Acts and resolutions of the General Assembly of the state of Georgia 1937-1938 [volume 2]

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: CURTISS PRINTING COMPANY, Inc. 19370000 English

ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1937-1938 19370000 19380000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE CURTISS PRINTING COMPANY, Inc. ATLANTA, GEORGIA 1938

TABLES OF TITLES PART I.GENERAL PUBLIC LAWS. TITLE I.AMENDMENTS TO CONSTITUTION AS PROPOSED. TITLE II.APPROPRIATIONS. TITLE III.TAXATION. TITLE IV.GOVERNMENT. TITLE V.CODE AMENDMENTS AND REPEALS. TITLE VI.GENERAL CIVIL AND PENAL LAWS. TITLE VII.EDUCATIONSCHOOLSUNIVERSITY SYSTEM. TITLE VIII.HIGHWAYS OF THE STATE. TITLE IX.SUPERIOR COURTS. PART II.LOCAL AND SPECIAL LAWS. TITLE I.CITY, COUNTY, AND MUNICIPAL COURTS. TITLE II.COUNTIES AND COUNTY MATTERS. TITLE III.SOLICITOR-GENERAL. PART III.CORPORATIONS. TITLE I.MUNICIPAL CORPORATIONS. PART IV.RESOLUTIONS. TITLE I.MISCELLANEOUS SUBJECTS.

STATUTES OF GEORGIA PASSED BY THE GENERAL ASSEMBLY AT THE EXTRA SESSION OF 1937-1938 PART I.GENERAL PUBLIC LAWS

TITLE I. AMENDMENTS TO CONSTITUTION. ACTS. Adel Bonded Debt. Baxley Refunding Bonds. Beaverdam School District Bonds. Blue Ridge Bonded Debt. Brantley County School Tax. Cobb County Fire Prevention. Dublin Bonded Debt. Eastman Bonded Debt. Fannin County Temporary Loans. Fire-Protection and Conservation Tax by Counties. Floyd County High-School Tax. Gainesville Bonded Debt. Homerville Bonded Debt. Hospitalization Tax by Counties. Jefferson Bonded Debt. Jeffersonville School District Bonded Debt. Macon Temporary Loans. Pineview-Jamestown School District Bonds. Savannah Bonded Debt. Sparks Bonded Debt. Vidalia Bonded Debt. Willacoochee Bonded Debt. ADEL BONDED DEBT. No. 128. 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

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City of Adel 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 July 1, 1937, and which becomes due up to and including July 1, 1942; 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 July 1, 1942; to authorize the City of Adel to increase its bonded indebtedness, in addition to and separate from the amount of debts heretofore allowed under said paragraph, under certain circumstances, for the purpose of extending, enlarging, repairing, constructing and maintaining the waterworks, sewerage, and electric systems of the City of Adel: 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 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, par. 1 (2-5501). And except that the City of Adel may issue refunding serial bonds not in excess of the aggregate sum of thirty nine thousand ($39,000.00) dollars, for the purpose of refunding and retiring its existing bonded indebtedness due and unpaid as of July 1, 1937 and which becomes due up to and including July 1, 1942, 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 refunded bonds so issued by the City of Adel to be used exclusively for the purpose of paying and retiring said bonded indebtedness that is or may become due and unpaid as of July 1,

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1942. Said refunding bonds shall be issued when authorized by a vote of the Mayor and City Council and shall be validated as provided by law; that the City of Adel from time to time as necessary for the purpose of extending, enlarging, repairing, constructing and/or maintaining (either, any or all of them) its waterworks system, sewerage system and electric light and power system, including pipe lines, reservoirs, pumping stations, sewerage line, sewerage disposal plant, electric line, machinery and machinery replacements, or anything else that may be necessary, convenient or proper for the extension, enlargement, repairment, construction, maintenance and/or operation of the waterworks, sewerage and electric light and power systems for the City of Adel, 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 twenty-five thousand ($25,000.00) 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 Adel. Provided said two thirds so voting shall be a majority of the registered voters. Refunding bond issue. 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

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the words, For ratification of amendment of article 7, section 7, paragraph 1, of the Constitution, authorizing the City of Adel to issue refunding bonds, to increase its bonded indebtedness for waterworks, sewerage and electric system, 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 Adel to issue refunding bonds, to increase its bonded indebtedness for waterworks, sewerage and electric systems. 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 of the State, and the Governor shall make a proclamation therefore, as provided by law. Publication. Submission to vote. Proclamation. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved January 10, 1938. BAXLEY REFUNDING BONDS. No. 135. 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 Baxley, Appling County, Georgia, to refund a bonded indebtedness, in addition to that heretofore authorized by the Constitution and laws of Georgia, for the purpose of refunding and retiring its present or any future bonded indebtedness legally incurred that may be due and unpaid, provided that same shall not be in excess of the amount municipalities are now authorized to incur,

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and provided that the funds raised from such additional bonded indebtedness shall be used exclusively, and for no other purpose, for the retirement of said bonded indebtedness that may exist for the present time or in the future, and to provide for same as may become due or unpaid, and to authorize the governing authorities of the City of Baxley, without a vote of the people, to authorize the issuance of said refunding bonds to meet the present or any future indebtedness that may be incurred, and to provide for the submission of this 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, par. 1 (2-5501). And except that the City of Baxley, in Appling County, Georgia, for its present or future bonded indebtedness, may issue serial refunding bonds not in excess of the legally authorized outstanding unpaid bonded indebtedness, which includes principal and interest, for the purpose of refunding and retiring any bonded indebtedness for said City of Baxley municipality, and providing for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said refunding bonds as they shall fall due; the proceeds of such refunding bonds that may be issued as herein provided to be used exclusively for the purpose of paying and retiring said bonded indebtedness that is due or that may become due and unpaid on any future bonded indebtedness, and provided further that said refunding bonds shall be issued only when authorized by a vote of the governing body of the City of Baxley, and then shall be validated as is provided by law. Refunding bonds. Tax levy.

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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, the Governor is hereby directed to have this proposal 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 Baxley 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 Baxley to issue refunding bonds. And if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof as provided by law, the result 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 the State, and the Governor shall make a proclamation therefor as provided by law. Publication. Submission to vote. Ballots. Proclamation. Approved January 10, 1938. BEAVERDAM SCHOOL DISTRICT BONDS. No. 339. 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 trustees

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of the Beaverdam School District of Berrien County, Georgia, 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 October 15, 1938, and which becomes due up to and including October 15, 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 October 15, 1938; to provide the terms of their issue; to provide for the submission of the amendment for ratification by the people; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. Article 7, section 7, paragraph 1, of the Constitution of Georgia, is hereby amended by adding at the end thereof a new paragraph in the following words, to wit: Art. 7, sec. 7, par. 1 (5501). And except that the Beaverdam School District of Berrien County, Georgia, may issue refunding serial bonds not in the excess of the aggregate sum of $11,000.00, for the purpose of refunding and retiring any bonded indebtedness of said school district, outstanding, past-due and unpaid on October 15, 1938, and any bonded indebtedness of said school district outstanding and which becomes due up to and including October 15, 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 said Beaverdam School District of Berrien County to be used exclusively for the purpose of paying and retiring said bonded indebtedness that is or may become due and unpaid as of October 15,

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1938. Said refunding bonds shall be issued when authorized by a vote of the trustees of the said Beaverdam School District and shall be validated. Refunding bonds. Tax levy. Section 2. When said amendment is agreed to by twothirds vote of the members of each House, with the ayes and nays thereon, it shall be 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 Beaverdam School District of Berrien County to issue refunding bonds, 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 the Beaverdam School District of Berrien County to issue refunding bonds; 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. Publication. Submission to vote. Ballots. Proclamation. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 12, 1938.

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BLUE RIDGE BONDED DEBT. No. 103. An Act to propose to the qualified voters of the State of Georgia an amendment to article seven (7), section seven (7), paragraph one (1), of the Constitution of the State of Georgia, authorizing the City of Blue Ridge, a municipal corporation of Fannin County, to create bonded indebtedness for the purpose of paying off and discharging any indebtedness that now exists or that may hereafter exist against the said City of Blue Ridge Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that article seven (7), section seven (7), paragraph one (1), of the Constitution of the State of Georgia be and the same is hereby amended by adding thereto the following words: Except that the City of Blue Ridge, a municipal corporation, of Fannin County, State of Georgia, may incur a bonded indebtedness in addition to the debts hereinbefore in this paragraph allowed to be incurred, in an amount in the aggregate not to exceed six (6%) per centum of the taxable property of said municipality as shown by the tax digest, for the purpose of paying off and discharging any indebtedness that now exists or that may hereafter exist against the said City of Blue Ridge; provided that said bonded indebtedness shall not be incurred except with the assent of two thirds of the qualified voters of said City of Blue Ridge, 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 of said City of Blue Ridge. Art. 7, sec. 7, par. 1 (5501). Bonds to discharge debts. Section 2. Be it further enacted by the authority aforesaid, that when said amendment be agreed to by two thirds vote of the members elected to each House, it shall be entered upon the journal of each House with

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theayesandnaysthereon, and 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 at the next general election be submitted for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, For ratification of amendment to article seven, section seven, paragraph one, of the Constitution, authorizing the City of Blue Ridge, a municipal corporation of Fannin County, to create a bonded indebtedness for the purpose of paying off indebtedness, and all persons voting at said election opposed to the adoption of said amendment shall have written or printed on their ballots the words, Against ratification of amendment to article seven, section seven, paragraph one, of the Constitution, authorizing the City of Blue Ridge, a municipal corporation of Fannin County, to create a bonded indebtedness for the purpose of paying off indebtedness; 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 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 seven, section seven, paragraph one of the Constitution of this State, and the Governor shall make proclamation therefor as provided by law. Publication. Submission to vote. Ballots. Proclamation. Section 3. Be it further enacted, that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved December 27, 1937.

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BRANTLEY COUNTY SCHOOL TAX. No. 46. A Resolution proposing to the qualified voters of the State of Georgia an amendment to the Constitution of the State of Georgia, authorizing the board of education of the County of Brantley to levy a school tax not exceeding five mills, in addition to the five mills now authorized by law; also authorizing the county board of education to levy sufficient tax millage to pay interest and provide sinking-fund for school bonds voted by school districts of Brantley County; to provide that Brantley County shall constitute one school district under the supervision and control of the county board of education; to abolish existing school-district lines in Brantley County; to authorize the Brantley County Board of Education to appoint school trustees; to provide county-wide election for making amendment mandatory; and for other purposes. Be it resolved by the General Assembly of the State of Georgia: Section 1. That article 8, section 4, paragraph 1, of the Constitution of Georgia, as heretofore amended, shall be further amended by adding at the end thereof a new subparagraph as follows, to wit: Art. 8, sec. 4, par. 1 (2-6901). The Board of Education of Brantley County is hereby authorized to recommend to the tax-levying authorities, and said authorities authorized and directed, upon such recommendation, to levy for educational purposes a tax not exceeding five mills on all property in said county, said tax to be in addition to the five mills school tax now authorized by law. Additional tax levy. The tax-levying authorities of Brantley County, upon the recommendation of the Brantley County Board of Education, shall levy a sufficient rate of taxation on all property

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in Brantley County to pay the interest and provide sufficient amount of sinking-fund to retire school bonds now outstanding or hereafter issued in accordance with the law governing same in Brantley County, whether said bonds were or shall be voted by the county as a whole or by school districts. Rate. All territory within the County of Brantley shall constitute one school district under the supervision and control of the county board of education; school districts as now established or as may be established by authority of the law contained in section 32-1101, Georgia Code 1933, are abolished. School districts abolished. The board of education of Brantley County shall have authority to appoint trustees for any or all of the several public schools in Brantley County,the number of trustees and the length of term to be in the discretion of said county board of education. Trustees. Upon the ratification of this amendment, it shall be the duty of the Ordinary of Brantley County to call an election to determine whether or not the provisions of this constitutional amendment shall become operative in Brantley County and mandatory upon the officers herein named to exercise the powers herein granted. Said election shall be held under the general laws governing special elections in this State, except as herein provided. Notice of said election shall be published by the Ordinary in the official county organ once a week for four consecutive weeks before said election is held. All persons voting at said election in favor of making the provisions of this amendment mandatory upon said officers shall have written or printed on their ballots the words: For establishing in Brantley County a county-unit school system and all persons opposed thereto shall have written or printed on their ballots the words: Against establishing in Brantley County a county-unit school system. The returns of said election shall be made to said Ordinary, and the result declared

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by him. If a majority of the qualified voters of Brantley County voting in said election shall vote in favor of making this amendment operative in Brantley County and requiring the officers herein named to exercise the powers herein granted, as expressed by their votes For establishing in Brantley County a county-unit school system, the provisions of this amendment shall become operative in Brantley County when said result is declared by the Ordinary, and it shall become mandatory upon the officers herein named to exercise the powers granted under this amendment. Election after ratification. Section 2. Whenever this proposed amendment shall be agreed to by two thirds of the members elected to each of the two Houses of the General Assembly, and the same shall have been entered on their journals, with theayes and nays taken thereon, the Governor is hereby authorized and directed to cause said amendment to be published in at least one newspaper in each Congressional District in this State for the period of two months previous to the time of holding the next general election to be held on Tuesday after the first Monday in November, 1938. The ballots to be used in said election shall have written or printed thereon the words: For amendment to article 8, section 4, paragraph 1, of the Constitution creating in Brantley County a county-unit school system, and against amendment to article 8, section 4, paragraph 1, of the Constitution, creating in Brantley County a county-unit school system. All persons voting in said election in favor of adopting said proposed amendment shall have written or printed on their ballots the words: For establishing in Brantley County a county-unit school system. All persons opposed to the amendment shall have written or printed on their ballots the words: Against establishing in Brantley County a county-unit school system. Should a majority of the electors qualified to vote for members of the General Assembly, voting thereon, vote For establishing in Brantley County a county-unit school

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system, the returns of said election shall be consolidated as now required by law in elections for members of the General Assembly, and it shall be the duty of the Secretary of State to certify the results of the vote on this amendment to the Governor, and such vote is so certified, and it shall appear that a majority of the qualified voters voting in said election voted in favor of said amendment, then the Governor shall issue his proclamation declaring that said amendment was ratified, and the same shall become a part of article 8, section 4, paragraph 1, of the Constitution. Publication. Submission to vote. Ballots. Proclamation. Approved February 18, 1938. COBB COUNTY FIRE PREVENTION. No. 357. 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 Cobb shall have authority to establish and administer within the bounds of the County of Cobb districts for fire prevention, and to establish and administer in such districts systems of fire prevention, and to levy taxes or special assessments therefor on property in said districts upon the vote of sixty (60) per cent. of the qualified voters of said districts voting at a special election to be called by the ordinary of the county and held in said districts upon said question; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. That article 11, section 1, of the Constitution of the State of Georgia be amended by adding at the end of said section a new paragraph as follows: Art. 11, sec. 1 (2-8201).

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The governing authorities of the County of Cobb shall have authority to establish and administer within the bounds of the County of Cobb districts for fire prevention, and to establish and administer in such districts systems of fire prevention, and to levy taxes or special assessments therefor on property in said districts upon the vote of sixty (60) per cent. of the qualified voters of said districts voting at a special election to be called by the ordinary of the county and held in said districts upon said question; provided that such taxes or assessments shall not exceed three mills upon the valuation of the property located in any such district. Fire districts. Tax levy. Section 2. 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 Cobb County to establish and administer districts for fire prevention, and to establish and administer system of fire prevention 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 Cobb County to establish and administer districts for fire prevention, and to establish and administer systems of fire prevention in said districts; and if a majority of said electors qualified to vote for members of the General Assembly, voting thereon, shall vote for the ratification thereof, when the result shall be consolidated

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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. Publication. Submission to vote. Ballots. Proclamation. Section 3. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 12, 1938. DUBLIN BONDED DEBT. No. 131. 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 June 15, 1941; to provide that the fund 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 June 15, 1941; 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, par. 1 (2-5501). And except that the City of Dublin may issue refunding serial bonds not in excess of the aggregate sum of

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($40,000.00) dollars, for the purpose of refunding and retiring any bonded indebtedness of said city outstanding, passed due and unpaid up to and including June 15, 1941, 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 June 15, 1941. Said refunding bonds shall be issued when authorized by a vote of the mayor and board of aldermen and shall be validated by law. Refunding bonds. 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

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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. Publication. Submission to vote. Ballots. Proclamation. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved January 10, 1938. Compiler's Note.The words, shall vote for ratification thereof, when the result, do not appear in the Act as engrossed and enrolled. EASTMAN BONDED DEBT. No. 132. 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 Eastman to incur a bonded indebtedness or indebtednesses, at such time or times as may be deemed expedient by the council of the City of Eastman, in addition to that heretofore authorized by the Constitution and laws of Georgia, for the purpose of refunding or retiring any or all of its existing bonded indebtedness, whether due and unpaid or not; to provide that the funds raised from such additional bonded indebtedness shall be used exclusively for the retirement of any or all of said existing bonded indebtedness that is, or may become, due up to and including December 31st, 1956, or that such refunding bonds may be exchanged for any or all of such existing bonded indebtedness that is, or may become, due up to and including December 31st, 1956; 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,

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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, par. 1 (2-5501). And except that the City of Eastman may issue refunding serial bonds not in excess of the aggregate sum of ninety-eight thousand ($98,000.00) dollars, at such time or times as may be deemed expedient by the council of the City of Eastman, for the purpose of refunding and retiring any or all of the existing bonded indebtedness of said City of Eastman, whether due and unpaid or not, 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 Eastman to be used exclusively for the purpose of paying and retiring any or all of said existing bonded indebtedness that is, or may become, due up to and including December 31st, 1956, or that such refunding bonds may be exchanged for any or all of such existing bonded indebtedness that is, or may become, due up to and including December 31st, 1956. Said refunding bonds shall be issued when authorized by a vote of the council of the City of Eastman and shall be validated as provided by law. Refunding bond issue. 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

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on their ballots the words, For ratification of amendment of article 7, section 7, paragraph 1, of the Constitution, authorizing the City of Eastman 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 Eastman to issue refunding bonds. And if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, * * See compiler's note to Dublin Act, next before. 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. Publication. Submission to vote. Ballots. Proclamation. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved January 10, 1938. FANNIN COUNTY TEMPORARY LOANS. No. 86. 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 Fannin 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,

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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, par. 1 (2-5501). And except that Fannin County, in addition to the debts hereinbefore allowed, may 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 county commissioner and clerk to the county commissioner having charge of the levying of taxes in said county, and previously authorized by resolution by such county commissioner, at a regular monthly meeting of his court entered on the minutes. The aggregate amount of said loans outstanding at any one time shall not exceed fifty per cent. of the total gross income of the county from taxes and other sources in the preceding year, and no new loans shall be made in one year until all loans made in the previous year have been paid in full. Loan notes. 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 Fannin 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,

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authorizing Fannin 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. Publication. Submission to vote. Ballots. Proclamation. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved December 29, 1937. FIRE-PROTECTION AND CONSERVATION TAX BY COUNTIES. No. 23. 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 providing forest-fire protection and for the further conservation of natural resources; and for other purposes. Be it resolved by the General Assembly: 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, as amended by the General Assembly of 1937 and ratified by the people of Georgia on June 8, 1937, and after said amending clause, And to pay county agricultural and home demonstration agents, the following words, And to provide for fire protection of forest

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lands, and for the further conservation of natural resources, 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 court; to support paupers and pay debts heretofore existing; to pay the county police, and to provide for necessary sanitation; and for the collection and preservation of records of birth, death, diseases, and health; to pay county agricultural and home demonstration agents; and to provide for fire protection of forest lands, and for the further conservation of natural resources. Art. 7, sec. 6, par. 2 (2-5402). Tax for fire protection of forests. 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 provide for fire protection of forest lands, and for the further conservation of natural resources. 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. Publication. Submission to vote. Ballots. Proclamation. Approved February 5, 1938.

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FLOYD COUNTY HIGH-SCHOOL TAX. No. 338. An Act to propose to the qualified voters of Georgia an amendment to article 8, section 4, paragraph 1, of the Constitution of Georgia, so as to authorize Floyd County, Georgia, to levy an additional tax for high school purposes, on all the taxable property of the county except that property within the City of Rome which shall be exempt from said tax, when approved by a majority of the qualified voters of said county living outside the City of Rome voting at an election to pass upon such tax, but if a majority of the qualified voters living outside the City of Rome should vote in favor of ratifying this constitutional amendment at the general election to be held on Tuesday after the first Monday in November, 1938, then it shall not be necessary for the county commissioners of roads and revenue of Floyd County to call a special election. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that article 8, section 4, paragraph 1, of the Constitution of Georgia, as heretofore amended, shall be further amended by adding at the end thereof a new subparagraph in the following words, to wit: Floyd County, Georgia, shall be authorized to levy a tax for high school purposes, of not exceeding twenty cents on the hundred dollars of all taxable property in said county lying outside the City of Rome, in addition to all other taxes which it is now authorized by law to levy, upon approval of a majority of the qualified voters of said county living outside the City of Rome, voting at an election held for the purpose of passing upon such a tax; but if a majority of the qualified voters living outside the City of Rome should vote in favor of ratifying this constitutional amendment at the General election to be held on Tuesday after the first Monday in November, 1938, then it shall

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not be necessary for the county commissioners of roads and revenue of Floyd County to call a special election; provided, however, that should a majority of the qualified voters of Floyd County living outside the City of Rome vote against this constitutional amendment in the election to be held on Tuesday after the first Monday in November, 1938, then if and when this amendment shall be ratified it shall be the duty of the county commissioners of roads and revenue of Floyd County to call a special election within one year after the ratification and approval of this constitutional amendment by the people of Georgia, the county to pay the expenses of said election or elections to pass upon said tax, which election shall be held in the same manner as other elections are held in said county. Art. 8, sec. 4, par. 1 (2-6901). Tax levy for high schools outside of Rome. Special election. Section 2. Notice of said election shall be published by said county commissioners of roads and revenue, in the newspaper in which sheriffs advertisements in said county are published, once a week for four weeks consecutively before said election is held. The rate of taxation to be levied for high school purposes shall be that recommended by the board of education of Floyd County, but not to exceed the limit herein specified. The returns of said election shall be made to the Ordinary of said county, and the results declared by him. If the first election held should be adverse to such tax, it shall be the duty of the county commissioners of roads and revenue of said county to again submit to the voters of Floyd County living outside the City of Rome the question of whether such tax shall be levied, when they are requested so to do by the board of education of Floyd County; provided, elections shall not be held for this purpose within less than one year of each other. When a tax for high school purposes shall have been approved by the voters of Floyd County living outside the City of Rome, it shall be the duty of the county commissioners of roads and revenue to include in their next regular annual levy of taxes such tax

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for high school purposes as may be recommended by the board of education of Floyd County, but not to exceed the limit specified of twenty cents on the hundred dollars of taxable property, such tax to be levied annually thereafter as recommended by the board of education of Floyd County. All moneys arising from said tax shall be turned over to the board of education of Floyd County, Georgia, for expenditures for high school purposes only, and said board shall have the right to make such arrangements with any high school in the county for high school work as it may deem advisable. The Floyd County board of education shall have the right to use the money derived from this tax for building, equipping, and operating high schools if in the judgement it should become necessary. Notice. Tax levy. Other special election. Tax levy. Board of education. Section 3. Be it further enacted by authority aforesaid, that whenever the 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 the period of two months next preceding the time of holding the next general election. Publication. Section 4. Be it further enacted by the authority aforesaid, that the amendment to the Constitution herein proposed shall be submitted for ratification or rejection to the voters of this State at the next general election to be held on Tuesday after the first Monday in November, 1938. All persons voting in said election in favor of adopting the proposed amendment shall have written or printed on their ballot the words, For amendment to authorize Floyd County, Georgia, to levy extra tax for high school purposes on all taxable property outside the City of Rome and all persons opposed to the adoption of the amendment

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shall have written or printed on their ballots the words, Against amendment to authorize Floyd County, Georgia, to levy extra tax for high school purposes on all taxable property outside the City of Rome. Submission to vote. Ballots. Section 5. Be it further enacted, that it shall be the duty of the Secretary of State to certify the results of the vote on this amendment to the Governor; and when such vote is so certified, if it shall appear that a majority of the qualified voters in favor of said amendment, then the same shall become a part of article eight, section four, paragraph one, of the Constitution of Georgia and the Governor shall issue his proclamation to that effect as provided by law. Certificate of election result. Proclamation. Section 6. Be it further enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved February 12, 1938. GAINESVILLE BONDED DEBT. No. 9. A Resolution 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 Gainesville 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, 1940; 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, 1940; to provide for the submission of the amendment for ratification by the people; 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 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, par. 1 (2-5501). And except that the City of Gainesville may issue refunding serial bonds not in excess of the aggregate sum of one hundred thousand ($100,000.00) dollars, for the purpose of refunding and retiring any bonded indebtedness of said city outstanding, past due and unpaid up to and including January 1, 1940, 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 Gainesville 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, 1940. Said refunding bonds shall be issued when authorized by a vote of the Commissioners of Gainesville, and shall be validated as provided by law. Refunding bond issue. 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 Gainesville to issue refunding

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bonds, and all persons opposed to the adopting of said amendment shall have written or printed on their ballots, Against ratification of amendment of article 7, section 7, paragraph 1, of the Constitution, authorizing the City of Gainesville to issue refunding bonds. And if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, * * See footnote to Dublin Act, ante. 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, paragraph 1, of the Constitution of the State, and the Governor shall make a proclamation therefor as provided by law. Publication. Submission to vote. Ballots. Proclamation. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved January 10, 1938. HOMERVILLE BONDED DEBT. No. 372. 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 Homerville 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 and interest thereon due and unpaid up to and including January 1, 1939; to provide that the funds raised from such additional bonded indebtedness shall be used exclusively for the retirement of said bonded indebtedness and interest thereon that is or may become due and unpaid as of January 1, 1939; to provide for the submission of the amendment for ratification by the people; 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 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, par. 1 (2-5501). And except that the City of Homerville may issue refunding serial bonds not in excess of the aggregate sum of $14,400.00 for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said city outstanding, past due and unpaid up to and including January 1, 1939, 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 Homerville to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon that is or may become due and unpaid as of January 1, 1939. Said refunding bonds shall be issued when authorized by a vote of the mayor and city council, and shall be validated as provided by law. Refunding bond issue. 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 Homerville to issue refunding bonds, and all

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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 Homerville to issue refunding bonds. And if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, * * See footnote to Dublin Act, ante. 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. Publication. Submission to vote. Ballots. Proclamation. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 16, 1938. HOMERVILLE BONDED DEBT. No. 407. 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 Homerville 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, 1939; 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, 1939; to provide for the submission of the amendment for ratification by the people; 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 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, par. 1 (2-5501). And except that the City of Homerville may issue refunding serial bonds not in excess of the aggregate sum of fourteen thousand four hundred dollars ($14,400.00) for the purpose of refunding and retiring any bonded indebtedness of said city outstanding, past due and unpaid up to and including January 1, 1939, 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 Homerville 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, 1939. Said refunding bonds shall be issued when authorized by a vote of the mayor and city council and shall be validated as provided by law. Refunding bond issue. 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 Homerville to issue refunding

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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 Homerville to issue refunding bonds. And if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, * * See footnote to Dublin Act, ante. * * This Act is like the Homerville Act next before, except that this one omits the words, And interest 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 of the State, and the Governor shall make a proclamation therefor, as provided by law. Publication. Submission to vote. Ballots. Proclamation. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 16, 1938. HOSPITALIZATION TAX BY COUNTIES. No. 12. A Resolution proposing to the qualified voters of the State of Georgia, for ratification or rejection, an amendment to article VII, section VI, paragraph II, of the Constitution of Georgia, permitting the General Assembly to delegate to any county the right to levy a tax for the purpose of furnishing medical or other care and hospitalization for the indigent sick people of the county; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. That article VII, section VI, paragraph II, of the Constitution of Georgia be and the same is hereby amended by adding to the first paragraph of paragraph

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II the following words: To provide medical or other care and hospitalization for the indigent sick people of the county, so that said article VII, section VI, paragraph II of the Constitution as amended shall read as follows: Art. 7, sec. 6, par. 2 (2-5402). Par. II. 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 jurors 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 sanitation, and for the collection and preservation of records of birth, death, disease, and health; to provide medical or other care and hospitalization for the indigent sick people of the county. Tax levy for medical care of indigents. Furthermore, in any county in this 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 one and one-half 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. Tax levy for education. 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, voting in favor of the ratification of the amendment, shall have written or printed on their ballots, For the amendment to article VII, section VI, paragraph II, of the Constitution, permitting the General Assembly to

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delegate to any county the right to levy a tax for the purpose of providing medical or other care and hospitalization for the indigent sick people of the county; and all persons voting against the ratification of the amendment shall have written or printed on their ballots, Against the amendment to article VII, section VI, paragraph II, of the Constitution, permitting the General Assembly to delegate to any county the right to levy a tax for the purpose of providing medical or other care and hospitalization for the indigent sick people of the county. Should a majority of such qualified voters, voting at such election, vote in favor of the amendment, the Governor shall make proclamation thereof, and the foregoing amendment shall become a part of article VII, section VI, paragraph II, of the Constitution of Georgia. Publication. Submission to vote. Ballots. Proclamation. Approved January 17, 1938. JEFFERSON BONDED DEBT. No. 345. 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 Jefferson 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 up to and including January 1, 1938, and which becomes due up to and including January 1, 1945; 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, 1945; to provide the terms of their issue; to provide for the submission of the amendment for ratification by the people; 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 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, par. 1 (2-5501). And except that the City of Jefferson may issue refunding serial bonds not in excess of the aggregate sum of $35,000.00 for the purpose of refunding and retiring any bonded indebtedness of said city outstanding, past due and unpaid on January 1, 1938, and any bonded indebtedness of said city outstanding and which becomes due up to and including January 1, 1945, 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 Jefferson 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, 1945. Said refunding bonds shall be issued when authorized by a vote of the Mayor and Council of the City of Jefferson, and shall be validated. Refunding bonds. 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

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the City of Jefferson 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 Jefferson to issue refunding bonds, 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 the State, and the Governor shall make a proclamation therefor, as provided by law. Publication. Submission to vote. Ballots. Proclamation. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 12, 1938. JEFFERSONVILLE SCHOOL DISTRICT BONDED DEBT. No. 305. 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 trustees of the Jeffersonville Consolidated School District of Twiggs County, Georgia, 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 February 1, 1937, and which shall become due up to and including February 1, 1941; to provide that the funds raised from such additional bonded indebtedness shall be used exclusively for the retirement of said bonded indebtedness that is

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or may become due and unpaid up to and including February 1, 1941; 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, par. 1 (2-5501). And except that the Jeffersonville Consolidated School District, of Twiggs County, Georgia, may issue refunding serial bonds not in the excess of the aggregate sum of $27,000,00, for the purpose of refunding and retiring any bonded indebtedness of the said Jeffersonville Consolidated School District, outstanding, past due and unpaid as of February 1, 1937, and any bonded indebtedness of said Jeffersonville Consolidated School District which becomes due up to and including February 1, 1941, 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 said Jeffersonville Consolidated School District of Twiggs County, Georgia, to be used exclusively for the purpose of paying and retiring said bonded indebtedness that is or may become due and unpaid up to and including February 1, 1941. Said refunding bonds shall be issued when authorized by a vote of the trustees of the said Jeffersonville Consolidated School District, and shall be validated. Refunding bond issue. Tax levy. Section 2. When said amendment is agreed to by two thirds vote of the members of each House, with the ayes and nays thereon, it shall be 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

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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 Jeffersonville Consolidated School District of Twiggs County, Georgia, to issue refunding bonds, 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 the Jeffersonville Consolidated School District of Twiggs County to issue refunding bonds, 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. Ballots. Proclamation. Section 3. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 7, 1938. MACON TEMPORARY LOANS. No. 129. An Act to propose to the qualified voters of Georgia amendments to article 7, section 7, paragraph 1, of the Constitution of Georgia, so as to authorize the City

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of Macon to make temporary loans, to limit the aggregate amount of said loans outstanding at any one time, and to provide that said loans must be paid out of revenues received by the City of Macon in the year in which said loans are made; to authorize the City of Macon to issue notes or debt certificates for the retirement and payment of the deficit and current indebtedness of the City of Macon and to provide the terms of their issue; to provide for the submission of the amendments 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 new paragraphs in the following words, to wit: Art. 7, sec. 7, par. 1 (2-5501). And except that the City of Macon, in addition to the debts hereinbefore allowed, may make temporary loans between January 1, and December 31 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 Treasurer of the City of Macon and previously authorized by resolution approved by a majority vote of the Mayor and Board of Aldermen of the City of Macon at 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 (50%) per cent of the total gross receipts of the City of Macon 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 loans 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 the same. Loans authorized.

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And except also that the City of Macon by a majority vote of the Mayor and Board of Aldermen of the City, may issue notes or debt certificates to be executed by the Mayor and Treasurer for the retirement and payment of the deficit and current indebtedness of the City of Macon as the same may be at the date of such issues, provided such issues be on or before January 1, 1939, and otherwise in an amount not exceeding the said deficit and current indebtedness outstanding on January 1, 1939. Such notes or debt certificates may be issued in such denomination, bearing such interest and falling due at such times as the Mayor and Board of Aldermen may fix and determine, but not to exceed five (5) years from the date of their issue. Notes or debt certificates. Section 2. Be it further enacted by the authority afore-said, that when said amendments 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, the amendments shall at said general election, be submitted separately to the people for ratification. Publication. Submission. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution authorizing the City of Macon to make temporary loans 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 Macon to make temporary loans, and all persons opposed to the adoption of said amendment authorizing the City of Macon to make temporary loans 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 Macon to make temporary loans, and if a majority of electors

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qualified to vote for members of the General Assembly voting thereon, shall vote for ratification thereof, when the result shall be consolidated, as now required by law in elections for members of the General Assembly, the said amendment shall become a part of article 7, section 7, paragraph 1, of the Constitution of the State, and the Governor shall make a proclamation therefor as provided by law, and the City of Macon, without further legislation, authority or vote, than that provided herein, shall be authorized to perform the act or acts embraced in such amendment. Ballots. Proclamation. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution authorizing the City of Macon to retire current deficit 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 Macon to retire deficit and pay current indebtedness, and all persons opposed to the adoption of said amendment authorizing the City of Macon to retire current deficit 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 Macon to retire deficit and pay current indebtedness, and if a majority of electors qualified to vote for members of the General Assembly voting thereon, shall vote for ratification thereof, when the result shall be consolidated, as now required by law in elections for members of the General Assembly, the said Amendment shall become a part of article 7, section 7, paragraph 1, of the Constitution of the State, and the Governor shall make a proclamation therefor as provided by law, and the City of Macon, without further legislation, authority or vote, than that provided herein, shall be authorized to perform the Act or Acts embraced in such amendment. Ballots. Proclamation.

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Section 3. Be it further enacted by the authority afore-said that all laws, or parts of laws, in conflict herewith shall be, and are hereby, repealed. Approved January 10, 1938. PINEVIEW-JAMESTOWN SCHOOL DISTRICT BONDS. No. 250. 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 trustees of the Pineview-Jamestown Consolidated School District of Ware County, Georgia, 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 March 1, 1934, March 1, 1935, March 1, 1936, March 1, 1937, and which becomes due up to and including March 1, 1951; 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 March 1, 1951; to provide the terms of their issue; to provide for the submission of the amendment for ratification by the people; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. Article 7, section 7, paragraph 1, of the Constitution of Georgia, is hereby amended by adding at the end thereof a new paragraph in the following words, to wit: Art. 7, sec. 7, par. 1 (2-5501).

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And except that the Pineview-Jamestown Consolidated School District of Ware County, Georgia, may issue refunding serial bonds not in the excess of the aggregate sum of $25,000.00, for the purpose of refunding and retiring any bonded indebtedness of said school district, outstanding, past due and unpaid on March 1, 1937, and any bonded indebtedness of said school district outstanding and which becomes due up to and including March 1, 1951, 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 said Pineview-Jamestown Consolidated School District of Ware County to be used exclusively for the purpose of paying and retiring said bonded indebtedness that is or may become due and unpaid as of March 1, 1951. Said refunding bonds shall be issued when authorized by a vote of the trustees of the said Pineview-Jamestown Consolidated School District and shall be validated. Refunding bond issue. Section 2. When said amendment is agreed to by two thirds vote of the members of each House, with the ayes and nays thereon, it shall be 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 Pineview-Jamestown Consolidated School District of Ware County to issue refunding bonds, 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

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7, paragraph 1, of the Constitution, authorizing the Pineview-Jamestown Consolidated School District of Ware County to issue refunding bonds, 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 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. Ballots. Proclamation. Section 3. When said amendment has been ratified and proclamation has been issued by the Governor, all laws and parts of laws in conflict herewith are repealed. Approved January 26, 1938. SAVANNAH BONDED DEBT. No. 9. An Act to propose to the qualified voters of the State of Georgia an amendment to article 7, section 7, paragraph 1, of the Constitution of the State of Georgia, incorporated in the Code of 1933 as section 2-5501, so as to authorize the City of Savannah 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 November 1, 1937, and that becomes due up to and including January 1, 1939, 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, 1939; to authorize the City of Savannah to issue bonds for the payment and retirement

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of all notes and other liquidated or unliquidated demands outstanding and unpaid as of January 1, 1939, for which the City of Savannah may be liable as principal, guarantor or otherwise, and to provide that funds raised from such additional bonded indebtedness shall be used exclusively for the payment and retirement of the indebtedness and obligations for which they are issued; to authorize the assessment and collection of an annual tax sufficient to pay principal and interest of said bonds as they become due; to authorize the fixing of the rate of interest, the date of issuance and other details incident to the issue and sale of said bonds; to provide for validation; to provide for 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 the authority of the same, that article seven (7), section seven (7), paragraph one (1) of the Constitution of Georgia, incorporated in the Code of 1933 as section 2-5501, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph to be worded as follows, to wit: And except, that the City of Savannah, in addition to the bonded indebtedness heretofore authorized by the Constitution and laws of Georgia, may issue refunding serial bonds not in excess of the aggregate sum of three hundred forty-five thousand ($345,000.00) dollars for the purpose of refunding and retiring any bonded indebtedness of said City outstanding, past due and unpaid as of November 1, 1937, and any bonded indebtedness of said City, which becomes due up to and including January 1, 1939, and shall provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said refunding bonds as they become due. Said serial bonds so issued shall mature in twenty-five (25) annual equal amounts beginning five (5) years

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from the date of issuance and maturing each year thereafter for a period of twenty-five (25) years. The proceeds of all such refunding bonds so issued by the City of Savannah shall 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, 1939. Said refunding bonds shall be issued and validated when authorized by a majority vote of the Mayor and the Board of Aldermen of the City of Savannah, who are hereby authorized and empowered to fix the rate of interest, the date of issuance and all other details incident to the issue and sale of said bonds. Art. 7, sec. 7, par. 1 (2-5501). And except, that the City of Savannah in addition to the bonded indebtedness heretofore authorized by the Constitution and laws of Georgia, may issue serial bonds not in excess of the sum of six hundred fifty-five thousand ($655,000.00) dollars for the payment and retirement of the deficit and current indebtedness of the City of Savannah, the same being represented by judgments, notes, open accounts and other liquidated or unliquidated demands for which said City of Savannah may be liable as principal, guarantor or otherwise, outstanding and unpaid as of January 1, 1939; and shall provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said bonds as they become due. Said serial bonds so issued shall mature in twenty-five (25) annual equal amounts beginning five (5) years from the date of issuance and maturing each year thereafter for a period of twenty-five (25) years. The proceeds of such bonds shall be used exclusively for the purpose of paying and retiring said outstanding and unpaid notes, judgments, open accounts and other liquidated or unliquidated demands as of January 1, 1939, for which said City of Savannah may be liable as principal, guarantor or otherwise. Said bonds shall be issued and validated when authorized by a majority vote of the Mayor and the Board of Aldermen

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of the City of Savannah, who are hereby authorized and empowered to fix the rate of interest, the date of issuance and all other details incident to the issue and sale of said bonds. Bond issue. Purposes. 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 of the two Houses, said amendment shall be entered on their journals, with the ayes and nays thereon, and shall be published in one or more newspapers in each Congressional District in the State of Georgia for two (2) months previous to the time of holding the next general election, and said amendment shall, at the next general election, be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, For ratification of amendment to article 7, section 7, paragraph 1, of the Constitution, authorizing the City of Savannah to issue refunding bonds, to issue bonds for the retirement of indebtedness due and unpaid as of January 1, 1939, and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, Against ratification of amendment to article 7, section 7, paragraph 1, of the Constitution, authorizing the City of Savannah to issue refunding bonds, to issue bonds for the retirement of indebtedness due and unpaid as of January 1, 1939; 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 result shall be consolidated as now required by law in election of members of the General Assembly, the amendment and its provisions shall become a part of article 7, section 7, paragraph 1 of the Constitution of the State of Georgia, and the Governor of the State of Georgia shall make a proclamation thereof, as provided by law. Publication. Submission. Ballots. Proclamation.

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Section 3. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved December 10, 1937. SPARKS BONDED DEBT. No. 138. 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 Town of Sparks 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 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 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 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, par. 1 (2-5501). And except that the Town of Sparks may issue refunding serial bonds not in excess of the aggregate sum of nineteen thousand ($19,000.00) dollars, for the purpose of refunding and retiring its existing bonded indebtedness which becomes due up to and including January 1, 1938, and providing for the assessment and collection of an

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annual tax sufficient in amount to pay the principal and interest of said bonds as they fall due; the proceeds of all such refunded bonds so issued by the Town of Sparks 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 town council, and shall be validated as provided by law. Refunding bond issue. 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 Town of Sparks 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 Town of Sparks to issue refunding bonds. And if a majority of the electors qualified to vote for members of the General Assembly, voting thereon * * See footnote to Dublin Act, ante. , shall be consolidated as now required by law in election for members of the General Assembly, the said amendments shall become a part of the 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. Ballots. Proclamation. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved January 10, 1938. VIDALIA BONDED DEBT. No. 130. 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 Vidalia 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 exclusively 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, par. 1 (2-5501). And except that the City of Vidalia may issue refunding serial bonds not in excess of the aggregate sum of forty thousand ($40,000.00) dollars, for the purpose of refunding and retiring any bonded indebtedness of said city outstanding, past due and unpaid up to and including

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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 Vidalia 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 councilmen and shall be validated as provided by law. Refunding bond issue. 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 Vidalia to issue refunding bonds. And if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, * * See footnote to Dublin Act, ante. shall be consolidated as now required by law in election of 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. Ballots. Proclamation. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved January 10, 1938.

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WILLACOOCHEE BONDED DEBT. No. 211. 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 Town of Willacoochee 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, 1939, and which becomes due up to and including July 1, 1941; 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, 1939, and/or July 1, 1941; 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, par. 1 (2-5501). And except that the Town of Willacoochee 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, 1939, and any bonded indebtedness of said City outstanding and which may become due up to and including July 1, 1941, 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 refundng bonds so issued by the Town of Willacoochee to be used exclusively for the purpose of paying and retiring said

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bonded indebtedness that is or may become due and unpaid as of January 1, 1939, and/or July 1, 1941; and provided further, that such indebtedness shall not be incurred except with the assent of two thirds of the qualified voters of said Town of Willacoochee 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 Town of Willacoochee. Bond issue. Purpose. 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 Town of Willacoochee 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 Town of Willacoochee to issue refunding bonds, and if a majority of the electors qualified to 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 the State, and the Governor shall make a proclamation therefor, as provided by law. Publication. Submission. Ballots. Proclamation. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved January 21, 1938.

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TITLE II. APPROPRIATIONS. ACTS. Agricultural and Natural Resources DepartmentsAmending Act. Capitol Building Repairs. Forestry DivisionPaper-Pulp. Insect and Plant Disease Eradication. Legislative ExpensesAmending Act. Penal Administration Board. Public WelfareAmending Act. Public Welfare Department Allocation. Stabilization Fund. Western Atlantic Rental Discount. AGRICULTURAL AND NATURAL RESOURCES DEPARTMENTSAMENDING ACT. No. 402. An Act to amend an Act known as the general appropriation act for two years ending June 30, 1939, to amend certain sections of said appropriation act and to amend section 14 of said act relating to the Agricultural Department; to amend part 1, title 2, section 16, and subsection (a) of the general appropriation act of 1937 as found on page 64 of the Georgia Laws 1937, relating to the Division of Wild Life of the Department of Natural Resources; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same:

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Section 1. That the general appropriation act for two years ending June 30, 1939, be amended as follows to wit: By striking from section 14 on pages 62 and 63 of the Acts of 1937, relating to the Department of Agriculture, the following paragraph: Act of 1937 amended. 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 funds for the Department of Agriculture, to be repaid to the general fund in the period January 1-June 30, 1938. Stricken proviso. Section 2. Be it further enacted by the authorities by foresaid, that in lieu of the paragraph herein above strickened the following shall be added: Provided further, that the State Treasurer is authorized and directed to advance in the general fund not exceeding $100,000.00 in the period of July 1 to December 31, 1937, for operating funds for the Department of Agriculture, to be repaid to the general fund so much thereof as is not required to pay the outstanding indebtedness of said department and to operate said department in 1938 and any remaining balance in the period, January 1-June 30, 1939. Operating advance. Repayment. Section 3. Provided further, that the amount of $23,264.44 is hereby appropriated to the Division of Wild Life of the Department of Natural Resources. Said funds to be available immediately to the said Division of Wild Life. Said funds to be used for the operating costs and the payment of past-due obligations of said Division of Wild Life. Provided further, that the sum of $23,264.44 shall be in addition to the allocation provided by law, and shall be paid out of funds set up in the treasury to the credit of the State Licensing Board for Contractors. Amount to Wild Life Division.

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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 16, 1938. CAPITOL BUILDING REPAIRS. No. 392. An Act to provide for an appropriation from the State Treasury for the purpose of purchasing materials and/or purchase or rental of equipment to repair the State Capitol Building; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby appropriated from the Treasury of the State of Georgia the sum of $12,000.00 for the purchase of materials and/or purchase or rental of equipment to be used in connection with repairs to the State Capitol Building, provided, however, that said money shall not be expended from the Treasury of the State of Georgia until there has been appropriated and/or allocated the sum of $40,000.00 or more for labor and material in connection with said repairs by the United States Government or an authorized agency of the United States Government. Repair of Capitol conditioned on Federal appropriation. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 16, 1938. FORESTRY DIVISIONPAPER PULP. No. 406. An Act to appropriate the sum of $20,000.00 for the year 1938 to the Division of Forestry of the Department

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of Natural Resources, for the purpose of developing the paper-pulp industry in this State; 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. There is hereby appropriated from the moneys now in the hands of the Treasury of the State Licensing Board for Contractors the sum of $20,000.00 for the year 1938 to the Division of Forestry of the Department of Natural Resources, for the purpose of developing the paper-pulp industry in this State; provided that the sum of $20,000.00 is donated from other sources to match this appropriation. Money from Licensing Board. Donation proviso. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 16, 1938. INSECT AND PLANT DISEASE ERADICATION. No. 397. An Act to appropriate to the Executive Department for each of the fiscal years 1937-1938 and 1938-1939 the sum of $40,000.00 to be used in the prevention, control, and eradication of dangerous insects and plant diseases, and for research relative thereto; to provide how said appropriation shall be expended; 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 there is hereby appropriated to the Executive Department out of funds in the general treasury the sum of $40,000.00 for each of the fiscal years 1937-1938 and 1938-1939. Said sum, or so much thereof as may be necessary shall be used: From general fund.

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(a) To prevent the introduction into and dissemination within the State of Georgia of dangerous insects and plant diseases not known to exist in the State of Georgia, and Purposes. (b) For the control, prevention of spread, eradication and research against any and all dangerous insects and plant diseases which now or hereafter exist in this State. Section 2. The expenditure of said funds for the aforesaid purposes shall be under the control and supervision of the State Entomologist; provided, however, no amount of said appropriation may be used until the State Entomologist has satisfied the Governor, by the submission of proof, that an emergency exists by virtue of the threatened introduction and/or dissemination within this State of such dangerous insects and/or plant diseases, or of the existence in this State of dangerous insects and/or plant diseases sufficient in quantity or virulence as to substantially endanger the agricultural, horticultural or other similar interests in this State, and to warrant the expenditure of any portion or all of the appropriation. Control and supervision. Section 3. That any part of this appropriation for the fiscal year 1937 and 1938 that is not spent during the fiscal year shall be and is hereby appropriated for the fiscal year of 1938 and 1939. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 16, 1938. LEGISLATIVE EXPENSESAMENDING ACT. No. 73. An Act to amend an Act entitled General AppropriationsTwo Years ending June 30, 1939, approved March 30, 1937, so as to provide for current and past due legislative expenses.

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Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, that section 4, subsection (j), page 59, Acts 1937, providing an appropriation for the Legislative Department, For the fiscal year 1938, be and the same is hereby amended by striking the words, For the fiscal year 1939, and substituting in lieu thereof the words, For each of the fiscal years 1937, 1938, and 1939. That the members of the Legislature, Secretary of the Senate, Clerk of the House, and their staffs of assistants and clerks shall receive their per diem for each day, beginning November 22, 1937, until sine die adjournment. Providing, however, all unpaid expenses of the legislative session of 1937, including the extra session, and all committee expenses incident to either session shall be paid out of the appropriations for 1937, 1938, and 1939. Expenses current and past Unpaid expenses. Approved December 24, 1937. PENAL ADMINISTRATION BOARD. No. 396. An Act to amend an Act of 1937 approved March 30, 1937, entitled General AppropriationsTwo Years Ending June 30, 1939, so as to provide appropriations for the operations of the State Board of Penal Administration and State Prison and Parole Commission, in lieu of the appropriations made for the operations of the State Prison Commission and farms; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, that the Act of 1937 approved March 30, 1937, entitled General AppropriationsTwo Years Ending June 30, 1939Section 21, be and the same is hereby amended by striking this section in its entirety, provided the funds

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already drawn from State Treasury are charged to the items provided herein, and substituting in lieu thereof as the appropriation for the purposes named for each of the two years ending June 30, 1939, the following: Section 21. Prison and Parole Commission. (a) For the operating cost of the Commission $ 100,000.00 Operating cost. Provided that any payments made from the State Treasury since July 1, 1937, on the appropriation which is hereby abolished which provided for the operations of the former Prison Commission office shall be charged against this appropriation. Provided further, that any approved obligations which were created by Prison Commission for the purposes provided by this section shall be liquidated from funds received from the appropriation provided in this section. Payments chargeable. Section 21-A. Board of Penal Administration. (a) For the operating cost of Board, State Prisons and Farms $ 267,000.00 Provided that from the above amount appropriated there shall be paid the amounts necessary for amortization of the purchase contract of the Tattnall prison. Provided further, that any payments made from the State Treasury since July 1, 1937, to date on the appropriations which are hereby abolished which provided for the operations, purchase of equipment, buildings and lands for the Prisons and Farms shall be charged against this appropriation. Provided further, that any approved obligations which were created by Prison Commission for the purposes provided by this section shall be liquidated from funds received from the appropriation provided in this section. Payments specified.

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(b) For the operating cost of State Prisons and Farms in addition to item (a) Allocation fixed by law Section 2. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 16, 1938. PUBLIC WELFAREAMENDING ACT. No. 70. An Act to amend an Act approved March 30, 1937 (Georgia Laws, 1937, pages 54-72), being the general appropriations Act for two years ending June 30, 1939, to specifically amend section 22(b) of said Act so as to authorize the State Department of Public Welfare to expend a part of said appropriation provided for in section 22(b) for the purpose of paying the administrative operating expense of operating county departments of public welfare, and for the purpose of matching Federal funds for a crippled children's program, and for otherwise defining the purpose for which said appropriation may hereafter be used; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, as follows:

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Section 1. That section 22(b) of an Act of the 1937 General Assembly approved March 30, 1937 (Georgia Laws, 1937, pages 54-72), being the general appropriations Act for two years ending June 30, 1939, be and the same is hereby amended as follows: By adding after the provision, For other pensions provided by law, the following language: And for paying county administrative expenses not to exceed ten per cent. of total pensions paid, and for matching Federal funds for old-age assistance, aid to dependent children, aid to the needy blind, and for a crippled children's program as is provided for by law. So that said section 22(b) as amended will read as follows: County administrative expenses. (b) For other pensions provided by law, and for paying county administrative expenses not to exceed ten per cent. of total pensions paid and for matching Federal funds for old-age assistance, aid to dependent children, aid to the needy blind, and for a crippled children's program as is provided for by law, $3,150,000.00. Pensions. Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved December 24, 1937. PUBLIC WELFARE DEPARTMENT ALLOCATION. No. 351. An Act to amend the general appropriations Act for the two years ending June 30, 1939 (Georgia Laws 1937, pp. 54-72), by adding a new section after section 28, numbered 28-A, exempting the revenue derived from the chain-store tax Act of 1937 from the provisions of section 28, which section suspends allocated revenues where fixed sum appropriations are made; and for other purposes.

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Be it enacted by the General Assembly of the State of Georgia: Section 1. That the general appropriations Act for the two years ending June 30, 1939, as published in Georgia Laws 1937, pp. 54-72, be amended by adding after section 28 a new section to be numbered 28-A as follows: Section 28-A. Provided, however, that none of the revenues derived from the operation of the chain-store tax Act (Georgia Laws 1937, pp. 75-83), and allocated and/or appropriated to the State Department of Public Welfare, or its successors, shall be affected by section 28. All of the revenues derived from said Act and allocated and/or appropriated to said department shall be construed to be in addition to any fixed sum appropriation made to said department, or its successor, and such revenues shall be appropriated for use only for the purposes set out in said chain-store tax Act. Chain-store tax allocation not affected. Section 2. The purpose of this amendment is to exempt the appropriations and/or allocations made to the State Department of Public Welfare or its successor, from the provisions of section 28 relating to the suspension of allocations in cases where fixed sum appropriations are made, and/or the treating of such allocations as included within, and not in addition to, the fixed sum appropriation, in so far as said section 28 relates, or prior to this amendment is construed to relate, to the allocations and fixed sum appropriations made to the State Department of Public Welfare, or its successor, from revenues derived from the chain-store tax Act of 1937. Section 3. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 12, 1938.

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STABILIZATION FUND. No. 44. An Act to provide for the creation of a stabilization fund; to provide that ten per cent. of all sums paid in the State Treasury under existing or future laws, commencing with funds paid beginning January 1, 1938, shall be placed in such stabilization fund; to provide that any excess of any allocated fund for any year over and above the approved budget requirements for said year for which such fund was allocated shall be paid into said stabilization fund; to provide that said stabilization fund shall be used by the Governor to pay any appropriation made by law where said stabilization fund may be needed for such purposes; to provide that nothing in this Act shall in any manner change or affect the distribution of the one cent of the motor-fuel tax to the counties, nor the one cent motor-fuel tax to the school equalization fund; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. There is hereby created in the Treasury of the State of Georgia a fund which shall be known as the stabilization fund. The Treasurer of the State of Georgia shall set up in said fund ten per cent. (10%) of the collections from all sources whatsoever of any funds now or hereafter collected or received by the State of Georgia, or any agency thereof, and paid into the State Treasury, commencing with ten per cent. of all funds collected or received beginning January 1, 1938. The Treasurer shall also set up in said fund any excess of any allocated fund set aside to any department, board, bureau, or agency of the State of Georgia, in any year over, and above the approved budget requirements for which such fund was allocated for said year commencing with January 1, 1938. The amounts

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required by this Act to be so set up in the State Treasury shall constitute the stabilization fund, and shall be disposed of in accordance with this Act, and not otherwise. Treasurer to set up fund from specified sources. Section 1-A. Provided, however, that nothing in this Act shall in any manner change or affect the distribution of the.01 (one cent) of the motor-fuel tax to the counties, nor of the.01 (one cent) motor-fuel tax to the school equalization fund, nor shall these funds be tithed. It being the intention of this legislative body to especially exempt said funds and the distribution of said funds from the stabilization fund. Motor-fuel tax. Section 2. The Governor of this State shall be authorized to use the said stabilization fund, or any part thereof, for the purpose of paying any appropriation or appropriations made by the General Assembly of Georgia where funds are not otherwise available to pay in full such appropriation or appropriations, whether such appropriation or appropriations are required by law to be paid from the State Treasury with allocated funds, or otherwise. In the use of the stabilization fund for the purposes named in this Act, the Governor shall not be required to prorate the said fund among unpaid appropriations, but he shall be authorized to use the same for such unpaid appropriations as he may determine; provided that no part of such fund shall be used except to pay any unpaid appropriation made by law. Said stabilization fund derived from allocated funds in any year remaining after carrying out the purposes provided in this Act shall be returned to the allocated funds from which derived, and the return to such allocated funds which have contributed to create the stabilization fund herein named shall be in the proportion which said allocated funds have contributed to the creation of the stabilization fund provided herein. Provided, that any part of said stabilization fund derived from sources other than allocated funds remaining

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on hand at the end of any year shall revert to the General Treasury. January 1st each year shall be considered the distribution date of said fund remaining on hand. Authority to use fund. Proviso. Section 3. Be it further enacted, that in the administration of this Act nothing shall be done which will imperil the receipt and use of Federal highway funds. Federal funds. Section 4. Be it further enacted, that this Act shall become effective January 1, 1938. Section 5. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Section 6. If any provisions of this Act, or the application thereof, to any funds of a State Agency, is held invalid, the remainder of the Act, and the application of each provision to funds of other State Agencies, shall not be affected thereby. Saving clause. Section 7. This Act and all provisions hereof and all rights granted hereunder shall expire on January 1, 1940. Approved December 21, 1937. WESTERN ATLANTIC RENTAL DISCOUNT. No. 408. An Act to authorize and empower the Governor to assign and set apart the rentals of the Western Atlantic Railroad for a period of six years for a special treasury fund; to authorize and empower the Governor to draw warrants against said special funds, and to authorize the Governor, the State Treasurer, and State Auditor to discount and/or sell said warrants; to provide the manner of selling such warrants; to allocate and appropriate the proceeds from such sale; and for other purposes.

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Be it enacted by the General Assembly of the State of Georgia: Section 1. That the Governor of the State is hereby authorized and empowered to immediately assign and set apart the rental arising from the existing lease of the Western Atlantic Railroad for a period of six years, beginning January 1, 1944, as a special treasury fund to be used exclusively for the purpose of paying warrants drawn against the same as hereinafter provided. Six-year assignment. Section 2. Be it further enacted, that the Governor is hereby authorized and empowered to draw a warrant or warrants against the special fund created by section 1 of this Act, so held as a special fund in the treasury, and the Governor, State Treasurer, and State Auditor are authorized and directed to advertise for bids in such manner as is by them deemed best, and to discount and sell said warrant or warrants for cash to the highest bidder. Provided, that they shall not sell said warrants at a discount greater than three and one-half per cent. (31/2%). Said warrant or warrants shall be duly counter-signed by the Comptroller-General. Provided further that the State may enter into an agreement for sale or discount, and may sell or discount said warrant or warrants to the Reconstruction Finance Corporation. Special fund. Bids. Discount. Section 3. The Governor is hereby authorized, empowered, and directed to place in the State Treasury as a special appropriation and allocated fund the entire proceeds arising from the sale of said warrant or warrants described in section 2 hereof, and said funds so arising are hereby appropriated as follows: Allocation. Fifty per cent. (50%) of said funds is hereby appropriated as follows: Thirty-seven per cent. (37%) to the State Welfare Department, to be used in the construction and repairing of buildings and purchase of equipment necessary and needed at and by the various eleemosynary

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institutions of this State; and three per cent. (3%) to the Department of Education to be used for building and repairs at the School for the Deaf at Cave Spring; and ten per cent. (10%) to State Board of Health for buildings and repairs at Alto Tuberculosis Hospital. The other fity per cent. (50%) of said fund is hereby appropriated to the several counties of the State, to be distributed to said counties on the following basis: Each county of the State shall receive one 159th part of the funds so appropriated to the counties. All funds herein provided for and distributed to each county shall be applied toward and used solely for the payment of the expenses of the operation of the courts, or for educational purposes. The intent of this amendment to allow the county commissioner, or fiscal authority of each county to use said funds for the courts of said county, or the schools, or both, as the needs may be, in the discretion of the fiscal authority of each county. Welfare. Education. Health. Counties. Section 4. Be it further enacted, that said warrants when so discounted shall constitute collaterals required as security by the State both for deposits and bonds, and the banks of the State are authorized to accept same in the same manner and to the same extent for such purposes as any other bonds and securities are accepted. Collateral security. Section 5. Be it further provided, that the ten per cent. (10%) authorized in the Stabilization Act shall not in any manner apply to the funds arising from this Act, it being the purpose that all of the funds provided herein shall be wholly used for the purposes herein set out in the proportion provided. Stabilization fund not applied. Section 6. It is the legislative intent in enacting this bill to enact each clause, paragraph, and section of same independent of the validity or legality of any and all other clauses, paragraphs, and sections, in order that if any part of said Act should be held by the courts to be invalid, such holding will in no wise invalidate other

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portions of same; it being hereby expressly declared that the legislative intent will be preserved by retaining the valid portions of this Act if and after the invalid portions, if any, shall have been rendered void by the judgment of any court. Construction of Act. Invalid parts. Section 7. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 16, 1938.

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TITLE III. TAXATION. ACTS. Administration of Taxing Laws. Alcoholic LiquorsRegulation and Tax. Allocation of Chain-Store Tax. Cigar and Cigarette Taxes. County Agents, Levy Tax. Homestead Exemption from Taxes. Income-Tax Amendments. Income-Tax Deduction. IntangiblesClassification. Intangible-Tax ReturnsAmending Act. Malt BeveragesAmount of Tax. Malt BeveragesCrown-Tax Rate. Personal Property Tax Exemption. Rolling-Store Motor VehiclesMaintenance Tax. Stamp Taxes, Purchase of. Taxpayers' NamesAlphabetical List. WinesRegulation and Tax. ADMINISTRATION OF TAXING LAWS. No. 296. An Act to make comprehensive provision for an integrated tax administration for Georgia; to create the Department of Revenue and the office of State Revenue Commissioner; to confer upon such commissioner all the powers and duties formerly vested in the State Revenue Commission and in the Comptroller General in relation to petroleum inspection, licenses and taxation; to abolish the State Revenue Commission; to continue the Comptroller General as Insurance Commissioner, Comptroller of Withdrawals, to provide for the appointment, term of office, salary, oath, bond, authority,

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duties and removal of the State Revenue Commissioner; to provide for the organization and operation of the department; to create the State Board of Tax Appeals; to provide for review by the Board of the assessments and equalization orders of the Commissioner; to make appropriation for the Department and the Board; to provide for appeal to the Board from the Superior Courts; to enforce tax liability to other states which reciprocate; to repeal Code Sections 92-4507-9, 92-6001-7, 92-7004-6, Chapters 92-60, 92-61, and 92-68 and laws in conflict with this Act; to provide for the administration of and the enforcement of the tax laws; and for other purposes. Chapter IDefinitions. Section 1. Definitions: The following terms shall be construed, for purposes of this Act, as having the meaning hereinafter set out; The word department as used herein shall mean the Department of Revenue, headed by the State Revenue Commissioner, which officer is created by the terms of this Act. Words defined. The words, revenue commissioner or commissioner shall mean the State Revenue Commissioner, who is by the terms of this Act made head of the Department of Revenue. The word, taxpayer shall mean any person, firm or corporation made liable by law to file a return or pay tax. The word, assessor shall mean the County Tax Receiver or County Tax Commissioner. In respect of appeals from action of the State Revenue Commissioner, the term shall also be deemed to include the County Board of Tax Assessors. The word, collector shall mean the County Tax Collector unless another meaning is clearly implied by the context.

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The word, person means an individual, a fiduciary, a partnership, an association or a corporation, including any public official or a public or municipal corporation. The word, individual means a natural person. 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 other person. The word, agency shall mean any department, commission, institution, office, or officer of the State of Georgia. The word, board shall mean the State Board of Tax Appeals as herein constituted, or may from time to time be legally constituted. Chapter IIDepartment of Revenue, State Revenue Commissioner. Section 2. Creation of Department and Office. Salary, bond, oath. The office of State Revenue Commissioner and the Department of Revenue are hereby created. The Commissioner is hereby made head of the Department of Revenue. The Commissioner shall be appointed by the Governor with the consent of the Senate for a term of six years, provided, however, the first term beginning at the time of appointment and running to January 1, 1944. The Commissioner shall receive a salary of forty-eight hundred dollars ($4800.00) annually, payable monthly. Before entering upon the performance of his duties he shall execute and file an official surety bond, approved as to form and sufficiency by the Attorney General and amounting to seventy thousand dollars ($70,000), the premium on which shall be paid by the State. The Commissioner shall be required to take and subscribe before the Governor an oath to discharge faithfully and impartially the duties of his office, which oath shall be in addition to that required of all civil officers. Office. Commissioner. Salary.

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Section 3. Vacancies, Removal. If a vacancy shall occur in the office of the State Revenue Commissioner otherwise than by expiration of term, it shall be filled by appointment by the Governor for the unexpired term subject to the approval of the Senate. Whenever the Governor shall have trustworthy information that the Commissioner is insane, or has absconded or concealed himself, or grossly neglects his duties, 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, the 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 Commissioner 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. Vacancy in office. Causes for suspension. Section 3a. Provided, however, that no member of the General Assembly shall be eligible to be appointed to the position of Revenue Commissioner, nor to any other position in the State Tax Department until the term of office as such member of the General Assembly has expired, and no person other than a bona fide resident of the State of Georgia for more than ten years shall ever be eligible to appointment as State Revenue Commissioner. Eligibility. Section 4. Powers and Duties, in General. The State Revenue Commissioner is hereby vested with all the power and authority and hereby required to perform all the duties formerly vested in the State Revenue Commission, and is hereby vested with all the power and authority and required to perform all the duties relating to matters of Petroleum Inspection, taxation, and licenses heretofore vested in the Comptroller General (except licenses to insurance

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companies and their agents) and he is also vested with all the power and authority and required to perform all the duties relating to taxation and licenses heretofore vested in any State administrative officer or State Department, but the powers and authorities by this section vested in the State Revenue Commissioner shall be the powers and authority of said officers as modified, limited and enlarged by this Act. Powers and duties. Section 5. Enumeration of Duties. In addition to other duties assigned by law to the commissioner, but without limitation of the same, it is hereby specifically provided that he shall; (a) direct that appropriate legal action be taken to enforce the revenue laws of Georgia; (b) request the Attorney General to Command the services of County Attorney or Solicitor General or to supply legal assistance from the Department of Law; (c) supervise all tax administration throughout the State subject, however, to the sovereign rights of the counties to regulate their own affairs; (d) make thorough study of taxation in Georgia and elsewhere with a view to improvement of administration and legislation affecting the people of Georgia; (e) make an annual report to the Governor and a biennial report to each regular session of the General Assembly; (f) publish such regulations, statistics, and other reports as he may deem wise within the limitations of his appropriation; (g) assist local tax officials in every feasible manner when so requested by such officials; and (h) as responsible revenue official of the State, advise the Governor on all matters relating to revenue. Special duties. Section 5a. The Revenue Commissioner shall be bound by the same laws regulating the approval of County Tax Digest as are now in force with reference to the approval of same by the Comptroller General. Tax digest. Section 6. Power to Administer Oaths, Examine Evidence. In the performance of his duties the Commissioner or any agent designated by him in writing shall have

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the power to administer oaths, to conduct hearings, to examine witnesses under oath, and subject to the rights of the taxpayer as to rights of privacy guaranteed to him by the Constitution and laws of the State to examine the books, records, inventories or business of any taxpayer or of any fiduciary, bailee, or other person having knowledge of the tax liability of any taxpayer, provided, however, this power shall be exercised with due regards to the rights of the citizen and subject to the approval of the courts of equity of this State when invoked. The Commissioner, incident to the duties in relation to local tax officials heretofore performed by the Comptroller General and, along with all other duties of the Comptroller General in relation to taxation, hereby vested in the Commissioner, shall investigate settlements by collectors and take appropriate action to collect any revenue due the State which shall not have been collected or having been collected, shall not have been paid to the Commissioner. No official or person shall have authority to employ or commission any person, firm or corporation to collect any of such taxes on a Commission basis. Evidence. Section 7. Power to Make Regulations and Forms. Consistent with the terms of this Act and of the various tax laws and general laws of Georgia, the Commissioner is hereby authorized and directed to prescribe forms and to promulgate and enforce such reasonable rules and regulations as he deems appropriate in order effectively to enforce the revenue laws of this State. Regulations. Section 8. Tax Suits, Assistant Attorney General. The Revenue Commissioner is hereby authorized and empowered, subject to the provisions of law in such cases provided, to act in the name, and in behalf, of the State of Georgia to institute any suit, action or judicial proceeding to collect delinquent State taxes; to cause property not listed to be assessed; to cause by mandamus the performance of any act required by law incident to administration

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of any state revenue, or to collect any claim or obligation of any person, including any public official, which may be due to the State. He is hereby authorized to act as relator in any and all such suits, actions or judicial proceedings. To enable the Commissioner to perform the duties required by this section, the Governor is hereby authorized and empowered to direct that an Assistant Attorney General be attached to the Department of Revenue, such Assistant Attorney General to be one of the five Assistant Attorney Generals provided by the present law, and in no event shall the Commissioner be authorized to employ any other attorneys to enforce any of the provisions of this Act, but at times and in all matters procure the services of the Attorney General and his assistants, except County Attorneys or Solicitor General may be employed as provided by this Act. The salary of such Assistant Attorney General, his law clerks and clerical assistants, shall be paid from the appropriation made for expenses of the Department of Revenue, and such Assistant Attorney General shall be under the technical jurisdiction of the Department of Law with respect to matters of legal principle. Before any suit, action or other judicial proceeding for the enforcement of this Act or collection of State Taxes shall be initiated, by any Counsel other than a duly appointed Assistant Attorney General or the Attorney General himself, it shall be the duty of counsel (whether counsel shall be a County Attorney or Solicitor General or other person) to file with the Commissioner a copy of the petition or other pleading together with a sworn statement of the facts on which the petition or other pleading is based; and no such suit, action or other judicial proceeding shall be instituted until the same shall have been approved and authorized by the Revenue Commissioner. Legal actions. Attorney General. Salaries. Section 9. Compromise Settlements of Suits. No suit, action or other judicial proceeding for the enforcement of this Act or for the collection of State Taxes shall be

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settled except by agreement, compromise, or judgment in open court; and no compromise or agreed judgment shall be entered in any such suit, action or other judicial proceeding until there has been filed with the Commissioner a verified statement setting forth the facts and showing the reasons why a compromise or agreed judgment should be entered, and certifying that no agreement or settlement other than the one stated in the proposed judgment has been directly or indirectly entered into by him or by any one for him, and that the said proposed settlement is in the opinion of the attorney for the best interest of the State. Compromise and settlement. Section 10. Delegation of Certain Duties. To the extent license fees may be collected in connection with regulatory activities of some department of the State Government other than the Department of Revenue more economically than by the said Department because the fees are incidental to regulatory activities, the State Revenue Commissioner is hereby authorized by executive order approved by the Governor to commit the administration of said license fees to the State official responsible for administering said regulatory activities; provided, however, that no such commitment shall extend beyond the term of office of the Commissioner or of the office to whom the administration of such fees be committed by the Revenue Commissioner. Provided, further that no other Department of the State Government may employ any person or persons to collect any fees, licenses or taxes or to inspect for the purpose of collecting such fees, licenses, and taxes except where the authority to collect said licenses, fees, or taxes has been expressly delegated to said Department by the Commission under the terms of this section. In any case in which the collection of any tax or license may be delegated as provided in this section the Commissioner shall retain supervisory authority over such activity and is hereby charged with this duty. In any case in which the Commissioner finds that

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such delegation should be revoked, modified or transferred to another department or other department, the said Commissioner is hereby authorized by executive order approved by the Governor, to make such revocation, modification or transfer. The provisions of this Act shall, in no wise, affect the collection and administration of those regulatory, professional, vocational Bodies or Boards operated under a Joint Secretary as now provided by law, and other regulatory bodies similar to the Securities Commission where a major portion of the licenses are collected by mail. Duties. Delegation. Section 11. Authority to Employ and Discharge Personnel.The State Revenue Commissioner is hereby authorized to employ and discharge and fix the compensation of such personnel for office and field staff within the limitations of the appropriation as he may deem proper. The Commissioner is hereby authorized to organize his Department, assign his employees, and discharge the responsibilities incident to administration of the State Tax System in such manner as he may deem proper. Provided, however, all employees engaged directly or indirectly in the assessment, investigation or collection of tax under this Act shall be employed upon a fixed salary basis and not upon a commission or contingent fee basis. Provided, however, any salary in excess of $300. 00 per month, shall be subject to the approval of the Governor. Organization, employment, etc. Section 12. Secrecy Provision. The information secured by the Commissioner incident to the administration of any tax shall be confidential and privileged and neither the Commissioner nor any member or members of his staff shall divulge or disclose any such confidential information obtained from the department's records or from an examination of the business of any taxpayer to any person other than the Commissioner or members of his staff, or to an officer of the State or local government entitled in his official capacity to have access thereto; or

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to the taxpayer; provided that the Revenue Commissioner may furnish such confidential information to the appropriate tax or legal official of another state, territory or country or of the United States Government if the office or officer of said state, territory, or country makes its own records available to the Revenue Commissioner of Georgia; provided, further, that furnishing such information to any other state, territory, country or the Federal Government shall not be deemed to change the confidential character of such information; and provided, further, that nothing herein contained shall be construed to prevent the use of confidential information as evidence before any state or federal court in the event of litigation involving tax liability of any taxpayer. It is specifically provided, moreover, that the provisions of this Act respecting secrecy shall not be deemed to prevent the publication of statistics so arranged as not to reveal information respecting an individual taxpayer; and shall not apply in any sense whatsoever to any official finding of the Revenue Commissioner as respects any assessment or any information properly entered upon an assessment roll or other public record. Nor shall the provisions hereof affect any information which, in the regular course of business, is by law made the subject matter of a public document in any federal or state office or in any local office in Georgia. Secrecy. Confidential information. Section 13. Transfer of Functions, Property, Personnel, and Appropriations. (a) In General. In any case in which functions heretofore vested in any agency are by this Act transferred to the Department of Revenue, the said Department shall be in every way the successor with respect to such functions and to every act done in the exercise of such functions by or under the authority of such agency. In every instance in which such agency is referred to, or designated in, any law, contract, or document, such reference or designation

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shall be deemed to refer to the Department of Revenue as fully as though written into each such law, contract, or document. Functions. (b) Property and Records. On the effective date of this Act all books, papers, records, files, property and pending business theretofore made, used, acquired or conducted by the Revenue Commission, the Comptroller General, or any other agency from which functions are by this Act transferred to the Department of Revenue shall be transferred to, and are hereby vested in, the said Department of Revenue. Transfer of records. etc. (c) Employees. All employees whose functions are by this Act transferred from an existing agency and vested in the Department of Revenue shall be transferred with their functions to the said Department; and said employees shall, so far as practicable and consistent with administrative policy, continue to perform their usual duties until otherwise directed by the Commissioner. Nothing in this paragraph, however, shall be deemed to require the retention of any employees or positions or the continuation of any duties, titles, or compensation which may be found to be uneconomical. Transfer of employees. (d) Appropriations. The remainder of the appropriations heretofore made to the State Revenue Commission for the administration of the Malt Beverage Act, for the operating cost to administer any other revenue act for which there is an allocation provided by law, for refunds of overpayment of income tax as provided by law and for all other operating cost of the Commission, is hereby transferred to the State Revenue Commissioner and made available for expenditure in his discretion for the purposes for which he is made responsible under the terms of this Act. The remainder of the appropriations made to the Comptroller General for the operating cost to administer the Motor Carriers Tax Act, for the operating cost to administer the Motor Fuel Tax Act, and that

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part of the appropriation for the operating cost of all other activities of the department which was made for tax administration or supervision purposes (not including the appropriation for the administration of the fire inspection law which appropriation shall not be affected by this Act) is hereby transferred to the Commissioner and made available for expenditure in his discretion for the purposes for which he is made responsible under the terms of this Act. Provided, however, that the total of all such expenditures by said Department for all purposes shall not exceed one (1%) per cent. of the total anticipated revenue for the State for each fiscal year as estimated by the Budget Bureau. Transfer of appropriations. Exception. (e) Budget Bureau to Decide. In the event there is found to be uncertainty with respect to the functions, records, and property, employees or appropriations, transferred by the terms of this Act, it shall be the duty of the Budget Bureau to determine all such issues. Budget. Section 14. Appropriations. Hereafter the General Assembly shall make an appropriation in the General Appropriations Bill for the expense of the Commissioner and his staff. The Commissioner shall make requisition on the Governor accompanied by a detailed statement covering salaries and expenses for each quarter, and the Governor on approval of such requisition shall issue his warrant against said appropriations for the amounts so approved. Appropriations for expenses and salaries. Section 15. State Revenue Commission Abolished. The State Revenue Commission is hereby abolished, effective upon the approval of this Act. Commission abolished. Section 16. Certain Duties Retained by Comptroller General. Nothing contained in this Act shall be deemed to affect or impair the powers and duties of the Comptroller General with respect to controlling of withdrawals

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from the treasury, service as insurance Commissioner, or otherwise, in so far as the same do not concern taxation or licenses (other than licenses to insurance companies and their Agents). Comptroller General's duties. Section 17. Repeal of Certain Code Sections. Sections 92-4507-92-4509, inclusive, of the Georgia Code of 1933, limiting the number of deputy commissioners to be appointed and their salaries, are hereby repealed. Code repealed. Chapter IIIBoard of Tax Appeals. Section 18. Membership, Chairman, Term, Salary, and Oath. There is hereby created a State Board of Tax Appeals of three members, consisting of the Comptroller General, State Auditor and the State Treasurer, ex-officio. Each member shall serve without additional compensation. The Board shall elect a chairman. Before assuming their duties, each shall be required to take and subscribe before the governor an oath to discharge faithfully and impartially the duties of his office, which oath shall be in addition to the oath required of all civil officers. Tax Appeals Board. Section 19. Review of Individual Assessments, Costs. The function of the Board of Tax Appeals shall be to review the assessments made by the State Revenue Commissioner when by such assessment, after hearing by the Commissioner or his regularly authorized employee or agent, any taxpayer may be aggrieved and petition for said review. The manner of securing and conducting the review shall be as hereinafter set out, but no request to review the Commissioner's assessment shall in any event be granted unless objection has first been filed with the State Revenue Commissioner. Assessments reviewable. Section 20. Review of Commissioner's Equalization. The Board of Tax Appeals is also hereby required, on petition of any chairman of a County Board of Assessors who is dissatisfied with the changes and corrections in the

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county assessment ordered to be made by the State Commissioner in equalizing its taxable valuation, to review the action of the said Commissioner if the said assessor within ten days from receipt of the notice of the Commissioner's action shall request it in writing. The review shall be in all respects identical with the review provided for an aggrieved taxpayer except that no assessment of costs shall be necessary, and except that the application for review must be filed within the time hereinabove specified and the hearing fixed shall be within twenty days thereafter. If the decision of the Board shall be made and notice thereof conveyed to the County Tax Assessor, it shall be the duty of the said assessor immediately to review and correct the county valuations in the manner required by law. Review by board. Section 21. Power to make Rules of Procedure. By general orders not inconsistent with this Act and the laws of the State the Board shall promulgate rules governing its proceedings. Subject to such orders, any person may appear and practice before the Board in his own case or in a case involving his immediate family, or for a corporation of which he is an officer or regular employee, or an estate of which he is a fiduciary; but no persons other than members of the bar shall appear and practice before the Board in behalf of others. Rules of board. Section 22. Power to Employ Assistants, Incur Expenses. The Board is hereby authorized to employ a secretary and such other personnel as may be required, and to incur such other expenses, within the limits of its appropriation, as in its discretion may be necessary to give effect to the provisions of this Act. Assistants and expenses. Section 23. Appropriation. There is hereby set aside from the funds appropriated for tax administration an amount (to be specified by the Governor) sufficient to pay the necessary expenses for operating the Board of Tax Appeals for the fiscal years ending June 30, 1938 and June 30, 1939. Fund allocated.

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Section 24. Repeal of Certain Code Sections. The following provisions of Title 92 (Public Revenue) of the Georgia Code of 1933 are hereby repealed. Sections 92-6001-92-6007, inclusive, relating to arbitration of assessments or correction of returns made by the Comptroller General, and 92-7004-92-7006, inclusive, relating to arbitration of State Revenue Commission's equalization of County assessments. Code repealed. Chapter IVAdministrative Provisions. Section 25. In General. The State Revenue Commissioner is hereby charged with the administration and supervision of all tax laws of the State. He shall prepare the forms he deems necessary and shall make such reasonable rules and regulations as he finds desirable to enforce the provisions thereof. The Commissioner or his agents authorized in writing so to do may examine any books, papers, records, or other data (including information in the hands of third parties) bearing upon the correctness of any return or for the purpose of making a return where none has been made as required by law. Administration of tax laws. Section 26. Remittances Required with Returns. Wherever any returns, report or other information is filed with the Commissioner by any taxpayer and any tax other than income or ad valorem is shown on such report or return as due by the taxpayer, or on the basis of such return or report any tax or license other than income or ad valorem may be, or become, due by the said taxpayer following assessment or other act by the Commissioner, the taxpayer shall make a remittance for the amount shown as due on such report or return, or estimated by the taxpayer to be due thereon, to the said Commissioner at the time the return is filed, notwithstanding that the said Commissioner is required under this Act to determine and fix the amount of tax or license. Amounts so paid by taxpayers shall be accepted by the Commissioner and paid

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into the State Treasury and the account of the taxpayer credited therewith subject to final determination of the tax or license. Acceptance of the remittance required hereunder shall not be deemed to imply as assessment of said property or fixing of any license fee but the Commissioner shall, as soon as practicable, make such an assessment or fix such license fee and if the tax be found to be different from the amount paid, shall demand payment of the remainder or shall certify a refund to be made in the manner provided by law from any of the funds in the State Treasury, not otherwise appropriated, of any over-payment which has been made. Payment with return. Section 27. Extensions of Time for Returns. The Commissioner may grant a reasonable extension of time for filing returns required under State tax laws on written request therefor whenever in his judgment a good cause for such extension exists. The Commissioner shall keep a record of every extension granted and the reason therefor. No such extension or extensions except as otherwise expressly provided by law shall aggregate more than six months nor shall any such extension operate to delay the payment of a tax unless a bond satisfactory to the Commissioner be posted. In no event shall the Commissioner extend the time of filing returns required to be filed with the assessors. Time extension for returns. Section 28. Date Taxes Are Due. Except as expressly provided by law to the contrary, all State taxes and licenses shall be due and payable with the return on or before thirty (30) days after notice, as the case may be except ad valorem and income taxes; and when the collection of any such tax is deferred under any sections of this Act, interest at the rate of one-half of one per cent. (0.5%) per month shall be collected thereon from the due date until the date of payment, unless a higher or different rate of interest or penalty is now fixed by law. Due date of taxes.

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Section 29. Notice of Assessment. In all cases in which the Commissioner is required by law to provide an opportunity for protest the license fee shall become final if no written protest is filed by the taxpayer with the said Commissioner within thirty (30) days of the date of such notice. For the purpose of this section said notice shall be deemed to have been given if written notice is deposited in the mails registered and addressed to the taxpayer at the last known address of such taxpayer. If no such record is on file said notice shall be by personal service. Notice. Section 30. Protests. Any taxpayer may contest any additional assessment or license made or determined by the Commissioner by filing with the said Commissioner a written protest at any time within thirty (30) days from the date of notice of the assessment or license. All protests shall be prepared in such form and contain such information as the Commissioner shall reasonably require and shall include in any case a summary statement of the grounds upon which the taxpayer relies and his reasons for disputing the finding of the Commissioner. In the event the taxpayer desires a conference or hearing, such fact must be set out in the protest. The Commissioner shall grant such a conference before his officers or agents as he may designate, at a time he shall specify, and shall make such reasonable rules governing the conduct of conferences as he may deem meet and proper. The discretion herein given to the Commissioner shall be reasonably exercised on all occasions. Contest. Section 31. Final Assessments. In all cases in which protests are filed by taxpayers, as provided by law, the Commissioner shall consider the information contained in such protests and information submitted by taxpayers in conferences or hearing before the said Commissioner, his officers or agents, and shall proceed to make final assessment or to fix a final license fee and notify the taxpayer of the amount thereof, subject to the right of appeal as provided in this Act. Finality and notice.

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Section 32. Additional Assessments. If the Commissioner shall ascertain that the return of any taxpayer contains mistaken, false, or fraudulent statements or that it contains statements or omissions of data otherwise incorrect or misleading and that as a result thereof improper or inadequate assessments of taxes have been made, the said Commissioner may determine and fix the amount of such taxes due by such taxpayers and shall proceed to collect the State tax due thereon. In any case in which property assessments are made by the Commissioner under the law for purposes of local taxation, the said Commissioner shall certify amounts of any property omitted from previous assessments to the proper local tax authorities for tax in the local tax districts. All taxes collected under this section shall bear interest at the rate of one-half of one per cent.(0.5%) per month, unless otherwise provided by law, from the date that the Commissioner shall by written notice to the taxpayer advise him of the amount thereof, until paid. Said interest to be assessed and collected as a part of the tax. Mistake, fraud, etc. Interest. Section 33. Limitation Upon Reopening Cases. No assessment shall be reopened under Section 32 of this Act in the absence of fraud, except within two years from the last date upon which the return could be filed by the taxpayer under the law without delinquency. In any case in which any report, return, or other information contains fraudulent statements or omissions of material facts, the effect of which makes such taxpayer's report a fraudulent representation of the items or things required thereunder, the Commissioner may reopen the case and make additional assessments of taxes or licenses at any time, within seven years of said return. Limitation. Section 34. Refunds. (a) Appropriation. There is hereby appropriated from the proceeds of every tax and license imposed by law a sum sufficient to refund to taxpayers any and all such

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taxes which may be determined to have been erroneously or illegally assessed and collected from such taxpayers under the laws of Georgia, whether paid voluntarily or involuntarily. Such refunds shall be drawn from the treasury on warrants of the Governor issued upon itemized requisition showing in each instance the person to whom the refund is to be made, the amount thereof and the reason therefor. Refund appropriation. (b) Procedure for Granting. In any case in which it shall be determined that an erroneous or illegal collection of tax or license has been made by the Commissioner, the taxpayer from whom such tax or license was collected may file a claim for refund with the said Commissioner in writing and in such form and containing such information as the Commissioner may require, to include a summary statement of the grounds upon which the taxpayer relies. In the event the taxpayer desires a conference or hearing before the Commissioner in connection with any claim for refund, he shall so specify in writing in the claim, and if the claim conforms with the requirements of this section the said Commissioner shall grant such a conference at a time he shall specify. The Commissioner shall consider information contained in taxpayer's claims for refund and such other information as may be available and shall approve or disapprove the taxpayer's claim and notify such taxpayer of his action. In the event any claim for refund is approved, the Commissioner shall forthwith proceed under subsection (a) of this section to give effect to the terms thereof. Provided, further, that the taxpayer whose claim for refund is denied by the Commissioner under the terms of this Act, shall have the right to sue for refund in the Superior Court of the County in which said taxpayer would have a right to appeal from a judgment by the Board of Tax Appeals, as in this Act, provided. Claim for refund. Suits. Section 35. Commissioner to Prepare Delinquent Returns. The Commissioner, in any case in which any return, report or other information is not filed or made available

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to the Commissioner as required by law may proceed to ascertain such information in any way which he considers proper or appropriate at the expense of the delinquent; and the said Commissioner is hereby authorized to prepare, execute and file such returns. Delinquent returns. Section 36. Superior Court to Compel Production of Evidence. If any individual, corporation, partnership or fiduciary, or any officer, agent, employee or member of a partnership required under the law to make any return, supply any information, exhibit any books or records when requested to do so by the Commissioner or any agent designated in writing by the Commissioner, whether with reference to his own returns or not, shall refuse to do so, the superior court for the county in which such person resides shall have jurisdiction by appropriate process to collect such testimony or cause the proper person to produce such books, papers, or other data. All of the laws of the State relative to the taking of depositions and interrogatories of non-residents as well as of residents of the State of Georgia shall be available to the Commissioner. Evidence. Section 37. Nature of Penalties. All penalties imposed by state statutes are hereby made a part of the tax to be collected as such. The proceeding to collect the original tax, the tax constituted from penalties imposed and the interest shall all be conducted in the same manner. It is hereby expressly provided that provision for criminal prosecution shall not in any event operate under the tax laws of the State to relieve any taxpayer of any tax, penalty or interest imposed by law. Penalties. Collection. Section 38. Penalty for Failure to file return or pay tax. In any instance in which any person shall wilfully fail to file a report, return or other information required by law; to pay the Commissioner any revenue held in trust for the State; he shall pay, in the absence of a specific statutory civil penalty for such failure, a penalty of ten per cent (10%) of the amount of revenue held in trust

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and not paid in at the time prescribed by law and interest on the principal amount at the rate of seven per cent (7%) per annum from the date the return or the revenue held in trust should have been remitted, until the same shall have been paid. In any instance in which any person fails to pay a tax when the same is due he shall pay, in the absence of a specific statutory civil penalty for such failure, interest on the principal amount at the rate of seven per cent (7%) per annum from the date the tax becomes delinquent, until the same is paid. Penalty for non-return. Section 39. Jeopardy Assessments. If the Commissioner finds that a taxpayer gives evidence of intention to remove from the State, or to remove his property therefrom, or to conceal himself or his property, or to discontinue business, or to do any other Act tending to prejudice or render wholly or partly ineffective proceedings to compute, assess or collect any State tax, whereby it becomes advisable that such proceeding be brought without delay, the Commissioner shall declare the taxable period for such taxpayer terminated forthwith, and shall give notice of such finding and demand immediate payment of such tax as may be due. The Commissioner may immediately make an arbitrary assessment and may proceed under such assessment to collect the tax or to require such taxpayer to file with him a bond satisfactory to the Commissioner as security for payment of any such tax. Removal of person or property. Arbitrary assessment. Section 40. Collection on Bonds. In the event any taxpayer shall fail to pay any tax due, the Commissioner shall notify such taxpayer and his surety or sureties by mailing a letter to their post office addresses last known to the said Commissioner; and, if after thirty (30) days of mailing such notice the amount due remains unpaid, the Commissioner shall proceed by suit to collect the amount due thereunder including the penalties, interest and cost. It shall not be necessary to make the defaulting taxpayer a party to any suit that may be brought against his surety or sureties. Sureties of taxpayer. Party to suit.

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Section 41. Taxes, Debts, Garnishment. All taxes are hereby made a personal debt of the person required hereunder to file the returns or to pay the taxes imposed hereby. The Commissioner may attach the property of a delinquent taxpayer on any ground provided by Code section 8-101 or on the ground that the taxpayer is liquidating his property in an effort to avoid payment of the tax. The Commissioner may use garnishment to collect the tax imposed by this Act. Garnishment may be issued by the Commissioner in the same manner as is provided for the issuance of garnishment by tax collectors in chapter 92-75 of the Code. Attachment and garnishment. Section 42. Liens for Taxes. Liens for taxes, whether ad valorem, specific, or occupation, due the State, any county thereof, or municipal corporation therein, shall cover the property of taxpayers liable to tax, from the time fixed by law for valuation of the same in each year until such taxes are paid, and the property of tax collectors and their sureties from the time of giving bond until all the taxes for which they are responsible shall be paid. Such liens for taxes are hereby declared superior to all other liens, and shall rank among themselves as follows: first, taxes due the State; second, taxes due counties of the State; third, taxes due school or other special tax districts of the State; fourth, taxes due to municipal corporations of the State. Provided, however, that the lien for taxes imposed by the provisions of the Motor-Fuel Tax Law, approved March 18, 1937, Georgia laws 1937, pages 167-207, inclusive, shall not have priority as against any bona fide mortgagee, holder or transferee of a deed to secure debt, pledgee, judgment creditor, or purchaser of or from persons liable for the tax imposed by said Act, where the rights of such mortgagee, holder or transferee of a deed to secure debt, pledgee, judgment creditor or purchaser shall have attached prior to the time notice of such lien shall have been filed by the State Revenue Commissioner in the office of the Superior Court of the County

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in which the principal place of business or in the County where the property of such person liable for payment of the Motor-Fuel Tax is located. Provided, however, that the lien for taxes shall not be changed by any provisions of this Act and shall be the same as existing prior to the passage of this Act. Liens. Priority. Section 43. Fraud. Any person who shall wilfully and with intent to defraud the State: (A) file any return, report, protest, or claim for refund containing any false or fraudulent statement, knowing the same to be false; (B) knowingly and intentionally omit to state any fact, circumstance, condition or thing in any written document, the omission of which constitutes a material misstatement or misrepresentation or fact; or (C) by any trick, device, scheme, or plan evade or attempt to evade any tax, license, penalty, interest or other amount due the State, shall be guilty of a misdemeanor and punished for such as provided by law. Fraud. Penalty. Section 44. Appeal from Commissioner's Findings. The Commissioner's assessments shall not be reviewed except by the procedure hereinafter provided; no trial court shall have jurisdiction of proceedings to question such assessments except as in this Act provided. If any taxpayer shall be aggrieved by any assessment which the Commissioner may make, he may within thirty (30) days from the date when the assessment is finally made and notice thereof given to the taxpayer file with the Board of Tax Appeals a petition for review. The request for review may be accompanied by a copy of the taxpayer's return as filed with the Commissioner and of any special accounting or other report thereon which the Commissioner may have made or required to be made. Both the Commissioner and the taxpayer shall have the right to introduce before the Board of Tax Appeals any evidence or data which said Board may rule to be pertinent or relevant, whether it was introduced originally before the Commissioner or

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not. The filing of any such petition shall not abate penalties for nonpayment unless such appeal is finally decided in favor of the taxpayer, nor shall it stay the right of the Commissioner to collect the tax which is admitted to be due, by any methods available to him under the law, unless the taxpayer shall furnish security of a kind and in amount satisfactory to the Commissioner. Where the Commissioner is required by law to certify to any county or municipal government of this State all or any part of an assessment or tax against any taxpayer, and the taxpayer disputes the correctness of said assessment or tax as determined by the Commissioner, the Commissioner is hereby directed to certify to said county and municipal government the value of the property of the taxpayer and/or the tax admitted by him in his return to be due, and after a final determination of the balance of said assessment or tax in dispute shall make a supplemental certification to said counties and municipal governments of the amount of the balance of said assessment or tax as may be finally determined. It shall be the duty of the taxpayer to pay, as required by law, any taxes that may be assessed by the State, county or municipal governments, both upon the original value as shown in his return as well as upon its supplemental value that may finally be determined as in this Act provided. Appeals. Review. Evidence. Penalties not abater. Certification. Payments due. Section 45. Review of Board's decisions. Jurisdiction of the Superior Courts. The findings by the Board of Tax Appeals shall not be final; but either party may appeal from any order, ruling, or finding of the said Board to the Superior Court of the county of the residence of the taxpayer unless the taxpayer be a railroad or other public service corporation or non-resident, in which event the appeal of either party shall be to the Superior Court of the County in which is located its principal place of doing business, or in which the chief or highest corporate officer, resident in the State, maintains his office. The appeal and necessary records shall be certified and transmitted

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by the Chairman of the Board and shall be filed with the Clerk of the Superior Court within thirty (30) days from the date of judgment by the Board. The procedure provided by law for applying for and granting appeal from the Court of Ordinary to the Superior Court shall apply as far as suitable to the appeal authorized herein, except that the appeal authorized herein may be filed within fifteen (15) days from the date of judgment by the Board. Jurisdiction on review. Before the Superior Court shall have jurisdiction to entertain such appeal filed by any aggrieved taxpayer, such taxpayer shall file with the Clerk of the Superior Court a writing whereby such taxpayer shall agree to pay on the date or dates the same shall become due all taxes for which such taxpayer has admitted liability and shall within thirty (30) days from the date of judgment by the Board file with the Clerk of the Superior Court, except where appellant owns real property in Georgia, the value of which is in excess of the amount of the tax in dispute, a bond in amount satisfactory to such Clerk or other security in amount satisfactory to such Clerk conditioned to pay any tax over and above that which the taxpayer has admitted liability for which shall be found to be due by a final judgment of court, together with interest and costs. It shall be ground for dismissal of the appeal if the taxpayer fails to pay all taxes admittedly owed upon the due date or dates as now or hereafter provided by law. Appeals restricted. If the final judgment of court places upon the taxpayer any tax liability which he has not already paid, he shall pay the same on the due date or dates now or hereafter fixed by law if the tax or any of same has not become due on the date of said final judgment of court. And if the tax or any of same has already become due at the time of final judgment of court, the taxpayer shall immediately pay the tax or so much thereof as has already become due, with interest, and shall pay the court costs, in the event

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the final judgment of court is adverse to the taxpayer, no matter whether the tax or any part of same has or has not become due at the time of said final judgment of court. Payments. Costs. Section 46. It is expressly provided, other provisions of this Act to the contrary notwithstanding, that no provision of this Act shall be construed so as to give to the Commissioner any power to make assessments for ad valorem taxation or to collect the same from any taxpayer, except in the case of railroads and other public service corporations, as now provided by law, nor to examine the books, records, inventories or business of any taxpayer for any purpose except for the purpose of determining liability for taxes collected directly by the Commissioner or assessed by the Comptroller General or the Revenue Commission under existing law, unless otherwise now provided by law. Assessments excluded. Section 47. Interstate Comity. The courts of this State shall recognize and enforce liabilities for taxation lawfully imposed by other states which extend like comity. Comity. Section 48. This Bill shall become effective on March 1, 1938. Effective date. Section 49. The Ways and Means Committee of the House of Representatives and the Finance Committee of the Senate shall hold joint meetings for the consideration of all revenue taxing measures when in regular or special session and the State Revenue Commissioner shall be an ex-officio member of each committee. Legislative committees. Section 50. Each and every provision and section of this Act is separately enacted; and should any provision or section of this Act be held invalid for any reason it is hereby declared the intent and purpose that the remaining valid provisions of this Act shall be of full force and effect. Invalid parts.

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Section 51. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved January 3, 1938. ALCOHOLIC LIQUOURSREGULATION AND TAX. No. 297. An Act to be known as the Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors; to provide for the taxation, legalization, control, manufacture, importation, distribution, sale and storage of alcoholic beverages and liquors, and to amend the present laws of Georgia in reference to same; to provide the method and manner of collecting said taxes; to authorize the Revenue Commissioner to make rules and regulations for the collecting of said taxes and for the legalizing and controlling of the manufacture, sale and distribution of alcoholic beverages and liquors; to provide that this Act may be placed in operation in any county by a local option referendum in said county; to authorize counties and municipalities to levy license fees upon manufacturers, dealers and distributors in alcoholic beverages and liquors and to exercise police powers in the regulation thereof; to provide a separability clause; to provide for the enforcement of this Act; to provide for repeal of laws in conflict herewith; to prohibit the manufacture, sale or shipment of alcoholic beverages and liquors described in this Act into counties failing to adopt local option; to provide for the confiscation of all alcoholic beverages and liquors on which the taxes herein provided for have not been paid and the vehicles used in transporting same; to provide the method and manner of issuing licenses to manufacturers, dealers and distributors of intoxicating

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beverages and liquors; to provide penalties and punishment for the violation of the terms of this Act; to provide certain exceptions to the provisions of this Act; to prohibit certain forms of display and advertisement of spirituous liquors; to define the term liquor and other definitions coming under the terms of this Act; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same: Section 1. This Act shall be known as the Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors. Designation of Act. Section 2. That on and after the passage of this Act the official Code of Georgia, Title 58, be and the same is hereby amended, by adding a new section 58-124 which shall read as follows: Code amended. 58-124. The limitations and restrictions of this chapter shall not apply to those counties in which a majority of those voting at an election held for the purpose vote in favor of the taxing and legalizing and controlling of alcoholic beverages and liquors as may be provided by the General Assembly. New 58-124 Section 3. That on and after the passage of this Act the Code of Georgia of 1933, Title 58, be, and the same is hereby, amended by adding a new section 58-305 which shall read as follows: 58-305. Provided that nothing in chapter 58-1, 58-2, and 58-3 of this Code shall apply in those counties in which a majority of those voting at an election held for the purpose vote in favor of the taxing and legalizing and controlling of alcoholic beverages and liquors as provided in this Act. New 58-305.

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Section 4. The license hereinafter provided for and the tax levied on the manufacture, sale and distribution of distilled spirits and alcohol as authorized by this Act is hereby authorized only in those counties in which a majority of those voting at an election to be held for the purpose, vote in favor of taxing and controlling alcoholic beverages and liquors as hereinafter provided for. Upon a petition signed by at least thirty-five per cent. (35%) of the registered voters qualified to vote at the general election immediately preceding the presentation of the petition, being filed with the Ordinary of any county, he shall call a special election to be held within thirty days from the filing of this petition and shall publish the notice of the call of the 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, sale and distribution of alcoholic beverages and liquors in the county shall be permitted or prohibited. 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 (primary or general) in said 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 result 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 the words, For Taxing and Legalizing and Controlling Alcoholic Beverages and Liquors. Those voting against said Act being put into effect in said county shall have printed or written on their ballots the words, Against Taxing and Legalizing and Controlling Alcoholic Beverages and Liquors. If at such election a majority of the votes cast shall be in favor of taxing and controlling alcoholic beverages and liquors, the manufacture,

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possession, distribution and sale of such alcoholic beverages and liquors in such county shall be permitted in accordance with the provisions of this Act at the expiration of fifteen days from the declaration of the result. If at such election a majority of the votes cast shall be against the taxing and legalizing and controlling of alcoholic beverages and liquors, the manufacture, distribution and sale of same in such county shall be prohibited as is now provided by law. No Ordinary shall call, nor shall any election provided for herein, be held within two years after the date of the declaration of the result by the Ordinary of the previous election for such purpose under this Act. License. Special elections in counties. Regulations. Time of holding. Returns. Ballots. Permission. Prohibition. Section 5. (a) The words Spirituous Liquors, or Distilled Spirits, mean any alcoholic beverage containing alcohol obtained by distillation, mixed with water or other substance in solution, and includes brandy, rum, whiskey, gin, cordials, or other spirituous liquors by whatever name called, to include fortified wines as defined by Federal Alcohol Administration, but nothing in this Act shall prohibit the sale of wines from natural fermentation of fruits, berries and other products. Words defined. (b) The word Alcohol means the product of distillation of any liquid, whether rectified or dilated, whatever may be the origin thereof, and shall include synthetic ethyl alcohol. (c) The word Person means and includes any individual, partnership, corporation, or association. (d) The word Manufacturer means any person, firm or corporation engaged in manufacturing, distilling or rectifying or blending any alcoholic beverage, distilled spirits or alcohol. (e) The word Wholesaler, or Wholesale Distributor, means any person, firm or corporation engaged in distribution

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or selling to retailers for the purpose of resale any of the distilled spirits or alcohol as defined in this Act. (f) The words Retailer, or Retail Distributor, mean any person, firm, or corporation engaged in selling at retail any distilled spirits or alcohol for beverage purposes in unbroken packages. Section 6. This Act shall be administered by the State Revenue Commissioner of Georgia. No employee of said Commission shall, directly or indirectly, have any interest, whatsoever, in manufacturing, selling, transporting, distributing, storing, or otherwise dealing in alcoholic beverages, except in the performance of his official duties. Administration of law. Section 7. The State Revenue Commissioner of Georgia shall furnish warehouses or storage places in any county or counties wherein the sale of distilled spirits is legalized throughout the State as in his discretion he deems expedient for the purpose of furnishing ample storage space for the products of all manufacturers or distillers. The State Revenue Commissioner shall charge a rental on each square foot of floor space at a rate to be determined by the State Revenue Commissioner which rate shall apply at the same rate per square foot for all manufacturers or distillers. The distilled spirits so stored in said State warehouses shall be taxed and the stamp provided for herein affixed before any of said distilled spirits shall be permitted to be taken from said warehouses. Storage spaces. Rental. Tax stamps. The State Revenue Commissioner is hereby authorized and empowered to lease suitable storage places for the conducting of said warehouse business and shall operate and supervise said warehouses with State employees who shall be charged with the collection of the State tax herein provided and the rental accruing from such storage place. Said state employees having charge of collecting said tax or distributing said liquors shall give surety bond in the sum of ten thousand ($10,000.00) dollars, each premium of said bond to be paid by the State. Leases of warehouses. Bonds.

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Said State Warehouses shall neither deliver nor consign nor permit to be delivered or to be consigned any of the spirituous liquors stored therein to any person, firm, or corporation other than a legally licensed and qualified dealer as defined under the terms of this Act. Liquors not to be delivered. It shall be unlawful for any person, firm, or corporation either as an individual, wholesaler, or retailer to accept delivery or shipment of spirituous liquors intended for sale except through said State Warehouses and upon conviction in a court of competent jurisdiction shall upon an accusation or an indictment charging such illegal acceptance be punished as for a misdemeanor. Illegal acceptance. Misdemeanor. It shall constitute a misdemeanor for any private, contract, or common carrier to transport any alcoholic beverages or liquors intended for sale in this State except for delivery to a State Warehouse provided for in this section, unless the tax on said alcoholic beverages or liquors has been paid and the evidence thereof attached to the container as provided herein. Any vehicle so used with the knowledge and consent of its owner shall be subject to confiscation upon declaration being filed for the purpose by any Solicitor of any City Court, or Solicitor-General, in this State, having jurisdiction thereof, under the rules of law now governing the confiscation and condemnation of vehicles used in transporting liquors. Provided, however, it shall be lawful for bona fide claimants of such vehicles to file claim and replevy such property pending condemnation proceedings. Transportation. Misdemeanor. Confiscation. Section 8. The State Revenue Commissioner shall have the following powers and duties: Duties and powers of revenue commissioner. (a) To try any of its employees and to dismiss them as provided for in section 6, if found guilty. (b) To issue licenses provided for in this Act and to decline to issue any license to any person or corporation who in his reasonable discretion are not proper persons

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to have such permits. Any person, firm or corporation who after securing a permit as provided in this Act shall be convicted in a court of competent jurisdiction of selling or serving spirituous liquors on the premises in unbroken packages of any size shall immediately have their license revoked and it shall be mandatory on said State Revenue Commissioner to revoke said license. (c) To revoke or cancel for cause after hearing any license issued by him under authority of this Act. (d) To provide forms for application for licenses and of all reports which he deems necessary in administering the same. (e) To fix standards not in conflict with those prescribed by the laws of this State and of the United States. (f) To issue rules and regulations governing all advertising of distilled spirits within this State. (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 amend such rules, regulations, standards, requirements and orders not inconsistent with this Act or any law of this State or of the United States as he may deem necessary to control the manufacture, sale, distribution, storage, or transportation of distilled spirits and alcohol in accordance with the provisions of this Act, and the conditions under which same may be withdrawn from said warehouses and distributed: (i) The State Revenue Commissioner shall on the first day of January of each and every year after this Act goes into effect, prepare a detailed report of its operation, which shall be submitted to the Governor of this State; and also to each member of the General Assembly upon the convening thereof in regular session.

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(j) Agents and inspectors appointed by the State Revenue Commissioner for the enforcement of this Act are hereby empowered and authorized to enter upon the premises of any person engaged in the manufacture, sale, distribution, storage or transportation of alcoholic beverages and liquors at any time for the purpose of inspecting said premises and shall have access during such inspection to all books, records and supplies relating to the manufacture, sale, distribution, storage and transportation of alcoholic beverages and liquors. (k) It is hereby made the duty of the Revenue Commissioner to revoke or cancel any license issued to any manufacturer, wholesaler, wholesale distributor, retailer or retail distributor for any wilful violation of any of the provisions of this Act or for the wilful violation of any rule promulgated by the Revenue Commissioner under the terms and provisions of this Act, and after revocation or cancellation, there shall be no renewal or re-issuance of said license for a period of two years from the date of revocation or cancellation. Section 9. Licenses which may be issued under authority of this Act shall be as follows: Licenses. (a) Manufacturers: A Manufacturer's license shall authorize the holder thereof to operate a distiller for the production of alcohol or distilled spirits at the premises designated in the license. 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 obtained each year on or before the first day of January. Manufacturer.

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(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 dollars ($1,000.00) annually. Said licenses shall be renewed annually on or before the first day of January. Wholesaler. (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 alcoholic beverages 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. It shall be unlawful for any retailer as defined in this Act to allow or permit the breaking of said package or packages on the premises where sold or to allow or permit the drinking of the contents of said package or packages on the premises where sold and any violation thereof shall be a misdemeanor and the offender thereof shall be guilty of a misdemeanor, and upon conviction, be punished as for a misdemeanor. Retailer. All persons holding licenses under this Act shall display the same prominently at all times on the premises for which same was issued. Display. Nothing in this Act shall be construed as 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 municipal and county authorities issuing licenses shall within their respective jurisdiction have authority to determine the location of any distillery, wholesale business, or retail business licensed by them. Provided, however, no business licensed under this Act shall be operated within one hundred yards of any church, and 200 yards of a school-ground or

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college campus, except hotels of fifty (50) rooms or more, which have been in continuous operation for a period of at least five years immediately preceding the passage of this Act. The restrictions as to location herein contained shall not apply to private social clubs, owning their own homes, which have been chartered and in continuous operation for a period of 25 years prior to the passage of this Act. The school-grounds or college campuses referred to in this paragraph shall apply only to State, County, City or Church school campuses and to such other schools as teach the subjects commonly taught in the common schools and colleges of this State. Municipal regulatiopns. Forbidden territory. One hundred dollars ($100.00) shall be the annual fee for a State Retailer's license. Said retailer's license shall be obtained annually on or before the first day of January of each year. License fee. (d) No license shall be granted by the Revenue Commissioner until the applicant has exhibited a license granted by the municipality, if the place of business to be conducted is within the corporate limits of a municipality, or by the governing authorities of the county where the place of business to be conducted is located, if such place of business is outside the corporate limits of a town or city, and the local authority issuing this license shall have full authority to pass on the character, reliability and other qualities of fitness before issuing such license. The annual licenses to be charged by a municipality or county shall not be less than one thousand ($1,000.00) dollars for manufacturers, five hundred ($500.00) dollars for wholesalers, and two hundred and fifty ($250.00) dollars for retailers, and nothing in this bill shall restrict the maximum amount to be charged or levied by counties or municipalities for licenses issued or granted to wholesalers, manufacturers or retailers as defined in this Act. It is the purpose and intent of this paragraph to place no maximum limit or maximum amount that can be charged

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by municipalities or counties and if any county or municipality now have a charter provision limiting the amount of license that can be charged upon any business such limitation shall not apply to licenses issued or granted under this Act. Municipal license to be exhibited. Fees for licenses. (e) All persons holding licenses under this Act shall display the same prominently at all times on the premises for which same was issued. Display. (f) Said Revenue Commissioner is hereby authorized to issue to growers of peaches, apples, pears, grapes and other perishable fruits grown in Georgia a license authorizing such growers to manufacture and distill liquors defined by this Act from such perishable fruits grown in this State for which permit said growers shall pay to the Revenue Commissioner an annual license fee of five hundred ($500.00) dollars. Provided, that any such liquors distilled or manufactured in any county where the liquors herein named are not to be sold under the terms of this Act, such licensee shall immediately store such liquors in a warehouse, or warehouses, designated by said Revenue Commissioner to be sold or disposed of under the supervision of said Commissioner in States or Counties permitting the legal sale thereof. And provided further that it shall be unlawful for such licensee to sell or dispose of any such liquors in any county or counties wherein the sale of such liquors are forbidden by the terms of this Act, or to sell to any one not holding a wholesale or retail license granted under the terms of this Act. Provided, however, that no manufacturers license shall be issued for the manufacture of distilled spirits in any county of this State that has not voted in favor of the taxation and control of alcoholic beverages and liquors as herein provided. Fruit growers. License fee. Storage. (g) All licenses or license fees referred to in this section, shall be payable in advance. No licenses issued under the provisions of this Act shall be transferable without consent of Revenue Commissioner. Advance payment.

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Section 9-A. (a) No person holding a license to deal in spirituous liquors as is herein defined shall display in any show window or other place visible from without said licensee's place of business any advertisement or information of the price or prices of any such spirituous liquors. No advertisement of prices. (b) No person holding a license to deal in spirituous liquors as is herein defined shall display in any show window or other place visible from without said licensee's place of business any empty bottle or other empty container resembling or simulating the bottle or container in which such spirituous liquors are sold. No display of bottles. Any person, firm or corporation violating any of the provisions of paragraph a or b in this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Misdemeanor. Section 9-B. In any county in this State where the provisions of this Act do not permit the sale of intoxicating liquors, as well as in the counties where such sales are permitted by this Act, it shall be the duty of the respective Grand Juries to investigate at their regular or special sessions, the violation of the laws of this State prohibiting the illegal sale of intoxicating liquors and to further investigate the conduct of the Sheriffs of said counties in enforcing the laws of this State relating to intoxicating liquors. In the event of any Grand Jury making a finding or presentment that the Sheriff of such county has knowingly failed or grossly neglected to enforce the laws of this State relating to the sale of intoxicating liquors, a certified copy of such finding or presentment shall be forwarded to the Governor, and it shall thereupon be his duty to remove said Sheriff from office, if after a public hearing he finds such facts to be true. Grand jurors and sheriffs. Section 10. Before any license is granted, applicant must file with the Revenue Commissioner corporate surety

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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 bonds. Distillersten thousand ($10,000.00) dollars; Wholesalersfive thousand ($5,000.00) dollars; Retailerstwenty-five hundred ($2500.00) dollars; said bonds to be approved by the Revenue Commissioner and shall be executed on forms as may be prescribed by said Commissioner. Amounts. Said bonds shall be of form prescribed by the State Revenue Commissioner and shall be conditioned, among other things, that the applicant when granted a license to sell distilled spirits and alcohol, shall pay all sums due the State and comply with all the rules and regulations governing the sale of distilled spirits or alcohol, and such other conditions as the State Revenue Commission may require in his rules and regulations. Conditions. Section 11. There shall be levied and collected on all distilled spirits imported into the State of Georgia a tax of one dollar ($1.00) per wine gallon, and on all alcohol imported into the State of Georgia a tax of two dollars ($2.00) 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 fifty cents (0.50) per wine gallon, and on all alcohol manufactured in the State of Georgia not from Georgia grown products, a tax of one ($1.00) dollar per wine gallon, and a proportionate tax at like rates on all fractional parts of a gallon. It is provided by the terms of this Act that every person or common or contract carrier transporting distilled spirits, liquors, and wines into the State of Georgia to immediately report same to State Revenue Commissioner, which report shall show the consignor and consignee, and quantity delivered and upon failure to comply with the terms herein said person or common or contract carrier its agents and employees shall be

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guilty of a misdemeanor and upon conviction thereof shall be so punished. On liquors exported beyond the limits of this State, there shall be a tax of fifteen (15c) per wine gallon. Taxes shall be collected in the following manner: The State Revenue Commissioner 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 or in a manner as may be prescribed by the Revenue Commissioner. Every manufacturer or wholesaler before shipment or delivery to a retailer shall affix or cause to be affixed to each bottle or container of distilled spirits a stamp indicating the payment of the proper amount of tax. Every manufacturer, distiller, or wholesaler, who may sell, ship or deliver to each other shall affix or cause to be affixed to each bottle or container of distilled spirits or liquors stamps indicating the payment of the proper amount of tax thereon. The State Revenue Commissioner may in his discretion replace mutilated stamps when fully satisfied that said stamps have not been used. The Revenue Commissioner shall be authorized in his discretion to permit importation of distilled spirits or alcohol into any county where the manufacture and sale of the same has been legalized, by permitting the same to be shipped to a state warehouse or warehouses and there stored without such payment of tax, provided for herein, but such rules and regulations shall provide for the collection of all taxes due on distilled spirits or alcohol as it is withdrawn from the State warehouse and the tax stamps affixed thereon. Tax on imports. Carriers' reports. Stamps. Permit to import. (a) Each tax stamp upon being affixed to a bottle or other container of distilled spirits shall immediately be cancelled 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 reuse 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 forbidden in this paragraph shall be guilty of forgery, and upon conviction be punished as for a forgery. Forgeries. (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, or agent of the Revenue Commissioner, and the offender shall be guilty of a misdemeanor and upon conviction shall be punished as such. Unlawful possession. (d) The sale or purchase of any distilled spirits or alcohol as defined in this Act by any person which does not bear the tax stamps provided for herein shall be unlawful, and the offender, buyer or seller, or both, shall be guilty of a misdemeanor and upon conviction shall be punished as such. Unlawful sale or purchase. Section 12. Any wines or other beverages made by fermentation, to which there has been added distilled spirits, and where the alcoholic content is more than twenty-one (21%) per cent. alcohol by volume, are hereby classed as liquor and their manufacture, sale and distribution are made subject to all the restrictions, penalties, and regulations as are imposed by this Act, on distilled spirits or alcohol, except taxes, but upon all such wines, under 14% by volume there shall be levied a tax of twenty-five (25c) cents per wine gallon on such wines made exclusively from fruits, berries, grapes, and other products grown in Georgia, and on all such wines over 14% there shall be levied and collected a tax of fifty (50c) per wine gallon where such wines are made from or contain ingredients made from products grown outside the State of Georgia. Alcoholic content of beverages.

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Such wines as are described in this section are commonly known as fortified wines and nothing in this Act shall be construed to regulate the sale of such wines or wines made from natural fermentation of fruits, grapes, and berries containing an alcoholic content of not more than fourteen (14%) per cent. alcohol by volume. Wines. Section 13. The provisions of this Act shall not apply to ethyl alcohol intended for use and/or used for the following purposes: Ethyl alcohol purposes. (a) For scientific, chemical, mechanical, industrial, medicinal and culinary purposes. (b) For use by those authorized to procure the same tax-free, as provided by the Act 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 14. Any person who shall sell or offer for sale any spirituous liquors as herein defined on Sundays or election days shall be guilty of a misdemeanor and upon conviction shall be punished as for a misdemeanor as provided in section 27-2506 of the Code of 1933. Sunday violation. Section 15. Any person who by himself or another shall furnish or cause to be furnished or permit any person in his employ to furnish alcoholic, spirituous liquors, or beverages to any minor, to any person who is noticeably intoxicated, or to any habitual drunkard whose intemperate

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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, bar maid or in any manner whatsoever. Other misdemeanors. Section 16. 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, in which county the manufacture, distribution and sale of such distilled spirits or alcohol has not been authorized under the terms of this Act or its amendments; provided, however, nothing herein contained shall prevent any manufacturer, wholesale or retail distributor from shipping or transporting said liquors through such counties or municipalities where the destination of such liquors is beyond the limits of such county. 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, and furthermore upon conviction shall have his license revoked by the Revenue Commissioner and no other license shall be issued to such person, firm or corporation within a period of 12 months from day same was revoked. Shipments forbidden. Section 17. That it shall be unlawful for any person, firm or corporation to sell, possess, conceal, store, convey any vinous, malt, or spirituous liquors or beverages whereon any tax or license fee is imposed by this Act, and upon which such tax or license fee has not been paid; and any peace officer or agent of the State Revenue Commissioner shall have the authority and it shall be his duty to declare contraband any distilled spirits or alcohol which does not bear the revenue stamps of the State of Georgia, or that is found without such stamp whether for sale or otherwise, in any county, in the State of Georgia where the sale of such distilled spirits and alcohol is not authorized

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under the terms of this Act or its amendments; all contraband liquors, distilled spirits or alcohol, seized as contraband, shall be immediately delivered to the State Revenue Commissioner, or persons designated by the Commission to receive the same, and by them either destroyed or sold at public sale, under such rules and regulations as the Commissioner shall hereafter adopt, and the proceeds of such sale retained by the Commissioner and paid over to the lawful authority to receive revenue from the sale of liquor; but nothing in this Act shall prohibit the other law enforcement agents and officers of this State from seizing and prosecuting persons illegally possessing or selling distilled spirits and alcohol in counties in the State of Georgia where the sale of same has not been authorized by this Act or its amendments. The authority to seize as contraband distilled spirits and alcohol as set out herein, shall extend to counties where the sale and possession of the same is made legal by this Act or any of its amendments where such liquors, distilled spirits or alcohol are sold contrary to the provisions hereof or found in possession of any person, firm, or corporation, and not bearing the prescribed stamps showing taxes paid thereon in the State of Georgia. Unlawful acts in detail. The Revenue Commissioner, or his agents, are also authorized, and it shall be their duty to secure warrants or other form of criminal process against all offenders in counties where the sale of distilled spirits and alcohol is not authorized under the terms of this Act, and in counties where the sale of distilled spirits and alcohol is authorized under the terms of this Act but where the same is being sold contrary to the provisions hereof, and the Revenue Commissioner, or his agents, are authorized, and it shall be their duty to prosecute such offenders. Prosecutions. Section 18. 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 distillation. Section 19. Nothing in this Act contained shall be construed as giving any persons a right to sell spirituous liquors as herein defined, but the manufacture, sale and distribution of spirituous liquors is declared to be a privilege in this State and not a right. Privilege no right. Section 20. 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 as provided in section 27-2506 of the Civil Code of 1933. Violation a misdemeanor. Section 21. Whoever sells or gives away to induce trade or for the purpose of evading the provisions of this Act, furnishes or provides any spirituous, distilled liquors, or intoxicating liquors and alcoholic beverages such as are dealt within 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 as misdemeanor, and upon conviction shall be punished as for a misdemeanor as provided in section 27-2506 of the Civil Code of 1933. Giving away a misdemeanor. Section 22. There shall be no exception from the permit fees, license fees, and/or tax as provided by this Act in favor of any person whatsoever. No exception.

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Section 23. Be it further enacted that each and every provision and section of this Act is hereby separately enacted, and 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. Separate enactments. Section 23-B. That from and after the passage of this Act it shall not be unlawful for any person to have and possess for use and not for sale, in any county of the State, one quart of the liquors and beverages described in this Act which may have been purchased by the person for use and consumption from a lawful and authorized retailer and properly stamped, and this section shall be construed to repeal any and all laws in conflict with this section and Act as herein expressed. Possession of a quart. Section 24. Be it further enacted by the authority aforesaid that no retail license or stamps shall be sold to any applicant or person, unless an application is filed accompanied by a certificate by the Ordinary of the county of such applicant's residence, certifying that said applicant has been a bona fide resident of said county for at least twelve months immediately preceding such application and no stamps or retail license shall be sold to any person who has not been a resident of this State for the last twelve months immediately preceding such sale, or a county in which liquor may be legally sold under this Act. It is the purpose and intention of this section to prevent the sale of liquor in any county other than those counties in which liquor may be legally sold under this Act. Ordinary's certificate. Section 25. Be it further enacted by the authority aforesaid that no member of the General Assembly shall be eligible for employment under any office or job created by this Act during the term of office for which he is elected; and this provision shall apply to legislators elected in the future as well as those now elected. Eligibility to employment.

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Section 26. No alcoholic beverages shall be sold by any licensee under this Act that does not fully meet all Federal requirements as to the quality or purity, as represented by the label, or does not meet such standards as may be adopted by the proper State Agency enforcing this Act. Quality requirements. Section 27. Any person found in possession or control of more than one quart of spirituous, vinous or alcoholic liquor, in any county of this State (except such counties in which liquor may be legally sold or transported under the terms of this Act) shall be guilty of a misdemeanor, and upon conviction, punishable as in cases of misdemeanors. The fact that such person may have a license or liquor stamps shall be no defense in such prosecutions, where said liquor is carried into a county to which the terms of this Act do not apply, and wherein liquor is not legalized under the terms of this Act. Possession unlawful. It is the purpose and intent of this section to maintain the present prohibition law against liquor and alcoholic beverages in those counties of this State not specially exempted from the provisions of the prohibition law under this Act; and to provide for the trial and conviction of persons guilty of selling or possessing such liquor in such counties, as is now provided by law unless exception is made herein, prior to the passage of this Act; and it is for the purpose and intent of this section to provide that the prohibition law is not repealed in Georgia, except in the counties which have by a majority vote voted this Act into operation. Prohibition law in non-repeal counties. Section 28. It shall be unlawful to sell any liquor in any of the counties specified by this Act between the hours of 12:00 o'clock, midnight, on Saturday night, until the hour of 12:00 o'clock, midnight, on Sunday night, at any time and at any time on election days. Unlawful sales on Sundays.

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It is the purpose and intent of this section to prevent the sale of liquor on Sunday and election days, and any violation of same shall be a misdemeanor, by the buyer and/or the seller. Election days. Section 29. Any retail licensee wilfully and knowingly selling more than two quarts per day to any purchaser shall be guilty of a misdemeanor and shall be punished as for a misdemeanor, and in addition thereto shall be subject to the other penalties coming under the jurisdiction of the Revenue Commissioner, such as suspension and revocation of license and forfeiture of bond. Every retail licensee shall keep a register or book which shows the signature of every purchaser, and the quantity purchased. Excess sale a misdemeanor. Revocation and forfeiture. Section 30. Prosecution for violation of the terms of this Act may be had upon accusation filed by the Solicitor of any criminal court, and it shall not be a condition precedent to such prosecution that the defendant has been indicted by Grand Jury. Prosecutions. Section 31. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved February 3, 1938. ALLOCATION OF CHAIN-STORE TAX. No. 302. An Act to amend the Act approved March 27, 1937, (Georgia Laws 1937, pp. 75-83), which Act deals with chain stores, fixing occupation taxes thereon, etc., by repealing Section 11, which section allocates the revenue derived from the Act to the eleemosynary institutions, to be used for certain purposes; by inserting in lieu thereof a new section 11 making a specific appropriation of said funds for the purpose of constructing, repairing and maintaining buildings and

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grounds, purchasing equipment, materials and labor for the eleemosynary institutions; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. That the Act approved March 27, 1937, (Georgia Laws 1937, pp. 75-83), commonly known as the Chain Store Tax Act, be and the same is hereby amended by repealing section 11 and inserting in lieu thereof a new section to be known as section 11 and providing as follows: Act of 1937 amended. Section 11. The revenue derived from this Act, less 5% thereof which is appropriated and set aside for enforcement, is hereby specifically appropriated to the State Department of Public Welfare or whatever board or bureau may be created as its successor, to be used for the purpose of constructing, repairing and maintaining buildings and grounds, purchasing equipment, such as furniture and fixtures, and materials and labor to be used in construction and repair of buildings and grounds for the State eleemosynary institutions. This allocation and appropriation of funds is made in addition to any fixed sum appropriation or allocation made in any appropriations Act now effective, or which becomes effective in the future, and shall in no event be construed as included in any fixed sum appropriation to the State Department of Public Welfare, or its successor. Addition to appropriation for eleemosynary institutions. Section 2. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved February 7, 1938.

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AUCTIONEERS. SEE ACT 404MALT BEVERAGES CROWN-TAX RATE, INFRA. CIGAR AND CIGARETTE TAXES. No. 88. An Act to amend that certain Act of the General Assembly of Georgia approved March 30, 1937, and entitled An Act to repeal part 3, cigars and cigarettes, chapter 92-22, in general, of the 1933 Code of Georgia (Acts 1931, Extra Session, pp. 11-24 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 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 and settlement of claims respecting the same; to provide for monthly reports of wholesalers and jobbers; to appropriate the fund derived from the operation of this Act; and for other purposes, so as to make more definite and certain the provisions of said Act and to provide that persons who receive by any means in this State and/or retain, keep or possess for their own personal use in the State or the personal use of any member of his or her family in the State or who bring into the State of Georgia for his or her personal use in said State or for the use of any member of his or her family therein or who use or consume in the State of Georgia, cigars, cheroots, stogies, cigarettes, or any substitute therefore shall be subject to

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the payment of a privilege or excise tax and to provide the amount of said tax; to provide for certain exemptions from the provisions of the Act and for forfeiture and conviction of taxable products for violation of the terms of said Act as amended and to provide for prosecutions and penalties and punishment for violation of any of the terms or provisions of said Act; to make penal the solicitation of orders for the sale of tobacco products or the sale thereof by persons knowing or having reason to believe at the time of so doing that the purchaser expects or intends to receive, hold, possess, use or consume the taxable products so bought without paying the taxes thereon; to provide that each and every section and part of section of said amendment be enacted separately; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same: Section 1. That section 1 of the Act of the General Assembly of Georgia approved March 30, 1937, published Georgia Laws of 1937, pages 83-109, levying a license tax on dealers in cigars, cigarettes, cheroots, stogies or any substitutes therefor and generally known as the Cigar and Cigarette License Tax Act be and the same is hereby amended in the following particulars, to wit: Act of 1937 amended. A. By adding between the words State of Georgia and the comma immediately following the same and the word cigars appearing in the seventh line of said section as published in Georgia Laws of 1937, page 84, the following words, phrases and clauses, to wit: or who receives, by any means, in this State and/or retains, keeps or possesses for his or her own personal use in this State or for the personal use of any member of his or her family in this State, or who brings into the

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State of Georgia for his or her personal use in said State or for the use of any member of his or her family therein and/or who uses or consumes in the State of Georgia, Added clause. B. By striking the period immediately following the word Georgia appearing in the twelfth line of said section as published at page 84 of the Acts aforesaid and substituting therefor a comma and adding immediately after said comma and before the words there is in said twelfth line of said section as published in Georgia Laws, page 84, as aforesaid, the following words to be followed by a period, to wit: in cases where sales are made, and in cases where such products are received, held and possessed in this State by any person for his or her own personal use or for the use of the members of his or her family, or are brought into this State by any person and retained and possessed for his or her personal use or the personal use of the members of his or her family, or where such products are used or consumed by any person in this State the license tax herein levied shall be graduated in accordance with the prevailing market or selling price in this State of the product so received for distribution or for personal use or so brought into the State for use herein or used or consumed in this State as aforesaid. Words substituted. C. By adding immediately following subsection (m) of said section appearing, Georgia Laws of 1937, page 86, and immediately preceding subsection (n) of section 1 of said Act appearing on the same page, a new subsection to be known as section (m-1) and providing as follows: (m-1) The amount of the tax levied upon the receipt, possession, use and consumption of tobacco products affected by the terms of said Act as amended shall be the same and computed on the same basis as would be the case if tobacco products of the same kind were sold or offered for sale in this State by a wholesale or retail

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dealer and as particularly set out in subsections (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), and (l) of said Act of this amendment thereto and shall be paid through the use of stamps as provided in subdivision (n) of said Act and the levy and collection of such tax shall be subject to the provisions of subdivisions (o), (p) and (q) of said original Act. New section. D. By adding two additional subsections thereto immediately following subsections (q) appearing at page 87 of Georgia Laws of 1937, to be known as subsections (r) and (s) respectively providing as follows: (r) Provided further that any nonresident of this State en route into the State, either in automobile or on common carrier, from a State which does not levy any license or tax upon the sale or use of cigars and cigarettes, may have in his possession for his own use or consumption as many as four packages of not exceeding twenty cigarettes each and as many as twenty-five cigars and this provision shall likewise apply to a nonresident of the State of Georgia coming into said State to reside temporarily and such person may likewise have in his possession the quantity of untaxed cigars and/or cigarettes allowed for nonresidents passing through the State of Georgia as herein provided. Two subsections added. (s) Provided further that a resident of this State going out of the State to sojourn temporarily and returning thereto may have in his possession for his own use or consumption as many as two packages of not exceeding twenty cigarettes each and ten cigars without having affixed thereto the stamps provided and required by this Act to be affixed thereto, but a possession of a larger quantity of cigars or cigarettes by a resident of this State, temporarily sojourning in another State and returning to this State shall be a violation of this Act and, upon conviction, such person shall be punished as for a misdemeanor.

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So that said section 1, when and as amended, shall read and be 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, or who receives by any means in this State and/or retains, keeps or possesses for his or her own personal use in this State or for the personal use of any member of his or her family in this State, or who brings into the State of Georgia for his or her personal use in said State or for the use of any member of his or her family therein and/or who uses or consumes in 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, in cases where sales are made, and in cases where such products are received, held and possessed in this State by any person for his or her own personal use or for the use of the members of his or her family, or are brought into this State by any person and retained and possessed for his or her personal use or the personal use of the members of his or her family, or where such products are used or consumed by any person in this State the license tax herein levied shall be graduated in accordance with the prevailing market or selling price in this State of the product so received for distribution or for personal use or so brought into the State for use herein or used or consumed in this State as aforesaid. There is hereby levied license or privilege taxes on articles containing tobacco enumerated in this Act the following amounts: To be read as amended. Cigars, cigarettes, and substitutes. Levy of license tax.

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(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. Amounts of taxes. (b) Cheroots, Stogies. Upon cigars of all description made of tobacco or any substitute therefor, retailing for three and one-third ($0.03[frac13]) cents each or less, one ($1.00) dollar per thousand. (c) Cigars. Upon cigars of all descriptions made of tobacco or any substitute therefor, retailing for more than three and one-third ($0.03[frac13]) 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.

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(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 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. (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. (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. (m-1) The amount of the tax levied upon the receipt, possession, use and consumption of tobacco products affected by the terms of said Act as amended shall be the same and computed on the same basis as would be the case if tobacco products of the same kind were sold or offered for sale in this State by a wholesale or retail dealer and as particularly set out in subsections (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k) and (l) of said Act or this amendment thereto and shall be paid through the use of stamps as provided in subdivision (n) of said

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Act and the levy and collection of such tax shall be subject to the provisions of subdivisions (o), (p) and (q) of said original Act. (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 in two 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 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. Confiscation. (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. Description. (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

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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. (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. (r) Provided further that any nonresident of this State en route through the State, either in automobile or on common carrier, from a state which does not levy any license or tax upon the sale or use of cigars and cigarettes, may have in his possession for his own use or consumption as many as four packages of not exceeding twenty cigarettes each and as many as twenty-five cigars and this provision shall likewise apply to a nonresident of the State of Georgia coming into said State to reside temporarily and such person may likewise have in his possession the quantity of untaxed cigars and/or cigarettes allowed for nonresidents passing through the State of Georgia as herein provided. Nonresidents' possession. (s) Provided further that a resident of this State going out of the State to sojourn temporarily and returning thereto may have in his possession for his own use or consumption as many as two packages of not exceeding twenty cigarettes each and ten cigars without having affixed thereto the stamps provided and required by this Act to be affixed thereto, but a possession of a larger quantity of cigars or cigarettes by a resident of this State, temporarily sojourning in another State and returning to this State shall be a violation of this Act, and, upon conviction, such person shall be punished as for a misdemeanor. Residents' possession.

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Section 2. Be it further enacted that section 2 of said Act of the General Assembly of Georgia approved March 30, 1937, be and the same is hereby amended by adding thereto and immediately following subdivision (b) at page 88, Georgia Laws 1937, and additional subdivision to be designated (d) providing as follows: (d) Every person receiving, holding, or possessing, within the State of Georgia, for his own personal use, or the personal use of members of his family, or who brings into the State of Georgia for his personal use in said State, or the use of the members of his family in said State, any cigars, cheroots, stogies, cigarettes, or any substitutes therefor taxable under this Act, and not stamped as required by this Act as herein amended, shall, within one hour after receipt of such products, or after having acquired possession thereof, or after having brought the same within the State of Georgia, as the case may be, and before the same, or any part thereof, are used or consumed, cause the same to have the requisite denomination and amount of stamp or stamps to represent the tax due thereon affixed as stated and required by the terms of said Act as amended and to cause said stamps so affixed to be cancelled by writing or stamping across the face of each stamp the name of the person so receiving or holding such tobacco products, or bringing the same into the State of Georgia, as the case may be, with the date and hour when the cancellation is made and in addition thereto such person shall, within six hours after receipt of such tobacco products, or after having brought the same into the State of Georgia, or after having acquired possession thereof, as the case may be, notify the State Revenue Commission in writing by mail of such fact or facts, stating the time when such tobacco products were received, or brought into the State of Georgia, or when possession thereof was acquired in said State and from whom such tobacco products were acquired. The possession of unstamped cigars, cheroots,

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stogies, cigarettes, or any substitute therefor by any person in the State of Georgia, acquired or held for use or consumption, in excess of the quantities or not under the circumstances set out in subdivisions (r) and (s) of section 1 of this Act as amended, shall be prima facie evidence that such tobacco products were brought into the State of Georgia or received therein, or are held and possessed in said State in violation of said Act as amended and for the purpose of evading the payment of the tax levied by said Act. Added law. So that said section 2 of said Act when and as amended shall read and be as follows: Section 2. Method and Time of Affixing Stamps. The license tax imposed by this Act shall be paid by affixing stamps in the manner and at the time herein set forth: Affixing of 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. (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 cancelled 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. Dealers. (d) Every person receiving, holding, or possessing, within the State of Georgia, for his own personal use, or the personal use of members of his family, or who brings

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into the State of Georgia for his personal use in said State, or the use of the members of his family in said State, any cigars, cheroots, stogies, cigarettes, or any substitutes therefor taxable under this Act, and not stamped as required by this Act as herein amended, shall, within one hour after receipt of such products, or after having acquired possession thereof, or after having brought the same within the State of Georgia, as the case may be, and before the same, or any part thereof, are used or consumed, cause the same to have the requisite denomination and amount of stamp or stamps to represent the tax due thereon affixed as stated and required by the terms of said Act as amended and to cause said stamps so affixed to be cancelled by writing or stamping across the face of each stamp the name of the person so receiving or holding such tobacco products, or bringing the same into the State of Georgia, as the case may be, with the date and hour when the cancellation is made and in addition thereto such person shall, within six hours after receipt of such tobacco products, or after having brought the same into the State of Georgia, or after having acquired possession thereof, as the case may be, notify the State Revenue Commission in writing by mail of such fact or facts, stating the time when such tobacco products were received, or brought into the State of Georgia, or when possession thereof was acquired in said State and from whom such tobacco products were acquired. The possession of unstamped cigars, cheroots, stogies, cigarettes, or any substitute therefor by any person in the State of Georgia, acquired or held for use or consumption, in excess of the quantities or not under the circumstances set out in subdivisions (r) and (s) of section 1 of this Act as amended, shall be prima facie evidence that such tobacco products were brought into the State of Georgia or received therein, or are held and possessed in said State in violation of said Act as amended and for the purpose of evading the payment of the tax levied by said Act. Other persons. Possession.

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Section 3. Be it further enacted that section 5 of said Act approved March 30, 1937, as aforesaid, as the same appears at pages 90 and 91 of Georgia Laws of 1937, be and the same is hereby amended in the following respect, to wit, by adding immediately after the word provided and the comma appearing in line 10 of said section 5, page 90 of Georgia Laws aforesaid, and the word are in said line and being the last word of said line, the following words and phrases, to wit: or having been within the State of Georgia for a period of one hour or longer in the possession of any person and held for his own personal use or consumption or the use and consumption of members of his family and not having affixed to the package or packages the stamps required by this Act as amended, so that said section when and as amended shall read and be as follows: Further amendment. 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, or having been within the State of Georgia for a period of one hour or longer in the possession of any person and held for his own personal use or consumption or for the use and consumption of members of his family and not having affixed to the package or packages the stamps required by this Act as amended, are hereby declared to be contraband goods and the same may be seized by the State Revenue Commission, or its agents and/or by any peace officer

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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 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 of unstamped articles as contraband. Section 4. Be it further enacted that said Act approved March 30, 1937, as aforesaid be and the same is hereby further amended by adding immediately following the end of section 14 on page 100 and immediately preceding the beginning of section 15 on the same page a new section to be known as section 14-a providing as follows: 14-a. No person, firm, corporation or association of persons shall sell or offer for sale at wholesale or retail or as jobber or semi-jobber any cigars, cheroots, stogies,

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cigarettes, or any substitute for such products or either of them or store for the purpose of sale or receive for the purpose of distribution to any person, firm, corporation, club or association within the State of Georgia as a part of any pooling agreement or otherwise any cigars, cheroots, stogies, cigarettes, or any subsititute therefor without first having made application to and received from the State Revenue Commission a license so to do. The application for license shall contan and set forth the name of the person desiring such license, the place or places where it is proposed to sell at wholesale or retail or to store for sale or to receive for the purpose of distribution to any person, firm, corporation, club or association within the State of Georgia such taxable products with such other and further information as the State Revenue Commission may require and it shall be unlawful for any person as wholesale dealer, jobber, semi-jobber, or retail dealer to receive or deliver any products taxable by this Act until such application has been submitted and such license has been granted and it shall further be unlawful for any person to receive in the State of Georgia for the purpose of distribution to any person or persons, firm, club or association of persons as a part of a pooling agreement or otherwise any of the products taxable under this Act without having made application for and received such license. New section. Licenses for sales. Section 5. Be it further enacted by the General Assembly of Georgia that said Act approved March 30, 1937, be further amended by striking all of section 17 of said Act as the same appears at pages 103 and 104, Georgia Laws 1937, and by substituting in lieu thereof a new section to be known as section 17 providing as follows: Section 17. Each and every person, firm, corporation or association of persons not engaged in the business of selling, or offering for sale any of the tobacco products taxable under the provisions of this Act as

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wholesaler, retailer, jobber, or otherwise and not engaged in receiving any of the products taxable under the provisions of this Act for distribution to any person or persons, firm, corporation, club or association of persons within the State of Georgia as a part of a pooling agreement or otherwise but who is engaged in the business of transporting and/or distributing in any manner whatsoever within the State of Georgia any of the taxable products enumerated and defined in this Act to any person or persons for his own personal use or for the use of himself or his family or to any dealer or person receiving taxable products as defined by this Act for distribution to any person, firm, corporation, club or assocation as a part of a pooling agreement or otherwise or who shall give away as samples, trade premiums, or for any other purpose, products taxed by this Act, shall before transporting and/or distributing and/or giving away any such tobacco products as are enumerated and defined herein, secure a permit so to do from the State Revenue Commission. Said Commission shall, before issuing said permit, ascertain from the applicant the nature of his business, and the territory or district in which such applicant desires to transport and/or distribute tobacco products. Said Commission shall, before issuing said permit, charge and collect a fee of thirty-five ($35.00) dollars. Each such person, firm, corporation or association of persons securing a permit as herein provided shall be allowed for each such permit so secured one vehicle for the purpose of transporting and/or distributing and/or giving away such tobacco products. Said permit shall be transferable as to person or vehicle under such rules and regulations as the State Revenue Commission may promulgate. The permits provided for in this section shall be conspicuously displayed on the vehicle for which it was issued, and failure to properly display such permit as herein required shall be a violation of this section. Any person, firm, corporation or association

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of persons who or which refuses to procure such permit when it is determined by the State Revenue Commission that such person, firm, corporation or association of persons is required under the terms of this Act to procure such permit, shall be guilty of a violation of this section and any motor vehicle or other conveyance operated without the permit herein required, after proper demand by the State Revenue Commission that an application be submitted in accordance with the provisions of this section, shall be seized by the agents or inspectors of the State Revenue Commission as contraband, and the same shall be condemned and sold by the State Revenue Commission in the manner and method provided in section 6 of said Act and the proceeds from the sale of such confiscated vehicle shall be disposed of as are the taxes collected under this Act. Provided further that if any person, firm, corporation or association of persons, to whom a permit has been issued, engages in practices which are deemed by the State Revenue Commission to be in furtherance of evasions of this Act the permit or permits so issued may be revoked by the Commission and no further permit shall be issued for six months, and not then unless the State Revenue Commission is satisfied that such showing has been made as will entitle such person to a new permit. Any person, firm, corporation, or association of persons found transporting and/or distributing, or giving away as samples, any tobacco products defined herein, to wholesale or retail dealers or any other person within this State, without first securing a permit or permits as provided herein shall be deemed guilty of a misdemeanor and upon conviction in any court of competent jurisdiction shall be punished as prescribed by section 27-2506, Georgia Code of 1933. Any person, firm, corporation or association of persons holding a permit as provided in this section and transporting and/or distributing tobacco products taxable under the provisions of this Act shall make weekly reports

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to the State Revenue Commission on such forms as may be prescribed by the Commission and particularly giving information as to the amount of taxable products distributed during the week for which such report was made and stating the person and place from which received and the person to whom and the place at which said products were delivered or distributed. New section 17. Permit to transport. Section 6. Be it further enacted that said Act approved March 30, 1937, be further amended by adding immediately after section 29 of said Act as published at pages 108 and 109, Georgia Laws of 1937, one additional section to be known as section 29-a providing as follows: 29-a. Any person who shall solicit orders for the sale of any of the tobacco products taxable under the provisions of this Act, or make sales thereof, knowing or having reason to believe at the time of so doing, that the purchaser expects or intends to receive, hold, possess, use or consume the same, without paying the taxes thereon as by this law required, or whosoever shall in any way solicit, encourage, aid or abet another to evade the payment of the tax prescribed by said Act and this amendment, shall be guilty of a misdemeanor and upon conviction in any court of competent jurisdiction, shall be punished as prescribed by section 27-2506, Georgia Code of 1933. Added section. Misdemeanor. Section 7. Be it further enacted that each section of this amendment and each and every part of each section of this amendment are hereby declared to be enacted independently of other sections and parts of sections of said Act and this amendment and if any section, part of section or provision of said original Act or this amendment thereto, or the application thereof to any person, transaction or circumstance be held unconstitutional or invalid for any reason whatsoever the remainder of said original Act and of this amendment, as the case may be,

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and the application of such provision, section, or part of section to other persons, transactions or circumstances shall not be affected by such holding or determination. Invalid parts of Act. Section 8. Be it further enacted that all laws and parts of laws in conflict with this amending Act be and the same are hereby repealed. Approved December 31, 1937. COUNTY AGENTS, LEVY OF TAX. No. 74. An Act to authorize the governing authorities of each of the counties that employs an agricultural agent and/or home demonstration agent to levy a tax for the purpose of paying said county agricultural and/or home demonstration agents; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. That by virtue of the authority conferred upon the General Assembly under article 7, section 6, paragraph 2 of the Constitution as amended in 1937, each of the counties of the State of Georgia are hereby authorized and empowered to levy and collect a county tax not in excess of one dollar and one-half ($1.50) per thousand dollars worth of taxable property for the purpose of paying county agricultural and/or home demonstration agents. County levy for agents. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved December 24, 1937.

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HOMESTEAD EXEMPTION FROM TAXES. No. 36. An Act to provide for homesteads exempt from certain taxation; to fix the amount of said exemption; to determine the value and eligibility of the homestead; to prescribe rules and regulations for setting aside exemptions; to provide for the keeping of the record of such exemption; to provide for homestead exemption application blanks; to provide for a fee when application is filed; to provide for the approval of such exemption; to define offenses and fraudulent acts; and to affix punishment and penalties for such offenses; and to repeal existing laws in conflict, and a separability clause; to provide a saving clause in this Act; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: Section 1. Beginning January 1, 1938, and for the years thereafter, there shall be exempted from all 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 two thousand ($2,000.00) dollars and only so long as occupied by the owner primarily and in good faith as such, the said amount of two thousand ($2,000.00) dollars, value to be exempted from taxation as hereinafter provided. $2,000 exemption of home occupied by owner. Section 2. The person seeking said exemption shall, on or before April 1st of the year in which exemption from taxation is sought, file a written application and schedule with the County Tax Receiver or Tax Commissioner charged with the duty of receiving returns of property for taxation. The failure to so file said application and schedule as provided herein shall constitute a waiver upon the part of such person failing to make said application for exemption for said year. Application. Waiver.

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Section 3. The application provided for in this Act shall be furnished to the County Tax Receiver or Tax Commissioner and Municipal Authorities, as the case may be, of the various counties by the Comptroller General of Georgia, not later than February 1st of each year. Said application shall provide for a statement of ownership of said homestead, a complete description of the property on which homestead exemption is claimed, when and from whom acquired, the kind of title held, the amount of liens and to whom due, if any, and for the approval of said application by the person authorized. A form of oath shall be provided and shall be administered to the person seeking the home exemption. Said oath may be administered and witnessed by the County Tax Receiver, Tax Commissioner or any authorized deputy of either or any person authorized by law to administer oaths. The County Tax Receiver or Commissioner shall deliver to any interested person the forms herein prescribed. The applicant must answer all questions correctly to be entitled to an approval of said application. Application; what required. Oath. Section 4. The Tax Receiver or Commissioner shall receive all applications for homestead exemption and shall file and preserve the same. Said application shall be filed with said Tax Receiver or Commissioner as herein provided. Said applicant shall at the time said application is filed pay to the official receiving same a fee of fifty cents (.50) for the first application and no fee for subsequent applications provided there has been no change in the ownership of the property of the eligibility of the applicant. Said fees shall be retained by said Receiver or Commissioner, except in those counties in which the Receiver or Commissioner is paid a salary. Tax-receiver. Fee. Section 5. The official receiving said application shall determine the eligibility of the applicant to claim the exemption provided for herein and, whether said application

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is approved or disapproved, he shall then transfer same to the County Board of Tax Assessors for final determination by said Board as to eligibility and value as provided by law. The applicant shall have the right of appeal to the Board of Tax Appeals in the counties where such Board has been established, or Superior Court of the county in which the land lies from the decision of the Board of Assessors upon all questions of law or fact, provided the appeal is filed with the Board of Tax Appeals in the counties where such Board has been established, or Clerk of the Superior Court within ten days from the receipt of written notice from said Board of the disapproval of or any change in the application. If, during the pendency of any such appeal, taxes shall become due and payable, the applicant shall pay the amount claimed into a registry designated by said court, to be there held pending final determination of said appeal. Failure to pay said sum within the time fixed by the Court shall result in a dismissal of said appeal instanter. Eligibility. Appeal. Payment required. Section 6. It is hereby provided, however, that the property declared to be exempted under the terms of this Act, shall not be exempted from the payment of interest on or retiring bonded indebtedness as provided in the Constitution of Georgia. Exemption limited. Section 7. As used in this Act homestead means real property owned by the applicant and who is in possession thereof and upon which said applicant resides and the land immediately surrounding said residence and to which he or she has a right to said possession under bona fide claim of ownership. Definition of homestead. Section 8. That the word Homestead whenever used in this Act shall mean and is defined to be the following: Words defined.

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(a) The actual permanent place of residence of a person who is the applicant and which constitutes the home of the family. Homestead. (b) Where the person who is the applicant holds the bona fide fee title (although subject to mortgage or debt deed) or an estate for life, or holds under any bona fide contract of purchase providing for the conveyance of title to the applicant upon performance of the said contract. (c) Where the building is occupied primarily as a dwelling. (d) Where the children of deceased or incapacitated parents occupy the homestead of their said parents, and one of them stands in the relation of applicant, whether the estate is distributed or not. (e) Where a husband or wife occupy a dwelling, and the title of the homestead is in the name of the wife. (f) In the event a dwelling house, classed as a homestead under the provisions of this Act, be destroyed by fire, flood, storm or other unavoidable accident, or be demolished or repaired so that the owner be compelled to temporarily reside in another place, it shall continue as a homestead for the period of one year after such occurrence. (g) In the event a person who is the applicant owns two or more dwelling houses, he shall be allowed the exemption granted by this Act on only one; and only one homestead shall be allowed to one immediate family group. (h) In all the classes above defined, the homestead exempted must be actually occupied as the permanent residence and place of abode by the person awarded the exemption, and such homestead shall be the legal residence and domicile of such person for all purposes whatsoever.

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Section 9. That the word applicant whenever used in this Act, shall mean and is defined to be the following: Applicants defined. (a) A married person living with husband or wife. (b) A person who is unmarried but permanently maintains a home for the benefit of one or more persons who are morally or through relation to him or her dependent wholly or in part upon him or her for support. (c) A widow or widower having one or more children and maintaining a home occupied by them. (d) A divorced husband or wife living in a bona fide state of separation, and having legal custody of one or more of their children owns and maintaining a home for the said child or children. (e) A person who is unmarried, or who is a widow or widower, and who permanently maintains a home owned and occupied by himself or herself. Section 10. The value of the homestead as finally determined shall be credited with the exemption provided by law. It is the legislative intent that property subject to ad valorem taxation hereafter shall be valued and assessed for taxation substantially as heretofore taking into consideration changes, from time to time, in the condition and value of such property at the time of the valuation and assessment thereof from year to year. The homestead value, exemption and difference, if any, to be shown on the owners tax return and the correctness thereof to be approved on said return as herein provided. Value. Section 11. That if any person make any false or fraudulent claim for exemption under the provisions of this Act, or make any false statement or false representation of a material fact in support of such claim; or any person who knowingly assists another in the preparation of any such false or fraudulent claim, or enters into any collusion with another by the execution of a fictitious

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deed, deed of trust, mortgage, or otherwise, shall be guilty of a misdemeanor and upon conviction thereof, shall be fined not more than one thousand ($1,000.00) dollars or be confined not more than twelve months upon the public works, or any other place provided for convicts, or be both fined and imprisoned in the discretion of the court. And in addition, such property shall be taxed in an amount double the tax otherwise to be paid. Fraud. Penalty. Section 12. Nothing in this Act shall affect, alter or impair the law relating to the assessment of property by municipalities, nor the collection of taxes by municipalities, nor the sale of property for taxes by municipalities; nor the collection of costs, fees and penalties by municipalities. Municipal taxes. Section 13. If any provision of this Act or any section thereof is held invalid, the remainder of the Act and the application of such provision shall not be affected thereby. Invalid parts. Section 14. Nothing herein contained shall be construed so as to prevent any municipality from levying and collecting taxes on the exempt property, for the operation of independent school systems. School taxes. Section 15. All provisions of law in conflict with this Act are hereby repealed. Approved December 16, 1937. INCOME-TAX AMENDMENTS. No. 121. An Act to amend title 92 (Public Revenue), division 1 (Sources of Revenue), part IX, (Income Taxes), of the Code of Georgia of 1933, as amended by the Act approved March 26, 1935, and by the Act approved March 30, 1937, by amending subsection (3) of subsection (i) of section 92-3002 of said Code,

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defining resident; by amending section 92-3101 of said Code, by repealing the minimum tax as levied therein; by amending section 92-3102 of said Code by repealing the section levying a minimum tax therein; by amending section 92-3103 of said Code by striking that part of subsection (c) of section (1) allowing a certain credit against tax; by amending section 92-3109, so as to allow a deduction from gross income on certain proportions of the dividend income received by corporations from other corporations engaged in business in said State; by amending section 92-3117 of said Code, so as to provide for taxation of resident members of nonresident partnerships; by providing for certain deductions from gross income of Federal income taxes actually paid during the preceding taxable year upon Federal income tax return filed in said taxable year; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That title 92 (Public Revenue), division 1 (Sources of Revenue), part IX (Income Taxes), chapter 92-31, of the Code of Georgia of 1933, as amended by the Act approved March 26, 1935, and the Act approved March 30, 1937, be and the same is hereby amended by striking from subsection (3) of subsection (i) of section 92-3002 of said Code, as amended, the words six months, wherever they may appear, and by substituting in lieu thereof the words four months; so that said subsection (3) of subsection (i) of section 92-3002 of said Code, as amended, shall read as follows: Code and Acts of 1935 and 1937 amended. and, effective January 1, 1937, any other person who maintains a place of abode within the State and spends in the aggregate more than four months of the taxable year within the State whether domiciled in this State or not. But any person who, on or before the last

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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 four 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, shall not, of itself, constitute him a nonresident of this State within the meaning of this Act. To be read. Residents and nonresidents. Section 2. That title 92, division 1, part IX, chapter 92-31 of the Code of Georgia of 1933, as amended by the Act approved March 26, 1935, and by the Act approved March 30, 1937, be further amended by striking from section 92-3101 of the said Code, as amended, the following: Further amendments. Words stricken. 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 of tax on its net income as disclosed in the return. Minimum charges stricken. Section 3. That title 92, division 1, part IX, chapter 92-31 of the Code of 1933, as amended by the Act approved March 26, 1935, and the Act approved March 30, 1937, by striking from said section 92-3102 of said Code, as amended, in its entirety subsection (a) of said section as follows:

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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 by the return. Section 4. That title 92, division 1, part IX, chapter 92-31 of the Code of Georgia of 1933, as amended by the Act approved March 26, 1935, and by the Act approved March 30, 1937, be further amended by striking from subsection (c) of section 92-3103 of said Code, as amended, the following: 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. so that said subsection (c) of section 92-3103 shall read as follows: 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. Trust estates. Section 5. That title 92, division 1, part IX, chapter 92-31 of the Code of Georgia of 1933, as amended by the Act approved March 26, 1935, and by the Act approved March 30, 1937, be further amended by adding a new subparagraph to section 92-3109 of said Code, said subparagraph to be known as section 92-3109 (h), and to read as follows: (h) Effective as of January 1, 1937, dividends received by Georgia corporations from other corporations engaged in business in this State and subject to the payment

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of taxes under the income tax laws of this State; provided, however, that if the net income of the dividend paying corporation is in part derived from property owned or business done without the State of Georgia, then such dividends when received by other Georgia corporations may be deducted from gross income only in the same proportion that the business income of such dividend paying corporation is attributable to the property owned and business done within this State, as determined under section 92-3113 of the Code of Georgia of 1933. Dividends of corporations. Section 6. That title 92, division 1, part IX, chapter 92-31 of the Code of Georgia of 1933, as amended by the Act approved March 30, 1937, be further amended by adding a new subparagraph to section 92-3117 of said Code, as amended, said subparagraph to be known as section 92-3117 (a), and read as follows: (a) Effective January 1, 1937, where one or more of the individual members is a resident of Georgia but a member of a partnership doing business without the State of Georgia, such resident member or members shall include in his individual return his distributable share (whether distributed or not) of the net income of the partnership for the taxable year. Partners. Section 7. That title 92 (Public Revenue), division 1 (Source of Revenue), part IX (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, and as further amended by the Act approved March 30, 1937, relating to the State tax on incomes, be and the same is hereby amended by striking from section 92-3109 (Deductions from gross income), paragraph c which permits the deduction of certain taxes, and inserting in lieu thereof the following:

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(c) Taxes.Effective January 1, 1938, taxes paid or accrued within the taxable year, except State 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, provided, however, that the taxpayer may only deduct from gross income the amount of Federal net income taxes shown to be due and actually paid during the immediate preceding taxable year on the return filed by said taxpayer in such preceding taxable year, and, provided further, that where the entire net income of the taxpayer is not taxable by the State of Georgia, then the taxpayer may only deduct such Federal net income taxes in the same proportion that the net income taxable by the State of Georgia bears to the entire net income taxable by the Federal Government. Taxes deductible. Section 8. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved December 29, 1937. INCOME-TAX DEDUCTION. No. 379. An Act to amend title 92, (Public Revenue), division 1, (Sources of Revenue), part IX, (Income Taxes), of the Code of Georgia of 1933, as amended by the Act approved March 26, 1935, and by the Act approved March 30, 1937, and by the Act approved December 29, 1937, by amending section 92-3109, so as to allow a deduction from gross income of the dividend income received by corporations from other corporations when the corporation receiving said dividends is engaged in

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business in this State and subject to the payment of taxes under the Income Tax Laws of this State; 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 title 92, division 1, part IX, chapter 92-31, Deductions from Gross Income, of the Code of Georgia of 1933 as amended by the Act approved March 26, 1935, and by the Act approved March 30, 1937, and by the Act approved December 29, 1937, be further amended by adding a new subparagraph to section 92-3109 of said Code, said subparagraph to be known as section 92-3109 (i), and to read as follows: Code, 92-3109 amended. (i) Dividends received by corporations from other corporations, when the corporation receiving said dividends is engaged in business in this State and subject to the payment of taxes under the Income Tax Laws of this State. Corporate dividends. Section 2. Be it further enacted by the authority aforesaid that this Act shall become effective upon its passage and approval. 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 16, 1938. INTANGIBLESCLASSIFICATION. No. 68. An Act to classify property for taxation; to levy taxes on certain classes of intangible personal property; to provide that no taxes shall be levied on these particular classes of intangible personal property other than those

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levied by this Act; to provide for the return, ascertainment, assessment and collection of these taxes and the distribution of the proceeds; to provide for exemptions; to provide penalties for the violation of this Act; to provide the purposes for which the proceeds may be spent; to require bonds in injunction suits; to require certain persons to furnish information to aid in the enforcement of this Act; to authorize proceedings in the Superior Court to obtain information for the enforcement of this Act; to conditionally commute taxes levied but not collected prior to 1938; to provide that the failure to return any bond or note shall be a complete defense to any suit on the same; to provide limitations upon proceedings to collect taxes levied prior to 1938 against intangible property; to make appropriations for administration; to declare that if any part or application of the Act shall be adjudged to be invalid such judgment shall not affect the remainder of this 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 the State of Georgia: Section 1. The Term Revenue Commission or Commission is hereby defined for purposes of this Act to mean the State Revenue Commission of Georgia or any successor agency which may be established by law; provided that, should the said Revenue Commission be succeeded by two or more agencies of the State, that agency which administers income taxes shall be deemed to be the Revenue Commission or Commission under the terms hereof. Words defined. The word person is hereby defined for purposes of this Act as including all individuals, partnerships, associations, fiduciaries and corporations, unless the context clearly implies a different definition.

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The word taxpayer for purposes of this Act is hereby defined as including all persons required by this Act to file tax returns and pay to appropriate officers or agencies of the State the taxes levied hereby. The use of the pronouns he, his, him, or himself shall be construed to refer not only to individuals but to any, every and all partnerships, associations, firms, fiduciaries and corporations coming within the purview of this Act. Intangible personal property is hereby defined for the purposes of this Act as capital stock of all corporations, money, notes, bonds, accounts or other credits, secured or unsecured, patent rights, copyrights, franchises, and all other classes and kinds of property defined by law as intangible personal property whether or not enumerated in this definition and whether or not similar to those classes enumerated. Money is hereby defined for purposes of this Act as specie, currency, and credits resulting from the deposit of money, currency, checks, bills and other evidences of such credits. Section 2. Real property (including leaseholds which are hereby classified as real property) and tangible personal property shall be taxed as now provided by law. All intangible personal property is hereby classified, in keeping with the Constitutional Amendment adopted in 1937. Franchises and all shares of building and loan associations and all shares of banks or banking associations, including Federal Land Banks, together with all moneyed capital in the hands of individual citizens of Georgia coming into competition with the business of National Banks, and accounts receivable and all notes except those representing credits secured by real estate are hereby classified to be taxed as heretofore provided by law and shall not be subject to the provisions of the following sections of this Act. Classes of property; how taxed.

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Section 3. (a) A property tax is hereby levied for the year 1938 and annually thereafter at the rate of ten cents ($0.10) on each one thousand dollars ($1,000) of the fair market value of all money as of the first day of January, without deduction of any indebtedness or liability of the taxpayer. Rates. Money. (aa) A property tax is hereby levied for the year 1938 and annually thereafter at the rate of one dollar and fifty cents ($1.50) on each one thousand ($1,000.00) dollars, of the fair market value of all notes or other obligations insured by the Federal Housing Administration (except those owned by banks) and of all notes or other obligations representing loans, secured by real estate, made by state building and loan associations and federal savings and loan associations for the purpose of financing of homes, as of the first day of January, up to the value of five thousand ($5,000) dollars each. Any fair market value thereof in excess of five thousand ($5,000) dollars shall be taxed as provided in the following subsection of this section. Notes. (b) A property tax is also hereby levied for the year 1938 and annually thereafter at the rate of three dollars ($3.00) on each one thousand dollars ($1,000) of the fair market value of all other intangible personal property as of the first day of January, (than that subject to tax under subsection (a) and (aa)), without deduction of any indebtedness or liability of the taxpayer; provided, however, that this tax shall not apply to those classes of intangible personal property explicitly excluded under the terms of section 2 of this Act. Other personalty. (c) The taxes imposed herein shall be in lieu of all other State, county, municipal, and district property taxes on intangible personal property classified for taxation at the rates specified in this section. Exclusion of other taxes.

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(d) Notwithstanding any provision of this Act, all moneyed capital in the hands of individual citizens of Georgia coming into competition with the business of national banks shall be subject to tax at the same rate which is applicable to said national banks; and it shall be the duty of the Revenue Commission, or such authority as may succeed the present Revenue Commission, to designate any intangible property reported to it under the provisions of this Act which constitutes moneyed capital in the hands of individual citizens of Georgia in competition with the business of national banks at the time the assessed valuation is certified under the provisions of this Act to be subjected to the State and local tax rates provided for real and tangible personal property and for bank shares. The Revenue Commission shall certify to the respective County Tax Commissioner or Receiver the assessed valuations of intangible property subject to local tax in each county and the said Commissioner or Receiver shall place the said intangibles which are in the hands of individual citizens of Georgia coming into competition with the business of national banks, on the local tax digest as heretofore provided by law. Competing capital. (e) Every resident or nonresident person, including partnerships whose members are in whole or in part non-residents of this State, is hereby declared to be subject to the tax imposed in this Act on so much of his property taxable under this section as shall have been acquired in the conduct of, or used incident to, business carried on or property located in this State. Each such person shall report such property and pay taxes thereon as provided by law, for citizens of this State. Persons subject. (f) Intangible property including money owned by a person domiciled in Georgia which has acquired a taxable situs and is subjected to tax in another State incident to the conduct of business located in the said other State shall not be deemed to be taxable under the provisions of this section. Taxable situs.

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Section 4. (a) Every person owning intangible personal property, classified for taxation under the terms of section 3 of this Act except those intangibles classified to be taxed as heretofore provided by law is hereby required to file a return thereof describing in detail each item, (including exempt as well as taxable property except obligations of the United States) with the Commission at the same time and in the same manner that income tax returns are required by law to be filed. Any person required by law to file an income tax return shall file with the same as a separate schedule the return required hereunder giving a description thereof in such form as the Commission may reasonably require, showing the face value of each item of such intangible personal property and such other information pertaining to said return as the Commission may reasonably require. The said schedule shall be separately sworn to and shall be filed by every owner of intangible personal property listed in section 3 irrespective of whether the said owner is required by law to file an income tax return. Provided, that intangible personal property belonging to the United States Government or to the State of Georgia or to any political subdivision thereof; intangible personal property belonging to any religious, educational or charitable organization; non-profit co-operative associations; and money belonging to persons residing outside the State of Georgia (except as provided in section 3 (e) of this Act) shall be excluded from such sworn statement and shall not be taxable. Returns in detail. Provided, however, that any person, agent, trustee, receiver or other fiduciary holding money belonging to others may make returns for such other persons and may pay the tax thereon as provided in this Act when so authorized by the person owning such money. Fiduciaries. (b) It is hereby provided that wilful failure to list any property with the State Revenue Commission for taxation as required by the terms of this Act shall be a bar to

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any action upon the same in any court and may be pleaded as a complete defense; but the holder thereof may at any time pay all taxes, penalties and accrued interest, including the twenty-five per cent (25%) penalty provided in this Act, and thereupon, without dismissal of the original suit, be relieved from the penalty above provided. Failure a bar to suit. Penalty and interest. Section 5. It is hereby provided that the schedules required under this Act to be filed with the Revenue Commission shall be subject to the rules and regulations provided for the administration of income taxes in so far as the same may be applicable and shall be subject to the same provisions of law with respect to the right of the Commission to investigate the books and records of any taxpayer or agent of any taxpayer, and shall be subject to hearings and appeals in all respects as provided by law for income taxes. Rules and regulations. The provisions of this Act shall not require any bank doing business in this State to make any returns for any taxpayer, nor pay any tax for any taxpayer. Banks. Section 6. In addition to the penalties and interest elsewhere provided in this Act, every taxpayer failing to report for taxation all intangible property which it is his duty to report under the terms of this statute shall pay an additional penalty as part of the tax imposed hereunder an amount equal to twenty-five per cent. (25%) of the original tax on property not listed. Any person who shall wilfully violate the terms of this Act or shall wilfully fail to do any act required of him hereunder shall be deemed guilty of a misdemeanor and punished as provided by law. Added penalty. Misdemeanor. Section 7. Intangible personal property owned by, or irrevocably held in trust for the exclusive benefit of, religious, educational and charitable institutions, no part of the net profit from the operation of which can inure to the benefit of any private person; the evidence of debt

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of the State of Georgia, its public institutions and its municipal corporations and subdivisions; and obligations of the United States Government are hereby exempt from the tax imposed by section 3 of this Act. The stock of corporations organized under the laws of the State of Georgia are also exempt from said tax if such corporation pays all taxes in Georgia as now provided for by law, provided that, this exemption shall in no event be construed to apply to shares of banks or banking associations (or moneyed capital in the hands of individual citizens of Georgia in competition with national banks), nor shall it be deemed to modify, amend or repeal the provisions of the property tax (including the franchise tax as applied to utility corporations) on property owned by a corporation organized under the laws of Georgia or the capital stock (license) tax applying to corporations organized under the laws of Georgia. However, should any court of last resort determine that exemption of any property provided in this Act is unconstitutional or invalid, it is hereby declared the legislative policy that this Act would have been passed had not such unconstitutional or invalid exemption been incorporated. The General Assembly hereby subjects such intangible personal property to the tax under this Act. Exemptions. Public trusts. Bonds. Stocks. Invalid exemptions. Section 8. (a) Every foreign corporation doing business or owning property in Georgia, the stock and bonds of which are subject to tax under this Act, shall on or before the first day of March of each year make a true and correct, verified report to the Commission, giving in such form as the Commission may require, the names and addresses of persons in Georgia who held its shares of stock or its registered bonds on January 1 next preceding, and in addition thereto a list of stock or registered bonds transferred from such persons between November 1 and January 1 next preceding the date of the return. Foreign corporations.

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(b) Every Georgia corporation the bonds and stocks of which are subject to tax under this Act shall on or before the first day of March of each year make a true and correct, verified report to the Commission giving in such form as the said Commission may require, the names and addresses of persons in Georgia who held its registered bonds and preferred stock on January 1 next preceding, and in addition a list of its registered bonds and preferred stock transferred from such persons between November 1 and January 1 next preceding the date of the return. (Intangible property transferred prior to January 1 to avoid the tax imposed hereunder or to secure a reduction in the rate thereof is hereby made subject to the tax levied by this Act.) Georgia corporations. (c) The Commission, if in its judgment the information is reasonably required for the administration of this Act, is hereby authorized to require any public official, corporation, co-partnership, individual, trustee or pledgee, or any class thereof, to provide a sworn statement respecting the ownership of intangible personal property, or of particular classes thereof, of which said person, or class of persons, has knowledge. Sworn statements. Section 9. The Revenue Commission or its successors in authority is hereby charged with the administration of this Act. It shall prepare the forms it deems necessary and shall make such rules and regulations as it finds desirable to enforce the provisions hereof. The Commission or its agents authorized in writing so to do may examine any books, papers, records, or other data (including information in the hands of agents or fiduciaries or other persons) bearing upon the correctness of any returns, or for the purpose of making a return where none has been made as required by this Act. Administration of this Act. If any individual, corporation, partnership, or fiduciary, or any officer or employee or member of the partnership required under this law to pay any tax, make any return,

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or supply any information, or exhibit any books or records when requested to do so by the Commission, whether with reference to their own returns or not, shall refuse to do so, the Superior Court for the county in which such persons resides shall have jurisdiction by appropriate process to compel such testimony or production of books, papers, or other data. Compulsory production of evidence. Section 10. As soon as practicable after receipt of the returns of intangible property under section 4, the Commission shall examine the said returns and fix the value of such property as can be centrally assessed. If the taxpayer shall not file a return the Commission is hereby authorized to make return for said taxpayer on the basis of information available, and to make assessments. The Commission shall certify the assessments fixed to the various County Tax Commissioners or Tax Receivers, with regard to the situs of such property, and the said County Tax Commissioners or Tax Receivers shall record the value certified by the Commission and shall make assessment of all property certified but not assessed and shall cause the aggregate values so fixed to be entered on the property tax digest of the county. At or before the time certification is made to local officials, the Commission shall notify the taxpayer of the assessment; and said taxpayer shall have fifteen days within which he may offer objection. The said Commission may, in the event of an error, make a corrected certification, but in no event shall such a correction be made after the tax has become delinquent under the terms of this Act. For this service, notwithstanding the fact that the assessment of all except localized intangible personal property is fixed by the Commission, the County Tax Receiver or Tax Commissioner shall be entitled to his usual Commissions as though he himself made the assessment. The taxes on said property at the rates fixed herein shall be collected by the County Tax Collectors subject to general provisions of law as to remuneration of the collector and to all the remedies now

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provided by law for enforcement or collection of real and tangible personal property taxes. The said intangible property taxes shall be a lien on all the property of the taxpayer with the rank provided by law for tax liens. Fixing of values, etc. Section 11. The County Tax Collector, on the basis of his records and of certificates, hereby required to be supplied by each school district, municipality and other taxing district in the county, at least monthly shall distribute the revenue collected from each owner of intangible property between the State and the various local taxing districts in the manner hereinafter set out. This plan of distribution is designed in some substantial measure to compensate taxing districts for the loss of revenues incident to the operation of the Homestead exemptions amendment to the Constitution of Georgia, adopted in June, 1937, as well as to supply revenue which the said Constitution contemplates shall be available to municipalities, counties, and other taxing districts. Distribution of revenue. (a) Revenue derived from taxes on intangible personal property the taxable situs of which is not within any incorporated municipality which maintains its own school system, any tax levying school district, or other special taxing district shall be divided between the State, the County General Funds and the County School Funds in the proportion that the aggregate millage rate for county purposes and the aggregate millage rate for school purposes and the aggregate millage rate for State purposes respectively bear to the grand total millage rate for all purposes applicable to real and tangible personal property similarly located, in each county. (b) Revenue derived from taxes on intangible personal property the taxable situs of which is not within any incorporated municipality or other special taxing district but within a tax levying school district shall be divided between the State, the County General Funds, the County School Fund, and the School Fund of the School District

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in which said property has a taxable situs in the proportion that the millage rate for State purposes, for county purposes, for county school purposes and for local school district purposes respectively bear to the grand total millage rate for all purposes applicable to real and tangible personal property similarly located. (c) Revenue derived from taxes on intangible personal property the taxable situs of which is within an incorporated municipality but not within any other special taxing district shall be divided between the State, the County General Fund and the Municipal General Fund in the proportion that the aggregate millage rate for State purposes the aggregate millage rate for county purposes and the aggregate millage rate for municipal purposes respectively bear to the grand total millage rate for all purposes applicable to real and tangible personal property similarly located; provided, however, that if the school district in which the said intangible property has a taxable situs shall make a levy separate from the municipal levy, the revenue shall be divided between the State, the County General Fund, the Municipal General Fund and the School Fund in the proportion represented by the respective millage rates. (d) Revenue derived from taxes on intangible personal property the taxable situs of which is within an incorporated municipality but not within any other special taxing district, and within a county having a county-wide school system, shall be divided between the State, County General Fund, County School Fund, and the Municipal General Fund in the proportion that the millage rate for State purposes, for county purposes, for County School purposes, and for municipal purposes respectively bear to the grand total millage rate for all purposes applicable to real and tangible personal property similarly located. (e) In the event the said intangible personal property has a taxable situs in some other special taxing district

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or districts, the division between State, County, School, Municipal and other special taxing districts shall be in the proportion represented by the respective aggregate millage rates applicable to real and tangible personal property similarly situated. The tax levied in section 3 hereof shall be deemed to be levied by the participating taxing authorities in the proportion that the millage rate of each participating taxing authority bears to the aggregate millage rate of all of the participating taxing authorities. Provided that, in the event any distribution or part thereof as herein provided shall, for any reason be adjudged to be invalid, such distribution or part thereof, so invalidated, shall be paid into the State Treasury in the same manner and for the same purposes as hereinafter provided in section 12 as to the State's share of the revenues derived from the tax imposed by this Act. Provisos. Provided further that, in the event any distribution or part thereof, as provided herein to be made to municipalities or counties, shall be adjudged to be invalid, the political sub-divisions affected and all other sub-divisions of the same class throughout the State shall be entitled and empowered to impose taxes upon the classes of property, included within this bill, as now provided by law. Provided, however, that in no event shall any political subdivision or taxing authority, levy a tax on intangible property classified and taxed under this Act and not classified to be taxed as now provided by law, at a rate in excess of 20% of the rate levied by such political subdivision or taxing authority on tangible property. Section 12. The State's share of the revenue derived from the taxes imposed by section 3 of this Act shall be covered into the State Treasury. For the administrative cost of this Act and for expense thereof the Governor may authorize the Revenue Commission, to expend an amount equal to the actual expenses of administering this Act, which shall in no event exceed the sum of 1% (one per cent) of the State's share of the revenue derived from this Act. State's share.

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Section 13. 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 County Tax Collection in double the 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 petitioners does not finally prevail in his effort to resist the payment of the said tax; and it shall be the duty of the Tax Collector to bring suit on said bond and distribute the amount recovered according to the provisions of section 11. Bond on injunction. Section 14. The owner of any class of intangible property taxable under section 3 of this Act, who failed to return such property for taxation in any year prior to 1938, shall be subject to taxes for all prior years within the statute of limitation in the same manner and under the same rules and regulations as heretofore required by law. Except that any taxpayer who complies with the requirements of this Act by making a true return of his intangible property as specified in section 4 of this Act by March 15, 1938, shall not be required to pay tax on any such intangibles for years prior to 1938, on which no return or assessment has been made or on which no litigation has been instituted either by the taxing authorities or the taxpayer prior to January 1, 1938. Such omitted taxes upon the taxpayer's compliance with the provisions of this Act are hereby declared to be barred as by a statute of limitation. Non-returns in previous years. Section 15. Be it further enacted that each provision and section of this Act be and the same is hereby separately enacted and if any clause, sentence, paragraph, part or application of this Act shall for any reason be adjudged to be invalid, by any court of competent jurisdiction, such judgment shall not affect, impair, or invalidate

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the remainder of this Act, but shall be confined in its operation to the clause, sentence, paragraph, part or application thereof directly involved in the controversy in which such judgment shall have been rendered. Saving clause. Section 16. All laws and parts of laws in conflict with this Act are hereby repealed but only to the extent that they are in conflict with this Act. Approved December 27, 1937. INTANGIBLE-TAX RETURNSAMENDING ACT. No. 374. An Act to amend an Act entitled An Act to classify property for taxation; to levy taxes on certain classes of intangible property, etc., enacted at the Extraordinary Session of the General Assembly of 1937-1938, approved December 27, 1937, by adding to section 4 thereof a new subdivision after subsection (b) to be known as subsection (c), providing banks may make returns and pay taxes for taxpayers; by adding to the Act a new section to be known as section 14(a), providing that State chartered banks and savings and loan companies submitting to examination by the Superintendent of Banks shall be taxed as heretofore and not under the terms of the said Act; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act of the General Assembly of Georgia, enacted at the Extraordinary Session of 1937-1938, and approved December 27, 1937, entitled An Act to classify property for taxation; to levy taxes on certain classes of intangible personal property; to provide that no taxes shall be levied on these particular classes of intangible personal property other than those

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levied by this Act; to provide for the return, ascertainment, assessment and collection of these taxes and the distribution of the proceeds; to provide for exemptions; to provide penalties for the violation of this Act; to provide the purposes for which the proceeds may be spent; to require bonds in injunction suits; to require certain persons to furnish information to aid in the enforcement of this Act; to authorize proceedings in the Superior Court to obtain information for the enforcement of this Act; to conditionally commute taxes levied but not collected prior to 1938; to provide that the failure to return any bond or note shall be a complete defense to any suit on the same; to provide limitations upon proceedings to collect taxes levied prior to 1938 against intangible property; to make appropriations for administration; to declare that if any part of application of the Act shall be adjudged to be invalid such judgment shall not affect the remainder of this Act; to repeal all laws and parts of laws in conflict with this Act; and for other purposes, be and the same is hereby amended by adding to section 4 thereof a new subsection to be known as subsection (c) and to read as follows: (c) Any bank or trust company organized under the laws of this State or the United States, having on deposit with it money subject to taxation under the terms of this Act, may make return to the Commission for one or more taxpayers of the aggregate amount of such money on deposit with such bank owned by said taxpayer or taxpayers and may pay the tax thereon, when authorized to make such return by the taxpayer. A return by a bank or trust company shall state the aggregate amount of money on deposit with it subject to taxation under this Act owned by the one or more taxpayers authorizing the bank to make such return. The return shall state also the amounts of such money as shall have a taxable situs in each county, municipality or special taxing district in which any such money has a taxable situs. If a

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bank or trust company elects to make such return and pay such tax, any person having money on deposit therewith on which the bank has made a return and paid the taxes, shall be deemed to have made a return of his money for taxation hereunder, if he states in his return required by this Act, the name of the bank or trust company authorized to make such return of money for taxation and pay the tax thereon. Provided the amount of tax paid by any bank for any taxpayer, shall be charged to the account of such taxpayer. Banks and trust companies. Returns. Section 2. That said Act approved December 27, 1937, be further amended by adding a new section to be known as section 14 (a), to read as follows: Section 14 (a). Notwithstanding any other provision of this Act, banks chartered under the laws of this State or of the United States and savings and loan companies or associations organized under the laws of this State, which accept funds for deposit and submit to examination by the Superintendent of Banks of this State, shall be taxed as heretofore provided by law. Neither such banks nor such savings and loan companies or associations nor their assets shall be subject to the provisions of this Act. Provided, however, that nothing contained in this section shall be construed to exempt from the provisions of this Act any person, partnership or corporation licensed under the provisions of chapter 25-3 of the Code of 1933 to carry on a small loan business. Taxation of banks, etc. Section 3. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved February 16, 1938.

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MALT BEVERAGESAMOUNT OF TAX. No. 10. 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, etc. as appears in the Georgia Laws of 1935 on pages 73 to 81, inclusive, as amended by the Act approved March 30, 1937, as appears in the printed Georgia Laws of 1937, pages 148 to 154, inclusive, by striking section 5 of the original Act as amended and substituting in lieu thereof a new section 5 providing for a license or excise tax upon dealers in malt beverages by fixing the tax at four dollars and fifty (\4.50) cents where sold in or from barrels, and by fixing the tax where sold in bottles, cans, or other containers at two cents (2c) for each twelve (12) ounces or a fractional part thereof; and by providing the method of paying license fees by brewers, wholesale dealers, and retail dealers annually, to provide for the expiration date of this amendment; 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 as follows: That an Act of the General Assembly of Georgia approved on the 23rd day of March, 1935, respecting malt beverages, as amended by the Act approved March 30, 1937, and referred to in the caption hereof be and the same is hereby amended by striking from said original Act section 5 as amended by the Acts of 1937 and inserting in lieu thereof a new section 5 to read as follows: Act of 1935 amended. Section 5. Be it further enacted by the authority aforesaid, that there is hereby imposed upon the business of selling malt beverages an excise tax in the sum of four dollars and fifty cents (\4.50) for every container

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sold as hereinafter specified, containing not more than thirty-one (31) gallons, and at a like rate for fractional parts, where the beverage is sold in or from a barrel or bulk container, such beverage being commonly known as tap or draft beer, and where the beverage is sold in bottles, cans, or other containers, and not sold in or from a barrel or bulk container as above specified, there is hereby imposed upon the business of selling malt beverages an excise tax in the amount of two cents (2c) for each twelve (12) ounces or fractional part thereof; provided there shall be no excise tax on sales of malt beverages sold to persons outside of this State for resale or consumption outside of this State. There shall be paid by every brewer, wholesale dealer and retail dealer the following annual State License Tax or Registration Fees: New sec. 5. Amount of excise tax. For brewers, one thousand dollars ($1,000.00). For wholesale dealers, five hundred dollars ($500.00). For retail dealers, ten dollars (\10.00). Said fees shall be paid on each place of business operated and shall be paid to the State Revenue Commissioner when such brewer, wholesale dealer or retail dealer enters business, and annually thereafter, so long as such business is operated and conducted. Section 2. Be it further enacted that this Act shall continue in force until the 30th day of June, 1939, but that after that date the licenses and taxes as imposed in an Act approved March 23, 1935, entitled An Act to provide a license and excise taxes upon the business of dealers in malt beverages; to allocate funds derived from such taxes and so on as appears in the Georgia Laws of 1935 on pages 73-81, inclusive, as amended by the Act approved March 30, 1937, as appears in the printed Georgia Laws of 1937, pages 148-154, inclusive, shall again become effective and shall thereafter remain in full force and effect until altered or repealed by the General Assembly. Approved December 13, 1937.

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MALT BEVERAGESCROWN-TAX RATE. No. 404. An Act to amend general tax Act, paragraph ten (10) thereof (Georgia Laws 1935, pages fifteen (15) and sixteen (16)), so as to provide for a tax on auctioneers for the sale of certain products and commodities; to provide that the tax paid crowns or lid crowns required by law to be attached or affixed to bottles or cans containing malt beverages shall be at the rate of two (2c) cents for each can or bottle containing twelve (12) fluid ounces or proportionally thereof, so as to graduate the tax on bottles or cans of various sizes; and for other 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, paragraph ten (10) of the general tax Act of 1935 (Georgia Laws 1935, pages fifteen (15) and sixteen (16)), be and the said paragraph is hereby stricken in its entirety, and in lieu thereof a new paragraph number ten (10) to read as follows: Act of 1935 amended. Paragraph 10. Auctioneers. Upon each and every auctioneer selling by auction in this State jewelry, junk, furniture, and household goods, live-stock, except as hereinafter provided, farm implements and produce, and real estate, ten ($10.00) dollars for each day's sale in county in which he conducts said sale. Provided, however, that this section shall not apply to sheriffs and attorneys at law conducting sales under power of sale or other legal sale for their clients, and commissioners conducting sales by virtue of the order of any court of this State, nor to auctioneers of tobacco or other farm products, nor to auctioneers of live stock at regular stationary markets at which only live stock are sold for or to farmers. Auctioneers. Proviso.

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Section 2. Be it further enacted by the authority aforesaid, that the tax paid crowns or lid crowns required by law to be attached or affixed to bottles or cans containing malt beverages shall be at the rate of two (2c) cents for each can or bottle containing twelve (12) fluid ounces or proportionally thereof, so as to graduate the tax on bottles or cans of various sizes, and that the caption of the bill be amended so as to correspond with section 2 of this Act. Crowns on bottles. Section 3. Be it further enacted by the authority aforesaid that all laws and parts of law in conflict with this Act be and the same are hereby repealed. Approved February 16, 1938. PERSONAL PROPERTY TAX EXEMPTION. No. 8. An Act to provide for exemption of taxation to the owner of personal property; to fix the amount of such exemption; to provide for the time and manner of exempting said personal property; to provide for personal property application blanks; to provide for a record of exempted property; to provide penalties for fraudulent Acts and for the repeal of existing laws; 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 beginning January 1, 1938, the owner shall be exempted from all taxation, State, county, municipal and school purposes, upon all clothing, household and kitchen furniture, and all other personal property used and included solely within the home, domestic animals, tools and implements of trade of manual laborers in the amount

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of three hundred ($300.00) dollars in actual value, the said amount of three hundred ($300.00) dollars of actual value to be exempted from taxation as hereinafter provided. $300 exemption of personalty. The word owner, whenever used in this Act, shall mean and be limited to the following: Words defined. (a) A husband or wife actually living together but not both. (b) A person who is unmarried but permanently maintains a home for the benefit of one or more persons who are morally or through relation to him or her dependent wholly or in part upon him or her for support. (c) A widow or widower having one or more children and maintaining a home occupied by them; or maintaining and occupying a home for said widow or widower. (d) A divorced husband or wife living in a bona fide state of separation and having legal custody of one or more of their children owns and maintains a home for said child or children. (e) A person who is unmarried but permanently maintains a home occupied by himself or herself. This exemption shall not include motor vehicles of any description. Section 2. The exemption of property provided for by this Act shall not be exempted from taxation until and unless the persons seeking said exemption shall on or before April 1st of each year in which the exemption for taxation is sought, file a written application and schedule with the official or the county and/or municipality of his residence charged with the duty of receiving property for taxation for county purposes and/or municipal purposes.

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Section 3. The application provided for in this Act shall be furnished the official of the county charged with the duty of receiving property returns for taxation by the Comptroller General, and the application shall be furnished the official of the municipality charged with the duty of receiving property returns for taxation by the proper municipal authorities. Said application shall cover all personal property owned by applicant which comes within the classifications provided for in this Act. Said application shall provide for an itemized list of all the principal items of such property, together with the actual value of same at the time application is filed. All other miscellaneous items of property not listed in detail shall show the actual value of same at the time said application is filed. Said application shall contain such other information not inconsistent with the provisions of this Act that may be deemed necessary, together with a form of oath which may be administered and witnessed by the official receiving said application or any authorized deputy or any officer authorized by law to administer oaths. Application for exemption. Section 4. That it shall be the duty of the said county and/or municipal offical to keep available a supply of the prescribed application forms, and to deliver one to any person who requests it. The said county and/or Municipal official shall receive all applications for exemptions and file and preserve the same. Said applications to be filed at the same time and place that tax returns on property subject to taxation is made and filed. Forms. Section 5. If the official receiving said application is dissatisfied with the valuation of any item or items thereof, he shall place such values in their stead as he thinks just and lawful and in cases where the total value of listed items as corrected by him exceed the exemption provided for in this Act notify the owner of his action, either personally or by mail, and the value so determined shall be

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final, unless the owner within ten days from the date of said notice, demands in writing an appeal to the Board of Tax Assessors of the county or municipality, with the right of appeal from the decision of the Board of Assessors to the Superior Court as is provided in appeals from the Court of Ordinary. Values. Appeals. Section 6. The total value of personal property as finally determined shall be credited with the exemption provided by law and the remainder, if any, shall be the taxable value of owners' personal property coming under the classification provided for in this Act, for the current year, to be returned for taxation as other personal property. Credit. Section 7. Whoever knowingly makes a wilfully false statement or representation, or by any fraudulent ways or means obtain, or attempt to obtain, any exemption from taxation of any property of which he is not the rightful owner, or which is not legally exempted under the Constitution and Laws of Georgia, or any person who aids or abets any person in the violation of this Act, shall be guilty of a misdemeanor, and punished as such. Falsity a misdemeanor. Section 8. If any provisions of this Act, or the application thereof to any person is held invalid, the remainder of the Act, and the application thereof shall not be affected thereby. Invalid parts. Section 9. That if any portion of this Bill be declared unconstitutional such portion so declared shall not invalidate the remainder of this Act. Section 10. All provisions of law in conflict with this Act are hereby repealed. Approved December 14, 1937.

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ROLLING-STORE MOTOR VEHICLESMAINTENANCE TAX. No. 398. An Act to provide for the levy of a maintenance tax for State purposes on motor vehicles operated as a rolling store; to define the terms rolling store and motor vehicle as used in this Act; to prescribe the amount of tax to be levied on each and every rolling store operated in this State; to provide that the tax levied by this Act shall be in addition to all other taxes levied under existing laws; to require the State Revenue Commission to collect the tax levied by this Act and upon payment thereof to issue permits to the persons making payment of such tax; to provide for the enforcement of this Act by the issuance of executions and for defenses thereto; to provide that the operation of a rolling store in any county of the State without paying the tax shall be a misdemeanor and prescribe punishment therefor; to allocate and to appropriate the money arising from this tax to the Highway Department to be used for the purpose of constructing and maintaining the rural post roads under their jurisdiction; to provide for certain exemptions; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same: Section 1. That in order to construct and maintain the rural post roads of this State and to require those using said roads for the conduct of business to pay a portion of the cost of maintaining the same, there is hereby levied upon each motor vehicle used as a rolling store as hereinafter defined from or at which goods, wares, merchandise or commodities of any kind or description are sold or offered for sale at retail, an annual license on the following basis: State licenses.

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One-half ton manufacturers rated capacity truck or passenger carrying vehicle not exceeding five passenger capacity twenty-five ($25.00) dollars per year or any fraction thereof. More than one-half ton manufacturers rated capacity truck and not exceeding one ton manufacturers rated capacity truck fifty ($50.00) dollars per year or any fraction thereof. In excess of one ton manufacturers rated capacity truck one hundred ($100.00) dollars per year or any fraction thereof. Provided, however, that any county may levy a license tax upon each rolling store operating within the county levying the same a license fee or tax not exceeding the tax prescribed by this bill for the State. It being the legislative intent that such counties may or may not levy such tax as herein provided at the discretion of the county authorities in each county. It is further provided that a trailer shall bear the same license as the unit drawing same. County licenses. Section 2. Definitions. The term rolling store as used in this Act shall be held to mean and include a motor vehicle of any kind or description traveling from place to place over the public roads and highways of the State of Georgia transporting goods, wares, merchandise, or other commodities and from or at which such goods, wares, merchandise, or other commodities so transported are sold or offered for sale at retail or exchange for goods, wares, or products of any kind or character whatsoever. Words defined. The term motor vehicle as used in this Act shall mean and include any vehicle, machine, tractor, trailer, or semi-trailer, propelled or drawn by mechanical power. The term retail as used in this Act is hereby defined as sales made to the ultimate consumer in small quantities.

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Section 3. The tax prescribed by this Act shall be levied in addition to ad valorem tax, tag fees or any other tax or license fee prescribed, levied or exacted under existing laws not in conflict with this Act. Section 4. There is expressly excluded from the provisions of this Act vehicles used exclusively for the sale or delivery of ice, coal, dairy products, including cheese and ice cream, soft drinks, malt beverages, furniture, petroleum and its products, tobacco and its products, farm products (farm products being sold by the producer himself), bread or other bakery products, nuts, potato chips, sandwiches, and meats derived from animal products. Vehicles excluded. Section 5. It shall be the duty of the State Revenue Commission to collect the tax prescribed and levied by this Act, and every person proposing to engage in the business of operating a rolling store or rolling stores as defined by this Act and not exempted hereunder shall, before engaging in such business, file application with the State Revenue Commission of Georgia for a permit so to do, and shall pay the tax prescribed by this Act. Said Commission shall be authorized to issue executions against all persons in default in the payment of such tax as prescribed in section 92-7301, Georgia Code of 1933, which shall be enforced as prescribed by said section and shall be subject to the defenses as therein provided. Collection. Executions. Section 6. Any person who shall in the State of Georgia operate or conduct a rolling store or rolling stores in any county thereof without paying the tax levied by the terms of this Act shall be guilty of a misdemeanor and upon conviction in any court of the State of Georgia having jurisdiction shall be punished as prescribed in section 27-2506, Georgia Code of 1933. Penal law. Section 7. The revenue derived from this Act less one (1%) per cent. thereof which is appropriated and set aside for the enforcement of this Act, is hereby allocated

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and appropriated to the State Highway Department, or whatever board or bureau may be created as its successor, to be used for the purpose of constructing, repairing and maintaining the rural post roads of Georgia under the supervision of the Highway Department of this State. This allocation and appropriation of funds is made in addition to any fixed sum appropriation or allocation made in any appropriation Act now effective or which may become effective in the future and shall in no event be construed as including in any fixed sum appropriated to the State Highway Department or/its successor. Allocation of revenue. Section 8. Be it enacted further that the State Revenue Commission be and it is hereby authorized and required to prescribe rules and regulations for the proper enforcement of this Act and to that end is hereby empowered to require each operator of a rolling store to make written application to be executed before an officer of the State authorized to administer oaths and set forth in said application a description of the motor vehicle intended to be used as a rolling store, giving the weight of said vehicle together with the maximum actual weight of such vehicle and load combined. Said Revenue Commission is hereby empowered to require that such application give the name and residence of the owner and operator of such motor vehicle and any other information necessary to a proper enforcement of this Act. It shall be the duty of each operator of a rolling store to pay the tax hereby levied at the time of making application for permit and such permit shall be at all times posted in a conspicuous place on said motor vehicle accessible to the officers of the State whose duty it shall be to enforce this Act. Rolling store. Applications. Section 9. All laws and parts of laws in conflict with this Act be and they are hereby repealed. Approved February 16, 1938.

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STAMP TAXES AND TAGS, PURCHASE OF. No. 368. An Act to provide that the purchase of cigarette tax stamps, fertilizer tax tags, and all other stamps, tags, or paraphernalia evidencing the payment of tax to the State of Georgia or any department thereof has been paid shall be purchased by the State Purchasing Department and held subject to the requisition of the department requiring the said stamps for use by it in the collection of tax; and for other purposes. Be it enacted by the General Assembly of Georga: Section 1. All cigarette tax stamps, fertilizer tax tags, and other stamps, tags and paraphernalia evidencing the payment of tax collected by the State or any department thereof shall be purchased by the State Purchasing Department subject to the requisition of any department of State requiring the use of the said tax stamps or tags. State Purchasing Department. Section 2. Any department requiring tax stamps or stamps, tags or paraphernalia aforesaid from the State Purchasing Department shall make a requisition therefor to the said Purchasing Department upon forms prescribed by it, which said requisition shall be delivered to the State Auditor for compilation and check. That the tax stamps, fertilizer tax tags, or other stamps, tags or paraphernalia described in this Act and purchased by the State Purchasing Department shall be paid for by the department for whose use they are purchased. Requisitions. Section 3. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 12, 1938.

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TAXPAYERS' NAMESALPHABETICAL LIST. No. 268. An Act to require the tax-receivers in all counties in this State having a population of not less than 70,000 and not more than 100,000 inhabitants by the United States Census of 1930, or any future United States Census, to list in the white and colored digests respectively the names of the taxpayers in continuous alphabetical order in said digests according to the names of the taxpayers, without segregation by militia districts or other local subdivisions. Section 1. 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 tax-receivers of all counties in this State having a population of not less than 70,000 and not more than 100,000 by the United States Census of 1930, or any future United States Census, be, and they are hereby required to list in the white and colored digests respectively the names of the taxpayers in continuous alphabetical order in said digests according to the names of the taxpayers, without segregation by militia districts or other local subdivisions. Lists in white and colored digests. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 2, 1938. WINESREGULATION AND TAX. No. 395. 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

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ries 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 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; approved March 30, 1937, and contained on pages 851 to 861 of the Acts of the General Assembly of 1937, by striking certain words and sections from said Act, by striking section 3 of said Act in its entirety and substituting in lieu thereof a new section to be numbered section 3, and by amending paragraph (b) of section 4 by striking said paragraph (b) of section 4 in its entirety and substituting a new paragraph (b) to section 4; 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 section 3 of the Act of the General Assembly of Georgia approved March 30, 1937, as set out

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in the caption of this Act, be and the same is hereby stricken in its entirety and a new section to be numbered 3 is substituted in lieu thereof, as follows: Act of 1937 amended. 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: New sec. 3. (a) On domestic wines having an alcoholic strength of not more than 14% alcohol by volume5c per gallon. On domestic wines of between 14% and 21% alcoholic strength by volume30c 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. Amounts of tax levies. (b) On foreign wines having an alcoholic strength of not more than 14% alcohol by volume40c per gallon. On foreign wines between 14% and 21% alcoholic strength by volume 60c per gallon. Foreign wines are hereby 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 2. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that paragraph (b) of section 4 of said Act as the same appears on page 854 of the Acts of 1937, be and the same is hereby stricken and a new paragraph (b) is substituted, to read as follows: (b) Upon each grocery store in this State engaged in selling a general line of groceries, and which sells natural Georgia wines under 14% alcohol by volume, in bottles or in broken case lots, and not by the drink, the annual

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license fee shall be one dollar ($1.00); and upon all other persons retailing wines, either by the drink or by the bottle or in broken case lots, the annual license fee shall be five dollars ($5.00). Section 3. Nothing in this amendment shall be construed to change the law with reference to license fees by counties and municipalities. Section 4. It shall be unlawful to possess or sell synthetic wines. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 16, 1938.

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TITLE IV. GOVERNMENT. ACTS. Employment of Aliens Prohibited. General Assembly Extra Session. Herty FoundationPaper-Pulp Industry. Penal Administration Board. Prison and Parole Commission. Prison Commission Ex-Officio Membership Abolished. Senate Confirmation of Appointments. EMPLOYMENT OF ALIENS PROHIBITED. No. 376. An Act to prohibit the State of Georgia or any department thereof or any political subdivision thereof from employing in any agency of the State of Georgia or in any of its departments or political subdivisions any alien except where there is no qualified American citizen available. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that from and after the passage of this Act that no department of the State Government or any political subdivision thereof shall employ any alien for any purpose until a thorough investigation has been made and it is ascertained that there is no qualified American citizen available to perform the duty desired by the State of Georgia, any department thereof or any political subdivision thereof. Aliens barred. Section 2. Be it further enacted that any department-head or any official of any political subdivision in this State that violates the term of this Act shall be subject to removal from office by the Governor of the State. Officer removable.

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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 February 16, 1938. GENERAL ASSEMBLY EXTRA SESSIONS. No. 205. An Act to provide the manner in which the General Assembly of Georgia may convene itself in emergency or extraordinary session; to provide a limit upon such session; to fix the percentage of members necessary to effect the convening of such session of the General Assembly; to define the duties and powers of the Governor of the State in connection with such session; 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 and when three-fifths (3/5) of the members elected to the House of Representatives and three-fifths (3/5) of the members elected to the Senate shall have certified to the Governor of the State of Georgia, in writing, by telegram or in person, that in their opinion an emergency exists in the affairs of the State of Georgia, it shall thereupon be the duty of the Governor of Georgia, and mandatory upon him within five (5) days from the receipt of such certificate or certificates, Sunday excluded, to convene the General Assembly in extraordinary session for all purposes, as if convened in any regular session provided for by law. Legislative opinion of emergency. Governor's duty. Section 2. Be it further enacted that in the event said Governor shall, within said time, Sundays excluded, fail or refuse to convene said General Assembly within

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said time, then and in that event said General Assembly may convene itself in extraordinary or emergency session, as if convened in regular session, for all purposes. Self-convening. Section 3. The duration of such extraordinary or emergency session shall be limited to a period of thirty (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. Time limit. Section 4. If any officer or officers of either branch of the Assembly shall fail or refuse to perform any of his duties in completing the organization of such emergency session, his office may, upon the majority vote of the membership of either branch be declared vacant (as often as may be necessary) and his successor elected as provided by the rules of the General Assembly. Officer's failure in duty. Section 5. 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 of members. Section 6. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved January 17, 1938. HERTY FOUNDATIONPAPER-PULP INDUSTRY. No. 381. An Act to create a Board to be known as the Herty Foundation; to provide for the appointment of five trustees who are to constitute the Board of Trustees of said

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Herty Foundation; and to fix their terms of office, and for the appointment of their successors; to define their duties and powers; 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 General Assembly of Georgia being fully mindful of the great opportunity existing in the southeast for the establishment of a profitable business in the development of our forests and the pulp paper industry, and in recognition of the outstanding and patriotic services and accomplishments of a native Georgian, Hon. Charles H. Herty, in pulp and paper experimental work conducted at Savannah since 1932, and desirous of not only continuing this great work, but of broadening same to the point where the entire southeast might share equally in the benefits to be derived from a continuation of same, do by this Act register the enthusiastic appreciation of the services of Dr. Herty and the benefits of the experiments made. Legislative declaration. Section 2. There is hereby created and established a Board to be known as the Herty Foundation to be composed of five trustees to be appointed by the Governor, one for one year, one for two years, one for three years, one for four years and one for five years, and their successors to be named for five year terms, with power to accept donations, bequests and appropriations from this State or any other State or any subdivision thereof, or any individual or corporation. Said Foundation to have the right and power to accept and hold title to the equipment of every kind now being used at Savannah, Georgia, or elsewhere; to acquire and own realty and personal property regardless of where located, and to do generally, such acts and things as are found necessary to promote and advance the basic purpose of said foundation which is declared to be to experiment in pulp wood of all kinds and to discover and determine uses for which same are adaptable,

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and to permit those States, subdivisions, corporations and individuals who contribute to the maintenance and support of said foundation to share fully and equally in the accomplishments and services of said foundation. Board created. Powers. Section 3. Be it further enacted that when the Governor shall have appointed said Board of five as hereinbefore provided, said Board shall be empowered and authorized to provide for a Board of Directors and control same; and they are hereby created a body politic and corporate, with perpetual succession of members for the purposes aforesaid, and as such shall have full power and authority to establish from time to time, modify a system of experimentation in pulp wood, to make by-laws for their own government, and rules and regulations for the government of the director and employees, and to contract with all necessary employees for the successful operation of said Foundation, to sue and be sued by the name and style aforesaid, and to have and use a common seal, and generally shall be clothed with all the rights, powers and privileges incident to corporations, and necessary or convenient for carrying out the purposes of their creation. Appointment. Corporate powers. Section 4. This Foundation is hereby declared to be a public Foundation created and designed and intended for the purpose of rendering services to the citizens, not only of Georgia, but in equal manner and to the same extent to the citizens of the other States of the South. They are authorized as aforesaid, to accept funds appropriated for their use by the General Assemblies of any of the States. And in consideration of such appropriation, are empowered to conduct within the limits of their equipment experimentation on any pulp wood peculiarly beneficial to the various States making such appropriation. They are hereby required to permit the citizens of those States or subdivisions contributing to the support of said Foundation, to visit and go upon the premises, observe the experiments, and in general, to exercise and enjoy a full and

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free privilege at and around experimental stations. And they are directed after making experiments for other States or for this State who contribute to the support of same, or to the citizens of such State, a full and intelligent report of the result of such experimentation. Intent of Foundation. Section 5. If at any time any other State making financial contributions or appropriations to the support of this Foundation desires to be represented on the Board of Directors, authority is hereby given to the Governors of such other States to appoint as many as one (1) citizen of his State to become directors of said Foundation, who shall upon being thus appointed, have and enjoy the same rights and powers as the five original members as herein provided for, provided, that when any State ceases for a period of one year to contribute to the support of said foundation, the members of the Board of Directors appointed by such State shall automatically cease to be members of said Board, or to enjoy or exercise the powers of such director. Provided, however, no suit or process shall be deemed served upon said Foundation by service upon any person other than one of the five trustees herein provided, the five trustees and the one Director, from each State making contributions, shall constitute the Board of Directors each of whom shall have equal voice in the operation of this Board; however, the title to the properties of said Board shall be vested in the five trustees whose residence shall be in Georgia, and their successors in office, the venue to all court actions to be in the State of Georgia, the rules and regulations with reference to the county in which suit may be brought and the proceedings regarding service to be as now provided by law. Provided, however, that in the event said Foundation be dissolved the assets of said Foundation revert to the State of Georgia. Directors from other States. Service of suits. Title to property. Section 5-A. The Board of Trustees as provided in this bill shall have authority as they may, in their discretion,

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to extend support to other individuals or foundations in experimental work with pulp wood of all kinds. Support. Section 6. It shall be the duty of the State Auditor to audit the books and accounts of said Foundation, and to submit said audit to the Governor who shall transmit the same to each regular session of the General Assembly. Audit of accounts. Section 7. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 16, 1938. PENAL ADMINISTRATION BOARD. No.228. An Act to create a State Board to be known as The State Board of Penal Administration; to provide for the number of members to compose said Board, their qualifications and for their appointment and term of office; for the appointment of their successors and the filling of the vacancies by death, resignation, expiration of terms or otherwise; to prescribe the duties and powers of said Board, and the effective date when this Act shall become operative; to provide no member of the General Assembly shall hold office on or be appointed under this Act during term of office in General Assembly; to provide for the separate enactment of each provision of said Act; to repeal all laws and parts of laws in conflict with the provisions of this Act; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same: Section 1. There is, hereby, created a State Board to be known as the State Board of Penal Administration to be composed of five (5) members, no two, at the time of

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their appointment, shall be of or from the same profession or vocation, but they shall be bona fide citizens of this State. They shall be appointed by the Governor with the approval of the Senate. State Board created. Section 2. The members of said Board shall draw no salaries and shall receive no emoluments of office other than ($7.00) dollars per diem while actually engaged in the performance of duties as members of said Board, and actual expenses, including traveling expenses while engaged upon official business of said Board; that the gross compensation to the State Board of Penal Administration shall be limited to not more than $2500 per year. Pay per diem. Section 3. The Governor shall appoint to said Board one member whose term shall expire January 1, 1939; one member whose term shall expire January 1, 1940; one member whose term shall expire January 1, 1941; one member whose term shall expire January 1, 1942; one member whose term shall expire January 1, 1943. After the first original appointments have expired, thereafter, each appointment shall be for a full term of five (5) years. Any vacancy occurring on the Board shall be filled for the unexpired term by appointment of the Governor, such appointment to be subject to approval of the Senate. Terms of office. Section 4. The Board shall elect one (1) of its members as Chairman who shall serve at the pleasure of the Board, and the Board is authorized to employ a director of Penal Administration who shall discharge the duties of Executive Secretary to the Board, and authority is given to the said Board to employ such other persons as are necessary for the discharge of the powers, duties, and authorities of said Board. Chairman. Director. Section 5. The said Board of Penal Administration is hereby empowered with full and complete authority, supervision and control over all misdemeanor and felony prisoners in the penal institutions of this State as provided

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by law except that all authority relating to the granting of parole, probation, conditional pardon, pardon, or other act of clemency, the supervision of parolees and probationers, shall be exercised by the State Prison and Parole Commission. Powers. Section 6. The State Board of Penal Administration is hereby authorized and empowered to establish such industries, and manufacture products permitted by law, to make necessary agreements and arrangements with other departments, institutions and agencies of the State and its political subdivisions thereof pertaining to the labor and services of convicts; to make all rules and regulations pertaining to and concerning the reception, safe-keeping, care, custody, employment, assignment, re-assignment, and control of all felony and misdemeanor prisoners in this State. Manufactures. Section 7. The State Board of Penal Administration shall hold its meetings at the Tattnall County Prison or such other places and at such times as may be deemed necessary and shall assemble upon the call of the Chairman of the Board or by a written request by a majority of said Board, a majority of said Board shall constitute a quorum to transact all business. Meetings. Section 8. The said Board of Penal Administration shall have power and authority to conduct State Penal farms, to construct all roads and other methods of transportation, and to build or recondition all necessary buildings incident to the needs of the said Board in carrying out the duties imposed upon it by this Act or future Acts amendatory hereof and said Board shall have full and complete authority to install such industries as they deem proper and such as is by law permitted. Farms. Roads. Buildings. Section 9. The said Board shall be authorized and is hereby empowered to receive all moneys for products of any and all industries or activities conducted by said Board and it shall be the duty of said Board to provide

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and keep a strict account of any and all of such moneys and to transmit the same at the close of each month to the State Treasury where said funds shall be kept in a separate fund to be known as the State Penal Administration Fund, from which fund the expenses of the upkeep and maintenance of the activities of the said Board shall be paid, on the voucher of the Chairman of said Board, the Executive Secretary of said Board and countersigned by the Governor. Said receipts and expenditures of said Board shall be audited by the State Auditor as is by law required of other State Agencies and Boards. The Treasurer of said State Penal Administration shall give good and sufficient bond, payable to the Governor of the State of Georgia and his successors in office in the sum of $50,000.00 conditioned upon such treasurer's faithful accounting for all money and property of the State coming into his hands. Account of moneys. Payments. Audits. Bond of treasurer. Section 10. The State Board of Penal Administration shall make an annual report of its Acts and doings to the Governor, who shall transmit the same to the General Assembly. Annual reports. Section 11. This Act shall become effective February 15, 1938. Effective date. Section 12. Each and every provision and section of this Act is separately enacted and should any provision or section of this Act be held invalid for any reason, it is hereby, declared the intent and purpose that the remaining valid provisions of this Act shall be of full force and effect. Separate enactments. Section 13. All powers and duties heretofore delegated to the Prison Commission of the State of Georgia and which are not specifically delegated to the State Prison and Parole Commission, having to do with the care, custody, control, assignment and employment of prisoners, are hereby vested in the said Board of Penal Administration,

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in this Act created; provided nothing herein shall grant authority to or authorize the State Board of Penal Administration or any member thereof or any employee thereof to exercise any power or authority either directly or indirectly the recommending or granting of pardons, paroles or probations, except that the State Board of Penal Administration shall in no event have or exercise any jurisdiction over the appointment of county wardens other than that heretofore had and exercised by the State Prison Commission. Powers and duties. Section 14. Nothing herein contained shall be construed so as to authorize or permit the said Board to set up or operate any business, whether industrial or agricultural, for sale of such products to the public in competition to private industry or agricultural activities,except for the needs of the State, its subdivisions, institutions, agencies and departments, and the labor used therein shall be primarily prison labor. In the manufacturing of products for the aforesaid limited purposes no free labor shall be employed except foremen, electricians and necessary professional employees. Section 15. Provided, that no member of the General Assembly shall be eligible or qualified to hold any office or any appointment whatsoever under this bill, during the term for which said member has been elected, as such member of the General Assembly. Section 16. 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 January 24, 1938.

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PRISON AND PAROLE COMMISSION. No. 299. An Act to change the name of the Prison Commission of the State of Georgia to the State Prison and Parole Commission; to provide the powers and duties of the said State Prison and Parole Commission; to authorize the said Commission to promulgate rules and regulations relative to its duties, powers and authorities herein provided and which may hereafter be provided; to provide for an effective date for this 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: Section 1. The Prison Commission of the State of Georgia shall hereafter be known as the Prison and Parole Commission of the State of Georgia. Name. Section 2. The State Prison and Parole Commission shall be composed of three (3) members, the present members of the present Prison Commission of the State of Georgia are hereby designated the members of the State Prison and Parole Commission, and shall automatically become and comprise the State Prison and Parole Commission from and after the effective date of this Act, and shall continue to serve as members of said Prison and Parole Commission for a term of six (6) years from date of passage of this Act, and at the expiration of such period of time their successors shall be appointed by the Governor with the approval of the Senate for a term of six (6) years. All vacancies from any cause on said Commission shall be filled by appointment by the Governor subject to the approval of the Senate. Any removal from office of a member of said Commission shall be by impeachment by the Senate. Membership. Terms. Appointment. Vacancy. Removal.

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Section 3. Provided, however, that no member of the General Assembly shall be eligible to be appointed to any position created by this Act, or to any [Illegible Text] position under the Parole Board until the term of office of such member of the General Assembly shall have expired. Non-eligibility. Section 4. That from and after the effective date of this Act the State Prison and Parole Commission is hereby vested with the power and duty to initiate and consider at least once annually without waiting for any application to be filed, the case of each person committed to serve a term in any of the penal institutions of this State and under such conditions as it seems proper, the said Commission may order parole in any such case, providing that no persons shall be released on parole until the said Commission has a reasonable assurance after consideration of all the facts and circumstances, including the prisoner's mental and social attitude, that he will not become a menace to society or to the public safety. It shall be the duty of said Commission and it is so authorized and empowered to make rules and regulations relating to filing of petitions for conditional pardon and investigate and make recommendations to the Governor regarding any such petition, provided further it shall be the duty of said Commission to provide adequate supervision for all parolees and probationers in this State, also all persons released on conditional pardon and placed by the Governor under the supervision of the said Commission. Investigations. Paroles. Rules. Section 5. Any Act of the State Prison and Parole Commission, in order to be effective must have the unanimous approval of the said State Prison and Parole Commission. Unaminity required. Section 6. The said Prison and Parole Commission is hereby authorized and empowered to employ such employees necessary to the adequate supervising of

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parolees and probationers and the conduct of its office as said Prison and Parole Commission may beem necessary and is hereby authorized to appoint from their employees a secretary, a clerk and a treasurer to serve at the pleasure of said Prison and Parole Commission. The treasurer shall give bond in an amount not less than $10,000.00. The said Prison and Parole Commission in the operation of said department shall keep its expenditures within the appropriations made from time to time for said department. Employees. Bond of treasurer. Section 7. The records of the former Prison Commission and of the said State Prison and Parole Commission herein created shall be made accessible to the State Penal Administration Board or its successors at all times. Records accessible. Section 8. It is further enacted that each section and provision of this Act is separately enacted and should any section or provision of this Act be held unconstitutional or void for any reason, the other valid provisions of this Act are not to be affected thereby. Separate enactments. Section 9. The effective date of this Act shall be February 15, 1938. Effective date. Section 10. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 3, 1938. PRISON COMMISSION EX-OFFICIO MEMBERSHIP ABOLISHED. No. 362. An Act to amend an Act approved March 30, 1937, appearing on page 483-484 of Georgia Laws of 1937, relating to ex-officio members of the State Prison Commission, by abolishing ex-officio members; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. The Act of the General Assembly approved March 30, 1937, appearing on page 483-484, Georgia Laws of 1937, be and the same is hereby amended by striking therefrom in its entirety the following language denoted as section 1 thereof: Act of 1937 amended. 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. Code, 77-301. No pay to ex-officio members. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 12, 1938. SENATE CONFIRMATION OF APPOINTMENTS. No. 337. An Act to provide for the confirmation by the Senate of appointees of the Governor for public office; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That all appointments made by the Governor to public offices created and established by the laws of this State, shall be made subject to confirmation by the State Senate. And it shall be the duty of the Governor to submit to the Senate the names of all such appointees appointed prior to the convening of the General

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Assembly or during the session, either regular or special, of the General Assembly, and unless such appointees are confirmed by the Senate they shall cease to hold the office to which they have been appointed and the name of another appointee shall be immediately submitted by the Governor to the Senate to fill such office. Governor's duty. Cessation on non-confirmation. Section 2. Be it further enacted that the names of all appointees to offices created and established by law and made by the Governor since January 1, 1937, shall be by the Governor submitted to the Senate for confirmation, and should the Senate fail to confirm any of such appointees, they shall no longer hold office and a successor shall be appointed and submitted for confirmation by the Senate immediately upon the failure of the Senate to confirm any such appointee. Provided that all members of all boards, commissions and bureaus as well as other appointees authorized by law to be made by the Governor, and not submitted to or confirmed by the State Senate since January 1, 1937, or at this special session of 1937-1938, shall have automatically cease to hold such office and the same shall be vacant and it shall be the duty of the Governor to fill such vacancy by appointment and approval as herein provided, upon the approval of this Act; and provided further that the provisions of this Act; shall not apply to appointments made to county, circuit or district offices to fill vacancies temporarily pending the holding of elections to fill local vacancies. Failure of confirmation. Proviso. Section 2-A. That none of the provisions of this Act shall change the present provisions of Section 13-302 of the Code of 1933 pertaining to the appointment of Superintendent of Banks and section 40-1801 of the Code of 1933 pertaining to the appointment of State Auditor. Code, 13-302, 40-1801 unchanged. Section 3. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved February 12, 1938.

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TITLE V. CODE AMENDMENTS AND REPEALS. ACTS. AgricultureFertilizer Regulations. 5-1001, 5-1105, 5-1106, 5-1115, 5-1405, 5-1406. Corporation Charters. 22-308. County Board of Education Elections. Fitzgerald District Excepted. 32-902. Court RecordsCard-Index System. 24-2715. Election-Precinct Hours. 34-1302. Eminent DomainCondemnation. 36-1104, 36-1115. Fishing-Boat License Fees. 45-210. GameOpen Season. 45-308. Motor-Fuel Tax Distribution. 92-1410. Motor Vehicles. 68-210, 68-211. Repealing Act. Municipal Charter Repeals. 69-101. Municipal Taxation. 92-4101 et seq. Paroles, Regulations for. 77-503, 77-504. Public DefenseMilitia Laws. 86-103 et seq. TaxationOld-Age Assistance. 92-3701. TaxationRefund of Penalties. 92-6911. Tax Appeals in Municipalities. 92-4001. Tax-Collectors' and Receivers' Fees. 92-5301. Tax-Collectors' Settlements. 92-4909, 92-4910. Timber-Protective Organizations. 22-413. Widows of Veterans. 78-204. See Title VI for other laws affecting Code Sections. AGRICULTUREFERTILIZER REGULATIONS. 5-1001, 5-1105, 5-1106, 5-1115, 5-1405, 5-1406. No. 365. An Act to amend Part IV relating to fertilizers and fertilizer materials of Title 5 of the Georgia Code of 1933, relating to agriculture, by repealing section 5-1001 of the Georgia Code of 1933 relating to duties and compensation of fertilizer inspectors and by substituting in lieu thereof a new section dealing with the appointment, duties, and compensation of fertilizer inspectors; by repealing subsection 3(a) and (b) of section 5-1105

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of the Georgia Code of 1933, relating to tag and contents of bags and packages of fertilizer and by substituting in lieu thereof a new subsection 3(a) and (b) relating to the contents of bags and packages of commercial fertilizer; by repealing section 5-1106 of the Georgia Code of 1933, relating to constituents of fertilizers and high grade on containers, and by substituting in lieu thereof a new section relating to constituents of fertilizers and high grade on containers; by repealing section 5-1115 of the Georgia Code of 1933 relating to attachment to collect penalty and by substituting in lieu thereof a new section relating to attachment to collect penalty; by adding to Part IV of Title 5 of the Georgia Code of 1933 relating to fertilizers and fertilizer materials a new section requiring that a summary of the contents of fertilizers must be printed on the tags thereof; by adding to the said Part IV of Title 5 of the Georgia Code of 1933, relating to fertilizers and fertilizer materials a new section relating to seizure and condemnation of certain fertilizers; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 5-1001 of the Georgia Code of 1933, being a part of Part IV of Title 5 of the Georgia Code of 1933, providing: 5-1001. Duties and Compensation.The Commissioner of Agriculture shall appoint not exceeding six general inspectors, who shall be known as State inspectors, and who may be sent from point to point, or may be located in the main centers of the State, in the discretion of the Commissioner, such inspectors being subject at all times to his direction. These inspectors shall receive a salary of $1,200 per year. It shall be their duty to inspect all fertilizers, acid phosphates, chemicals, cotton-seed meal or other fertilizer material that may be found at any point within the limits of the State, and shall see

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that all fertilizers and fertilizer materials are properly tagged. In addition to these duties such inspectors shall inspect weights and measures, food and feed, and oils when directed to do so, and perform such other duties as may be assigned them by the Commissioner of Agriculture. The Commissioner shall also have authority to employ such additional inspectors during the busy season, not to exceed 40 in one year, as in his judgment may be necessary. These additional inspectors shall only be employed when actually needed, the term of such service not to exceed four months during any one year. They shall inspect fertilizers, acid phosphates, chemicals, cottonseed meal and other fertilizer material wherever found, and see that all fertilizers and fertilizer materials are properly tagged, and perform such other duties as may be assigned them by the Commissioner, and go to any point when so directed by him. The greatest compensation that these short term inspectors shall receive shall be at the rate of $83.33 1/3 per month. In addition to his salary any general or short term inspector may be paid actual transportation expenses and hotel bill incurred by him when absent from his home on duty for the State, the hotel bill not to exceed $2.50 per day. All inspectors mentioned in this section shall be required to devote their entire time to the service during the period of their employment. Each inspector shall be commissioned for a term of two years subject to the right of the Commissioner of Agriculture at any time to limit and designate the number of months any short term inspector shall be employed within the period named in the commission, the Commissioner also having the right to discharge any inspector for incompetence, neglect of duty, or malfeasance in office, Repeal. be and the same is hereby repealed in its entirety and a new section to be known as section 5-1001 of Part IV of Title 5 of the Georgia Code of 1933 to read as follows:

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5-1001. Duties and Compensation. The Commissioner shall have authority to employ such inspectors during the busy season, not to exceed fifty in one year, as in his judgment may be necessary. These inspectors shall only be employed when actually needed, the term of such service not to exceed four months during any one year. They shall inspect fertilizers, acid phosphates, chemicals, cottonseed meal and other fertilizer material wherever found within the limits of the State, and see that all fertilizers and fertilizer materials are properly tagged, and perform such other duties as may be assigned them by the Commissioner, and go to any point when so directed by him. The greatest compensation that these short term inspectors shall receive shall be at the rate of eighty-three and one-third dollars per months. In addition to his salary the short term inspectors may be paid actual transportation expenses and hotel bills incurred by him when absent from his home on duty for the State, the hotel bill not to exceed two and one-half dollars per day. All inspectors mentioned in this section shall be required to devote their entire time to the service of the State during the period of their employment. Each inspector shall be appointed for a period not exceeding four months of any one year, subject to the right of the Commissioner of Agriculture at any time to limit and designate the number of months any short term inspector shall be employed within the period named in the appointment, the Commissioner also having the right to discharge any inspector for incompetence, neglect of duty, or malfeasance in office. Inspectors duties and pay. is substituted in lieu thereof. New 5-1001. Section 2. Subsection 3 (a) and subsection (b) of section 5-1105 of part IV of title 5 of the Georgia Code of 1933 providing: (a) Guaranteed analysis, giving the minimum percentage of available phosphoric acid, and the sources,

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and within 10 per cent. of the amount of each source of available phosphoric acid. (b) The minimum percentage of total nitrogen and the names of the sources, and within 10 per cent. of the total amount of the source in the form of organic materials, and the names of sources, and within 10 per cent. of the total amount of the source in the form of inorganic materials. be and the same is hereby repealed and the following language is substituted in lieu thereof as subsection 3(a) and subsection 3 (b): Repeal. (a) Guaranteed analysis, giving the minimum percentage of total nitrogen in whole numbers and the name of the sources, and within 10% of the total amount of the sources in the form of organic materials, and the names of sources and within ten per cent. of the total amount of the source in the form of inorganic materials. 5-1105 (a), (b) Fertilizers. (b) The minimum percentage of available phosphoric acid, and the sources, and within 10% of the amount of each source of available phosphoric acid. Section 3. Section 5-1106 of part IV of title 5 of the Georgia Code of 1933 providing: 5-1106. Constituents of fertilizers; `high grade' on containers.The words `high grade' shall not appear upon any bag or other package of any complete fertilizer which complete fertilizer contains by its guaranteed analysis less than 10 per cent. available phosphoric acid, 1.65 per cent. nitrogen (equivalent to 2 per cent. of ammonia and 2 per cent. of potash), or a grade or analysis of equal total commercial value; the word `standard' shall not appear upon any bag or other package of any complete fertilizer which contains by its guaranteed analysis less than 8 per cent. available phosphoric acid, 1.65 per cent. nitrogen (equivalent to 2 per cent. ammonia), and 2 per

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cent. potash, or a grade or analysis of equal total commercial value; the words `high grade' shall not appear upon any bag or other package of any acid phosphate with potash which shall contain by its guaranteed analysis less than 13 per cent. available phosphoric acid and 1 per cent. of potash, or a grade or analysis of equal total commercial value; the word `standard' shall not appear upon any bag or other package of any acid phosphate with potash which shall contain by its guaranteed analysis less than 11 per cent. available phosphoric acid and 1 per cent. potash, or a grade or analysis of equal total commercial value; the words `high grade' shall not appear upon any bag or other package of any plain acid phosphate which shall contain by its guaranteed analysis less than 14 per cent. available phosphoric acid; and the word `standard' shall not appear upon any bag or other package of any plain acid phosphate which shall contain by its guaranteed analysis less than 12 per cent. available phosphoric acid. No complete fertilizer, acid phosphate with potash, acid phosphate with nitrogen, or plain acid phosphate shall be offered for sale which contains less than 12 per cent. of total plant food, namely; available phosphoric acid nitrogen, when calculated as ammonia and potash, either singly or in combination: Provided, that in mixed fertilizers there shall not be claimed less than 1 per cent. of potash and 0.82 per cent. nitrogen, when one or both are present in the same mixture. be and the same is hereby repealed in its entirety and there is substituted in lieu, to be known as section 5-1106 of the Georgia Code of 1933, Part IV of Title 5 thereof, the following language: Repeal. 5-1106. Constituents of fertilizers; `high grade' on containers.The word `high grade' shall not appear upon any bag or other package of any complete fertilizer which complete fertilizer contains by its guaranteed

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analysis less than twelve per cent. available phosphoric acid, 2 per cent. nitrogen and 2 per cent. of potash, or a grade or analysis of equal total commercial value; the word `standard' shall not appear upon any bag or other package of any complete fertilizer which contains by its guaranteed analysis less than 8 per cent. available phosphoric acid, 3 per cent. nitrogen, and 3 per cent. potash, or a grade or analysis of equal total commercial value; the words `high grade' shall not appear upon any bag or other package of any acid phosphate with potash which shall contain by its guaranteed analysis less than 14 per cent. available phosphoric acid and 2 per cent. of potash, or a grade or analysis of equal total commercial value; the word `standard' shall not appear upon any bag or other package of any acid phosphate with potash which shall contain by its guaranteed analysis less than 11 per cent. available phosphoric acid and 3 per cent. potash, or a grade or analysis of equal total commercial value; the word `high grade' shall not appear upon any bag or other package of any plain acid phosphate which shall contain by its guaranteed analysis less than 18 per cent. available phosphoric acid; and the word `standard' shall not appear upon any bag or other package of any plain acid phosphate which shall contain by its guaranteed analysis less than 16 per cent. available phosphoric acid. No acid phosphate shall be sold in this State which contains less than 16 per cent. total plant food. No complete fertilizer, acid phosphate with potash, acid phosphate with nitrogen shall be offered for sale in this State which contains less than 14 per cent. of total plant food, namely: available phosphoric acid, nitrogen, and potash: Provided, that in mixed fertilizers there shall not be claimed less than 2 per cent. of potash and 2 per cent. nitrogen, when one or both are present in the same mixture. Substituted 5-1106. Words barred. Section 4. Section 5-1115 in part IV of title 5 of the Georgia Code of 1933 providing:

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5-1115. Attachment, etc., to collect penalty.Whenever any fertilizer or fertilizer material upon analysis by the State Chemist is found subject to a penalty under the provisions of this law, the Commissioner of Agriculture is empowered, and it is hereby made mandatory upon him, to proceed by attachment or other legal means to collect such penalty from the party or parties subject thereto and to pay the same to the person or persons entitled to receive it: Provided, that such adjustment is not made after 60 days from notice of deficiency from Commissioner of Agriculture: and provided, further, that the matter is not being contested in the courts, in which event the powers of the Commissioner shall be suspended until final determination of the matter by the courts. Any cost accruing under the enforcement of these provisions may be paid by the Commissioner of Agriculture out of the funds derived from their fertilizer-inspection fees. In any suit filed by the Commissioner under this chapter legal service may be had on any agent or representative of any nonresident manufacturer or mixer. Repeal. be and the same is hereby repealed in its entirely and a new section 5-1115 is substituted in lieu thereof to read as follows: 5-1115. Attachment, etc., to collect penalty.Whenever any fertilizer or fertilizer material upon analysis by the State Chemist is found subject to a penalty under the provisions of law, the Commissioner of Agriculture is empowered and it is hereby made mandatory upon him to proceed by attachment or other legal means to collect such penalty from the party or parties subject thereto and to pay the same to the person or persons entitled to receive it. Provided that such adjustment is not made after thirty days from notice of deficiency from Commissioner of Agriculture; and provided further that the matter is not being contested in the court or

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courts, in which event the powers of the Commissioner shall be suspended until final determination of the natter by the courts. Any cost accruing under the enforcement of these provisions may be paid by the Commissioner of Agriculture out of the funds derived from their fertilizer-inspection fees. In any suit filed by the Commissioner under this Act legal services may be had on any agent or representative in this State of any non-resident manufacturer or mixer. Substituted 5-1115. Penalties. Section 5. A new section is added to part IV of title 5 of the Georgia Code of 1933 relating to fertilizers and fertilizer materials to be appropriately numbered to read as follows: 5-1405. Contents must be printed on tags.Every manufacturer, mixer or dealer in commercial fertilizers shall be required to print on his tags the total number of pounds of available plant food guaranteed and contained in each bag, the total number of pounds of filler contained in each bag `worthless as a fertilizer' to be printed after the word `filler' and the total number of pounds of all other combined materials contained in said bags. This requirement is not intended to repeal or modify the provisions of law requiring all sources of plant food to be stated on tags. New 5-1405. Section 6. A new section appropriately numbered, is added to Part IV of Title 5 of the Georgia Code of 1933 relating to fertilizers and fertilizer materials to read as follows: 5-1406. Seizure of Fertilizer.All fertilizer or fertilizer material sold or offered for sale in violation of law shall be condemned and seized by the Commissioner of Agriculture or his agents, and upon such seizure shall be delivered or turned over to the sheriff of the county in which such seizure is made, the same to be held by such officer until released by the Commissioner of Agriculture,

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or otherwise disposed of as hereinafter provided, and for such service such officer shall receive the same fees as now provided by law in cases of attachments. The Commissioner of Agriculture may, in his discretion, release the fertilizer or fertilizer material so condemned and seized, upon payment to him, of the forfeiture hereinbefore provided (or such part thereof as he shall in his discretion fix, not less than the minimum prescribed), and if not so released such fertilizer, or fertilizer material shall be sold by the officer having the same in charge on the order of the court before whom conviction may be had, or by the officer having any execution for fines and costs in his hands, to pay any such fines or forfeitures and the cost of prosecution made under provisions of the Act, in the manner now provided by law for sales under attachment or distress, the moneys left from such fines and fees shall be paid over to the manufacturer or owner of such fertilizer or fertilizer material sold. All prosecutions under this section shall be conducted by the solicitor of the county in which the offense shall be committed, or such seizure shall be made, who shall have a fee of ten dollars for every conviction, to be taxed against and paid by the party convicted. New 5-1406. Condemnation of fertilizer. Section 7. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 12, 1938. CORPORATION CHARTERS. 22-308. No. 259. An Act authorizing the chartering and empowering of corporations, and amending, revising and perfecting the present corporation laws of the State; to repeal Section 22-308 of the Code of Georgia of 1933, as amended by an Act

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approved March 15, 1935, (Georgia Laws 1935, pages 108-9, and to repeal said last mentioned Act) and to insert a new section in lieu thereof; 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. Any three or more persons may obtain a charter for a private corporation, the object of which is pecuniary gain or profit, except for banking, insurance, railroad, trust, canal, navigation, express and telegraph companies, by compliance with the following provisions: Three or more applicants. The persons desiring the charter shall present either to the Superior Court of the county in which the principal office of the corporation is to be located or to the Judge of the Superior Court of that county in vacation; or, in event that the Judge of the Superior Court of said county is absent from the circuit, disqualified, or from illness or other reason can not act in the premises, to any Judge of the Superior Court of this State, an application which, if presented to a Judge of the Superior Court when the Superior Court of the county in which the principal office of the corporation is to be located is not in session, may be presented to the Judge of the Superior Court at any time and place in the State where the Judge to whom the same is presented may be at the time, which petition or declaration shall be signed by the persons applying for the charter or their counsel, and shall set forth: Application. (a) The name of the proposed corporation, which name shall include the word Company or Corporation, or have such word or words, abbreviation, suffix or prefix therein or thereto as will clearly indicate that it is a corporation as distinguished from a natural person, firm or partnership. Name. (b) The general nature of the business or businesses to be transacted. Business.

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(c) The maximum number of shares of stock with par value, the maximum number of shares without par value, that the corporation is authorized to have outstanding at any time, the classes with the distinguishing characteristics, if any, into which the same are divided and the par value of shares of stock other than shares which are stated to have no par value. Stock shares. (d) The amount of capital with which the corporation will begin business, which shall not be less than Two Hundred ($200.00) Dollars. Capital amount. (e) The time, not exceeding thirty-five years, for which the corporation is to have existence. 35-year limit. (f) The county in which the principal office of the corporation is to be located but with the privilege, if the same be desired, of establishing branch offices and places of business elsewhere. Residence. (g) The name and Post Office address of each of the applicants for the charter. Addresses of applicants. (h) Any provision which the incorporators may choose to insert, not contrary to the Constitution and laws of this State for the regulation of the business and for the conduct of the affairs of the corporation, and any provision creating, defining, limiting or regulating the powers of the corporation, the directors and the stockholders, or any class of the stockholders, and creating, defining or limiting the preferences or rights given to any particular class of the stock. Powers. Section 2. Be it further enacted that upon presentation of the petition to the Superior Court or to the Judge of the Superior Court, as stated above, the Judge shall examine the same and, if it shall appear to the Judge that the application is legitimately within the purview and intention of the laws of this State, the Judge shall pass an Order declaring the application granted. Nevertheless, the Judge shall not grant

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any application until there is presented to him a certificate from the Secretary of State declaring that the name of the proposed corporation is not the name of any other than existing corporation registered in the records of the Secretary of State. The Judge may in his discretion require additional evidence that the name is not the name of another corporation. Certificate by Secretary of State. Section 3. The applicants for the charter shall thereupon file said petition or declaration with the Order of the Judge thereon in the office of the Clerk of the Superior Court of the county in which the principal office of the corporation is located and shall concurrently therewith deposit with and pay to said Clerk the fees of said Clerk for his services in said case, to-wit: Filing. Fifteen cents per 100 words for recording the charter and Five ($5.00) Dollars for other services required of the Clerk in connection with the application for the charter; applicants shall submit to the Clerk an affidavit signed by the duly authorized agent or publisher of a newspaper having general circulation and whose principal place of business is in the county (as of the date of filing of said petition) that there has been deposited with said newspaper the cost of publishing four (4) insertions of said application once a week for four (4) weeks, with the Order of the Judge thereon. First of said advertisements shall appear within one week after the filing of the application or petition for charter unless otherwise ordered by the Court. Fees. Advertisement. Provided, however, it shall not be necessary that any or all of the advertisements appear before the petition is granted and filed by the Clerk. Proviso. Advertisements for dissolution of charters shall be published in the newspaper in which sheriff's advertisements are published. Dissolution.

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Section 4. Upon said declaration being filed with the Clerk and the fees being paid, as aforesaid, said Clerk shall forth-with deliver to the applicants or their attorney two (2) certified copies of said application for charter, the Order of the Judge thereon, and the filing of the Clerk thereon, and receipt for the costs which have been paid to the Clerk. Certified copies. Section 5. Upon receiving the two certified copies of said application for charter and Order of the Judge thereon, the applicants or their attorney shall present the same to the Secretary of State, Ex-Officio Corporation Commissioner of the State, and shall concurrently therewith pay to the Secretary of State for the use of the State the following fee: Fees to Secretary of State. Ten (10c) cents per $1,000.00 of par value of stock authorized, with minimum fee of Five ($5.00) Dollars; and for this purpose stock without par value shall be counted as if it had par value of One Hundred ($100.00) Dollars per share. The Secretary of State shall thereupon attach to one of the certified copies of the charter, as granted by the Superior Court, a certificate in substantially the following form: STATE OF GEORGIA OFFICE OF THE SECRETARY OF STATE, EX-OFFICIO CORPORATION COMMISSIONER This is to certify that.....(the name of the corporation) has been duly incorporated under the laws of the State of Georgia, on the.....day of....., 19....., for a period of..... years from said date, in accordance with the certified copy hereto attached, and that a certified copy of the charter of said corporation has duly been filed in the office of the Secretary of State and the fees therefor paid, as provided by law. Certificate

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Witness my hand and official seal, this.....day of....., 19..... ..... Secretary of State, Ex-Officio Corporation Commissioner of the State of Georgia. Such certified copy of the charter, together with the certificate of the Secretary of State thereon, shall be received as evidence in any court or proceeding as evidence of the incorporation of the corporation and of the nature and contents of its charter. The Secretary of State at any time, upon the request of the corporation or its officers or of any other person, shall make and certify additional copies of the charter, Order, Filing of the Clerk, and Certificate of the Secretary of State, upon payment to him of a fee of One ($1.00) Dollar plus Ten (10c) Cents per 100 words for copying, and such certified copies shall be likewise admitted in evidence with like force and effect. Evidence. Section 6. The corporate existence of the corporation shall begin at the time of the filing of the petition or declaration, with the Judge's Order thereon, with the Clerk of the Superior Court, but the corporation shall not be licensed to transact any business until it shall have received the Certificate from the Secretary of State in the manner herein-before prescribed. Existence. License. Section 7. Any corporation, whether incorporated under prior existing laws or under this law, may from time to time, when and as desired, amend its charter in any respect, provided that only such provisions shall be inserted by an amendment as it would be lawful and proper to insert in a petition or declaration for the creation of such a corporation. Without limiting the generality of the foregoing, the corporation may, by amendment, change the number of its shares of stock authorized or outstanding at the time of such amendment

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or the number of shares authorized or outstanding in any class of its stock, change the par value of the authorized or outstanding shares of any class having par value, or change the authorized or outstanding shares of the class having par value into the same or a different number of shares without par value, or, in like manner, change the authorized or outstanding shares of the class having non-par value into the same or a different number of shares with par value, upon such basis as may be set forth in the amendment but the capital of the corporation shall not be decreased except in the manner hereinafter provided. Where, however, a maximum authorized number of shares, or a maximum par value of the capital stock; has been authorized by the original Charter, the stockholders may, without Charter amendment, by a two-thirds majority vote, in the manner herein provided, increase or decrease, or re-classify the number of outstanding shares of the par value, or shares without par value, between the maximum authorized capitalization and the minimum allowed by the terms of this Act. Amendment of charter. Section 8. Every such amendment shall be made and effected in the following manner: Amendment, how effected. At any regular meeting of the stockholders or at any special meeting of the stockholders called for that purpose upon ten (10) days' notice to each stockholder personally or by mail to his last-known address, unless such notice shall have been waived either in writing by such stockholder or by such stockholder being present at the meeting and participating therein, such an amendment may be proposed and a vote of the stockholders entitled to vote taken thereon. Unless the requirements of the existing charter of the corporation are to the contrary, such an amendment may be adopted by the vote of the holders of a two-thirds majority of the capital stock of the corporation entitled to vote thereon; provided, nevertheless, that wherever a corporation shall have more than one class of stock outstanding, unless permitted

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or authorized by its charter, no amendment affecting the rights of the holders of any class of stock shall be adopted without the vote or consent of a two-thirds majority of the holders of that class of stock and without such consent as may be required under the terms and obligations of the existing charter or of any contract existing between the corporation and the holder or holders of any of its stock. Stockholders voting. Upon such amendment being favorably voted for and consented to, as hereinbefore required, the Secretary of the Corporation or the person who in the corporation discharges the duties of Secretary shall certify accordingly under the seal of the corporation. Upon petition of the corporation, accompanied by such certificate, being presented to the Superior Court of the county where the principal office of the corporation is located or to the Judge of the Superior Court in like manner as if it were an original application for incorporation, the Judge shall examine the same and, if it is found to be lawful, shall place an Order declaring the same granted thereon. The corporation shall thereupon cause the application, with the Order of the Judge thereon, to be filed in the Office of the Clerk of the Superior Court, together with a fee of Five Dollars ($5.00) and fifteen cents (15c) per 100 words for recording the same, and an affidavit that the fee for legal advertising has been paid as is provided in Section 3 for charter applications; and the Clerk of the Superior Court shall furnish to the corporation two (2) certified copies of the same and of the entries of filing thereon; and the corporation shall deliver the two (2) certified copies to the Secretary of State who shall retain one and shall attach to the other a certificate stating that the amendment to the charter has been granted as stated herein on the date named in the Order of the Judge and that a certified copy thereof has been duly filed in the Office of the Secretary of State and the fees paid therefor, as provided by law. All amendments shall be advertised in like manner as is provided for the advertisement of applications for the creation of a corporation.

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The said certified copy of the amendment, together with the certificates of the Secretary of State thereon and any additional copies of the same so certified by the Secretary of State shall be received as evidence of such amendment and of the nature and contents thereof. The corporation shall pay to the Secretary of State for the use of the State at the time of filing said certified copies of the amendment with the Secretary of State a fee of Five ($5.00) Dollars and if the result of the amendment is to increase the amount of the par value of the capital stock authorized (counting stock without par value as if it had a par value of $100.00 per share) the corporation shall also pay to the Secretary of State Ten (10c) Cents per One Thousand ($1,000.00) Dollars of par value of the stock authorized by the amendment for any excess over and beyond the amount authorized in the original charter and upon any amendments previously made. This being done, the amendment shall become for all intents and purposes a part of the original charter and from thenceforth effective as such. So much of the fees provided for in this Act as may be necessary for the purchase of supplies and equipment to carry out the provisions of the Act are hereby allocated to the Secretary of State for such purposes. Certificate. Filing and fee. Section 9. Every corporation, by virtue of its existence as such, shall have power: Corporate powers. (a) To have succession by its corporate name for the period limited in its charter and throughout the period of any renewal or renewals thereof; (b) to sue and be sued in any court of law or equity; Suits. (c) to make contracts and to adopt and use a corporate seal and to alter the same; Contracts. (d) to hold, purchase and convey real and personal property of every kind consistent with the purposes of its existence, and to deal with, mortgage, pledge, encumber or lease any such real and personal property with its franchise; Realty.

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(e) to appoint such officers and agents as the affairs of the corporation shall require and to allow them suitable compensation; Officers, etc. (f) to make by-laws not inconsistent with the Constitution or laws of the United States or of this State or of its charter for the exercise of its corporate powers, the management, regulation and government of its affairs and property, the transfer of its stock, and the calling and holding of meetings of its stockholders and directors; By-laws. (g) to wind up and dissolve itself or be wound up and dissolved in the manner herein provided. Dissolution. (h) to amend or renew its Charter. Amendment. (i) to revive its charter, effective from the date of the expiration of its previous charter, by compliance with the terms of this Act applicable to the granting of Charters for new corporations. Revival. Section 10. Subject to such limitation, if any, as may be contained in its charter or any amendment thereto, every corporation shall have the following powers: (a) To borrow money and contract debts when necessary or proper for the transaction of its business or for the exercise of its corporate rights, privileges or franchises or for any other lawful purpose of its incorporation; to issue bonds, promissory notes, bills of exchange, debentures, and other obligations and evidences of indebtedness, whether secured by mortgage, pledge, or otherwise, or unsecured; to borrow money for payment of property purchased or acquired or for any other lawful objects. Debts, etc. (b) To purchase, hold, sell, assign, transfer, mortgage, pledge or otherwise dispose of the shares of the capital stock of or any bonds, securities or evidences of indebtedness created by any other corporation or corporations of this State or any other State or Government, and, while owner

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of such stock, to exercise all the rights, powers and privileges of ownership, including the right to vote thereon; Sales, etc. (c) To guarantee, become surety upon or endorse the contracts or obligations of any other corporation, firm or individual as to matters in which the corporation guaranteeing has a direct interest but shall not have the right to enter into any contract of guaranty, suretyship or endorsement where the corporation guaranteeing has no direct interest in the subject matter of the contract guaranteed or to make any purely accommodation guaranty, endorsement or contract of suretyship, unless such right to guarantee or endorse or become surety is contained in the charter of the corporation or an amendment lawfully made thereto. Suretyship, etc. (d) To purchase, hold, sell and transfer shares of its own capital stock, provided that no such corporation shall purchase its own shares of capital stock except from the surplus of its assets over its liabilities, including capital stock; provided, further, that shares of capital stock shall be purchased only from earned surplus where there is outstanding another class of shares having a distribution preference over the shares purchased. Anything to the contrary notwithstanding, a corporation may in any event acquire its shares to collect or compromise in good faith a debt, claim or controversy against the corporation, or in settlement of a debt owing to the corporation where necessary to protect the corporation against loss, or to discharge an obligation of the corporation to a shareholder who has exercised the right of dissent from a proposed corporate merger or consolidation, as provided in this Act; or to discharge an obligation of the corporation to a shareholder who has exercised his right of conversion of shares pursuant to the charter. No shares subject to redemption at the option of the corporation shall be purchased at a price exceeding the redemption price thereof. Shares of its own capital stock held by the corporation shall not be voted directly or indirectly nor counted as

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outstanding for the purpose of any stockholders' quorum or vote, or dividends or distributions of any kind whatsoever. Transfer of shares. (e) To conduct business and to have one or more branch offices, and hold, purchase, mortgage or convey real estate and personal property in this state and in any of the several states, territories, possessions or dependencies of the United States, the District of Columbia, and in foreign countries. Offices. (f) In any manner, to acquire, enjoy, utilize and dispose of patents, copyrights, trademarks, licenses or other rights or interests therein and thereunder. Patents, etc. (g) To exercise any and all powers stipulated in its charter not contrary to the Constitution and Laws of the United States and of the State of Georgia; Powers. (h) To do all and everything necessary and proper for the accomplishment of the objects enumerated in the charter or any amendments thereof or necessary or incidental to the protection and benefit of the corporation and in general to carry on any lawful business necessary or incidental to the attainment of the objects of the corporation. Incidental. (i) To issue one or more classes of stock, with or without par value with such rights and characteristics as are described in its charter or any amendments thereof. Such stock may have voting powers, full or limited, or may be without voting powers, and may contain such designations, preferences, participation rights, option rights, conversion rights and redemption provisions as may be stipulated. The holders of preferred or special stock of any class shall be entitled to receive dividends at such rates and on such conditions and at such times as shall be stated or expressed in the charter or any amendment thereto. If any corporation shall be authorized to issue more than one class of stock, the designations and preferences, and relative participating, optional or other special rights of each class of stock, and the qualifications, limitations or restrictions of such preferences or rights, shall

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be set forth in full or summarized on the face or back of the certificate which the Corporation shall issue to represent such class of stock. No shares of stock shall be convertible into shares of another class having a superior preference right as to dividends or as to assets upon liquidation and distribution. Wherever any class of stock shall be without voting power or with only limited voting power, that fact shall be stated on the face of the certificates for such shares of stock. It if is so provided in the charter, every corporation shall have the power to create and issue, whether or not in connection with the issue and sale of any shares of stock or other securities of the corporation, rights or options, entitling the holders thereof to purchase from the corporation any shares of its capital stock of any class or classes upon such terms and at such time or times, which may be limited or unlimited in duration, and at such price or prices as shall be stated, provided that in case the shares to be issued upon the exercise of such rights or options shall be shares having a par value, the price or prices so to be received therefor shall not be less than the par value thereof. Stock classes. (j) All of the foregoing powers, as well as those enumerated in Section IX. supra, shall be conferred upon, and shall be exercisable by any corporation incorporated or re-incorporated under the terms of this Act, without reference specifically made thereto in the petition for incorporation, or re-incorporation. Exercise of powers. Section II. Whenever, under this Act, the charter of the corporation provides that any Preferred or Special class of stock shall be subject to redemption, either at the option of the corporation or at the option of the stockholders or at any designated time, the corporation shall have the right or the obligation, as the case may be, to redeem such stock or establish a sinking fund for that purpose out of such fund or funds as shall be provided in the corporate charter, except that no stock shall be so redeemed where such redemption

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would impair the capital represented by the stock of other classes unless the stock is redeemable at the option of the stockholder or at a stated time, in which event the stock may be redeemed from any funds provided in the charter. However, in no event shall such redemption reduce the assets of the Company to an amount insufficient to pay the debts of the Company or occur at such time as the assets of the Company are less than the debts of the Company. Upon the redemption or retirement of any shares of stock, the Secretary of the Corporation or that officer of the corporation performing the duties of a secretary, shall file with the Secretary of State a certified statement showing the amount of stock retired, the class of stock to which said retired stock belonged, and the source of the funds utilized for such purpose, as the same would appear from a balance sheet of the company drawn up in accordance with usual and customary accounting practices. Redemption of stock. Section 12. Corporations may issue and dispose of their authorized shares without par value for such consideration in money, property or services as may be prescribed in the charter or in any amendment thereof, or, if no consideration is so prescribed, then for such consideration as may be fixed from time to time by the stockholders at any stockholders' meeting or by the Board of Directors from time to time when acting under general or special authority granted by the stockholders or conferred by the charter or any amendment thereof. Any and all shares issued for the consideration thus fixed or for not less than the consideration thus fixed shall be fully paid and non-assessable. The Directors may allocate any portion of the consideration so received for such non par stock to capital and the remainder to surplus, in their discretion, provided they are so empowered in the charter of the corporation or by vote of the stockholders at any stockholders' meeting. Unless restricted by the charter or by-laws of the corporation, shares of stock having par value may be issued for any consideration,

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whether money, property or services, which is at least equivalent to the full par value of the stock so to be issued. In the absence of fraud, the valuation of any property or services by the Directors accepted in payment of stock shall be conclusive, and any contract made between the corporation or the persons representing it at the time and the subscriber as to the medium of payment for stock shall be conclusive. This section shall not apply to shares issued as a share dividend or on the conversion of other shares or to shares resulting from a change of shares into other shares or from a subdivision or consolidation of shares. Issue and disposal of shares, etc. Section 13. Unless the charter otherwise provides, the corporation may issue shares as partly paid and subject to call thereon until the whole thereof shall have been paid. Nevertheless, a holder of shares who has acquired such shares in good faith without knowledge that they were not paid in full or to the extent stated in the certificate for such shares, shall not be liable either to the corporation or to its creditors for any amount beyond that shown by such certificate to be unpaid on the shares represented thereby; and any holder who derives his title through such a holder and who is not, himself, a party to any fraud affecting the issuance of such shares, shall have all the rights of such former holder. Shares subject to call. Title of holder. Section 14. No pledgee or other holder of shares in any corporation as collateral security shall be personally liable as a stockholder; no executor, administrator, guardian, trustee or other fiduciary, unless he, without authorization, shall have voluntarily invested the trust fund in such shares, shall be personally liable as a stockholder but the estate and funds in the hands of such executor, administrator, guardian or trustee shall be subject to the liability, if any. Pledges of shares. Section 15. Every stockholder shall be entitled, upon paying for stock subscribed for by him or bought by him, to have a certificate signed by officers or agents designated by the corporation for the purpose certifying the number of shares

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owned by him in such corporation and that the same is fully paid and non-assessable. Stock certificates. Section 16. Subject to any restriction in the charter, a corporation may by resolution of its Board of Directors declare and pay dividends in cash or property out of its net assets in excess of its capital stock, according to its charter or amendments thereof, or, in case there shall be no such excess, out of its net profits for the fiscal year then current and/or the preceding fiscal year; provided, however, the directors shall not declare and pay out of such net profits any dividends upon the shares of any class of capital stock, so long as a deficiency exists in the amount of capital represented by issued and outstanding stock of any other class having a superior preference to such class upon a distribution of assets. If the charter so provides, a corporation organized substantially for the liquidation or exploitation of specific assets may pay dividends without making deduction for the depletion of such assets resulting from lapse of time or from the consumption or sale of such assets incidental to their exploitation. A director shall be fully protected in relying in good faith upon the books of account of the corporation or statements prepared by any of its officials as to the amount of surplus or other funds from which dividends might properly be declared and paid. Dividends on stock regulated. Section 17. Subject to any restrictions in the charter, the corporation may declare and pay dividends on its own shares of any class authorized by the charter upon resolution of its Board of Directors. Any dividend paid in stock of a special class shall be approved by the vote or written consent of two-thirds of the shareholders of the class of shares to be issued as a dividend, if such a class exists prior to such issuance. If a stock dividend shall affect adversely any right or preference of the holders of any other class of stock in the corporation, the consent of two-thirds of such adversely affected stockholders shall be obtained, either by vote at a stockholders'

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meeting or in writing. This section shall be deemed to authorize a division or subdivision of shares of any class of stock in like manner as a stock dividend; neither a stock dividend nor a subdivision of shares need be made out of the surplus or earnings of the corporation but a deficit may not be created or increased thereby. A stock dividend may be declared in treasury shares, authorized and unissued shares, or by the creation of additional shares through charter amendment, as provided in this Act. Dividend regulations. Section 18. Any two or more corporations, incorporated either under the laws of this State or under the laws of any other State or country, except banks and trust companies, may merge or consolidate into a single corporation in the following manner: Merger. The Directors, or a majority of them, of such corporations as desire to merge or consolidate shall enter into an agreement signed by them and under the corporate names and seals of the respective corporations prescribing the terms and conditions of merger or consolidation, the mode of carrying same into effect, the name and principal place of business in this State of the resulting corporation, the maximum number of shares of capital stock with par value and without par value authorized to be outstanding at any one time and the manner of the issuance thereof, the number of shares with which the resulting corporation will begin business and the classes of capital stock, the manner and terms of converting the capital stock of each of the merging or consolidating corporations into stock or obligations of the resulting corporation or the payment therefor, together with all such other provisions and details not inconsistent with law as the Directors of the several corporations may deem necessary or proper. Said agreement shall be submitted to the stockholders of record of each corporation at a meeting thereof called separately for the purpose of voting upon said merger or consolidation, of which meeting notice of the time,

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place and object shall be given in accordance with the terms of the charter and by-laws of the said corporations to each stockholder of record, whether entitled to vote or not; and, at said meetings said agreement shall be considered and a vote by ballot in person or by proxy taken for the adoption or rejection of the same; and, if a majority of the votes of stockholders of each corporation holding stock in such corporations entitling them to exercise the voting power on the proposal to merge or consolidate said corporation with another or such other portions of the stockholders as may be prescribed by the charters or by-laws of said corporations, shall be for the adoption of said agreement, then that fact shall be certified by the Secretary of each corporation or such other officer as has legal custody of the records of such corporations under the seals thereof and the agreement so adopted and certified shall be taken and deemed to be the agreement and act or merger or consolidation of the said corporations. How effected. Unless one or more of the constituent corporations is a corporation required to be chartered by the Secretary of State, and the consolidated corporation or the corporation into which the others are merged is to be of a character for which charters are granted only by the Secretary of State, a petition may then be presented by the merging or consolidating corporations to the Superior Court of the county in which the principal place of business of the resulting corporation is to be located or to the Judge of the Superior Court, as hereinbefore provided in regard to the creation of corporations, which petition shall have attached thereto a copy of such agreement with the certificate thereon of the secretaries or other officers of the merging or consolidating corporations as to the fact of the adoption of said agreement by stockholders of the merging or consolidating corporations, and the Superior Court or the Judge thereof shall enter an Order thereon granting a charter to the consolidated corporation or granting the merging of the constituent corporations, as the

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case may be. This petition with the Order thereon shall be filed in the Office of the Clerk of the Superior Court and the same fees paid to the Clerk as are provided hereinbefore upon the creation of a corporation, together with an affidavit of the payment of the cost for legal advertising as is hereinbefore provided upon the creation of a corporation. The petition with the Order thereon shall be advertised in the same manner as an application for the creation of a corporation. The Clerk of the Superior Court shall deliver to the petitioner two (2) certified copies of the said petition and the Order thereon which shall be delivered by the petitioner to the Secretary of State, together with the fees hereinbefore provided to be paid to the Secretary of State upon the original creation of a corporation. The Secretary of State will retain one of the said copies in his files, and certify and deliver the other to the petitioner in the manner hereinbefore provided, which certified copy and other certified copies thereof issued by the Secretary of State, as hereinbefore provided, shall have the force and effect hereinbefore provided. If one or more of the constituent corporations is a corporation required to be chartered by the Secretary of State and the merged or consolidated corporation is to be of a character for which charters are granted only by the Secretary of State, the constituent corporations shall file a petition with the Secretary of State and do all things required by Statute for the creation of such a corporation. Section 19. When the agreement is signed and the petition presented, as hereinbefore provided, and the Order of the Superior Court or the Judge thereof entered thereon, or the petition filed with the Secretary of State, the separate existence of the constituent corporations shall cease and the merging or consolidating corporations shall become a single corporation, in accordance with the said agreement, possessing all the rights, privileges, powers, franchises and immunities as well of a public as of a private nature except exemptions from taxation and except exemptions from special

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assessments for street paving or other special assessments of each of said corporations; and all property, real, personal and mixed, and all debts due on whatever account, and all other things in action of or belonging to each of said corporations shall be vested in the resulting corporation; and all property, rights, privileges, powers, franchises and immunities, except exemption from taxation and except exemption from special assessments for street paving or other special assessments, and all and every other interest shall be thereafter as effectually the property of the resulting corporation as they were of the several and respective former corporations; and the title to any real estate, whether acquired by deed or otherwise, under the laws of this State vested in either of such corporations shall not revert or be in any way impaired by reason thereof, provided that all rights of creditors and all liens on the property of either of said former corporations shall be preserved unimpaired, limited in lien to the property affected by such liens at the time of the merger or consolidation; and all debts, liabilities and duties of the respective former corporations shall thenceforth attach to said consolidated corporation and may be enforced against it to the same extent as if said debts, liabilities and duties had been incurred by it. Powers and rights. Section 20. If any stockholder entitled to vote in either corporation, consolidating or merging, as aforesaid, shall vote against the same and shall at or prior to the taking of the vote object thereto in writing, or if any stockholder of record in either corporation, consolidating or merging, as aforesaid, but not entitled to vote thereon, shall at or prior to the taking of the vote object thereto in writing, and if in either case such stockholder within twenty days after the taking of such vote demand in writing of the corporation in which he holds stock that payment be made to him of the fair cash value of his stock, such corporation shall within thirty days after the date of the Order of the Superior Court

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or the Judge thereof, as aforesaid, pay to him the fair cash value of his stock, unless said merger or consolidation is abandoned. Stockholders. In case of disagreement as to the value of his stock, the stockholder may, within thirty days after the date of the said Order of the Superior Court or the Judge thereof or the filing of the petition with the Secretary of State, apply by petition to the Superior Court of the county in which was located the principal place of business of the corporation in which said stockholder held stock or in the county where is located the principal place of business of the resulting corporation for an arbitration, and the Court, on reasonable notice of not less than ten days to be prescribed by it to the resulting corporation and to the dissenting stockholder shall order an arbitration of the value of the stock. The stockholder shall choose one arbitrator and the corporation shall choose another arbitrator within the time provided in the Order of the Judge of the Superior Court, and, if these two arbitrators shall not agree on the value of the stock, they shall choose an umpire, and, if either party fails to appoint an arbitrator or if they are unable to agree within five days upon an umpire, an umpire shall be appointed by the Judge of the Superior Court. Said arbitrators and umpire, if there be one, shall take an oath to appraise fairly and impartially the value of said stock and shall within the time limited by the Judge of the Superior Court make a return to The Court of their appraisal of the value of said stock. Said arbitrators and umpire may make an appraisal by a majority thereof. If, within ten days after the said appraisal is filed in the office of the Clerk of the Superior Court, neither the stockholder nor the corporation shall enter in writing an appeal from the finding, an Order shall be entered confirming said appraisal and when so confirmed shall be filed and shall be conclusive. Value of stock. Arbitration. Appraisal. Within ten days after said appraisal is filed in the Office of the Clerk of the Superior Court either the dissenting stockholder or the corporation may enter an appeal in writing

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from the finding of the arbitrators to the Superior Court and at the term succeeding and convening not less than twenty days after the filing of the appeal, the Judge of the Superior Court shall cause an issue to be made and tried by a jury as to the value of the stock with the same right to move for a new trial and file a Bill of Exemptions as in cases at common law. Appeal. Upon any stockholder's making demand in writing as aforesaid for the value of his stock, such stockholder shall cease to be a stockholder in the corporation in which he held a stock and shall have no rights with respect to such stock except the right to receive payment therefor, as aforesaid; and, upon payment of the agreed value of the stock or of the value of the stock on final judgment, said stockholder shall transfer his stock to the resulting corporation. In the event the resulting corporation shall fail to pay the amount of said judgment within ten days after the same shall become final, execution shall issue thereon and said judgment be enforced as other judgments of the Superior Court are enforced. Each stockholder in either of the consolidating or merging corporations, at the time the merger or consolidation becomes effective, entitled to vote who does not vote against the merger or consolidation and object thereto in writing, as aforesaid, and each stockholder in each of the constituent corporations at the time the merger or consolidation becomes effective not entitled to vote who does not object thereto in writing, as aforesaid, shall cease to be a stockholder in such constituent corporation and shall be deemed to have assented to the consolidation or merger and, together with the stockholders voting in favor of the consolidation or merger, entitled to receive certificates of stock in the resulting corporation or other securities or property in the manner and on the terms specified in the agreement. Judgment and execution. Section 21. Whenever, under the terms of this Act, two or more corporations merge or consolidate, the agreement

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under which the merger or consolidation takes places shall determine whether the procedure herein provided does result in the creation of a new corporation or in the continued existence of one of the constituent corporations into which the other corporation or corporations are merged or consolidated. Merger or consolidation. Section 22. The right and power in this Act provided to merge or consolidate is cumulative, and in addition to any power or right to merge or consolidate vested in corporations heretofore created or provided by or under terms of other Statutes or provisions of the Code of the State of Georgia. Cumulative right. Section 23. Upon the merger or consolidation of corporations, as herein provided, the consolidated corporation or the corporation into which the constituent companies are merged may cause to be recorded in the records of any Clerk of any Superior Court of this State a certified copy of the charter of the consolidated corporation or the corporation into which the constituent corporations are merged, with the Order of the Superior Court or the Judge thereof and the Certificate of the Secretary of State thereon, with the same force and effect as is provided by the statutes of this State for the record of deeds conveying title to land. Record of charter. Section 24. Any corporation incorporated or re-incorporated under this Act may from time to time reduce its capital to any amount not less than the sum of Five Hundred ($500.00) Dollars plus the aggregate par value of all shares of stock having par value to remain outstanding after such reduction and plus the stated value set for the purpose of capitalization under the terms of this Act of stock without par value to remain outstanding after such reduction, and distribute among its stockholders all or any part of the excess of its assets over the aggregate of the amount to which the capital is reduced and the corporation's further liabilities. Such reduction and distribution may be effected by retiring

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any class of stock or by drawing the necessary number of shares by lot for retirement or by the surrender by every stockholder of his shares and the issue to him in lieu thereof of the decreased number of shares or by the purchase of certain shares for retirement or by retiring shares owned by the corporation or by reducing the capitalization, under the terms of this Act, of shares without par value or by reducing the par value of shares having par value, or by converting shares having a par value into a like or different number of shares of no par value, provided, however, that no distribution shall be made to stockholders of one class in violation of equal or prior rights of stockholders of another class, as determined by the charter or an amendment thereof, except with the consent of the respective holders of the stock of such other class; and, provided, further, that no such reduction or such distribution shall be effective until the proposed reduction and the method of distribution shall have been acted upon by the Directors and stockholders in accordance with the provisions of this Act for the amendment of a charter and such action shall be accomplished by an amendment to the charter of the corporation in accordance with the terms of this Act. Capital reduction. Upon such reduction of the capital of the corporation, if the consent or resolution of the stockholders shall so provide, an amount not exceeding that by which the capital is reduced may be credited to the capital surplus of the corporation. Where the number of shares of the outstanding capital stock are reduced by an amendment, as aforesaid, the amendment may stipulate whether the said shares shall be retired or on what terms they may be re-issued, if at all. Section 25. In the absence of provisions by charter or by-laws, whenever, under the provisions of this Act, stockholders are required or authorized to take any actino at a meeting, notice of the meeting in writing shall be given by

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the President or a Vice-President or the Secretary or an Assistant Secretary or by such other person or persons as by By-Laws may prescribe or permit, as follows: Notice of meeting. Such notice shall state the purpose or purposes for which the meeting is called, the time when and the place where it is to be held. A copy of such notice shall be served upon or mailed to each stockholder of record entitled to vote at such meeting or entitled to receive notice thereof under the terms of this Act not less than ten days or more than sixty days before such meeting, unless such notice shall be waived in writing. If mailed, it shall be directed to the stockholder at his address as it appears on the records of the corporation. Notice duly served upon or mailed to a stockholder in accordance with the provisions of this Section and the provisions, if any, of the charter and amendments thereof, or the by-laws, shall be deemed sufficient; and, in the event of the transfer of stock after such service and prior to the holding of the meeting, it shall not be necessary to give notice of the meeting to the transferee. This section shall apply only to meetings of the stockholders required under the terms of this Act, and other meetings not required to be held under the terms of this Act may be held in accordance with the provisions of the Charter or By-Laws of the Corporation. All meetings of stockholders and incorporators shall be held within this State. Meetings of directors may be held either within or without this State. Any stockholder may waive notice of any meeting, either before, at or after the meeting. Purposes. Section 26. Unless otherwise provided in the charter or an amendment thereto, every stockholder of record of the corporation shall be entitled at each meeting of the stockholders thereof and upon each proposal presented at such meeting to one vote for each share of stock standing in his name on the books of the corporation; provided, however, that unless contrary provisions are contained in the charter, or an amendment thereof, the directors may prescribe a

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period not exceeding thirty days prior to any meeting of the stockholders, during which no transfer of stock on the books of the corporation may be made, o may fix a day not more than thirty days prior to the holding of any such meeting as a day as of which stockholders of record entitled to notice of and to vote at such meeting shall be determined. But in such case notice that such day has been so fixed shall be published at least five days before said day in a newspaper published in each city or town where an agency for the transfer of shares entitled to vote at such meeting is maintained and in the city or town where the principal office of the corporation is located, and only stockholders of record on such day shall be entitled to notice or to vote at such meeting. The book containing the list of stockholders or certified copy of the list of stockholders shall be produced at any meeting of the stockholders upon the request of any stockholder, and all persons, firms and corporations may vote at such meeting who may appear from such books to be stockholders entitled to vote at such meeting under the charter of this Act. Votes. Section 27. At any meeting of the stockholders of any corporation any stockholder of record may be represented and vote by proxy or proxies appointed by an instrument in writing. If such instrument in writing shall designate two or more persons to act as proxies, a majority of such persons present at the meeting, or, if only one shall be present, then that one shall have and may exercise all of the powers conferred by such written instrument upon all of the persons so designated unless the instrument shall otherwise provide. Proxies. Section 28. The business of either corporation shall be managed by a Board of not less than three Directors or Trustees, all of whom shall be of full age, subject only to such limitations as may be provided by this Act or the charter or any amendments thereof or the by-laws of the corporation. Subject to such limitations as may be contained in the charter or by-laws, such Board of Directors shall have full

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control over the affairs of the corporation and may authorize the exercise of all its corporate powers. Unless the charter or an amendment thereof shall provide for a lesser proportion, a majority of the Board of Directors of the corporation at a meeting duly assembled shall be necessary to constitute a quorum for the transaction of business and the act of the majority of the Directors present at a meeting at which a quorum is present shall be the act of the Board of Directors; provided, however, that the by-laws of the corporation may provide that a larger proportion is necessary to constitute a quorum for the transaction of business and for an act of the Board of Directors. Unless otherwise provided in the charter or an amendment thereof, it shall not be necessary for Directors to be stockholders. Directors' meetings may be held within or without this State. Management by board of directors. Section 29. Unless it shall be otherwise provided in the charter or an amendment thereof, the Board of Directors may by resolution designate two or more of their number to constitute an executive committee, who, to the extent provided in such resolution or in the By-laws of the corporation, shall have and may exercise the powers of the Board of Directors in the management of the affairs and property of the corporation and the exercise of its corporate powers. Powers. Section 30. The charter or an amendment thereof or the By-laws may provide that the Directors may be divided into two or more classes whose terms of office shall respectively expire at different times. Vacancies in the Board of Directors shall be filled by the Directors remaining in office unless it shall be otherwise provided in the charter or an amendment thereof or in the By-laws. Directors shall hold office for the term prescribed in the charter or an amendment thereof or the by-laws and until their successors are elected. Terms of office. Section 31. Every corporation shall have a President (who shall be a Director), a Secretary, and a Treasurer, and such other officers as may be provided for in the charter or

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an amendment thereof or in the By-laws. They shall be chosen in the manner and for the term provided in the By-laws and have such powers and duties as may be prescribed by the by-laws or the Board of Directors. Any person may hold two or more offices except that the President shall not be also the Secretary of the Corporation. Officers. Section 32. Every corporation may, by action taken at any meeting of its Board of Directors, sell, lease or exchange all of its property and assets, including its good will and its corporate franchise or any property or assets essential to its corporate business upon such terms and conditions as its Board of Directors deem expedient when and as authorized by the affirmative vote of stockholders of record holding stock in the corporation entitling them to exercise at least a majority of the voting power on a proposal to sell, lease or exchange all of the property and assets of the corporation given at a stockholders' meeting called for that purpose in the manner hereinbefore provided; provided, however, that the charter or an amendment thereof or the by-laws may require on such proposal the voting of a larger proportion of the stockholders, and the separate vote or consent of a majority or a larger proportion of any class of stockholders of record; and provided, further, that unless provided in the charter or an amendment thereof, no vote of the stockholders shall be necessary for a transfer of assets by way of mortgage or in trust or in pledge to secure indebtedness of the corporation. Sales, leases, exchanges. Section 33. Any corporation incorporated or reincorporated under the terms of this Act may renew or extend its charter one or more times and from time to time whenever it desires, each renewal to be for a period of not exceeding thirty-five years, by filing a petition to the Superior Court or the Judge thereof, as hereinbefore provided, in the manner and upon like vote as herein provided for the amendment to charters of corporations. Renewal of charter.

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Section 34. Persons who organize a corporation and transact business in its name before the amount of capital, with which the petition or declaration for its charter state's that it will begin business, has been bona fide subscribed for are liable to creditors to make good the amount of capital so stated. Liability to creditors. Section 35. If it should be deemed desirable in the judgment of the Board of Directors or for the benefit of any corporation incorporated or reincorporated under this Act, that it shall be dissolved, the Board of Directors may adopt a resolution to that effect and call a meeting of the stockholders having voting powers on a proposal to dissolve and take action on the resolution so adopted. Such meeting of the stockholders shall be held upon notice given in the manner hereinbefore provided and if at such meeting or any adjournment thereof the holders of record of stock entitled to exercise two-thirds of all the voting power determine that the dissolution shall take place, a petition with a certified copy of said resolution attached thereto shall be filed in the manner hereinbefore provided for the amendment of the charter and an Order obtained thereon from the Superior Court or the Judge thereof dissolving said corporation in the same manner hereinbefore provided for the amendment of a charter to a corporation, and the same shall be advertised in like manner. Dissolution. Section 36. All corporations, whether they expire by their own limitations or are otherwise dissolved, shall nevertheless be continued for the term of three years and until final disposition of all suits begun within that time from such expiration or dissolution bodies corporate for the purpose of prosecuting and defending suits by or against them and enabling them gradually to settle and close their business, to dispose of any convey their property and to divide their assets, but not for the purpose of continuing the business for which the said corporation shall have been established. Continued existence.

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Section 37. Upon the dissolution of any corporation under the provisions of this Act or upon the expiration of its corporate existence limited by its charter, the Directors or their survivors shall be Trustees thereof with full power to settle the affairs, collect the outstanding debts, sell and convey the property, real and personal, and divide the monies and other property among the stockholders, after paying its obligations and liabilities or providing therefor. Trustees. Section 38. The persons constituted Trustees, as aforesaid, shall have authority to sue for and recover the aforesaid debts and property in the name of the Trustees of such corporation, describing it by its corporate name, and shall be suable by the same name for the debts owing by such corporation at the time of its dissolution and shall be responsible for the debts of the dissolved corporation to the extent of the monies and properties of such corporation which shall come into their hands or possession. Such Trustees may act by a majority thereof. Any vacancies in the office of Trustee may be filled by the Judge of the Superior Court instanter upon notice of any party at interest, including the Trustees. Authority of trustees. Section 39. When any corporation incorporated or rein-corporated under this Act shall be dissolved or cease to exist in any manner whatever, the Judge of the Superior Court, of the county in which its principal place of business is located, on application of any creditor or stockholder at any time, may either continue such directors as Trustees, as aforesaid, or, upon equitable cause being shown therefor, appoint one or more persons the Receivers of and for such corporation to take charge of the assets and effects thereof, and collect the debts and property due and belonging to the corporation with power to prosecute and defend in the name of the corporation, or otherwise, all such suits as may be necessary or proper for the purposes aforesaid and to appoint an agent or agents under them and to do all other acts which might be done by such corporation if in being that

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may be necessary for the final settlement of unfinished business of the corporation, and the powers of such trustees or receivers may be continued as long as the Superior Court shall think necessary for the purposes aforesaid. Receivers. The said Trustees or receivers, after payment of all allowances, expenses and costs and the satisfaction of all special and general liens upon the funds of the corporation to the extent of their lawful priority, shall pay the other debts due from the corporation if the funds in their hands shall be sufficient therefor, and, if not, they shall distribute the same ratably among all the creditors who shall prove their debts in the manner that shall be directed by an Order of the Superior Court for that purpose; and, if there shall be any balance remaining after the payment of such debts and necessary expenses, they shall distribute and pay the same to and among those who shall be justly entitled thereto as having been stockholders of the corporation or their legal representatives. Debts and distribution. Section 40. If any corporation created under any law of this or any other State becomes dissolved by the expiration of its charter or otherwise before final judgment obtained in any action pending in any court of this State against such corporation, the said action shall not abate by reason thereof but, the dissolution of such corporation being suggested of record and the names of the trustees or receivers of such corporation being entered upon the record and notice thereof served upon said trustees or receivers, or, if such service be impracticable, upon the counsel of record in such case, the said action shall proceed to final judgment against the said trustees or receivers by the name of the corporation. Pending suits. Section 41. Before the payment of any part of the capital and before beginning the business for which the corporation was created, the incorporators named in the charter may dissolve the corporation by filing a petition for that purpose, in the manner provided in this Act for the amendment of

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such charter, by the oath or affirmation of a majority of the incorporators named in the charter that no part of the capital has been paid and such business has not been begun. Thereupon, the said corporation shall be dissolved. Dissolution. Section 42. A corporation not organized for pecuniary gain or profit and without capital stock may be incorporated under the terms of this Act and such corporation need not comply with the provisions of this Act relating to capital stock and other matters not pertinent to its organization. Non-profit corporations. Section 43. Nothing in this Act shall be deemed to alter or affect in any way the right to or the procedure for the domestication of a foreign corporation as same existed under the laws of this State prior to the passage of this Act. Nor shall this Act affect the rights, privileges or liabilities heretofore or hereafter acquired under existing domestication laws. Domestication. Section 44. Any corporation in existence at the time of the passage of this Act, the business of which is of such a nature that it could be incorporated under the terms of this Act, may have all of the rights, powers and privileges conferred upon a corporation incorporated under the terms of this act by reincorporation under the terms hereof. Reincorporation under the terms hereof, so as to confer all of such rights, powers and privileges upon such corporation, shall be effected by an amendment to the charter of such corporation, adopted in the manner herein provided, stating that such amendment is for the purpose of becoming reincorporated under the terms of this Act. Any corporation which procures an amendment to its charter under the terms of this Act, or renews its charter under the terms of this Act, shall be deemed to be reincorporated under the terms hereof and to have all of the rights, powers and privileges that it would have had if originally incorporated hereunder. Reincorporation powers.

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Section 44a. None of the terms of this Act shall apply to corporations excepted from the provisions of this Act under the terms of Section 1 hereof, nor to electric membership corporations as defined in an Act approved March 30, 1937, Georgia Laws 1937, pages 644 et seq. Non-application of this Act. Section 44b. Be it further enacted that Section 22-308 of the Code of Georgia of 1933, as amended by an Act approved March 15, 1935, (Georgia Laws 1935, pages 108-9) be and the same are hereby repealed, which is to say, that said Code Section and said Act are both hereby repealed and a new section to be numbered 22-308, to read as follows, be inserted in lieu thereof: Repeal of laws. 22-308. Charters granted, amended, renewed, or revived in vacation.The judges of the Superior Courts shall be authorized and empowered to grant charters to private companies and corporations and to amend, renew, and revive such charters in vacation, either at chambers in the county where the application for charter, amendment, renewal or revivor is pending, or at chambers in any county which forms a part of the judicial circuit in which said application is pending, in the same manner and subject to the same restrictions as now provided by law for granting, amending, renewing and reviving charters in term time, and the applicants for charters, amendments and renewals shall comply with the provisions of law, so far as the same may be applicable, as provided in this Act, and the applicants for revivors shall likewise comply with the provisions of law, so far as the same may be applicable, as provided in this Act, and companies whose charters have been granted, amended, renewed or revived in vacation shall be subject to all privileges, powers, conditions and liabilities, as provided in this Act. All charters of private corporations and all amendments, renewals and revivors thereof heretofore granted by the judges of the Superior Courts of this State in vacation, either at chambers in the county where the application was pending or

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at chambers in any county which forms a part of the judicial circuit in which such application was pending, are hereby confirmed, validated and declared to be of full effect from the dates of the orders or judgments granting such charters, amendments, renewals or revivors. New Code 22-308. Section 45. This Act shall go into effect on the 30th day after its approval by the Governor, and applications for charters at that time pending shall not be affected thereby but shall proceed under the now existing laws. Effective date of Act. Section 46. All laws and parts of law in conflict herewith are repealed. Approved January 28, 1938. COUNTY BOARD OF EDUCATION ELECTIONS FITZGERALD DISTRICT EXCEPTED. 32-902. No. 125. An Act to amend the Act approved March 31, 1937, (Georgia Laws 1937, pp. 441-443), which Act deals with the manner of selecting members of the county board of education in certain designated counties, by adding a proviso to section 1 of said Act, providing that persons residing in the Fitzgerald District (an independent school district) shall not be qualified or eligible to participate in said election; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. That section 1 of the Act approved March 31, 1937 (Georgia Laws 1937, pp. 441-443) changing the manner of selecting members of the county board of education

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in certain designated counties be and the same is hereby amended by adding at the end of said section 1, after the word county, a comma in the place of the period, and by adding the following, to wit: Act of 1937 amended. Except that the qualified voters of the county residing in the Fitzgerald District (an independent school district) shall be ineligible and disqualified from voting or otherwise participating in the election, and said district shall not be entitled to a member on the county board of education, so that said section 1 as amended shall read as follows: 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 election 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, except that the qualified voters of the county residing in the Fitzgerald District (an independent school district) shall be ineligible and disqualified from voting or otherwise participating in the election, and said district shall not be entitled to a member on the county board of education. 32-902. Population. Voters disqualified. Section 2. That all laws and parts of laws in conflict with this Act are hereby repealed.

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COURT RECORDSCARD-INDEX SYSTEM. 24-2715 No. 341. An Act to amend subparagraph 8 of section 24-2715 of the Code of Georgia of 1933 by adding at the end of said paragraph the following: Provided, that in any county having a population of 200,000, or more, by the Census of 1930, or any future census, said clerk may provide a suitable cross-reference card-index system for indexing the records in this paragraph enumerated in lieu of a duplicate index-book herein provided. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this act subparagraph 8 of section 24-2715 of the Code of Georgia of 1933 be and the same is hereby amended by adding at the end of said subparagraph 8 the following language, to wit: Provided, that in any county having a population of 200,000, or more, by the census of 1930, or any future census, said clerk may provide a suitable cross-reference card-index system for indexing the records in this paragraph enumerated in lieu of a duplicate index book herein provided, so that said subparagraph 8 of said section 24-2715 of the Code of 1933 shall read as follows: 24-2715 amended. Population. 8. The clerk of the superior court shall provide, at the expense of each county, a duplex index-book, wherein shall be indexed the names of grantor and grantee of every instrument recorded in his office, the character of the instrument, date of the instrument, book where recorded, and the date of the record; provided, that in any county having a population of 200,000, or more, by the census of 1930, or any future census, said clerk may provide a suitable cross-reference card-index system for indexing the records in this paragraph enumerated in lieu of a duplicate index book herein provided. Duplex index. Card-index system.

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Section 2. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved February 12, 1938. ELECTION-PRECINCT HOURS. 34-1302. No. 370. An Act to amend section 34-1302 of the Code of 1933, relating to elections, how and when held, by adding to the end of said section the following sentence: In any precinct, in all counties having wholly or partly within their boundaries a city of not less than two hundred thousand (200,000) population, outside of such incorporated town or city, which precinct has a registration of two hundred (200), or more voters registered to vote in such precinct, such precinct shall be kept open from seven o'clock a.m. to six o'clock p. m.; provided, however, the County Registrars or a majority thereof certify to the fact that two hundred (200) or more voters are registered to vote in such precinct and deliver such certificate to the managers of such voting precinct before the opening of the polls for any election, or primary nomination, or election. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act section 34-1302 of the Code of 1933 be, and the same is hereby, amended by adding at the end thereof the following: 34-1302 amended. In any precinct, in all counties having wholly or partly within their boundaries a city of not less than two hundred thousand (200,000) population, outside of an incorporated town or city, which precinct has a registration

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of two hundred (200), or more, voters registered to vote in such precinct, such precinct shall be kept open from seven o'clock a.m. to six o'clock p.m., provided, however, the County Registrars or a majority thereof certify to the fact that two hundred (200) or more voters are registered to vote in such precinct and deliver such certificate to the managers of such voting precinct before the opening of the polls for any election, or primary nomination, or election. Population. Section 2. Be it further enacted by the authority aforesaid that all laws, or parts of laws in conflict herewith be and the same are hereby repealed. Approved February 12, 1938. EMINENT DOMAINCONDEMNATION. 36-1104, 36-1115. No. 164. An Act to amend Title 36, Chapter 36-11 of the Civil Code of Georgia of 1933, by adding after chapter 36-11, Condemnation by State or National Government the words and all persons or corporations having the privilege of exercising the right of eminent domain; and to amend section 36-1104 of said Title and chapter by adding after the words United States and before the word shall, in the second line of said section, the following words: And all persons or corporations having the privilege of exercising the right of eminent domain; and to further amend said section 36-1104 by adding after the word Government and before the word nay, in the twelfth line of said section, the following words: Person or Corporation; and to amend section 36-1115 by striking the word is after the words United States, and before

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the word concerned in the fifth line of said section; and to further amend said section 36-1115 of said chapter and title by adding after the words United States and before the word concerned in the fifth line of said section, the following words: And all persons or corporations having the privilege of exercising the right of eminent domain, are; and to provide county authorities shall have authority to condemn for detours, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage and approval of this Act, title 36, and chapter 36-11, of the Code of Georgia, 1933, which reads as follows: Chapter 36-11. Condemnation by State or National Government shall read as follows: Chapter 36-11 to be read. Chapter 36-11. Condemnation by State or National Government, and all persons or corporations having the privilege of exercising the right of eminent domain. Be it further enacted by the authority, aforesaid, that section 36-1104, which reads as follows; 36-1104. When proceeding authorized.Whenever the State of Georgia or the United States shall desire to take or damage private property in pursuance of any law so authorizing, and shall find or believe that the title of the apparent or presumptive owner of such property is defective, doubtful, incomplete or in controversy; or that there are or may be persons unknown or nonresident who have or may have some claim or demand thereon, or some actual or contingent interest or estate therein; or that there are minors or persons under disability who are or may be interested therein; or that there are taxes due or that should be paid thereon; or shall, for any reason, conclude that it is desirable to have a judicial ascertainment

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of any question connected with the matter; such Government may, through any authorized representative, either in term time or vacation, petition the superior court of the county having jurisdiction, for a judgment in rem., against said property, condemning the same to the use of the petitioner upon payment of just and adequate compensation therefor to the person or persons entitled to such payment. (Acts 1914, p.92.), be amended, so that, when amended, said section shall read as follows: 36-1104 amended. 36-1104. When proceeding authorized.Whenever the State of Georgia or the United States, and all persons or corporations having the privilege of exercising the right of eminent domain, shall desire to take or damage private property in pursuance of any law so authorizing, and shall find or believe that the title of the apparent or presumptive owner of such property is defective, doubtful, incomplete or in controversy; or that there are or may be persons unknown or nonresident who have or may have some claim or demand thereon, or some actual or contingent interest or estate therein; or that there are minors or persons under disability who are or may be interested therein; or that there are taxes due or that should be paid thereon; or shall, for any reason, conclude that it is desirable to have a judicial ascertainment of any question connected with the matter; such Government, person or corporation, may, through any authorized representative, either in term time or vacation, petition the superior court of the county having jurisdiction, for a judgment in rem., against said property, condemning the same to the use of the petitioner upon payment of just and adequate compensation therefor to the person or persons entitled to such payment. (Acts 1914, p.92.) To be read. Be it further enacted by the authority aforesaid, that section 36-1115, which reads as follows: 36-1115. Provisions of chapter supplementary and cumulative.This chapter shall not be construed as

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repealing chapters 36-2 to 36-6, prescribing a method of procedure for the condemnation of private property, but as supplementary thereto and cumulative thereof in cases in which the State or the United States is concerned, and as intended to make simpler and more effective the method of condemnation in those cases where conflicting interests or doubtful questions render a judicial supervision of the procedure desirable. In all particulars not otherwise herein specially provided for, the court shall conform its procedure as nearly as may be to the provisions of the said chapters, and the same shall remain of force. (Acts 1914, pp.92,95.), be amended so that said section, when amended, shall read as follows: 36-1115 amended. 36-1115. Provisions of chapter supplementary and cumulative. This chapter shall not be construed as repealing chapters 36-2 to 36-6, prescribing a method of procedure for the condemnation of private property, but as supplementary thereto and cumulative thereof in cases in which the State or the United States, and all persons or corporations having the privilege of exercising the right of eminent domain, are concerned, and as intended to make simpler and more effective the method of condemnation in those cases where conflicting interests or doubtful questions render a judicial supervision of the procedure desirable. In all particulars not otherwise herein specially provided for, the court shall conform its procedure as nearly as may be to the provisions of the said chapters, and the same shall remain of force. (Acts 1914, pp.92,95.) To be read. Section 2. The county authorities consisiting of the Ordinary or County Commissioners, as the case may be, shall have the right to condemn for detours necessary or useful in the improving, reconstruction, widening, laying out, altering, grading or repairing of public roads in their respective counties. Condemnation for detours.

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Section 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved January 13, 1938. FISHINGBOAT LICENSE FEES. 45-210. No. 301. An Act amending section 45-210 of the Georgia Code of 1933 relating to license fees levied on commercial fishing boats and providing the amounts thereof, by providing for an additional license tax or fee of $25.00 on all aliens or nonresidents of the State of Georgia on each boat, vessel, or launch engaged in fishing, 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 45-210 of the Georgia Code of 1933, relating to license fees levied on commercial fishing boats, and prescribing the amounts thereof, be, and the same is hereby amended by adding thereto the following provision, to wit: 45-210 amended. An additional license tax or fee of $25.00 shall be required of all aliens or nonresidents of the State of Georgia on each and every boat, vessel, schooner or launch engaged in fishing or having to do with fishing in this State, owned in whole or in part by such alien or nonresident, in addition to the boat license tax or fee required by this section. Said section when so amended shall read as follows:

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45-210. License fees levied on commercial fishing boats; amounts.A license fee of $5.00 shall be levied on all bateaux; on all boats of less than five tons propelled by sail or power a license fee of $10.00 shall be paid; and on all boats of over five tons a license fee of $2.00 per ton, or fraction of a ton, shall be paid. An additional license tax or fee of $25.00 shall be required of all aliens or nonresidents of the State of Georgia on each and every boat, vessel, schooner or launch engaged in fishing or having to do with fishing in this State, owned in whole or in part by such alien or nonresident, in addition to the boat license tax or fee required by this section. To be read. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 7, 1938. GAMEOPEN SEASON. 45-308. No. 104. An Act to amend section 45-308 of chapter 45-3 of the Code of Ga. 1933, by adding after the word inclusive in the last line of said section, the following proviso. Provided however that nothing in this section shall authorize the hunting, killing or possession of marsh hens, during any part of the year in any county of the State having a population of not less than 5758 and not more than 5768 according to the U. S. Census of 1930 or any subsequent year and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Ga. that from and after the passage of this Act that section 45-308 of chapter 45-3 of the Code of Ga. 1933, be and the same is hereby amended by adding after the word inclusive in the last line of said section the

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following proviso. Provided however that nothing herein shall authorize the hunting, killing, or possession of marsh hens for a period of three years from the passage of this Act in any county in the State of Ga. having a population of not less than 5758 and not more than 5768 according to the U. S. Census of 1930 or any subsequent years; so that said section when amended shall read as follows: Section 45-308. Open Season for Hunting. The lawful open season for hunting game birds and animals in this State shall be as follows, to wit: 45-308 amended. Bob White QuailNov. 20 to March 1, inclusive; Cat SquirrelsOct. 1 to Jan. 15, inclusive; Seasons. DeerNov. 15 to Jan. 5, inclusive; DoveSept. 1 to Sept. 30, inclusive and Nov. 20 to Jan. 31, inclusive; Marsh HensSept. 1 to Nov. 30, inclusive; Migratory DuckNov. 1 to Jan. 31, inclusive; SnipeNov. 1 to Jan. 31, inclusive; Summer or Wood DuckSept. to Dec. 31, inclusive; Wild GeeseNov. 1 to Jan. 31, inclusive; Wood CockSept. 1 to Dec. 31, inclusive; Provided however that nothing herein shall authorize the hunting, killing or possession of marsh hens for a period of three years from the passage of this Act in any county in the State of Ga. having a population of not less than 5758 and not more than 5768 according to the U. S. Census of 1930 or any subsequent years. Marsh hens. Population. Section 2. Be it further enacted that all laws and parts of laws in conflict with this act are hereby repealed. Approved December 31, 1937.

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MOTOR-FUEL-TAX DISTRIBUTION. 92-1410. No. 71. An Act to amend section 92-1410 of the 1933 Code of Georgia relative to the distribution of money derived from the gasoline tax to counties by providing that the said money shall be paid to counties on a monthly basis; 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 92-1410 of the 1933 Code of Georgia providing: The portion of the fund required by section 92-1402 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 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. 92-1402 amended. be and the same is hereby amended by striking therefrom the words: January, April, July, and October each year and the words: three months, and by substituting in lieu thereof respectively the following language: each month, and the word: month, so that section 92-1410 of the 1933 Code, when amended, will read as follows: Words stricken.

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The portion of the fund required by section 92-1402 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 15th day of each month, the amount distributable on account of the collection of the preceding month 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. To be read. Distribution. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved December 24, 1937. MOTOR VEHICLES. 68-210, 68-211. Repealing Act. No. 66. An Act to amend title 68 (Motor Vehicles), chapter 68-2 (License for motor vehicles and chauffeurs), of the Code of Georgia of 1933 by striking all of section 68-211 of said title and chapter, which provides a schedule of annual fees for motor vehicles, as amended by an Act of the General Assembly of Georgia approved February 1, 1935, entitled An Act to amend title 68 (`Motor Vehicles'), chapter 68-2 (`License for motor vehicles and chauffeurs'), of the Code of Georgia of 1933, by striking all of section 68-210 of said title and chapter, which provides for the registration of motor vehicles at half-year rates and quarter-year rates; by striking all of section 68-211 of said title and chapter, which provides the schedule of annual fees for motor vehicles, and enacting in lieu thereof a new section

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fixing the annual license fee for all motor vehicles, except farm tractors and motorcycle side cars, at $3.00; and for other purposes, appearing on pages 156 and 157 of the Acts of the General Assembly of Georgia 1935, and inserting in lieu of section 68-211 as amended by said Act approved February 1, 1935, so as to provide a new schedule of fees for all motor vehicles, including automobiles, motorcycles, buses, trucks, trailers, and semi-trailers, ambulances and hearses; so as to provide the time of payment; to provide for half-year rates; to provide for the allocation of funds derived therefrom; and provisions for different classes of identification tags for each class of vehicles; and to repeal an Act approved March 30, 1937 entitled 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

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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 nonresident 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; 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; by providing a new schedule of fees for all motor vehicles, including automobiles; motorcycles, buses, trucks, trailers and semi-trailers, tractors, ambulances and hearses; so as to provide the time of payment; to provide for half-year and quarter-year rates; to provide for the allocation of funds derived therefrom; and provisions for different classes of identification tags for each class of vehicles; 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 for the date when this Act shall go into effect; to provide for the collection of past due taxes owed under prior Acts; and to provide for brakes on certain trailers; 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 title 68, chapter 68-2, of the Code of Georgia of 1933, as amended by an Act of the General Assembly of Georgia approved February 1, 1935, appearing on pages 156 and 157 of the Acts of the General Assembly of Georgia of 1935, referred to in the caption of this Act, be amended by striking all of section 68-211 of said title and said chapter which provides a schedule of annual fees for motor vehicles. Chapter 68-2 amended. 68-211 stricken. Section 2. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the Act of the General Assembly of Georgia, approved March 30, 1937, appearing on pages 155 through 167 of the Acts of the General Assembly of Georgia of 1937, referred to in the caption of this Act and relating to the imposition of a maintenance tax to be paid by owners of motor buses, trucks and/or trailers operating over the public highways of this State and to the repeal of chapter 92-29 of the Georgia Code of 1933, be and the same is hereby repealed, said repeal not to revive chapter 92-29 of the Georgia Code of 1933. Act of 1937 repealed. Chapter 92-29 not revived. Section 3. 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. Words defined. 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.

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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. Section 4. Be it further enacted by the authority aforesaid, that the annual fees for the licensing of the operation of vehicles shall be as follows for each vehicle registered. Fees. (1) For each passenger motor vehicle not operated as a common or contract carrier for hire weighing not over 2,500 pounds the sum of one dollar and fifty cents ($1.50), and for each additional 500 pounds of weight, or a fractional part thereof, the additional sum of one dollar ($1.00). Carriers. (2) For each motorcycle the sum of one dollar and fifty cents ($1.50). Motorcycle. (3) For each truck, or non-passenger carrying motor vehicle, not used as a common or contract carrier for hire and equipped with pneumatic tires in accordance with the manufacturers' rated capacity as follows: Trucks. (a) Less than one ton $ 2.50 (b) One ton 5.00 (c) 1 tons 10.00 (d) 2 tons 20.00 (e) 2 tons 37.50 (f) 3 tons 50.00 (g) 3 tons 100.00 (h) 4 tons 125.00 (i) 5 tons 150.00 (j) 6 tons 250.00 (k) 7 tons 350.00 (l) 8 tons 500.00 (m) 9 tons 750.00 (n) Over 10 tons 1,000.00

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(4) For each truck, or non-passenger carrying motor vehicle, not used as a common or contract carrier for hire and equipped with any tires other than pneumatic tires, the rates shall be double that set out in paragraph three (3) of this section. (5) For each truck trailer, or semi-trailer not used as, or in connection with a non-passenger carrying motor vehicle, truck, or tractor, used as a common or contract carrier for hire and equipped with pneumatic tires in accordance with the factory weight the following: Trailers. (a) Not exceeding 1,000 pounds $ 2.50 Weights. (b) Over 1,000 pounds and not exceeding 1,500 pounds 5.00 (c) Over 1,500 pounds and not exceeding 3,000 pounds 7.50 (d) Over 3,000 pounds and not exceeding 4,000 pounds 20.00 (e) Over 4,000 pounds and not exceeding 5,000 pounds 30.00 (f) Over 5,000 pounds and not exceeding 6,000 pounds 50.00 (g) Over 6,000 pounds and not exceeding 7,000 pounds 75.00 (h) Over 7,000 pounds and not exceeding 8,000 pounds 100.00 (i) Over 8,000 pounds and not exceeding 9,000 pounds 150.00 (j) Over 9,000 pounds and not exceeding 10,000 pounds 250.00 (k) Over 10,000 pounds 1,000.00 (6) For each truck trailer or semi-trailer not used as, or in connection with a non-passenger carrying motor vehicle, truck, or tractor, used as a common or contract carrier for hire and equipped with any tires other than pneumatic tires, the rates shall be double that set out in paragraph (5) of this section. Truck trailers.

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(7) For trailers and semi-trailers and house trailers, other than truck trailers and semi-trailers not used as, or in connection with a motor vehicle, truck or tractor used as a common or contract carrier for hire, the following: (a) Weighing less than 1,000 pounds, fully equipped $ 1.00 Weights. (b) Weighing more than 1,000 pounds 5.00 (8) For trailers and semi-trailers, other than truck trailers and semi-trailers, used as or in connection with a motor vehicle, truck or tractor, used as a common or contract carrier for hire, as follows: (a) $1.50 for the first 2,000 pounds according to factory weight and 1,00 for each additional 500 pounds, or a fractional part thereof. (9) Motor Buses. For each motor bus (used as a common or contract carrier for hire), the following: Motor buses. (a) Weighing 10,000 pounds or less $1.25 per one hundred pounds, factory weight, or a fractional part thereof. (b) Weighing more than 10,000 pounds and not over 15,000 pounds, factory weight, $2.00 for each one hundred pounds, or a fractional part thereof. (c) Weighing more than 15,000 pounds and not more than 20,000 pounds, factory weight, $2.50 for each one hundred pounds, or a fractional part thereof. (d) Weighing more than 20,000 pounds, and not more than 25,000 pounds, factory weight, $3.00 for each one hundred pounds or a fractional part thereof. (e) Weighing more than 25,000 pounds, $5.00 per hundred pounds, factory weight, or a fractional part thereof.

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(10) For each truck or non-passenger carrying motor vehicle operated as a common or contract carrier for hire and equipped with pneumatic tires in accordance with the manufacturers' rated capacity as follows: (a) Less than 1 ton $ 5.00 Weights and Fees. (b) 1 ton 15.00 (c) 1 tons 25.00 (d) 2 tons 37.50 (e) 2 tons 75.00 (f) 3 tons 100.00 (g) 3 tons 200.00 (h) 4 tons 300.00 (i) 5 tons 400.00 (j) 6 tons 750.00 (k) 7 tons 1,000.00 (l) 8 tons 1,250.00 (m) Over 9 tons 2,000.00 (11) For each truck or non-passenger carrying motor vehicle operated as a common or contract carrier for hire and equipped with any tires other than penumatic tires, the rate shall be double that set out in paragraph ten (10) of this section. (12) For each truck trailer or semi-trailer equipped with pneumatic tires used as, or in connection with any non-passenger carrying motor vehicle operated for hire in accordance with the factory weight as follows: (a) Not exceeding 1,000 pounds $ 5.00 Weights and Fees. (b) Over 1,000 pounds and not more than 1,500 pounds 10.00 (c) Over 1,500 pounds but not more than 3,000 pounds 15.00 (d) Over 3,000 pounds and not more than 4,000 pounds 50.00 (e) Over 4,000 pounds and not more than 5,000 pounds 75.00

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(f) Over 5,000 pounds and not more than 6,000 pounds $ 125.00 (g) Over 6,000 pounds and not more than 7,000 pounds 150.00 (h) Over 7,000 pounds and not more than 8,000 pounds 200.00 (i) Over 8,000 pounds and not more than 9,000 pounds 300.00 (j) Over 9,000 pounds and not more than 10,000 pounds 500.00 (k) Over 10,000 pounds 1,500.00 (13) For each truck or semi-trailer equipped with any tires other than pneumatic tires used as, or in connection with any non-passenger carrying motor vehicle operated for hire in accordance with the factory weight, the rates shall be double that set out in paragraph twelve (12) of this section. (14) For each motor drawn hearse or ambulance the sum of $1.50 for the first 2,500 pounds, and $1.00 for each additional 500 pounds of factory weight or fractional part thereof. (15) For each school bus operated exclusively in the transportation of pupils and teachers to and from schools or school activities, or the transportation of the owner and the members of his immediate family, the sum of $2.50. (15a.) For each motor vehicle owned by the State, any municipality, or other political subdivision of the State used exclusively for governmental functions the sum of three ($3.00) dollars. Registration and license of makers and dealers; additional tags.Manufacturers and dealers engaged in the manufacture, sale, or leasing of motor vehicles or tractors shall register with the State Revenue Commission, making application for a distinguishing dealer's number, specifying

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the name and make of motor vehicle manufactured, sold or leased by them, upon blanks prepared by the State Revenue Commission for such purposes, and pay therefor a fee of $25.00, which fee shall accompany such application, and for which said fee the State Revenue Commission shall furnish to said dealer two number plates to be known as a dealer's number and to be distinguished from the number plates herein provided for by a different and distinguishing color to be determined by the State Revenue Commission, with the word Dealer on same; dealer's number plates to be for the purpose of demonstrating or transporting dealer's vehicles for sale or lease. No dealer or manufacturer may use or permit to be used a dealer's number for private use or on cars for hire, or other manner not provided for in this section. In case dealers or manufacturers desire more than two tags, they shall so state on the application, and, in addition to the fee of $25.00 hereinabove provided, shall pay $1.00 for each and every additional number plate furnished. For each motor vehicle owned by the State, any municipality or other political subdivision of the State and used for governmental functions the sum of three dollars ($3.00). Registry and licenses. (16) For each motor vehicle used by carriers and operated 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 States Military reservation in this State, under special franchise granted by the United States War Department, the sum of $2.50. (17) The authority having in charge the administration and collection of the annual license fees herein provided for shall provide a different tag for each different class of vehicle herein specified, and shall distinguish the tag furnished to such classes of vehicles by a different letter or letterings on said tag. Provided

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that the provisions of this paragraph may be suspended by the revenue commission in their discretion for the year 1938. Tags. (18) The funds derived from the annual license fees herein levied not less than the amount produced by the annual three-dollar ($3.00) tag fee levied in 1936, is hereby allocated to the State Highway Department for the purpose of maintaining the State-aid road system, and the excess of the amount produced by the three-dollar ($3.00) automobile tax levied for the year 1936, is hereby allocated to the State Highway Department for the purpose of repaying diversions made from the gasoline and tag taxes during the years 1935 and 1936, until such time as the amount of said diversion has been fully repaid; and after said amounts have been fully repaid to the State Highway Department, the excess is hereby allocated to the rural post roads division of the State Highway Department for the purpose of building and improving the rural post roads system of the State Highway Department. Allocation of funds. (19) The annual fees paid for the licensing of the operation of the said vehicle or vehicles, and the licenses and tag issued therefor, shall be transferable from one person to another, upon payment of a fee of fifty cents for the said transfer, and upon preparation and filing of an appropriate application therefor. Transfers. The annual licenses and tags issued for the operation of vehicles described in subsections 3 through 14 above, may with the approval of the revenue commission, be transferable from a destroyed or retired motor vehicle, to another vehicle upon payment of a transfer fee of 50c, and upon presentation of an appropriate application for transfer, to be approved by the revenue commission; provided, however, that if the substituted vehicle normally calls for a higher priced tag than the vehicle displaced a proportionate additional fee shall be paid for the remainder of the taxable year.

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Section 5. Be it further enacted by the authority aforesaid, that any person, firm, corporation or association registering any of the above named vehicles named in subheads three (3) through fourteen (14) of section 4 thereof, between the dates of May first and August first of any year, shall not be required to pay more than three-fourths of the annual tax herein provided for; that any person, firm, corporation or association registering any of the above named vehicles excepting those named in subheads (1) and (2) of section 4 thereof, between the dates of August first and November first of any year, shall not be required to pay more than one-half of the annual tax herein provided for; that any person, firm, corporation or association registering any of the above named vehicles excepting those named in subheads (1) and (2) of section 4 hereof, between the dates of November first and January first of the following year, shall not be required to pay more than one-fourth of the annual tax herein provided for. Tax payments. Section 6. Be it further enacted by the authority aforesaid that any motor vehicle tax or mileage tax or maintenance tax owed by any person at the time that this Act goes into effect, may be collected thereafter in as full and complete a manner as if any acts repealed by this Act or any act providing for a mileage tax remained in full force and effect; and any person, firm or corporation owing such past due taxes at the time that this Act goes into effect shall be subject to the same terms and methods of enforcement of such past due taxes as if the Acts levying such unpaid taxes were still in effect. Future collections. Section 7. Be it further enacted by the authority aforesaid that this Act shall go into effect on January 1, 1938; and that all persons, firms, corporations or associations subject to the taxes and licenses herein provided

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for shall apply for and obtain the said tags on or before February first, 1938, and each year thereafter, and that the payments for such tags shall be made to the Director of the Motor Vehicle Division of the State Revenue Commission, or to such other officers as may be provided by law. Effective date of Act. Section 8. 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. Nonresidents. Section 8A. A farmer from without the State, using his local market within this State, and using his own motor vehicle, shall be exempt from any provisions of this Act; provided he has complied with all the provisions of the motor vehicle laws of his home state, and produces a certificate from a county officer or a notary public under seal as to the fact that he is the producer of the product being transported. Fire trucks operated by municipal corporations or other political subdivisions shall also be exempt from the provisions of this Act. Exemptions. Farmers. Fire trucks. Section 8B. If the vehicle described herein is operated under the jurisdiction of the Georgia Public Service Commission as a carrier of passengers, the rate shall be one-half of the amount herein mentioned where the vehicle is operated over a route of fifty miles or less. Public carriers. Section 9. Be it further enacted, that chapter 92-29, including sections 92-2901 through 92-2926 (Motor

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Carriers for Hire), of the Georgia Code of 1933, pertaining to an annual or mileage tax to be paid by motor carriers for hire, be and is hereby repealed. Chapter 92-29 repealed. Section 9A. No 2-axle trailers of four wheels or more shall be operated upon the public highways of the State unless the same be equipped with efficient power, hydraulic or air brakes operated from the driver's seat of the tractor unit. Trailers. Section 10. Be it further enacted by the authority aforesaid, that all persons, firms, corporations or associations violating any of the terms of this Act shall be guilty of a misdemeanor and shall be punished as such. Penalty for violation. Section 11. 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. Invalid parts of Act. Section 11A. This Act shall become effective on the first day of January, 1938. Effective date. Section 12. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved December 24, 1937. MUNICIPAL CHARTER REPEALS. 69-101. No. 380. An Act to amend section 69-101 of the Code of Georgia of 1933 entitled referendum to repeal charters of cities of less than fifty thousand (50,000) population (said section being the law as enacted and found in the Acts

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of 1925, page 136, and Acts of 1927, pages 244 and 245), by adding a new paragraph to provide that said section shall not apply to towns or cities of not more than 2,285 and not less than 2,280, according to U. S. Census of 1930, and also all cities of a population of not less than thirty-six hundred (3600) and not more than thirty-eight hundred (3800) according to the United States Census of 1930 or any future census. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same that from and after the passage of this Act that section 69-101 of the Civil Code of Georgia of 1933 be and the same is hereby amended by adding a new paragraph thereto to be known as section 69-101 (a), to wit: 69-101 amended. Provided, however, that nothing in this section shall apply to towns or municipalities or cities having a population of not more than 2,285 and not less than 2,280 according to the U. S. Census of 1930, and all future census, and also cities of a population of not less than thirty-six hundred (3600) and not more than thirty-eight hundred (3800) according to the United States Census of 1930 or any future census. Population. Section 2. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Section 3. Be it further enacted that this Act shall apply to all amendments to municipal charters enacted into law prior to the passage of this Act, and all such amendments are hereby re-enacted and ratified, as well as future amendments to municipal charters. Provided further that this Act shall apply only to cities of a population of not more than 2,285, nor less than 2,280, and also all cities of a population of not less than thirty-six

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hundred (3600) and not more than thirty-eight hundred (3800) according to the United States Census of 1930 or any future census. Amendments re-enacted. Approved February 16, 1938. MUNICIPAL CHARTER REPEALS. 69-101. No. 247. An Act to amend an Act entitled An Act to require a referendum to repeal municipal charters of cities of less than two hundred (200,000) thousand inhabitants, and to put into effect amendments to municipal charters of cities of less than two hundred (200,000) thousand inhabitants which change the existing form of the municipal government of such municipalities or the naming of other municipal officers other than those holding under existing charters, and for other purposes, approved, August 22, 1925 (Georgia Laws, 1925, page 136), and all amendments thereto as codified in the Georgia Code of 1933 as section 69-101 et seq; to provide that such Act and the amendments thereto shall not apply to cities having a population of not less than thirty-six (3600) hundred nor more than thirty-eight (3800) hundred according to the census of 1930; to ratify and give force and effect to all amendments to charters of the cities having a population of not less than thirty-six (3600) hundred nor more than thirty-eight (3800) hundred according to the census of 1930, which shall have been enacted prior to the passage 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 An Act to require referendum to repeal municipal charters of all cities of less than two

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hundred (200,000) thousand inhabitants which change the existing form of municipal government of such municipalities and the naming of other municipal officers other than those holding under existing charters; and for other purposes, which Act together with its amendments are codified in the Georgia Code of 1933 as Code section 69-101, et seq., be and the same is hereby amended by adding thereto the following: 69-101 amended. Provided however that nothing herein contained shall apply to cities having a population of not less than thirty-six (3600) hundred nor more than thirty-eight (3800) hundred according to the census of 1930, and any amendment to any charter of any city having a population of not less than thirty-six (3600) hundred nor more than thirty-eight (3800) hundred according to the 1930 census heretofore enacted, is hereby ratified and declared to be in full force and effect, and any law or laws hereinafter enacted amending the charter of any city of not less than thirty-six (3600) hundred nor more than thirty-eight (3800) hundred according to the census of 1930 shall not be effected by the Act of which this Act is an amendment. Population. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith, be and they are hereby repealed. Approved January 25, 1938. MUNICIPAL TAXATION. 92-4101 et seq. No. 340. An Act to amend section 92-4101 of the Code of 1933, wherein a tax over one-half of one per cent. for ordinary current expenses is prohibited from being levied by municipalities, by adding at the end of the

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proviso of said section immediately following the word Savannah, the words and the City of Augusta or the City Council of Augusta, so that said section when amended shall read as follows: Tax over one-half of one per cent. prohibitedNo municipal corporation shall levy or collect for the ordinary current expenses of said corporation, except as hereinafter provided, any ad valorem tax upon the property within said corporation, exceeding one-half of one per cent. upon the value of said property, any charter of said corporation to the contrary notwithstanding: Provided, that the provisions of sections 92-4101 to 92-4104 shall not apply to the City of Savannah and the City of Augusta or the City Council of Augusta. 92-4101 et seq. amended. Augusta excluded. Approved February 12, 1938. PAROLES, REGULATIONS FOR. 77-503, 77-504. No. 369. An Act to repeal section 77-503 of the Georgia Code of 1933 relating to conditions for parole or conditional pardon and to amend section 77-504 of the Georgia Code of 1933 relating to applications for parole, how made and when granted; by striking the necessity for approval by the Governor; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 77-503 of the Georgia Code of 1933 providing: No parole or conditional pardon shall be granted any prisoner until he shall have served at least the minimum sentence fixed by law as punishment for the crime for which he has been convicted. No parole shall be granted,

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under the provisions of this chapter, to any one serving a life sentence for treason, arson, rape, or assault with intent to rape. No prisoner serving a life sentence for any other crime shall be granted a parole, under the provisions of this chapter, until he shall have served at least three full years under his sentence, be and the same is hereby repealed in its entirety, and the said section stricken from the Code of 1933. 77-503 repealed. Section 2. Section 77-504 of the Georgia Code of 1933 providing: The Prison Commission, with the approval of the Governor, shall have full power to fix and prescribe the rules and regulations under which applications for parole or conditional pardon shall be made and heard; but no parole shall be granted save upon the recommendation of every member of the Commission and on approval of the Governor, and then only on the prison record of said prisoner and his history before his conviction for crime. No parole shall be granted any prisoner by the Commission until it shall have satisfactory evidence that if said prisoner shall be released on parole he will be given honest employment with a good home, and, if he is unable to labor, that he will not become an object of public charity. When the Prison Commission, after a full examination into the history of said prisoner before the commission of the crime for which he has been convicted and the prison record made by him since his confinement in the penitentiary, shall be convinced that he is worthy of a parole of conditional pardon, and that his release will not be incompatible with the welfare of society, and that he has the qualities of character which entitled him to a restoration of citizenship, it shall fully report its reasons and findings thereon to the Governor with recommendation that said parole or conditional pardon be granted to said prisoner; and if the Governor approves of the said recommendation of the Commission and so reports to it,

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the Commission shall issue its order for the release of said prisoner under the terms of said parole as fixed by said Commission, and he shall then be allowed to go without the confines of said penitentiary. It shall be the duty of the Commission to cause a certified copy of its order granting said parole and the terms and conditions of the same to be sent to the clerk of the court of the county wherein said prisoner was convicted, which shall be duly entered of record in said clerk's office in a book to be kept for that purpose, be and the same is hereby amended by striking therefrom the words with the approval of the Governor appearing in line 1 of said section, and by striking therefrom the words and on approval of the Governor appearing in lines 5 and 6 of said section, and by striking therefrom the words it shall fully report its reasons and findings thereon to the Governor with recommendation that said parole or conditional pardon be granted to said prisoner; and if the Governor approves of the said recommendation of the Commission and so reports to it, appearing in lines 18-21 of said section so that section 77-504 of the Georgia Code of 1933, when amended, will read as follows: 77-504 amended. The Prison and Parole Commission shall have full power to fix and prescribe the rules and regulations under which applications for parole or conditional pardon shall be made and heard; but no parole shall be granted save upon the recommendation of a unanimous vote of the members of the Commission and then only on the prison record of said prisoner and his history before his conviction for crime. No parole shall be granted any prisoner by the Commission until it shall have satisfactory evidence that if said prisoner shall be released on parole he will be given honest employment with a good home, and, if he is unable to labor, that he will not become an object of public charity. When the Prison and Parole Commission, after a full examination into the history of said prisoner before the commission of the crime for which

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he has been convicted and the prison record made by him since his confinement in the penitentiary, shall be convinced that he is worthy of a parole or conditional pardon, and that his release will not be incompatible with the welfare of society, and that he has the qualities of character which entitle him to a restoration of citizenship, the Commission shall issue its order for the release of said prisoner under the terms of said parole as fixed by said Commission, and he shall then be allowed to go without the confines of said penitentiary. It shall be the duty of the Commission to cause a certified copy of its order granting said parole and the terms and conditions of the same to be sent to the clerk of the court of the county wherein said prisoner was convicted, which shall be duly entered of record in said clerk's office in a book to be kept for that purpose. To be read. Section 3. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 12, 1938. PUBLIC DEFENSEMILITIA LAWS. 86-103 et seq. No. 382. An Act to amend title 86 (Public Defense), part 1 (Volunteer Force), part 4 (The National Guard of Georgia), part 5 (Officers, Rank, Eligibility, Duties, etc.), part 9 (Military Fund, Expenses, and Compensation), part 13 (Insurrection, Riots and Mob Violence), part 14 (Miscellaneous Provisions), of the Code of Georgia 1933; chapter 86-1 (Staff Officers) by striking all of section 86-103 (Governor's Staff) and enacting in lieu thereof a new section to be number 86-103 (Governor's Staff); to provide the compensation, rank, and the number comprising said

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staff, and eligibility and term of office; chapter 86-4 (The National Guard of Georgia) by striking all of section 86-401 (Organization) and enacting in lieu thereof a new section to be number 86-401 (Organization); to provide that the National Guard of Georgia shall be organized to conform with the National Defense Act of Congress; chapter 86-5 (Officers, Bond, Eligibility, Duties, etc.) by striking all of section 86-501 (The Adjutant General; Duties, Bond, Compensation and Assistants) and enacting in lieu thereof a new section to be number 86-501 (The Adjutant General) to provide the duties of the Adjutant General, how elected to office, the term of office, when the term of office is to begin, his salary, to provide for an Assistant Adjutant General, United States Property and Disbursing Officer, and to provide for their salaries, and such other commissioned assistants and employees as may be necessary and to provide for their salaries and how they shall be selected and employed; by striking all of section 86-502 (Property and Disbursing Officer) and enacting in lieu thereof a new section to be number 86-502 (Property and Disbursing Officer) to provide how selected, by whom selected, his duties, term of office and how commissioned, and salary; by striking all of section 86-505 (How Commissioned) and enacting in lieu thereof a new section to be number 86-505 (How Commissioned) to provide how all officers are to be commissioned, and term of office, provide for age of retirement, and how general officers are to be appointed; by striking all of section 86-507, (Election of Officers) and enacting in lieu thereof a new section to be number 86-507 (Election of Officers) to provide how all officers are to be elected or appointed; chapter 86-9 (Military Fund, Expenses, and Compensation) by striking all of section 86-904 (Allowance for Rent) and enacting in lieu thereof a new section to be number 86-904 (Allowance for Rent) to

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provide for payment of rent to various organizations of the National Guard in the State; By adding a section 86-906 to provide for the creation of a State Armory Commission; chapter 86-13 (Insurrection, Riot and Mob Violence) by striking all of section 86-1302 (Notice to Governor by Local Authority; Governor's Duty) and enacting in lieu thereof a new section to be number 86-1302 (Notice to the Governor by Local Authority; Governor's Duty) to provide how National Guard shall be called out in case of rebellion, insurrection, mob or combination to oppose the enforcement of the laws by force or violence; chapter 86-14 (Miscellaneous Provisions) by striking all of section 86-1401 (National Defense Act Adopted as Law of State) and enacting in lieu thereof a new section to be number 86-1401 (National Defense Act Adopted as Law of State) to provide that the National Defense Act of Congress approved June 3, 1916, and amendments thereto shall be made the law of this State; by amending section 86-1404 (Medals and Bars) so as to provide for the awarding of Distinctive Service Medals to members of the National Guard, the number of medals to be awarded, to whom and how awarded; 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 86-1, section 86-103 of the Code of the State of Georgia 1933, as to the Governor's personal staff, be and the same is hereby amended by striking all of section 86-103 and enacting in lieu thereof a new section, to wit: number 86-103. The Governor's Personal Staff.The Governor's personal staff shall consist of one Chief of Aides-de-Camp, with rank of Colonel; two Assistant Chief of Aides-de-Camp, with rank of Colonel; one naval Aide-de-Camp, with the rank of Commander; a maximum of 20 Aides-de-Camp for each Congressional

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District, or the total equivalent to such number, with the rank of Lieutenant Colonel; the selection, without regard to previous military service, sex or age limit, with exception of one Colonel, who shall have had not less than 5 years' experience in the National Guard of Georgia or the Organized Reserve Corps or shall have seen service in the Spanish American War or the World War and that he shall be designated as the Chief in Command of the Governor's Staff in all things of a military nature affecting the Governor's Staff, these qualifications and tenure of office to be in the discretion of the Governor; commissions of all of these officers to expire with expiration of the term of the Governor making the appointment. Officers of the National Guard shall be eligible to appointment to any of the places or the offices above provided for, but such appointments shall not vacate or affect their status as commissioned officers in the National Guard in which they are serving. New 86-103. Section 2. Be it further enacted by the authority afore-said, the chapter 86-4 (The National Guard of Georgia), be and the same is hereby amended by striking all of section 86-401 of the Code of the State of Georgia 1933 and enacting in lieu thereof a new section to be to wit: number 86-401. Organization.The National Guard shall consist of such persons as may be commissioned or enlisted therein. And such general officers as the strength thereof may warrant and as may be allocated by the War Department to the State of Georgia; an Adjutant General's Department; an Inspector General's Department; a Finance Department; a Judge Advocate's Department; a Quartermaster Corps; a Medical Department; a Corps of Engineers; an Ordnance Department; a Signal Corps; and such other branches of the service as may be allocated to the State of Georgia by the War Department of the United States, in accordance with the National Defense Act and all amendments thereof applicable to the National Guard; provided, however, that the Governor

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shall have the power to alter, divide, annex, consolidate, disband or re-organize the same and create new organizations therein in conformity with the National Defense Act and all amendments thereto and such rules and regulations as shall be promulgated by the War Department and the National Guard Bureau pursuant thereto. New 86-401. Section 3. Be it further enacted by the authority aforesaid, that chapter 86-5, section 86-501, be, and the same is hereby amended by striking all of section 86-501, and substituting in lieu thereof, to wit:The Adjutant General: How appointed, his duties, term of office, bond, compensation; The Assistant Adjutant General, commissioned help and assistants. The Adjutant General shall be chief of staff to the Governor in all military and naval affairs of the State and subordinate only to the Governor in matters pertaining to the Military Department and military and naval affairs of the State. The Adjutant General shall be appointed by the Governor for a term concurrent with the term of the Governor appointing him, and who shall have the rank of a Brigadier General. No person shall be eligible to hold the office of Adjutant General, unless he holds or has held a rank of Captain or above in the National Guard of Georgia, and shall have served not less than five years in the National Guard of Georgia, and shall be not less than thirty-five nor more than sixty-four years of age at the time of the appointment. New 86-501. The salary of the Adjutant General shall be $4,620.00 per year and after his commission from the Governor, he shall reside in the City of Atlanta and be available at all hours for emergency duties. The salary as above set forth shall be in lieu of all rent and subsistance and auto allowances as have been heretofore provided in section 86-501 of the Code of Georgia of 1933, and shall be paid pro rata each month, the said compensation not to affect mileage as now allowed under existing laws with reference to the ownership of automobiles. He shall perform such

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duties pertaining to the office of Adjutant General as from time to time may be provided by the laws, rules and regulations for the Government for the United States Army and such as may be designated by the Governor. He shall have an Assistant Adjutant General, United States Property and Disbursing Officer, and such other commissioned assistants and employees as may be necessary, and they shall be selected and employed by the Adjutant General and perform such duties as may be required of them, and he shall fix their salaries. He shall be the custodian of all military records and shall keep them filed, indexed, and available for ready reference. He shall keep an itemized account of all moneys received and disbursed from all sources and shall make an annual report to the Governor on the condition of the National Guard, with a roster of all commissioned officers, and such other matters relating to the National Guard as he shall deem expedient. The Governor shall require the Adjutant General to give bond to the State in the sum of $10,000.00, with good and sufficient securities, to be approved by the Governor faithfully to discharge the duties of his office. Adjutant General's duties and salary. Section 4. Be it further enacted by the authority aforesaid that chapter 86-5, section 86-502 of the 1933 Code in reference to Property and Disbursing Officer be and the same is hereby repealed in its entirety and in lieu thereof a new section is substituted to be number 86-502.Property and Disbursing Officer.The Property and Disbursing Officer shall be selected by the Adjutant General and commissioned by the Governor and he shall attend to the care, preservation, safe-keeping, repairing and issuing of arms, ordinance, accoutrements and equipment and all of the military property belonging to the State; he shall also receive, disburse and account for all funds or property belonging to the United States in possession of the National Guard of this State, and be responsible therefor, under such regulations as may be prescribed by the Governor and the Secretary of War, subject to the approval of the War Department. New 86-502.

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Section 5. Be it further enacted by the authority aforesaid that chapter 86-5, section 86-505 of the 1933 Code, as to how officers are commissioned in the National Guard of Georgia be and the same is hereby repealed in its entirety and the following section number 86-505 substituted in lieu thereof, to wit: number 86-505 How Commissioned.All officers shall be commissioned by the Governor, as officers of the National Guard of Georgia or of the Naval Militia of Georgia for the period of their good behavior and, except in case of general officers, in their respective branches of the service; provided, that all appointments of general officers be made by the Governor without the necessity of an election, for a period of their good behavior or the period of time to which said general officer is allocated to the State of Georgia. Provided further, that staff officers hereinafter commissioned, except Chaplains, shall have had not less than 5 years' previous military service, and all commissioned officers shall hold their commissions until they reach the age of 64, unless retired prior to that time by reason of resignation, disability or for cause to be determined by a Court Martial called for that purpose. Provided further, that no officer who has been commissioned as above set forth shall be placed upon the unassigned list or be deprived of the right to his Federal status, unless he tenders his resignation and is placed upon such list pending settlement or property accounts, or has been convicted by a Court Martial legally convened for the purpose of trying said officer, or has been recommended for dismissal from the National Guard of Georgia by an efficiency board, duly convened for the purpose of trying said officer for inefficiency, in accordance with the laws of the United States pertaining to officers in the Army of the United States as set forth in the Court Martial manual of the United States Army which said laws are hereby embraced in this Act as the laws of Georgia pertaining to the trial of officers in the National Guard of Georgia, or unless he is absent from his command

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for a period longer than 90 days without leave. No officer can be transferred from the organization to which he is assigned to another organization out of the county of said officer without his consent. New 86-505. Section 6. Be it further enacted by the authority aforesaid, that chapter 86-5, section 86-507, of the Code of 1933, as to the election of officers, be and the same is hereby amended by striking all of section 86-507 and the following section substituted in lieu thereof, to wit: 86-507. Election of Officers.Company officers other than company commanders shall be nominated by their company commanders. Upon the approval of such nomination by the superior officers in the chain of command, such officers shall be commissioned by the Governor; Company commanders shall be nominated by their immediate superior. Upon the approval of such nominations by the superior officers in the chain of command, such officers shall be commissioned by the Governor; Company officers shall be recommended by the unit commanders with the approval of the chain of command, and commissioned by the Governor. Field officers commanding organizations shall be elected by field officers of the units concerned under election rules to be promulgated by the Adjutant General. Regimental and other field and staff officers shall be nominated by the organization commanders and commissioned by the Governor. New 86-507. Section 7. Be it further enacted by the authority aforesaid, that chapter 86-9, section 86-904, of the Code of 1933, as to rentals and allowances be and the same is hereby amended by striking all of section 86-904, and the following section is substituted in lieu thereof, to wit: 86-904. Allowance for Rent.Whenever the legislature shall appropriate funds to be used by the various military organizations throughout the State, for maintenance, rentals, and organization up-keep, said funds so

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appropriated shall be paid quarterly to the various organizations of the National Guard of the State. Division of said funds among the various organizations shall be in the discretion of the Adjutant General. New 86-904. Section 8. Be it further enacted by the authority aforesaid, that chapter 86-9, of the Code of Georgia 1933, be and the same is hereby amended by adding thereto a section to be known as number 86-906, as follows: 86-906. Creation of Armory Commission.For the purpose herein provided, there is created the Georgia Armory Commission to consist of five members appointed by the Governor, one of whom shall be designated by the Governor as chairman of said Commission. Any vacancy in said Commission shall be filled by appointment in the same manner. First appointments shall be for a term of four years commencing January 1st, 1938 and thereafter appointments shall in like manner be for a term of four years. The said Commission shall have the following powers, duties, and shall be organized in the following manner: 86-906 added. Armory. Commission. 1. Body politic and corporate. This Commission is hereby made a body politic and corporate, and shall have the name of Georgia Armory Commission. Corporate powers. 2. OrganizationMeetings. The Commission shall organize by selecting from its membership a secretary and treasurer, and may change such officers from time to time. Three members shall constitute a quorum at all meetings, provided all members have been notified of such meetings. The Commission shall hold its meetings as provided by its by-laws. 3. Powers. The Georgia Armory Commission shall possess all the powers as a body corporate necessary and convenient to accomplish the objects prescribed herein including the following, which, however, shall not be construed as a limitation upon the general powers hereby conferred:

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(a) To enter into contracts and be contracted with in any matters connected with any corporate purpose, herein defined, including the right to contract with any county or municipality. (b) To borrow money and issue bonds, and to pledge any and all property and income of such Commission acquired or received as herein defined, but not to pledge the credit of the State of Georgia or to incur any liability against the State. (c) To sue and be sued. (d) To acquire, hold and convey real or personal property by gift or purchase for military purposes. (e) To sell any such property when no longer useful or necessary. (f) To purchase sites and buildings or to purchase sites and construct buildings for Armory and other military purposes. (g) To execute leases of buildings and sites to the State of Georgia for Armory and other military purposes. Such leases shall be subject to appropriations to be made by the General Assembly, for the payment of rent under such leases. The rent charged the State of Georgia shall not be in excess of the amount necessary for the retirement of bonds secured by the property leased to the State, and other expenses incident hereto, including the cost of operations. (h) To employ agents and employees necessary to carry out the objects and purposes of the Commission herein expressed. (i) To have and use a common seal and to alter the same at pleasure. (j) To adopt all needful by-laws, rules and regulations for the conduct of the business and affairs of such Commission

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and for the management and use of such sites and buildings acquired for Armory and other military purposes, consistent with the objects and purposes of such Commission. (k) To have and exercise all power and be subject to all duties usually incident to boards of directors of corporations. (l) The Commission shall have the power to sell all bonds issued by it at the best price obtainable, whether at a discount or at a premium. 4. Members to receive no compensation. No member of such Commission shall receive any compensation for services rendered as such under this Act, except for necessary expenses incurred in performing duties prescribed by this Act. 5. Object of Commission. The objects of said Commission shall be to foster and build and maintain State Armories in the State of Georgia. Section 9. Be it further enacted by the authority aforesaid, that chapter 86-13, section 86-1302, of the Code of 1933, as to notice to the Governor by local authorities in case of riot, be and the same is hereby amended by striking all of section 86-1302 and the following section is substituted in lieu thereof, to wit: 86-1302. Notice to the Governor by Local Authorities: Governor's Duties.Whenever any judge of a Superior, city or county court, county sheriff, mayor of an incorporated city or village, whose authority shall rank in the order named, shall apprehend the outbreak of any rebellion, insurrection, mob, or combination to oppose the enforcement of the law by force or violence, within the jurisdiction of which such officer is by law the conservator of peace, it shall forthwith become the duty of the judge, sheriff, or mayor, when it appears that such unlawful combination has progressed beyond the control of

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the civil authorities in the locality in which the unlawful combination may be found, to notify the Governor, and the Governor may then, within his discretion, if he deems the apprehension well founded, order out such portions of the National Guard as he may deem necessary for the enforcement of law, and when the Governor orders out any portion of the National Guard, as herein provided, he shall, thereupon, by proclamation declare a state of insurrection in the locality in which the disorder is located. In the event any officer, detachment or organization of the National Guard is so ordered to active duty by the Governor, the commanding officer of troops shall be under direct orders of the Governor and no one else. And it shall be the duty of the Governor of the State to confirm such declaration and order in writing, stating the purpose for which said officer, detachment or organization has been ordered to active duty; and the duration of said duty, and the area into which the said officer, detachment or organization has been ordered and which is under martial law shall be definitely defined by the Governor in this order. New 86-1302. Section 10. Be it further enacted by the authority aforesaid, that chapter 86-14, section 86-1401, of the Code of 1933, as to the National Defense Act, being adopted as the laws of this State, be and the same is hereby amended by striking all of section 86-1401 and the following section is substituted in lieu thereof, to wit: 86-1401. National Defense Act Adopted as Law of the State.All provisions of the Act of Congress, approved June 3, 1916 (32 U. S. C. A., paragraph 1 et seq., C 134, 39 Stat. 213), and all amendments thereto applicable to the National Guard, not incorporated herein, are hereby enacted as law of this State as if specifically set forth herein, and in all cases where the provisions of this law and those of the Act of Congress, approved June

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3, 1916, and all amendments thereto, conflict, the provisions of said Act of Congress and all such amendments shall govern. New 86-1401. Section 11. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that section 86-1407 (Medals and Bars) of the Code of Georgia, 1933, be and the same is hereby amended by adding to said section the following: It is further provided that in addition to the awarding of the Medals and Bars as provided in said section, that the Adjutant General is authorized to award Distinctive Service Medals to officers and enlisted men and honorably discharged officers and enlisted men of the National Guard for meritorious services performed by said officers and enlisted men under the following provisions, to wit: 86-1407 amended. Medals. (1) That the design and inscription on said medal shall be determined by the Adjutant General. Design. (2) That not exceeding 10 of such medals are authorized to be issued to officers and enlisted men, or honorably discharged officers and enlisted men, for meritorious service performed while in National Guard of Georgia prior to the passage of this Act; that the awarding of said 10 medals shall be made in the discretion of the Adjutant General in office at the date of passage of this Act. Limits. (3) That not exceeding 5 of such medals shall be awarded in one calendar year, except as provided in section 2 hereof. Awards. (4) That 2 of said medals shall be awarded in the discretion of the Adjutant General for meritorious services performed by any officer or enlisted man. (5) That 3 of said medals shall be awarded by the Adjutant General annually, upon the recommendation of a Board of 5 officers to be appointed each year for the purpose of selecting the 3 members of the National Guard that have performed the most meritorious services during the calendar year.

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(6) That the Adjutant General shall be authorized to make such rules and regulations as he may deem advisable with reference to convening of the Board provided for in section 5 hereof; and the evidence as to meritorious services to be considered by said Board. Rules, etc. (7) Said medals to be furnished from fund of the Military Department. Section 12. Be it further enacted by the authority aforesaid, that if any section of this Act shall be declared unconstitutional, that same shall not vitiate the remaining provisions of said Act, and that all such provisions not declared illegal or unconstitutional shall remain in full force and effect. Invalid parts. Section 13. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Section 14. This Act shall take effect from and after its passage and approval by the Governor. Approved February 16, 1938. TAXATIONOLD-AGE ASSISTANCE. 92-3701. No. 72. An Act to amend section 92-3701 of the 1933 Code of Georgia being the section of the Code providing the purposes for which county taxes may be levied, by adding an additional purpose for which county taxes may be levied to be numbered consecutively, and providing 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

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benefits to be administered by the State Department of Public Welfare, as authorized in the resolution amending paragraph 2, section 6, article 7, of the Constitution of Georgia, approved February 18, 1937, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same as follows: Section 1. The section 92-3701 of the 1933 Code of Georgia being the section of the Code providing the purposes for which county taxes may be levied, be and the same is hereby amended as follows: 92-3701 amended. By adding an additional numbered paragraph to said code section to be numbered consecutively with the numbered sections of said code section as at present existing, and reading as follows: 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 not qualify for such assistance in every respect in accordance with enactments of the General Assembly which may be in force and affect prescribing the qualifications for beneficiaries hereunder, provided that the taxes authorized hereby shall not exceed three (3) mills in any one year. Added paragraph. Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved December 24, 1938.

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TAXATIONREFUND OF PENALTIES. 92-6911. No. 306. An Act to amend section 92-6911 of the Code of Georgia of 1933 as amended by an Act approved March 31, 1937, entitled Tax Assessments by Counties; to authorize the tax-collector of all counties in the State of Georgia having a population of not less than 20,800 and not more than 20,850, according to the U. S. Census of 1930; to refund all penalties levied or assessed against any person, firm, or corporation for the year of 1937, which have been collected by said tax-collector up to the date of the passage of this Act; and to relieve from payment of all penalties levied in excess against any person, firm, or corporation that have not been collected by the date of the passage of this Act. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, that from and after passage of this Act, that all counties of the State of Georgia having a population of not less than 20,800 and not more than 20,850, according to the U. S. Census of 1930, that the tax-collector of said counties shall have authority to refund to any person, firm, or corporation, all penalties collected against said person, firm, or corporation for failure to return taxes for the year of 1937, and any person, firm, or corporation in said counties against whom said penalty has been levied or assessed is hereby relieved from the payment of the same. 92-6911. Refund of penalties. Population. Section 2. All Acts in conflict herewith are hereby expressly repealed. Approved February 7, 1938.

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TAX APPEALS IN MUNICIPALITIES. 92-4001. No. 12. An Act to amend section 92-4001 of the 1933 Code of Georgia, authorizing towns and cities, in addition to the powers conferred by the provisions of said Code section, to elect a board of tax appeals, prescribe its terms of office, compensation, powers, and duties; to provide the time and manner in which appeals to such board shall be made, and to provide for the payment of costs of such 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 section 92-4001 of the Code of Georgia of 1933 be and the same is hereby amended by adding at the conclusion of said section, and immediately after the word assessors on the last line thereof, the following paragraph, known as paragraph (a), to read as follows: (a) Mayor and council of each town or city are hereby authorized, at their option, in addition to the powers heretofore conferred, to elect three (3) freeholders to compose a board of tax appeals to hear and determine all appeals by property owners from the assessment and value placed on their property by the board of tax-assessors or any other assessing body of such town or city; and to prescribe the time and manner of filing such appeal and the payment of costs by the appellant; and to prescribe the duties, powers, compensation, and terms of office of the members of such board of tax appeals. No person, firm, or corporation shall receive the aid of law or equity in any of the courts of this State until said person, firm, or corporation has first exhausted the right of appeal hereunder and has paid the costs and otherwise complied with all requirements prescribed by the mayor

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and council of such towns or cities; the provisions of Code section 92-4001 shall continue in full force and effect; provided, however, that in towns or cities creating boards of tax appeals hereunder, the decision of the board of tax-assessors shall not be final, except where the property owner fails to comply with the requirements prescribed by the mayor and council for an appeal to such board of tax appeals, so that said Code section 92-4001, when amended, will read as follows: 92-4001 amended. 92-4001. (862) Election; number; duty; decision. The mayor and council of each town or city are authorized, at their option, to elect three (3) freeholders, residing in the town or city, as assessors, who shall value and assess all the property within said town or city subject to taxation. All persons dissatisfied with the value placed on their properties shall appear before said assessors and produce evidence as to the value of the property, and the decision of said assessors, after hearing the evidence, shall be final: Provided, that this section shall not affect towns or cities having the power under their charters to appoint assessors. To be read. (a) Mayor and council of each town or city are hereby authorized, at their option, in addition to the powers heretofore conferred, to elect three (3) freeholders to compose a board of tax appeals to hear and determine all appeals by property owners from the assessment and value placed on their property by the board of tax-assessors or any other assessing body of such town or city; and to prescribe the time and manner of filing such appeal and the payment of costs by the appellant; and to prescribe the duties, powers, compensation, and terms of office of the members of such board of tax appeals. No person, firm, or corporation shall receive the aid of law or equity in any of the courts of this State until said person, firm, or corporation has first exhausted the right

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of appeal hereunder and has paid the costs and otherwise complied with all requirements prescribed by the mayor and council of such towns or cities; the provisions of Code section 92-4001 shall continue in full force and effect provided, however, that in towns or cities creating boards of tax appeals hereunder, the decision of the board of tax-assessors shall not be final, except where the property owner fails to comply with the requirements prescribed by the mayor and council for an appeal to such board of tax appeals. 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 December 14, 1938. TAX-COLLECTORS' AND RECEIVERS' FEES. 92-5301. No. 210. An Act to amend section 92-5301 of the Code of Georgia of 1933, by changing the classes and amounts of commissions allowed to tax-receivers and tax-collectors of State and county taxes; to provide for the fees to be allowed tax-collectors on delinquent taxes; to provide for the time of payment of commissions to tax-receivers; to provide for the effective date of this Act; to repeal all laws in conflict herewith; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that section 92-5301 of the Code of Georgia of 1933, providing for and prescribing the fees or commissions of tax-receivers and tax-collectors of State and county taxes, be amended by striking in its entirety the schedule of commissions therein, and by inserting in lieu thereof the following schedule, to wit:

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On all net digests up to and including $3,000.00 6% Schedule of commissions. Over $3,000.00 and not exceeding $7,000.00 5% Over $7,000.00 and not exceeding $12,000.00 4% Over $12,000.00 and not exceeding $18,000.00 3% Over $18,000.00 and not exceeding $26,000.00 2-1/2% Over $26,000.00 and not exceeding $38,000.00 2% Over $38,000.00 and not exceeding $54,000.00 1-3/4% Over $54,000.00 1-1/2% so that said section 92-5301, when amended, shall read as follows, to wit: 92-5301 amended. Section 92-5301.Commissions enumerated.The commissions to be allowed to each receiver and collector of State and county taxes shall be as follows, viz.: On all net digests up to and including $3,000.00 6% Over $3,000.00 and not exceeding $7,000.00 5% Over $7,000.00 and not exceeding $12,000.00 4% Over $12,000.00 and not exceeding $18,000.00 3% Over $18,000.00 and not exceeding $26,000.00 2-1/2% Over $26,000.00 and not exceeding $38,000.00 2% Over $38,000.00 and not exceeding $54,000.00 1-3/4% Over $54,000.00 1-1/2% Section 2. Be it further enacted by the authority aforesaid, that this revised and amended schedule of commissions shall apply to tax net digests for the years beginning January 1, 1938. Application. Section 3. Be it further enacted by the authority aforesaid that as far as the tax-collectors are concerned the above rates and schedules shall apply upon the 1st 90% of the ad valorem net digests collected by the tax-collector. On all taxes collected in excess of 90% of the total of taxes due according to the tax net digest, prior to the year 1938, the tax-collectors shall be paid for collecting

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the State's part of such delinquent taxes 10% of all such collections, irrespective of the above and foregoing schedules and rates. Section 4. Be it further enacted by the authority aforesaid that it shall be the duty of the tax-collector to pay to the tax-receiver his commissions due by the State and by the county, upon the production of the Comptroller-General's receipt for his net digest, with a specification therein of the amount of commissions to which he is entitled, and not otherwise; and to produce said receiver's receipts, with his receipts thereon, to the Comptroller-General, before he shall be allowed credits for such comssion. Payments. 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 January 17, 1938. TAX-COLLECTORS' SETTLEMENTS. 92-4909, 92-4910. No. 249. An Act to amend section 92-4909 and section 92-4910 of the Code of Georgia of 1933 so as to provide for weekly settlements by tax-collectors in 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 census; to provide the time of such weekly settlement; to relieve tax-collectors in such counties from the necessity of making settlement for taxes more often than once each week; to repeal conflicting laws and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority

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of the same that from and after the passage of this Act, section 92-4909 of the Georgia Code of 1933, which provides as follows: Whenever the tax-collector in any county having a population of 30,000 or more collects State taxes to the amount of $5,000.00, he shall at once pay the same over to the Treasurer as now required by law; and shall also pay over all the taxes he may have collected during the week, on Saturday of each week, whether the same amounts to $5,000.00 or not; so that no tax collectors in said counties shall have or keep any of the money of the State in his hands for a longer period than one week, 92-4909 amended. be and the same is hereby amended by inserting immediately before the semicolon in the fourth line thereof the words: except that in counties having a population of 200,000 or more inhabitants according to the United States Census of 1930 or any future United States Census, the tax-collector shall not be required to make the payment above specified, but shall on or before Tuesday of each week pay over to the Treasurer all the State taxes he may have collected during the previous week, regardless of the amount of such taxes, and by inserting immediately before the semicolon in the sixth line thereof the words: except that in counties having a population of 200,000 or more inhabitants according to the United States Census of 1930 or any future United States Census, the tax-collector shall not be required to make the payment above specified, but shall on or before Tuesday of each week pay over to the Treasurer all the State taxes he may have collected during the previous week, regardless of the amount of such taxes, and by inserting at the end of said section the words:

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except as herein provided, so that said section when so amended shall read as follows: Whenever the tax-collector in any county having a population of 30,000 or more collects State taxes to the amount of $5,000.00 he shall at once pay the same over to the Treasurer as now required by law, except that in counties having a population of 200,000 or more inhabitants according to the United States Census of 1930 or any future United States Census, the tax-collector shall not be required to make the payment above specified, but shall on or before Tuesday of each week pay over to the Treasurer all the State taxes he may have collected during the previous week, regardless of the amount of such taxes; and shall also pay over all the taxes he may have collected during the week on Saturday of each week, whether the same amounts to $5,000.00 or not, except that in counties having a population of 200,000 or more inhabitants according to the United States census of 1930 or any future United States Census the tax-collector shall not be required to make the payment above specified, but shall on or before Tuesday of each week pay over to the Treasurer all the State taxes he may have collected during the previous week, regardless of the amount of such taxes; so that no tax-collectors in said counties shall have or keep any of the money of the State in his hands for a longer period than one week, except as herein provided. To be read. Population. Section 2. Be it further enacted that from and after the passage of this Act, section 92-4910 of the Georgia Code of 1933, which provides as follows: Each said tax-collector shall pay over, from time to time, the county taxes to the proper county officers, as now required by law, as soon as there is collected $3,000.00; and if he fails to collect said sum during any week, he shall then pay over on Saturday all he has collected during

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the said week, be and the same is hereby amended by inserting immediately before the semicolon in the third line thereof the words: except that in counties having a population of 200,000 or more inhabitants according to the United States Census of 1930 or any future United States Census, the tax-collector shall not be required to make the payment above specified, but shall on or before Tuesday of each week pay over to the proper county officers all of the county taxes he may have collected during the previous week, regardless of the amount of such taxes, and by inserting at the end of said section the words: 92-4910 amended. except that in counties having a population of 200,000 or more inhabitants according to the United States Census of 1930 or any future United States Census, the tax-collector shall not be required to make the payment above specified, but shall on or before Tuesday of each week pay over to the proper county officers all county taxes he has collected during the previous week, so that said section when so amended shall read as follows: Each said tax-collector shall pay over, from time to time, the county taxes to the proper county officers, as now required by law, as soon as there is collected $3,000.00, except that in counties having a population of 200,000 or more inhabitants according to the United States Census of 1930 or any future United States Census, the tax-collector shall not be required to make the payment above specified, and shall on or before Tuesday of each week pay over to the proper county officers all of the county taxes he may have collected during the previous week, regardless of the amount of such taxes; and if he fails to collect said sum during any week, he shall then pay over on Saturday all he has collected during said week, except that in counties having a population of 200,000 or more inhabitants according to the United States Census

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of 1930 or any future United States Census, the tax collector shall not be required to make the payment above specified, but shall on or before Tuesday of each week pay over to the proper county officers all county taxes he has collected during the previous week. To be read. Payments. Population. Section 3. 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 January 26, 1938. TIMBER-PROTECTIVE ORGANIZATIONS. 22-413. No. 248. An Act to amend section 22-413 of the Georgia Code of 1933 relating to the incorporation of library and other literary, charitable or social organizations by including within the provisions of the said section timber protective organizations; to provide for the validation of all timber protective organizations incorporated within the past ten years; to provide that the said section 22-413 of the Georgia Code of 1933 when amended shall be applicable to timber protective organizations incorporated within the last ten years; 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. Section 22-413 of the Georgia Code of 1933 providing: Incorporation of library and other literary, charitable, or social organizations.Library and other literary, Charitable, or social organizations, which have no capital stock, and are not organized for individual pecuniary gain, may

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be incorporated under the provisions of section 22-401, all of the provisions of which are hereby made applicable to the organizations aforesaid, be and the same is hereby amended by adding to the said section at the beginning thereof the words timber protective organizations followed by a comma so that section 22-413 of the Georgia Code of 1933 when amended will read as follows: 22-413 amended. Incorporation of library and other literary, charitable or social organizations.Timber protective organizations, library and other literary, charitable, or social organizations, which have no capital stock, and are not organized for individual pecuniary gain, may be incorporated under the provisions of section 22-401, all of the provisions of which are hereby made applicable to the organizations aforesaid. To be read. Section 2. All timber protective organizations incorporated in this State within the past ten years are hereby validated and perfected. Section 3. All timber protective organizations incorporated within the past ten years are hereby declared to be embraced in section 22-413 of the Georgia Code of 1933 as amended. Organizations embraced. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved January 26, 1938. WIDOWS OF VETERANS. 78-204. No. 41. An Act to amend section 78-204 of the 1933 Code of Georgia, defining widows of veterans who are entitled to pensions in this State, by amending the said section so that

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such widows as were married to such veterans prior to the first day of January, 1920, shall be entitled to a pension. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. Section 78-204 of the 1933 Code, providing: Every woman who by proper proof shows that she is a bona fide resident citizen of this State, and that she is the widow of a soldier who enlisted and served in the military service of the Confederate States, or in a Georgia regiment or company, or under Georgia command, or in the organized militia of the State of Georgia, during the Civil War, who died in said service or was honorably discharged therefrom, shall be entitled to receive a pension in accordance with the provisions of section 78-216; provided, that this section shall apply only to such widows as were married to such husbands prior to the first day of January, 1881, and who are unmarried, be and the same is hereby amended by striking therefrom the date 1881 and substituting in lieu thereof the date 1920, so that the said section when amended will read as follows: 78-204. Widows entitled to pensions.... Every widow who by proper proof shows that she is a bona fide resident citizen of this State and that she is the widow of a soldier who enlisted and served in the military service of the Confederate States, or in a Georgia regiment or company, or under a Georgia command, or in the organized militia of the State of Georgia, during the Civil War, who died in said service or was honorably discharged therefrom, shall be entitled to receive a pension in accordance with the provisions of section 78-216; Provided, that this section shall apply only to such widows as were married to such husbands prior to the first day of January, 1920, and who are unmarried. 78-204. Amended. To be read. Widows included. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with the term of this Act be, and the same are hereby repealed. Approved December 21, 1938.

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TITLE VI. GENERAL CIVIL AND PENAL LAWS. ACTS. Building and Loan and Savings Association Fees Allocated. Building and Loan, and Savings Associations Regulated. Building and Loan Association Shares as Fiduciary Investments. Clerks' and Sheriffs' Pay Clerk's Pay for Entering Testimony Criminal TrialsSentences. ElectriciansExamining Board. Electrocution, Direction for. Fees in Divorce and Alimony Cases. Fish and Sea Food Control. Industrial Board Salaries. Industrial Life-Insurance Regulated. Land Grant to U. S. Live-Stock Dealers Defined. Motor [Illegible Text]Tax Refund Pensions MunicipalAmending Act. Public Assistance Act Amended. Public-Work Camp Instead of Chain-Gang. Road-Houses, etc. County Control Sanitary Laws in Counties. Unemployment Compensation Law Amended. Voting Machines in Cities. WarehousemenBondsNegotiable Receipts. Zoning Laws in Counties BUILDING AND LOAN AND SAVINGS ASSOCIATION FEES ALLOCATED. No. 387. An Act to amend an Act known as the Building and Loan Act which defined a Building and Loan or Savings and Loan Association and fixed the privileges and immunities of such Associations approved December 24, 1937, so as to allocate the fees paid to the Secretary of State to said Secretary to be used by him in enforcement of the provisions of said Act.

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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 an Act known as the Building and Loan Act which defined a Building and Loan or Savings and Loan Association and fixed the privileges and immunities of such Associations and for other purposes approved December 24, 1937 be and the same is hereby amended by adding a new section immediately after section 20 to be known as section 20a to read as follows: Act of 1937 amended. 20a. Be it further enacted that the fees paid to the Secretary of State under the provisions of this Act be and the same are hereby allocated to said Secretary of State to be used by him in enforcement of the provisions of this Act. Allocation. Section 2. Be it further enacted that all laws and parts of law in conflict with this Act be and the same are hereby repealed. Approved February 16, 1938. BUILDING AND LOAN, AND SAVINGS ASSOCIATIONS REGULATED. No. 67. An Act to define a building and loan or a savings and loan association and to fix the privileges and immunities of such state chartered associations and Federal savings and loan associations and their officers; to define the terms shares and redemption value; to give to the Secretary of State general supervision and control over all state chartered associations; to prescribe for written reports by state chartered associations to the Secretary of State; to authorize the Secretary of State to examine, or cause to be examined, every state chartered association under certain conditions and, for

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such purpose, to give to the Secretary of State access to books and papers of state chartered associations and to require and compel the production of records or other documents; to regulate the granting of new charters to state chartered associations and amendments to charters; to empower the Secretary of State to apply for a receiver of a state chartered association under certain conditions, to provide the procedure therefor, and to prohibit the appointment of a receiver on the petition of any person other than the Secretary of State under certain conditions; to empower the Secretary of State to make reasonable rules and regulations governing the operation of state chartered associations; to provide a scale of fees and charges to be paid by state chartered associations to the Secretary of State and to provide for enforcement of the collection thereof; to provide limitation on use of the terms savings and loan and building and loan or any combination thereof and to provide a penalty for the violation thereof; to provide a lien upon all shares owned by a borrower for indebtedness due state chartered associations and Federal savings and loan associations and to provide a method of enforcement of such lien; to provide the means and procedure for and the legal effect of the conversion of a state chartered association into a Federal savings and loan association and to provide ratification and confirmation of all such previous conversions under certain conditions; to provide the means and procedure for and the legal effect of a conversion by a Federal savings and loan association into a state chartered association; to define the taxes to which a state chartered association and a Federal savings and loan association are subject; to exempt state chartered associations from the operation of laws regulating the scale of securities; to provide who shall be qualified to take the acknowledgment of or to witness any instrument in which a state chartered association or a

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Federal savings and loan association is interested and to validate certain acknowledgments and attestations heretofore taken; to provide for reception and disposition by state chartered associations and Federal savings and loan associations of investment of funds in shares by minors, joint owners, and fiduciaries; to make the shares of state chartered associations and Federal savings and loan associations legal investments for the funds of certain fiduciaries and corporations; to provide a method of paying the redemption value of shares of deceased members of state chartered associations and Federal savings and loan associations; to provide a penalty for the publication or circulation, either orally or otherwise, of any false statement concerning the financial condition of a state chartered association or Federal savings and loan association; 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. This Act may be cited as The Building and Loan Act. Citation. Section 2. Be it further enacted by the authority aforesaid, that a building and loan association, or a savings and loan association, hereinafter in this Act referred to as a state chartered association shall be defined as a local mutual institution chartered under the laws of the State of Georgia, without capital stock, which does not receive deposits, but which derives the greater portion of its capital from the sale of its shares and which lends the greater portion of its invested funds on the security of first liens on homes and on the security of first liens on its own shares. Definition. A state chartered association is local if its investment in home loans is limited to loans on the security of a first lien on real estate located in the county of its incorporation

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and abutting counties, provided that no loans are made on the security of real estate located in abutting counties more than twenty miles from such association's home office. A state chartered association is mutual if all holders of any shares in such associations, such holders being hereinafter referred to as members, participate in the income to such association and if all borrowers are privileged to vote at least one vote at any meeting of members, it being unnecessary that any borrower should subscribe to or purchase any shares or should be entitled to participate in any way in the income to such association. All state chartered associations operating pursuant to the definition as set forth in this section and all Federal savings and loan associations are hereby declared to be local and mutual building and loan associations organized as a civic undertaking, not for financial gain within the meaning of the existing statutes of this State and the decisions of the Appellate Courts of this State, and, as such, said associations and their officers are entitled to all the privileges and immunities of such associations. Local. Mutual. Privileges and immunities. Section 3. The term shares as used in this Act shall include any evidence of interest of a member in a state chartered association or a Federal savings and loan association issued pursuant to, and subject to the provisions of the charter and by-laws of such association. Shares. Section 4. The term redemption value as contained in this Act means the amount of money payable at any given time by a state chartered association or a Federal savings and loan association in exchange for or in repurchase or redemption of any shares issued by such association, all rights of members concerning said redemption value, where not specifically covered in this Act, being fixed by the share itself, the charter and by-laws of such association. Redemption value. Section 5. The Secretary of State shall have gencia-supervision and control over all state chartered assoeraltions.

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On or before sixty days from the end of each fiscal year, every state chartered association shall make an annual written report to the Secretary of State, upon a form to be prescribed and furnished by the Secretary of State, of its affairs and operations for the preceding fiscal year. Every state chartered association shall also make such other reports as the Secretary of State may from time to time require. The Secretary of State shall at least once in each year, without previous notice, examine, or cause an examination to be made into the affairs of every state chartered association, and at such other times whenever in the judgment of the Secretary of State the condition of a state chartered association renders it necessary or expedient to make an extra examination. Copies of all such examinations or reports shall be delivered as soon as possible by the Secretary of State to an officer of the state chartered association. In lieu of such examination, the Secretary of State may accept an examination made by a Federal Home Loan Bank, the Federal Home Loan Bank Board, or the Federal Savings Loan Insurance Corporation, or any certified public accountant. The Secretary of State, his examiners, or auditors, shall have free access to all books and papers of a state chartered association which relate to its business and may require and compel the production of records, books, papers, contracts, or other documents, by court order, if not voluntarily produced. Supervision by Secretary of State. Section 6. No court in this State shall hereafter grant any new charters to any state chartered association nor any renewals or amendments to any existing charters of any state chartered association without the prior written approval of the Secretary of State. Any new charter or any renewals of, or amendments to, any existing charters, granted in the future without such prior written approval shall be null and void. Charters.

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Section 7. a. Whenever any state chartered association (a) is insolvent, (b) or has unlawfully refused to submit its books, papers, accounts, or affairs, to the reasonable inspection of the Secretary of State or his examiner, (c) or has wilfully violated any lawful rule or regulation of the Secretary of State, (d) or is found after an examination to be in such condition that its further transaction of business will be hazardous to its members, or to its creditors, or to the public, (e) or has wilfully violated its charter or any law of this State, the Secretary of State, the Attorney-General representing him, may apply to the Superior Court, or any Judge thereof, in any judicial circuit in which the state chartered association is chartered, for an order directing such state chartered association to show cause why a receiver should not take possession of its property, liquidate the business, and have such other relief as the nature of the case, the interest of its members, creditors, or the public may require. On such application, or at any time thereafter, said court may, in its discretion, issue an injunction restraining such state chartered association from the transaction of its affairs or the disposition of its property until the further order of the court. On the return of such order to show cause, the court shall hear, try and determine the issues forthwith and shall either deny the application or appoint a receiver to take possession of all the property of the state chartered association and liquidate the business of such state chartered association under the guidance and discretion of the court. Receivership. b. No receiver for a state chartered association shall be appointed on the petition of any person other than the Secretary of State where the petition is based upon any claim or demand not in judgment. Section 8. The Secretary of State may make all such reasonable rules and regulations governing the operation of state chartered associations, provided the same are not

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in conflict with any of the provisions of this Act; such rules and regulations shall provide reasonable bonds for all officers and employees of state chartered associations handling moneys; reasonable limitations on the type of real estate on which funds may be loaned and the percentage of value to be loaned; and the Secretary of State shall have power to make all such other reasonable rules and regulations as may be necessary or proper to the protection of all funds invested by the public in the state chartered associations. Rules and regulations. Section 9. Every state chartered association shall annually at the time of filing its annual report to the Secretary of State pay to the said Secretary of State a fee of $25.00 for each $500,000.00 of assets, or fraction thereof, as shown by the statement of such association as of December 31, of the preceding year. In addition thereto, the Secretary of State shall charge for each application for written approval in accordance with section 6 of this Act in the case of new charters a fee of $50.00, and in the case of renewals or amendments to any existing charters a fee of $25.00. For each examination of a state chartered association, pursuant to the provisions of section 5 of this Act, the Secretary of State shall charge a fee according to the following scale: Reports and fees. Where the assets are less than $150,000.00, $ 25.00 Where the total assets are more than $150,000.00 and not exceeding $300,000.00, $ 40.00; $300,000.00 and not exceeding $500,000.00, $ 50.00; $500,000.00 and not exceeding $750,000.00, $ 85.00; $750,000.00 and not exceeding $1,000,000.00, $125.00. The Secretary of State shall charge each state chartered association with assets over $1,000,000.00 a fee for each such examination of $125.00, plus $35.00 for each $500,000.00 of assets, or fraction thereof over $1,000,000.00. In the event any state chartered association should fail or refuse to pay on demand the amount herein fixed as fees,

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the Secretary of State shall forthwith issue an execution in the name of the State against such state chartered association for the amount of such fees, which shall be enforced in like manner as executions issued by the Superior Courts upon judgments rendered by them. Section 10. No person, firm, company, association, co-partnership, or corporation, either domestic or foreign, unless it is operating pursuant to the provisions of this Act, or under the provisions of Home Owners' Loan Act of 1933, of the Congress of the United States, and is actually engaged in carrying on a building and loan, or savings and loan business in this State under the provisions of this Act, or under the provisions of the Home Owners' Loan Act of 1933 of the Congress of the United States, shall hereafter transact business under any name or title which contains the terms savings and loan, and/or building and loan, or combination of the words used in said phrases, nor use any sign, or use any letter head, or bill head, circular, or paper of any kind, or advertise in any manner which indicates that his or its business is the character or kind of business carried on or transacted by a building and loan, or savings and loan association, as contemplated in this Act, or which is likely to lead the public to believe that his or its business is that of a building and loan, or savings and loan association, and the violation of this provision of this Act shall be a misdemeanor and shall be punished as provided in section 27-2506 of the Code of Georgia, 1933; provided, however, that any corporation heretofore chartered, the name of which shall conflict with the provisions of this section shall have a period of six months after the passage of this Act within which to amend its charter and change its name so as not to conflict with the provisions of this section; and provided further, that the provisions of this section shall not apply to state banks regularly incorporated under the laws of this State, or national banking associations incorporated under the laws of the United States,

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or any institutions which as of the date of the passage of this Act were submitting to voluntary examination by the Banking Department of the State of Georgia, or institutions which as of the date of the passage of this Act were qualified as Trust Companies with the Secretary of State of Georgia. Forbidden acts. Penalty. Section 11. To secure loans, state chartered associations and Federal savings and loan associations, shall have a lien without further agreement or pledge, upon all shares owned by a borrower and upon default upon any loan, such associations may, without notice to or consent of the borrower, cancel on its books the amount outstanding to the credit of the borrower on his shares and apply such amount in payment on account of the loan. Lien to secure loans. Section 12. a. Any state chartered association or corporation of this State, doing a home financing business, may convert itself into a Federal savings and loan association in accordance with the provisions of section 5 of the Home Owners' Loan Act of 1933, of the Congress of the United States, as now or hereafter amended, upon a vote of fifty-one per cent, or more of the votes of the members cast at an annual meeting, or at any special meeting called to consider such action. Conversion. Upon the conversion of any state chartered association into a Federal savings and loan association, the corporate existence of such association shall not terminate, but such Federal association shall be deemed to be a continuation of the entity of the state chartered association so converted and all property of the converted state chartered association, including its rights, titles and interests in and to all property of whatsoever kind, whether real, personal or mixed, and choses in action and every right, privilege, interest and asset of any conceivable value, or

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benefit, then existing or pertaining to it, or, which inure to it, shall immediately by Act of law and without any conveyance or transfer and without any further Act or deed, remain and be vested in and continue to be the property of such Federal association into which the state chartered association has converted itself, and such Federal association shall have, hold and enjoy the same in its own right as fully and to the same extent as the same was possessed, held and enjoyed by the converting state chartered association, and such Federal association, as of the time of the taking effect of such conversion shall continue to have and succeed to all of the rights, obligations and relations of the converting state chartered association. All pending actions and other judicial proceedings to which the converting state chartered association is a party shall not be deemed to have abated or to have discontinued by reason of such conversion, but may be prosecuted to final judgment, order or decree in the same manner as if such conversion into such Federal association had not been made and such Federal association resulting from such conversion may continue such action in its corporate name as a Federal association, and any judgment, order or decree may be rendered for or against the converting state chartered association theretofore involved in such judicial proceedings. Any state chartered association or corporation, which has heretofore converted itself into a Federal savings and loan association under the provisions of the Home Owners' Loan Act of 1933, of the Congress of the United States, and has received a charter from the Federal Home Loan Bank Board, shall hereafter be recognized as a Federal savings and loan association and its Federal charter shall be given full credence by the courts of this State and to the same extent as if such conversion had taken place under the provisions of this section. All such conversions are hereby ratified and confirmed and all of the obligations of such a state chartered association which has so

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converted shall continue as valid and subsisting obligations of such Federal savings and loan association and the title to all of the property of such state chartered association shall be deemed to have continued and vested, as of the date of the issuance of such Federal charter, in such Federal savings and loan association, as fully and completely as if such conversion had taken place since the enactment of this Act pursuant to this section. Conversions. b. Any Federal savings and loan association may convert itself into a State chartered association under this Act upon a vote of 51 per cent. or more of the votes of members of such Federal savings and loan association cast at an annual meeting, or at any special meeting called to consider such action. All of the provisions regarding property and other rights contained in the second paragraph of subsection (a) of this section shall apply, in reverse order, to the conversion of a Federal savings and loan association into a state chartered association operating under this Act, so that the state chartered association shall be a continuation of the corporate entity of the converting Federal association and continue to have all of its property and rights. Section 13. No state chartered association, as defined by this Act, shall be assessed or subjected to taxation by the State, any county, municipality or other political subdivision taxing authority, on its franchise, capital, reserves, surplus, loans, shares, or accounts; except that any real property and any tangible personal property not hereinbefore specifically mentioned, which may be owned by it, shall be subject to taxation to the same extent, according to its value, as all other real and tangible personal property is taxed. The foregoing section shall also apply to all Federal savings and loan associations with a home office located within this state. Taxation.

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Section 14. The sale of shares of any state chartered association subject to the provisions of this Act are hereby exempted from all provisions of law of this State which provide for the supervision and the regulation of the sale of such securities, and the sale of any such shares shall be legal without any action or approval whatsoever on the part of any official authorized to license, regulate, and supervise the sale of securities. Sales of shares. Section 15. No notary public or other public officer shall be disqualified from taking the acknowledgment of or witnessing any instrument, in writing, in which a state chartered association or a Federal savings and loan association is interested, by reason of his holding an office in or being a member of, or being pecuniarily interested in or employed by such associations so interested, and any such acknowledgments, or attestations heretofore taken are hereby validated. Notaries qualified. Section 16. a. A minor shall be allowed to invest in shares of a state chartered association or a Federal savings and loan association in his own name, the shares and their redemption value shall not be subject to the control of his parent, guardian, or trustee, and a receipt or acquittance signed by a minor, who holds any shares, shall be a valid and sufficient release and discharge of a state chartered association or a Federal savings and loan association for any payment of any shares, or delivery of rights, to such minor. Minor's investment. b. A state chartered association, or a Federal savings and loan association, may issue shares in the joint names of two or more persons, or their survivor, in which event any of such persons, who shall first act shall have power to act in all matters related to the shares, whether the other person or persons named in such shares be living or not. The redemption value of any share issued in joint

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names and dividends thereon, or other rights, relating thereto, may be paid or delivered, in whole or in part, to any such persons, who shall first act, whether the other person or persons be living or not. The payment or delivery to any such person or a receipt or acquittance signed by any such person, to whom any such payment, or any such delivery of rights, is made, shall be a valid and sufficient release and discharge of a state chartered association or Federal savings and loan association for the payment or delivery so made. Joint shares. c. A state chartered association, or a Federal savings and loan association, may issue shares in the name of an administrator, executor, guardian, trustee or other fiduciary, in trust, for a named or an unnamed beneficiary or beneficiaries. Any such fiduciary shall have power to vote as a member as though the shares were held absolutely, to make payments upon and to apply for and receive the redemption value of such shares, in whole or in part. The redemption value of any such shares, and dividends thereon, or other rights relating thereto, may be paid or delivered, in whole or in part, to such fiduciary without regard to any notice to the contrary so long as such fiduciary is living. The payment or delivery to any such fiduciary or a receipt or acquittance signed by any such fiduciary, to whom any such payment, or any such delivery of rights, is made, shall be a valid and sufficient release and discharge of a state chartered association or a Federal savings and loan association for the payment or delivery so made. Fiduciary shares. d. Upon the death of a member of a state chartered association, or a Federal savings and loan association, such associations may pay the redemption value of the shares (a) to an executor or administrator appointed by any court of competent jurisdiction in this State, or any other State, or if such association has no written notice of any such appointment or application for appointment

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within ninety (90) days of the death of such member, (b) to the husband or wife of the member, or (c) if no husband or wife, to the children of such member, or (d) if no children or spouse, then to the lawful heirs of such member as shown by affidavit of any relative of such deceased member, and the taking of such affidavit and the payment to any such persons of the redemption value of any such shares shall relieve such associations of all liability as completely as if the redemption value of the shares has been paid to the member in his life time. Payment on death. If no application for the redemption value is made by any person named in the foregoing paragraph within ninety (90) days from the death of a member, a state chartered association or a Federal savings and loan association, shall be authorized to apply not exceeding $500.00 of the redemption value of the shares of such deceased member, in payment of the funeral expenses of such deceased member upon receipt of an itemized statement of such expenses and the affidavit of the undertaker conducting the funeral that said statement was true and correct and had not been paid. Redemption value. Section 17. Any person who shall publish or cause to be published any false statement, expressed either by printing or writing, or sign, or pictures, or the like of, or concerning any state chartered association, or Federal savings and loan association, as to the assets or liabilities of such state chartered association, or Federal savings and loan association, or as to its solvency or ability to meet its obligations, or as to its soundness, or who shall publish or cause to be published any other false statement so expressed, calculated to affect the credit or standing of any such state chartered association or Federal savings and loan associations, or to cast suspicion upon its solvency, soundness, or ability to meet its obligations in due course, shall be guilty of a misdemeanor, and shall be punished as provided in section 27-2506 of the Code of Georgia of 1933. False statements. Penalty.

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Section 18. Any person who shall knowingly falsely circulate any report, or make any false oral statement as to the assets or liabilities of any state chartered association, or Federal savings and loan association, or as to its solvency, or ability to meet its obligations, or as to its soundness; or who shall knowingly make any other false oral statement, calculated to affect the credit or standing of such state chartered association, or Federal savings and loan association, or to cast suspicion upon its solvency, soundness, or ability to meet its obligations in due course, shall be guilty of a misdemeanor, and shall be punished as provided in section 27-2506 of the Code of Georgia of 1933. Section 19. If any provision of this Act, or the application thereof to any corporation, person, or circumstance is held invalid, the remainder of the Act, and the application of such provision to other corporations, persons, or circumstances shall not be affected thereby. Invalid parts. Section 20. This Act shall not be construed to repeal that certain Act entitled: An Act to amend section 2878 of the Code of 1910 to define the term `other like associations' therein referred to; to authorize the associations therein and herein described to lend their funds for stated intervals not exceeding twelve months upon personal endorsement or choses in action, or both, which choses in action may consist in whole or in part of their own paid up stock or stock payable on the installment plan, or paid up or installment certificates of indebtedness which may or may not bear interest while the loan is of force; to authorize such institutions to deduct interest in advance on said loans, not to exceed eight per cent discounts; to declare said loans so made to be lawful, and for other purposes, approved by the Governor of Georgia, August 16, 1913 and known as section 16-101 Code of Georgia 1933, and shall not apply to any corporation doing business as a like association to a Building and Loan Association,

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as defined in said Act. Corporations, however, doing business in this State under said Act shall, within six months from the date of approval of this Act, discontinue the use, as a part of their corporate name or in any manner otherwise denoting the nature of their business, of the words Building and Loan and/or Savings and Loan, or other words or phrases importing a Building and Loan and/or Savings and Loan Institution. No repeal of Code, 16-101. Corporations. Section 21. All laws and parts of laws in conflict herewith are hereby repealed to the extent that such laws and parts of laws are in conflict with the provisions of this Act. Approved December 24, 1937. BUILDING AND LOAN ASSOCIATION SHARES AS FIDUCIARY INVESTMENTS. No. 256. An Act to define the shares of State Chartered Building and Loan Associations and Federal Savings and Loan Associations up to $5,000.00 insured by Federal Savings and Loan Insurance Corporation as legal investments for the funds of certain fiduciaries and corporations; to define such insured shares as securities equivalent to cash; to provide for their acceptance by the Treasurer of this State as a deposit under certain circumstances; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority aforesaid, that shares of a state chartered building and loan association, as defined in the Building and Loan Act, and of a Federal savings and loan association shall be legal investments up to $5,000.00 in each institution for the funds of administrators, executors, guardians, trustees,

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and other fiduciaries of every kind and nature, and for the funds of all insurance companies, credit unions, fraternal benefit societies, and other building and loan and savings and loan associations, provided the institution in whose shares the funds are invested is insured by Federal Savings and Loan Insurance Corporation pursuant to the provisions of title IV of the National Housing Act of the Congress of the United States, as now or hereafter amended. Section 2. Be it further enacted by the authority aforesaid, that such insured shares referred to in section 1 hereof shall be deemed to be securities equivalent to cash, and the Treasurer of this State shall accept as a deposit either in whole or in part such insured shares from any insurance company required by law to make deposits of any kind or character with the Treasurer of this State. Section 3. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict herewith are hereby repealed. Approved January 26, 1938. CLERKS' AND SHERIFFS' PAY. No. 60. An Act providing that the clerks of the Superior Court and sheriffs of all counties of this State having a population of not less than 8,790, nor more than 8,810, according to the Federal census of 1930, shall be entitled to receive from the general funds of such counties the sum of three hundred dollars ($300.00) per annum each, payable in equal installments semi-annually on April 1st and October 1st; providing that the proper authorities having control of the fiscal and financial affairs of such counties shall issue proper county warrants to said

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clerks and sheriffs authorizing these payments, and providing that the county treasuries or other authorities having control of the receipts and disbursements of the funds of such counties be directed to make said payments, and for other 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 clerks of the Superior Court and sheriffs of all counties of this State having a population of not less than 8,790, nor more than 8,810, according to Federal census of 1930, shall, in payment of services rendered for which they are not otherwise compensated, be entitled to receive from the general funds of such counties the sum of three hundred dollars ($300.00) per annum each, payable in equal installments semi-annually on April 1st and October 1st. Population. Pay for services. Section 2. Be it further enacted by the authority aforesaid that the proper county authorities having control of the fiscal and financial affairs of such county, shall, on April 1st and October 1st of each year, issue and make payable to the clerk of the Superior Court and the sheriff of such county, a warrant, directing the county treasurers or other proper authority having control of the receipts and disbursements of the funds of such county to pay said sums to the clerk and sheriff as herein provided, and said county treasurer or other proper authority having control of the receipts and disbursements of the funds of such county, is hereby directed to pay said warrants out of the general funds of such county. Warrants. 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 December 24, 1937

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CLERK'S PAY FOR ENTERING TESTIMONY. No. 359. An Act to provide for the compensation of and payment to clerks of the Superior Court, in counties of this State having a population of not less than 48,660 and not more than 48,670, according to the United States Census of 1930, for entering on the minutes of court or in a book to be kept for that purpose, the testimony delivered on the trial of all felony cases where the jury has returned a verdict of guilty, as required of said clerks in section 27-2401 of the Code of Georgia of 1933; and for other 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 clerks of the Superior Court in all counties of this State having a population, according to the United States Census of 1930, of not less than 48,660 and not more than 48,670, shall be paid from the respective treasuries of said counties the legal recording fee of twenty cents per hundred words for entering on the minutes of the court, or in a book to be kept for that purpose, the testimony delivered on the trial of all felony cases where the jury returns a verdict of guilty, as required of said clerks in section 27-2401 of the Code of Georgia. Population. Fee for entering testimony. 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 are hereby repealed. Approved February 12, 1938.

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CRIMINAL TRIALSSENTENCES. No. 378. An Act to provide that in all criminal trials, except when defendant enters a plea of guilt, the jury shall pass only on the guilt or innocence of the accused; to provide that the trial judge shall fix sentence in cases of conviction or plea of guilt; to provide that the said judge shall make investigation before passing sentence; to authorize and empower the trial judge to suspend sentence; to fine, or probate defendant; to provide an effective date for this Act; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In all criminal trials, whether misdemeanor or felony, wherein the defendant does not enter a plea of guilt, the jury shall pass only on the question of the guilt or innocence of the accused; and it shall be the duty of the trial judge to fix sentence as provided by law, upon the conviction or plea of guilt of the defendant. Judge shall fix sentence. Section 2. Before passing sentence, it shall be the duty of the trial judge to make investigation from the best available sources of the case history of the defendant, and to take the findings of said investigation into consideration in fixing and passing sentence on defendant. Investigation. Section 3. After conviction or plea of guilt for any offense, except a crime punishable by death or life imprisonment, the trial judge may, if he deems it for the best interest of society and the defendant, suspend the imposition or execution of sentence, and may also place the defendant on probation, or may impose a fine applicable to the offense, and also place the defendant on probation. Suspension or probation. Section 4. This Act shall become effective upon passage and approval.

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Section 5. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 16, 1938. ELECTRICIANSEXAMINING BOARD. No. 289. An Act to provide for the examination of master electricians, carrying on said vocation 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 of renewal of certificates for carrying on the said vocation; 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 electricians to engage in said vocation, in order to safeguard life, health and property in said counties. Population. Board created. Section 2. Be it further enacted by the authority aforesaid that master electricians as referred to in this Act are defined as follows: A master electrician is defined as a person who assumes the responsible charge either for himself or direction of other persons in the installation of wiring for light, heat and power, and is skilled in the art of electrical superintending and has sufficient practical knowledge of electricity to efficiently and properly assume the responsible charge and direction of other persons in the installation of wiring for light, heat and power. Definition.

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Section 3. All persons desiring to practice the vocation of master electrician, shall be required to stand an examination as to their knowledge and skill, so as to come within the definition of master electrician hereinbefore given. The Board of Examiners shall consist of two master electricians, one representative of an electrical supply jobber, one journeyman electrician and one graduate engineer who shall be an employee of a public utility. Said Board of Examiners to be appointed by the Board of Commissioners of Roads and Revenue of said counties, each of said appointees to serve as a member of said Board of Examiners for a term of four years. Examination Board. 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 electrician. Oath of office. Section 5. Any applicant failing to pass his first examination for a certificate as a master electrician, shall be entitled to take an examination held within six months from the date of his failure. Examinations. Section 6. Each person desiring to qualify as a master electrician under the terms of this Act, shall before taking examination pay the county tax collector the sum of ten ($10.00) dollars. Said sum shall be paid to the Electrical Examining Board in equal sums as a fee or salary for the work done by said Board in holding said examination. Fees. Salaries. Section 7. Examinations shall be made up by said Board in such manner as to test the knowledge and skill of 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

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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 8. All certificates provided for herein, shall be renewed annually, not later than ninety (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 dollars ($10.00) per annum, and upon proof to the Board of Examiners that their skill, ability and character are sufficient for them to satisfactorily perform the services of master electrician for which renewal certificate is sought. Certificates. Renewal. Section 9. No person shall assume the title of, or perform any work in the counties coming within this Act, as a master electrician, unless and until he shall have received a certificate as provided for in this Act. Certificate essential. Section 10. No partnership or corporation shall have the right to engage in the business of wiring for light, heat and power 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. Said person shall not be employed by more than one firm at the same time. Business requirement. Section 11. It shall be the duty of all partnership and corporations engaged in the business of wiring for light, heat and power installation, or repairing, to immediately notify the Secretary of the Board of Examiners of the severance of connections of any master electrician with such partnership or corporation. Notice. Section 12. 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

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not less than $25.00, nor more than $100.00 or imprisonment in the county jail for a period of not more than ninety (90) days, or both. Penalty. Section 13. 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. Invalid parts. Section 14. 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. 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. Utility corporations. Section 15. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved January 31, 1938. ELECTROCUTION, DIRECTION FOR. No. 377. An Act to provide that in all cases in which a defendant is sentenced to electrocution the trial judge must direct that the sentence be executed by the State Board of Penal Administration; to provide an effective date for this Act; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In all cases in which the defendant is sentenced to be electrocuted it shall be the duty of the trial judge, in passing sentence, to direct that the defendant

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be delivered to the State Board of Penal Administration for electrocution at such penal institution as may be designated by the said board. However, no executions shall be held at the old prison farm in Baldwin County. Direction. Place. Section 2. This Act shall take effect immediately upon 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 February 16, 1938. FEES IN DIVORCE AND ALIMONY CASES. No. 123. An Act to amend 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 6,000 and/or more than 6,100 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 6,000 and/or more than 6,100 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

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of the balance accrued cost due in said divorce cases before the court would be authorized to sign the decree in said case. Population. Advance deposit. 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 January 10, 1938. FISH AND SEA FOOD CONTROL. No. 405. An Act to repeal an Act approved March 31, 1937, Georgia Laws 1937, pages 671-674, and entitled: A bill to be entitled an Act to repeal an Act approved March 31, 1937, Georgia Laws 1937, pages 671 to 674, entitled `An Act to provide for and to authorize the Director of Wild Life to make necessary rules and regulations in property control and conduct the fish, shell fish, oyster, and sea food industries of this State; to provide a tax on wholesale dealers; to provide inspection and sanitation on all fish, shell fish, oysters, and sea foods; to regulate and define the different channels of marketing fish, shell fish, oysters, and sea food in this State; to provide that nothing in this Act shall be construed to apply to or include canned food; and for other purposes,' and in lieu thereof to enact laws authorizing the Commissioner of Agriculture to promulgate rules and regulations in reference to the sanitation, distribution and transportation of fish and sea foods; to provide an annual license for wholesale fish dealers; to fix the duty of administering the law contained herein upon the Commissioner of Agriculture; to allocate the fees collected under this Act to the Department of Agriculture; to provide a penalty for violation of this Act; 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 a certain Act approved March 31, 1937, entitled An Act to 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 sea food industries of this State; to provide a tax on wholesale dealers; to provide inspection and sanitation on all fish, shell fish, oysters, and sea foods; to regulate and define the different channels of marketing fish, shell fish, oysters, and sea foods 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 and the same is hereby repealed. Act of 1937 repealed. Section 2. That in lieu of the repealed Act the following be enacted by the General Assembly of the State of Georgia: Section 3. Be it enacted by the General Assembly of the State of Georgia that from and after the passage and approval of this Act it shall be the duty of the Commissioner of Agriculture of the State of Georgia to administer this Act. It may be administered by him in connection with the administration of the Food and Drug Acts of the State. Administration of this Act. Section 4. Unless the context clearly discloses a different meaning the following words and phrases as used in this Act shall have the following meanings: Words defined. (a) A wholesale fish dealer shall be held to mean and include any person, firm, association of persons or corporation who sells fish or seafood of any kind to a retail dealer, a wholesale dealer, hotels, restaurants, and/or other public eating places of any kind or nature whatsoever.

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(b) A nonresident of the State of Georgia shall be held to mean and include a person who has not maintained a continuous residence in the State of Georgia for one year and actually resided therein for six months next preceding the time when he makes application for a license. (c) A resident of the State of Georgia shall be held to mean and include a person who has maintained a continuous residence in the State of Georgia for one year and has actually resided therein for six months next preceding the time when he makes application for a license and in case of a corporation shall have been organized under the laws of the State of Georgia, and a majority of the stockholders shall be residents of Georgia, or shall have become domesticated and qualified in case of a foreign corporation with the Secretary of State to do business in this State six months before making application for license. (d) Seafood shall be held to mean and include all fresh or frozen fish, and all fresh or frozen shell fish, such as shrimp, oysters, clams, scallops, lobsters, craw-fish, and other similar fresh or frozen edible products of the waters whatsoever. However, nothing in this Act shall apply to any canned or salted sea foods. Section 5. No person, firm, association of persons or corporation shall be authorized or permitted to engage in the business of wholesale fish dealer in the State of Georgia without first having paid to the Commissioner of Agriculture of the State of Georgia the annual license fees hereinafter set out and having procured a license from the Commissioner of Agriculture authorizing such person to engage in the business of wholesale fish dealer. The annual license fee applicable to and required of said wholesale dealers shall be as follows: (a) The annual license fee for each nonresident or alien wholesale fish dealer shall be the sum of $500.00. License taxes.

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(b) Each and every resident wholesale fish dealer shall be required to pay an annual license tax of $10.00. (c) A resident who catches or produces the fish and other sea food he sells shall not be required to pay the license fee provided in subsection (b) above. Provided, however, that no Rolling Store Tax shall be required of any wholesale dealer of fish as defined in this Act who sells no articles other than sea foods. Section 6. Each and every person desiring to engage in the business of wholesale fish dealer in the State of Georgia shall annually on or before the first day of January in each and every year make application to the Commissioner of Agriculture of the State of Georgia for a license in which such applicant shall state his name, his post office address, the nature of business in which he desires to engage, and the place at which he proposes to conduct his business. Such applicant shall also furnish to the Commissioner such other and additional information as said Commissioner may require. When such information is furnished the Commissioner of Agriculture shall advise the applicant the amount of the license tax required of such applicant, and when said annual license tax is paid the Commissioner of Agriculture shall issue to such applicant a license which shall particularly state the nature of the business which the applicant thereunder is authorized to conduct in this State and the place or places from which it may be conducted. The annual license fee shall be payable within 30 days after the passage and approval of this Act, and on or before January 1st of each and every year thereafter. Provided, however, that whenever an application is submitted after July 1st of any year, the annual license fee for the remaining portion of such year shall be onehalf of the annual license fee hereinabove specified. Applications for licenses.

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Section 7. The Commissioner of Agriculture shall be authorized to regulate and prescribe rules and regulations with respect to the proper method of sanitation, distribution and transportation of all fish and sea foods in this State and as well all fish and sea food transported from all other States. To this end said Commissioner may require that all fish and sea foods transported into and in and through the State of Georgia shall be in refrigerated cars or by refrigerated trucks with insulated bodies or in containers disconnected from the body of the truck or by express or in boxes or other containers adequately iced. When fish and sea foods are so transported from this State by truck they shall be so equipped with inclosed insulated bodies or containers disconnected from the body of the truck with proper refrigeration to carry the fish and sea food in good condition with fifty per cent. weight of ice to weight of fish or sea foods. Regulations. Section 8. The Commissioner of Agriculture shall be authorized to require each wholesale fish dealer having a fixed place of business to provide suitable equipment and sanitation to handle and care for fish and sea foods in a sanitary manner; and that each wholesale dealer having a fixed place of business shall have in his place of business refrigerated or insulated box or cooler in which a degree of not higher than 40 degrees temperature shall be maintained and that his place of business shall have proper drainage and sewerage for the care of waste in the proper dressing or processing of fish and sea foods. Equipment. Sanitation. Refrigeration. Section 9. That no person shall be permitted as a traveling fish dealer to conduct a business in the State of Georgia unless he is, or they are, so equipped with refrigerated and insulated containers and unless his vehicle is or their vehicles are so equipped with proper refrigeration or insulation as to provide adequate safe-guards against the sale of unsanitary products. Travelling dealers.

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Section 10. It shall be the duty of the Commissioner of Agriculture to provide the proper and necessary inspection of all fish and sea foods sold or distributed in this State or transported into this State from other states. Inspections. Section 11. All revenues obtained from the annual license fees exacted or required to be paid by and under the terms of this Act shall be allocated to the Department of Agriculture for the purpose of administering this Act. Revenues allocated. Section 12. Any person violating any provision or section of this Act or any valid rule or regulation promulgated by the Commissioner of Agriculture pursuant to the terms hereof shall be deemed guilty of a misdemeanor and upon conviction shall be punished by imprisonment for not less than thirty days nor more than six months or by a fine of not less than $50.00 nor more than $500.00, or by both fine and imprisonment in the discretion of the court. Penalty on violation. Section 13. If any section, provision or clause of this Act shall be declared void or unconstitutional, or if this Act as applied to any particular fact or circumstance shall be declared invalid or unconstitutional, such invalidity shall be not construed to affect the parts, clauses and provisions of this Act not so held to be invalid, or the application of this Act to other facts or circumstances not so held to be invalid. Invalid parts. Section 14. The license of any wholesale fish dealer is subject to revocation by the Commissioner of Agriculture for violation of any law, rule or regulation pertaining to the sale or distribution of sea foods or fish. Revocation of license. Section 15. This Act shall take effect on the passage and approval hereof. Section 16. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 16, 1938.

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INDUSTRIAL BOARD SALARIES. No. 375. An Act to fix and prescribe the compensation of the chairman and members of the Industrial Board created by the Act of the General Assembly approved March 25, 1937; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That from and after passage and approval of this Act, the chairman and each of the members of the Industrial Board shall receive as compensation for their services five thousand ($5,000.00) dollars per year, payable as now provided by law. $5,000 salary. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 14, 1938. INDUSTRIAL LIFE-INSURANCE REGULATED. No. 300. An Act to regulate the industrial business of industrial life insurance companies in the State of Georgia, and the writing of policies of life insurance by such companies; to require such companies to incorporate in all such policies of life insurance written or offered to the public in this State a clause or clauses automatically saving to the insured upon the lapse of such policies any cash surrender value, extended insurance right or privilege or other right or privilege provided by such policy and accrued prior to the date of such lapse, and providing that tht extended insurance right or privilege shall be finally reserved as valid and enforceable upon failure of the insured to make election to take

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some other value or exercise some other right within a reasonable time from the date of such lapse to be set out as a part of the terms of the contract; to make it unlawful for such insurance companies to write or offer to the public in this State any policy or insurance contract which upon a lapse thereof provides or permits a forfeiture of any cash surrender value, extended insurance right or other right or privilege accrued prior to the date of such lapse, upon failure of the insured to give notice or make an election within any specified grace, but not less than 90 days, unless it is provided in such policy that in the event of such failure one of such values or privileges shall automatically become available to the insured; to provide for penalties for the violation of 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. Where any industrial life insurance company doing business in the State of Georgia writes or offers to the public any policy of industrial insurance, or industrial insurance contract, providing a benefit to any person upon the death of the insured, and also as a part of the terms of said policy or contract provides for a cash surrender value, extended insurance right, or other right or privilege to the insured upon the lapse of such policy, after such policy or contract has been in force for any specified period of time, the insurance policy or contract of insurance so written or offered to the public shall also contain a clause, or clauses, specifically providing that upon lapse of said policy or contract for any cause or reason after the right to such cash surrender value, extended insurance right or other right or privilege provided in said contract has accured, the insured shall be entitled to any one of such benefits as the policy may provide at his election, and upon failure to make an election within a reasonable time which may be designated by the terms

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of the insurance contract, shall automatically and without notice to the insurer be entitled to one of such rights or privileges as in the policy or contract provided for; and it shall be unlawful for any such insurance company to write or to offer to the public in this State any policy or contract of insurance which by its terms provides or permits a forfeiture of any cash surrender value, extended insurance right, or other right or privilege, provided by the terms of the policy and accrued at the time of the lapse thereof, upon failure of the insured to give notice or make an election within any specified grace period, but not less than 90 days. But in the event of such failure the value automatically provided for in the policy shall be the only value available. Surrender values. Automatic privileges. Section 2. A violation of the terms of this Act shall be ground for the revocation of any license, right or privilege granted to such company to do business in this State, and in addition thereto any company, representative, or solicitor therefor who shall write, offer to the public, or deliver to any insured any policy or contract of insurance, which in form or legal effect is contrary to or in violation of the terms of this Act shall be guilty of a misdemeanor and upon conviction in any court of competent jurisdiction of this State shall be punished as provided in section 27-2506 of the Code of Georgia of 1933. Revocation of license. Penalty. 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 February 7, 1938. LAND GRANT TO U.S.-CHATHAM COUNTY. No. 212. An Act to grant to the United States of America certain ungranted and reverted lands in Chatham County, Georgia, and for other purposes.

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Whereas, by Acts of the General Assembly of Georgia, passed December 21, 1829 (Dawson's Compilation of the Laws of Georgia, page 272), March 1, 1856, (Acts 1856, page 255), and on March 12, 1866 (Acts 1865-66, page 217) it was provided that 5,000 acres of the ungranted and unappropriated lands in Chatham County, Georgia, might be granted to Chatham Academy, upon certain conditions therein set out, and that the balance of said land, should be sold by the Commissioners of Ungranted Lands and that the interest from the proceeds of said sale should be paid to the Free School Society and the Union Society, both of Savannah, Georgia; Preamble. And whereas, the conditions of said enactments have never been met, and no portion of said lands, has ever been granted to Chatham Academy and no portion thereof has ever been sold by the Commissioners of Ungranted Lands for the benefit of the Free School Society or the Union Society, as provided in said Act and the title to said lands is now in the State of Georgia, and the benevolent purposes of the State of Georgia in seeking to appropriate said land for the benefit of Chatham Academy and the Union Society and the Free School Society (which latter Society is long since extinct) have never been carried out, and said lands are useless for educational purposes; And whereas, the United States of America owns the fee simple title to Cock Spur Island in the Savannah River in Chatham County, Georgia, on which Fort Pulaski is located, which is opposite to the marshland hereinafter described and referred to, and is now engaged in erecting a bridge across the south channel of the Savannah River to afford an approach from McQueen's Island marshes and United States Highway 80 to Cock Spur Island and said Fort Pulaski which has been established as a National Monument known as Fort Pulaski National Monument, and has heretofore

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by Act of the General Assembly approved February 16, 1935, acquired title to approximately 277 acres of marshland on McQueen's Island in Chatham County, Georgia, on the south side of the south channel of the Savannah River to be used as an approach to said Monument and for the purpose of constructing a bridge to Cock Spur Island, said 277 acres being a part of the ungranted and unappropriated lands hereinbefore referred to; and Whereas title to the remaining portion of the marshland on McQueen's Island in Chatham County, Georgia, is vested in the State of Georgia, and the United States of America desires to acquire title to the remaining marshland on McQueen's Island except for the right of way for the United States Highway No. 80, which runs from Savannah to Tybee Island, Georgia, and except further for so much of the old right of way on, over, and through the marshland on McQueen's Island formerly used as a tract for the construction and operation of a railway from Savannah to Tybee Island, which right of way was originally laid out by the Savannah Tybee Railway Company and abandoned by its successor in title, Central of Georgia Railway Company, by authority of the Interstate Commerce Commission and the Public Service Commission of Georgia, whereupon title to said right of way reverted to the State of Georgia; and Whereas, the State of Georgia desires to promote and encourage the establishment and maintenance of Fort Pulaski National Monument because of its historical and educational value to the people of the State of Georgia and the use of the marshland tributory thereto to be used in connection with and as a part of the said Fort Pulaski National Monument. Therefore, be it enacted by the State of Georgia, and it is hereby enacted by authority of the same:

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Section 1. The State of Georgia hereby grants to the United States of America, all of its right, title, and interest, in and to approximately 5,000 acres, more or less, of the marshland located on McQueen's Island, in Chatham County, Georgia, and more particularly described as follows: Grant to United States. All of the marshland situate, lying and being on McQueen's Island and tributory and adjacent thereto not heretofore granted to the United States of America under the terms of the Act approved February 16, 1935, (except as hereinafter excepted) and generally being described as follows: Marshland. Commencing at the low water mark of Lazaretto Creek at its intersection with the south channel of the Savannah River; thence in a generally southwesterly direction along the low water mark of the western bank of Lazaretto Creek, following the meanderings of Lazaretto Creek to and across the mouth of Oyster Creek, and thence along the low water mark of the western bank of Lazaretto Creek in a southwesterly direction to its confluence with Tybee River; thence along the low water mark of the northern bank of Tybee River in a generally northwestern direction to the confluence of said Tybee River with the St. Augustine Creek; thence along the low water mark of the northern bank of St. Augustine Creek in a generally northwesterly direction to the confluence of said St. Augustine Creek with the south channel of the Savannah River; and thence along low water mark of the south bank of the south channel of the Savannah River in a generally southeasterly direction to the point of beginning, and containing 5,000 acres, more or less, excluding and exempting therefrom, however, all of the right, title, and interest of Chatham County, Georgia, and the Highway Department of the State of Georgia, and of the State of Georgia, in and to the right of way for United States Highway No.

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80, State Highway No. 26; said right of way being 150 feet in width, that is to say, 75 feet on each side of the center line thereof, and, further, excepting therefrom, for use by the Highway Department of the State of Georgia, and of the State of Georgia, a right of way along, over and upon the original right of way of the Savannah Tybee Railway Company used as a railroad bed over, through and upon the marshlands hereby granted, which right of way was abandoned by the Savannah Tybee Railway Company and by its successor in title, Central of Georgia Railway Company, by authority of the Interstate Commerce Commission and the Public Service Commission of Georgia, whereupon title to said right of way reverted to the State of Georgia. The reservation hereby made, however, including for any use desired by the State Highway Department of the State of Georgia, or the State of Georgia, of a right of way 200 feet in width for its entire length, that is to say, 100 feet on either side measured from the center of the old right of way of the Savannah Tybee Railway, which said right of way as a whole is reserved for the use of the High-way Department of the State of Georgia, and the State of Georgia, as aforesaid. Described. A map of said tract of 5,000 acres, known as Department of the Interior, National Park Service, Fort Pulaski Proposed Taking of Marshlands on McQueen's Island, Office of the Acting Superintendent, Savannah, Georgia, December 13, 1937, is on file in the Office of the Secretary of State. Section 2. Be it further enacted, that any and all grants of marshlands or river bottom, if any exist, now owned by any person, or leased to any person by the State of Georgia, in and to any of the marshlands hereby granted, are specifically excepted from the operation and terms of this Act. Exceptions.

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Section 3. The lands hereinbefore described are granted to the United States of America for purposes other than those mentioned in article 1, section 8, paragraph 16, of the Constitution of the United States, and upon the express condition that the State of Georgia shall retain jurisdiction as to all civil and criminal processes issued under the authority of this State, which may be executed thereon in like manner as if this Act had not been passed; and upon the further condition that the State of Georgia shall, and it does hereby, retain its civil and criminal jurisdiction over said granted lands and over persons and citizens in said granted territory as over other persons, citizens, and lands in this State. Purposes. Section 4. The Governor is authorized and directed to execute and deliver a deed, in conformity with this Act, granting and conveying the lands described in section 1 hereof to the United States of America. Delivery of deed. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved January 17, 1938. LIVE-STOCK DEALERS DEFINED. No. 91. An Act to amend an Act approved March 31, 1937, Georgia Laws 1937, page 716 et seq, by further defining who are and who are not dealers in live stock within the contemplation 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 authority of the same: Section 1. That section one of the Act approved March 31, 1937, Georgia Laws 1937, page 716 et seq, be and the same is hereby amended by adding after the word resale

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in line 4 of said section, the words or in buying live stock of any kind for slaughter, so that said section one when so amended shall read as follows: Act of 1937 amended. Section one. 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, or buying live stock of any kind for slaughter, defined to be a dealer in live stock within the meaning of this Act. Dealer defined. Section 2. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved December 29, 1937. MOTOR CARRIERSTAX REFUND. No. 298. An Act to authorize a refund of the unearned portion of amounts paid by motor carriers on an annual basis for the calendar year 1937 as mileage tax under the provisions of the Georgia Motor Carriers Tax Act approved March 31, 1931, as amended August 28, 1931, and codified as sections 92-2901 to 92-2926, Georgia Code 1933; to prescribe the method by which the amount of said unearned portions shall be determined; to authorize and direct the Comptroller General of the State to determine the amount of the unearned portion of said taxes so paid; to authorize the Governor, upon the approval of any claim or claims by the Comptroller General, to draw his warrant therefor on the treasury of the State of Georgia and to authorize the payment thereof from any funds in the treasury allocated to the State Highway Department for the maintenance, repair and construction of highways and bridges on State aid roads; to make an appropriation

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in the amount of $10,000.00 or so much thereof as may be necessary to pay such lawful claims as may be made and approved; to repeal all conflicting laws; and for other purposes. Whereas, under the provisions of the Georgia Motor Carriers Tax Act approved March 31, 1931 (Ga. Laws Extra Session 1931, pp.63-75), as amended by the Act approved August 28, 1931 (Ga. Laws 1931, pp. 90-96), and codified as sections 92-2901 to 92-2926, inclusive, Georgia Code 1933, motor carriers for hire at their option were permitted to pay the mileage tax levied and assessed thereby to the Comptroller General on either an annual basis or a mileage or trip basis; and Preamble. Whereas, certain motor carriers operating in the State of Georgia paid the mileage tax due by them respectively on an annual basis including a period of time extending after and beyond the first day of April 1937; and Whereas, the General Assembly of Georgia at the regular session, 1937, enacted the maintenance tax and registration Act which was duly approved by the Governor, March 30, 1937 (Ga. Laws 1937, pp. 155-167), which, by its terms, became effective April 1, 1937, and which also, by its terms, repealed the Motor Carriers for Hire Tax Act approved March 31, 1931, as amended August 28, 1931, leaving in the hands of the State unearned portions of the amount of taxes paid by certain motor carriers on an annual basis under the provisions of said Act approved March 31, 1931, and as amended August 28, 1931, and in consideration of which said motor carriers so paying would have been entitled to operate motor vehicles over the highways of the State of Georgia for a period of time subsequent to April 1, 1937, had the said Act imposing and levying the tax not been repealed. Now, therefore, 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 the State of Georgia does hereby recognize its obligation to refund to such motor carriers paying the mileage tax on an annual basis under the provisions of said Acts of the General Assembly of Georgia so repealed such proportion of the tax paid on an annual basis as the time intervening from and after April 1, 1937, up to the end of the period for which payments were made bears to the entire period for which such tax was advanced or paid. State's obligation. Section 2. That in all cases where mileage taxes were paid by motor carriers on an annual basis and any portion of the period for which such payment was made or advanced had not elapsed on April 1, 1937, and such carrier is not otherwise indebted to the State such person is authorized to file a claim with the Comptroller General of the State of Georgia in such form as such officer may prescribe and it shall be the duty of the Comptroller General to examine the same and if such claim is found to be correct in whole or correct in part then the Comptroller General shall approve the same for such amount as is found to be due the taxpayer, provided, however, that all claims for refund shall be filed with the Comptroller General on or prior to December 31, 1938, and he shall not be authorized to entertain any claim filed subsequent to that date. Refund, how made. Section 3. Be it further enacted that the Governor is and shall be authorized to draw his warrant on the Treasurer of the State of Georgia in favor of the taxpayer for such amount as the Comptroller General has approved and the same may be paid from any fund in the treasury allocated to the State Highway Department for the maintenance, repair and construction of highways and bridges on State aid roads, and an appropriation of $10,000.00 or so much thereof as may be necessary is hereby made to cover the aggregate amount of such claims as may be approved by the Comptroller General under the provisions of this Act. Warrants. Appropriation.

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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 February 3, 1938. PENSIONS MUNICIPALAMENDING ACT. No. 216. An Act to amend an Act approved August 20, 1927, as amended by an Act approved March 28, 1935, and as amended by an Act approved March 30, 1937,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 shall 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 officers and employees two per centum, which shall be set aside in trust for and to make up any deficiency from the current funds of such cities; to provide for that collection and management of the funds; to create a Board of Trustees; to provide that this Act shall not repeal or otherwise affect any other pension now or hereafter paid by such cities; but that no pensioner shall receive two pensions; to provide that the sums due the pensioners shall not be subject to garnishment or judgment, and shall not be assignable; to provide that this Act shall not affect the Workmen's Compensation Law or similar laws; to repeal conflicting laws; and for other purposes; so as to amend section 5 of the Act approved March 28, 1935 (Georgia Laws 1935, p. 445) as amended by the Act approved March 30, 1937, (Georgia Laws 1937, p. 744), so as to

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extend the time in which officers or employees may come into the pension fund as such said section was amended; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, as follows, to wit: That the Act approved August 20, 1927, amended by an Act approved March 28, 1935 and further amended by the Act approved March 30, 1937, caption of which is set forth in this Act, be and the same is hereby amended as follows: Acts amended. Section 1. That section 5 of the Act approved March 28, 1935, which amends the Act approved August 20, 1927 as amended by the Act approved March 30, 1937, be and is hereby repealed and a new section to be known as section 5 inserted in lieu thereof, to wit: Section 5. Any officer or employee who is not now contributing to any pension fund may on or before April 1, 1938, become a member of said pension fund, and be entitled to all of the emoluments herein provided, and receive credit for all of his years of service, provided he shall pay into said fund the sum of two (2%) per centum per annum of his salary to be computed from November 1, 1927 and up to May 1, 1935, and from May 1, 1935 to the date of his becoming a member of such pension fund, the sum of three (3%) per centum of his salary in the event he does not provide for the payment of said pension to his widow, and in the event he does provide the continuance of said payment to his widow he shall pay three (3%) per centum of said salary from November 1, 1927 to May 1, 1935, and four (4%) per centum of said salary from May 1, 1935 to the date he becomes a member of such pension fund. 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 over a period of fifty (50) months, beginning as of the date of said entrance into said pension fund. Membership. Payments.

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Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved January 21, 1938. PUBLIC-ASSISTANCE ACT AMENDED. No. 62. An Act to amend the Act of the General Assembly approved February 26, 1937, and known as the Public Assistance to Aged Act appearing on pages 311-321 of Georgia Laws of 1937, by striking therefrom section 15 providing for recovery from the estate of any recipient of old age assistance; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Act of the General Assembly approved February 26, 1937, known as the Public Assistance to Aged Act appearing on pages 311-321 of Georgia Laws of 1937 be, and the same is hereby amended by striking therefrom in its entirety section 15, providing as follows: Act of 1937 amended. 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 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. Sec. 15 stricken.

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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. Section 2. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Decided December 24, 1937. PUBLIC-WORK CAMP INSTEAD OF CHAIN-GANG. No. 361. An Act to provide that in all criminal sentences and records the words public-work camp shall be used in lieu of the words chain-gang; to provide that every chain-gang in this State shall be known as a public-work camp; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. All criminal records and sentences and all State and county records shall use the words public-work camp in lieu or the words chain-gang and sentences of the courts and the records incidental to sentences of the courts as to convicted criminals shall refer to public-work camp instead of chain-gang in all entries thereon. Words to be used in records and sentences. Section 2. On and after the passage of this Act every chain gang in this State shall be known and denoted as a public-work camp.

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Section 3. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 12, 1938. ROAD-HOUSES, ETC.COUNTY CONTROL. No. 364. An Act to permit counties having a population of between one hundred thousand (100,000) and two hundred thousand (200,000) inhabitants, and cities and towns located within such counties; to regulate and control the conduct and operation of barbecue stands, road-houses, dance-halls, restaurants, tourist-camps, and other businesses, within their respective limits; 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 having a population, according to the last United States Census and any future United States Census of not less than 100,000 inhabitants, and not more than 200,000 inhabitants, the county authorities having control of the levying of taxes, whether they be the ordinary or county Commissioners, shall have authority to pass ordinances regulating, governing and controlling the conduct and operation of all barbecue stands, road-houses, dance-halls, restaurants, tourist-camps, and other places of business where beverages are sold or consumed, and they shall have like authority over the articles which may be sold therein, and the hours during which the place may be open for business, in all such places located in such counties outside of and beyond the corporate limits of any city or town, and no such place of business shall be operated except by permit from such authorities;

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the permit shall be granted, refused, suspended or revoked under rules and regulations fixed by such county authorities. Population. Regulations. Like authority is hereby granted to the governing authorities of each city or town located in such counties, over the conduct of such businesses within the corporate limits of each city or town, respectively. Powers. The powers herein granted shall at all times be reasonably exercised. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed, and this Act shall be effective in those counties coming within its provisions, notwithstanding any charter provisions or law to the contrary. Approved February 12, 1938. SANITARY LAWS IN COUNTIES. No. 90. An Act to amend an Act entitled An Act to authorize the Board of Commissioners of Roads and Revenues or other county authority in charge of the roads and revenues thereof in all counties in the 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 execution for said assessments or charges; to authorize the making of contracts and the employment of persons to carry out the purpose of this Act, and to authorize the enforcement of rules and regulations for the carrying out of

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this Act by punishment as for misdemeanor and for other purposes. (Acts 1937, page 679), so as to authorize the Board of Commissioners of Roads and Revenues of such counties to levy assessments and/or make charges against all property served by garbage disposal facilities 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 passed by the General Assembly and approved by the Governor on March 15, 1937 (Georgia Laws 1937, page 679), entitled An Act to authorize the Board of Commissioners of Roads and Revenues or other county authority in charge of the roads and revenues thereof in all counties in the 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 execution 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, be and the same is hereby amended by striking therefrom the word residents in line four of section 2 of said Act and inserting in lieu thereof the words real estate and the owners thereof, and by adding to said section 2 the following: Act of 1937 amended. For the purpose of determining what assessments and/or charges are reasonable, necessary or proper, and in making assessments and/or charges for the furnishing of garbage disposal facilities, the said Board of Commissioners of Roads and Revenues is hereby authorized to classify property within garbage disposal districts according

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to its use for private residence, apartment, business, industrial, or other purposes, and to levy different charges or assessments against property coming within the several classification, so that said section 2, when amended, shall read as follows: 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 real estate and the owners thereof served by said garbage disposal facilities in said territorial areas as it shall deem proper for the services rendered. For the purpose of determining what assessments and/or charges are reasonable, necessary, or proper in making assessments and/or charges for the furnishing of garbage disposal facilities, the said Board of Commissioners of Roads and Revenues is hereby authorized to classify property within garbage disposal districts according to its use for private residence, apartment, business, industrial, or other purposes, and to levy different charges or assessments against property coming within the several classifications. Classification of property. Garbage disposal. Section 2. Be it further enacted by the General Assembly and it is hereby enacted by the authority of same that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved December 29, 1937. UNEMPLOYMENT COMPENSATION LAW AMENDED. No. 238. An Act to amend an Act of the General Assembly of Georgia, approved March 29, 1937, known as the Unemployment Compensation Law, by clarifying the definitions, terms and provisions of said Act, and

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by specifically amending and clarifying the definition of Calendar Quarter as originally defined in section 19 (p) of said Act; by authorizing and making possible benefit payments at an earlier date than originally provided in section 3 (a) of said Act; by amending and clarifying the definition of Base Period as originally defined in section 19 (s) by fixing the Base Period definitely; by adding to section 3 a new subsection by adding provisions authorizing the Commissioner to prescribe fair and reasonable rules applicable to seasonal workers for the purpose of paying benefits, defining Seasonal Industry and Seasonal Worker and fixing the liability for contributions with respect to workers engaged in such seasonal work and providing for the payment of benefits with respect to such seasonal workers; by striking one of the formulae and providing a single formula for determining the full-time weekly wage, as originally defined in section 3 (d) (1) and (2); by clarifying by further defining the method of setting up wage credits for the purpose of determining duration of benefits; by clarifying and further defining the time in which waiting period weeks may be served prior to claim for benefits as originally provided in section 4 (d) (1) of said Act; by adding to section 5 of said Act a new subsection by providing authority for the collection of benefits by an individual who has acquired wage credits in more than one State; by clarifying and further defining the terms of section 8 (a) fixing the period for which an employer is subject to the Act as originally provided in section 8 (a); by clarifying and further defining the terms of section 4 (d) (3) fixing benefit eligibility conditions; by clarifying, further defining and making further provisions for total and partial unemployment benefits; by clarifying, further defining and making further provisions for filing of claims, and for adjudication of appealed claims; by providing

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that all of the provisions of the Act as amended shall apply to any instrumentality of the United States in the event that the Congress of the United States shall permit the same; by clarifying and further defining the terms of section 5 of said Act dealing with disqualification for benefits, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage and approval of this Act, an Act of the General Assembly of Georgia, approved March 27, 1937, known as the Unemployment Compensation Law, as appears in Georgia Laws, 1937, pages 806 to 849, inclusive, be and the same is, hereby amended, by striking therefrom subsection (p) of section 19 in its entirety, and substituting in lieu thereof, the following subsection, to be known and designated as subsection (p) of section 19, to wit: Act of 1937 amended. Section 19 (p). `Calendar quarter' means the period of three consecutive calendar months ending on March 31, June 30, September 30, or December 31, or the equivalent thereof as the Commissioner may by regulation prescribe, but the term shall not include any time prior to July 1, 1937. Calendar quarter defined. Be it further enacted by the authority aforesaid, that said Act be amended by striking therefrom subsection (a) of section 3 in its entirety, and substituting, in lieu thereof, the following subsection, to be known and designated as subsection (a) of section 3, to wit: Section 3 (a). Payment of Benefits.-On and after January 1, 1939, benefits shall become payable from the fund; provided, however, that in the event that benefit payments can be made from the fund on and after July 1, 1938, without terminating the approvable status of this Act under section 903 of the Social Security Act, the Governor shall issue a public proclamation to that effect

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and thereupon benefits shall become payable from the fund on and after July 1, 1938. All benefits shall be paid through employment offices, in accordance with such regulations as the Commissioner may prescribe. Benefit payments. Be it further enacted by the authority aforesaid, that the said Act be, and the same is, hereby further amended by striking therefrom subsection (s) of section 19, in its entirety, and substituting in lieu thereof the following subsection, to be known and designated as subsection (s) of section 19, to wit: Section 19 (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, provided that with respect to any benefit year which begins prior to October 1, 1939, `base period' shall mean those calendar quarters beginning July 1, 1937 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. Base period. Be it further enacted by the authority aforesaid, that the said Act be, and the same is, hereby amended by adding thereto at the end of section 3, a new subsection, to be known and designated as subsection (g) of section 3, as follows, to wit: Section 3 (g) (1). As used in this section the term `seasonal industry' means an occupation or industry in which, because of the seasonal nature thereof it is customary to operate only during a regularly recurring period or periods of less than forty weeks in a calendar year. The Commissioner shall, after investigation and hearing, determine, and may thereafter from time to

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time re-determine, the longest seasonal period or periods during which, by the best practice of the occupation or industry in question, operations are conducted. Until such determination by the Commissioner, no occupation or industry shall be deemed seasonal. Seasonal industry. (2) The term `seasonal worker' means an individual who is ordinarily engaged in a seasonal industry and who, during the portion or portions of the year when such industry is not in operation, is ordinary not engaged in any other work. Seasonal worker. (3) The Commissioner shall prescribe fair and reasonable general rules applicable to seasonal workers for determining the period for earning and the amount of the total wages required to qualify such workers for benefits and the period during which benefits shall be payable to them. Regulations. Be it further enacted by the authority aforesaid, that the said Act be, and the same is, hereby amended by striking therefrom in its entirety subsection (a) (1) of section 7, and substituting in lieu thereof, the following subsection, to be known and designated as subsection (a) (1) of section 7, as follows, to wit: Section 7 (a) (1). On and after January 1, 1937, contributions shall accrue from 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 an employer shall be subject to this Act during the calendar year 1937, only if such employer shall have had one or more individuals engaged in employment for some time during the period July 1, 1937, to December 31, 1937, inclusive. Such contributions shall become due and be paid by each employer to the Commissioner for the fund in accordance with such regulations

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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. Be it further enacted by the authority aforesaid, that the said Act be, and the same is, hereby amended by striking therefrom in its entirety, subsection (d) (1), (2), and (3) of section 3, and substituting in lieu thereof the following subsection, to be known and designated as subsection (d) of section 3, to wit: Section 3 (d). Determination of full-time Weekly Wage.The full-time weekly wage of any individual shall be deemed to be one-thirteenth of his total wages for employment by employers during that quarter in which said total wages were highest during the period consisting of the next to the last completed calendar quarter immediately preceding the date with respect to which his full-time weekly wage is determined and of the seven immediately preceding consecutive calendar quarters or such lesser number of immediately preceding consecutive calendar quarter as have ensued subsequent to July 1, 1937. The full-time weekly wage of any individual shall be determined and re-determined at such reasonable times as the Commissioner may find necessary to administer this Act and may by regulation prescribe. Full-time weekly wage. Be it further enacted by the authority aforesaid, that the said Act be, and the same is, hereby amended by striking therefrom in its entirety subsection (e) of section 3, and substituting in lieu thereof a subsection to be known and designated as subsection (e) of section 3, as follows, to wit: Section 3 (e). Duration of Benefits.The Commissioner shall compute wage credits for each individual by crediting him with the wages earned by him for employment by employers during each calendar quarter,

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or $390, whichever is the lesser. The Commissioner shall make such computation or crediting only after an employer has satisfied the conditions of section 19 (g) or section 8 with respect to becoming an employer subject to this Act. For the purposes of this section and section 4(e) of this Act, wages shall be counted for benefit purposes only if, as of any week with respect to which benefits are claimed, the employing unit from whom such wages were earned had satisfied the conditions of section 19 (g) or section 8 with respect to becoming an employer subject to this Act. 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. Benefits. Be it further enacted by the authority aforesaid, that the said Act be and the same is hereby amended by striking therefrom in its entirety subsection (d) (1) of section 4, and substituting in lieu thereof a subsection to be known and designated as subsection (d) (1) of section 4 as follows, to wit: Section 4 (d) (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 three additional waiting period weeks during a benefit year; Proviso added. Be it further enacted by the authority aforesaid, that the said Act be, and the same is, hereby amended by

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adding to section 5 a new subsection to be known and designated as subsection (f) of section 5, as follows, to wit: Section 5 (f). For any week with respect to which he has received or is seeking unemployment compensation under an Unemployment Compensation Law of another State or of the United States. Be it further enacted by the authority aforesaid, that the said Act be and the same is hereby amended by striking therefrom in its entirety subsection (a) of section 8 and substituting in lieu thereof, a subsection to be known and designated as subsection (a) of section 8, as follows, to wit: Section 8 (a). Except as provided in subsection (c) of this section, 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 years. Employers. Be it further enacted by the authority aforesaid, that the said Act be, and the same is, hereby amended by striking therefrom in its entirety subsection (d) (3) of section 4, and substituting in lieu thereof, a subsection to be known and designated as subsection (d) (3) of section 4, as follows, to wit: Section 4 (d) (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 and of subsection (e) of section 5; Eligibility. Be it further enacted by the authority aforesaid, that the said Act be, and the same is, hereby amended by striking therefrom in its entirety subsection (k) (1), (2) and (3) of section 19, and substituting in lieu thereof a subsection to be known and designated as subsection (k) (1), (2) and (3) of section 19, as follows, to wit:

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Section 19 (k). Total and Partial Umemployment. (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. Total and partial unemployment. (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 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 not include remuneration for odd-jobs or subsidiary work, and the term `services' shall not include odd-jobs or subsidiary work. Be it further enacted by the authority aforesaid, that the said Act be, and the same is, hereby amended by striking therefrom in its entirety subsection (q) of section 19, and substituting in lieu thereof, a subsection to be known and designated as subsection (q) of section 19, as follows, to wit: Section 19 (q). `Weekly Benefit Amount.'An individual's weekly benefit amount means the amount of benefits an individual would be entitled to receive for one week of total unemployment prior to any deductions therefrom for remuneration for odd-jobs or subsidiary work. Weekly benefit. Be it further enacted by the authority aforesaid, that said Act be, and the same is, hereby amended by striking therefrom in their entirety, subsections (b) and (c) of section 3, and substituting in lieu thereof, subsections to be known and designated as subsections (b) and (c) of section 3, as follows, to wit: Section 3 (b). Weekly Benefit Amount for Total Unemployment.Each eligible individual who is totally unemployed as defined in section 19 (k) (1) in any week

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shall be paid with respect to such week benefits at the rate of fifty per centum of his full-time weekly wage, 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. But there shall be deducted from the weekly benefit amount so determined, five-sixths of any remuneration payable to such individual with respect to such week for odd-jobs or subsidiary work if such remuneration is in excess of $3.00. Benefit payments for total or partial unemployment. (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 (q) and five-sixths of the sum of his wages and remuneration for odd-jobs and subsidiary work for such week. For the purposes of this subsection, remuneration for odd-jobs and subsidiary work shall be counted only if the amount thereof exceeds $3.00 for any week. Be it further enacted by the authority aforesaid, that the said Act be, and the same is, hereby amended by striking therefrom in their entirety subsections (a), (b), (c), (d), (e) and (f) of section 6, and substituting in lieu thereof subsections to be known and designated as subsections (a), (b), (c), (d), (e) and (f) of section 6, as follows, to wit: 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 in places readily accessible to individuals in his service printed statements concerning such regulations or such other matters, as the Commissioner may by regulation prescribe. Each employer shall make available to such individuals copies of such printed statements or materials relating to claims for benefits as the

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Commissioner may by regulation prescribe. Such printed statements or materials shall be supplied by the Commissioner to each employer without cost to him. Claims for benefits. (b) Initial Determination.An examiner designated by the Commissioner shall take the claim. An initial determination thereon shall be made promptly and shall include a determination with respect to whether or not benefits are payable, the week with respect to which benefits shall commence, the weekly benefit amount payable, and the maximum duration of benefits. Any such claim or any question involved therein may be referred to an appeal tribunal which shall make its determination with respect thereto in accordance with the procedures described in subsection (c) of this section. 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 examiner shall promptly transmit all the evidence with respect to that subsection to the Commissioner, who on the basis of the evidence so submitted and such additional evidence as he may require, shall make an initial determination with respect thereto. The claimant and any other parties to the determination shall be promptly notified of the initial determination and the reasons therefor. Such initial determination may for good cause be reconsidered. The claimant and such other parties shall be promptly notified of any such amended determination and reasons therefor. Benefits shall be paid or denied in accordance with such initial determination, or amended determination, as the case may be, except that if the record of the case indicates that a disqualification has been alleged, or may exist, benefits shall be paid only after the claimant or any such party to the initial determination has failed to file an appeal therefrom within seven days after the date of notification of the initial determination or after the date such notification was mailed to his last known address. If an appeal is duly filed with respect to a matter

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other than the weekly benefit amount or maximum duration of benefits payable, 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 an initial determination allowing benefits, such benefits shall be paid regardless of any appeal which may thereafter be taken and provided further that if benefits are paid pursuant to a decision which is finally reversed in subsequent proceedings with respect thereto, no employer's account shall be charged with benefits so paid. Examination. (c) Appeals.Unless such appeal is withdrawn, an appeal tribunal, after affording the parties reasonable opportunity for fair hearing, shall affirm or modify the findings of fact and initial determination. 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. Appeals. (d) Appeal Tribunals.To hear and decide appealed claims, the board of review shall appoint one or more impartial appeal tribunals. Each such tribunal shall consist of either a referee selected in accordance with section 11 (d) of this Act or a body consisting of three members, one of whom shall be a 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 may be selected without regard to section 11 (d) of this Act, 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.

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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. Review. (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 to a decision of an appeal tribunal which is not unanimous and by the examiner 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 parties to any proceedings of its findings and decision. Decisions. (f) Procedure.The manner in which appealed 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 an appealed

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claim. All testimony at any hearing upon a claim shall be recorded, but need not be transcribed unless the disputed claim is further appealed. Hearings. Be it further enacted by the authority aforesaid, that the said Act be and the same is hereby amended by striking therefrom in its entirety paragraph 3 of subsection (g) of section 19, and substituting in lieu thereof a new paragraph to be known and designated as paragraph 3 of subsection (g) of section 19 of said Act, as follows, to wit: Section 19 (g) (3). Any individual or employing unit which acquired the organization, trade or business, or substantially all the assets thereof, of another employing unit if the employment record of such individual or employing unit subsequent to such acquisition together with the employment record of the acquired unit prior to such acquisition, both within the same calendar year, would be sufficient to constitute an employing unit an employer subject to this Act under paragraph (1) of this subsection. Employers. Be it further enacted by the authority aforesaid, that the said Act be and the same is hereby amended by striking therefrom in its entirety paragraph 6 of subsection (g) of section 19, and substituting in lieu thereof a new paragraph to be known and designated as paragraph 6 of subsection (g) of section 19, as follows, to wit: Section 19 (g) (6). For the effective period of its election pursuant to section 8 (c) any other employing unit which has elected to become subject to this Act. Period of election. Be it further enacted by the authority aforesaid, that the said Act be and the same is hereby amended by striking therefrom in its entirety subsection (a) of section 4, and substituting in lieu thereof a new paragraph to be known and designated as subsection (a) of section 4, as follows, to wit:

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Section 4 (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, except that the Commissioner may, by regulation, waive or alter either or both the requirements of this subsection as to such types of cases or situations with respect to which he finds that compliance with such requirements would be oppressive or would be inconsistent with the purposes of this Act. Be it further enacted by the authority aforesaid, that the said Act be and the same is hereby amended by striking therefrom in its entirety paragraph 7 (g) of subsection (h) of section 19, and substituting in lieu thereof a new paragraph to be known and designated as paragraph 7 (g) of subsection (h) of section 19, as follows, to wit: Section 19 (h) (7) (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, provided that, in the event that the Congress of the United States shall permit states to require any instrumentalities of the United States to make payments into an unemployment fund under a State Unemployment Compensation Act (and to comply with State regulations thereunder) then, to the extent permitted by Congress, and from and after the date as of which such permission becomes effective, of all the provisions of this Act shall be applicable to such instrumentalities and to services performed for such instrumentalities in the same manner, to the same extent and on the same terms as to all other employers, employing units, individuals, and services. Provided that if this State should not be certified by the Social Security Board under section 903 of the Social Security Act for any year, then the payments required of such instrumentalities

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with respect to such year shall be refunded by the Commissioner from the fund in accordance with the provisions of subsection (d) of section 14 of this Act. Acts of Congress. Be it further enacted by the authority aforesaid, that it is hereby enacted by authority of the same, that 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 a provision to other persons or circumstances shall not be affected thereby. Invalid parts. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved January 25, 1938. VOTING MACHINES IN CITIES. No. 65. An Act to provide for the use of voting machines for casting, registering, recording and computing ballots or votes at all elections, including primaries, in all municipalities and cities having a population of 200,000 or more, in the State of Georgia, by direct action of the governing body of any municipality or city having a population of 200,000 or more according to the last or any future Federal census, or by referendum; prescribing regulations with reference to the adoption, requirements, purchase, leasing, renting, installation, preparation, custody and demonstration of use of voting machines; providing rules and regulations for the conduct of elections held with voting machines; prescribing the qualifications, number and duties of election officers in election districts or precincts in which voting machines may be used; providing for the experimental use

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of voting machines; placing duties upon governing bodies of municipalities or cities having a population of 200,000 or more, and clerks of councils, and others; providing for re-districting or re-division and/or consolidation of election districts or precincts, and for the creating of election precincts in which voting machines may be used; providing for the purchase, lease, or rental of voting machines, and payment therefor, and expenses incidental to the use of such machines; providing penalties for violation of 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 the authority of the same, that at all elections hereafter held in all municipalities and cities having a population of 200,000 or more according to the last or any future Federal census, in the State of Georgia, whether regular, special, primary, or other elections held under or by authority of any city or municipality in this State having a population of 200,000 or more according to the last or any future Federal census, or any election held for the purpose of determining any question or matter which may be submitted to and referred to the vote of the people of any such city or municipality, ballots or votes may be cast, registered, recorded and counted by means of voting machines meeting the requirements of this Act as hereinafter provided; also at any other elections hereafter held in any such municipality or city ballots or votes may be cast, registered, recorded and counted by means of voting machines meeting the requirements of this Act. Population. Voting machines. Section 2. Be it further enacted by the authority aforesaid, that the governing body of any municipality or city having a population of 200,000 or more according to the last or any future Federal census may, at any regular meeting or at a special meeting called for the purpose, by a majority vote, adopt, purchase, authorize, lease or

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otherwise procure, and provide for use of, any voting machine meeting the requirements of this Act as hereinafter provided, in any one or more voting precincts within said municipality or city; and thereafter said machine may be used for voting at all primaries and elections for public officers and at all regular, special, and other elections held by or under the authority of any such municipality or city in State of Georgia having a population of 200,000 or more, and on all questions and matters that may be submitted thereat, and at any other election held in any such municipality or city, and for receiving, registering and counting the votes of the electors in such election district or districts, precinct or precincts, as such governing body shall direct. Authority to procure and use machines. Section 3. Be it further enacted by the authority aforesaid, that the governing body of any municipality or city in the State of Georgia having a population of 200,000 or more according to the last Federal census may, upon their own motion, submit to the qualified voters of the municipality or city of the aforesaid description, at any regular municipal election, the question Shall voting machines be used in the (city of municipality) of __________?. Referendum as to use of machines. (b) That if the question of using a voting machine or machines be not submitted to the voters by the proper public officials, as hereinbefore provided may be done, upon the filing of a petition signed by at least 10% of the qualified electors of any city or municipality in this State having a population of 200,000 or more according to the last or any future Federal census, and addressed to the governing body of any such city or municipality, the latter shall, at the next regular municipal election, submit to the qualified electors of such city or municipality the question Shall voting machines be used in the (city or municipality) of __________?. Petition for election. (c) The governing body of the city or municipality to which the aforesaid petition is addressed as hereinabove

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provided, shall cause the said question to be printed upon the ballots to be used at the election in the form and manner provided by the laws governing city or municipal elections. Ballots. (d) The election on said question shall be held at the places, during the hours, and under the regulations, provided by law for holding city or municipal elections, and shall be conducted by the election officers provided by law for the purpose to conduct such elections. The election officers shall count the votes cast at the election on said question, and shall make returns thereof to the governing body of such city or municipality for which said election may be held, as required by law. Hours and places. Returns. Section 4. Be it enacted by the authority aforesaid, further, that if a majority of the qualified electors voting on such question shall vote in the affirmative, such vote shall constitute the authority and direction for the use of voting machines meeting the requirements of this Act as hereinafter provided for casting, registering, recording and counting the vote at all elections held in such city or municipality, or in any part thereof. In such event the governing body of the city or municipality in which said vote shall have been cast, shall purchase, or lease, or rent for each election district or precinct of such city or municipality one or more voting machines, of a kind or kinds which meet the requirements of this Act as hereinafter provided. Authority on majority vote. Section 5. Be it further enacted by the authority aforesaid, that no voting machine shall be adopted or used unless it shall, at the time, satisfy the following requirements: It shall afford each elector an opportunity to vote in absolute secrecy; it shall provide facilities for voting for such candidates as may be nominated, and upon such questions as may be submitted; it shall permit each voter, at other than primary elections, to vote a straight party ticket in one operation, and, in one operation, to vote for

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all the candidates of one party for every office to be voted for except those offices as to which he votes for individual candidates; it shall enable each voter, at other than primary elections, to vote a ticket selected from the nominees of any and all parties, from independent nominations, and from persons not in nomination; that it enables each voter to vote, at any election, for any person and for any office for whom and for which he is lawfully entitled to vote, whether or not the name of such person or persons appears upon a ballot-label as a candidate for nomination or election, and to vote for as many persons for an office as he is entitled to vote for, and to vote for or against any question upon which he is entitled to vote; it shall preclude each voter from voting for any candidate, or upon any question, for whom or upon which he is not entitled to vote, and from voting for more persons for any office than he is entitled to vote for, and from voting for any candidate for the same office or upon any question more than once; it shall be capable of adjustment by election officers, so as to permit each voter at a primary election to vote for the candidates for non-partisan nomination, if any, and for the candidates seeking nomination by the political party, in which he is enrolled, if he is enrolled as a member of a political party, and so as to preclude him from voting for the candidates seeking nomination by any political party in which he is not enrolled; it shall permit each voter to deposit, write in, or affix upon receptacles or devices provided for the purposes, ballots containing the names of persons for whom he desires to vote, whose names do not appear upon the machine; it shall permit each voter to change his vote for any candidate, or upon any question appearing upon the ballot-labels, up to the time he begins the final operation to register his vote, or indicates or expresses his intention to register his vote; it shall not only secure to the voter absolute secrecy in the act of voting as hereinbefore provided but it shall be so constructed that no person can see or know for

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whom any other elector has voted or is voting, save a voter whom he has assisted or is assisting in voting as prescribed by law; it shall have voting devices for separate candidates and questions, which shall be arranged in separate rows or columns, so that, at any primary election, one or more adjacent rows or columns may be assigned to the candidates of a party, and shall have parallel office columns or rows transverse thereto; it shall provide for registering of the votes of at least six hundred voters at any one election; it shall be so constructed that votes may be cast thereon for constitutional amendments or any other public measure or question; it shall have a public counter, or other device, the register of which is visible from the outside of the machine, which shall show during the period of voting the total number of voters who have operated the machine during said period of voting; it shall have a protective counter, or other device, which shall record the cumulative total number of movements of the operating mechanism; it shall be provided with a lock or locks, by the use of which, immediately after the polls are closed, or the operation of the machine for an election is completed, all movements of the registering mechanism is absolutely prevented; it shall be provided with a screen, hood or curtain, which shall conceal the actions of the voter while voting; it shall be constructed of good material, in a neat and workmanlike manner; it shall, when properly operated, register or record correctly and accurately every vote cast; it shall be so constructed that a voter may readily learn the method of operating it, it shall be safely transportable; it shall be so constructed and controlled that, during the progress of voting, it shall preclude every person from seeing or knowing the number of votes registered for any candidate, and from tampering with any of the registering mechanism; it shall have a key or keys for the aforementioned lock or locks. Requirements of machine. Secrecy, etc. Section 6. Be it further enacted by the authority aforesaid, that the authorities of any city or municipality authorized

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by section 2 of this Act to adopt a voting machine or voting machines may provide for the experimental use at any election or electins, of a machine which it might lawfully adopt, without a formal adoption thereof, and such use at such election shall be as valid for all purposes as if it had been lawfully adopted; such use may be in one or more election wards of any such city or municipality hereinabove referred to. Experimental use. Section 7. Be it further enacted by the authority aforesaid, that the governing body of any city or municipality in this State having a population of 200,000 or more according to the last or any future Federal census, hereinafter referred to as the local authorities, on the adoption and lease or purchase of a voting machine or machines may provide for the payment therefor in such manner as may be deemed for the best interests of the city or municipality. They may for that purpose make leases, issue bonds, certificates of indebtedness, or other obligations, which shall be a charge on the city or municipality. Such bonds, certificates or other obligations may be issued with or without interest, payable at such time or times as the local authorities may determine, but shall not be issued or sold at less than par. Payment. Leases. Bonds. Section 8. Be it further enacted by the authority aforesaid, that for any election in any city or municipality in this State having a population of 200,000 or more according to the last or any future Federal census in which voting machines are to be used, the election precincts or districts in which such machines are to be used may be created by the officers charged by the present laws of any such city or municipality with established voting places, precincts or election districts so as to contain as near as may be the number of voters as hereinafter provided. The re-division, re-districting or consolidating whereby such election precincts or districts may be created shall be made under the following provisions:

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(a) The Mayor and Council, or Mayor and General Council, or other governing body of the city or municipality having the above prescribed population may redivide wards of cities or municipalities where voting machines are adopted, into election precincts or districts of compact and contiguous territory, or may consolidate election precincts, districts or wards therein into new districts or precincts, each having one thousand registered voters as nearly as may be, except that precincts or districts having less than one thousand registered voters may be created whenever the governing body of the city or municipality shall be of the opinion that the convenience of the voters and the public interests will be promoted thereby. Precincts. (b) Upon the re-division of any ward or wards of a city or municipality into election precincts or districts, and upon the consolidation of election precincts or districts under the provisions of this section, the said governing body of the city or municipality shall appoint the necessary election officers for, and fix the places for holding, the first election thereafter in said new precincts or districts. Officers and places. Section 9. Be it further enacted by the authority aforesaid, that the local authorities adopting a voting machine or machines shall, as soon as practicable thereafter, provide for each voting or polling place one or more voting machines according to the necessity therefor, in complete working order, and shall preserve and keep in repair the same, and shall have custody thereof, and the furniture and equipment of the voting or polling place when not in use at an election. Preservation of machines. Section 10. Be it further enacted by the authority aforesaid, that the exterior of the voting machine and every part of the voting or polling place, shall be in plain view of the election watchers and officers. The voting machine shall be located at the voting or polling place in

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such position, that, unless its construction shall require otherwise, the ballot-labels on the face of the machine can be seen plainly by the election officers and watchers when the machine is not occupied by a voter. The election managers or commissioners shall not themselves be, nor allow any other person to be, in any position that will permit one to see or ascertain how a voter votes, or how he has voted. The election managers, or one of them, shall inspect the face of the machine at frequent intervals, to see that the ballot-labels are in their proper places, and that the machine has not been injured or tampered with. During an election, the door, or other covering of the compartment containing the counters of the machine, shall not be unlocked or opened, or the counters exposed, except by action of the proper custodian of voting machines for good and sufficient reasons, a statement of which shall be made in writing and signed by him and attested by the signatures of the election managers, or except upon the written order of the governing body of such city or municipality for good and sufficient reason which shall be stated in the order; the governing body of city or municipality shall appoint not more than one custodian for every twenty machines, but in no case to be less than one custodian for each city or municipality holding the election, and to receive such compensation as such governing body prescribes. Further regulations. Section 11. Be it further enacted by the authority aforesaid, that during the thirty days next preceding an election, the local authorities namely, the governing body of such city or municipality as above described, shall place on public exhibition, in such places and at such times as they deem most suitable for the information and instruction of the voters, one or more voting machines, containing the ballot-labels, and showing the officers and questions to be voted upon, the names and arrangements of parties, and, so far as practicable, the names and arrangement of the candidates to be voted for. Such machine

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or machines shall be under the charge and care of a person competent as custodian and instructor. No voting machine, which is to be assigned for use in an election, shall be used for such public exhibition and instruction, after having been prepared and sealed for the election. During such public exhibition and instruction, the counting mechanism of the voting machine shall be concealed from view, and the doors, or cover concealing the same, shall be opened, if at all, only temporarily, and then only upon written authorization from the local authorities. Public exhibition of machines. Section 12. Be it further enacted by the authority aforesaid, that any voter who may state under oath that by reason of his inability to read the English language, or by reason of blindness or other physical infirmity, he is unable to use the voting machine, may upon request have assistance in voting as provided may be done in section 138 (11) of Michie's Code of 1926 of Georgia. Assistance to voters. Section 13. Be it further enacted by the authority aforesaid, that in any election precinct or district in which voting machines may have been adopted any voter, but only when required by his regular business and habitual duties to be absent from the city or municipality, ward, precinct or district in which he is registered, may vote by complying with the provisions of the law of this State as contained in the Acts of General Assembly of 1924, page 186, et. seq. Absentee voters. Section 14. Be it further enacted by the authority aforesaid, that in any election precinct or district of every city or municipality in which voting machines may have been adopted the portion of cardboard, paper or other material placed on the front of the machine containing the names of the candidates or a brief statement of the proposed constitutional amendment or other question or proposition to be voted on, shall be known as a ballot-label. The ballot-label shall be supplied by the official or officials charged by the law of the city or municipality

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with providing materials for the holding of an election or elections, and shall be printed in black ink on clear white material of such size as will fit the machine and in plain, clear type, as large as the space will reasonably permit. The party name or other designation shall be prefixed to the list of candidates of such party. The order of the lists of candidates of the several parties shall be arranged as is now provided by law, except that the lists may be arranged horizontally or vertically, with the names of candidates for an office arranged transversely under or opposite the title of the office. The names of all candidates, nominated or seeking nomination by a political party, shall appear in adjacent rows or columns containing generally the names of candidates nominated or seeking nomination by such party. The form and arrangement of ballot-labels, to be used at any election, shall be determined by the clerk of council, or corresponding official, that is, having duties of similar nature of a clerk of council, of any city or municipality having the above prescribed population, as nearly as may be in accordance with the provisions of the laws prescribing the form and arrangement of ballots at such election, and shall be furnished by him to the election managers of the respective voting or polling places, who shall procure such further copies of the same, as may be necessary, at the cost of the city or municipality. In primary elections, the ballot-labels, containing the names of candidates seeking nomination by a political party, shall be segregated on the face of the machine in adjacent rows or columns by parties. Ballot labels. Detailed regulations. Section 15. Be it further enacted by the authority aforesaid, that the officer or officers charged with the duty of providing ballots and ballot-labels for any voting or polling places shall provide therefor the following: (a) A lantern, or a proper substitute for one, which shall give sufficient light to enable voters, while in the voting machine booth, to read the ballot-labels, and suitable

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for the use of election officers in examining the counters. The lantern, or proper substitute therefor, shall be prepared and in good order for use before the opening of the polls. Lights. (b) Two diagrams or sample ballots, of suitable size, representing such part of the face of such voting machine as will be in use in the election, and accompanied by illustrated directions for voting on the machine. Such diagrams shall be posted prominently outside the enclosed space within the voting or polling place. Diagrams. (c) Prior to any election, the officer or officers aforementioned may cause copies of any diagram or diagrams, required to be furnished with voting machines at polling places, to be made, either in full size or in reduced size, and to be posted, published, advertised or distributed among the electors in such manner as they may deem desirable. Copies to be published. Section 16. Be it further enacted by the authority aforesaid, that the requisite number of ballot-labels for use in voting machine or voting machines shall be provided for each polling place for each election precinct or district by clerk of council, or other officer or officers, of the city or municipality now charged by the law pertaining to such city or municipality with furnishing such polling places with ballots. In such manner shall be furnished also all other necessary material for the use of voting machines. In the case of all elections, the said officer or officers who are charged hereby with the duty of preparing the machines for conducting an election shall notify, as far in advance thereof as practicable, the respective chairmen of the city executive committees, or other body or bodies having duties similar thereto, of the political parties, of the intended preparation of such machines for voting. The same officer or officers first referred to in this section shall, before the day of election, cause the proper ballot-labels to be put upon each machine corresponding

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with the sample ballot-labels herein provided for, and the machine or machines in every way to be put in order, set and adjusted, ready for use in voting when delivered at the polling place. And the same officer or officers shall cause the machine or machines so labeled in order, set and adjusted, to be delivered at the voting or polling place, together with all necessary furniture and appliances that go with the same, in the room where the election is to be held in the precinct, not later than 6 o'clock P. M. of the day preceding the election. On the morning of the election the election managers shall meet in the said room at least one hour before the time for opening the polls. They shall see that the sample ballots and instruction cards are posted properly, and everything in readiness for the voting at the hour of opening the polls. The managers shall compare ballot-labels on the machine with the sample ballots, see that they are correct, examine and see that all the counters are set at naught or zero (0) and that the machine or machines are otherwise in perfect order. If upon such inspection it be found that the voting machine has not been properly prepared for the election, or is not in perfect order, the said officer or officers charged in this Act with the duty of the preparation of such machine shall be notified immediately; after provision shall have been made for the use of a machine or machines as will enable the managers of the election to properly conduct the same, the election shall proceed. The machine or machines so used in such election shall not thereafter be operated except by electors in voting. Ballot-label requirements. (a) The election officers or board in each precinct or district in which a voting machine or voting machines are used shall consist of three managers who shall be appointed by the governing body of the city or municipality so using such machine or machines; such governing body being authorized to increase the board of managers from three to any additional number deemed necessary. Said managers shall be judges of the qualifications of voters, and shall

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serve for such reasonable compensation as shall be prescribed by the governing body appointing them. If by 6 o'clock A. M. on the day of election, a majority of said managers fail to attend at any voting or polling place, and ready to proceed to hold the election beginning at the opening hour of 7 o'clock A. M., any three free-holders of the election precinct or district may hold and conduct the same: Provided, that nothing herein contained shall be construed to hinder or prevent any one or more of said appointees of the governing body from acting as manager or managers, should they be present at the voting or polling place, supplying the number of managers required as herein provided from any of the freeholders as aforesaid. The election managers herein provided for, or freeholders acting in their stead as above provided for, shall take the oath prescribed by law for the election of members of the General Assembly. Persons who cannot read and write shall not be competent to serve as managers of election. Where more than one machine is to be used in any election precinct there shall be one additional manager for each additional machine more than one. In the case of primary elections the naming of managers thereof and the oath to be taken shall be as prescribed by the law and rules pertaining to such election. The managers of election shall, upon notice from the clerk of council, or other officer of the city or municipality holding the election charged with the duty, by law, of making all necessary preparations for the holding of all elections authorized, attend any meeting or meetings called for their instruction and receive such instructions as shall be necessary for the proper conduct of the election with the machine or machines. No manager of election shall serve in any election at which a voting machine or machines are used, unless he shall receive such instruction and is fully qualified to perform his duties in connection with the machine: Provided, however, that this shall not prevent the appointment or serving of a manager of election, to fill

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a vacancy arising on the day of election. All clerks may be dispensed with by the managers of elections in voting machine districts and precincts. Managers. Qualifications of voters. Managers qualifications, oath, etc. Section 17. Be it further enacted by the authority aforesaid, that ballots voted for any person whose name does not appear on the ballot-label on the machine as a candidate for office are herein referred to as irregular ballots. Such irregular ballot shall be deposited, written or affixed in or upon the receptacle or device provided for that purpose. Irregular ballots. Section 18. Be it further enacted by the authority aforesaid, that if a method of election for any candidates or offices or of voting on constitutional amendments or other questions or propositions is prescribed by law, in which the use of voting machines is not possible or practicable, or in case at any election, the number of candidates nominated or seeking nomination for any office renders the use of voting machines for such office at such election impracticable, or if for any other reason, at any election the use of voting machines is not possible or practicable, the governing body of such city or municipality as above described may arrange to have the voting for such or all candidates or offices or on such or all constitutional amendments, questions or propositions conducted by paper ballots. In such cases, ballots shall be printed for such or all candidates or offices, or for such or all constitutional amendments, questions or propositions, and the election conducted by the election officers as herein provided for, and the ballots counted and return thereof made in the manner required by law for such candidates or offices or for such or all constitutional amendments, questions or propositions, in so far as paper ballots are used. Impracticability. Ballots. Section 19. Be it further enacted by the authority aforesaid, that as soon as the polls are closed, the voting machine or machines shall be locked against voting and the registering compartment opened in the presence of all

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the members of the board of election managers or other persons who may be lawfully within the room, giving full view of the registering counters and one of said election managers announcing in distinct tones the votes cast for each candidate and for and against the various constitutional amendments, questions or other propositions. Conduct after polls closed. Section 20. Be it further enacted by the authority aforesaid, that the election managers shall then ascertain the number of votes which the candidates have received both on the machine and by the voting of irregular ballots, if any, and one of the managers of election shall publicly announce in a distinct voice the total vote, including also that cast by absentee ballots, if any, for each candidate thus ascertained in the order of the offices as their titles are arranged on the ballot-label. He shall then announce in the same manner the vote on each constitutional amendment, proposition or other question. Before leaving the room and before closing and locking the registering compartment, the election managers shall make and sign a written certificate showing the results of such election: provided, however, that the signing of tally sheets by such managers is not required in election districts using voting machines as tally sheets are not in such case used. The written certificate so made, after having been properly certified and signed, shall be distinctly and clearly read in the hearing of all persons present, and ample opportunity shall be given to compare the results so certified with the registering counters of the machine or machines. After such comparison and correction, if any, is made, the election managers shall then close the registering compartment and lock the same. The transmission and delivery of said certificates by the managers of such election precincts and all other papers of the election for the purpose of effecting and making returns of said election shall be made to the Mayor and Council, or to the Mayor and General Council, or to the governing body, by whatever title named, of the city or municipality which

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held the said election. Said governing body shall consider the said returns and declare the results. When irregular ballots have been voted they shall be returned, preserved and finally destroyed as is now provided by law in the case of other election ballots. Following the locking of the registering compartment as above provided, the machine or machines shall remain locked and sealed for a period of at least thirty days: provided, however, that should the use of same be required at any election to be held within said thirty day period, the machine or machines may be opened at least ten days prior to the date of such subsequent election: provided, further, that same may be opened at any time upon order of a court of competent jurisdiction. Announcement of vote. Certificate. Returns. Locking and registering. Section 21. Be it further enacted by the authority aforesaid, that when the machine is locked and sealed at the close of an election in the manner required by this Act, the managers of election shall promptly deliver to the clerk of council, or official whose duties with relation to elections correspond thereto, of the city or municipality having held the election, the keys of the machine or machines enclosed in a sealed envelope. Delivery of keys. Section 22. Be it further enacted by the authority aforesaid, that the local authorities shall designate a person or persons who shall have the custody of the voting machines of the city or municipality, and the keys therefor, when the machines are not in use at an election, and shall provide for his or their compensation and for the safe storage and care of the machines and keys. As soon as possible after the completion of the count of the votes cast at any election, the local authorities shall have the machine or machines removed to the place of storage provided for in this section. Custody of machines. Section 23. Be it further enacted by the authority aforesaid, that

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1. The list of offices and candidates, and the statements of questions on the voting machines shall be deemed an official ballot. And that as used in this Act: Words defined. 2. The words ballot-labels shall mean the cards, paper, or other material, containing the names of offices and candidates and statements of questions to be voted on; 3. The word diagram shall mean an illustration of the official ballot, when placed upon the machine, showing the names of the parties, offices and candidates, and statements of the questions, in their proper places, together with the voting devices therefor, and shall be considered a specimen ballot; 4. The word question shall mean a brief statement of such constitutional amendment or other proposition as shall be submitted to a popular vote at any election; 5. The words irregular ballot shall mean the paper or other material on which a vote is cast on a voting machine for persons whose names do not appear on the ballot labels; 6. The words registering counters shall mean the counters on which are registered numerically the votes cast for candidates, and on questions, respectively; 7. The words public counter shall mean a counter or other device which shall, at all times, publicly indicate how many times the machine has been voted on at an election; 8. The words protective counter shall mean a counter or protective device or devices that will register each time the machine is operated, and shall be so constructed and so connected that it cannot be reset, altered, or operated, except by operating the machine;

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9. The word custodian shall mean the person charged with the duty of testing and preparing the voting machine for the election, and instructing the election officers in the use of the voting machine; 10. The word election and elections, whenever used in this Act, shall be held to include and mean all regular, special, primary, or other municipal elections, and any other elections held under or by the authority of any city or municipality in the State of Georgia having a population of 200,000 or more according to the last or any future Federal census, also any other elections hereafter held in any such city or municipality; 11. The words registering compartment shall mean that part of the voting machine containing the registering counters. Section 24. Be it further enacted by the authority aforesaid, that any election officer, manager, or other person who shall violate any of the provisions of this Act, or who shall tamper with, or injure, or attempt to injure, any voting machine to be used in or being used in any election, or who shall prevent, or attempt to prevent, the correct operation of such machine, or any unauthorized person who shall make or have in his possession a key or keys to a voting machine to be used in or being used in an election, shall be guilty of a misdemeanor, and upon conviction thereof, shall be sentenced to undergo imprisonment for not more than one year, or to pay a fine not exceeding one thousand dollars ($1,000.000), or both, in the discretion of the court. Penalty on violation of this Act. Section 25. Be it further enacted by the authority aforesaid, that except as modified by the provisions of this Act, the general laws regulating general, municipal, primary, special, and other elections, where not inconsistent with this Act, shall apply to all such elections, held in cities or municipalities adopting voting machines under

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the provisions of this Act. Any provisions of law which conflict with the use of such machine or machines as herein set forth, shall not apply to the precinct or precincts, election district or districts, in which an election is to be conducted by the use of such machine or machines. Application of laws. Section 26. Be it further enacted by the authority aforesaid, that it is hereby declared to be the intention of the General Assembly of the State of Georgia that, if this Act cannot take effect in its entirety, because of the judgment of a court of competent jurisdiction holding unconstitutional any section, paragraph or clause thereof, the remaining provisions of the Act shall be given full force and effect, as completely as if the section, paragraph or clause held unconstitutional had not been included herein. Invalid enactments. Section 27. Be it further enacted by the authority aforesaid, that all Acts or parts of Acts of the General Assembly, in conflict with the provisions of this Act, are hereby repealed, so far as the conduct of elections in political subdivisions adopting voting machines is concerned Approved December 24, 1937. WAREHOUSEMENBONDSNEGOTIABLE RECEIPTS. No. 409. An Act to be known as the Uniform Warehouse Receipts Law; to define who are warehousemen; to provide for the issuance and form of negotiable and non-negotiable warehouse receipts; to provide who may issue receipts; to define the duties, powers and liabilities of warehousemen; to provide remedies for creditors in reaching negotiable receipts; to provide for a lien for warehousemen and the manner and method of enforcing the same; to provide for the negotiation and transfer

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of warehouse receipts and to fix the rights of parties to such negotiation and transfer; to provide penalties for the violations of this Act; to provide the manner in which warehousemen may become bonded public warehousemen, the amount of their bonds, the method of approval of same; to repeal sections 111-101, 111-102, 111-103, 111-104, 111-105, 111-106, 111-107, 111-108, 111-109, 111-110, 111-111, 111-112, and 111-113, of the Code of Georgia of 1933; to repeal section 12-405 of the Code of Georgia of 1933; to repeal section 5-316 of the Code of Georgia of 1933; 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: Chapter I.Definitions. Section 1. Definitions of terms.(1) In this Act, unless the context or subject matter otherwise requires: Words defined. Action includes counter claim, set-off and suit in equity. Delivery means voluntary transfer of possession from one person to another. Fungible goods means goods of which any unit is, from its nature or by mercantile custom, treated as the equivalent of any other unit. Goods means chattels or merchandise in storage (including products of naval stores) or which has been or is about to be stored. Holder of a receipt means a person who has both actual possession of such receipt and a right of property therein. Order means an order by indorsement on the receipt. Owner does not include mortgagee or pledgee.

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Person includes a corporation or partnership of two or more persons having a joint or common interest. To purchase includes to take as mortgagee or as pledgee. Purchaser includes mortgagee and pledgee. Receipt means a warehouse receipt. Value is any consideration sufficient to support a simple contract. An antecedent or pre-existing obligation, whether for money or not, constitutes value where a receipt is taken either in satisfaction thereof or as security therefor. Warehouseman means a person lawfully engaged in the business of storing goods (including products of naval stores) for profit. (2) A thing is done in good faith within the meaning of this Act, when it is in fact done honestly, whether it be done negligently or not. Chapter II.Insurance. Section 2. The law with reference to the obligation of the warehouseman to insure, in the absence of a request to insure by the owner or depositor of the goods, and the presumption of the existence of such insurance shall remain as now provided by law. Presumption of insurance. Chapter III.The issue of warehouse receipts. Section 3. Persons Who May Issue Receipts.Warehouse receipts may be issued by any warehouseman. Receipts regulated. Section 4. Form of Receipts. Essential Terms.Warehouse receipts need not be in any particular form, but every such receipt must embody within its written or printed terms. Receipts regulated.

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(a) The location of the warehouse where the goods are stored. (b) The date of issue of the receipt, (c) The consecutive number of the receipt, (d) A statement whether the goods received will be delivered to the bearer, to a specified person, or to a specified person or his order, (e) The rate of storage charges, (f) A description of the goods or of the packages containing them. (g) The signature of the warehousemen, which may be made by his authorized agent, (h) If the receipt is issued for goods of which the warehouseman is owner, either solely or jointly or in common with others, the fact of such ownership, and (i) A statement of the amount of advances made and of liabilities incurred for which the warehouseman claims a lien. If the precise amount of such advances made or of such liabilities incurred is, at the time of the issue of the receipt, unknown to the warehouseman or to his agent who issues it, a statement of the fact that advances have been made or liabilities incurred and the purpose thereof is sufficient. (j) The amount and rate of insurance on the goods, provided that if there is no insurance thereon by reason of an agreement with the depositor, the receipt shall be so stamped. A warehouseman shall be liable to any person injured thereby, for all damage caused by the omission from a negotiable receipt of any of the terms herein required. Section 5. Form of receipts. What terms may be inserted.A warehouseman may insert in a receipt, issued by him, any other terms and conditions, provided that such terms and conditions shall not:

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(a) Be contrary to the provisions of this Act. (b) In any wise impair his obligation to exercise that degree of care in the safe-keeping of the goods entrusted to him which a reasonably careful man would exercise in regard to similar goods of his own. Section 6. Definition of non-negotiable receipt.A receip in which it is stated that the goods received will be delivered to the depositor, or to any other specified person, is a non-negotiable receipt. Non-negotiable. Section 7. Definition of negotiable receipt.A receipt in which it is stated that the goods received will be delivered to the bearer or to the order of any person named in such receipt is a negotiable receipt. Negotiable. No provision shall be inserted in a negotiable receipt that it is non-negotiable. Such provision, if inserted, shall be void. Void provision. Section 8. Duplicate receipts must be so marked.When more than one negotiable receipt is issued for the same goods, the word duplicate shall be plainly placed upon the face of every such receipt, except the one first issued. A warehouseman shall be liable for all damage caused by his failure so to do to any one who purchased the subsequent receipt for value supposing it to be an original, even though the purchase be after the delivery of the goods by the warehouseman to the holder of the original receipt. Duplicates. Section 9. Failure to mark not negotiable.A non-negotiable receipt shall have plainly placed upon its face by the warehouseman issuing it non-negotiable, or not negotiable. In case of the warehouseman's failure so to do, a holder of the receipt who purchased it for value supposing it to be negotiable, may, at his option, treat such receipt as imposing upon the warehouseman the same liabilities he would have incurred had the receipt been negotiable. Omission to mark.

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This section shall not apply, however, to letters, memoranda or written acknowledgments of an informal character. Chapter IV.Obligations and rights of ware- housemen upon their receipts. Section 10. Obligation of warehousemen to deliver.A warehouseman, in the absence of some lawful excuse provided by this Act, is bound to deliver the goods upon a demand made either by the holder of a receipt for the goods or by the depositor, if such demand is accompanied with: Delivery conditions. (a) An offer to satisfy the warehouseman's lien. (b) An offer to surrender the receipt if negotiable, with such endorsements as would be necessary for the negotiation of the receipt, and (c) A readiness and willingness to sign, when the goods are delivered, an acknowledgment that they have been delivered, if such signature is requested by the warehouseman. In case the warehouseman refuses or fails to deliver the goods in compliance with a demand by the holder or depositor so accompanied, the burden shall be upon the warehouseman to establish the existence of a lawful excuse for such refusal. Section 11. Justification of warehouseman in delivering.A warehouseman is justified in delivering the goods, subject to the provisions of the three following sections, to one who is: Delivery justified. (a) The person lawfully entitled to the possession of the goods, or his agent, (b) A person who is either himself entitled to delivery by the terms of a non-negotiable receipt issued for the

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goods, or who has written authority from the person so entitled either endorsed upon the receipt or written upon another paper, or (c) A person in possession of a negotiable receipt by the terms of which the goods are deliverable to him or order or to bearer, or which has been endorsed to him or in blank by the person to whom delivery was promised by the terms of the receipt or by his mediate or immediate endorsee. Section 12. Warehouseman's liability for misdelivery.Where a warehouseman delivers the goods to one who is not in fact lawfully entitled to the possession of them, the warehouseman shall be liable as for conversion to all having a right of property or possession in the goods if he delivered the goods otherwise than as authorized by subdivisions (b) and (c) of the preceding section and though he delivered the goods as authorized by said subdivisions he shall be so liable, if prior to such delivery he had either: Liability on misdelivery. (a) Been requested, by or on behalf of the person lawfully entitled to a right of property or possession in the goods, not to make such delivery, or (b) Had information that the delivery about to be made was to one not lawfully entitled to the possession of the goods. Section 13. Negotiable receipts must be canceled when goods delivered.Except as provided in section 38 where a warehouseman delivers goods for which he had issued a negotiable receipt, the negotiation of which would transfer the right to the possession of the goods, and fails to take up and cancel the receipt, he shall be liable to any one who purchases for value in good faith such receipt, for failure to deliver the goods to him, whether such purchaser acquired title to the receipt before or after the delivery of the goods by the warehousemen. Cancellation of receipts.

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Section 14. Negotiable receipts must be canceled or marked when part of goods delivered.Except as provided in section 38 where a warehouseman delivers part of the goods for which he had issued a negotiable receipt and fails either to take up and cancel such receipt, or to place plainly upon it a statement of what goods or packages have been delivered, he shall be liable, to any one who purchases for value in good faith such receipt, for failure to deliver all the goods specified in the receipt, whether such purchaser acquired title to the receipt before or after the delivery of any portion of the goods by the warehouseman. Marking on part delivery. Section 15. Altered receipts.The alteration of a receipt shall not excuse the warehouseman who issued it from any liability if such alteration was: Alteration as affecting liability. (a) Immaterial, (b) Authorized, or (c) Made without fraudulent intent. If the alteration was authorized, the warehouseman shall be liable according to the terms of the receipt as altered. If the alteration was unauthorized, but made without fraudulent intent, the warehouseman shall be liable according to the terms of the receipt, as they were before alteration. Material and fraudulent alteration of a receipt shall not excuse the warehouseman who issued it from liability to deliver, according to the terms of the receipt as originally issued, the goods for which it was issued, but shall excuse him from any other liability to the person who made the alteration and to any person who took with notice of the alteration. Any purchaser of the receipt for value without notice of the alteration shall acquire the same rights against the warehouseman which such purchaser would have acquired if the receipt had not been altered at the time of the purchase.

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Section 16. Lost or destroyed receipts.Where a negotiable receipt has been lost or destroyed, a court of competent jurisdiction may order the delivery of the goods upon satisfactory proof of such loss or destruction and upon the giving of a bond with sufficient sureties to be approved by the court to protect the warehouseman from any liability or expense, which he or any person injured by such delivery may incur by reason of the orginal receipt remaining outstanding. The court may also in its discretion order the payment of the warehouseman's reasonable costs and counsel fees. Loss of receipt. The delivery of the goods under an order of the court as provided in this section, shall not relieve the warehouseman from liability to a person to whom the negotiable receipt has been or shall be negotiated for value without notice of the proceedings or of the delivery of the goods. Delivery on court order. Section 17. Effect of duplicate receipts.A receipt upon the face of which the word duplicate is plainly placed is a representation and warranty by the warehouseman that such receipt is an accurate copy of an original receipt properly issued and uncanceled at the date of the issue of the duplicate, but shall impose upon him no other liability. Duplicate receipts. Section 18. Warehouseman cannot set up title in himself.No title or right to the possession of the goods, on the part of the warehouseman, unless such title or right is derived directly or indirectly from a transfer made by the depositor at the time of or subsequent to the deposit for storage, or from the warehouseman's lien, shall excuse the warehouseman from liability for refusing to deliver the goods, according to the terms of the receipt. Title or right of possession. Section 19. Interpleader of adverse claimants.If more than one person claims the title or possession of the goods, the warehouseman may, either as a defense to

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an action brought against him for non-delivery of the goods, or as an original suit, whichever is appropriate, require all known claimants to interplead. Adverse claimants. Section 20. Warehouseman has reasonable time to determine validity of claims.If some one other than the depositor or person claiming under him has a claim to the title or possession of the goods, and the warehouseman has information of such claim, the warehouseman shall be excused from liability for refusing to deliver the goods, either to the depositor or person claiming under him or to the adverse claimant, until the warehouseman has had a reasonable time to ascertain the validity of the adverse claim or to bring legal proceedings to compel all claimants to interplead. Determination of validity of claims. Section 21. Adverse title is no defense except as above provided.Except as provided in the two preceding sections and in sections 11 and 38, no right or title of a third person shall be a defense to an action brought by the depositor or person claiming under him against the warehouseman for failure to deliver the goods according to the terms of the receipt. Adverse title. Section 22. Liability for non-existence or misdescription of goods.A warehouseman shall be liable to the holder of a receipt, issued by him or on his behalf by an agent or employee the scope of whose actual or apparent authority includes the issuing of warehouse receipts, for damages caused by the non-existence of the goods or by the failure of the goods to correspond with the description thereof in the receipt at the time of its issue. If, however, the goods are described in a receipt merely by a statement of marks, or labels upon them, or upon packages containing them, or by a statement that the goods are said to be goods of a certain kind, or that the packages containing the goods are said to contain goods of a certain kind, or by words of like purport, such statements, if true, shall not make liable the warehouseman

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issuing the receipt, although the goods are not of the kind which the marks or labels upon them indicate, or of the kind they were said to be by the depositor. Damagesliability on misdescription or non-existence. Section 23. Liability for care of goods.A warehouseman shall be liable for any loss of, or injury to, the goods caused by his failure to exercise such care in regard to them as a reasonably careful owner of similar goods would exercise, and a failure to deliver the goods on demand to the person entitled shall be prima facie evidence of the failure to exercise such care, provided, however, that a warehouseman shall not be liable, in the absence of an agreement to the contrary, for any loss or injury to the goods which could not have been avoided by the exercise of such care. The delivery of the goods in a damaged condition, if such damaged condition was not noted in the warehouse receipt, shall be prima facie evidence of negligence on the part of the warehouseman. Care to be exercised. Section 24. Goods must be kept separate.Except as provided in the following section, a warehouseman shall keep the goods so far separate from goods of other depositors, and from other goods of the same depositor for which a separate receipt has been issued, as to permit at all times the identification and re-delivery of the goods deposited. Separation of goods. Section 25. Fungible goods may be commingled, if warehouseman authorized.If authorized by agreement or by custom, a warehouseman may mingle fungible goods with other goods of the same kind and grade. In such case the various depositors of the mingled goods shall own the entire mass in common and each depositor shall be entitled to such portion thereof as the amount deposited by him bears to the whole. Mingled goods. Section 26. Liability of warehouseman to depositors of commingled goods.The warehouseman shall be severally liable to each depositor for the care and re-delivery

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of his share of such mass to the same extent and under the same circumstances as if the goods had been kept separate. Liability to depositors. Section 27. Attachment or levy upon goods for which negotiable receipt has been issued.If the goods are delivered to a warehouseman by the owner or by a person whose act in conveying the title to them to a purchaser in good faith for value would bind the owner, and a negotiable receipt is issued for them, they can not thereafter, while in the possession of the warehouseman, be attached by garnishment or otherwise, or be levied upon under an execution unless the receipt be first surrendered to the warehouseman, or its negotiation enjoined. The warehouseman shall in no case be compelled to deliver up the actual possession of the goods until the receipt is surrendered to him or impounded by the court. Attachment or garnishment. Levy on surrender of receipt. Section 28. Creditors' remedies to reach negotiable receipts.A creditor whose debtor is the owner of a negotiable receipt shall be entitled to such aid from courts of appropriate jurisdiction, by injunction and otherwise, in attaching such receipt or in satisfying the claim by means thereof as is allowed at law or in equity, in regard to property which cannot readily be attached or levied upon by ordinary legal process. Remedies of creditors at law. Section 29. What claims are included in the warehouseman's lien.Subject to the provisions of section 32, a warehouseman shall have a lien on goods deposited or on the proceeds thereof in his hands, for all lawful charges for storage and preservation of the goods; also for all lawful claims for money advanced, interest, insurance, transportation, labor, weighing, coopering and other charges and expenses in relation to such goods; also for all reasonable charges and expenses for notice, and advertisements of sale, and for sale of the goods where default has been made in satisfying the warehouseman's lien. Liens of warehousemen.

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Section 30. Against what property the lien may be enforced.Subject to the provisions of section 32 a warehouseman's lien may be enforced: Lien enforcement. (a) Against all goods, whenever deposited, belonging to the person who is liable as debtor for the claims in regard to which the lien is asserted, and (b) Against all goods belonging to others which have been deposited at any time by the person who is liable as debtor for the claims in regard to which the lien is asserted if such person had been so entrusted with the possession of the goods that a pledge of the same by him at the time of the deposit to one who took the goods in good faith for value would have been valid. Section 31. How the lien may be lost.A warehouseman loses his lien upon goods: Loss of lien. (a) By surrendering possession thereof, or (b) By refusing to deliver the goods when a demand is made with which he is bound to comply under the provisions of this Act. Section 32. Negotiable receipt must state charges for which lien is claimed.If a negotiable receipt is issued for goods, the warehouseman shall have no lien thereon, except for charges for storage of those goods subsequent to the date of the receipt, unless the receipt expressly enumerates other charges for which a lien is claimed. In such case there shall be a lien for the charges enumerated so far as they are within the terms of section 29, although the amount of the charges so enumerated is not stated in the receipt. Charges as basis of lien. Section 33. Warehouseman need not deliver until lien is satisfied.A warehouseman having a lien valid against the person demanding the goods may refuse to deliver the goods to him until the lien is satisfied. Satisfaction before delivery.

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Section 34. Warehouseman's lien does not preclude other remedies.Whether a warehouseman has or has not a lien upon the goods, he is entitled to all remedies allowed by law to a creditor against his debtor, for the collection from the depositor of all charges and advances which the depositor has expressly or impliedly contracted with the warehouseman to pay. Remedies at law. Section 35. Satisfaction of lien by sale.A warehouseman's lien for a claim which has become due may be satisfied as follows: Satisfaction of lien. The warehouseman shall give a written notice to the person on whose account the goods are held, and to any other person known by the warehouseman to claim an interest in the goods. Such notice shall be given by delivery in person or by registered letter addressed to the last know place of business or abode of the person to be notified. The notice shall contain: Notice. (a) An itemized statement of the warehouseman's claim, showing the sum due at the time of the notice and the date or dates when it became due, Statement. (b) A brief description of the goods against which the lien exists, (c) A demand that the amount of the claim as stated in the notice, and of such further claim as shall accrue, shall be paid on or before a day mentioned, not less than ten days from the delivery of the notice if it is personally delivered, or from the time when the notice should reach its destination, according to the due course of post, if the notice is sent by mail, and Demand. (d) A statement that unless the claim is paid within the time specified the goods will be advertised for sale and sold by auction at a specified time and place. Advertisement. In accordance with the terms of a notice so given, a sale of the goods by auction may be had to satisfy any valid claim of the warehouseman for which he has a lien

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on the goods. The sale shall be had in the place where the lien was acquired, or, if such place is manifestly unsuitable for the purpose, at the nearest suitable place. After the time for the payment of the claim specified in the notice to the depositor has elapsed, an advertisement of the sale, describing the goods to be sold, and stating the name of the owner or person on whose account the goods are held, and the time and place of the sale, shall be published once a week for two consecutive weeks in a newspaper published in the place where such sale is to be held. The sale shall not be held less than fifteen days from the time of the first publication. If there is no newspaper published in such place, the advertisement shall be posted at least ten days before such sale in not less than six conspicuous places therein. Auction sale. Publication. From the proceeds of such sale the warehouseman shall satisfy his lien, including the reasonable charges of notice, advertisement, and sale. The balance, if any, of such proceeds shall be held by the warehouseman, and delivered on demand to the person to whom he would have been bound to deliver or justified in delivering the goods. Proceeds of sales. At any time before the goods are so sold any person claiming a right of property or possession therein may pay the warehouseman the amount necessary to satisfy his lien and to pay the reasonable expenses and liabilities incurred in serving notices and advertising and preparing for the sale up to the time of such payment. The warehouseman shall deliver the goods to the person making such payment if he is a person entitled, under the provisions of this Act, to the possession of the goods on payment of charges thereon. Otherwise the warehouseman shall retain possession of the goods according to the terms of the original contract of deposit. Payment by claimant. Delivery. Section 36. Perishable and hazardous goods.If goods are of a perishable nature, or by keeping will deteriorate greatly in value, or by their odor, leakage, inflammability,

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or explosive nature, will be liable to injure other property, the warehouseman may give such notice to the owner, or to the person in whose name the goods are stored, as is reasonable and possible under the circumstances, to satisfy the lien upon such goods, and to remove them from the warehouse, and in the event of the failure of such person to satisfy the lien and to remove the goods within the time so specified, the warehouseman may sell the goods at public or private sale without advertising; or if said person cannot be found, on reasonable inquiry, the sale may be made without notice; or if the warehouseman after a reasonable effort is unable to sell such goods, he may dispose of them in any lawful manner, and shall incur no liability by reason thereof. Sale of hazardous or perishable property. The proceeds of any sale made under the terms of this section shall be disposed of in the same way as the proceeds of sales made under the terms of the preceding section. Section 37. Other methods of enforcing liens.The remedy for enforcing a lien herein provided does not preclude any other remedies allowed by law for the enforcement of a lien against personal property nor bar the right to recover so much of the warehouseman's claim as shall not be paid by the proceeds of the sale of the property. Section 38. Effect of sale.After goods have been lawfully sold to satisfy a warehouseman's lien, or have been lawfully sold or disposed of because of their perishable or hazardous nature, the warehouseman shall not thereafter be liable for failure to deliver the goods to the depositor, or owner of the goods, or to a holder of the receipt given for the goods when they were deposited, even if such receipt be negotiable. Non-liability. Chapter V.Negotiation and transfer of receipts. Section 39. Negotiation of negotiable receipts by delivery.A negotiable receipt may be negotiated by delivery: Negotiation by indorsement.

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(a) Where, by the terms of the receipt, the warehouseman undertakes to deliver the goods to the bearer, or (b) Where, by the terms of the receipt, the warehouseman undertakes to deliver the goods to the order of a specified person, and such person or a subsequent indorsee of the receipt has indorsed it in blank or to bearer. (c) Where, by the terms of a negotiable receipt has been indorsed in blank or to bearer, any holder may indorse the same to himself or to any other specified person, and in such case the receipt shall thereafter be negotiated only by the indorsement of such indorsee. Section 40. Negotiation of negotiable receipts by indorsement.A negotiable receipt may be negotiated by the indorsement of the person to whose order the goods are, by the terms of the receipt, deliverable. Such indorsement may be in blank, to bearer or to a specified person. If indorsed to a specified person, it may be again negotiated by the indorsement of such person in blank, to bearer or to another specified person. Subsequent negotiation may be made in like manner. Section 41. Transfer of receipts.A receipt which is not in such form that it can be negotiated by delivery may be transferred by the holder by delivery to a purchaser or donee. Transfers. A non-negotiable receipt cannot be negotiated, and the indorsement of such a receipt gives the transferee no additional right. Section 42. Who may negotiate a receipt.A negotiable receipt may be negotiated by any person in possession of the same, however such possession may have been acquired if, by the terms of the receipt, the warehouseman undertakes to deliver the goods to the order of such person, or if at the time of negotiation the receipt is in such form that it may be negotiated by delivery. Authority to negotiate.

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Section 43. Rights of person to whom a receipt has been negotiated.A person to whom a negotiable receipt has been duly negotiated acquires thereby: (a) Such title to the goods as the person negotiating the receipt to him had or had ability to convey to a purchaser in good faith for value, and also such title to the goods as the depositor or person to whose order the goods were to be delivered by the terms of the receipt had or had ability to convey to a purchaser in good faith for value, and Title acquired. (b) The direct obligation of the warehouseman to hold possession of the goods for him according to the terms of the receipt as fully as if the warehouseman had contracted directly with him. Section 44. Rights of person to whom a receipt has been transferred.A person to whom a receipt has been transferred but not negotiated, acquires thereby, as against the transferor, the title of the goods, subject to the terms of any agreement with the transferor. Transfers of receipts. If the receipt is non-negotiable such person also acquires the right to notify the warehouseman of the transfer to him of such receipt, and thereby to acquire the direct obligation of the warehouseman to hold possession of the goods for him according to the terms of the receipt. Prior to the notification of the warehouseman by the transferor or transferee of a non-negotiable receipt, the title of the transferee to the goods and the right to acquire the obligation of the warehouseman may be defeated by the levy of an attachment or execution upon the goods by a creditor of the transferor, or by a notification to a warehouseman by the transferor or a subsequent purchaser from the transferor of a subsequent sale of the goods by the transferor.

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Section 45. Transfer of negotiable receipt without indorsement.Where a negotiable receipt is transferred for value by delivery, and the indorsement of the transferor is essential for negotiation, the transferee acquires a right against the transferor to compel him to indorse the receipt, unless a contrary intention appears. The negotiation shall take effect as of the time when the indorsement is actually made. Transfer without indorsement. Section 46. Warranties on sale of receipt.A person who for value negotiates or transfers a receipt by indorsement or delivery, including one who assigns for value a claim secured by a receipt, unless a contrary intention appears, warrants: Extent of warranty. (a) That the receipt is genuine, (b) That he has a legal right to negotiate or transfer it, (c) That he has knowledge of no fact which would impair the validity or worth of the receipt, and (d) That he has a right to transfer the title to the goods, and that the goods are merchantable or fit for a particular purpose whenever such warranties would have been implied, if the contract of the parties had been to transfer without a receipt the goods represented thereby. Section 47. Indorser not a guarantor.The indorsement of a receipt shall not make the indorser liable for any failure on the part of the warehouseman or previous indorsers of the receipt to fulfill their respective obligations. No guaranty. Section 48. No warranty implied from accepting payment of a debt.A mortgagee, pledgee or holder for security of a receipt who in good faith demands or receives payment of the debt for which such receipt is security, whether from a party to a draft drawn for such debt or from any other person, shall not by so doing be

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deemed to represent or to warrant the genuineness of such receipt or the quantity or quality of the goods therein described. No implied warranty. Section 49. When negotiation not impaired by fraud, mistake, or duress.The validity of the negotiation of a receipt is not impaired by the fact that such negotiation was a breach of duty on the part of the person making the negotiation, or by the fact that the owner of the receipt was deprived of the possession of the same, by loss, theft, fraud, accident, mistake, duress, or conversion, if the person to whom the receipt was negotiated, or the person to whom the receipt was subsequently negotiated, paid value, therefor, in good faith, without notice of the breach of duty, or loss, theft, fraud, accident, mistake, duress, or conversion. Fraud, mistake, duress. Section 50. Subsequent negotiation.Where a person having sold, mortgaged, or pledged goods which are in a warehouse and for which a negotiable receipt has been issued, or having sold, mortgaged, or pledged the negotiable receipt representing such goods, continues in possession of the negotiable receipt, the subsequent negotiation thereof by that person under any sale, or other disposition thereof to any person receiving the same in good faith, for value and without notice of the previous sale, mortgage or pledge, shall have the same effect as if the first purchaser of the goods or receipt had expressly authorized the subsequent negotiation. Later negotiation. Section 51. Negotiation defeats vendor's lien.Where a negotiable receipt has been issued for goods, no seller's lien or right of stoppage in transitu shall defeat the rights of any purchaser for value in good faith to whom such receipt has been negotiated, whether such negotiation be prior or subsequent to the notification to the warehouseman who issued such receipt of the seller's claim to a lien or right of stoppage in transitu. Nor shall the

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warehouseman be obliged to deliver or justified in delivering the goods to an unpaid seller unless the receipt is first surrendered for cancellation. Defeat of lien. Chapter VI.Criminal offenses. Section 52. Issue of receipt for goods not received.A warehouseman, or any officer, agent, or servant of a warehouseman, who issues or aids in issuing a receipt knowing that the goods for which such receipt is issued have not been actually received by such warehouseman, or are not under his actual control at the time of issuing such receipt, shall be guilty of a felony, and upon conviction shall be punished for each offense by imprisonment for not less than one year and not exceeding five years, or by a fine not exceeding five thousand dollars, or by both. Crimes and punishments. Section 53. Issue of receipt containing false statement.A warehouseman, or any officer, agent or servant of a warehouseman, who fraudulently issues or aids in fraudulently issuing a receipt for goods knowing that it contains any false statement, shall be guilty of a crime, and upon conviction shall be punished for each offense as for a misdemeanor. Section 54. Issue of duplicate receipts not so marked. A warehouseman, or any officer, agent, or servant of a warehouseman, who issues or aids in issuing a duplicate or additional negotiable receipt for goods knowing that a former negotiable receipt for the same goods or any part of them is outstanding and uncancelled, without plainly placing upon the face thereof the word Duplicate except in the case of a lost or destroyed receipt after proceedings as provided for in section 16, shall be guilty of a felony, and upon conviction shall be punished for each offense by imprisonment for not less than one year and not exceeding five years, or by a fine not exceeding five thousand dollars, or by both.

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Section 55. Issue for warehouseman's goods of receipts which do not state that fact.Where there are deposited with or held by a warehouseman goods of which he is owner, either solely or jointly or in common with others, such warehouseman, or any of his officers, agents, or servants who, knowing this ownership, issues or aids in issuing a negotiable receipt for such goods which does not state such ownership, shall be guilty of a crime, and upon conviction shall be punished for such offense as for a misdemeanor. Section 56. Delivery of goods without obtaining negotiable receipt.A warehouseman, or any officer, agent, or servant of a warehouseman who delivers goods out of the possession of such warehouseman, knowing that a negotiable receipt the negotiation of which would transfer the right to the possession of such goods is outstanding and uncancelled, without obtaining the possession of such receipt at or before the time of such delivery, shall, except in the cases provided for in sections 16 and 38 be found guilty of crime, and upon conviction shall be punished for each offense as for a misdemeanor. Section 57. Negotiation of receipt for mortgaged goods.Any person who deposits goods to which he has no title, or upon which there is a lien or mortgage, and who takes for such goods a negotiable receipt which he afterwards negotiates for value with intent to deceive and without disclosing his want of title or the existence of the lien or mortgage shall be guilty of a crime, and upon conviction shall be punished for each offense as for a misdemeanor. Chapter VII.Interpretation. Section 58. Cases not provided for in Act.In any case not provided for in this Act, the rules of law and equity, including the law merchant, and in particular the rules relating to the law of principal and agent and to

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the effect of fraud, misrepresentation, duress or coercion, mistake, bankruptcy, or other invalidating cause, shall govern. Law as to cases not here covered. Chapter VIII.Bonded public warehousemen. Section 59. Who may become bonded public warehousemen. Any person engaged in the business of a warehouseman, or any corporation organized under the laws of this State whose charter authorizes it to engage in the business of a warehouseman, may become a bonded public warehouseman authorized to keep and maintain bonded public warehouses for the storage of goods (including products of naval stores) as herein prescribed, upon giving the bond hereinafter required. Persons qualified as bonded warehousemen. Section 60. Bond to be given; amount; sureties.Every person or corporation desiring to become a bonded public warehouseman, under the authority granted by the preceding section hereof, shall give bond in an amount based on the estimated value of the goods for which said warehouseman will provide storage. Said bond shall be made payable to the clerk of the Superior Court of the county wherein such bonded public warehouse is situated, and shall be conditioned for the faithful performance of the duties of the obligor as a bonded public warehouseman under the provisions of this Act. The surety or sureties upon said bond shall be some one or more of the guaranty, surety, fidelity insurance or fidelity and deposit companies which are described in sections 56-1104 to 56-1115, both inclusive, of the Code of Georgia of 1933, all of which sections are hereby made applicable to bonds given under this section in so far as they are pertinent. The clerk of the Superior Court shall fix the amount of the bond and approve the surety. Bond. Section 61. Liability of principal and surety on bond.Whenever such bonded public warehouseman shall fail to perform his duty as such, or shall violate any of the

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provisions of this law, any person injured by such failure or violation may bring appropriate action in a court of competent jurisdiction against the principal and sureties upon the bond of said warehouseman. Principal and surety. Section 62. Warehouseman's books open to inspection.Every such bonded public warehouseman shall keep a book in which shall be entered an account of all transactions relating to warehousing, storing, and delivering goods, as defined in this Act, and to the issuing of receipts therefor, which books shall be open to the inspection of any person actually interested in the property to which such entries relate. Inspection of books. Chapter IX.General. Section 63. Act does not apply to existing receipts.The provisions of this Act do not apply to receipts made and delivered prior to the taking effect of this Act. Nonapplication. Section 64. Effect of portion of Act held unconstitutional.If any chapter, section, paragraph, sentence, word or any other part of this Act shall be held unconstitutional it shall not effect the remainder hereof. Invalid parts. Section 65. Inconsistent statutes repealed.All laws or parts of laws in conflict with this Act are hereby repealed. Repeals. Section 66. Time when the Act takes effect.This Act shall take effect on the first day of July, Nineteen hundred thirty-eight (1938). Effective date. Section 67. Name of Act.This Act may be cited as the Uniform Warehouse Receipts Act. Citation. Approved February 16, 1938.

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ZONING LAWS IN COUNTIES. No. 133. An Act to authorize any county in this State having a population of not less than seventy thousand and not more than seventy-five thousand inhabitants, according to the 1930 Federal census, or that may have a population within said limits by any future Federal census, to pass, through the Board of County Commissioners of Roads and Revenues, or the ordinary or county Commissioner, as the case may be, having charge of the fiscal affairs of any such county or counties, zoning and planning laws, whereby such counties may be zoned or districted for various uses and other different uses provided therein, and regulating the use for which such zones or districts may be set apart; and regulating the plans for development and improvement of real estate therein; to provide for the publication of zoning and planning laws; and to provide for injunctive relief against the violation and further violation of any such law or laws; to provide a penalty for the violation of any such law or laws; provided, however, no zone or district may be created or established without the consent of fifty-one per cent. of the owners of property in said zone or district; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, as follows: Section 1. That from and after the passage of this Act, the Board of County Commissioners of Roads and Revenues, or the ordinary or county Commissioner, as the case may be, having charge of the fiscal affairs of any county or counties having a population of not less than seventy thousand and not more than seventy-five thousand inhabitants, according to the 1930 Federal census, or any county or counties having a population

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within said limits according to any future Federal census, are hereby authorized to pass zoning and planning laws hereby such county 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. Provided, however, no zone or district may be created or established without the consent of fifty-one per cent. of the owners of property in said zone or district. Population. Zoning districts. Section 2. That any law that shall be made by any such county authority, shall be spread upon the minutes of said board, or ordinary, or county Commissioner, and published for one time in the newspaper wherein is published the sheriff's legal advertisements for such county; and such law shall not become effective until the expiration of thirty days from the date of such advertisement. Record and publication. Section 3. That any individual who may be injured by a violation of any such law made by such county authorities, may apply for and secure injunctive relief against any person who is violating such law, without making the county a party thereto; but the county shall have the right to resort to equity to prevent the violation or further violation of any law promulgated by it. Injunctions. Section 4. That any person who shall wilfully violate any valid law promulgated by any such county, shall be guilty of a misdemeanor and be punished by a fine of not less than ten dollars nor in excess of one hundred dollars or imprisoned for not less than ten days nor more than thirty days, or both. Penalty for violation. Section 5. That if any portion of this Act should be declared invalid for any reason, the same shall not affect the other portions hereof. Invalid parts. Section 6. That all laws and parts of laws in conflict herewith are hereby repealed. Approved January 10, 1938.

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TITLE VII. EDUCATIONSCHOOLSUNIVERSITY SYSTEM. ACTS. Compensation to Board Members. Insurance of Teachers and Employees. Lula High-School District. Malt-Beverage Revenue to Schools. Publications to University Law School. Retirement Fund in Counties. Retirement Fund in Counties. COMPENSATION TO BOARD MEMBERS. No. 307. An Act to fix and provide for the compensation to be paid members of the Board of Education of certain counties in the State of Georgia, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, that from and after the passage of this Act the members of the Board of Education in all counties of this State having a population, according to the United States Census of 1930, of not less than 22,435 and not more than 22,445, shall be paid the sum of $5.00 each for every day's service rendered in the performance of their duties as members of the Board of Education of said county, same to be paid from county school funds; provided however that no member shall be paid more than $100.00 per annum. Population. Pay of $5 per diem. Section 2. Be it further enacted by the authority aforesaid and it is hereby enacted by authority of the same, that all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed. Approved February 7, 1938.

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INSURANCE OF TEACHERS AND EMPLOYEES. No. 231. An Act to authorize the boards of education of all counties in the State of Georgia, having a population of not less than 48,667, and not more than 48,677 as determined by the census of the United States of 1930, to insure the lives and health of all teachers and other employees of such boards of education, and authorizing such boards of education to pay the premiums to maintain such insurance; and for other purposes. Section 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 education of each county of the State of Georgia, having a population of not less than 48,667 and not more than 48,677 as determined by the census of the United States of 1930, is hereby authorized in its discretion to insure the lives and health of all teachers of the said county employed by said board of education, and of all other employees of the said board of education, such insurance to be for the benefit of any beneficiary designated by such insured person; and each such board of education is further authorized to provide appropriations for the payment of premiums on such policies. Population. Life insurance authorized. Section 2. Be it enacted by authority aforesaid, that all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved January 25, 1938. LULA HIGH-SCHOOL DISTRICT. No. 258. An Act to amend an Act designated as Lula School District Trustees, No. 325, approved August 19, 1919, and contained in Georgia Laws, 1919, pages 1400 to

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1405, inclusive, and an Act amending the said Act designated as Lula School District Territory No. 422 approved March 30, 1937, and contained in Georgia Laws, 1937, pages 1460 and 1461, by renaming the school district provided in the said Acts; providing that all obligations incurred by the school district provided for in the said Acts shall remain in full force and effect against the said school district as renamed herein; repealing conflicting Acts and for other purposes. Be it enacted by the General Assembly of the State of Georgia as follows: Section 1. An Act entitled Lula School District Trustees No. 325, approved August 19, 1919, contained in Georgia Laws, 1919, pages 1400 to 1405, inclusive, and an Act amending the said Act entitled Lula School District Territory No. 422 approved March 30, 1937, contained in Georgia Laws, 1937, pages 1460 and 1461, are hereby amended by striking from the said Acts the words Lula Public School District, Lula School District, or Public School District of Lula, and inserting in lieu of the said words, wherever they might appear in either of the said Acts, the words Lula High-School District. Acts of 1919 and 1937 amended. Change of name. Section 2. Any and all obligations heretofore or hereafter entered into by the said school district, in any one of the above mentioned names or in the name of Lula High-School District, shall be in full force and effect and shall be valid obligations of Lula High-School District. Obligations of force. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved January 26, 1938.

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MALT-BEVERAGE REVENUE TO SCHOOLS. No. 180. An Act to amend the malt-beverage Act of 1935 (Georgia Laws 1935, pages 73-81), and Acts amendatory thereof, providing for the licensing of the business of manufacturing and dealing in malt beverages and imposing excise taxes thereon, by providing that all revenue derived from the operation of said Act in excess of that required to purchase free textbooks shall be used for other school purposes; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. That Section 10 of the Act known as the malt-beverage Act approved March 23, 1935 (Georgia Laws 1935, pages 73-81), and all Acts amendatory thereof, be and the same is hereby amended by adding at the end of said section the following proviso to wit: Provided, however, that if after all free textbooks necessary to be purchased and furnished to the children attending the common schools of this State have been purchased and furnished there remains an excess or balance, such excess or balance may be used by the State Board of Education for other school purposes, so that said section when amended shall read as follows: Act of 1935 amended. Section 10. Be it further enacted by the authority aforesaid that funds derived from this Act shall be apportioned as follows: An amount not to exceed three per centum (3%) of the revenue annually shall be paid to the State Revenue Commission for enforcing this Act; the remainder shall be set apart and devoted for the support of the common schools of the State, and used for the purpose of furnishing free textbooks to the children attending common schools, and it is hereby declared such purpose to be for and in support of common

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schools, provided, however, that if after all free textbooks necessary to be purchased and furnished to the children attending the common schools of this State have been purchased and furnished there remains an excess or balance, such excess or balance may be used by the State Board of Education for other school purposes. Funds apportioned. Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. Approved January 17, 1938. PUBLICATIONS TO UNIVERSITY LAW SCHOOL. No. 335. An Act authorizing and directing the State Librarian of the State of Georgia to deliver to the library of the University of Georgia School of Law certain public documents and providing for the use of this material. 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 State Librarian shall deliver to the library of the School of Law of the University of Georgia the following public documents as soon as convenient after they are printed from time to time: fifty copies of the Acts of the General Assembly, fifty copies of the journal of the House of Representatives and fifty copies of the journal of the Senate, fifty copies of the proceedings of any constitutional convention, twenty-five copies of the Reports of the Supreme Court of Georgia, and twenty-five copies of the Reports of the Court of Appeals of Georgia, and five copies of the official reports of the departments, bureaus and governmental

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agencies of the State. This section shall be construed as embracing only those public documents that will be printed from time to time after the passage of this Act. Books hereafter printed to be delivered. Section 2. That the library of the University of Georgia School of Law is hereby authorized to exchange the publications enumerated in section 1 of this Act for other publications useful to students of law and to public officials, and shall catalogue and arrange such material so as to make it serviceable. Exchanges. Section 3. That all laws and all parts of laws in conflict herewith, be and the same are hereby repealed. Approved February 9, 1938. RETIREMENT FUND IN COUNTIES. No. 336. An Act to authorize the board of education of counties having a population of not less than 48,666 and not more than 48,668 according to the census of the United States for 1930 or any future census, 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. Section 1. In any county of this State which has a population of not less than 48,666, and not more than 48,668 according to the census of the United States for 1930 or any future census, the board of education of such county is hereby authorized to create a retirement

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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 of education, 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. Population. Administration of fund. Section 2. Such retirement fund shall be created by contributions by teachers and other employees of the county board of education and by appropriations made by the county board of education as follows: Contributions to create fund. (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 said fund 2% of his or her 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 teachers and employees such amounts being part of the compensation payable to such teachers and employees for their services to the county school system. During said period of 10 years the county board of education may contribute to such fund sums in addition to that herein specified as additional compensation as it may desire to appropriate. Payment 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 actual basis the requirements for the proper future administration of such fund, and if such proper administration thereof

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require an increase of the contributions to be made by the teachers and employees, then the commission shall fix such larger percentage of contribution by said teachers and employees as in its judgment may be necessary; not, however, to exceed a total contribution of 3% of the monthly compensation of such teachers and 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 teachers and employees of the system. Determination after 10 years. Larger contribution. Section 3. The said commission shall have the power to adopt rules and regulations under which teachers and 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 teachers and employees shall be eligible for retirement at the option of the board of education, between the ages of 58 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 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 in no event more than fifty ($50.00) dollars per month; and provided, further, that such rules shall provide that if any such teacher or employee voluntarily, or involuntarily, severs his or her connection with said county school system at a time prior to his or her becoming entitled to retirement pay

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under the rules adopted by the commission, he or she shall be entitled to be refunded not less than the amount of all contributions made by him or her to such fund, and that upon the death of any such teacher or employee before he or she became entitled to such retirement pay, his or her personal representative shall become entitled to a refund of a similar amount. Rules and regulations. Eligibility. Limitations. 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 teachers and employees of the system in any manner not inconsistent with the provisions of this Act, and the first member 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 ($16.00) dollars per annum. The commission shall have authority to employ such clerical and other assistants as may be necessary for the proper administration of said fund. Election of members. Terms. Officers. Pay. 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

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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. Persons to whom Act is applicable. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 7, 1938. RETIREMENT FUND IN COUNTIES. No. 353. An Act authorizing the Board of Education of any county having a population of not more than 26,559 and not less than 26,557 according to the 1930 census, and authorizing the Board of Education of any city or municipality having a population of not more than 15,511 and not less than 15,509 according to the 1930 census of the United States; to create and establish a retirement fund for teachers and employees of county and city school systems; for the creation of a Commission to administer such fund; to provide for the raising of such fund; to provide for terms and requirements and rules and regulations respecting retirement funds, 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. From and after the passage of this Act and because it is to the best interests of the schools of this State that well trained teachers and other school employees be kept and maintained, and is necessary in so doing to have some adequate system relating to their compensation and retirement at certain times, all counties in this State having a population of not more than 26,559 and not less than 26,557 according to the 1930 census and all cities and municipalities having a population of not more than 15,511 and not less than 15,509 according to the 1930 census of the United States, are hereby authorized through their Boards of Education, to inaugurate, establish, and create a retirement fund for the benefit of teachers and other school employees engaged in the maintenance and operation of public schools, from funds available for school purposes. Population. Section 2. The Boards of Education of counties and cities and municipalities coming under the terms of this Act are authorized to create a Commission to adminster such fund, or to set the same aside in such manner as they deem best for the purposes of this Act. Commission. Section 3. The Boards of Education of all counties, cities and municipalities coming under the terms of this Act are authorized to provide for the raising of such fund on such terms and conditions as they may prescribe, wholly or in part from deductions to be made in salaries paid, or wholly or in part from general school funds, and to prescribe rules, requirements and regulations governing and controlling the same. Fund, how raised. Section 4. It is the purpose of this Act to make the provisions hereof applicable in all counties, cities and municipalities coming under the terms of the Act to all the teachers, principals, superintendents and members

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of the administrative force of any county or city school system and to such other employees of any school system as may be included by any county or city Board of Education coming under the terms of this Act. Application of this Act. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 12, 1938.

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TITLE VIII. HIGHWAYS OF THE STATE. ACTS. All Public Roads Added. Appling County Addition. Atkinson, Berrien, Lanier, and Colquitt Counties. Atkinson, Charlton, Clinch, Echols, Lanier, and Lowndes Counties. Baldwin, Wilkinson, and Bleckley Counties. Baldwin, Wilkinson, and Twiggs Counties. Banks and Franklin Counties. Banks and Hall Counties. Banks County Addition. Barrow and Gwinnett Counties. Barrow and Jackson Counties. Barrow and Walton Counties. Brantley County Addition. Brooks and Thomas CountiesQuitman-Monticello Road. Bulloch and Bryan Counties. Catoosa and Walker Counties. Chatham County Addition. Chattooga and Dade Counties. Chattooga and Dade CountiesEmanuel County Addition. Clayton County Addition. Clinch and Echols CountiesHomerville-Statenville Road. Clinch, Ware, and Lanier Counties. Cobb and Cherokee Counties. Cobb, Paulding, and Haralson Counties. Coffee and Ware CountiesBelle-Lake Highway. Coffee County Addition. Coweta and Carroll Counties. Coweta County Addition. Dade and Walker Counties. Debt CertificateAmending Act. Decatur and Seminole Counties. DeKalb County Addition. DeKalb CountyBrockett Road. DeKalb CountyMemorial Drive. Dodge County Additions. Dooly CountyByromville-Unadilla Road. Early and Baker Counties. Early County Addition. Elbert County Addition. Floyd and Bartow Counties. Floyd and Bartow Counties. Floyd and Gordon Counties. Floyd County Addition. Franklin County Addition. Franklin County Addition. Franklin County Addition.

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Franklin County Addition. Franklin County Addition. Franklin County Addition. Franklin County Addition. Franklin County Addition. Franklin County Addition. Franklin County Addition. Franklin County Addition. Franklin County Addition. Full-Time ServiceCompensation. Fulton CountyAbandonment of Part. Fulton County Additions. Fulton CountyHapeville Road. Fulton, Fayette, and Spalding Counties Funds Available for Stated Uses. Gilmer, Fannin, and Union Counties. Glascock and McDuffie Counties. Glynn County Addition. Gwinnett and Barrow Counties. Gwinnett County Additions. Habersham and Rabun Counties. Hall and Forsyth Counties. Hancock County Addition. Harris, Meriwether, Talbot, Upson, and Pike Scenic Highway. Heard County Additions. Highway PatrolJurisdiction on Violations. Houston County Addition. Jasper, Newton, and Butts Counties. Jefferson and Burke Counties. Jefferson County Addition. Jefferson County Addition. Johnson and Emanuel Counties. Jones County Addition. Lee and Sumter Counties. Liberty and McIntosh Counties. Lincoln and Columbia Counties. Lincoln County Addition. Madison and Franklin Counties. Madison and Oglethorpe Counties. Marion and Taylor Counties. McDuffie and Columbia Counties. McDuffie County Additions. Meriwether and Talbot Counties. Miller and Seminole Counties. Mitchell and Baker Counties. Montgomery County Addition. Montgomery County Addition. Morgan and Jasper Counties. Morgan County Addition. Newton County Addition. Oconee and Morgan Counties. Oglethorpe County Addition. Pierce County Addition. Putnam and Jasper Addition. Putnam and Morgan Counties. Rabun County Additions.

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Reciptocal Agreements with other States. Richmond and Burke Counties. Richmond County Addition. Richmond County Addition. Richmond County Addition. Richmond County Addition. Stephens County Addition. Sumter County Addition. Talbot and Chattahoochee Counties. Taylor and Macon CountiesButler-Ideal Road. Toombs County Addition. Towns County Addition. Towns County Addition. Twiggs and Wilkinson Counties. Walker County Grand Central Road. Washington and Baldwin Counties. Webster and Randolph Counties. Wheeler and Telfair Counties. White and Habersham Counties. Whitfield County Additions. Wilcox and Dooly CountiesAbbeville and Vienna Road. Wilcox County Addition. Wilcox County Additions. Worth and Colquitt Counties. ALL PUBLIC ROADS ADDED. No. 363. 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 all public roads in the State of Georgia including those roads in the State Post-Road System; 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 are formally designated as State Aid Roads by the State Highway Board of Georgia by appropriate action; 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 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 all public roads in the State including those roads in the State Post Road System. Act of 1929 amended. Roads included. 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 High-way Department of Georgia shall be responsible for any maintenance of said roads nor shall the addition of said roads to said map entitle the counties or counties' authorities in which said roads are located or receive a pro rata part of the 1c gasoline tax allocated to said 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 Board of Georgia by appropriate action as now provided by law and a map, showing said roads 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 roads described in section 1 of this Act as State Aid roads. State-aid roads. 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 February 12, 1938.

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APPLING COUNTY ADDITION. No. 158. 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 Baxley, in Appling County, Georgia, to Lightsey's Bridge on Pierce County, Georgia line and leaving and starting in Baxley at U. S. Highway Number One at the Baxley Methodist Church, and running the old Baxley and Blackshear public road southeast by the Southern Industrial Orphan's Home with the right to the engineer or engineers who may survey same to shorten same at expedient or essential points, and to relocate same in all or part as his discretion may determine the wisdom of same, and said highway to be so run that it shall run to Lightsey's Bridge on Pierce County line and in traversing the route from Baxley to Lightsey's Bridge, and to add additional State-aid mileage in and for Appling County, and for other purposes: Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same that on and after the passage of this Act the State Highway mileage be and the same is hereby increased by adding thereto the road beginning at and in the City of Baxley, Georgia, in the County of Appling on U. S. Highway Number One and at the Methodist Church on the old Baxley and Blackshear road and traversing the said Baxley and Blackshear public road in and through Appling County to Lightsey's Bridge in and on Pierce County line and that same shall be so run as to pass through Appling County, Georgia, to Lightsey's Bridge on Pierce County, Georgia line, and the authority is hereby given the engineer or engineers that shall survey said road to relocate same in whole or part, and changing the bed or location of the road in event that in the wisdom of the

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engineer or engineers may dictate same be shortened to reach its objective from Baxley, Georgia to Lightsey's Bridge on Pierce County line. Mileage designated. Section 2. Be it further enacted by the authority aforesaid, that the map showing the highway mileage as referred to on pages 268 and 269 of the Acts of 1929, be and the same is hereby so amended that same shall run said road from Baxley, Georgia, to Lightsey's Bridge on Pierce County line in way and manner herein designated. Act of 1929 amended. Section 3. That said bill herein shall not have the effect of certifying said proposed road into the State System of State Aid Roads, until same shall be so certified by the State Highway Board of Georgia, as provided by the Act of 1929 aforesaid referred to herein. Certificate. Section 4. Be it further enacted by the authority aforesaid, that all laws in conflict with this Act be and the same are hereby repealed. Approved January 13, 1938. ATKINSON, BERRIEN, LANIER, AND COLQUITT COUNTIES. No. 163. An Act to amend an Act approved August 20, 1929 (Acts 1929, pages 260-268, inclusive) designating highway mileage by adding thereto a road described as follows: Commencing in the Town of Willacoochee on State Route No. 50 in Atkinson County and running thence in a southwesterly direction to the present bridge over the Alapaha River, and thence southward through the Counties of Berrien and Lanier by way of the City of Lakeland and continuing southward, terminating at and intersecting with State Route No. 94 between the

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Cities of Valdosta and Statenville, and a road in Colquitt County, Ga., beginning at the eastern end of First Ave. S. E. in said city, and running thence easterly to the Okapilco Creek; thence east and southeasterly, along the right of way already conveyed by deeds recorded in Colquitt County, to the Moultrie-Quitman Highway, said road being about 1 or two miles long. Said road shall be subject to all the terms and conditions of this Act, as to its being an absolutely permissive addition to said Highway System, at the discretion of the Highway Department of Georgia, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act there shall be added to the State Highway Mileage the following described road to wit: Commencing in the Town of Willacoochee on State Route No. 50 in Atkinson County and running thence in a southwesterly direction to the present bridge over the Alapaha River, and thence southward through the counties of Berrien and Lanier by way of the City of Lakeland, and continuing southward, terminating at and intersecting with State Route No. 94 between the cities of Valdosta and Statenville. Road described. Section 2. Be it further enacted by the authority aforesaid that the map of the state-aid highways 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. 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 Georgia until so certified by the State Highway Board of Georgia as provided in said Act of 1929, known as the Neill-Traylor Act. Certificate.

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Section 4. (a) There is also added to said Neill-Traylor map a road in Colquitt County, Ga., beginning at the eastern city limits of the City of Moultrie, at the eastern end of First Ave., S. E. in said city, and running thence easterly to the Okapilco Creek; thence east and southeasterly, along the right of way already conveyed by deeds recorded in Colquitt County, to the Moultrie-Quitman Highway, said road being about 1 or two miles long. Further road described. (b) Said road shall be subject to all the terms and conditions of this Act, as to its being an absolutely permissive addition to said Highway System, at the discretion of the Highway Department of Georgia. 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 January 13, 1938. ATKINSON, CHARLTON, CLINCH, ECHOLS, LANIER AND LOWNDES COUNTIES. No. 143. An Act to amend an Act approved August 20, 1929 (Acts 1929, pages 260-268, inclusive) designating highway mileage by adding thereto the roads described as follows: Commencing at the point of intersection of the Lakeland-Willacoochee Road and the Nashville-Willacoochee Road and thence running in a northwesterly direction to Alapaha in Berrien County; and, Commencing at the point on the Thomasville-Homerville Road where said road leaves the property of H. W. Corbett and thence continuing in a southeasterly direction a distance of approximately two (2) miles to

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a point on the Pearson-Valdosta Road known as State Route No. 31, said point being known as the Simpson Still Quarters, in Lanier County; and, Roads described. Commencing at the intersection of the Thomasville-Homerville Road and the Ray City-Valdosta Road at Barretts, Georgia, and thence running in a southeasterly direction to the intersection of the Lakeland-Statenville Road on the west side of the Alapha River in Lanier and Lowndes Counties; and, Commencing at the intersection of State Routes Numbers 38 and 11 in the town of Stockton, Georgia and thence continuing in a southeasterly direction to Fargo, Georgia; and, Commencing at Moniac on State Route Number 94 and proceeding in a southerly direction to a point known as Smith's Bridge on the St. Marys River, and intersecting with the Florida State Line, said road located in Charlton 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 roads, to wit: Commencing at the point of intersection of the Lakeland-Willacoochee Road and the Nashville-Willacoochee Road and thence running in a northwesterly direction to Alapaha in Berrien County; and, Commencing at the point on the Thomasville-Homerville Road where said road leaves the property of H. W. Corbett and thence continuing in a southeasterly direction a distance of approximately two (2) miles to a point on the Pearson-Valdosta Road known as State Route No. 31, said point being known as the Simpson Still Quarters, in Lanier County; and,

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Commencing at the intersection of the Thomasville-Homerville Road and the Ray City-Valdosta Road at Barretts, Georgia, and thence running in a southeasterly direction to the intersection of the Lakeland-Statenville Road on the west side of the Alapha River in Lanier and Lowndes Counties; and, Commencing at the intersection of State Routes Number 38 and 11 in the town of Stockton, Georgia, and thence continuing in a southeasterly direction to Fargo, Georgia; and, Commencing at Moniac on State Route Number 94 and proceeding in a southerly direction to a point known as Smith's Bridge on the St. Marys River, and intersecting with the Florida State Line, said road located in Charlton County. Section 2. Be it further enacted by the authority afore-said that the map of the State-Aid Highways between pages 268-269 of the Georgia Laws of 1929 be and the same is hereby amended so as to show on said map the roads described in section 1 of this 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 roads 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 Neill-Traylor Act. That the said State Highway Board be, and it is hereby authorized to certify said roads and any part thereof into the System of State-Aid Roads at such times as in its discretion it deems proper. Certificate. 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 January 13, 1938.

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BALDWIN, WILKINSON, AND BLECKLEY COUNTIES. No. 273. 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 designated in said Act of 1929 as the Traylor-Neill map, so as to add to said map a certain road beginning in the City of Milledgeville in Baldwin County and running in a general southerly and southwesterly direction through Toomsboro, in Wilkinson County, thence through Allentown, in Wilkinson County thence through Cochran, in Bleckley County, a distance of approximately 65 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 beginning in the City of Milledgeville in Baldwin County and running in a general southerly and southwesterly direction through Toomsboro, in Wilkinson County, thence

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through Allentown, in Wilkinson County, thence through Cochran, in Bleckley County, a distance of approximately 65 miles. Act of 1929 amended. Road designated. 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. No 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 in the City of Milledgeville in Baldwin County and running in a general southerly and southwesterly direction through Toomsboro, in Wilkinson County, thence through Allentown, in Wilkinson County, thence through Cochran, in Bleckley County, a distance of approximately 65 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 February 2, 1938.

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BALDWIN, WILKINSON, AND TWIGGS COUNTIES. No. 272. 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 designated in the said Act of 1929, as the Traylor-Neill map, so as to add to said map a certain road beginning at a point about 5 miles south of the City of Milledgeville in Baldwin County at what is commonly known as Scottsboro, Georgia, and running thence in a general southwesterly direction through the City of Gordon, in Wilkinson County, thence by way of Asbury Church in Wilkinson County, to the City of Jeffersonville, in Twiggs County, a distance of approximately 33 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 beginning at a point about 5 miles south of the City of Milledgeville in Baldwin County at what is commonly

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known as Scottsboro, Georgia, and running thence in a general southwesterly direction through the City of Gordon, in Wilkinson County, thence by way of Asbury Church, in Wilkinson County, to the City of Jeffersonville, in Twiggs County, a distance of approximately 33 miles. Act of 1929 amended. Road designated. 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. No 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 about 5 miles south of the City of Milledgeville in Baldwin County at what is commonly known as Scottsboro, Georgia, and running thence in a general south-westerly direction through the City of Gordon, in Wilkinson County, thence by way of Asbury Church, in Wilkinson County, to the City of Jeffersonville, in Twiggs County, a distance of approximately 33 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.

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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 February 2, 1938. BANKS AND FRANKLIN COUNTIES. No. 263. 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 in Franklin and Banks Counties, 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 a point in Franklin County on the road running south from Sunshine Church by the homes of Oll and Will Martin; and then traversing the road in a western direction by the home of Elmer Whitfield, James Martin, Rufus Moss, Tom Wilkinson, and others; intersecting with Route No. 15 near Jim Maxfield, a distance of approximately fifteen (15) miles, the road being partly in Franklin but mainly in Banks. Road designated. 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. Map. Section 3. Be it further enacted, that this bill shall be permissive only and the State Highway Board may certify this added mileage or any portion of the same as is provided in said Act of 1929. Approved February 2, 1938.

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BANKS AND HALL COUNTIES. No. 195. 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, certain roads located in Banks 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 Gillsville in Banks County, and running thence by way of the Fletch Chandler place, thence by way of the Felix House place, thence by way of the Jeff Davis place, thence by way of the E. M. Coffee place, and thence along the county line road to the town of Lula, in Hall County, and along Highway Number 13, in the town of Lula, leaving said Highway Number 13 at the Eli Miller Fork, thence by way of Mrs. V. D. Harris' place, thence by way of the Savage Gin, thence by way of Bethlehem Church, thence by way of Lula Bridge, thence by Joe Pittman's place, thence by Clement Chappell's place, thence by Rogers Store, thence by Holly Springs Church, thence by Wiley Grier's place, to the town of Clermont, all of said roads being a distance of approximately ten and seven-tenths miles, subject to the will of the highway board, is hereby placed on the State Aid Road System, provided in an Act entitled Highway Mileage Number 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. Road described. State-aid road. Act of 1929. 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.

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Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved January 17, 1938. BANKS COUNTY ADDITION. No. 186. 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 Highway No. 15, about four (4) miles south of Homer, in Banks County, Georgia, at Bob Sanders' place, and running thence by the farms of L. L. Hill, Wilton Jolly, Gracen Fleming, L. B. Myers, and others a distance of approximately three and one-half miles to intersect with State Route No.59 at Davis' Academy, about six miles from Commerce, Georgia, and being approximately three and one-half miles in Banks 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

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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 Highway No. 15, about four (4) miles south of Homer, in Banks County, Georgia, at Bob Sanders' place, and running thence by the farms of L.L. Hill, Wilton Jolly, Gracen Fleming, L. B. Myers, and others a distance of approximately three and one-half miles to intersect with State Route No. 59 at Davis' Academy, about six miles from Commerce, Georgia, and being approximately three and one-half miles in Banks County, Georgia. Act of 1929 amended. Road designated. 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 with the Secretary of State as now provided by law. No 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 Highway No. 15 four miles south of Homer, Georgia, in Banks County, at Bob Sanders' farm, and running thence to intersect State Highway No. 59 at Davis' Academy, as aforesaid, as a State aid road and

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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 January 17, 1938. BARROW AND GWINNETT COUNTIES. No. 187. 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 Auburn-Flowery Branch Public Road which begins at Auburn in Barrow County, Georgia, and runs from Auburn to Mount Moriah Church in Gwinnett County, Georgia, on the Braselton-Lawrenceville Road known as State Aid Road No. 124; 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

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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 Auburn in Barrow County, Georgia, and running from Auburn in said county to Mount Moriah Church in Gwinnett County, Georgia, on the Braselton-Lawrenceville Road known as State Aid Route No. 124. 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 be 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 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. No obligation. State-aid road. 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 Auburn in Barrow County, Georgia, and State Aid Road No. 124 at Mount Moriah Church in Gwinnett County, Georgia, on the Braselton-Lawrenceville 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 (500) hundred additional miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill. Purpose. Section 4. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved January 17, 1938.

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BARROW AND JACKSON COUNTIES. No. 318. 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 Barrow and Jackson Counties, Georgia, which leaves the State Route No. 8 at the J. I. Burson home on Broad Street in the Town of Statham, Georgia, known as the Statham-Jefferson Road, leading from the said point at the Burson home in Statham, Georgia, by way of the Jim Jones place, thence by the Mrs. J. J. Booth home place, thence by the double bridges on the Oconee and Mulberry Rivers, thence by the Ethridge home place, thence to a point on State Route No. 15, approximately three miles northeast of Jefferson, Georgia, to a point of what is known as the Ramblers Inn, being a distance of approximately twelve miles; to provide that the addition of 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

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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 Barrow and Jackson Counties, Georgia, which leaves State Route No. 8 at Statham, Georgia, leading in a southeasterly direction to a point on State Route No. 15, approximately three miles northeast of Jefferson, Georgia, to a point of what is known as the Ramblers Inn, by way of the Jim Jones place, the Mrs. J. J. Booth home place, the double bridges on the Oconee and Mulberry Rivers, the Ethridge home place, being a distance of approximately twelve miles. Act of 1929 amended. Road designated. 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, be filed with the Secretary of State as now provided by law. No obligation. State-aid road. 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. 8 at Statham, Georgia, leading in a southeasterly direction to a point on State Route No. 15, approximately three miles northeast of Jefferson, Georgia, to a point of what is known as the Ramblers Inn, by way of the Jim Jones place, the Mrs.

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J. J. Booth home place, the double bridges on the Oconee and Mulberry Rivers, the Ethridge home place, being a distance of approximately twelve 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. Purpose. 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 February 7, 1938. BARROW AND WALTON COUNTIES. No. 188. 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 Barrow and Walton Counties, Georgia, which leaves the State Route No. 8 and United States Route No. 29 at Broad Street in the City of Winder, Georgia, known as the Reeves Mill Road, leading from said point by Reeves Mill to Loganville, Georgia, in Walton County, being a distance of approximately fifteen 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:

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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 Barrow and Walton Counties, Georgia, which leaves State Route No. 8 and U. S. Route No. 29 at Winder, Georgia, leading in a southwesterly direction to Loganville, Georgia, by way of Reeves Mill in Barrow County, Georgia, and entering Route No. 10 at Loganville, Georgia, being a distance of approximately fifteen miles. Act of 1929 amended. Road designated. 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, be filed with the Secretary of State as now provided by law. No obligation. State-aid road. 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. 8 and United States Route No. 29 at Broad Street in Winder, Barrow County, Georgia, between Winder and Loganville, Walton County, Georgia,

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in a southwesterly direction to Loganville, Georgia, entering State Route No. 10 at Loganville, Georgia, being approximately fifteen 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. Purpose. 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 January 17, 1938. BRANTLEY COUNTY ADDITION. No. 182. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268 and including the map opposite page 268 of said Acts of 1929, said Act hereby amended being known as the Traylor-Neill Bill, and map aforesaid being designated in said Acts of 1929 as the Traylor-Neill map, so as to add to said map a road from Hoboken on State Route No. 50, running south approximately twelve (12) miles, intersecting State Route No. 4, at or near Racepond, on the Waycross Folkston Highway; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by 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

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beginning at Hoboken, Brantley County, on State Route No. 50, and running South twelve (12) miles to a point on State Route No. 4, at or near Racepond. Act of 1929 amended. Road designated. 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 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. No obligation. State-aid road. 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 Hoboken on State Route No. 50, and running twelve (12) miles south in Brantley County to a point on State Route No. 4, at or near Racepond, 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. Purpose. Section 4. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved January 17, 1938.

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BROOKS AND THOMAS COUNTIES. QUITMAN-MONTICELLO ROAD. No. 275. 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 known as the Quitman-Monticello public road, starting at a point on the Quitman and Thomasville Highway in lot of land number 595 in the 12th land district of Brooks County, Georgia, and running thence southwesterly through the Elam and Grooverville Districts of said county, and through lot number 65 in the 14th district of said county, and continuing on into Thomas County in a southwesterly direction through the Glasgow District to the southern edge of lot 133 in the 14th land district of Thomas County, which is the dividing line between Georgia and Florida, said road to be approximately 25 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 Commission until said road is formally designated as a State Aid road by the State Highway Commission 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 that certain Act of the Georgia Legislature, known as the Traylor-Neill Bill, together with the map thereto, as same appears in the Acts of the General Assembly of Georgia, of 1929, pages 260 to 268,

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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 Quitman-Monticello public road, starting at a point on the Quitman and Thomasville Highway in lot of land No. 595 in the 12th land district of Brooks County, Georgia, and running thence southwesterly through the Elam and Grooverville Districts of Brooks County, Georgia, and running through lot number 65 in the 14th district of said county, and continuing on into Thomas County in a southwesterly direction through the Glasgow District to the southern edge of lot 133 in the 14th land district of Thomas County, which is the dividing line between Georgia and Florida, said road to be approximately 25 miles in length. Act of 1929 amended. Road described. 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 expressed or implied, that the State of Georgia and the Highway Commission 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 Commission of the State 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. No obligation. State-aid road. Section 3. That it is the purpose of this Act to give the State Highway Commission of Georgia the right and authority to legally designate said road as set out in section one hereof, as a State Aid road, and if and when said road is designated by the State Highway Commission

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of Georgia, said road shall be considered a part of the five hundred miles allowed in addition to the mileage shown on said Traylor-Neill map. Purpose. Section 4. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 2, 1938. BULLOCH AND BRYAN COUNTIES. No. 317. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268 and including the map opposite page 268 of said Acts of 1929, said 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 a point on State Route 46 where said State Route 46 passes through the town of Register in the County of Bulloch of said State following a southeasterly direction to the Sink Hole Bridge across Lotts Creek a distance of about six miles, thence in an easterly direction along the Old Dublin Road, to Route 80 in the County of Bryan a distance of about 15 miles. The entire distance being about twenty-one miles in Bulloch county and about one-half mile in Bryan 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

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Legislature known as the Traylor-Neill Bill, together with the map attached thereto, as said bill appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268, together with the map opposite page 268 of said Acts of 1929, be and the same is hereby amended by adding to and placing on said map, as fully and completely as though originally drawn on said map, that certain road beginning at a point on State Route 46 where said State Route 46 of passes through the Town of Register in Bulloch County of said State in a southeasterly direction to the Sink Hole Bridge across Lotts Creek a distance of about six miles, thence in an easterly direction along the Old Dublin Road, to Route 80 in the County of Bryan a distance of about 15 miles. The entire distance being about twenty-one miles in Bulloch County and about one-half mile in Bryan County. Act of 1929 amended. Road described. 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. No obligation. State-aid road. 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 State Route 46 where said State Route 46 passes through the Town of Register in the County of Bulloch of said State in a southeasterly

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direction to the Sink Hole Bridge across Lotts Creek a distance of about six miles, thence in an easterly direction along the Old Dublin Road to Route 80 in the County of Bryan a distance of about 15 miles. The entire distance being about twenty-one miles in Bulloch County and about one-half mile in Bryan County, and if and when said road is so designated by said State Highway Department of Georgia said road shall 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. Purpose. Section 4. Be it enacted, that all laws and parts of laws in conflict with this are hereby repealed. Approved February 7, 1938. CATOOSA AND WALKER COUNTIES. 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 the 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 in Catoosa County, Georgia, beginning at the intersection of the Dixie Highway, State Route No. 3, U. S. Route No. 41, (formerly known as the Ringgold-Fort Oglethorpe Government Road), at the properties of Miss Clara Robinson and Mrs. M. A. Vining, and running thence through Catoosa County eleven miles to the Walker County line, and being known as the Alabama Road in said county, and thence from the Walker County line to the highway running to LaFayette, Georgia in Walker County, a distance

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of three miles, the total length of said road being approximately fourteen 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 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 the State Highway, State Route No. 3, U. S. Route No. 41, (formerly known as the Ringgold-Oglethorpe Government Road), at the properties of Miss Clara Robinson and Mrs. M. A. Vining, and running thence in Catoosa County eleven miles to the Walker County line, and being that road in said county known as the Alabama Road, and thence from the Walker County line to the Dixie Highway running to LaFayette, Georgia, a distance of three miles, or a total distance of fourteen miles in length. Act of 1929 amended. Road designated. 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, the State Highway Department and the State Highway Board, shall be responsible for any maintenance of said road, nor shall the addition of said road to said map, entitle the county

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or county authorities of Catoosa or Walker County, in which counties said road is located, to receive a pro rata part of the one-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. No obligation. State-aid road. 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 State Highway in Catoosa County to the State Highway in Walker County, known as the Alabama Road 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. Purpose. 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 January 17, 1938. CHATHAM COUNTY ADDITION. No. 148. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, page 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; the map above set forth being designated in the Act of 1929 as the Traylor-Neill map, so as to add to said map of roads hereinafter described, and known as 52nd

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Street Extension; the White Bluff Road; Buckhalter Road, and Garrard Avenue, and Emmet Wilson Boulevard, all in Chatham County, Georgia. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that 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 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 the intersection of 37th Street and Montgomery Street within the corporate limits of the City of Savannah and continues in a southerly direction on the Montgomery Street for a distance of 3194 feet with an over all width of 75 feet to the intersection of Whatley Avenue; thence on Whatley Avenue in a southwesterly direction for a distance of 1439 feet with an over all width of 60 feet to the intersection of Whatley Avenue and 52nd Street; thence continuing in a westerly direction on 52nd Street to the corporate City Limits of Savannah, which is at the intersection of 52nd and Hopkins Streets a distance of 1517 feet with an over all width of 60 feet. (Total distance within the corporate limits of the City of Savannah being 6482 feet or 1.228 miles) thence continuing in Chatham County in a westerly direction for a distance of 2388 feet with an over all width of 100 feet to the east boundary line of the Atlantic Coast Line Railroad property at Union Junction, thence across the said railroad property in same westerly direction for a distance of 703 feet with an over all width of 150 feet to the west boundary line of Atlantic Coast Line Railroad; thence continuing in same westerly direction for a distance of 4519 feet with an over all width of 100 feet to the west right of way of Coast Line Boulevard; thence continuing for a distance of 698 feet with an

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over all width of 75 feet to the intersection of the Ogeechee Road opposite the boundary line between the properties of C. J. Yon and J. M. Quantocks. Total distance in Chatham County is 8308 feet or 1.573 miles. Total distance for entire road is 14,790 feet or 2.801 miles. Act of 1929 amended. Read described. 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 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 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 southern corporate limits at the northern side of 55th Street, and running in a generally southerly direction 5.7 miles, said White Bluff Road joining with Emmet Wilson Boulevard (Airport Road), at a point 2.1 miles south of the corporate limits of the City of Savannah, and joins the Buckhalter Road at a point 3.3 miles south of the corporate limits, the width of the White Bluff Road right of way being uniformly 40 feet throughout its length. Act of 1929 amended. Road described. Section 3. Be it further 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 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 Buckhalter Road in Chatham County, Georgia, which intersects the White Bluff Road at a point of 3.3 miles, measured along said White Bluff Road, in a southerly

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direction from the corporate limits of the City of Savannah and runs thence in a northwesterly direction a distance of 3.01 miles to a point near the Atlantic Coast Line Railroad, where it joins Garrard Avenue, said Garrard Avenue running in a northeasterly direction a distance of 2.32 miles to its intersection with the Ogeechee Road (Coastal Highway), said intersection being about one quarter mile south of the 4 mile post on the Ogeechee Road. The right of way of the Buckhalter Road is 50 feet wide over all and Garrard Avenue right of way being 60 feet wide. Act of 1929 amended. Road described. Section 4. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that 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 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 in Chatham County which intersects the White Bluff Road at a point 2.1 miles measured along said White Bluff Road in a southerly direction from the corporate limits of the City of Savannah and runs thence in a north westerly direction 4050 feet to an intersection with the Middle Ground Road at the boundary of the airport, the right of way of Emmet Wilson Boulevard being 150 feet wide over all. Act of 1929 amended. Road described. Section 5. 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 road nor shall the addition of said roads on said map entitle the county or counties in which said roads are located to receive its pro rata part of the 1 cent

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gasoline tax allocated to said county 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 Board of Georgia by appropriate action as now provided by law and a map, showing said roads thereon, be filed with the Secretary of State as now provided by law. No obligation. State-aid roads. Section 6. Be it further enacted by authority aforesaid, that the said State Highway Department is hereby authorized to amend the map showing the highway mileage, and State Aid System of Roads now in force in this State, so as to show on said map the aforesaid roads. Map. Section 7. Be it further enacted by the authority aforesaid, that this Act shall be construed as permissive in its effect only, and not as mandatory. Act permissive. Section 8. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act, be, and the same are, hereby repealed. Approved January 13, 1938. CHATTOOGA AND DADE COUNTIES. No. 184. An Act to amend an Act approved August 20, 1929 (Acts 1929, pages 260-268, inclusive) designating highway mileage by adding thereto the roads described as follows: Commencing at Cloudland on Lookout Mountain in Chattooga County intersecting with State Route No. 48 and proceeding in a northwesterly direction, intersecting with and terminating at State Route No. 157, known as the Scenic Highway; and. Commencing at Trenton, Dade County, intersecting with State Route No. 58 and proceeding in a westerly direction up and across Sand Mountain to the Alabama State Line, 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 there shall be added to the State Highway Mileage the following roads, to wit: Roads designated. Commencing at Cloudland on Lookout Mountain in Chattooga County intersecting with State Route No. 48 and proceeding in a northwesterly direction, intersecting with and terminating at State Route No. 157, known as the Scenic Highway; and, Commencing at Trenton, Dade County, intersecting with State Route No. 58 and proceeding in a westerly direction up and across Sand Mountain to the Alabama State Line. Section 2. Be it further enacted by the authority aforesaid that the map of the State Aid Highways between pages 268-269 of the Georgia Laws of 1929 be and the same is hereby amended so as to show on said map the roads described in section 1 of this 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 roads 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 Neill-Traylor Act. That the said State Highway Board be, and it is hereby authorized to certify said roads and any part thereof into the System of State Aid Roads at such times as in its discretion it deems proper. Certificate of State-aid roads. 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 January 17, 1938.

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CHATTOOGA AND DADE COUNTIES. EMANUEL COUNTY ADDITION. No. 57. An Act to amend an Act approved August 20, 1929, (Acts 1929, pages 260-268, inclusive) designating highway mileage by adding thereto the roads described as follows: Commencing at Cloudland on Lookout Mountain in Chattooga County intersecting with State Route No. 48 and proceeding in a northwesterly direction, intersecting with and terminating at State Route No. 157, known as the Scenic Highway; and Commencing at Trenton, Dade County, intersecting with State Route No. 58 and proceeding in a westerly direction up and across Sand Mountain at the Alabama State Line; and Beginning at a point on Federal Route No. 80 at or near where the western boundary of the City of Swainsboro crosses Federal Route No. 80 and running southeasterly to an intersection with Moring Street, thence along Moring Street to an intersection with Federal Route No. 80; and Beginning at the intersection of Broad Street and State Route No. 23 in the Town of Garfield, thence running easterly a distance of about seven-eighths of a mile; and for other 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 roads, to wit: Commencing at Cloudland on Lookout Mountain in Chattooga County intersecting with State Route No. 48 and proceeding in a northwesterly direction, intersecting with and terminating at State Route No. 157, known as the Scenic Highway; and, Dade roads designated.

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Commencing at Trenton, Dade County, intersecting with State Route No. 58 and proceeding in a westerly direction up and across Sand Mountain to the Alabama State Line. That certain road in Emanuel County, Georgia, beginning at a point on Federal Route No. 80 at or near where the western boundary of the city limits of the City of Swainsboro crosses said Federal Route No. 80 and running in a general southeasterly direction until same intersects with what is known as Moring Street in the City of Swainsboro, Georgia, and thence along said Moring Street in an easterly direction until same intersects with said Federal Route No. 80 at or near a point where said road crosses the eastern city limits of said City of Swainsboro. Emanuel roads designated. That certain road in Emanuel County, Georgia, beginning at the intersection of Broad Street with State Route No. 23 in the Town of Garfield and running in a general easterly direction in a distance of about seven-eighths of a mile to the eastern property line of the house and lot owned and occupied by Mrs. J. C. Brown in said Town of Garfield. Section 2. Be it further enacted by the authority aforesaid that the map of the State Aid highways between pages 268-269 of the Georgia Laws of 1929 be and the same is hereby amended so as to show on said map the roads described in section 1 of this 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 roads 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 Neill-Traylor Act. That the said State Highway Board be, and it is hereby authorized to certify said roads and any part thereof into the System of State Aid roads at such times as in its discretion it deems proper. Certificate. State-aid roads.

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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 December 22, 1937. CLAYTON COUNTY ADDITION. No. 391. 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 State Highway Route No. 3 through Forest Park to State Highway Route No. 54 in Clayton County and being about three miles more or less. 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 Route No. 3 and running through Forest Park and joining State Highway Route No. 54 in Clayton County, Georgia, and being three miles more or less. Road designated. Section 2. Be it further enacted that the map showing the highway mileage between pages 260 and 269 of 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 Aid System of Georgia. Act of 1929 amended. Section 3. Be it further enacted that this Act shall not have the effect of certifying said proposed road into the now State Aid System of Georgia until certified by the State Highway Board of Georgia as a part of the State Aid System in a manner now provided by law. Certificate.

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Section 4. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 16, 1938. CLINCH AND ECHOLS COUNTIES. HOMERVILLE-STATENVILLE ROAD. No. 178. 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 Homerville-Statenville public road which will begin at a point in the Town of Homerville, Georgia, where the Old Dames Mill Pond Road intersects with State Highway No. 89, and continuing in a southwesterly direction about fifteen miles to the Town of Thelma, Georgia, in Clinch County. Thence in a westerly direction about one mile to the Echols County line. Thence continuing in a westerly direction about six miles to Statenville, Echols County, Georgia; to provide that the addition of said road on said map shall not require payment of gasoline tax or maintenance by the State Highway Department of Georgia until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that that certain Act of the Georgia Legislature known as the Traylor-Neill Bill, together

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with the map attached thereto, as said bill appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268, together with the map opposite page 268 of said Act of 1929, be and the same is hereby amended by adding to and placing on said map, as fully and completely as though originally drawn on said map, that certain road known as the Homerville-Statenville Public Road, which will begin at a point in the Town of Homerville, Georgia, where the Old Dames Mill Pond Road intersects with State Highway No. 89, and continuing in a southwesterly direction about fifteen miles to the Town of Thelma, Georgia, in Clinch County. Thence in a westerly direction about one mile to the Echols County line. Thence continuing in a westerly direction about six miles to Statenville, Echols County, Georgia. Act of 1929 amended. Road designated. 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 entitle the county or counties in which said road is located to receive its pro rata part of the gasoline tax allocated to said county as to said road thereby added on said map, unless and until said road, is formally designated as a State Aid Road by the said 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. No obligation. State-aid road. 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 Homerville-Statenville Public Road, which will begin at a point in the City of Homerville, where the old Dames Mill Pond Road intersects with State Highway No. 89, and continuing in a

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southwesterly direction about fifteen miles to the Town of Thelma, Georgia, in Clinch County. Thence in a westerly direction about one mile to the Echols County line. Thence continuing in a westerly direction about six miles to Statenville, Echols County, Georgia, as a State Aid Road; and if and when said road is so designated by said State Highway Department of Georgia, said road shall not be considered a part of the five hundred additional miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill. Purpose. Section 4. Be it further enacted that all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved January 17, 1938. CLINCH, WARE, AND LANIER COUNTIES. No. 215. An Act to amend an Act approved August 20, 1929, (Acts 1929, pages 260-268, inclusive) designating highway mileage by adding thereto the road described as follows: Beginning at the City of Waycross in Ware County and proceeding in a westerly direction to the Town of Cogdell in Clinch County; thence continuing in a westerly direction through the Town of Sirmans, also in Clinch County and thence continuing in a westerly direction to the City of Lakeland in Lanier 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 road, to wit:

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Beginning at the City of Waycross in Ware County and proceeding in a westerly direction to the Town of Cogdell in Clinch County; thence continuing in a westerly direction through the Town of Sirmans, also in Clinch County and thence continuing in a westerly direction to the City of Lakeland in Lanier County. Road designated. Section 2. Be it further enacted by the authority aforesaid that the map of the State Aid Highways between pages 268-269 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. 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 Georgia until so certified by the State Highway Board of Georgia as provided in said Act of 1929, known as the Neill-Traylor Act. That the said State Highway Board be, and it is hereby authorized to certify said road into the System of State Aid Roads at such time as in its discretion it deems proper. Certificate. State-aid road. Section 4. Be it further enacted by the authority aforesaid, that all laws and part of laws in conflict herewith be and the same are hereby repealed. Approved January 21, 1938. COBB AND CHEROKEE COUNTIES. No. 56. 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

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Act of 1929, as the Traylor-Neill map, so as to add to said map a road beginning at State Highway Number Three in the Town of Acworth, Cobb County, Georgia, and running thence into Cherokee County, Georgia, and to intersect with State Highway Number Five in Cherokee County, Georgia, at the most convenient point and said road being a distance of approximately 20 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 said 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 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 State Highway Number Three in the Town of Acworth, Cobb County, Georgia, and running thence into Cherokee County, Georgia, and to intersect with State Highway Number Five in Cherokee County, Georgia, at the most convenient point, and said road being a distance of approximately twenty miles in length. Act of 1929 amended. Road designated. 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 of county authorities in which said

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road is located to receive a pro rata part of the 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. No obligation. State-aid road. 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 State Highway No. 3 in the Town of Acworth, Cobb County, Georgia, and running thence in to Cherokee County, Georgia, and to intersect with State Highway No. 5 in Cherokee County, Georgia, at the most convenient point, 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. Purpose. 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 December 22, 1938. COBB, PAULDING, AND HARALSON COUNTIES. No. 181. An Act to amend an Act approved August 20, 1929 (Acts 1929, pages 260-268, inclusive) designating highway mileage by adding thereto a road described as follows: Commencing at Powder Springs in Cobb County and running in a westerly direction through Paulding County near Brownville, New Georgia and Concord, and continuing into Haralson County, terminating at and intersecting with State Route No. 120 near Draketown, 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 there shall be added to the State Highway Mileage the following described road, to wit: Commencing at Powder Springs in Cobb County and running in a westerly direction through Paulding County near Brownville, New Georgia and Concord, and continuing into Haralson County, terminating at and intersecting with State Route No. 120 near Draketown. Road designated. Section 2. Be it further enacted by the authority aforesaid that the map of the State Aid Highways between pages 268-269 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. 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 Georgia until so certified by the State Highway Board of Georgia as provided in said Act of 1929, known as the Neill-Traylor Act. Certificate. State-aid road. 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 January 17, 1938. COFFEE AND WARE COUNTIES. BELLE-LAKE HIGHWAY. No. 25. 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

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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, known as the Belle-Lake Highway, beginning at Douglas in Coffee County, Georgia, and running thence by Wilsonville schoolhouse to a point approximately ten miles west of Waycross, Georgia, on State Route 50, which said State Route 50 leads into Waycross; and connecting Douglas, the county seat of Coffee County, with Waycross, the county seat of Ware County, and being approximately twenty-eight 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 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, known as the Belle-Lake Highway, beginning at Douglas in Coffee County, Georgia, and running thence by Wilsonville schoolhouse to a point approximately ten miles west of Waycross, Georgia, on State Route 50, which said State Route 50 leads into Waycross; and connecting Douglas, the county seat of Coffee County, with Waycross, the county seat of Ware County, and being approximately twenty-eight miles in length. Act of 1929 amended. Road designated.

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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 counties 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. No obligation. State-aid road. 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, by Wilsonville schoolhouse to Waycross in Ware 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. Purpose. 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 December 14, 1938. COFFEE COUNTY ADDITION. No. 264. An Act to amend an Act approved August 20, 1929 (Acts 1929, pages 260-268, inclusive) designating Highway Mileage by adding thereto a road described as follows: Commencing at the South Georgia State

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College near the City of Douglas, Coffee County, Georgia and running thence in a northerly direction along College Avenue to the lands on which the Maintenance Shops of the State Highway Department in the City of Douglas are located; thence in an easterly direction along Walker Street to and intersecting with State Route No. 31, and for other 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: Commencing at the South Georgia State College near the City of Douglas, Coffee County, Georgia and running thence in a northerly direction along College Avenue to the lands on which the Maintenance Shops of the State Highway Department in the City of Douglas are located; thence in an easterly direction along Walker Street to and intersecting with State Route No. 31. Road described. Section 2. Be it further enacted by the authority aforesaid that the map of the State Aid Highways between pages 268-269 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. 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 Georgia until so certified by the State Highway Board of Georgia as provided in said Act of 1929, known as the Neill-Traylor Act. Certificate. State-aid road. 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 February 2, 1938.

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COWETA AND CARROLL COUNTIES. No. 174. 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 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 the upper and lower road and State Road No. 54, in Coweta County, Georgia, east of Newnan, near Coweta-Fayette County Line, and connecting with State Road No. 8, at Bowdon, Carroll County, Georgia, a total distance of approximately forty-nine (49) 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 that certain road beginning at the intersection of the upper and lower road and State Road No. 54, in Coweta County, Georgia, east of Newnan, near Coweta-Fayette County Line and running along the upper Fayetteville Road and connecting

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with State Road No. 8, at Bowdon, Carroll County, Georgia, a total distance of approximately forty-nine (49) miles. Act of 1929 amended. Road designated. 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 hereon, be filed with the Secretary of State as now provided by law. No obligation. State-aid road. 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 the upper and lower road and State Road No. 54, in Coweta County, Georgia, and connecting with State Road No. 8, at Bowdon, Carroll County, Georgia, a total distance of approximately forty-nine (49) 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. Purpose. 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 January 17, 1938.

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COWETA COUNTY ADDITION. No. 179. 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 the McCollum Road and State Road No. 14, Newnan to Atlanta, in Coweta County and connecting with State Road No. 16 near Sharpsburg, Georgia, a distance of approximately eight (8) 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 beginning at the intersection of the McCollum Road and State Road No. 14, Newnan to Atlanta, in Coweta County and connecting with State Road No. 16 near Sharpsburg, Georgia a distance of approximately eight (8) miles. Act of 1929 amended. Road designated.

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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 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. No obligation. State-aid road. 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 the McCollum Road and State Road No. 14 and connecting with State Road No. 16 near Sharpsburg, Georgia a distance of approximately eight (8) 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. Purpose. 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 January 17, 1938. DADE AND WALKER COUNTIES. No. 293. 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

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site 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 Lookout Mountain on Rising Fawn Rural Mail Route No. 3 and as designated in an Act Highway Mileage page 300 Acts of 1935, for Walker County, Georgia, and said road extending south a distance of two miles or where same crosses the Scenic Highway also at the Johnson Crook Road or later known as the B. W. Newsome Highway down Lookout Mountain to the Cave Springs Road at the old Rising Fawn Furnace Plant and continuing with said road to the intersection of Federal Highway No. 11 at Rising Fawn, the mileage being a distance of ten (10) miles and all together on Mail Route No. 3, Rising Fawn, 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 Lookout Mountain on Rising Fawn Rural Mail Route No. 3 and as designated in an Act Highway Mileage page 617 Act No. 444 of 1935 Acts, for Walker County, Georgia, and said road extending south a distance of two miles or where same crosses the Scenic Highway

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also at the Johnson Crook Road or later known as the B. W. Newsome Highway down Lookout Mountain to the Cave Springs Road at the old Rising Fawn Furnace Plant and continuing with said road to the intersection of Federal Highway No. 11 at Rising Fawn, the mileage being a distance of ten (10) miles and all together on Mail Route No. 3, Rising Fawn, Georgia. Act of 1929 amended. Road designated. 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. No obligation. State-aid road. 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 Lookout Mountain on Rising Fawn Rural Mail Route No. 3 to the Cave Springs Road at the old Rising Fawn Furnace Plant and continuing with said road to the intersection of Federal Highway No. 11 at Rising Fawn 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. Purpose. 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 February 7, 1938.

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DEBT CERTIFICATESAMENDING ACT. No. 292. An Act to amend an Act approved March 1, 1933 (Georgia Laws 1933, pages 161-172), entitled an Act to enable the State Highway Department of Georgia to effectually carry out and put into effect the provisions of the amendment to the Constitution of the State of Georgia, proposed by the General Assembly of Georgia by an Act approved August 25, 1931 (Georgia Laws 1931, pp. 97-101), and ratified in the manner prescribed in said Act at the general election held in the State of Georgia on November 8, 1932; to declare and define the amount of indebtedness of the several counties of this State, and the Coastal Highway District, liable for payment under the provisions of said amendment; to provide for annual installments and the maturities thereof for the payment of said indebtedness; to provide a method for issuing certificates of indebtedness and form therefor; to prescribe the manner of execution and delivery of such certificates; to provide for the transfer or negotiation of such certificates; to declare such certificates as instruments of government and non-taxable; to provide a method of registration for such certificates; to provide a penalty for forging or counterfeiting the same; to provide for the disposition of funds realized or received from said certificates of indebtedness; to provide for the adjudication of differences between any of the several counties hereinafter named and/or the Coastal Highway District, on the one hand, and the State Highway Department on the other; to provide for establishment of any original lost or destroyed certificates of indebtedness heretofore issued by the State Highway Department to any county or district; and for other purposes.

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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 March 1, 1933 (Georgia Laws 1933, pages 161-172), to enable the State Highway Department of Georgia to effectually carry out and put into effect the provisions of the amendment to the Constitution of the State of Georgia, proposed by the General Assembly of Georgia by an Act approved August 25, 1931 (Georgia Laws 1931, pp. 97-101), and ratified in the manner prescribed in said Act at the general election held in the State of Georgia on November 8, 1932; be and the same is hereby amended by adding to section 12 of said Act immediately after the words, and the payment of which was assumed under the provisions of the amendment to the Constitution approved August 25, 1931, the following: Act of 1933 amended. Provided, however, that where private persons contributed to any fund or funds used in the construction and/or paving of the public roads or highways (including bridges) of the State which were a part of the State Aid Roads of the Highway System of Georgia, and said work was done under the supervision of the Highway Department, and for which Highway Certificates are issued to the counties under this Act, governing authorities of said county wherein said work was done are hereby authorized and empowered to ascertain the amounts of the several contributions made by the aforesaid persons, and the amount thereof included in the refunding highway certificates, and to pay to the aforesaid persons, their heirs or assigns, ten per centum of the amount of said contributions, as included in such highway certificates, upon the maturity and payment to said counties of each of the aforesaid certificates of indebtedness, so that said section 12 as amended shall read as follows: Proviso added. Section 12. Be it further enacted by the authority aforesaid, that all funds received or realized (or so much

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thereof as may be necessary) from the certificates of indebtedness issued or to be issued by the State Highway Department to the several counties of this State, as well as to the Coastal Highway District and the counties of said districts, under the provisions of the amendment to the Constitution, providing for the issuance of such certificates, approved August 25, 1931, shall be first applied by the fiscal or governing authorities of said political subdivision receiving said certificates to the payment of that part of the outstanding and unpaid bonded indebtedness of such political subdivision incurred and used for the construction and/or paving of the public roads or highways (including bridges) of the State, as contemplated and defined by article 6, section 1, of the Act approved August 18, 1919, as said section appears on page 252 of the Georgia Laws of 1919, which were a part of the State Aid Roads of the Highway System of Georgia, and said work was done under the supervision of the Highway Department, and the payment of which was assumed under the provisions of the amendment to the Constitution approved August 25, 1931. Provided, however, that where private persons contributed to any fund or funds used in the construction and/or paving of the public roads or highways (including bridges) of the State which were a part of the State Aid Roads of the Highway System of Georgia, and said work was done under the supervision of the Highway Department, and for which highway certificates are issued to the counties under this Act, the governing authorities of said county wherein said work was done are hereby authorized and empowered to ascertain the amounts of the several contributions made by the aforesaid persons, and the amount thereof included in the highway refunding certificates, and to pay to the aforesaid persons, their heirs or assigns, ten per centum of the amount of said contributions, as included in such highway certificates, upon the maturity and payment to said counties

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of each of the aforesaid certificates of indebtedness. Provided, however, that in any case where the governing authorities of said counties or district cannot acquire for payment any of such outstanding bonds as herein-before described, said governing authorities shall invest the proceeds of said certificates so issued to said counties in securities now prescribed by law to be placed in the sinking-fund of said several political subdivisions, and there kept and held as now provided by law for the discharge and eventful payment of said outstanding bonded indebtedness or said outstanding bonds, and shall in all respects be treated by said governing authorities of said counties and districts hereinbefore referred to as now provided by law for the preservation, care and use of said sinking funds. To be read. Application of funds. Payments to contributors. Investment of proceeds of certificates. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 5, 1938. DECATUR AND SEMINOLE COUNTIES. No. 323. 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 designated in said Act of 1929 as the Traylor-Neill map, so as to add to said map a certain road beginning on Route 38 just west of Spring Creek in Decatur County and thence in a southwesterly direction through Rock Pond, Lela and Steam Mill in Seminole County to the Swinging Bridge on the Chattahoochee River, a distance of approximately fifteen miles; to provide that the addition of said road on said map shall not require payment of gasoline tax or maintenance

Page 489

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 on Route 38 just west of Spring Creek in Decatur County and thence in a southwesterly direction through Rock Pond, Lela and Steam Mill in Seminole County to the Swinging Bridge on the Chattahoochee River, a distance of approximately fifteen miles. Act of 1929 amended. Road designated. 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. No obligation. State-aid road. 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

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road described in section 1 of this Act extending from a point on Route 38 in Decatur County to the Swinging Bridge on the Chattahoochee River in Seminole County, a distance of approximately fifteen 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. Purpose. 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 February 7, 1938. DEKALB COUNTY ADDITION. No. 157. An Act to amend an Act entitled Highway Mileage as the same appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268, including the map opposite page 268 of said Acts of 1929; the Act hereby amended being known as the Traylor-Neill Bill and the map aforesaid being designated as the Traylor-Neill map in order to add under and to said Act a road known as Glenwood Avenue, commencing at the county line between Fulton and DeKalb Counties on Moreland Avenue and running thence east to Covington Road in DeKalb County, known as State Route No. 12, east of Avondale, Georgia, said road to be approximately eight miles in length; to provide that the addition of said road on said map (under said Act) shall not require payment of gasoline tax or maintenance by the State Highway of Georgia until said road is formally designated and accepted as a State Aid Road by the State Highway Board by appropriate action; and for other purposes.

Page 491

Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That the Act of the Georgia Legislature entitled Highway Mileage and known as the Traylor-Neill Bill, together with the map attached thereto (following said Act after page 268 of the Acts of 1929) approved August 20, 1929, and embodied in the Acts of 1929, pages 260 through 268, together with the map opposite page 268, be and the same is hereby amended by adding under said law and placing upon said map as fully and completely as though originally drawn on said map, and as originally included in said Act, that said road known as Glenwood Avenue, commencing at the county line between Fulton and DeKalb Counties on Moreland Avenue and running thence east to Covington Road in DeKalb County known as State Route No. 12 east of Avondale, Georgia, said road being approximately eight miles in length. Act of 1929 amended. Road designated. Section 2. Be it further enacted that by the addition of said road on said map and by placing said road under said Act there shall arise no obligation that the State of Georgia and Highway Department of Georgia shall be responsible for any maintenance of said road nor shall the addition of said road as set forth herein entitle the County of DeKalb or county authorities to receive a pro rata part of the gasoline tax or any other tax allocated to said county as to said road unless and until said road is formally designated as a State Aid Road by the State Highway Board of Georgia or the proper officers of said board or by appropriate action, as now provided by law, and a map showing said road thereon filed with the Secretary of State if required by law. No obligation. State-aid road. Section 3. Said road when accepted as a State Aid Road shall not be considered a part of the five hundred miles allowed in addition to the mileage shown on said Traylor-Neill Bill but shall be in addition thereto. Additional mileage.

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Section 4. Be it further enacted that it shall be and 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 Moreland Avenue in DeKalb County to Covington Road in DeKalb County known as Glenwood Avenue as a State Aid Road and when so designated, by the proper authorities, to have such status and to be accorded such rights and the County of DeKalb given such benefits, financially or otherwise, as are given State Aid Roads heretofore adopted and designated. Purpose. Section 5. Be it further enacted that all laws in conflict with this Act be and they are hereby repealed. Approved January 13, 1938. DEKALB COUNTYBROCKETT ROAD. No. 239. 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 a point on Stone Mountain Highway just beyond Clarkston and running in a northerly direction to the Lawrenceville Highway; said road is approximately two miles in length and is known as the Brockett Road; 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 said State Highway Board of Georgia, by appropriate action; 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: 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 260-268, 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 Stone Mountain Highway just beyond Clarkston and running in a northerly direction to the Lawrenceville Highway; said road is approximately two miles in length and is known as the Brockett Road. Act of 1929 amended. Road designated. 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 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. No 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 Stone Mountain Highway just beyond Clarkston and running in a northerly direction to the Lawrenceville Highway; said road is approximately two miles in length and is known as the Brockett Road, as a State Aid Road

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and when so designated to have such status and to be accorded such rights as State Aid Roads heretofore adopted and designated. Purpose. 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 January 25, 1938. DEKALB COUNTY MEMORIAL DRIVE. No. 147. An Act to amend an Act entitled Highway Mileage as the same appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268, including the map opposite page 268 of said Acts of 1929; the Act hereby amended being known as the Traylor-Neill Bill and the map aforesaid being designated as the Traylor-Neill map in order to add under and to said Act a road known as Memorial Drive (formerly Fair Street) commencing at the intersection of said Memorial Drive with Candler Street and running thence in a westerly direction to said Memorial Drive with Moreland Avenue, said road to be approximately 3.37 miles in length; to provide that the addition of said road on said map (under said Act) shall not require payment of gasoline tax or maintenance by the State Highway of Georgia until said road is formally designated and accepted as a State Aid Road by the State Highway Board 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 the Act of the Georgia Legislature entitled Highway Mileage and known as the Traylor-Neill

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Bill together with the map attached thereto (following said Act after page 268 of the Acts of 1929) approved August 20, 1929, and embodied in the Acts of 1929, pages 260 through 268 together with the map opposite page 268, be and the same is hereby amended by adding under said law and placing upon said map as fully and completely as though originally drawn on said map, and as originally included in said Act a road known as Memorial Drive, formerly Fair Street, commencing at the intersection of said Memorial Drive with Candler Street and running thence in a westerly direction to the intersection of said Memorial Drive with Moreland Avenue, said road to be approximately 3.37 miles in length. Act of 1929 amended. Road designated. Section 2. Be it further enacted that by the addition of said road on said map and by placing said road under said Act there shall arise no obligation that the State of Georgia and Highway Department of Georgia shall be responsible for any maintenance of said road nor shall the addition of said road as set forth herein entitle the County of DeKalb or county authorities to receive a pro rata part of the gasoline tax or any other tax allocated to said county as to said road unless and until said road is formally designated as a State Aid Road by the State Highway Board of Georgia or the proper officers of said board or by appropriate action, as now provided by law, and a map showing said road thereon filed with the Secretary of State if required by law. No obligation. Section 3. Said road when accepted as a State Aid Road shall not be considered a part of the five hundred miles allowed in addition to the mileage shown on said Traylor-Neill Bill but shall be in addition thereto. Section 4. Be it further enacted that it shall be and 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,

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a road known as Memorial Drive, formerly Fair Street, commencing at the intersection of said Memorial Drive with Candler Street and running thence in a westerly direction to the intersection of said Memorial Drive with Moreland Avenue, said road to be approximately 3.37 miles in length, as a State Aid Road and when so designated, by the proper authorities, to have such status and to be accorded such rights and the County of De-Kalb given such benefits, financially or otherwise, as are given State Aid Roads heretofore adopted and designated. Purpose. Section 5. Be it further enacted that all laws in conflict with this Act be and they are hereby repealed. Approved January 13, 1938. DODGE COUNTY ADDITIONS. No. 319. 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 mileage in certain counties; a road from Eastman, Georgia, in the County of Dodge, extending to the Dodge County line, through the County of Laurens to the Wheeler County line and into Wheeler County and intersect Route No. 46 at the Oconnee River, said road running in a northeasterly direction, from Eastman, Georgia, to Soperton, Georgia, and being approximately 25 miles; a road from Eastman, Georgia, in a

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northerly direction to Dudley, Georgia, connecting with Route No. 26, via Chester and Dexter, Georgia, a distance of approximately 25 miles; a road approximately one-quarter mile, on Front Street in the town of Rhine, Dodge County, Georgia, and being near the present Route No. 117 in the Town of Rhine; 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 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 in Dodge, Laurens and Wheeler Counties, Georgia, to wit: Act of 1929 amended. (a) Eastman-Soperton Road. Beginning at Eastman, Dodge County, Georgia, and thence running in a north-easterly direction to the Dodge County line, thence into and through the County of Laurens to the Wheeler County line, thence into Wheeler County and intersect Route No. 46 at the Oconnee River, and being approximately twenty-five miles, and said road shall be known as the Eastman-Soperton Road. Roads described.

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(b) Eastman-Dudley Road. Beginning at Eastman, Dodge County, Georgia, and thence running in a northerly direction in the County of Dodge, through the Town of Chester to the Laurens County line; thence into Laurens County through the Town of Dexter to the Town of Dudley, connecting with Route No. 26, and being a distance of approximately 25, and said road shall be known as the Eastman-Dudley Road. (c) A road connecting with State Route No. 117 in or near the Town of Rhine at a point suitable to the State Highway Department, thence from said point to Front Street in said Town of Rhine; thence down said Front Street to a point suitable to said State Highway Department; thence from said point to said State Route No. 117, said road being approximately one-quarter of a mile in length. 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 one-cent gasoline 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. No obligation. State-aid road. 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

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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 hereby 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. Purpose. 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 7, 1938. DOOLY COUNTYBYROMVILLE UNADILLA ROAD. No. 155. 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 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, a road beginning at Byromville, Georgia, on State Route No. 90, and running in an easterly direction to Unadilla, on State Route No. 7, commonly known as the Byromville-Unadilla Road, a distance of approximately twelve (12) miles and lying within the County of Dooly; to provide for 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 actions, 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. Section 1. That a 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 in 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 originally drawn on said map, a road beginning at Byromville, Georgia, on State Route No. 90 and running in an easterly direction to Unadilla, on State Route No. 7, commonly known as the Byromville-Unadilla Road, a distance of approximately twelve (12) miles and lying within the County of Dooly. Act of 1929 amended. Road designated. 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. No 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 Byromville, Georgia, on State Route No. 90, and running in an easterly direction to Unadilla, on State Route No. 7, commonly known as the Byromville-Unadilla Road, a distance of approximately twelve

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(12) miles and lying within the County of Dooly; 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. Purpose. State-aid road. Section 4. Be it enacted that all laws and parts of laws in conflict herewith are hereby repealed. Approved January 13, 1938. EARLY AND BAKER COUNTIES. No. 193. 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 Route No. 45 in the Town of Damascus in Early County, Georgia, and running thence in an easterly direction to intersect with State Routes 37 and 91 in the Town of Newton in Baker County, Georgia, being a distance of approximately 24 miles, of which about four miles are in Early County and 20 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:

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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 at a point on State Route No. 45 in the Town of Damascus in Early County, Georgia, and running thence in an easterly direction to intersect with State Routes 37 and 91 in the Town of Newton in Baker County, Georgia, being a distance of approximately 24 miles, of which about four miles are in Early County and 20 miles in Baker County, Georgia. Act of 1929 amended. Road designated. 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. No obligation. State-aid road. 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 Damascus in Early County, Georgia, to the Town of Newton in Baker County, Georgia, as aforesaid,

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said, 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. Purpose. 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 January 17, 1938. EARLY COUNTY ADDITION. No. 203. 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 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 in the City of Blakely, in Early County, Georgia, and extending thence by way of Liberty Hill a distance of approximately fifteen miles to intersect with State Route No. 45 in the Town of Damascus in Early County, Georgia, being approximately fifteen miles in Early 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 504

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 in the City of Blakely, in Early County, Georgia, and extending thence by way of Liberty Hill a distance of approximately fifteen miles to intersect with State Route No. 45 in the Town of Damascus in Early County, Georgia, being approximately fifteen miles in Early County, Georgia. Act of 1929 amended. Road designated. 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. No obligation. State-aid road. 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 City of Blakely to the Town of Damascus by way of Liberty Hill in Early 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. Purpose.

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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 January 17, 1938. ELBERT COUNTY ADDITION. No. 246. 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 intersecting with State Highway No. 17 in the Town or City of Bowman, Elbert County, Georgia, and running thence in a northeasterly direction to the Elbert-Hart County Line at a point where the highway mileage addition ends as authorized by an Act of the General Assembly approved March 23, 1937 (Georgia Laws 1937, pp. 1012-1013), the addition authorized by this Act from Bowman to the said Elbert-Hart County Line being a distance of approximately three (3) miles in Elbert 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. 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 at a point intersecting with State Highway No. 17 in the Town or City of Bowman, Elbert County, Georgia, and running thence in a northeasterly direction to the Elbert-Hart County Line at a point where the Highway mileage addition ends as authorized by an Act of the General Assembly approved March 23, 1937 (Georgia Laws 1937, pp. 1012-1013), the addition authorized by this Act from Bowman to the said Elbert-Hart County Line being a distance of approximately three (3) miles in Elbert County. Act of 1929 amended. Road designated. 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. No obligation. State-aid road. 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

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described in section 1 of this Act extending from a point intersecting with State Highway No. 17 in the Town or City of Bowman, Elbert County, Georgia, to the Elbert-Hart County Line at a point where the highway mileage addition ends, being a distance of approximately three (3) miles in Elbert County as aforesaid, as a State Aid Road and when so designated to have such status and be accorded such rights as State Aid Roads heretofore adopted and designated. Purpose. 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 January 25, 1938. FLOYD AND BARTOW COUNTIES. No. 151. 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 Old Rome and Cartersville Road, said road beginning in the City of Rome, Georgia at a point on State Route No. 1 and ending at Ladds, Georgia, at a point on State Route No. 53 in Bartow County, and being approximately twenty-five miles in length, approximately ten miles in Floyd County and approximately fifteen miles being in Bartow 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

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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, said road beginning in the City of Rome, on the southeast side of the Etowah River where State Aid Road, Route No. 1, leaves East Second Avenue running southeastward out East Second Avenue and Old Cartersville Road, and passing through Spring Creek, Ligon, Euharlee, and intersection, State Aid Route No. 53 at Ladds, which is in Bartow County, Georgia, and being approximately twenty-five miles in length, approximately ten miles, of which seven miles is paved, being in Floyd County and approximately fifteen miles being in Bartow County. Act of 1929 amended. Road described. Section 2. Be it enacted further, 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 the State as now provided by law. No obligation. State-aid road.

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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 described in Section 1 of this Act; beginning in the City of Rome, on the southeast side of the Etowah River where State Aid Road, Route No. 1, leaves East Second Avenue running southeastward out East Second Avenue and old Cartersville Road, and intersecting, State Aid Route No. 53 at Ladds, which is in Bartow County, Georgia, and being approximately 25 miles in length, approximately ten miles, of which seven miles is paved, being in Floyd County and approximately fifteen miles being in Bartow 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; and if and when said road is so designated by 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. Purpose. Section 4. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved January 13, 1938. FLOYD AND BARTOW COUNTIES. No. 154. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268 and including the map opposite page 268 of said Acts of 1929, said Act hereby amended being known as the Traylor-Neill Bill, and map aforesaid being designated in said Act of 1929 as the Traylor-Neill map, so as to add to said map a road known as the Rome and Adairsville Road, beginning at a point on State Aid Road, Route No. 53,

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known as Martin's Store and running eastward to Adairsville, intersecting State Aid Road, Route No. 3, there being about two and one half miles in Floyd County and four and one half miles in Bartow County, and being a total length of approximately seven miles all of said road being paved, 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 placing on said map, as fully and completely as though originally drawn on said map, beginning at a point on State Aid Road, Route No. 53, known as Martin's Store and running eastward to Adairsville, intersecting State Aid Road, Route No. 3, there being about two and one half miles in Floyd County and four and one half miles in Bartow County, and being a total length of approximately seven miles, all of said road being paved. Act of 1929 amended. Road designated. Section 2. Be it enacted further, 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

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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. No obligation. State-aid road. 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 described in section 1 of this Act; beginning at a point on State Aid Road, Route No. 53, known as Martin's Store, and running eastward to Adairsville, intersecting State Aid Road, Route No. 3, there being about two and one half miles in Floyd County and four and one half miles in Bartow County, and being a total length of approximately seven miles, all of said road being paved, as a State road and when so designated to have such status and to be accorded such rights as State Aid Roads heretofore adopted and designated; 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. Purpose. Section 4. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved January 13, 1938. FLOYD AND GORDON COUNTIES. No. 153. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268 and including the map opposite page 268 of said Acts of 1929, said Act hereby

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amended being known as the Traylor-Neill Bill, and map aforesaid being designated in said Acts of 1929 as the Traylor-Neill map, so as to add to said map a road known as Piney Road, Floyd Springs and Curryville Road, beginning at a point on State Aid Road, Route No. 1, where the Piney Road intersects State Aid Road, Route No. 1, running northeastward through Floyd Springs, Rosedale, Curryville, Reeves, and intersecting State Aid Road, Route No. 53, near Liberty Church, in Gordon County approximately seven miles being in Floyd County and approximately seven miles being in Gordon County and being a total length of approximately fourteen 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 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, said road beginning at a point on State Aid Road, Route No. 1, where the Piney Road intersects State Aid Road, Route No. 1, running northeastward through Floyd Springs, Rosedale, Curryville, Reeves, and intersecting State Aid Road, Route No. 53, near Liberty Church, in Gordon County approximately seven miles being in Floyd County and approximately seven miles being in Gordon County and being a total of approximately fourteen miles. Act of 1929 amended. Road designated.

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Section 2. Be it enacted further, 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. No obligation. State-aid road. 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 described in section 1 of this Act; beginning at a point on State Aid Road, Route No. 1, where the Piney Road intersects State Aid Road, Route No. 1, running northeastward through Floyd Springs, Rosedale, Curryville, Reeves, and intersecting State Aid Road, Route No. 53, near Liberty Church, in Gordon County approximately seven miles being in Floyd County and approximately seven miles being in Gordon County and being a total of approximately fourteen miles, as a State Road and when so designated to have such status and accorded such rights as State Aid Roads heretofore adopted and designated; 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. Purpose.

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Section 4. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved January 3, 1938. FLOYD COUNTY ADDITION. No. 140. 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 inclusive, 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 Bluff Road, which begins at Rome, Georgia and runs to the Alabama State Line a distance of approximately 18 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 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, said road beginning at the intersection of South Broad Street and E. Main Street and State Aid Road, Route No. 53, in the City of Rome,

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running in a southwestward direction to the Alabama State Line, a total distance of approximately eighteen miles, twelve miles being already paved. Act of 1929 amended. Road designated. 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. No obligation. State-aid road. 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 cooperate with the Alabama State Highway Department in a better road to connect and serve the communities of Kirks Grove, Lexis, Howell's Cross Roads, Alabama and Rome, Georgia 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. Purpose. Section 4. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved January 13, 1938.

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FRANKLIN COUNTY ADDITION. No. 162. 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 Georgia System of State Roads a certain road located in Franklin County, 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 approximately two miles south of Lavonia at the crossing of Southern Railroad by State Route No. 17 and leading in a southern direction by Arthur Campbell's, Crayton Gaines, Luther Shirley's, Barto Minyard's, Ben Sailor's, Bud McCollum's, New Franklin Church, the Charley King's place, Hubert McCall's, Paul Gable's, Sam Roper's, C.R. Mabry's, Duncan's Mill, Poplar Springs Camp Ground, Crossing No. 51, at Wilson's Store, then leading by the home of Lewis Dawkins, and Mell Olbon's intersecting with Route No. 8 approximately one mile west from Royston. A distance of approximately eleven (11) miles, all in Franklin 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, and on the Traylor-Neill map of the Georgia System of State Roads. Road described. 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 January 13, 1938.

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FRANKLIN COUNTY ADDITION. No. 185. An Act to increase the mileage of the State Aid Road System by adding thereto a highway beginning at Fairview, running on to the Canon-Carnesville Road in Franklin County, Georgia, a distance of approximately seven (7) miles. Be it enacted by the General Assembly of Georgia: Section 1. That the mileage of State Aid System of Road, as provided for by chapter 95-17 (State Aid Roads) of the Code of 1933, be and the same is hereby increased by adding thereto a road beginning at Fairview, in Franklin County, Georgia, extending in a southern direction by the home of Tom Sewell and to the home of Marvin Sewell, thence in a southwestern direction by Mose Agnew, by the Ben Burroughs' place, by Caroll Church, and by Joe Casey's to a point on the Canon-Carnesville Road, all in Franklin County, a distance of approximately seven (7) miles. Road designated. Section 2. That the State Highway Board is authorized, empowered and directed to certify said Road as a part of the State Aid System, in the way and manner provided by law, and to provide for the construction, improvement, and maintenance of the same; together with all necessary bridges and approaches and all in conformity with the law. Certificate. Section 3. Be it further enacted that, by the addition of said road on said map and placing of said road on said map, there arises no obligation, either expressly or implied, that the State of Georgia or the Highway Department of Georgia shall be responsible for any maintenance on said road, nor shall the addition of said road to said map entitle the county in which said road is located, to receive its pro rata part of the one (1c) cent gasoline tax

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allocated to said county as to said road hereby added to said map, unless and until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action, as now provided by law and a map showing said road thereof filed with the Secretary of State, as now provided by law and for other purposes. No obligation. State-aid road. Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Approved January 17, 1938. FRANKLIN COUNTY ADDITION. No. 192. 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 Canon, in a western direction by the Dean Place, Sam Roper's, Moss Schoolhouse, Will Burroughs', Stones Bridge, Milt Taylor's, M. T. Whitlow's to the convict camp, approximately 9 miles all in Franklin County, and for other purposes. Section 1. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act there shall be added to and made a part of the State Aid System of Highway of the State of Georgia the following described road to wit: From Canon, in a western direction by the Dean Place, Sam Roper's, Moss Schoolhouse, Will Burroughs', Stone's Bridge, Milt Taylor's, M. T. Whitlow's, to the convict camp, approximately 9 miles, all in Franklin County. Road designated. Section 2. Be it further enacted by the authority aforesaid that the map showing the Highway Mileage between

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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. Map. 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 Neill-Traylor Act. Certificate. 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 January 17, 1938. FRANKLIN COUNTY ADDITION. No. 260. 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 Franklin County, 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 State Route No. 8 at Sanders Store leading in a western direction by the home of Judge Phillips, Meadow Bentenbo, H. B. Grizzle, Jona Phillips, D. E. Phillips, H. B. Roach, Luther Royston, Tom Royston, Worley Hansford, Jno. James, W. W. Phillips, Brays Store, Willie D. Phillips, John Cary, Roy Hart, Erwin Atkinson, River Side Church, crossing

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North Broad River at Atkinsons Bridge and leading by the home of Joe Phillips to the State Route No. 51 near the store of Edgar Phillips, a distance of about 14 miles, all in Franklin 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. Road described. Section 2. This bill shall not be mandatory and the road mentioned herein or any portion thereof 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 February 2, 1938. FRANKLIN COUNTY ADDITION. No. 262. 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 in Franklin County 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 a point on Royston to Middle River Road near the steel bridge on Middle River running in a southern direction and traversing a road by the homes of John Macomson, Obert Eason,

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W. C. Phillips, D. E. Phillips, Leo Phillips, H. W. James then in a southwestern direction by homes of Theodore Phillips, J. F. Phillips, L. S. McWhorter, Charley Higginbotham and Frank Parker intersecting with Road No. 106 near Hudson River, all in Franklin County, Georgia, approximately eight (8) miles. Road designated. 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. Map. Section 3. Be it further enacted, that this Bill shall be permissive only and the State Highway Board may certify this added mileage or any portion of the same as is provided in said Act of 1929. Certificate. Section 4. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 2, 1938. FRANKLIN COUNTY ADDITION. No. 267. An Act to amend an Act approved August 29, 1929 (Act 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 in Franklin County, 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 a point on Route No.

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106 at Sant Hickman's running in a western direction by the home of Mrs. Anna Brewer, Jewell Sewell and Ellis Vernor to State Route No. 59, near the home of Wilbon Davison, all in Franklin County, Georgia approximately three miles. Road designated. 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. Map. Section 3. Be it further enacted, that this Bill shall be permissive only and the State Highway Board may certify this added mileage or any portion of the same as is provided in said Act of 1929. Certificate. Section 4. Be it further enacted, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 2, 1938. FRANKLIN COUNTY ADDITION. No. 276. An Act to amend an Act approved August 29th, 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 in Franklin County,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 a point on Route No. 59 at Spear Forrester Store, then traversing a road in

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a western direction by J. P. Andrews, Culpepper's store, Asa Payne, Payne's store, Freeman Ayers, Dock Canady, Holman Segars, Double Churches, Fred Henson, John Ayers to Luther Means' store, a distance of approximately five (5) miles, all in Franklin County, Georgia. Road designated. 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 as described in section 1 as a part of the State Aid System of Georgia. Map. Section 3. Be it further enacted, that this bill shall be permissive only and the State Highway Board may certify this added mileage or any portion of the same as is provided in said Act of 1929. Certificate. Section 4. Be it further enacted, that all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved February 2, 1938. FRANKLIN COUNTY ADDITION. No. 280. An Act to amend an Act approved August 29, 1929 (Act 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 in Franklin County,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 a point on Route No. 17 in the southern portion of the Town of Martin and running

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in a southern direction by the homes of Matt Freeman, G. H. Dean, Jim Claridy, Ben Fagan, Rena Purdy, Joe Pitts, Will and Clarence Knox, John Wheeler, Luther Brown, Mrs. John Burroughs, by the Tom Beatty place to the Carnesville and Red Hill road near the home of Marian South, a distance of approximately six miles all in Franklin County, Georgia. Road designated. 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. Map. Section 3. Be it further enacted, that this bill shall be permissive only and the State Highway Board may certify this added mileage or any portion of the same as is provided in said Act of 1929. Certificate. Section 4. Be it further enacted, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 2, 1938. FRANKLIN COUNTY ADDITION. No. 283. An Act to amend an Act approved August 29, 1929, (Act 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 in Franklin County, 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

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by adding thereto a road beginning at a point at Allen's Church and traversing in a southeastern direction the old Carnesville and Toccoa Road by the homes of Ed Kelley, Charlie Adams, Bill Whiten, Q. Frederick, Q. Dillworth, Robert Oliver, Ed Aiken, P. W. Vandiver, Herschel Crump, Alex Terrell to Carnesville, a distance of approximately five (5) miles, all in Franklin County, Georgia. Road designated. 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. Map. Section 3. Be it further enacted, that this Bill shall be permissive only and the State Highway Board may certify this added mileage or any portion of the same as is provided in said Act of 1929. Certificate. Section 4. Be it further enacted, that all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved February 2, 1938. FRANKLIN COUNTY ADDITION. No. 322. An Act to amend an Act approved August 29, 1929, (Act 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 in Franklin County, 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

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highway mileage be, and the same is, hereby increased by adding thereto a road beginning at Plain View and traversing a road in a southern direction by Frank Richardson, Charlie Sewell, Mrs. Nora White, John Ariel, Betty Richardson, Hubert Parks, Will Mangum, Winchester Coker, intersecting with Route No. 59 at Crocket's Creek near Ashland, a distance of approximately two (2) miles, all in Franklin County, Georgia. Road designated. 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. Map. Section 3. Be it further enacted, that this Bill shall be permissive only and the State Highway Board may certify this added mileage or any portion of the same as is provided by law. Certificate. Section 4. Be it further enacted, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 7, 1938. FRANKLIN COUNTY ADDITION. No. 324. An Act to amend an Act approved August 29, 1929, (Act 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 in Franklin County, 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

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Highway mileage be, and the same is, hereby increased by adding thereto a road beginning at Pleasant Hill Church and traversing a road in a western direction by Mrs. W. I. Davis', J. A. Wilson, N. O. Price, to Davis' Store on Route No. 17 and then traversing No. 17 in a northern direction to the Chapplear place, then traversing a road in a southeasterly direction by E. B. Thomas, H. T. Harrison, J. E. Thomas, Goss Thomas, J. P. Aderhold, Tom Cheek, intersecting with No. 59 near Fairview, approximately 3 miles, all in Franklin County, Georgia. Road designated. 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. Map. Section 3. Be it further enacted, that this bill shall be permissive only and the State Highway Board may certify this added mileage or any portion of the same as is provided in said Act of 1929. Certificate. Section 4. Be it further enacted, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 7, 1938. FRANKLIN COUNTY ADDITION. No. 346. An Act to increase the mileage of the State Aid Road System of Roads by adding thereto a highway in Franklin County, in term of the law; 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 is provided for by chapter 95-17 of the Code of 1933, be and the same is hereby increased by adding

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thereto a highway in Franklin County beginning at Boyd Pattersons and traversing a road in a northeastern direction by the home of W. J. Patterson, crossing Mc-Entire's bridge Number 2 and by the home of John Henson's and by Adderhold and Bob Henson to Crawford's Store, a distance of approximately two and one half miles, all in Franklin County. Code, chapter 95-17. Road designated. Section 2. Be it further enacted that this bill shall be permissive only and the State Highway Board is authorized to certify the added mileage herein or any portion thereof as is provided by law. Certificate. Section 3. Be it further enacted, that all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved February 12, 1938. FULL-TIME SERVICECOMPENSATION. No. 371. An Act to provide that the members of the State Highway Board of Georgia shall devote their full time to the performance of the duties of their office; to fix the compensation of the members of said Board other than the Chairman thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of same that the members of the State Highway Board of Georgia shall, from and after the approval of this Act, devote their full time to the performance of the duties of their office. Devotion of full time. Section 2. Be it further enacted by the authority aforesaid that the members of the State Highway Board of Georgia, other than the Chairman thereof, shall, from and

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after the approval of this Act, receive as compensation for the performance of the duties of their office, the sum of $5,000.00 per annum each. Salaries of $5,000. Section 3. Provided however that no member of the Highway Board shall draw any expense account except when away from Atlanta on business for the department. Expense account. 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 16, 1938. FULTON COUNTYABANDONMENT OF PART. No. 146. An Act to discontinue, vacate, abandon, and close up a section of the public road known as the old Newnan-Atlanta road located in land lot 63, thirteenth district, Fulton County, Georgia. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of same: Section 1. From and after the passage of this Act that portion of the old Newnan-Atlanta road located in land lot 63, 13th district, Fulton County, Georgia, beginning at a point on said old Newnan-Atlanta Road, where the private driveway of the Sewell Hat Manufacturing Company intersects the old Newnan-Atlanta Road, which point is about two hundred seventy five (275) feet north of the present Route No. 14 State Highway, and about eleven hundred (1100) feet easterly of where said old Newnan-Atlanta road intersects Route No. 14, and running thence easterly about six hundred fifty (650) feet through the premises of the Sewell Hat Manufacturing Company, to the intersection of said old Newnan-Atlanta Road with a paved road known as the Washington or Newnan Road,

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is hereby declared to be discontinued, abandoned, vacated, and closed as a public road and said section is hereby declared to be no longer a public road of the State of Georgia. Part of Newnan-Atlanta road discontinued. Section 2. Be it further enacted by authority of the aforesaid that all laws or parts of laws in conflict with this law be and the same are hereby repealed. Approved January 13, 1938. FULTON COUNTY ADDITIONS. No. 156. An Act to amend an Act known as the Traylor-Neill Bill, approved August 20, 1929, and published in Georgia Laws 1929, beginning on Page 260, and having attached thereto a map, which map is known as the Traylor-Neill map so as to add to said map and the highway mileage of the State (at the option of the State Highway Department of Georgia) additional mileage in Fulton County, and to provide that Luckie Street from the intersection of Peachtree Street and Broad Street in the City of Atlanta to North Avenue thence Hemphill Avenue to the city limits where it connects with the State Highway Route to Marietta; also that part of Glenwood Avenue in the City of Atlanta from Moreland Avenue to Covington Road shall at the option of the State Highway Department be made a part of the State Aid Road System; 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

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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, to wit: Act of 1929 amended. (1) That portion of Luckie Street in the City of Atlanta from the point where it intersects with Peachtree Street northwesterly to North Avenue and thence Hemphill Avenue to the city limits and where said Hemphill Avenue joins the new State Highway Route to Marietta. Added mileage designated. (2) Also that part of Glenwood Avenue in the City of Atlanta from Moreland Avenue to Covington 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. No obligation. State-aid road.

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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 map, as provided by the said Traylor-Neill Bill, herein referred to. Purpose. 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 January 13, 1938. FULTON COUNTYHAPEVILLE ROAD. No. 161. 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 Acts of 1929 as the Traylor-Neill map, so as to add to said map a road known as the Hapeville Road, a public road, which will begin at a point in the County of Fulton, at or near the City of Hapeville on State Road No. 3, and extending easterly, or in an easterly direction, to a point at or near Conoly on State Road No. 42; to provide that the addition of said road on said map shall not require the payment of gasoline tax or maintenance by the State Highway Department of Georgia until said

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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 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 the Hapeville Road, said road commencing at a point on State Road No. 3 at or near a point just north of the point where the south line of Fulton County crosses State Road No. 3, just south of the City of Hapeville, running in an easterly direction to connect with Forest Road, then down Forest Road to a point near Murray Lake, thence in a southeasterly direction to a point at or near a point just south of Conoly on State Road No. 42, so as to form a connecting link or cut-off between State Road No. 3 and State Road No. 42, said road being approximately 4 miles in length. Added mileage described. 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 the 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 the 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. No obligation. State-aid road. 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 road is so designated by the State Highway Department of Georgia, said road

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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. Purpose. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved January 13, 1938. FULTON, FAYETTE, AND SPALDING COUNTIES. No. 22. 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 in Fulton County, Georgia, beginning at the intersection of Marietta Street and Spring Street in Atlanta and traversing said Marietta Street in a westerly direction.0811 miles to Bartow Street intersection, thence traversing Bartow Street in a northerly direction from Marietta Street intersection.1117 miles to Luckie Street intersection, thence extending Techwood Drive on the projection of axis of Techwood Drive from Luckie Street intersection.0498 miles to Cain Street intersection, thence traversing Techwood Drive in a northerly direction from Cain Street intersection.8004 miles to North Avenue intersection; 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 so as to add to said map a road in Fulton, Fayette and Spalding Counties beginning at the City of Fairburn

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on State Highway Route No. 14 and running through Fayette County by way of Tyrone, Aberdeen, Clover, Starr's Mill and Brooks to State Highway No. 16 at Digby in Spalding County, Georgia, a distance of approximately thirty-two miles; 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, 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 in Fulton County, beginning at the intersection of Marietta Street and Spring Street in Atlanta and traversing said Marietta Street in a westerly direction.0811 miles to Bartow Street intersection, thence traversing Bartow Street in a northerly direction from Marietta Street intersection.1117 miles to Luckie Street intersection, said Bartow Street to be widened on east side to a fifty foot street, thence extending Techwood Drive on the projection of axis of Techwood Drive, from Luckie Street intersection.0498 miles to Cane Street intersection, said extension of Techwood Drive, from Luckie Street to Cane Street, to be laid out, established, and constructed, thence traversing said Techwood Drive in a northerly direction from intersection of Cain Street.8004 miles to North Avenue, said Techwood Drive to be widened from Cain Street to Baker Street to a width of seventy feet, the total length of above described road when extended and connected being 1.043 miles and forming a connecting link between State Highways

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No. 14 and No. 8 and providing traffic relief on the State Highway along Spring Street, as per plat attached hereto and hereby made a part thereof. Act of 1929 amended. Road described. Section 2. 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 in which said roads are located, to receive its pro rata of the one-cent gasoline tax allocated to said county 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 Board of Georgia by appropriate action as now provided by law and a map, showing said roads thereon, be filed with the Secretary of State as now provided by law. No obligation. State-aid road. Section 2A. That said Act of the General Assembly and the map referred to in section 1 hereof be and the same are hereby amended by adding to and placing on said map as fully and completely as through originally drawn on said map, that certain road in Fulton, Fayette and Spalding Counties, beginning at the City of Fairburn in Fulton County, Georgia at State Highway No. 14 and running in a southerly direction by way of the towns of Tyrone, Aberdeen, Clover, Starr's Mill and Brooks, all in Fayette County, Georgia, to the town or city known as Digby in Spalding County, Georgia, and there intersecting State Highway No. 16, a distance of approximately thirty-two miles. Road described. Section 3. 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 roads hereinabove described as State Aid Roads; and if and when said roads are so designated by said State Highway Department of Georgia, said roads shall be deemed in all respects

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as a part of the State Highway System of State Aid Roads; provided that said roads 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. Purpose. State-aid road. Section 4. That all laws and parts of laws in conflict herewith are hereby repealed. Approved December 14, 1937. FUNDS AVAILABLE FOR STATED USES. No. 410. An Act to authorize the State Highway Board of Georgia to use any funds available to them for the purpose of matching any Federal Funds which are now or may become available to them for building and constructing Rural Post-Roads, farm-to-market roads, or secondary roads; and for the purpose of improving said roads; to provide a repealing clause; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same as follows: That the State Highway Board of Georgia shall transfer a sufficient amount of any funds available to them, to the Rural Post-Roads Division of Georgia for the purpose of matching all available Federal Funds authorized by the Federal Government to be expended in Georgia in building and constructing Rural Post-Roads, farm-to-market roads, and/or secondary roads. Provided, however, said State Highway Board within its discretion may, after providing for the State Aid System of Highways, from time to time transfer such other funds

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as may be available to them, to the Rural Post-Roads Division of Georgia to be expended in accordance with existing laws. Transfer of funds to match Federal funds. Section 2. Be it enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 16, 1938. GILMER, FANNIN, AND UNION COUNTIES. No. 175. 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 at Cartecay Methodist Church in Gilmer County on State Highway Route No. 43, and extending in a northeasterly direction through said County of Gilmer by way of Double Head Gap near the line between the Counties of Gilmer and Fannin, and extending from said point in said northeasterly direction to Dial Post Office in Fannin County, and extending from said Dial Post Office in Fannin County in said northeasterly direction through said County of Fannin up Skeniah Creek to Skeniah Gap, which is located on the line between the Counties of Fannin and Union, and extending from said Skeniah Gap through the County of Union in said northeasterly direction to where it intersects with State Highway Route No. 5, at a point where said route crosses Young Cane Creek, the approximate distance of said proposed highway being twenty-eight miles; 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. 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 Cartecay Methodist Church in Gilmer County, on State Highway Route No. 43, and extending in a northeasterly direction through said County of Gilmer by way of Double Head Gap near the line between the Counties of Gilmer and Fannin, and extending from said point in said northeasterly direction to Dial Post Office in Fannin County, and extendng from said Dial Post Office in Fannin County in said northeasterly direction through said County of Fannin up Skeniah Creek to Skeniah Gap, which is located on the line between the Counties of Fannin and Union, and extending from said Skeniah Gap through the County of Union in said northeasterly direction to where it intersects with State Highway Route No. 5, at a point where said route crosses Young Cane Creek, the approximate distance of said proposed highway being twenty-eight miles. Act of 1929 amended. Road described. 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

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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. No obligation. State-aid road. 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 at Cartecay Methodist Church in Gilmer County on State Highway Route No. 43, and extending in a northeasterly direction through said County of Gilmer by way of Double Head Gap near the line between the Counties of Fannin and Gilmer, and extending from said point in said northeasterly direction to Dial Post Office in Fannin County, and extending from said Dial Post Office in Fannin County in said northeasterly direction through said County of Fannin up Skeniah Creek to Skeniah Gap, which is located on the line between the Counties of Fannin and Union, and extending from said Skeniah Gap through the County of Union in said northeasterly direction to where it intersects with State Highway Route No. 5, at a point where said route crosses Young Cane Creek, the approximate distance of said proposed highway being twenty-eight miles, 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. Purpose.

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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 January 17, 1938. GLASCOCK AND McDUFFIE COUNTIES. No. 332. 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 Gibson and intersecting via Steep-Hollow with Route No. 17 between Thomson and Wrens, Georgia, a distance of approximately eleven miles (11); 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 in Gibson and intersecting via Steep-Hollow with Route

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No. 17 between Thomson and Wrens, Georgia, a distance of approximately eleven (11) miles. Act of 1929 amended. Road designated. 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. No obligation. State-aid road. 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 Gibson, as aforesaid, as a State Aid Road when so designated to have such status and to be accorded such rights as State Aid Roads heretofore adopted and designated. Purpose. 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 February 7, 1938. GLYNN COUNTY ADDITION. No. 14. 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, page 260 to 268 inclusive of the

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year 1929, and including the map made a part thereto, and known as the Traylor-Neill Bill, so as to add to said map a road from a point twelve (12) miles north of Brunswick on State Route 25, the Coastal Highway, near Broadfield, to a point on State Route 27 near Sterling, a distance of seven (7) miles; and from a point on State Route No. 32 near Anguilla to a point on State Route No. 50 near Brookman, a distance of seven (7) miles; to provide that the addition of said road on this 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 the authority of the same, that that certain Act of the General Assembly of the State of Georgia, pages 260 to 268 inclusive of the year 1929, together with a map opposite page 268 of said Acts of the year 1929, be and the same is hereby amended by adding to and placing on said map, as fully and completely as though originally appearing on said map that certain road from a point twelve (12) miles north of Brunswick on State Route 25, the Coastal Highway, near Broadfield to a point on State Route 27 near Sterling, a distance of seven (7) miles; and from a point on State Route No. 32 near Anguilla to a point on State Route No. 50 near Brookman, a distance of seven (7) miles. Act of 1929 amended. Road designated. Section 2. Be it further enacted by the authority aforesaid, that by the addition of said road on this map there arises no obligation to the State of Georgia or to 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)

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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, as said map filed with the Secretary of the State as provided by law. No obligation. State-aid road. 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 Traylor-Neill Act, but shall be in addition thereto. No part of 500-mile addition. 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 December 14, 1937. GWINNETT AND BARROW COUNTIES. No. 196. An Act to increase the State Aid System of Public Roads or Highways by the additions thereto of a road to be known as the Thompson Mill-Buford Road, beginning at or near Thompson Mill and running in a westerly direction by way of Puckett's Cross Roads to Buford, Georgia, and connecting with the Buford-Cumming Highway in the City of Buford, Georgia, the distance of said road being approximately twelve (12) miles, less than a mile of said road is in Barrow County, Georgia, and the remainder of which is in Gwinnett 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

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by adding thereto a road to be known as the Thompson Mill-Buford Road, beginning at or near Thompson Mill in Barrow County, and running in a westerly direction by way of Puckett's Cross Roads approximately twelve (12) miles to and connecting with the Buford-Cumming Highway in the City of Buford, Georgia, less than a mile of said road being in Barrow County, Georgia, and approximately eleven miles of which is in Gwinnett County, Georgia. Code, 95-17. Road designated. 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 road described in section 1 hereof. Maps. 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 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 State Aid Road by the State Highway Department of Georgia by appropriate action as now provided by law and maps showing said road thereon, be filed with the Secretary of State as now provided by law. No obligation. 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 January 17, 1938.

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GWINNETT COUNTY ADDITIONS. No. 242. An Act to amend an Act popularly known as the Traylor-Neill Bill approved August 20, 1929, and published in Georgia Laws of 1929 beginning on pages 260 through 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 Georgia Laws of 1929, so as to add to said map and to said highway mileage of the State (at the option of the State Highway Department of Georgia) additional mileage in Gwinnett County; being a continuation of State Route No. 120 east and beginning where the road leading south from Holcomb Bridge crosses the continuation of Route No. 120 east as described in the Act approved in subparagraph 2 of section 1 of the Act approved March 18, 1937 (which Act is published in Georgia Laws of 1937 beginning on page 986), and continuing in said Gwinnett County to a point on State Route No. 13. Section 1. 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 (at the option of the State Highway Department) and placing on said map, and amending the same accordingly, as fully and completely as though originally drawn on said map the following additional road mileage in Gwinnett County, to wit: Act of 1929 amended.

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By continuing State Route 120 as said continuation of said State Route 120 east, described in a certain Act of the General Assembly of the State of Georgia approved March 18, 1937, and published in Georgia Laws of 1937, beginning on page 986 and as set out in subparagraph 2 of section 1 of said Act, and beginning at a point where said continuation as so described crosses the road leading south from Holcomb Bridge in said county; from said beginning point continuing southeasterly to Norcross, Georgia, to a point on, and intersecting with State Route No. 13, said road covering a distance of approximately three miles. Roads described. (2) By continuing State Route No. 120 as said continuation of said State Route No. 120 east, described in a certain Act of the General Assembly of the State of Georgia approved March 18, 1937, and published in Georgia Laws of 1937, beginning on page 986 and as set out in subparagraph 2 of section 1 of said Act, and beginning at a point where said continuation as so described crosses the road leading south from Holcomb Bridge in said county; from said beginning point continuing in an easterly direction, near or by way of Old Pinkneyville and Mount Carmel Church to point, on, and intersecting with State Highway No. 13, at, or near Pittman, said road covering a distance of approximately five miles. 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,

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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 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. No obligation. State-aid road. 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. Purpose. 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 January 25, 1938. HABERSHAM AND RABUN COUNTIES. No. 197. 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 certain road beginning at and on the hardsurface road running from Baldwin, Georgia, to Clayton, Georgia, at a filling

Page 549

station on top of a hill approximately one-half mile south of Demorest, Georgia, and from said point thence running in a southwesterly direction by Clements' orchard, Shore's store, Yonah Orchard, Lindsey Garner's and thence to the Habersham County line, a distance of approximately ten miles, all in Habersham 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. 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 and on the hardsurface road running from Baldwin, Georgia, to Clayton, Georgia, at a filling station on top of a hill approximately one-half mile south of Demorest, Georgia, and from said point thence running in a southwesterly direction by Clements' orchard, Shore's store, Yonah Orchard, Lindsey Garner's and thence to the Habersham County line, a distance of approximately ten miles, all in Habersham County. Act of 1929 amended. Road designated. 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 550

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. No obligation. State-aid road. 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 and on the hardsurface road running from Baldwin, Georgia, to Clayton, Georgia, at a filling station on top of a hill approximately one-half mile south of Demorest, Georgia, and from said point thence running in a southwesterly direction by Clements' orchard, Shore's store, Yonah Orchard, Lindsey Garner's and thence to the Habersham County line, a distance of approximately ten miles, all in Habersham County, 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. Purpose. 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 January 17, 1938. HALL AND FORSYTH COUNTIES. No. 142. An Act to amend the Act approved March 24, 1933, as published in Georgia Laws of 1933, pages 176-178, which Act designates and adds State Aid Road Mileage

Page 551

to the Highway System of Georgia, by striking and repealing in lines 32 and 33 of section 1 of said Act the words by way of Brown's bridge and inserting in lieu thereof the words by way of Keith's bridge and Chestatee Consolidated School; 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 March 24, 1933, designating and adding additional State Aid Road Mileage to the State Highway System be and the same is hereby amended by striking the words by way of Brown's bridge in lines 32 and 33 of section 1 of said Act, and inserting in lieu thereof the words Chestatee Consolidated School, the purpose of this amendment being to provide that said road designated and added to the State Aid Road Mileage by the Act of March 24, 1933, shall begin at the City of Gainesville, Hall County, and run by way of Chestatee Consolidated School to the City of Cumming, Forsyth County, rather than by way of Brown's bridge to the City of Cumming, Forsyth County. Act of 1933 amended. Route of road changed. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved January 13, 1938. HANCOCK COUNTY ADDITION. No. 325. 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 designated in said Act of 1929 as the Traylor-Neill map, so as to add to said map that certain road in Hancock County, Georgia, described as beginning at the intersection of the new Sparta and Sandersville Highway with the old Sparta and Sandersville

Page 552

public road, which is also the Sparta-Shoals Road, at the residence of J. D. Gilmore, two and two tenths miles east of the Hancock County courthouse, and running from said point along the present Sparta and Shoals public road, to the Shoals of the Ogeechee, a distance of eleven and six tenths 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 Hancock County, Georgia, described as beginning at the intersection of the new Sparta and Sandersville Highway with the old Sparta and Sandersville public road, which is also the Sparta-Shoals Road, at the residence of J. D. Gilmore, two and two tenths miles east of the Hancock County courthouse, and running from said point along the present Sparta and Shoals public road, to the Shoals of the Ogeechee, a distance of eleven and six tenths miles. Act of 1929 amended. Road described. 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 553

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. No obligation. State-aid road. 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 as beginning at the intersection of the new Sparta and Sandersville Highway with the old Sparta and Sandersville public road, which is also the Sparta-Shoals Road, at the residence of J. D. Gilmore, two and two tenths miles east of the Hancock County courthouse, and running from said point along the present Sparta and Shoals public road, to the Shoals of the Ogeechee, a distance of eleven and six tenths 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. 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 February 7, 1938. HARRIS, MERIWETHER, TALBOT, UPSON, AND PIKE SCENIC HIGHWAY. No. 63. An Act to amend an Act approved August 29, 1929 (Acts of 1929, pages 260-268, inclusive, and including the map between page 268 and page 269); to repeal

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an Act approved March 29, 1937 (Acts of 1937, pages 1069-1070, inclusive); to create a scenic highway in Harris, Meriwether, Talbot, Upson, and Pike Counties, to be known as the Pine Mountain State Parkway, approximately forty-five (45) miles in length; to provide for the addition of the said Pine Mountain State Parkway to the State Aid Highway Mileage of the State, which addition shall not be considered as a part of the five hundred (500) additional miles allowed in the aforesaid Act of 1929; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: Section 1. That the Act approved March 29, 1937 (Acts of 1937, pages 1069-1070), to designate a scenic highway in Harris, Meriwether, and Talbot Counties be and the same is hereby repealed. Act of 1937 repealed. Section 2. That the Act approved August 29, 1929 (Acts of 1929, pages 260-268, inclusive, and including a map between pages 268 and 269), be amended, and the same is hereby amended so as to add to the highway mileage, and to place upon said map, a scenic highway running from State Highway No. 1 at Tip Top in Harris County on or along the ridge of Pine Mountain across the Pine Mountain State Park to an intersection with State Highway No. 85, known as the Franklin D. Roosevelt Highway, near Warm Springs; thence continuing on or along the said ridge to an intersection with State Highway No. 41, near Manchester; thence continuing on or along the said ridge to an intersection with State Highway No. 74, near Crest; and thence on or along the Pine Mountain range projected, that is, on or along the ridge of mountains locally known as Saller Mountain, Bulls Trail Mountain, and Indian Grave Mountain, to a junction with State Highway No. 3, near Thomaston; the same being approximately forty-five

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(45) miles long and lying in Harris, Meriwether, Talbot, Upson, and Pike Counties; and the same shall be known as the Pine Mountain State Parkway. Act of 1929 amended. Scenic highway described. Known as Pine Mountain State Highway. Section 3. 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 scenic highway described in Section 2 as the Pine Mountain State Parkway 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; and if and when the said Pine Mountain State Parkway shall be so designated by the State Highway Department of Georgia, the said parkway shall not be considered as a part of the five hundred (500) additional miles allowed in addition to the mileage shown on the map referred to aforesaid as forming a part of the Act of August 29, 1929. Purpose. State-aid road. Section 4. That all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved December 24, 1938. HEARD COUNTY ADDITIONS. No. 200. 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 Franklin and running northwesterly to Loftin, a distance of approximately twelve (12) miles, thence from Loftin to Pope's Store, a distance of approximately two (2) miles, thence from Pope's Store westerly

Page 556

to the Alabama Line, a distance of approximately three (3) miles, the total distance of the said road being approximately seventeen (17) miles and the entire said road being in Heard County; also the road beginning at Glenn and running in a northerly direction into State Route No. 34, a distance of approximately five (5) miles, all of said road being in Heard 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 Franklin and running northwesterly to Loftin, a distance of approximately twelve (12) miles, thence from Loftin to Pope's Store, a distance of approximately two (2) miles, thence from Pope's Store westerly to the Alabama Line, a distance of approximately three (3) miles, the total distance of the said road being approximately seventeen (17) miles and the entire said road being in Heard County; also the road beginning at Glenn and running in a northerly direction into State Route No. 34, a distance of approximately five (5) miles, all of said road being in Heard County, Georgia. Act of 1929 amended. Road designated. 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 557

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 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. No obligation. State-aid road. 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 Franklin and running northwesterly to Loftin, a distance of approximately twelve (12) miles, thence from Loftin to Pope's Store, a distance of approximately two (2) miles, thence from Pope's Store westerly to the Alabama Line, a distance of approximately three (3) miles, the total distance of the said road being approximately seventeen (17) miles and the entire said road being in Heard County; also the road beginning at Glenn and running in a northerly direction into State Route No. 34, a distance of approximately five (5) miles, all of said road being in Heard 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. Purpose. 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 January 17, 1938.

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HIGHWAY PATROLJURISDICTION ON VIOLATIONS. No. 383. An Act to define and enlarge the jurisdiction of Courts of Ordinary, in those counties having no City Courts or County Courts, and of Municipal Courts, Police Courts, so as to enable such courts to dispose of misdemeanor cases arising under the provisions of the Act approved March 19, 1937, commonly called the Georgia State Highway Patrol Act of 1937, which is the Act creating A Department of Public Safety, as found on pages 322-355 of Georgia Laws for the year 1937, and to enable such courts to dispose of other offenses relating to traffic upon the public roads, streets and highways of this State wherein the penalty for the offense does not exceed that of a misdemeanor; to provide the manner in which a defendant shall be brought before said courts and the procedure therein; to provide what costs shall be charged and collected in said courts; to provide the manner of disposing of cases brought before the courts named, for keeping of a record and disposition of the fines collected; to provide for appeal from the decisions of such courts; pursuant to an amendment to the Constitution of Georgia ratified on June 8, 1937, and to be found in Georgia Laws 1937, pages 1116-1118, inclusive, as published, 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 the jurisdiction of the Courts of Ordinary, of Municipal Courts and Police Courts of the incorporated towns and cities of this State, are hereby enlarged and extended so that said courts, acting by and through the judge or presiding officer thereof, shall have the right and power

Page 559

to conduct trials, receive pleas of guilty and impose sentence upon defendants violating the penal provisions of the Act approved March 19, 1937, known as the Georgia State Highway Patrol Act, or the Act Creating a Department of Public Safety for Georgia, as found at pages 322-355, inclusive, of the published volume of Georgia Laws 1937, and upon defendants violating any and all other criminal laws of this State relating to traffic upon the public roads, streets and highways of said State where the penalty for the offense does not exceed that of the grade of misdemeanor, in the manner required by law. Jurisdiction of courts extended. Trials, pleas, sentences, etc. Act of 1937. Section 2. 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 in incorporated cities and municipal court judges, for offenses arising within their respective jurisdiction. Court of Ordinary. Section 3. Be it further enacted that all Municipal Courts and Police Courts shall have jurisdiction to dispose of misdemeanor cases as provided by this Act which arise within the territorial limits of their respective jurisdictions, as now or hereafter fixed by law. The term Police Courts shall be construed to include Mayor's Court or Recorder's Court, or like Municipal Court by whatever names called. Municipal and police courts. Section 4. Be it further enacted that no court defined in this Act shall have the power to dispose of misdemeanor cases as herein provided, except the defendant shall first waive in writing a trial by jury. If defendant shall wish a trial by jury, he shall notify the court, and if reasonable

Page 560

cause exists he shall be immediately bound over to the court in such county having jurisdiction to try the offense wherein a jury may be empaneled. Waiver of jury trial. Section 5. Be it further enacted that the following schedule of costs shall apply in any case disposed of under this Act: Costs. Arresting officer the same costs as now allowed in Superior Court. Warrant if issued $ 1.25 Entering case on docket, receiving plea or holding trial and imposing sentence for entire service 3.00 In case a defendant demands a trial by jury and is bound over to another court the costs shall await the final disposition of the case. Section 6. Be it further enacted that an indictment or accusation shall not be required against a defendant under this Act, but a summons specifically setting out the charge shall be issued and the court shall keep a docket on which shall be plainly kept the name and address of the defendant, the nature of the offense in brief, the date when brought before the court, and the final disposition of the case with the date thereof. Such docket shall be the same in each Court of Ordinary handling these cases, and on a form to be prescribed by the Department of Law of the State of Georgia, and such dockets shall be paid for from the treasury of the county in which such courts may be located; Police and Municipal Courts may use the dockets ordinarily in use by them in the trial of other cases, or, in the discretion of the court adopt the docket provided above for Courts of Ordinary. Summons. Dockets. Form. Payment. Section 7. Be it further enacted that the defendants who shall plead guilty or who shall be convicted under this Act shall be required to serve such sentence in such

Page 561

manner as is now provided for by the law of this State in misdemeanor cases, and in case of fine is imposed and paid, the officers of court (where on fee basis) shall be first paid their costs arising in such case, and after the payment of all costs, the remainder of such fine or fines shall be paid into the county treasury in the event the case is disposed of by the Court of Ordinary, and if the said case be disposed of by the Municipal Court or Police Court of an incorporated municipality, the remainder of such fine or fines shall be paid into the treasury of such municipality wherein such court is located. Except that where such courts have jurisdiction beyond the corporate limits of a municipality, and the offense occurs outside of such municipality, the fine shall be paid into the county treasury. The payment of such fines by the courts named herein to either the county treasury or treasury of the municipality shall be made within twenty-four hours after collection, and the officer making such payment shall be given a written receipt by the treasurer receiving the same. No officer receiving a salary shall receive any fees for arresting or attending court in any case arising under this Act, but the usual fees shall be assessed and if the arresting officer is not entitled to the cost, the same shall go to the county or city to which the fine is paid. Sentences. Costs. Fines. Fees. Section 8. Written record is hereby required to be kept of every case made or disposed of under this Act and such record shall be accessible at all times for public inspection, and official audit, and shall be kept and remain as a part of the permanent records of such court. Record for inspection. Section 9. That State Highway patrolmen and any officer of this State, or of any county or municipality thereof having authority to arrest for a criminal offense of the grade of misdemeanor shall have authority to prefer charges and bring offenders to trial under this Act, provided that officers of an incorporated municipality

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shall have no power to make arrests beyond the corporate limits of such municipality, unless such jurisdiction is given by local or other laws. Arrests. Section 10. In case of a conviction of any defendant in the courts named in this Act he shall have the right of appeal to the Superior Court. The appeal shall be entered as appeals are now entered from the Court of Ordinary to the Superior Court provided that the defendant shall be entitled to bail and shall be released from custody upon giving the bond as is provided for appearances in criminal cases in the courts of this State, and such bond shall have the conditions as now appear in appearance bonds in criminal cases. The hearing in the Superior Court shall be a de novo investigation and all proceedings shall be as is now provided by law. Appeals. Bail. Hearing. Section 11. The ordinaries shall have exclusive jurisdiction of all cases originating in the county, outside of municipal corporations, and the judge of recorder's court in each municipal corporation shall have exclusive jurisdiction of cases originating inside the corporate limits of municipalities. This section shall not apply to those counties having City Courts or County Courts. Jurisdiction. Section 12. 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 16, 1938. HOUSTON COUNTY ADDITION. No. 27. An Act to amend an Act entitled Highway Mileage as the same appears in Acts of Georgia Legislature, pages 260-268, and including map opposite page 268, of the said Acts of 1929; said Act to be amended being

Page 563

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 Houston County beginning at the Perry-Jeffersonville Highway in the village of Kathleen and extending north through the Towns of Bonaire, Wellston and Elberta a distance of twelve and one half miles to the Bibb County line; 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 a 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 Houston County beginning at the Perry-Jeffersonville Highway in the village of Kathleen and extending north through the Towns of Bonaire, Wellston and Elberta a distance of twelve and one half miles to the Bibb County line. Act of 1929 amended. Road designated. 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. No part of 500-mile addition. Section 3. That there shall be no obligation upon the State Highway Department of Georgia for the maintenance

Page 564

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. State-aid road. Section 4. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved December 14, 1938. JASPER, NEWTON, AND BUTTS COUNTIES. 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 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 Monticello, Jasper County, Georgia, running via Bethel, Mechanicsville and Waters Bridge to Stewart, Georgia, in Newton County, intersecting with Route No. 72, a distance of approximately 13 miles; also that road or route from Eudoro, on Route No. 11 in Jasper County via Mechanicsville and Jackson Dam to Bridge on Route No. 16 in Butts County, Georgia, a distance of 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; 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 565

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 Monticello, Jasper County, Georgia, running via Bethel, Mechanicsville, and Waters Bridge to Stewart, Georgia, in Newton County, intersecting with Route No. 72, a distance of approximately 13 miles; also that road or route from Eudoro, on Route No. 11 in Jasper County via Mechanicsville and Jackson Dam to Bridge on Route No. 16 in Butts County, Georgia, a distance of nine miles. Act of 1929 amended. Road designated. 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. No obligation. State-aid road. 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 in Monticello, Jasper County, Georgia, running via Bethel, Mechanicsville and Waters Bridge to Stewart, Georgia,

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Newton County, intersecting with Route No. 72, a distance of approximately 13 miles; also that road or route from Eudoro on Route No. 11 in Jasper County via Mechanicsville and Jackson Dam to Bridge on Route No. 16 in Butts County, Georgia, a distance of nine miles; 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. Purpose. 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 February 5, 1938. JEFFERSON AND BURKE COUNTIES. No. 198. An Act to amend an Act entitled Highway Mileage as same appears in the 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 leading from Wrens in Jefferson County, Georgia, to intersect with the road leading from Keysville to St. Clair in Burke County, Georgia, said road beginning at Wrens, Georgia, and proceeding along the old G. and F. Railroad right of way to Matthews, Georgia, and thence from Matthews, Georgia, by the Consolidated School, thence to the home of A. J. Eason and on to intersect with the Keysville and St. Clair road 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 formally designated as a State Aid Road, by the State Highway Board of Georgia, and for other purposes.

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Section 1. Be it enacted by the authority of the General Assembly of the State of Georgia, and it is hereby enacted by 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 the map opposite page 268 of said Acts of 1929, be and the same is hereby amended as fully and completely as though drawn on said map a certain road leading from Wrens in Jefferson County, Georgia, to intersect with the road leading from Keysville to St. Clair in Burke County, Georgia, said road beginning at Wrens, Georgia, and proceeding along the old G. and F. Railroad right of way to Matthews, Georgia, and thence from Matthews by the Consolidated School to the home of A. J. Eason and thence on to intersect with the Keysville and St. Clair Road. Act of 1929 amended. Road designated. 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. No obligation. State-aid road. 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 Wrens in Jefferson County, Georgia, to intersect with the road leading from Keysville to St. Clair in

Page 568

Burke County, Georgia, said road beginning at Wrens, Georgia, and proceeding along the old G. and F. Railroad right of way to Matthews, Georgia, and thence from Matthews by the Consolidated School to the home of A. J. Eason and thence on to intersect with the Keysville and St. Clair Road, 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. Purpose. Section 4. Be it enacted, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved January 17, 1938. JEFFERSON COUNTY ADDITION. No. 190. 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 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, by adding a road leading from Wrens in Jefferson County, Georgia, to Highway No. 17, known as the Louisville and Thomson road, so as to intersect with Highway No. 17 at the Warren County Line; to provide for 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 actions, and for other purposes.

Page 569

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 in 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 originally drawn on said map, a certain road leading from Wrens in Jefferson County, Georgia, to State Highway No. 17, known as the Louisville and Thomson road, so as to intersect with Highway No. 17, known as the Louisville and Thomson road, at the Warren County line. Act of 1929 amended. Road designated. 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. No obligation. State-aid road. 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 Wrens in Jefferson County, Georgia, to Highway No. 17, known as the Louisville and Thomson road, so as to intersect with Highway No. 17 at the Warren County Line; as a State Aid Road; and if and when said road is so designated by said State Highway Department

Page 570

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. Purpose. Section 4. Be it enacted that all laws and parts of laws in conflict herewith are hereby repealed. Approved January 17, 1938. JEFFERSON COUNTY ADDITION. No. 348. 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 in Jefferson County, Georgia, beginning at Federal Highway Number One (1) at a point known as Paterson's Bridge, and proceeding in a southerly direction to Matthews, Georgia, in said 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 Board 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

Page 571

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 in Jefferson County, Georgia, beginning at Federal Highway Number One (1) at a point known as Patterson's Bridge, and proceeding in a southerly direction to Matthews, Georgia, in said Jefferson County, Georgia. Act of 1929 amended. Road designated. 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 Board 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 (1c) gasoline tax allocated to said county as to said road thereby added on said map, unless and until said road is formally desigated 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. No obligation. State-aid road. 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 to legally designate said road in Jefferson County, Georgia, beginning at Federal Highway Number One (1) at a point known as Patterson's Bridge, and proceeding in a southerly direction to Matthews, Georgia, in said Jefferson County, as a State Aid Road; and if and when said road is so designated by said State Highway Board of Georgia, said road shall not be considered a part of the five hundred (500) additional miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill. Purpose. Section 4. Be it further enacted that all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved February 12, 1938.

Page 572

JOHNSON AND EMANUEL COUNTIES. No. 199. 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 connecting with State Highway No. 57, known as the Bee Line Highway, approximately eight (8) miles east of Wrightsville and the Isham Stephens place in Johnson County, and running a southeasterly direction through the Town of Meeks in Johnson County, and connecting with Federal Highway No. 80 approximately one and one-half miles east of Adrian in Emanuel County a distance of approximately twelve (12) miles; to provide that the additions of said road to said map shall not require payment of gasoline tax or maintenance by the State Highway Department until such time as the road is formally designated as a State Aid Road by the State Highway Board of Georgia; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that certain Act of the Georgia Legislature known as the Traylor-Neill Bill, together with the map attached thereto, as said Bill appears in the Acts of the Georgia Legislature of 1929, pages 260-268, together with the map opposite page 268 of said Acts of 1929, be and the same is hereby amended by adding to and placing on said map, as fully and completely as though drawn on said map, that certain road connecting with State Highway No. 57, known as the Bee Line Highway, approximately eight (8) miles east of Wrightsville at the Isham Stephens place in Johnson County and running

Page 573

in a southeasterly direction through the Town of Meeks in Johnson County and connecting with Federal Highway No. 80, approximately one and one-half (1) miles east of Adrian in Emanuel County, a distance of approximately twelve (12) miles. Act of 1929 amended. Road designated. 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 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 its 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. No obligation. State-aid road. 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 No. 57, approximately eight (8) miles east of Wrightsville at the Isham Stephens place in Johnson County and running through the Town of Meeks in Johnson County and connecting with Federal Highway No. 80, approximately one and one-half (1) miles east of Adrian in Emanuel County, a distance of approximately twelve (12) miles 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. Purpose. Section 4. Be it enacted, that all laws and parts of laws in conflict with this Act are hereby repealed. Approved January 17, 1938.

Page 574

JONES COUNTY ADDITION. No. 388. 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 designated in said Act of 1929 as the Traylor-Neill map, so as to add to said map that certain road in Jones County, Georgia, described as beginning at a point about 4 miles from Gray on State Highway No. 44 (Gray-Eatonton Road) and running 4.7 miles to Haddock, thence 7.3 miles to James, thence 1.8 miles to State Highway known as the Garrison Road, all of the said road being in Jones County and being approximately 11.8 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 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 Jones County, Georgia, described as beginning at a point about 4 miles from Gray on State Highway No. 44 (Gray-Eatonton Road) and running 4.7 miles to Haddock,

Page 575

thence 7.3 miles to James, thence 1.8 miles to State Highway known as the Garrison Road, all of the said road being in Jones County and being approximately 11.8 miles in length. Act of 1929 amended. Road described. 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. No obligation. State-aid road. 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 as beginning at a point about 4 miles from Gray on State Highway No. 44 (Gray-Eatonton Road)and running 4.7 miles to Haddock, then 7.3 miles to James, thence 1.8 miles to State Highway known as the Garrison Road, all of the said road being in Jones County and being approximately 11.8 miles in length, 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. Purpose. 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 February 16, 1938.

Page 576

LEE AND SUMTER COUNTIES. No. 64. 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 Leesburg, Lee County, Georgia and running in a northeasterly direction to Leslie, Sumter County, Georgia, a distance of approximately thirteen and five-tenths (13.5) miles in Lee County and a distance of approximately three and five-tenths (3.5) miles in Sumter County, a total of seventeen (17) 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 beginning in Leesburg, Lee County, Georgia, and running in a northeasterly direction to Leslie, Sumter

Page 577

County, Georgia, a distance of approximately thirteen and five-tenths (13.5) miles in Lee County and a distance of approximately three and five-tenths (3.5) miles in Sumter County, a total of seventeen (17) miles. Act of 1929 amended. Road designated. 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. No obligation. State-aid road. 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 Leesburg, Georgia, and running in a northeasterly direction to Leslie, 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. Purpose. 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 December 24, 1938.

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LIBERTY AND McINTOSH COUNTIES. No. 177. An Act to amend an Act entitled Highway Mileage, as the same appears in the Acts of the General Assembly of Georgia, pages 260 to 268, inclusive, of the year 1929, and including the map made a part thereof, so as to add to said map a road or highway leading from a point in, at, or near Allenhurst on State Highway No. 38 in Liberty County, to a point on the Coastal Highway between Eulonia and Darien in McIntosh County; to provide that the addition of said road or highway shall not require payment of gasoline taxes, or maintenance until said road or highway is formally designated as a State Aid Road by the Highway Department; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Act of the General Assembly of 1929 (Ga. Laws, 1929, pages 260-268) known as the Neill-Traylor Act, be and the same is hereby amended by adding to and placing on said map, as fully and completely as if originally appearing on said map made a part of said 1929 Act, a certain road or highway, which shall begin at a point at, in, or near Allenhurst in Liberty County, Georgia, on State Highway No. 38, and lead in a general southerly or southeasterly direction approximately twenty-nine (29) miles to a point on the Atlantic Coastal Highway known as State Highway No. 25, between Eulonia and Darien in McIntosh County, Georgia. Act of 1929 amended. Road designated. Section 2. Be it further enacted by the authority aforesaid, that the addition of said road and mileage shall not obligate the Highway Department of Georgia to either maintain said road, or pay to any county through or in which said road may be located,any pro rata of the gasoline tax funds, until such time as said road is formally

Page 579

designated as a State Aid Road or a part of the Highway System of Georgia, by action of the said State Highway Board of Georgia. No obligation. State-aid road. Section 3. Be it further enacted by the authority aforesaid, that if and when said road is formally designated as a State Aid Road or a portion of the State System of Highways, said road shall not be considered as a part of the 500 additional miles allowed in addition to the mileage as provided in said 1929, Act but shall be in addition thereto. No part of 500-mile addition. 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 January 17, 1938. LINCOLN AND COLUMBIA 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 Pleasant Grove Church in Lincoln County about three (3) miles southeast of Lincolnton, Georgia, on State Route No. 47, and running to the intersection of State Route No. 104 at Little Mountain in Columbia County by way of Four Points and Double Branches, said road now known as the old Petersburg Road, a distance of approximately twenty (20) miles; to provide that the addition of said road on said map shall not require payment of gasoline tax or maintenance by the State Highway Department of

Page 580

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 Pleasant Grove Church in Lincoln County about three (3) miles southeast of Lincolnton, Georgia, on State Route No. 47 and running to the intersection of State Route No. 104, at Little Mountain in Columbia County by way of Four Points and Double Branches, said road now being known as the Old Petersburg Road, a distance of approximately twenty (20) miles. Act of 1929 amended. Road designated. 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. No obligation. State-aid road.

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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 legally to designate the road described in section 1 of this Act extending from Pleasant Grove Church in Lincoln County, about three (3) miles southeast of Lincolnton, Georgia, on State Route No. 47 to the intersection of State Route No. 104 at Little Mountain in Columbia County by way of Four Points and Double Branches, said road now being known as the Old Petersburg Road, a distance of approximately twenty (20) 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. Purpose. 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 February 2, 1938. LINCOLN COUNTY ADDITION. No. 265. 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 Lisbon in Lincoln County, Georgia, on State Route No. 79, via W. Joe Herren's Store, Beulah Church, Delhi, to intersect with State Route No. 17 at Tignall, Georgia, a distance of approximately twelve (12) miles, to provide that the addition of said road on said map shall not require payment of gasoline

Page 582

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 Lisbon in Lincoln County, Georgia, on State Route No. 79, via W. Joe Herren's Store, Beulah Church, Delhi, to intersect with State Route No. 17 at Tignall, Georgia, a distance of approximately twelve (12) miles. Act of 1929 amended. Road designated. 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. No obligation. State-aid road.

Page 583

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 Lisbon in Lincoln County, Georgia, on State Route No. 79, via W. Joe Herren's Store, Beulah Church, Delhi, to intersect with State Route No. 17 at Tignall, Georgia, a distance of approximately twelve (12) 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. Purpose. 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 February 2, 1938. MADISON AND FRANKLIN COUNTIES. No. 152. 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 on State Highway No. 8 between Danielsville, Georgia, and Royston, Georgia, in Madison County, at a point about three miles in a northerly direction from Danielsville at Spearman's Store thence in a northerly and easterly direction via Dalton's Store, thence via Wildcat Bridge, thence via Mrs. Berryman's Store to said Highway No. 8 in the City of Royston, Georgia, the mileage herein being about fourteen and one-half (14) miles in Madison County and one-half

Page 584

of one mile 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. 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 on State Highway No. 8 between Danielsville, Georgia and Royston, Georgia, in Madison County, at a point about three miles in a northerly direction from Danielsville at Spearman's Store thence in a northerly and easterly direction via Dalton's Store, thence via Wildcat Bridge, thence via Mrs. Berryman's Store to said Highway No. 8 in the City of Royston, Georgia, the mileage herein being about fourteen and one-half (14) miles in Madison County and one-half of one mile in Franklin County. Act of 1929 amended. Road designated. 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

Page 585

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. No obligation. State-aid road. 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 Highway No. 8 between Danielsville, Georgia, and Royston, Georgia in Madison County, about three miles in a northerly direction from Danielsville, Georgia at Spearman's Store and running in a northeasterly direction to Highway No. 8 in the City of Royston, 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 January 13, 1938. MADISON AND OGLETHORPE COUNTIES. No. 236. 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 Town or City of Carlton in Madison County at State Highway Route

Page 586

36, thence in a southeasterly direction via Point Peter and Sandy Cross to Lexington in Oglethorpe County, being a distance of approximately fourteen (14) miles in Madison and Oglethorpe 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. 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 the Town or City of Carlton in Madison County at State Highway Route 36, thence in a southeasterly direction via Point Peter and Sandy Cross to Lexington in Oglethorpe County, being a distance of approximately fourteen (14) miles in Madison and Oglethorpe Counties. Act of 1929 amended. Road designated. 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

Page 587

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. No obligation. State-aid road. 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 the Town or City of Carlton in Madison County and extending in a southeasterly direction to Lexington in Oglethorpe County 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. Purpose. 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 January 25, 1938. MARION AND TAYLOR COUNTIES. No. 311. An Act to increase the mileage of the State Aid Road System of roads by adding thereto a highway in Marion and Taylor Counties. Be it enacted by the General Assembly of Georgia: Section 1. That the mileage of the State Aid System of roads as is provided for by chapter 95-17 of the Code of 1933, be and the same is hereby increased by adding thereto a highway in Marion and Taylor Counties, beginning at Tazwell and traversing a road in a northern direction to Mauk, a distance of approximately 8 miles, all in Marion and Taylor Counties. Code, chapter 95-17. Road designated.

Page 588

Section 2. Be it further enacted that this Bill shall be permissive only and the State Highway Board is hereby authorized to certify the added mileage herein or any portion thereof as is provided by law. Permissive. Section 3. Be it further enacted, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 7, 1938. McDUFFIE AND COLUMBIA COUNTIES. No. 277. 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 No. 10, which is also known as Main Street where said route enters Thomson, from the north side thereof, at a point where said Main Street is intersected by Gordon Street in said City of Thomson, and proceeding from said intersection in a northeasterly direction along Gordon Street to the incorporated limits of the City of Thomson, and thence along the road known as the Cobbham Road in McDuffie County for a distance of approximately. 10 miles, to the point where said McDuffie County is bounded by Columbia County; thence through Columbia County via Winfield to a point where said road intersects State Route No. 47 at Phinizy, the part of said road lying in Columbia County being approximately 7 miles, so that the total distance from Thomson to said intersection is approximately 18 miles, the purpose of this Act being to authorize the State Highway Board to certify said route into the State Aid System of Roads; and also that road beginning at the

Page 589

intersection of Whiteoak and Main Streets in the City of Thomson, McDuffie County, and proceeding east out Whiteoak Street to the city limits of Thomson; thence to Whiteoak Camp Ground; thence out of McDuffie County and into Columbia County, to a point where said road enters in the State Highway No. 47, leading from Appling to Harlem, at a point just south of the court-house in Appling, Columbia County. The approximate distance from Thomson to Appling through McDuffie and Columbia Counties is fifteen miles; and for other purposes. Act of 1929 amended. Road described. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same that from and after the passage of this Act there shall be 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 No. 10, which is also known as Main Street where said route enters Thomson from the north side thereof at a point where said Main Street is intersected by Gordon Street in said City of Thomson, and proceeding from said intersection in a northeasterly direction along Gordon Street to the incorporated limits of the City of Thomson, and thence along the road known as the Cobbham Road in McDuffie County for a distance of approximately 10 miles, to the point where said McDuffie County is bounded by Columbia County; thence through Columbia County via Winfield to a point where said road intersects State Route No. 47 at Phinizy, the part of said road lying in Columbia County being approximately 7 miles, so that the total distance from Thomson to said intersection with State Route No. 10 is approximately 18 miles. The purpose of this Act is to authorize the State Highway Board to certify said route into the State Aid System of Roads; and also that road beginning at the intersection of Whiteoak

Page 590

and Main Streets in the City of Thomson, McDuffie County, and proceeding east out Whiteoak Street to the city limits of Thomson; thence to Whiteoak Camp Ground thence out of McDuffie County and into Columbia County to a point where said road enters in the State Highway No. 47, leading from Appling to Harlem, at a point just south of the court-house in Appling, Columbia County. The approximate distance from Thomson to Appling through McDuffie and Columbia Counties is fifteen miles; and for other purposes. Road described. 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. Map. Section 3. Be it further enacted by the authority aforesaid that this Act shall not have the effect of certifying said described road into the State Aid System of Highways until so certified by the State Highway Board of Georgia as provided in said Acts of 1929, known as the Neill-Traylor Act. Certificate. 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 February 2, 1938. McDUFFIE COUNTY ADDITIONS. No. 281. 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 including the map opposite page 268 of said Acts of 1929, said Act aforesaid being designated in said Acts of 1929 as the Traylor-Neill

Page 591

map, so as to add to said map certain roads in McDuffie County, which said roads are not now a part of the State Aid System of Roads of Georgia, and for other purposes. Be it enacted by the General Assembly of Georgia, as follows: Act of 1929 amended. Section 1. That a certain road beginning at McGahee's Filling Station about one mile east of Boneville, on State Routes Nos. 10 and 12, and proceeding thence towards Iron Hill Church; and thence towards Luckey's Bridge, to said Luckey's Bridge over the waters of Briar Creek, where said creek is the boundary line between McDuffie and Jefferson Counties, the distance from said point at McGahee's Filling Station to said Luckey's Bridge being approximately 9 miles; and likewise that certain road beginning on south side, Georgia Railroad in Thomson at the old post-office building and running west to B. F. Johnson's residence, thence across Thomson-Warrenton paved highway; thence by Joe Farr's residence, thence by Charlie Langhan's home, thence south to Warren County line, a distance of approximately 10 miles from starting point (all of said above described roads being in McDuffie County, Georgia), be and the same are hereby added on the Traylor-Neill map as same appears in Acts of 1929, and said Act of 1929, as same appears from pages 260 through 268, is hereby amended, to include the roads above designated; so that said roads may become a part of the State Aid System of Roads of Georgia. Road described. Section 2. That by the addition of said roads on said map and the placing of said roads on said map there arises no obligation; that the State of Georgia or the State Highway Department of Georgia, shall be responsible for any maintenance on said road nor shall the addition of said roads to said map entitle the county in which said roads are located to receive its pro rata part of the gasoline tax unless and until said road or roads are formally designated

Page 592

as a State Aid Road by the State Highway Department of Georgia by appropriate action as now provided by law, but it is the purpose of this Act to give to the State Highway Department of Georgia the authority to legally designate said roads as a part of the State Aid Road System of Georgia whenever it sees fit to do so, in its discretion; and at such time then the said County of McDuffie shall be entitled to receive its pro rata part of the gasoline tax, as well as to have said roads maintained by the State Highway Department. No obligation. State-aid road. Section 3. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 2, 1938. MERIWETHER AND TALBOT COUNTIES. No. 333. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268, and including the map opposite page 268 of said Acts of 1929, said Act hereby amended being known as the Traylor-Neill Bill and map aforesaid being designated in said Acts of 1929 as the Traylor-Neill map, so as to add to said map a road from Milling Gap in the County of Meriwether, through Dunn Brothers Peach Farm, in the County of Talbot, to a point where the present road intersects with State Highway No. 41, a distance of approximately three (3) 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 certain Act of the Georgia Legislature known as Traylor-Neill Bill, together with a map attached thereto, as said Act appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268, together

Page 593

with a map opposite 268 of the said Acts of 1929, be and the same is hereby amended by adding to and placing on the said map as fully and cmpletely as though originally drawn on said map, that certain road from Milling Gap in the County of Meriwether through Dunn Brothers' Peach Farm in the County of Talbot to a point where said road now intersects with State Highway No. 41, a distance of approximately three (3) miles, said last point being in the County of Talbot. Act of 1929 amended. Road designated. Section 2. That the State Highway Department is hereby authorized and empowered to certify the above described road as a part of the State System of Roads and as soon as practical provide for the maintenance and construction of the same in conformity of the law. Certificate. Section 2A. Be it further enacted that this bill shall be permissive only and the State Highway Board may certify this added mileage or any portion of the same as is provided in said Act of 1929. Permissive. Section 3. Be it further enacted that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved February 7, 1938. MILLER AND SEMINOLE COUNTIES. No. 308. 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 designated in said Act of 1929 as the Traylor-Neill map, so as to add to said map a certain road beginning at the junction of State Highways Nos. 1 and 91 west of the City of Colquitt, Miller

Page 594

County, Georgia, and thence to Iron City, Georgia in Seminole County and joining State Highway No. 38, a distance of approximately fourteen (14) miles in Seminole and Miller 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. 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 Highways Nos. 1 and 91 west of the City of Colquitt, Miller County, Georgia, and thence to Iron City, Georgia in Seminole County and joining State Highway No. 38, a distance of approximately fourteen (14) miles in Seminole and Miller Counties. Act of 1929 amended. Road designated. 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

Page 595

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. No obligation. State-aid road. 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 Highways Nos. 1 and 91 west of the City of Colquitt, Miller County, Georgia to Iron City, Georgia in Seminole County, joining State Highway No. 38, a distance of approximately fourteen (14) miles in Seminole and Miller Counties, 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. Purpose. 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 February 7, 1938. MITCHELL AND BAKER COUNTIES. No. 401. 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 Route No. 65, 2.5 miles from the intersection of State Route No. 65 and State

Page 596

Route No. 97 in Mitchell County, and running thence in a northwesterly direction and crossing the Flint River below the mouth of Notchaway Creek, and connecting with State Route No. 91 at a point in Baker County, a total distance of approximately fifteen 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 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. 65, 2.5 miles from the intersection of State Route No. 65 and State Route No. 97 in Mitchell County, and running thence in a northwesterly direction and crossing the Flint River below the mouth of Notchaway Creek, and connecting with State Route No. 91 at a point in Baker County, a total distance of approximately fifteen miles. Act of 1929 amended. Road designated. 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

Page 597

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. No obligation. State-aid road. 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 State Route No. 65, 2.5. miles from the intersection of State Route No. 65 and State Route No. 97 in Mitchell County, and running thence in a northwesterly direction and crossing the Flint River below the mouth of Notchaway Creek, and connecting with State Route No.91 at a point in Baker County, a total distance of approximately fifteen miles, 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 [Illegible Text] Purpose. 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 February 16, 1938. MONTGOMERY COUNTY ADDITION. 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 to 268, and including the map opposite page 268 of said Acts of 1929, said Act hereby amended being designated in said Act of 1929 as the Traylor-Neill map, so as to add to said map that certain road in Montgomery County, Georgia, beginning at or branching from the Uvalda Road

Page 598

within the corporate limits of the City of Mt. Vernon, Montgomery County, Georgia, and running thence in a southeasterly direction to the town of Austin, a distance of approximately 12 miles, all in the County of Montgomery; 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, Georgia, beginning at or branching from the Uvalda Road within the incorporate limits of the City of Mt. Vernon, Montgomery County, Georgia, and running thence in a southeasterly direction to the Town of Austin, a distance of approximately 12 miles, all in the County of Montgomery. Act of 1929 amended. Road designated. 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

Page 599

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. No obligation. State-aid road. 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 as that certain road in Montgomery County, Georgia, beginning at or branching from the Uvalda Road within the incorporate limits of the City of Mt. Vernon, Montgomery County, Georgia, and running thence in a southeasterly direction to the Town of Austin, a distance of approximately 12 miles, all in the County of Montgomery, 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. Purpose. 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 February 16, 1938. MONTGOMERY COUNTY ADDITION. No. 274. 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 designated in said Act of 1929 as the Traylor-Neill map, so as to add to said map a certain road in Montgomery County, Georgia beginning at or

Page 600

intersecting with the main Soperton and Mt. Vernon Highway about 8 miles north of Mt. Vernon on the tract of land known as the Coleman land, and from said intersection with said Soperton and Mt. Vernon Highway extending thence in an easterly direction through the Town of Tarrytown for a distance of approximately 6 miles to the intersection with what is known as the old Louisville Road at a distance of about 12 miles northeast of Mt. Vernon; 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, Georgia, beginning at or intersecting with the main Soperton and Mt. Vernon Highway about 8 miles north of Mt. Vernon on the tract of land known as the Coleman land, and from said intersection with said Soperton and Mt. Vernon Highway extending thence in an easterly direction through the Town of Tarrytown for a distance of approximately 6 miles to the intersection with what is known as the old Louisville Road at a distance of about 12 miles of Mt. Vernon. Act of 1929 amended. Road designated.

Page 601

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. No obligation. State-aid road. 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 designate the road described in section 1 of this Act as that certain road in Montgomery County, Georgia, beginning at or intersecting with the main Soperton and Mt. Vernon Highway about 8 miles north of Mt. Vernon on the tract of land known as the Coleman land, and from said intersection with said Soperton and Mt. Vernon Highway extending thence in an easterly direction through the Town of Tarrytown for a distance of approximately 6 miles to the intersection with what is known as the old Louisville Road at a distance of about 12 miles northeast of Mt. Vernon, 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. Purpose. 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 February 2, 1938.

Page 602

MORGAN AND JASPER COUNTIES. No. 285. 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 in Morgan and Jasper Counties, beginning at Pennington in Morgan County at a point on State Highway No. 83, thence a distance of approximately seven (7) miles to Broughton in Jasper County, thence to Shiloh Church, thence to Maxwell, thence to Monticello, and thence to Piedmont Homestead School, a distance of approximately eighteen (18) miles in Jasper County, making a total distance of approximately twenty-five (25) 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 Morgan

Page 603

and Jasper Counties, beginning at Pennington in Morgan County at a point on State Highway No. 83, thence a distance of approximately seven (7) miles to Broughton in Jasper County, thence to Shiloh Church, thence to Maxwell, thence to Monticello, and thence to Piedmont Homestead School, a distance of approximately eighteen (18) miles in Jasper County, making a total distance of approximately twenty-five (25) miles. Act of 1929 amended. Road designated. 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. No obligation. State-aid road. 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 Morgan County at Pennington on State Highway No. 83 to Piedmont Homestead School in Jasper County, a distance of approximately twenty-five (25) 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. Purpose. 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 February 2, 1938.

Page 604

MORGAN COUNTY ADDITION. No. 282. 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 Brooks' place on Madison-Bostwick Highway in Morgan County (Project 1553-B), through Fairplay to the Walton County Line. Distance 7.30 miles; to provide that the addition of said road on said map shall not require payment of gasoline tax or maintenance by the State Highway Department of Georgia until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action; and for other purposes. 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 Brooks' place on Madison-Bostwick Highway in Morgan County (Project 1553-B), through Fairplay to the Walton County Line. Distance 7.30 miles. Act of 1929 amended. Road designated. Section 2. Be it further enacted that by the addition of said road on said map and the placing of said road on

Page 605

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. No obligation. State-aid road. 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 Brooks' place on Madison-Bostwick Highway in Morgan County (Project 1553-B), through Fairplay to the Walton County Line. Distance 7.30 miles, 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. Purpose. 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 February 2, 1938. NEWTON COUNTY ADDITION. No. 386. 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

Page 606

amended being designated in said Act of 1929 as the Traylor-Neill map, so as to add to said map that certain road in Newton County, Georgia, described as follows: Beginning at a point on Route No. 81 just south of the Town of Porterdale and running thence by way of Rocky Plains to the intersection with Route No. 72 and being a distance of approximately eleven (11) miles, all in said County of Newton; also that certain road in Newton County, Georgia, described as follows: Beginning at a point on Route No. 20 at Zion's Church and running thence southwardly to Snapping Shoals on Route No. 81, a distance of approximately six miles, all in Newton 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 in Newton County, Georgia, described as follows: Beginning at a point on Route No. 81 just south of the Town of Porterdale and running thence by way of Rocky Plains to the intersection with Route No. 72 and being a distance of approximately eleven (11) miles, all in said County of Newton; also that certain road in Newton County, Georgia, described as follows: Beginning at a point on Route

Page 607

No. 20 at Zion's Church and running thence southwardly to Snapping Shoals on Route No. 81, a distance of approximately six (6) miles, all in Newton County, Georgia. Act of 1929 amended. Road described. 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. No obligation. State-aid road. 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 as beginning at a point on Route No. 81 just south of the Town of Porterdale and running thence by way of Rocky Plains to the intersection with Route No. 72 and being a distance of approximately eleven (11) miles, all in said County of Newton, and also that road beginning at a point on Route No. 20 at Zion's Church and running thence southwardly to Snapping Shoals on Route No. 81, a distance of approximately six 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. Purpose. 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 February 16, 1938.

Page 608

OCONEE AND MORGAN COUNTIES. No. 278. 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 Bishop in Oconee County, thence about three (3) miles to Price's Mill on Opalachee River on line of Oconee and Morgan Counties, thence to Rehobeth, thence to Bostwick, thence to Fairplay thence to Rutledge and to State Highway No. 12, a distance of about fifteen (15) miles in Morgan County, a total distance of approximately eighteen (18) miles connecting State Highways No. 24 and No. 12 along the route above stated; 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 Bishop in Oconee County, thence about three (3) miles to Price's Mill on Opalachee River on line of Oconee and

Page 609

Morgan Counties, thence to Rehobeth, thence to Bostwick, thence to Fairplay, thence to Rutledge and to State Highway No. 12, a distance of about fifteen (15) miles in Morgan County, a total distance of approximately eighteen (18) miles, connecting State Highways No. 24 and No. 12 along the route above stated. Act of 1929 amended. Road designated. 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. No obligation. State-aid road. 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 Oconee County at Bishop to Rutledge on State Highway No. 12 and connecting State Highways No. 24 and No. 12 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. Purpose. 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 February 2, 1938.

Page 610

OGLETHORPE COUNTY ADDITION. No. 270. 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 Georgia System of State Roads a certain road located in Oglethorpe County, repealing conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia as follows: Act of 1929 amended. Section 1. A certain road leaving Lexington, Georgia, on Route No. 10, following Route No. 10 to the Woodville Lumber Co., bearing to the right at the Woodville Lumber Co., and going by way of that route known as the Bunker Hill Road, thence following the road through Devil's Pond to Smithsonia, thence from Smithsonia to Comer, Georgia, this road shall be placed on the Traylor-Neill map of the Georgia System of State roads and shall be placed on the State Aid Road System subject to the will of the Highway Board. Road designated. Section 2. This Bill shall not be mandatory, and the road mentioned therein shall be placed on the Highway System only when certified by the State Highway Board. No mandate. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 2, 1938. PIERCE COUNTY ADDITION. No. 194. An Act to increase the mileage of State Aid System by the addition thereto of a highway described as follows:

Page 611

A road to be known as Alma to Blackshear Road, beginning at New Lacy, a point on State Route No. 32, about 6 miles east of Alma, Bacon County, Georgia, and running in a southeasterly direction approximately twenty (20) miles and connecting with State Route No. 38 at Blackshear, Pierce County, Georgia; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That a mileage of the State Aid System of Roads, as provided by chapter 95-17 (State Aid Roads) of the Code of Georgia of 1933, be, and the same is hereby increased by adding thereto a highway described as follows: A road to be known as Alma to Blackshear Road, beginning at New Lacy, a point on State Route No. 32 about six (6) miles east of Alma, Bacon County, Georgia, and running in a southeasterly direction approximately twenty (20) miles and connecting with State Route No. 38 at Blackshear, Pierce County, Georgia. Code, chapter 95-17. Additional road described. Section 2. Be it further enacted by the authority aforesaid, that the map showing the highway mileage between pages No. 268 and No. 269 in said Act 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 one cent (1c) 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 Department of Georgia by appropriate action

Page 612

as now provided by law and a map showing said road thereon be filed with the Secretary of State as now provided by law. No obligation. 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 January 17, 1938. PUTNAM AND JASPER ADDITION. No. 350. 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 designated in said Act of 1929 as the Traylor-Neill map, so as to add to said map that certain road starting about one mile south of Eatonton on the Eatonton-Milledgeville Highway, running in a westerly direction to Hillsboro, in Jasper County, a distance of approximately fifteen miles, also that certain road starting at Eatonton running in a southeasterly direction, by Gholson place to the King place, then running southerly to Eatonton-Milledgeville Highway at Waller's Store, approximately 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:

Page 613

Section 1. That that certain Act of the Georgia Legislature known as the Traylor-Neill Bill tgther 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 starting about one mile south of Eatonton on the Eatonton-Milledgeville Highway, running in a westerly direction to Hillsboro, in Jasper County, a distance of approximately fifteen miles, also that certain road starting at Eatonton running in a southeasterly direction by Gholson place to the King place, then running southerly to Eatonton-Milledgeville Highway at Waller's Store approximately ten miles. Act of 1929 amended. Road designated. 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 1c gasoline tax allocated to said county 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 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. No obligation. State-aid road. 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 roads described in section 1 of this Act as startingabout one mile south of Eatonton on the Eatonton-Milledgeville

Page 614

Highway, running in a westerly direction to Hillsboro, in Jasper County, a distance of approximately fifteen miles, also that certain road starting at Eatonton running in a southeasterly direction by Gholson place to the King place, then running southerly to Eatonton-Milledgeville Highway at Waller's Store, approximately ten miles, as aforesaid, 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. Purpose. 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 February 12, 1938. PUTNAM AND MORGAN COUNTIES. No. 271. 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 designated in said Act of 1929 as the Traylor-Neill map, so as to add to said map a certain road beginning at a point about two miles from Eatonton, in Putnam County, on the Eatonton-Madison highway and running northwest to Godfrey, in Morgan County, the said road being approximately a distance of ten miles; also the upper Greensboro road beginning at the Wayside Filling Station in Putnam County one mile north of Eatonton and running northeast by Harmony Church to Reids Bridge, a distance of approximately twelve 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

Page 615

as a State Aid Road by the State Highway Board of Georgia by appropriat ction; 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 about two miles from Eatonton, in Putnam County, on the Eatonton-Madison highway and running northwest to Godfrey, in Morgan County, the said road being approximately a distance of ten miles; also the upper Greensboro road beginning at the Wayside Filling Station in Putnam County one mile north of Eatonton and running northeast by Harmony Church to Reids Bridge, a distance of approximately twelve miles. Act of 1929 amended. Road designated. 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 1c gasoline tax allocated to said county 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 Board of Georgia by appropriate action as now provided by law and a map, showing said roads thereon, be filed with the Secretary of State as now provided by law. No obligation. State-aid road.

Page 616

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 roads described in section 1 of this Act, one road beginning at a point about two miles from Eatonton, in Putnam County, on the Eatonton-Madison highway and running northwest to Godfrey, in Morgan County, the said road being approximately a distance of ten miles; also the upper Greensboro road beginning at the Wayside Filling Station in Putnam County one mile north of Eatonton and running northeast by Harmony Church to Reids Bridge, a distance of approximately twelve miles, as aforesaid, 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. Purpose. 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 February 2, 1938. RABUN COUNTY ADDITIONS. No. 331. 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 certain roads in Rabun County, repealing conflicting laws, and other purposes. Be it enacted by the General Assembly of the State of Georgia as follows: Act of 1929 amended. Section 1. A certain road commencing at a point on State Highway No. 15 near the southern limits of the City of Mountain City, Georgia and running in a westerly

Page 617

and southwesterly direction along and near the Mountain City-Germany and Black Rock Roads a distance of about three miles to Black Rock; thence in a southwesterly direction through the proposed State Park along and near Black Rock Mountain crest or divide a distance of about three miles to the Clayton-Germany Public Road; thence in a southeasterly direction along and near said road a distance of about three miles to State Highway No. 2. Also a certain road commencing at the junction of Black Rock and the Mountain City-Germany Road and running in a westerly direction along and near the Mountain City-Germany Road to a point near the residence of Sam Taylor, Jr. a distance of about one and one half miles to the top of a ridge near a land corner common to the lands of A. A. Jamison, Ed. Ritchie and the Cunningham estate. Road described. Also a road beginning at the Rabun-Habersham County Line near Wikles Camp, the same being an extension of a road described page 201, Acts 1935, and running in a northwesterly direction by or near La Prades Fishing Camp and C. C. C. Camp F-10 to Dickerson Gap on Georgia State Highway No. 2, and U. S. Route No. 76. Road designated. 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 Highway Board. No mandate. Section 3. All laws and parts of laws in conflict herewith are repealed. Approved February 7, 1938. RECIPROCAL AGREEMENTS WITH OTHER STATES. No. 367. An Act to provide for reciprocal agreements with other States as to privileges of operating motor vehicles

Page 618

over the highways of this State; to provide the powers and duties of State agencies or departments in reference to the said reciprocal agreements; to provide an effective date for this Act; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The State Revenue Commission is hereby authorized to negotiate with the proper authorities of other States and consummate reciprocal agreements, whereby residents of such States operating common or contract motor carriers licensed in their respective States may be granted the privilege and exemption of the operation of said motor vehicles on occasional trips and over irregular routes in this State as residents of this State may have and enjoy in said other States in the operation of motor vehicles duly licensed in this State. In the making of such agreements the State Revenue Commission shall have due regard for the advantage and convenience of the motor vehicle owners and other citizens of this State. Authority to State Revenue Commission. Motor-vehicle operations. Section 2. Any and all reciprocal agreements entered into by the said State Revenue Commission shall be subject to confirmation by Act or Resolution of the General Assembly, and shall not be of force and effect until the passage of such and its approval by the Governor, except such reciprocal agreement or agreements as may be entered such while the General Assembly is not in session, in which case the same shall be submitted by the said Commission to the General Assembly not later than the tenth day of its next session; whereupon the Assembly may confirm or reject such agreement or agreements by appropriate Act or Resolution approved by the Governor but pending passage and approval of such Act or Resolution of confirmation or rejection the agreement or agreements made during the adjournment of the Assembly shall be of full force and effect according to their terms; provided, however, that the State Revenue

Page 619

Commission shall have the authority and power to enter into reciprocal agreements only as to requirements for a license tag, registrations and fees now placed by law under the authority of the said department, including maintenance tags and licenses. Subject to confirmation by General Assembly. Pending agreements. Proviso. Section 3. The Public Service Commission of Georgia is hereby authorized to negotiate with the proper authorities of other States and consummate reciprocal agreements, whereby residents of such States operating common or contract motor carriers licensed in their respective States may be granted privilege and exemption of the operation of said motor vehicles on occasional trips and over irregular routes in this State as residents of this State may have and enjoy in the said other states in the operation of motor vehicles duly licensed in this State. The Public Service Commission of Georgia is authorized only to enter into reciprocal agreements in so far as the qualification, license, and fees enforced, issued and collected by it are concerned and in making such reciprocal agreements the Public Service Commission of Georgia shall have due regard for the advantage and convenience of the citizens of this State. Authority to Public-Service Commission. Motor-vehicle operations. Agreements. Section 4. Any and all reciprocal agreements entered into by the Georgia Public Service Commission shall be subject to confirmation by Act or Resolution of the General Assembly, and shall not be of force and effect until the passage of such and its approval by the Governor, except such agreement or agreements as may be entered into while the General Assembly is not in session, in which case the same shall be submitted by the Commission to the General Assembly not later than the tenth day of its next session; whereupon the Assembly may confirm or reject such agreement or agreements by appropriate Act or Resolution approved by the Governor, but pending passage and approval of such Act or Resolution of confirmation or rejection the agreement or

Page 620

agreements made during the adjournment of the General Assembly shall be of full force and effect according to their terms. Subject to legislative confirmation. Pending agreements. Section 5. The State Revenue Commission and the Georgia Public Service Commission shall give proper publicity to the terms of every reciprocal agreement entered into by them or either of them pursuant to this law, and they are hereby authorized and empowered to promulgate rules and regulations for the observance and enforcement of the terms of such agreement, which rules and regulations shall have the force and effect of law. Publicity. Rules, etc. Section 6. All reciprocal agreements entered into by the State Revenue Commission or by the Georgia Public Service Commission while the General Assembly is not in session, shall be approved by the Governor. No reciprocal agreement shall be made, or approved hereunder except that manifest advantage will accrue therefrom to the citizens of this State. Governor's approval. Section 7. This Act shall take effect March 1, 1938. Section 8. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 12, 1938. RICHMOND AND BURKE COUNTIES. No. 217. An Act to authorize the State Highway Board of Georgia to increase the mileage of the State Aid System of roads by the addition thereto of a road, known as the old Savannah Road, extending from its intersection with State Route No. 21 near the southern limits of the City of Augusta to McBean, Georgia, in Richmond

Page 621

County, thence extending from McBean into Burke County, to Sardis, intersecting at Sardis with State Route No. 24; 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 the State Highway Board of Georgia is hereby authorized, in its discretion, to increase the mileage of the State Aid System of Roads by the addition thereto of a road known as the old Savannah Road, extending from its intersection with State Route No. 21 near the southern limits of the City of Augusta to McBean, Georgia, in Richmond County, thence extending from McBean into Burke County, to Sardis, intersecting at Sardis with State Route No. 24; the purpose of said road being to provide a shorter route to Savannah and to open up and give road advantages to a considerable population of Richmond and Burke Counties. Added road designated. Section 2. That said State Highway Department is authorized and empowered to certify said road as a part of the State Aid System, and as soon as practical to provide for the improvement, construction and maintenance of said road in the way and manner provided by law. Certificate. Section 3. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved January 21, 1938. RICHMOND COUNTY ADDITION. No. 191. An Act to authorize the State Highway Board of Georgia to increase the mileage of the State Aid System of Roads by the addition thereto of a road in Richmond County,

Page 622

Georgia, beginning at the intersection of State Route Number 52-104, commonly known as the Washington Road, with the Berckmans Road, thence extending along the Berckmans Road to Highland Avenue, in the City of Augusta, thence extending along Highland Avenue to its intersection with the Wrightsboro Road, thence extending along the Wrightsboro Road to its intersection with the Wheeless Road, thence extending along the Wheeless Road to its intersection with State Route Number 10-12, commonly known as the Milledgeville Road, thence extending across lands of M. G. J. J. Dorn, Incorporated, into Federal Highway Number 1, at such point as may be designated by said Board; 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 the State Highway Board of Georgia is hereby authorized, in its discretion to increase the mileage of the State Aid System of Roads by the addition thereto of a road beginning in Richmond County, Georgia, at the intersection of State Route Number 52-104, commonly known as the Washington Road, with what is known as the Berckmans Road, thence extending along the Berckmans Road into and along Highland Avenue, in the City of Augusta, to the Wrightsboro Road, thence extending along the Wrightsboro Road to its intersection with the Wheeless Road, thence extending along the Wheeless Road to its intersection with State Route Number 10-12, commonly known as the Milledgeville Road, thence extending across the lands of M. G. J. J. Dorn, Incorporated, into Federal Highway Number 1, at such point as said Board may designate on said Federal Highway Number 1; the purpose of this road being to connect Federal Highway Number 1 with State Route Number 52-104, commonly known as the Washington Road, and being a distance of approximately six miles. Mileage increase. Road designated.

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Section 2. That said State Highway Department is authorized and empowered to certify said road as a part of the State Aid System, and as soon as practical to provide for the improvement, construction and maintenance of said road in the way and manner provided by law. Certificate. Section 3. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved January 17, 1938. RICHMOND COUNTY ADDITION. No. 201. An Act to authorize the State Highway Board of Georgia to increase the mileage of the State Aid System of Roads by the addition thereto of a road, known as the Old Savannah Road, extending from its intersection with State Route Number 21 near the southern limits of the City of Augusta to McBean, Georgia, in Richmond County; 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 the State Highway Board of Georgia is hereby authorized, in its discretion, to increase the mileage of the State Aid System of Roads by the addition thereto of a road known as the Old Savannah Road, extending from its intersection with State Route Number 21 near the southern limits of the City of Augusta to McBean, Georgia, in Richmond County; the purpose of said road being to connect up with the state highway at McBean, Georgia. Mileage increase. Road designated. Section 2. That said State Highway Department is authorized and empowered to certify said road as a part of the State Aid System, and as soon as practical to provide

Page 624

for the improvement, construction and maintenance of said road in the way and manner provided by law. Certificate. Section 3. All laws and parts of laws in conflict with this act be and the same are hereby repealed. Approved January 17, 1938. RICHMOND COUNTY ADDITION. No. 219. An Act to authorize the State Highway Board of Georgia to increase the mileage of the State Aid System of Roads by the addition thereto of a road in Richmond County, Georgia, beginning at the intersection of State Route Number 52-104, commonly known as the Washington Road, with the Berckmans Road, thence extending along the Berckmans Road to Highland Avenue, in the City of Augusta, thence extending along Highland Avenue to its intersection with the Wrightsboro Road, thence extending along the Wrightsboro Road to its intersection with the Wheeless Road, thence extending along the Wheeless Road to its intersection with State Route Number 10-12, commonly known as the Milledgeville Road, thence extending across lands of M. G. J. J. Dorn, Incorporated, into Federal Highway Number 1, at such point as may be designated by said Board; 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 the State Highway Board of Georgia is hereby authorized, in its discretion, to increase the mileage of the State Aid System of Roads by the addition thereto of a road beginning in Richmond County, Georgia,

Page 625

at the intersection of State Route Number 52-104, commonly known as the Washington Road, with what is known as the Berckmans Road, thence extending along the Berckmans Road into and along Highland Avenue, in the City of Augusta, to the Wrightsboro Road, thence extending along the Wrightsboro Road to its intersection with the Wheeless Road, thence extending along the Wheeless Road to its intersection with State Route Number 10-12, commonly known as the Milledgeville Road, thence extending across the lands of M. G. J. J. Dorn, Incorporated, into Federal Highway Number 1, at such point as said Board may designate on said Federal Highway Number 1; the purpose of this road being to connect Federal Highway Number 1 with State Route Number 52-104, commonly known as the Washington Road, and being a distance of approximately six miles. Mileage increase. Road described. Section 2. That said State Highway Department is authorized and empowered to certify said road as a part of the State Aid System, and as soon as practical to provide for the improvement, construction and maintenance of said road in the way and manner provided by law. Certificate. Section 3. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved January 21, 1938. RICHMOND COUNTY ADDITION. No. 237. 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 designated in said Act of 1929 as the Traylor-Neill map, so as to add to said map a certain road beginning at or near the 9th mile post on State

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Highway No. 4, near the J. J. Dorn property, in the County of Richmond, and from thence running through the village of Hephzibah to the Village of McBean; 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 or near the 9th mile post on State Highway No. 4, near the J. J. Dorn property, in the County of Richmond, and from thence running through the village of Hephzibah to the Village of McBean. Act of 1929 amended. Road designated. 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

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as now provided by law and a map, showing said road thereon, be filed with the Secretary of State as now provided by law. No obligation. State-aid road. 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 or near the 9th mile post on State Highway No. 4, near the J. J. Dorn property, in the County of Richmond, and from thence running through the Village of Hephzibah to the Village of McBean, 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. Purpose. 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 January 25, 1938. STEPHENS COUNTY ADDITION. No. 240. 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 Stephens County, repealing all conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, as follows: Act of 1929 amended. Section 1. A certain road beginning at a point about one-half mile from where Prather's Bridge Road intersects with State Highway No. 17, the point of beginning

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being the corporate limits of City of Toccoa, thence northeast along Prather's Bridge Road and up Tugalo River to Panther Creek, also that road in the County of Stephens beginning at the intersection of Toccoa Falls Road at Sam Kesler's place on State Highway No. 17, thence a west course to Toccoa Falls, 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. Roads described. Also, road beginning at Crowe Store place south of Toccoa, thence south along the Elberton railroad to its intersection with State Highway No. 17. Also, road beginning at Ebenezer Baptist Church, thence southeast to Big Smith Law Ground, thence south by Fair View School to Martin. Also, road beginning at Davis farm on Broad River on State Highway No. 13, thence southwest by Acree, Cash and Banks farms and Tate Creek Church to Banks and Franklin County Line, all of which approximates about 38 miles. Section 2. This Bill shall not be mandatory, and the road mentioned herein shall not be placed on the Highway System only when certified by the State Highway Board. No mandate. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved January 25, 1938. SUMTER COUNTY ADDITION. No. 189. An Act to amend an Act entitled Highway Mileage as the same appears in the Acts of the Georgia Legislature

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of 1929, pages 260 to 268, and including the map opposite page 268 of Acts of 1929, said Act hereby amended being known and 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 about three hundred yards north of the Town of Leslie, in Sumter County, Georgia, on State Route No. 30 and extending southward through Leslie, thence through DeSota, and then in a northerly direction, connecting with State Route No. 30 about one hundred fifty (150) feet north of DeSota, in Sumter County, Georgia, and being approximately two and one-fourth miles in Sumter County, Georgia; to provide that the addition of said road on said map shall not require payment of gasoline tax or maintenance by the State Highway Department of Georgia until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action; and for other purposes. 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 about three hundred yards north of the Town of Leslie, in Sumter County, Georgia, on State Route No. 30 and extending southward through Leslie, thence through DeSota, and then in a northerly direction, connecting with State Route No. 30 about one hundred fifty (150) feet north of DeSota,

Page 630

in Sumter County, Georgia, and being approximately two and one-fourth miles in Sumter County, Georgia. Act of 1929 amended. Road described. 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. No obligation. State-aid road. 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. 30 about three hundred yards north of the Town of Leslie in Sumter County, Georgia, thence through Leslie and DeSota and thence in a northerly direction one hundred fifty feet to State Route No. 30 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. Purpose. 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 January 17, 1938.

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TALBOT AND CHATTAHOOCHEE COUNTIES. No. 269. 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, being the Act approved August 20, 1929 as Governors Number 289; said Act amended being known as the Traylor-Neill Bill, so as to add to Act and map a certain road, being the road known as the Cusseta-Box Springs Road beginning at Gullatt's Store on State Highway Number 22 in Talbot County, Georgia, and leading by Box Springs in Talbot County and Pine Knot Springs in Chattahoochee County to a point on State Highway Number 26 in Chattahoochee County, 2 miles northeast of Cusseta, said road being approximately 2 miles in Talbot County, and 18 miles in Chattahoochee 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 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, being the Act approved August 20, 1929 as Governors Number 289, 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 a certain road being the road known as the Cusseta-Box Springs Road, beginning at Gullatt's Store on State Highway Number 22 in Talbot County, Georgia, and leading by Box Springs in Talbot County and Pine Knot Springs in Chattahoochee County to a point on State Highway Number 26 in Chattahoochee, County, 2 miles northeast of Cusseta, said road being approximately 2 miles in Talbot County, and 18 miles in Chattahoochee County. Act of 1929 amended. Road described.

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Section 2. Be it further enacted by the authority aforesaid that said 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. Map. 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 Acts of 1929, known as the Neill-Traylor Act. Certificate. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 2, 1938. TAYLOR AND MACON COUNTIES. BUTLER-IDEAL ROAD. No. 257. 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 certain road beginning in the City of Butler, Georgia, where said road intersects State Highway No. 96, and running south approximately 15 miles to the City of Ideal, Georgia, where said road intersects with State Highway No. 90, said road being known as the Butler-Ideal road, said road running approximately 10 miles in Taylor County and approximately 5 miles in Macon County; to provide that the addition of said road on said map shall not require payment of gasoline tax or

Page 633

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 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 Butler, Georgia, where said road intersects State Highway No. 96, and running south approximately 15 miles to the City of Ideal, Georgia, where said road intersects with State Highway No. 90, said road being known as the Butler-Ideal Road, said road running approximately 10 miles in Taylor County and approximately 5 miles in Macon County. Act of 1929 amended. Road described. 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 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. No obligation. State-aid road.

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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 legally to designate the road described in section 1 of this Act, 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. Purpose. 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 January 26, 1938. TOOMBS COUNTY ADDITION. No. 141. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268 and including the map opposite page 268 of said Acts of 1929, said Act hereby amended being known as the Taylor-Neill Bill, and map aforesaid being designated in said Act of 1929, said Act of 1929 as the Traylor-Neill map, so as to add to said map a road beginning at a point on the Highway from Tarrytown to Higston at the Newell Dickson Place and running thence in a southeasterly direction to the city limits of the City of Vidalia at a point where State Highway No. 30 intersects said city limits. And to provide that the addition of said road on said map shall not require payment of gasoline tax or maintenance by the State Highway Department of Georgia until said road is formally designated as State Aid Road by the State Highway Board of Georgia by appropriate action; and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that 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 opposte 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 the highway from Tarrytown to Higston at the Newell Dickson place and running thence in a southerly direction to the city limits of the City of Vidalia at a point where State Highway No. 30 intersects said city limits. Act of 1929 amended. Road described. 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 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. No obligation. State-aid road. 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 so as to add to said map a road beginning at a point on the highway from Tarrytown to Higston at the Newell Dickson place and running thence in a southeasterly direction to the city

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limits of Vidalia at a point where State Highway No. 30 intersects said city limits, 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. Purpose. Section 4. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved January 13, 1938. TOWNS COUNTY ADDITION. No. 183. 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 beginning at a point in Towns County, Georgia, on State Highway No. 2 at Woodgrove, thence in a westerly direction along the route of Crooked Creek Public Road to a point on State Highway No. 66 at Alexander's Mill, Towns County, Georgia, being a distance of approximately four and one half (4) miles; to provide that the addition of said road on said map shall not require payment of gasoline tax or maintenance by the State Highway Department of Georgia until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the certain Act of 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 through 268 together 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 four and one half (4) miles. Road described. 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. No obligation. State-aid road. 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 Towns County, Georgia, on State Highway No. 2 at Woodgrove, thence in a westerly direction along the route of Crooked Creek Public Road to a point on State Highway No. 66 at Alexander's Mill, Towns County, Georgia, being a distance of approximately four and one half (4) 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 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. Purpose.

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Section 4. Be it further enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved January 17, 1938. TOWNS COUNTY ADDITION. No. 330. 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 city limits of Hiawassee, Towns County, Georgia, and running in a northerly direction to the North Carolina State line and known as the Bell Creek road, said road being a distance of approximately two and one-half miles and running by the places of W. J. Burrell, Theodore Frank, Bell Creek Church and Jeff Reed; 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

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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 city limits of Hiawassee, Towns County, Georgia, and running in a northerly direction to the North Carolina State line and known as the Bell Creek Road, said road being a distance of approximately two and one-half miles and running by the places of W. J. Burrell, Theodore Frank, Bell Creek Church and Jeff Reed. Act of 1929 amended. Road designated. 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 thereof, be filed with the Secretary of State as now provided by law. No obligation. State-aid road. 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 at the city limits of Hiawassee, Towns County, Georgia, and running in a northerly direction to the North Carolina State line and known as the Bell Creek road, said road being a distance of approximately two and one-half miles and running by the places of W. J. Burrell, Theodore Frank, Bell Creek Church and Jeff Reed, 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. Purpose.

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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 February 7, 1938. TWIGGS AND WILKINSON COUNTIES. No. 334. An Act to amend an Act entitled Highway Mileage, as same appears in Acts of Georgia Legislature, pps. 260-268 of said Acts and including map opposite page 268 of said Acts of 1929; said Act as hereby amended, being known as the Traylor-Neill 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 Ford Service Company on Federal Route No. 80, in the City of Jeffersonville, Twiggs County, and running in a northerly direction through the Counties of Twiggs and Wilkinson for a distance of approximately 15 miles, and connecting with State Route No. 57, at top of Massee Hill where Vinson's Store is now located near Gordon, Georgia in the County of Wilkinson; and 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 Act appears in the Acts of the Georgia Legislature of 1929, pps. 260-268, together with the map opposite p. 268 of said Acts of 1929, be and the

Page 641

same is hereby amended by adding to and placing on said map, as fully and completely as if drawn on said map, that certain road beginning at Ford Service Company on Federal Route No. 80 in the City of Jeffersonville, Twiggs County and running in a northerly direction through the Counties of Twiggs and Wilkinson for a distance of approximately 15 miles and connecting with the State Route No. 57, at top of Massee Hill where Vinson's Store is now located near Gordon in the County of Wilkinson. Act of 1929 amended. Road described. 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 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 Secretary of State as is provided. No obligation. State-aid road. 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 described in section one (1) hereof, as a State Aid Road if and when said road is so designated by the 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. Purpose. Section 4. Be it enacted that all laws and parts of laws in conflict with this Act are hereby repealed. Approved February 7, 1938.

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WALKER COUNTY GRAND CENTRAL ROAD. No. 28. 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 Grand Central Road, said road commencing at the present survey of State Highway Number 2 in the community of Kensington located between Davis Cross Road and Cassandra and proceeding in a northeast direction to the Government Road known as the Cove Road, said road being approximately 6.3 miles in length and 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 the State Highway mileage the following described road to wit: The road known as Grand Central Road, said road commencing at the present survey of State Highway Number 2 in the Community of Kensington located between Davis Cross Road and Cassandra and proceeding in a northeast direction to the Government Road known as the Cove Road, said road being approximately 6.3 miles in length and being located in Walker County. Act of 1929 amended. Added road designated. 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. 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 Neill-Traylor Act. Certificate.

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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 December 14, 1937. WASHINGTON AND BALDWIN COUNTIES. No. 385. 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 Baldwin 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 Baldwin County, Georgia. Act of 1929 amended. Road described. (a) Approximately 12 miles of road commencing at the Ogeechee River at Chalker via Mayview connecting with Route No. 15 at Silas Crossing three miles north of Sandersville. A distance of approximately 12 miles. (b) Approximately twenty miles of road commencing at the end of the pavement in City of Sandersville at Langs Variety Works running west through the Township

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of Deepstep thence via Marsh's Store to Baldwin County Line, thence to Union Point School on Milledgeville-Sandersville Highway. A distance of approximately 20 miles. (c) A road known as the Fenn's Bridge road commencing at the Duggan place about a mile from Sandersville on the Davisboro-Sandersville Highway and running to the Jefferson County Line at Fenn's Bridge on the Ogeechee River. A distance of approximately 15 miles. 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. No obligation. State-aid road. Section 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith are hereby repealed. Approved February 16, 1938.

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WEBSTER AND RANDOLPH COUNTIES. No. 227. 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 State Route No. 41 and Route No. 55 at Weston, Georgia, in Webster County and extending from there to Cuthbert, Georgia, in Randolph County, being a distance of approximately twenty (20) miles and connecting with State Route No. 1 at Cuthbert, the same being an extension of State Route No. 41; 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 State Route No. 41 and Route No. 55 at Weston, Georgia, in Webster

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County and extending from there to Cuthbert, Georgia, in Randolph County, being a distance of approximately twenty (20) miles and connecting with State Route No. 1 at Cuthbert, the same being an extension of State Route No. 41. Act of 1929 amended. Road described. 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 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. No obligation. State-aid road. 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 Webster County at Weston, Georgia and extending to Cuthbert, Georgia in Randolph County, being a distance of approximately twenty (20) miles, the same being an extension of State Route No. 41 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. Purpose. 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 January 22, 1938

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WHEELER AND TELFAIR COUNTIES. No. 279. 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 designated in said Act of 1929 as the Traylor-Neill map, so as to add to said map a certain road beginning on State Highway No. 30, one and nine tenths miles southwest of Alamo, Georgia, and running in southeast direction, by the places of H. H. Heath, Will Thomas, Clarence Martin, S. F. Beckworth, John Crawley, A. C. Burkhalter, Tom Clements, M. Pope, thence direct to Lumber City, Georgia. Said road being the direct county road from Alamo to Lumber City, Georgia, and lying fourteen miles in Wheeler County and three miles in Telfair County and connecting highways No. 27 and No. 30; 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

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beginning on State Highway No. 30, one and nine tenths miles southwest of Alamo, Georgia, and running in southeast direction, by the places of H. H. Heath, Will Thomas, Clarence Martin, S. F. Beckworth, John Crawley, A. C. Burkhalter, Tom Clements, M. Pope, thence direct to Lumber City, Georgia. Said road being the direct county road from Alamo to Lumber City, Georgia, and lying fourteen miles in Wheeler County and three miles in Telfair County and connecting highways No. 27 and No. 30. Act of 1929 amended. Road described. 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. No obligation. State-aid road. 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 on State Highway No. 30, one and nine tenths miles southwest of Alamo, Georgia, and running in southeast direction, by the places of H. H. Heath, Will Thomas, Clarence Martin, S. F. Beckworth, John Crawley, A. C. Burkhalter, Tom Clements, M. Pope, thence direct to Lumber City, Georgia, said road being the direct county road from Alamo to Lumber City, Georgia, and lying fourteen miles in Wheeler County and three miles in Telfair County

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and connecting Highways No. 27 and No. 30, as a State Aid Road, and when so designated to have such status and to be accorded such right as State Aid Roads heretofore adopted and designated. Purpose. 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 February 2, 1938. WHITE AND HABERSHAM COUNTIES. No. 310. 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 in White and Habersham Counties, 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 near Cleveland from Highway No. 11 to Clarkesville Road, known as Clarkesville-Nacoochee, about nine and two-tenths (9-2/10) miles via Allen's Bridge, thence to Clarkesville Road in Habersham County. Act of 1929 amended. Road designated. 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. Map.

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Section 3. Be it further enacted, that this bill shall be permissive only and the State Highway Board may certify this added mileage or any portion of the same as provided in said Act of 1929. Permissive. Section 4. Be it further enacted, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 7, 1938. WHITFIELD COUNTY ADDITIONS. No. 321. An Act to amend an Act approved August 20, 1929 (Acts 1929, pages 260-268, inclusive), designating Highway Mileage by adding thereto the roads described as follows: Beginning at the intersection of State Highway No. 3 and running east to Tunnell Hill through Tunnell Hill in a northeast direction to the Warren-Varnell Road, thence north on the Warren-Varnell Road through the town of Varnell in a northeasterly direction to Cohutta, thence through Cohutta in an easterly direction to its intersection with the Dalton, Georgia, Cleveland, Tennessee Highway, a distance of approximately twenty miles. Act of 1929 amended. Roads described. Beginning at the Tennessee Line in the northeast corner of Whitfield County running south to Beverdale, thence southwest through Deep Springs, thence in a southeast direction to Downville, thence southwest to its intersection with the Dalton, Georgia, Cleveland, Tennessee Highway, a distance of approximately twenty-five miles. Beginning at the point of intersection with the Dalton-Chatsworth Road at Union Point and running southeast to the Murray County line, a distance of approximately eight miles.

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Beginning at the intersection of Highway No. 3 in the southeast corner of Whitfield County and running in a northeast direction through Tilton, thence in a western direction on the Tilton-Corbondale Road, a distance of two miles, thence leaving said Tilton-Corbondale Road and running in a northeasterly direction through the Antioch School District to its intersection with the Dalton-Chatsworth Highway, a distance of approximately fifteen miles. Beginning at Corbondale and running in a northwest direction through Mill Creek District to its intersection with the Dixie Highway, a distance of approximately sixteen miles. Beginning at the intersection of the Dalton Rocky Face Highway approximately four miles from Dalton running in a northerly direction to its intersection with the Tunnell Hill-Varnell Road, known as the Crow Valley Road, a distance of approximately six miles; and for other purposes. Section 1. Beginning at the intersection of State Highway No. 3 and running east to Tunnell Hill through Tunnell Hill in a northeast direction to the Warren-Varnell Road, thence north on the Warren-Varnell Road through the town of Varnell in a northeasterly direction to Cohutta, thence through Cohutta in an easterly direction to its intersection with the Dalton, Georgia-Cleveland, Tennessee Highway, a distance of approximately twenty miles. Beginning at the Tennessee Line in the northeast corner of Whitfield County running south to Beverdale, thence southwest through Deep Springs, thence in a southeast direction to Downville, thence southwest to its intersection with the Dalton, Georgia, Cleveland, Tennessee Highway, a distance of approximately twenty-five miles.

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Beginning at the point of intersection with the Dalton-Chatsworth Road at Union Point and running southeast to the Murray County Line, a distance of approximately eight miles. Beginning at the intersection of Highway No. 3 in the southeast corner of Whitfield County and running in a northeast direction through Tilton, thence in a western direction on the Tilton-Corbondale Road, a distance of two miles, thence leaving said Tilton-Corbondale Road and running in a northeasterly direction through the Antioch School District to its intersection with the Dalton-Chatsworth Highway, a distance of approximately fifteen miles. Beginning at Corbondale and running in a northwest direction through Mill Creek District to its intersection with the Dixie Highway, a distance of approximately sixteen miles. Beginning at the intersection of the Dalton Rocky Face Highway approximately four miles from Dalton running in a northerly direction to its intersection with the Tunnell Hill-Vornell Road, known as the Crow Valley Road, a distance of approximately six miles. Section 2. Be it further enacted by the authority aforesaid that the map of the State Aid Highways between pages 268-269 of the Georgia Laws of 1929 be and the same is hereby amended so as to show on said map the roads described in section 1 of this Act. Map. Section 3. Be it further enacted by the authority aforesaid, that this Act shall not have the effect of certifying the roads 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 Neill-Traylor Act. That the said State Highway Board be, and it is hereby authorized

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to certify said roads and any part thereof into the System of State Aid Roads at such times as in its discretion it deems proper. Certificate. Section 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict here-with be and the same are hereby repealed. Approved February 7, 1938. WILCOX AND DOOLY COUNTIES. ABBEVILLE AND VIENNA ROAD. No. 176. 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 certain road beginning in the City of Abbeville, Wilcox County, Georgia and thence running in a northwesterly direction by Pineview in said County of Wilcox to Vienna in the County of Dooly being a distance of approximately twenty-five miles and being the road generally known and referred to as the old Abbeville and Vienna public road; 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 Abbeville, Wilcox County, Georgia, and thence running in a northwesterly direction by Pineview in said County of Wilcox to Vienna in the County of Dooly being a distance of approximately twenty-five miles and being the road generally known and referred to as the old Abbeville and Vienna public road. Act of 1929 amended. Road designated. 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. No obligation. State-aid road. 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 the City of Abbeville, Wilcox County, Georgia, and thence running in a northwesterly direction by Pineview to Vienna in the County of Dooly, as aforesaid, as a State Aid Road and when so designated to have such

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status and to be accorded such rights as State Aid Roads heretofore adopted and designated. Purpose. 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 January 17, 1938. WILCOX COUNTY ADDITION. No. 320. 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 designated in said Act of 1929 as the Traylor-Neill map, so as to add to said map that certain road in Wilcox County, Georgia, described as beginning at the south end of what is known as Woodburn Lane, or Mashburn farm, thence running south to Owensboro about four miles and thence south by Ownesboro and by Mat Brown's home and by way of Salem Church to the intersection with State Aid Road running from Fitzgerald to Rebecca and generally known as the Fitzgerald-Rebecca State Aid Road, the entire distance or length of said road being approximately 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 in Wilcox County, Georgia, described as beginning at the south end of what is known as Woodburn Lane, or Mashburn farm, thence running south to Owensboro about four miles and thence south by Owensboro and by Mat Brown's home and by way of Salem Church to the intersection with State Aid Road running from Fitzgerald to Rebecca and generally known as the Fitzgerald-Rebecca State Aid Road, the entire distance or length of said road being approximately ten miles. Act of 1929 amended. Road described. 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. No obligation. State-aid road. 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 as beginning at the south end of what is known as Woodburn Lane, or

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Mashburn farm, thence running south to Owensboro about four miles and thence south by Owensboro and by Mat Brown's home and by way of Salem Church to the intersection with State Aid Road running from Fitzgerald to Rebecca and generally known as the Fitzgerald-Rebecca State Aid Road, the entire distance or length of said road being approximately ten 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. Purpose. 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 February 7, 1938. WILCOX COUNTY ADDITIONS. No. 312. 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 designated in said Act of 1929 as the Traylor-Neill map, so as to add to said map that certain road which begins in the Town of Pineview, Wilcox County, Georgia, and thence runs east by the residences of Josh Morgan, Rod McCloud, Fletcher McCloud, and Tom Dennard, and thence continuing east by the residence of Holland Wilson through the farm of Will Slade, thence east to the Abbeville-Hawkinsville Road known as State Route No. 30 and intersecting therewith about 300 yards north of the residence of Amos Nosworthy, being approximately seven miles in length, all in Wilcox County, Georgia, also that certain road beginning at Abbeville in the County of Wilcox and

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thence running south over an overhead bridge to what is known as the Harrell and Burkett corner, thence south through the farm known as the Earl Cannon place, thence south by the farms of Will Oliver, Morris Wilcox and Ben Welchel, thence to road known as the Fitzgerald-Rebecca State Aid Road, and being approximately _____ 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 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 which begins in the Town of Pineview, Wilcox County, Georgia and thence runs east by the residences of Josh Morgan, Rod McCloud, Fletcher McCloud and Tom Dennard, and thence continuing east by the residence of Holland Wilson through the farm of Will Slade, thence east to the Abbeville-Hawkinsville Road known as State Route 30 and intersecting therewith about 300 yards north of the residence of Amos Nosworthy, being approximately seven miles in length, all in Wilcox County, Georgia, also that certain road beginning at Abbeville in the County of Wilcox and thence running south over an overhead bridge to what is known as the Harrell and Burkett corner, thence south through the farm known as the Earl Cannon

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place, thence south by the farms of Will Oliver, Morris Wilcox and Ben Welchel, thence to road known as the Fitzgerald-Rebecca State Aid Road, and being approximately _____ miles in length. Act of 1929 amended. Road designated. Section 2. Be it further enacted that by the addition of said road 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 1c gasoline tax allocated to said county 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 Board of Georgia by appropriate action as now provided by law and a map, showing said roads thereon, be filed with the Secretary of State as now provided by law. No obligation. State-aid road. 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 roads described in section 1 of this Act as being that certain road which begins in the Town of Pineview, Wilcox County, Georgia, and thence runs east by the residences of Josh Morgan, Rod McCloud, Fletcher McCloud and Tom Dennard, and thence continuing east by the residence of Holland Wilson through the farm of Will Slade, thence east to the Abbeville-Hawkinsville Road known as State Route 30 and intersecting therewith about 300 yards north of the residence of Amos Nosworthy, being approximately seven miles in length, all in Wilcox County, Georgia, also that certain road beginning at Abbeville in the County of Wilcox and thence running south over an overhead bridge to what is known as the Harrell and Burkett corner, thence south through the farm known as

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the Earl Cannon place, thence south by the farms of Will Oliver, Morris Wilcox and Ben Welchel, thence to road known as the Fitzgerald-Rebecca State Aid Road, and being approximately..... miles in length, as aforesaid, 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. Purpose. 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 February 7, 1938. WORTH AND COLQUITT COUNTIES. No. 384. 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 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 beginning at Sylvester, Georgia, Worth County, and running in a southeasterly direction through lots of land numbers 334, 335, 310, 309, 290, 263, 262, 245, 216, 215, 200, 169, 168, 155, 122, 109, 76, 63, 75, 74, 65, 66, 26, 21, and thence to the Colquitt County line, and thence from Colquitt County line into and through said Colquitt County to Norman Park, Georgia in Colquitt County, and thence from Norman Park, Georgia in Colquitt County to Ellenton, and then from Ellenton in said County of Colquitt to and intersecting with the Highway running from Moultrie, Georgia, in Colquitt County, to Adel, Georgia, a distance of approximately thirty-six (36) miles; to

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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 at Sylvester, Georgia, Worth County, and running in a southeasterly direction through lots of land numbers 334, 335, 310, 309, 290, 263, 262, 245, 216, 215, 200, 169, 168, 155, 122, 109, 76, 63, 75, 74, 65, 66, 26, 21, and thence to the Colquitt County line and thence from said Colquitt line into and through said Colquitt County to Norman Park, Georgia, in Colquitt County, and thence from Norman Park, Georgia, in Colquitt County to Ellenton, and then from Ellenton in said County of Colquitt to and intersecting with the highway running from Moultrie, Georgia, in Colquitt County to Adel, Georgia, a distance of approximately thirty-six (36) miles. Act of 1929 amended. Road designated. 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

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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. No obligation. State-aid road. 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 Sylvester, Georgia, Worth County, and running in a southeasterly direction through lots of land numbers 334, 335, 310, 309, 290, 263, 262, 245, 216, 215, 200, 169, 168, 155, 122, 109, 76, 63, 75, 74, 65, 66, 26, 21 and thence to the Colquitt County line and thence from said Colquitt County line into and through said Colquitt County, to Norman Park, in Colquitt County, and thence from Norman Park, Georgia in Colquitt County to Ellenton, and then from Ellenton in said County of Colquitt to and intersecting with the highway running from Moultrie, Georgia, in Colquitt County, to Adel, Georgia, a distance of approximately thirty-six 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. Purpose. Section 4. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved February 16, 1938.

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TITLE IX. Superior Courts. ACTS. Appling Superior Court Terms Changed. Bryan Superior Courts-Act of 1920 Repealed. Bryan Superior Court Terms Changed. Glynn Superior Court Terms Changed. Jeff Davis Superior Court Terms Rabun Superior Courts-Two Terms Ware Superior Courts-Four Terms. Wilcox Superior Courts-Three Terms. APPLING SUPERIOR COURT TERMS CHANGED. No. 159. An Act to amend an Act entitled, An Act to amend the Act dividing the Brunswick Circuit and creating the new Waycross Judicial Circuit, and providing calendars for said circuits, approved August 14, 1909, by revising and changing the calendar for said circuits, and for other purposes, approved August 19, 1911; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, that the above-entitled Act be and it is hereby amended by striking 2nd and 3rd in the line reading: Appling: 2nd and 3rd Mondays in March and October. Act of 1911 amended. Section 2. Be it and it is hereby further enacted, that from and after the approval of this Act the regular terms of Appling County Superior Court shall be held on the 3rd and 4th Mondays in March and the 3rd and 4th Mondays in October, instead of 2nd and 3rd Mondays as now provided. Two terms.

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Section 3. Be it further enacted, that all laws and parts of laws in conflict herewith be and they are hereby repealed. Approved January 13, 1938. BRYAN SUPERIOR COURTACT OF 1920 REPEALED. No. 126. An Act repealing an Act to provide for the holding of two additional terms of the Superior Court of Bryan County, and to prescribe the time for holding of the same, and for other purposes, approved July 26, 1920 (Georgia Laws 1920, page 93), 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 Act to provide for the holding of two additional terms of the Superior Court of Bryan County, and to prescribe the time for holding of the same, and for other purposes, approved July 26, 1920 (Georgia Laws 1920, p. 93), be and the same is hereby repealed. Act of 1920 repealed. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved January 10, 1938. BRYAN SUPERIOR COURT TERMS CHANGED. No. 352. An Act changing the term of the Superior Court in Bryan County, Georgia; to provide that said terms shall be

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on the third Monday in March and the first Monday in November of each year; to repeal conflicting laws; 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 regular terms of all Superior Courts to be held in Bryan County, Georgia shall be held on the third Monday in March and the first Monday in November of each year. Said terms of court being changed to the extent that instead of as now provided for said court to convene on the first Monday in May and November, hereafter same is changed from the first Monday in May to the third Monday in March, the November term remaining the same. Two terms, March and 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 February 12, 1938. GLYNN SUPERIOR COURT TERMS CHANGED. No. 347. An Act to provide for holding three regular terms a year of the Superior Court of Glynn County; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act there shall be held in each year three regular terms of the Superior Court for the County of Glynn in the Brunswick Judicial Circuit. Three Terms. Section 2. Be it further enacted, that the terms of said court shall begin on the second 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 such length of time as the presiding judge may determine in conformity with the general provision of law relating to the adjournment of the Superior Courts of the State. January, May, and September. 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 12, 1938. JEFF DAVIS SUPERIOR COURT TERMS. No. 100. An Act to amend an Act entitled An Act to lay off and organize a new county out of portions of Appling and Coffee Counties, and for other purposes in connection therewith, and all Acts amendatory thereto so as to change the time for holding Superior Court in the County of Jeff Davis; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 6, in reference to the time for holding Superior Court in Jeff Davis County, of the Act of the General Assembly appearing on page 55-57 of Georgia Laws of 1905 entitled An Act to lay off and organize a new county out of portions of Appling and Coffee Counties, and for other purposes in connection therewith, and all Acts amendatory thereto be and the same are hereby amended by providing that the Superior Court of Jeff Davis County shall be held in the said county on the first Monday in March, June, and December, and on the third Monday in September, so that the time for holding Superior Court in the said Jeff Davis County shall be on the first Monday in March, June, and December, and on the third Monday in September. Act of 1905 et al., amended. Four terms.

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Section 2. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved December 29, 1937. RABUN SUPERIOR COURTTWO TERMS. No. 79. An Act to amend section 1 of an Act of the General Assembly, of the State of Georgia, approved August 17, 1929 (Acts 1929, page 206), establishing three terms per annum of Rabun Superior Court: That now since the said General Assembly, at this special session, 1937, an Act was passed creating and establishing the City Court of Rabun County; it appears that it will not be necessary to retain the November term of said Rabun Superior Court. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: That section 1 of said Act be amended by striking in said section so much thereof as provides for a term of said court in November; so that when said section is thus amended only two terms will remain in Rabun Superior Court, that is the February and August terms, no change being made in said terms of said court, except the elimination of the November term. Preamble. Two terms, February and August. November eliminated. Section 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that upon the passage and approval of this Act, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved December 29, 1937.

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WARE SUPERIOR COURTFOUR TERMS. No. 206. An Act to provide for holding four terms a year of the Superior Court of Ware County, Georgia; to prescribe the time of and for holding the same; to provide the duration of said terms; to designate the spring and fall terms thereof; to prescribe how and when the grand jury shall be required to attend said court; to provide for all pending business in said court, both civil and criminal, to relate the terms of said court as changed and fixed by this Act, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, that from and after the passage of this Act there shall be held in each year four regular terms of the Superior Court of Ware County, Georgia, and said regular terms shall convene on the fourth Monday in January, the fourth Monday in April, the fourth Monday in July, and the fourth Monday in October in each year, and said court shall continue in session for a period of one week for each term, unless in the discretion of the presiding judge, either of said terms may be sooner adjourned than herein prescribed, or either or all of said terms may be continued or prolonged beyond the respective prescribed periods herein for such length of time, in the discretion of the court, as may be necessary to transact and complete the business of said court; provided that there shall be no adjournment of any or either of said four terms unless so ordered by the presiding judge, or until adjourned by operation of law as now provided by law. Four terms. January, April, July, and October. Section 2. Be it enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that the April and October terms of said Ware Superior

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Court are hereby designated as the spring and fall terms, respectively of said court. Spring and fall terms. Section 3. Be it further enacted by the authority aforesaid, that the presiding judge of said court shall draw the grand juries for the April and October terms thereof, and in his discretion may draw grand juries for the January and July terms thereof, of said court, either in term time or vacation. Grand juries. Section 4. Be it further enacted by the authority aforesaid, that the first term to be held after the passage of this Act shall be the April term, 1938, and all petitions, writs, bills, processes, subpoenas, bonds and proceedings, both civil and criminal of every kind and character now pending in or returnable to said Superior Court of Ware County, Georgia, shall hold good and relate to the terms as changed and fixed by this Act; and that all jurors and witnesses drawn or summoned to attend the May term, 1938, of said court after the passage of this Act, shall be held and considered as drawn and summoned to attend the April term, 1938, thereof, after the passage of this Act. Return of writs, etc. Jurors and witnesses. Section 5. Be it further enacted, that all laws and parts of laws in conflict with this Act, be, and the same are hereby repealed. Approved January 17, 1938. WILCOX SUPERIOR COURTTHREE TERMS. No. 124. An Act to provide for the holding of three terms of the Superior Court of Wilcox County, Georgia, in each year; to prescribe that each term shall be for a period of two weeks, and to provide for the time of holding said terms; to repeal all conflicting laws and for other purposes.

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Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same: Section 1. That from and after the passage of this Act there shall be held in each year in the County of Wilcox three regular terms of the Superior Court of said county of two weeks each. Three terms. Section 2. That the time for the holding of said terms of said court shall be as follows, to wit: The March term of said court shall be held during the week beginning with the fourth Monday in March and the week beginning with the Monday following said fourth Monday in March; the July term shall be held during the week beginning on the fourth Monday in June and the week beginning the next succeeding Monday; the November term shall be held during the week beginning on the fourth Monday in November and the week beginning on the Monday next succeeding the fourth Monday in November. March, July, and November. Section 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved January 10, 1938.

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PART IILOCAL AND SPECIAL LAWS

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TITLE I. CITY, COUNTY, AND MUNICIPAL COURTS. Atlanta MunicipalCourt Judges' Pay. Augusta Municipal Court Amendments. Bainbridge CityCourt Salaries. Clinch County Court Established. Clinch County Court Restored. Darien City Court, Election to Abolish. Jesup City Court Fines, Fees, etc. LaGrange City Court Jury Trials. Lexington CityCourt Judge's Tenure. Pembroke City Court Established. Pembroke City Court Established. Savannah Municipal CourtService of Warrants. Stephens City Court Amendments. Waycross City Court Terms; Pleas. Wilkinson County Court Abolished. ATLANTA MUNICIPAL-COURT JUDGES' PAY. No. 360. An Act to amend an Act, entitled: 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, which said Act was passed

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by the General Assembly of Georgia in 1937 and approved on March 12, 1937, and appears in the Acts of the regular session of the Legislature of 1937, on page 1147, by inserting at the end of said substituted section, as set out in section 1 of said Act the following language: Provided, further, that no Judge or other official of said court shall receive to his own use any fees or perquisites of office whatever, and for other purposes: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act entitled An Act to 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, which said Act was passed by the General Assembly of Georgia in 1937 and approved on March 12. 1937, as appears on record in the Acts of said Session, page 1147, be and the same is hereby amended by adding at the end of section 16 as same is quoted in section 1 of said Act the following language Provided, further, that no Judge or other official of said court shall receive to his own use any fees or perquisites of office whatever, so that said section 16, when amended, shall read as follows: Act of 1937 amended. 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 salary of the chief judge; the annual salary of the other or associate judges of said court shall be seventy-

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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; provided, further, that no Judge or other official of said court shall receive to his own use any fees or perquisites of office whatever. Salaries of the Judges. Payment. No fee, etc. 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 date. Section 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 16, 1938. AUGUSTA MUNICIPAL COURT AMENDMENTS. No. 112. An Act to amend An Act to abolish justice courts and the offices of justice of the peace and notary public ex-officio justice of the peace and the office of constable in the City of Augusta; to establish and create in lieu thereof a Municipal Court in and for the City of Augusta; to define its jurisdiction and powers; to provide for the election of a judge and clerk and sheriff, and the appointment of other officers thereof; to define their powers and duties and to fix their compensation; to provide for the rules and procedure and new trials in said court and writs of error therefrom; and for other purposes; amended by an Act approved March 24, 1933 (Acts 1933, pages 299-307) and amended by an

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Act approved March 21, 1935 (Acts 1935, pages 505-508); to enlarge the jurisdiction of said court; to regulate and define the procedure in said court and make certain changes therein; to provide the manner of appointment of assistants to the clerk and sheriff; to fix the qualifications for the office of judge of said court; to provide the manner of holding elections for judge, clerk and sheriff; to change the manner of making up panels of jurors; to provide for trial by jury in certain cases, and to fix the costs in certain cases; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that section 2 of the Act of the General Assembly of Georgia establishing the Municipal Court of the City of Augusta, approved August 28, 1931 (Acts 1931, pages 270-285), amended by an Act approved March 24, 1933 (Acts 1933, pages 299-307) and amended by Act approved March 21, 1935 (Acts 1935, pages 505-508), be and the same is herebya mended in the following particulars: Acts of 1931 and 1933 amended. A. By adding to section 2 of said Act the following, to be denominated section 2-A: The Municipal Court of the City of Augusta 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 the same as to any issues to be tried thereon to either the Municipal Court of the City of Augusta or to the Superior Court of Richmond County, provided such election is stated in the warrant or affidavit at the time the same is issued; and if no such election is so stated, said warrant or affidavit shall be returnable to the Municipal Court of the City of Augusta. Eviction suits. Election as to return. B. By adding to section 2 of said Act, after section 2-A just above stated, the following to be denominated section 2-B: Whenever the words `principal amount, sworn to

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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 sought to be enforced by the defendant by set off or counterclaim, exclusive of and not computing interest, hire, attorney's fees and costs. Principal sum sued for, defined. So that said section when amended will read as follows: Be it further enacted by the authority aforesaid, that said Municipal Court of Augusta shall have concurrent jurisdiction within the County of Richmond, with the Superior Court and existing Justice Courts of said County, to try and dispose of all civil cases or proceedings of whatever nature, whether arising ex contractu or ex delicto, under the common law or by statute in which the principal sum sworn to or claimed to be due, or the value of the property in dispute, does not exceed Five Hundred Dollars, and of which jurisdiction is not vested by the Constitution and laws of the State of Georgia, exclusively in another or other courts. The criminal jurisdiction of said Municipal Court shall not exceed the jurisdiction now or hereafter vested by law in the justice courts of this State, but such jurisdiction shall extend over the entire County of Richmond. Section 1 to be read as amended. 2-A. The Municipal Court of the City of Augusta 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 the same as to any issues to be tried thereon to either the Municipal Court of the City of Augusta or to the Superior Court of Richmond County, provided such election is stated in the warrant or affidavit at the time the same is issued, and if no such election is so stated said warrant or affidavit shall be returnable to the Municipal Court of the City of Augusta.

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2-B. Whenever 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 sought to be enforced by the defendant set off or counterclaim, exclusive of and not computing interest, hire, attorney's fees and costs. Section 2. Be it further enacted by the authority aforesaid that section 3 of the Act of the General Assembly of Georgia, approved August 28, 1931, creating the Municipal Court of the City of Augusta, be and the same is hereby amended by striking from said Section 3 after the words shall be permitted to vote in said election all of the remaining part of said section 3, and substituting in place thereof the following: In the voting precinct in which they live in the same manner as they vote for other candidates for other State and/or county offices, so that said section as amended will read as follows: Act of 1931 amended. Words substituted. Be it further enacted by the authority aforesaid that there shall be a judge of said Municipal Court, whose term of office shall be four years and who shall be elected by the qualified votes of the County of Richmond quadrennially at the regular State election for the election of State House Officers and members of the General Assembly; provided that the judge of said Court first elected under the terms of this Act shall be elected on the third Wednesday in December, 1932, at the election to be held for that purpose; provided further that all qualified voters of the county resident in and/or outside of the City of Augusta shall be permitted to vote in the voting precinct in which they live in the same manner as they vote for other candidates for other State and/or county offices. Voters. Section 3. Be it further enacted by the authority aforesaid that section 5 of this Act of the General Assembly of Georgia, approved August 28, 1931, creating the Municipal

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Court of the City of Augusta, be and the same is hereby amended by striking from said section 5 the following words: are herein provided for the election of the judge of said Municipal Court, and substituting in the place thereof the following: are provided for the election of the judge of said Municipal Court, so that said section 5 as amended will read as follows: Act of 1931 amended. Words substituted. Be it further enacted by the authority aforesaid, that there shall be a clerk and sheriff of said Municipal Court, whose terms of office shall each be four years, and who shall be elected at the same election at which the judge of said court is elected, under the same rules and regulations as are provided for the election of the judge of said Municipal Court. Clerk's election and term. Section 4. Be it further enacted by the authority aforesaid that section 6 of the Act of the General Assembly of Georgia, approved August 28, 1931 (Georgia Laws 1931, pages 270-285), as amended, be and the same is hereby amended by inserting in said section immediately after the words City of Augusta therein the following words: or the judge of said Municipal Court, so that said section as amended will read as follows: Act of 1931 amended. Be it further enacted by the authority aforesaid, that any person that shall be elected judge of said Municipal Court must at the time of his election have been a resident of Richmond County and a practicing attorney at law at least five (5) years immediately preceding his election; provided that any person who shall have been a justice of the peace or Notary Public and ex-officio Justice of the Peace in the City of Augusta, or the Judge of said Municipal Court for the five years prior to said election shall be eligible to be elected to and hold the office of judge of said Municipal Court; that the judge of said court shall be subject to the same restrictions as is imposed by law upon Superior Court Judges prohibiting his practicing law. Judge's eligibility.

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Section 5. Be it further enacted by the authority aforesaid, that section 17 of the Act of the General Assembly of Georgia, approved August 28, 1931, establishing the Municipal Court of the City of Augusta (Georgia Laws 1931, pages 270-285), be and the same is hereby amended by adding thereto the following: Provided, however, that all declarations in attachment in said court shall be filed before the call of the appearance docket at the term of said court to which such attachment is made returnable, so that said section 17 of said Act approved August 28, 1931, as amended, will read as follows: Act of 1931 amended. Be it further enacted by the authority aforesaid, that the general laws of this State in regard to commencement of actions in the superior courts, and defenses thereto, of whatever nature, the pleadings, the method of procedure and practice therein, and in regard to the examination of parties to suits or witnesses, by interrogatories or under subpoena, witnesses and their attendance, continuances, charge of the court, granting of new trials, and other matters of a judicial nature within the jurisdiction of said municipal court, shall be applicable to said municipal court, except as may be otherwise provided in this Act, provided, however, that all declarations in attachment in said court shall be filed before the call of the appearance docket at the term of said court to which such attachment is made returnable. Attachment declarations. Section 6. Be it further enacted by the authority aforesaid, that section 18 of said Act approved August 28, 1931, (Georgia Laws 1931, pages 270-285), be and the same is hereby amended by striking therefrom the following words: and shall in the City of Augusta be executed by the sheriff or his deputies of said Municipal Court, and outside of said city by any sheriff, deputy sheriff or lawful constable as now provided by law for such proceedings from the superior courts of this State, and substituting in the place thereof the following: and shall

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be executed by the sheriff or his deputies of said Municipal Court, or by any sheriff, deputy sheriff, or lawful constable or other peace officers, as now provided by law for such proceedings from the superior courts of this State, so that said section 18 of said Act approved August 28, 1931, as amended, will read as follows: Act of 1931 amended. Be it further enacted by the authority aforesaid, that suits in said Municipal Court shall in all respects be conformable to the mode of procedure in the superior courts, save as in this Act excepted; process to suit shall be annexed by the clerk of said court, bear test in the name of the judge thereof, and be directed to and served by the sheriff of said court or his lawful deputies. All executions, warrants, writs and summary processes of any kind issuing from said Municipal Court shall be issued by the judge thereof or in his name by the clerk or deputy clerks, and be directed to the sheriff and his lawful deputies of said Municipal Court and to all and singular the sheriffs and deputy sheriffs, and lawful constables of this State, and shall be executed by the sheriff or his deputies of said Municipal Court, or by any sheriff, deputy sheriff, or lawful constable or other peace officer, as now provided by law for such proceedings from the superior courts of this State. Execution of processes and writs. Section 7. Be it further enacted by the authority aforesaid, that section 19 of the Act approved August 28, 1931 (Georgia Laws 1931, pages 270-285), is hereby amended by striking therefrom subsection (a) of said section 19 in its entirety, and substituting in the place thereof a new subsection (a) to read as follows: Act of 1931 amended. That the terms of said Municipal Court shall be held monthly, on the fourth Monday in each month; that suits shall be filed in the clerk's office of said court at least fifteen (15) days before the first day of the term to which they are returnable, and shall be served at least ten (10) days before the first day of said term. The terms of said

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court shall end at twelve o'clock, noon, on the fourth Monday in each month. The judge of said court shall call the appearance docket on the first day of each term at twelve o'clock, Eastern Standard Time; and in all cases in which no answer has been filed before said docket is called by said judge, the judge on the call of the appearance docket shall mark the same In default, and no judgment shall be rendered in any such case until after the expiration of 5 days from the marking of said case in default. The right of opening such default shall be governed by the same rules of law now in force as to opening defaults in the superior courts of this State, whether judgment has been rendered in said case or not. New section 19 (a). Terms of court. Section 8. Be it further enacted by the authority aforesaid, that Section 21 of the Act approved August 28, 1931, (Georgia Laws 1931, page 270-285), as amended by Act approved March 21, 1935 (Georgia Laws 1935, pages 505-508), be and the same is hereby amended by striking the word twelve following the words from it shall be drawn in said section, so that said section as amended will read as follows: Acts of 1931 and 1933 amended. Be it further enacted by the authority aforesaid, that it shall be the duty of the clerk of said Municipal Court to prepare and file in his office from the list of the traverse jury of the Superior Court of Richmond County, as provided from time to time for such superior court, a list of the traverse jurors appearing thereon who are residents of Richmond County. From said list so prepared traverse jurors in said Municipal Court shall be drawn in the following manner: The clerk of said Municipal Court shall write upon separate tickets the names of such jurors, and shall number the same and place in a box prepared for that purpose. From it shall be drawn traverse jurors in the manner prescribed by law in the superior courts. All laws with reference to the drawing, selecting

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and summoning of traverse jurors in the superior court shall apply to said Municipal Court under the limitation provided by the terms of this Act. Jurors drawn and summoned. Section 9. Be it further enacted by the authority aforesaid, that section 23 of the Act of the General Assembly of Georgia approved August 28, 1931 (Georgia Laws 1931, pages 270-285), be and the same is hereby amended by striking said Section 23 in its entirety and substituting in the place thereof the following, to be known as section 23: Act of 1931 amended. Be it further enacted by the authority aforesaid, that all jury trials in said court shall be by a jury of six. From said panel of traverse jurors drawn and summoned in accordance with the provisions of this Act, the judge of said Municipal Court shall cause to be made up at least one panel of jurors containing twelve jurors, and as many other jurors as may be in his discretion necessary and all cases and issues to be tried by jury at such term of said Municipal Court shall be tried by a jury striken from a panel of jurors thus drawn, plaintiff and defendant each being entitled to three peremptory challenges. In the event that said jurors should be reduced below twelve for any cause, or when upon 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 Sheriff of Richmond County or his deputies, or such other person as the judge may appoint. New section 23. Jury panels. Strikes. Challenges. Section 10. Be it further enacted by the authority aforesaid, that section 24 of the Act of the General Assembly of Georgia, approved August 28, 1931 (Georgia Laws 1931, pages 270-285), be and the same is hereby amended by striking therefrom the word and and substituting in the place thereof the word or. Act of 1931, section 24, amended.

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Section 11. Be it further enacted by the authority aforesaid, that subsection (a) of section 25 of the Act of the General Assembly of Georgia approved August 28, 1931 (Georgia Laws 1931, pages 270-285), as amended by section 2 of the Act of the General Assembly of Georgia approved March 24, 1933 (Georgia Laws 1933, pages 299-307), be and the same is further hereby repealed, and the following is enacted in lieu thereof, to wit: Acts of 1931 and 1933 amended. (a) In all cases in said court wherein the principal sum claimed or the value of property in controversy does not exceed twenty-five dollars ($25.00), whether tried by jury or tried by the judge without a jury, the judgment of said court shall be conclusive, and no new trial shall be granted, provided, nevertheless, said case may be carried to the Superior Court by certiorari as provided by the general laws in reference to the writ of certiorari. New trial. Certiorari. Section 12. Be it further enacted by the authority aforesaid, that subsection (b) of Section 25 of the Act of the General Assembly of Georgia, approved August 28, 1931, (Georgia Laws 1931, pages 270-285), as amended by section 3 of the Act of the General Assembly of Georgia approved March 24, 1933 (Georgia Laws 1933, pages 299-307), be and the same is hereby repealed, and in lieu of said subsection (b) of section 25 as amended as aforesaid, the following is enacted, to wit: Acts of 1931 and 1933 amended. (b) In all cases in said court tried by the judge thereof without a jury or tried by jury, in which the principal sum claimed or the value of the property in controversy exceeds twenty-five dollars ($25.00), upon announcement of the judgment by the court, or upon rendition of the verdict by the jury, any party or his counsel may make a written motion for a new trial within five (5) days after judgment is entered in said case. Unless said motion for new trial is made as herein provided, the parties shall be held to have waived their right to move for a new trial, except upon the grounds on which extraordinary motions

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for new trial may be made. Said motion shall be heard at such time not exceeding thirty (30) days after the making of said motion as the court in its discretion may set for a hearing; provided, nevertheless, that upon the disposition of a motion for new trial by said Municipal Court, any party, plaintiff or defendant or claimant therein, may certiorari said case to the Superior Court of Richmond County under the general law of the writ of certiorari. New section 25 (b). New trials. Section 13. Be it further enacted by the authority aforesaid that the judge of the Municipal Court of the City of Augusta 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 discretion 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 prevailed in the Superior Court, save that the charge for such reporting shall be 10 per hundred words for taking down the testimony and 10 per hundred 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. Reporting of cases. Charges. Section 14. Be it further enacted by the authority aforesaid that section 3 of the Act of the General Assembly of March 21, 1935, amending an Act approved August 28, 1931, creating Municipal Court of the City of Augusta, be and the same is hereby amended by striking from said Act of 1935 section 3 thereof and inserting in lieu thereof the following: Act of 1935 amended.

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Section 3. Be it further enacted by the authority aforesaid that the salary of the Judge of said Municipal Court shall be $4800.00 per annum; the salary of the Clerk of said court shall be $2400.00 per annum; the salary of the Chief Deputy Clerk of said court shall not exceed $1320.00 per annum; the salary of the Sheriff of said court shall be $2400.00 per annum; and the sheriff of said court shall have power, by and with the consent of the judge of said court, to appoint one chief deputy sheriff at a salary of $1500.00 per annum and one deputy sheriff at a salary of $1440.00 per annum, and with the consent of said judge of said court, a deputy sheriff or deputy sheriffs as the business of said court may demand at a salary not to exceed $3.00 per diem; provided nevertheless that said deputy sheriff or deputy sheriffs shall serve only during such time as both the judge and the sheriff may deem their services necessary for the best interests of the court. And any such deputy or any bailiff may be discharged by the Judge or Sheriff at any time, and any such vacancy or vacancies thus created may be filled in the same manner as such officers were originally appointed under this Act as amended. The compensation of all officers of said municipal court shall be paid monthly out of the treasury of Richmond County, upon the warrants of the judge of said court, by the officer or officers charged by law with paying out the moneys of said county, and charged as a part of the court expenses of said court. New section 3. Salaries of officers. Deputies. Payment. Section 15. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict herewith are hereby repealed. Approved December 29, 1937.

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BAINBRIDGE CITY-COURT SALARIES. No. 85. An Act to amend Acts amending an Act establishing the City Court of Bainbridge, approved August 14, 1931 (Georgia Laws 1931, page 285), and approved March 2, 1933 (Georgia Laws 1933, page 307) providing that the salary of the judge and of the solicitor of said City Court of Bainbridge shall be twenty-four hundred dollars ($2400.00) per annum instead of two thousand dollars ($2,000.00) per annum, and that the salary of the clerk of said City Court of Bainbridge shall be two thousand dollars ($2,000.00) per annum instead of fifteen hundred dollars ($1500.00) per annum; and further providing that said increased salaries shall begin January 1, 1938; and further providing for the payment of said salaries monthly; and for other 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 14, 1931 (Georgia Laws 1931, page 285), be and the same is hereby amended by striking from sections 1 and 2 the words and figures two thousand dollars ($2,000.00) wherever they occur fixing the salary of the judge and of the solicitor of the City Court of Bainbridge and inserting in lieu thereof the words and figures twenty-four hundred dollars ($2400.00), so that when said Act is amended the same shall provide and fix the salary of the judge of the City Court of Bainbridge and of the solicitor of the City Court of Bainbridge at twenty-four hundred dollars ($2400.00) per annum instead of two thousand dollars ($2,000.00) as fixed and set forth in said Act. Act of 1931 amended. Salaries increased. Judge and solicitor. Section 2. Be it further enacted by the authority aforesaid that section 3 of said Act, approved August 14, 1931 (Georgia Laws 1931, page 285), be and the same

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is hereby amended by striking from said section of said Act the words and figures fifteen hundred dollars ($1500.00) and inserting in lieu thereof the words and figures two thousand dollars ($2,000.00), so that the salary of the clerk of the City Court of Bainbridge shall be two thousand dollars ($2,000.00) per annum instead of fifteen hundred dollars ($1500.00) per annum. Clerk's salary. Section 3. Be it further enacted by the authority aforesaid that section 7 of the Act approved August 14, 1931 (Georgia Laws 1931, page 285), be and the same is hereby amended by striking from said section 7 of said Act the words and figures two thousand dollars ($2,000.00) wherever they appear in said section and relating to the salary of the judge and of the solicitor of said City Court of Bainbridge, and inserting in lieu thereof the words and figures twenty-four hundred dollars ($2400.00), and further striking from said section 7 of said Act the words and figures fifteen hundred dollars ($1500.00) wherever the same occur relating to the salary of the clerk of the City Court of Bainbridge, and inserting in lieu thereof the words and figures two thousand dollars ($2,000.00). Clerk's salary. Section 4. Be it further enacted by the authority aforesaid that the Act approved March 2, 1933 (Georgia Laws 1933, page 307), be, and the same is hereby, amended by striking from said Act the words and figures two thousand dollars ($2,000.00) whenever and wherever they occur in said Act dealing with the salary of the judge and of the solicitor of the City Court of Bainbridge, and inserting in lieu thereof the words and figures twenty-four hundred dollars ($2400.00). Salaries of judge and solicitor. Section 5. Be it further enacted by the authority aforesaid that it is the purpose and intention of this Act to increase and fix the salary of the judge and of the solicitor of the City Court of Bainbridge at twenty-four hundred dollars ($2400.00) per annum, and to increase

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and fix the salary of the clerk of the City Court of Bainbridge at two thousand dollars ($2,000.00) per annum, and that all acts or laws heretofore enacted amending the Act establishing the City Court of Bainbridge and fixing the salary of the judge, of the solicitor and of the clerk of said City Court of Bainbridge, be and the same are hereby, repealed, so that upon the passage and approval of this Act, and beginning the effective date hereof as is hereinafter set forth, the salary of the judge and of the solicitor of the City Court of Bainbridge shall be fixed and set at twenty-four hundred dollars ($2400.00) per annum each, and the salary of the clerk of said City Court of Bainbridge shall be set and fixed at two thousand dollars ($2,000.00) per annum. Purpose to increase salaries. Section 6. Be it further enacted by the authority aforesaid that the salary of the judge, of the solicitor and of the clerk of said City Court of Bainbridge, set, fixed and provided as aforesaid, shall commence and be effective January 1, 1938, and that the salary of said judge and of said solicitor shall be paid in equal monthly payments of two hundred dollars ($200.00) each, the first payment for January salary to be paid February 1st, and said salary to be paid on the first day of each month thereafter, and that the salary of the clerk of said City Court of Bainbridge shall be paid in twelve equal payments of one hundred and sixty-six dollars and sixty-six cents ($166.66) per month, beginning on February 1st for January salary, and on the first day of each month thereafter. Effective date. Section 7. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be, and they are hereby, repealed. Approved December 29, 1937.

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CLINCH COUNTY COURT ESTABLISHED. No. 165. An Act to create and establish the County Court of Clinch in and for the County of Clinch; to provide the place and times of holding said court; to define its jurisdiction, powers, procedure and practice; to provide for the election of a judge, solicitor; to provide for other officers of said court, define their qualifications, powers and duties, and provide for their compensation; to provide for a special election; to provide for pleading and practice in said court, writs of errors therefrom; 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 County Court of Clinch County is hereby created and established, to be located in the City of Homerville, which is the county site of Clinch County, which court shall have civil and criminal jurisdictions over and throughout the entire County of Clinch, 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 Clinch 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. Court created. 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

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the State, in the same manner as judgments of the Superior Courts are, and all executions issuing from said county 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 County Court of Clinch County, and to all and singular the sheriffs or their deputies of the State of Georgia. Judgment liens. 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 other process from said county 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. Claims on levies. Section 4. Be it further enacted by the authority aforesaid, that the terms of said county 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: First Monday in January, April, July, and October of each year. Said monthly period shall be held as follows: On the first Monday of each month of the year. Provided, that the judge of said county 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 Homerville, in the said County of Clinch and shall

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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 county 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 court. Section 5. Be it further enacted by the authority aforesaid, that suits in said county court shall in all respects be conformable to the mode of proceedings in the Superior Court, except as hereinafter provided; but the process to writs shall be annexed by the clerk of said county court, be tested in the name of the judge thereof, and be directed to and served by the sheriff of the County Court of Clinch County, or is deputies thereof. Procedure. Writs. e 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 county court. Service, pleading, practice. Section 7. Be it further enacted by the authority aforesaid, that said County Court of Clinch 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 county 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 county court, except where they conflict with the provisions of this Act. Seal, records, files, etc. 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 County Court, and executions shall

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issue and be levied and sales be had there under the same rules and laws regulating the same in the Superior Courts. Judgments and executions. Section 9. Be it further enacted by the authority aforesaid, that the judge of said county 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 county court, who shall be elected by the qualified voters of Clinch County and commissioned by the Governor, who shall hold his office for a period of two years and thereafter until his successor is qualified. And in case of a vacancy the said office of this vacancy shall be filled by the appointment by the Governor for the unexpired term. The judge of the said county court shall receive a salary of six hundred dollars ($600.00) per annum which shall be paid monthly by the clerk of the Board of Commissions 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 Clinch. 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. Election. Term. Salary. Tax levy. 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 be at least twenty-five years of age and a citizen of the County of Clinch for a period of twelve months prior to his election, and he shall, before entering upon the duties of his office, take and subscribe the following oath: I solemnly swear that I

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will administer justice without respect to persons, and do equal right to the rich and poor, and that I will faithfully and impartially perform and discharge all the duties which may be required of me as Judge of the County Court of Clinch 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 of office. Section 12. Be it further enacted by the authority aforesaid, that whenever the judge of said county 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's disqualification. Section 13. Be it further enacted by the authority aforesaid, that in case of the absence of the judge of said county 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. Judge's absence. Adjournment. Section 14. Be it further enacted by the authority aforesaid, that there shall be a solicitor of said county court, elected and commissioned in the same manner provided for the election of the judge of 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 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 fifty dollars ($50.00) per month, the same to be paid out of the county treasury. The said

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solicitor shall receive no other fees or compensation for his services, except that the solicitor of said county 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. Fees to county treasury. Salary. Fees in review courts. 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 County Court of Clinch 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 of office. 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 for his services, should he require it, not exceeding three dollars ($3.00) per day to be paid by the solicitor out of his compensation provided for in section 14 of this Act. Solicitor pro tem. Pay. Section 17. Be it further enacted by the authority aforesaid, that the clerk and his deputies of the Superior Court of Clinch County shall be ex-officio clerk and deputies of said County Court. Said clerk shall, before entering upon the 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 county court; and he shall also, before entering

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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 five hundred dollars ($500.00) 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. Bond. Section 18. Be it further enacted by the authority aforesaid, that the sheriff and his deputies of Clinch County shall be ex-officio sheriff and deputy sheriffs of the County Court of Clinch County, and in his official connection with said court the sheriff of Clinch County shall be known as the sheriff of County Court of Clinch 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 five hundred dollars for the faithful discharge of the duties of his office, said bond to be approved by the judge of said court. Sheriff and deputies. 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 County Court of Clinch County and to the office of sheriff of the County Court of Clinch County, respectively; and that the Judge of said County Court of Clinch 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. Duties and liabilities. Section 20. Be it further enacted by the authority aforesaid, that the clerk and sheriff, and their deputies of said county 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 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

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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 county 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 of clerk and sheriff limited. Compensation. Penalties. Remedies. 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, and whenever the judge in his discretion shall require the same reported, whether demanded or not. Said reporter or stenographer

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shall receive, for his services in reporting and transcribing the record in criminal cases in said county 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. Reporter of evidence. 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 Clinch County, as provided for from time to time for such Superior Court. From said copy so made traverse jurors in said county court shall be drawn in the following manner: The clerk of said county 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 county court. All exemption from jury duty now of force in the County of Clinch shall apply and be of effect in said county court. Juries. Laws applicable. 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 county court, except when inconsistent with the provisions of this Act. Superior court 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 summoned to serve only at the regular quarterly terms thereof. Traverse jurors.

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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 plaintiff 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 county court, except where they are inconsistent with the terms of this Act. Panels. Trials. Challenges. Section 26. Be it further enacted by the authority aforesaid, that all defendants in criminal cases in which the prosecution originates in said county court, or where such defendants are bound over to said county 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 county court; and all the proceedings after accusations shall conform to the rules governing in the Superior Courts. 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. Trials. Section 27. Be it further enacted by the authority aforesaid, that the judge of said county court shall have

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power to grant a new trial in any case, civil or criminal, in his court, upon the same terms and conditions and under the same laws and regulations 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 county court. New trials. Section 28. Be it further enacted by the authority aforesaid, that writs of error shall be directed from said county 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 29. Be it further enacted by the authority aforesaid, that the judge of the Superior Court of Clinch County may send down from the Superior Court of said county all presentments and bills of indictment for misdemeanors to said county court for trial or other disposition, the order so transmitting such cases to be entered on the minutes of both of said courts. Transfers from superior court. Section 30. Be it further enacted by the authority aforesaid, that all suits shall be by petition, and process shall be made returnable to the next terms 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 montly 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. Petition and process. Return term. Service.

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Section 31. 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 calls. Judgment without verdict. Section 32. 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 county court. Superior court laws applicable. Section 33. Be it further enacted by the authority aforesaid, that all jurors in said county 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 Clinch County. Jurors' pay. Section 34. 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 Clinch may be brought

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in county 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. Section 35. Be it further enacted by the authority aforesaid, that the judge of said county 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 county 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; and 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. Testimony de bene esse. Oaths. Attestations. Section 36. Be it further enacted by the authority aforesaid, that attachments and garnishments in said court of returnable to said court shall be directed to the sheriff or his deputies of the County Court of Clinch County and to all and singular the sheriffs and constables of this State; and the judge of said county court may, or any justice of the peace or notary public may, issue attachments and garnishments returnable to said county court under the same laws that govern the issuing of attachments and garnishments returnable to the Superior Courts. Attachments and garnishments. Section 37. Be it further enacted by the authority aforesaid, that the Commissioners of Roads and Revenues of Clinch County shall provide a suitable place in the county court house for the holding of said county 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. Court-room.

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Section 38. Be it further enacted by the authority aforesaid, that all fines and forfeitures arising from cases tried in said county 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 county court, such magistrate binding over shall be entitled to share as to his costs in the particular case with the officers of said county court hereinbefore named, upon the same terms in any fine or forfeiture that may arise therefrom; provided, further, that the County of Clinch 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 county 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. Fees and costs. Justices of the peace. County not liable, except in specified cases. Section 39. Within five (5) days after the approval of this Act it shall be the duty of the Ordinary of Clinch County to call a special election for judge and solicitor of the County Court of Clinch County, which said election shall be held within ten (10) days after the Ordinary has issued the said call. The votes shall be consolidated

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and the Ordinary shall immediately publish the result of said election. Election of judge and solicitor. Section 40. It shall be the further duty of the Ordinary to call a special election every two years from the date the first special election is held at which time a judge and solicitor shall be elected. Call of elections. Section 41. Be it further enacted by the authority aforesaid, that for any reason any section or sections of this Act should be held unconstitutional that the remaining parts of this Act shall be valid. Invalid parts. Section 42. Be it further enacted by the authority aforesaid, that this Act shall become effective on or after passage or approval of the Governor. Effective date. Section 43. 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 January 13, 1938. CLINCH COUNTY COURT RESTORED. No. 114. An Act to repeal an Act approved March 4, 1937, abolishing the County Court of Clinch County, Georgia; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the previous action of this General Assembly abolishing the County Court of Clinch County, Georgia, be and the same is hereby repealed and rescinded; and the Act of said General Assembly approved March 4, 1937, appearing in the published Acts of the General Assembly of Georgia at its regular

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1937 session found on page 1182 of same, entitled An Act to abolish the County Court of Clinch County, Georgia; to transfer all cases pending therein; and for other purposes, be and the same is hereby repealed in its entirety. Act of 1937 repealed. Section 2. Be it further enacted by the authority aforesaid that all suits and cases, whether criminal or civil and all other actions that were pending in said court at the time said Act above referred to became effective and which were transferred thereby to the Superior Court of said County of Clinch and which have not since been adjudicated or otherwise disposed of, be and the same are hereby transferred back to the County Court of Clinch County, and said county court shall have the same jurisdiction and authority in said matters and in all other matters coming under its jurisdiction to the same extent as if said Act above referred to had never been enacted into law. Pending cases transferred. 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, it being the intention of this Act to restore said County Court of Clinch County to its status as it had prior to and at the time that said Act above referred to approved March 4, 1937, went into effect. Instead of this Act. Approved December 29, 1937. DARIEN CITY COURT, ELECTION TO ABOLISH. No. 101. An Act to abolish the City Court of Darien, McIntosh County, Georgia; to transfer all cases pending therein to the Superior Court in said county, provision for a referendum; and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act creating the City Court of Darien in McIntosh County, Georgia, contained in Georgia Laws 1929, pages 409 to 420, both inclusive, be, and the same is hereby repealed in its entirety, subject to the provision contained in section 3, and the City Court of Darien is hereby abolished. Act of 1929 repealed. Section 2. Be it further enacted by the authority aforesaid that all cases, criminal and civil, and all matters of every kind therein pending at the time of the passage and approval of this Act are hereby transferred to the Superior Court of McIntosh County, Georgia and the clerk of said City Court of Darien will cause the same to be entered by the clerk of the Superior Court of McIntosh County, Georgia, on the records of said Superior Court accordingly. Transfer of cases. Section 3. Be it further enacted by the authority aforesaid, that before this Act shall go into effect, the same shall be ratified at an election to be called by the Board of County Commissioners of said county, said election to be held at the same time of the general election for State House Officers in said county in 1938, and if in said election a majority of all those voting should be in favor of abolishing the City Court of Darien this Act shall become of binding force and effect. The ballots furnished the voters in this election shall have written or printed thereon For abolishing the City Court of Darien; and Against abolishing the City Court of Darien. Said election shall be held under the rules and regulations now governing special elections in this State and shall be under the direction of the county commissioners of McIntosh County, who shall declare the result of said election. Election to adopt this Act. Ballots. Section 4. Be it further enacted that all laws and/or parts of laws in conflict with this Act are hereby repealed. Approved December 29, 1937.

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JESUP CITY COURT FINES, FEES, ETC. No. 40. An Act to amend an Act establishing the City Court of Jesup in and for the County of Wayne approved July 31, 1916, and the Acts amendatory thereof, by providing that the sheriff of the city court shall collect and the clerk shall disburse all fines and forfeitures; that the sheriff and clerk shall be paid their fees where the defendant is sentenced to and placed on a chain-gang or the State farm; and that where a defendant pays a fine, the fee due to the solicitor shall be paid into the county treasury; and that the overplus in the fine and forfeiture fund remaining after all legal insolvent orders have been settled, shall be paid into the Wayne County treasury; and providing for a solicitor pro tem. 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 4 of the Act approved July 31, 1916, as amended by section 1 of the amendatory Act approved August 16, 1921, and the Act approved August 6, 1924, be amended as follows: Acts amended. By striking out of said section 4 as amended by the Act approved August 6, 1924, and by section 1 of the Amendatory Act of 1921, after the word court in the seventh line of said amending section 1, the words, and the fees heretofore collected and all fines and forfeitures shall be paid into the county treasury of the County of Wayne, after the cost of clerk of said court, and the sheriff and bailiff of said court has been paid out of said fines or forfeitures, so that when amended said section 4 shall read as follows: Section 4. Be it further enacted by the authority aforesaid, that there shall be a solicitor of said city court, and the present solicitor (W. B. Gibbs) of the County

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Court of Wayne County is by this Act made solicitor of the City Court of Jesup, who shall hold office as solicitor of said city court until the next regular election held for the election of members of the General Assembly immediately after the passage of this Act, when a solicitor shall be elected by the qualified voters of Wayne County in the same manner as county officers are now or may hereafter be elected, for a term of four years, beginning January 1, 1917, and until his successor is elected and qualified and thereafter the term of office of said solicitor shall be four years, beginning January 1, 1917, and shall be elected by the qualified voters of Wayne county every four years from said first election under the provisions of this section, at the same time and in the same manner as other county officers of Wayne County are now elected, and shall be commissioned by the Governor for the term of four years. Should there be a vacancy in said office of solicitor for any cause whatsoever, the said vacancy shall be filled in the same manner as vacancies in the office of solicitor-general of the Superior Court are now filled. It shall be the duty of said solicitor to prosecute all offenses cognizable before the said court. He must be at least twenty-three years of age, and a resident of Wayne County for three years immediately preceding his election or appointment, and must have been in the active practice of law for one year. The said solicitor shall before entering upon the duties of his office give bond and security in the sum of one thousand dollars, conditioned for the faithful discharge of his duties of his office, and shall take and subscribe the oath required by the solicitor-general of superior courts of this State. That said solicitor of said City Court of Jesup shall not receive any cost or fees, but shall be placed upon a salary of one thousand dollars ($1,000.00) per annum, which shall include all remunerations for said service as solicitor of said court. Solicitor. Election. Term. Vacancy, how filled. Duty. Eligibility. Bond. Oath. Salary.

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Section 2. Be it further enacted by the authority aforesaid that section 2 in the Act approved August 31, 1921, be amended by striking after the word convicted in the fourth line, the words, and placed upon the chaingang, then and in that event the sheriff of said county or the bailiff of said city court, and adding in lieu thereof the following: Or pleads guilty and is sentenced to and placed on a chain-gang or the State farm, the clerk and sheriff and committing officers, and by striking the word his and adding in lieu thereof the word their, and by adding after the word chain-gang in the 10th line, the words or State farm, so that when amended said section shall read as follows: Section 2. Be it further enacted by the General Assembly of Georgia, that from and after the passage of this Act, that in all criminal cases, tried in the City Court of Jesup where the defendant is convicted or pleads guilty and is sentenced to and placed on a chain-gang or the State farm, the clerk and sheriff and committing officers shall be paid their actual legal cost in said case, and that the county commissioners shall examine their bills for cost in cases where the defendant is placed upon the chain-gang or State farm, then that said commissioners shall audit said bill of cost and shall require all just and legal cost paid from the county treasury. Cost bills. Payment. Section 3. Be it further enacted by the authority aforesaid that section 41 in the Act approved July 31, 1916, be amended as follows: By striking, after the word solicitor in the third line, the words: by the solicitor thereof, and shall be paid over to the Treasurer of Wayne County, and adding in lieu thereof the following: by the sheriff of the city court, who shall pay same to the clerk of the city court as treasurer, who shall in each case where a fine or forfeiture is collected, deduct his cost in said case, and that of the sheriff and the committing officer, paying

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the same to them, and also the amount of the cost or fee allowed the solicitor prior to the amending Act approved August 16, 1921, which amount shall be paid into the general treasury of Wayne County, and who shall retain the balance of each fine and forfeiture remaining after making the said payments, and; and by striking the words in the 9th line of said section, the solicitor of said court, and by striking the last sentence of said section, and adding in lieu thereof the following: After all the said insolvent orders and all outstanding legal insolvent orders have been paid in full, if there remains an overplus in the said fine and forfeiture fund of the City Court of Jesup, then on December 31 of each year, the balance remaining in the said fund, if any, shall upon the order of the Judge of the City Court entered on the minutes of said court, be paid over into the Wayne County Treasury, so that when amended the said section shall read as follows: Section 41. Be it further enacted by the authority aforesaid, that all fines and forfeitures arising from cases tried in said city court shall be collected by the sheriff of the city court, who shall pay same to the clerk of the city court as treasurer, who shall in each case where a fine or forfeiture is collected deduct his cost in said case, and that of the sheriff and the committing officer, paying the same to them, and also the amount of the cost or fees allowed the solicitor prior to the amending Act approved August 16, 1921, which amount shall be paid into the general treasury of Wayne County, and who shall retain the balance of each fine and forfeiture remaining after making the said payments, and who shall keep the same as a separate fund to be known as the fine and forfeiture fund of the City Court of Jesup, the same to be paid out by the treasurer only upon the order of the judge of said city court in extinguishment of insolvent orders granted by such judge, to the solicitor-general of the superior courts, the clerk of the said city court, the

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clerk of Superior Court, the sheriff of said city court, the sheriff of Wayne County, the justices of the peace and other officers who may be entitled thereto in settlement of their insolvent cost bills arising from cases finally disposed of in said city court. After all the said insolvent orders, and all outstanding legal insolvent orders have been paid in full, if there remain an overplus in the said fine and forfeiture fund of the City Court of Jesup, then on December 31 of each year, the balance remaining in the said fund, if any, shall upon the order of the Judge of the city court entered on the minutes of said court, be paid over into the Wayne County Treasury. Fine and forfeiture fund. Insolvent costs. Section 4. Be it further enacted by the authority aforesaid that from and after the passage of this Act, in case of absence or disqualification of the solicitor, the Judge of the City Court of Jesup shall appoint a solicitor pro tem. Solicitor pro tem. Section 5. Be it further enacted by the authority aforesaid that if any section or portion of this Act or the original Act approved July 31, 1916, or the amendatory Act approved August 16, 1921, shall be declared invalid, the same shall not affect the other portions of said original Act or of said amendatory Act of 1921, or of this Act. Invalid parts. Section 6. 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 December 21, 1937. LAGRANGE CITY COURT JURY TRIALS. No. 77. An Act amending an Act relating to the establishment of the City Court of LaGrange, approved March 7, 1935, as amended by the Acts of the General Assembly

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of Georgia in the year 1935, pages 526, 527, and 528, by amending section two (2) thereof, and amending said section two (2) thereof by striking certain language from said section, and adding certain language to said section two (2) 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 same, that section two (2) of the Acts amending the City Court of LaGrange approved March 7, 1935, pages 526, 527, and 528, of said Acts of 1935, is hereby amended by striking the following language, to wit: Acts of 1935 amended. By striking from said section two (2) as amended by the Acts of 1935, pages 526, 527, and 528, the following language, to wit: and in all criminal cases upon entering a demand therefor, by himself or attorney, in writing, or before the call of the docket, the first day of the term of said court, at the term to which said cause is returnable, and by striking from section aforesaid, provided that nothing herein contained shall affect any case now pending in said court, and adding to said section without written or oral demand, and adding to said section after the words, either civil or criminal, the words, when agreed to by each party, so that said section when amended shall read as follows: Section 2. The judge of said court shall, and it shall be his duty, to hear and determine all cases, either civil or criminal when agreed to by each party, over which said city court has jurisdiction, and to give judgments thereon; provided always that either party in said cause shall be entitled to a trial by jury in said court without written or oral demand in all cases where the principal sum claimed exceeds $50.00, and in all cases which said party is entitled to a trial by jury, under the constitution and laws of this State. All jury cases, criminal and civil, shall be tried at the quarterly term. Trials.

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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 December 13, 1937. LEXINGTON CITY COURT JUDGE'S TENURE. No. 98. 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 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 present incumbent in office as judge of said court shall hold office until January 1, 1941; 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 to read as follows: Be it further enacted by the authority aforesaid, that the present incumbent in office as judge of the City Court of Lexington shall hold office until the first day of January, 1941, and the term of the present judge of said court is hereby extended to the first day of January, 1941. Act of 1899 amended. Term extended. 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 December 29, 1937.

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PEMBROKE CITY COURT ESTABLISHED. No. 127. An Act creating and establishing the City Court of Pembroke in and for the County of Bryan; to prescribe the powers and duties thereof; to define the jurisdiction thereof; to provide for compensation of said officers; 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 and as hereinafter provided the City Court of Pembroke be located in the City of Pembroke in the County of Bryan is hereby established and created, with civil and criminal jurisdiction over the whole County of Bryan, concurrent with the Superior Court, to try and dispose of all civil cases of whatever nature, except those of which the Constitution of this State has given the Superior Court exclusive jurisdiction to try and dispose of, and all offenses below the grade of felony committed in the County of Bryan. The jurisdiction herein conferred shall include not only ordinary suits by petition and process, but also all other kinds of suits and proceedings which now or hereafter may be in use in the Superior Court either under the common law or statute, including among others attachment and garnishment proceedings, illegalities, counter affidavits to any proceedings from said court, statutory awards, proceedings against intruders and tenants holding over, partitions of personalty, issues upon distress warrants, foreclosure of all liens and mortgages. Creation of court. Jurisdiction. Section 2. The Honorable W. F. Slater of said County of Bryan shall be the judge of said court from this date until January 1, 1941. His successor shall be elected at the general election held for members of the General

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Assembly in the regular election in November, 1940, said successor to take office January 1, 1941. Should there be a vacancy the same is to be filled in the manner now prescribed by law for filling the vacancies of county officers. The judge of said city court shall receive a salary of nine hundred ($900.00) dollars per annum, which shall be paid monthly by the treasurer of the County of Bryan and it shall be the duty of the Commissioners of Roads and Revenues of Bryan County, or other proper officers, to make provisions annually in levying taxes for this purpose. Said salary shall not be increased nor diminished during the term of office of said judge. The judge shall receive no further compensation but may practice law in any court except his own. Judge. Election of successor. Vacancy. Salary. Law practice. Section 3. No one shall be eligible to the office of said judgeship unless he shall be at the time of his qualification at least twenty-five years of age and resident of Bryan County for two years immediately preceding his appointment, and must have been a practicing attorney at law for four years before his appointment. He shall, before entering upon the duties of his office, take and subscribe the following oath: I do solemnly swear that I will administer justice without respect to persons and do equal rights to the poor and rich, and that I will faithfully and impartially perform and discharge all duties which may be required of me as judge of the City Court of Pembroke of this State, according to the best of my ability and understanding, agreeably to the laws and Constitution of this State and the Constitution of the United States, so help me God, which oath shall be filed in the executive department. Eligibility. Oath. Section 4. The Solicitor-General of the Atlantic Judicial Circuit shall be ex officio Solicitor of the City Court of Pembroke and perform all duties required by law upon the Solicitor of the City Court of Pembroke and he shall receive in full compensation and in lieu of

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fees for the work as such solicitor the sum of $400.00 per annum payable monthly, out of the treasury of Bryan County except such fees as are payable by the State for cases in the Court of Appeals of Georgia which shall be additional and all fees fixed by law in cases tried by him shall be paid into the treasury of Bryan County and fifty per centum of all fines and forfeitures shall likewise be paid into Bryan County treasury. Solicitor. Pay. Fees in review courts. Section 5. The Solicitor-General of the Atlantic Judicial Circuit, who is ex officio the Solicitor of the said city court, shall for his services in the Court of Appeals of Georgia be paid out of the treasury of the State in the same manner as solicitors-general of the superior courts are paid for like services rendered in the Court of Appeals. Solicitor-general. Section 6. The Clerk of the Superior Court of Bryan County shall be ex officio clerk of said city court. Said clerk shall before entering upon the duties of his office take and subscribe an oath to faithfully and impartially discharge the duties thereof, which oath shall be entered on the book of minutes of said court. He shall also, before entering upon the duties of his office, execute a bond with good security in the sum of $1,000.00 for the faithful discharge of the duties of his office. Clerk. Oath. Bond. Section 7. The Sheriff of Bryan County shall be ex officio sheriff of the City Court of Pembroke, and in his official connection with said court shall be known as the sheriff of the City Court of Pembroke. Before entering upon the discharge of the duties of his office said sheriff shall execute a bond with good security in the sum of $1,000.00 for the faithful discharge of the duties of his office. He shall have the same authority to appoint a deputy or deputies as is provided in the Code of Georgia for the appointment of deputy sheriffs. Sheriff. Bond. Deputies. Section 8. All the duties and liabilities attached to the office of the clerk of the Superior Court and to the

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office of sheriff shall be attached to the office of clerk of the City Court of Pembroke, and to the office of sheriff of the City Court of Pembroke respectively, and a judge of said City Court of Pembroke is empowered to enforce the same authority over said clerk and sheriff and their deputies as is exercised by the judge of the Superior Court over the clerks of the superior courts and sheriffs of the counties of Georgia. Duties and liabilities. Section 9. The clerk and sheriff of said City Court of Pembroke shall receive in all civil business transacted in said court, in which the principal sum claimed does not exceed one hundred dollars, one-half of the fees which the sheriff and clerk of the Superior Court receive. In all other business, unless otherwise specified in this Act, they and their deputies shall receive for all services the same fees as are allowed by law for like services in the Superior Court. They 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 entitled to in the Superior Court. Fees. Processes, penalties, remedies. Section 10. The judge of said city court shall have power to issue writs of habeas corpus and to hear and dispose of the same in the same way and with the same power as the Judge of the Superior Court. Habeas corpus. Section 11. The terms of said city court shall be monthly and quarterly: the monthly terms for the trial and disposition of criminal business and such civil business, in which the principal sum claimed does not exceed five hundred dollars, and the quarterly terms for the trial and disposition of criminal business and all civil business of whatever amount. The time for holding said court shall be the Wednesday following the second Monday in each month, and the terms of said court held in January, April, July, and October shall be

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the quarterly terms of said court. The terms of such court shall be held in the court-house in the City of Pembroke in the County of Bryan, and when necessary, juries shall be drawn as hereinafter directed, and shall last until the business is disposed of, unless sooner adjourned for good cause. The judge of said city court shall, in his discretion, hold his court at the same place at any other time than the regular terms for the transaction of criminal business which does not require a jury, as speedily as possible consistent with the interests of the State and accused, and may also hold adjourned terms for the regular monthly and quarterly terms of said city court, for which he may draw new juries or require the attendance of the same as in his sound legal discretion may seem best. Said city court judge may also in his discretion set cases for trial at convenient times, and the same may be tried as of the terms, whether court has been held from day to day until said time or not. Terms of court. Place. Juries. Section 12. Suits in said city court shall in all respects be conformable to the mode of proceedings in the superior courts, except as hereinafter provided; the process to writs shall be annexed by the said clerk of said city court, be tested in the name of the judge thereof, and be directed to and be served by the sheriff of said City Court of Pembroke or his legal deputies. Suits, writs, service. Section 13. In all matters pertaining to service, pleadings and practice, the laws governing the Superior Court, where not inconsistent with this Act and unless specially provided by this Act, shall be applicable to said city court. Laws applicable. Section 14. The judge of said city court shall have the power and authority to hear and determine without a jury all civil causes of which the said court has jurisdiction, and to give judgment and execution therein; provided always, that the plaintiff in any cause shall

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be entitled to a trial by jury in said court by entering a demand by himself or his attorneys, in writing at the time of filing his suit, and that the defendant in any cause shall likewise be entitled to a trial by jury in said court by making a demand therefor in writing, by himself or his attorney, at the time of filing his defense, in all cases where, under the Constitution and laws of the State of Georgia, such party is entitled to a trial by jury; provided, further, that it shall be the duty of the city court judge to sound the docket upon the opening of each term for the purpose of ascertaining in what cases either civil or criminal demands for trial by jury are to be made in accordance with the provisions of this Act. Trials. Demand for jury. Docket call. Section 15. 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 court shall be tested in the name of the judge and signed by the clerk and delivered to the sheriff or his deputies of the said City Court of Pembroke, and to all and singular the sheriffs or their deputies of the State of Georgia. Judgment liens. Section 16. 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 Superior Court. Claims on levies. Personalty. Section 17. Claims to real property levied on under execution or other process from said city court shall be returnable to the Superior Court of the county where such real property is situated, and shall then proceed as other claims in the Superior Court. Realty. Section 18. All laws upon subjects of attachment and garnishment as to any matter 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

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of the city court will admit. Attachments in said court, returnable thereto, shall be directed to the sheriff and his deputies of the City Court of Pembroke, 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 returnable to said city court under the same laws that govern the issuing of attachments returnable to the superior courts. Attachment and garnishment. Direction. Issuance. Section 19. Garnishments and attachment proceedings and proceedings on distress warrants in said city court shall be conformable to the laws of the State on the subject in the Superior Court. As in superior court. Section 20. Scire facias to make parties in any cause in said city court shall be had as in the Superior Court, but such scire facias shall run throughout the State and may be served by any sheriff or his deputy thereof. Parties to suits. Section 21. The general laws of this State with regard to 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 subpoenas, witnesses and their attendance, continuances, or other matters of a judicial nature, within the jurisdiction of said city court, except as otherwise provided in this Act, shall be applicable to said city court. General laws applicable. Section 22. The judge of said city court shall have power to cause testimony to be taken to be used de bene esse and for the purpose of perpetuating testimony within his 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 all oaths pertaining to their office as the judge and other officers of the superior courts may in like cases do; and said judge shall have power to attest deeds and other

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papers and administer affidavits in all cases anywhere in the State in which by existing laws, deeds and papers may be attested and affidavits administered by the justices of the peace of this State; and the judge of said city court shall have all the powers and authority throughout his jurisdiction of judges of the superior courts, and all laws relating to and governing judges of the superior courts shall apply to the judge of said city court so far as the same may be applicable, except as herein provided. Testimony de bene esse. Judge's powers. Section 23. The said City Court of Pembroke shall be a court of record, and shall have a seal, and the minutes, records, orders and other books and files that are required by law, and rules to be kept for the Superior Court, shall be kept in and for said city court, and in the same manner; and all laws applicable to the duty of the clerk in the Superior Court shall apply to them in said city court, except where they conflict with the provisions of this Act. Court of record. Seal. Records, etc. Section 24. All laws regulating the enforcing of judgments, whether civil or criminal, shall apply to said city court, and executions shall issue and be levied and sale be had thereunder under the same rules and laws regulating the same in the Superior Court, except that sales may be made under executions issued from the monthly terms of said city court by advertising for twenty days by written notices posted at three public places in said county before the day of sale. Laws applicable. Exception. Section 25. The judge of said city court shall have the power to enforce his orders, punish for contempt, and to enforce all his judgments as is vested by law in the judges of the superior courts of this State. Contempts. Section 26. It shall be the duty of the clerk of said City Court of Pembroke to prepare and file in his office a complete copy of the jury list of the Superior Court of

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Bryan County, as provided from time to time for such Superior Court. From said copy so made jurors in the said city court shall be drawn in the following manner: The clerk of said City Court of Pembroke shall write upon separate tickets the names of each juror, and shall number the same and place the same in a box to be prepared for the purpose, from which shall be drawn not less than sixteen jurors, and in the discretion of the judge twenty-four jurors, in the manner as now required by law in the superior courts. All laws with reference to the drawing, selecting and summoning traverse and tales traverse jurors in the superior courts shall apply to the city court, except that the sheriff shall be paid three dollars for summoning said jurors. It shall be in the discretion of the judge of said court to summon a jury or refuse to summon a jury at any monthly term of said court. All exemptions from jury duty now in force in the County of Bryan shall apply and be of effect in the said City Court of Pembroke. Juries. Manner of drawing. Laws applicable. Exemptions. Section 27. All laws in reference to the qualifications, relations, empaneling, fining and challenging jurors now in force in this State or hereafter enacted by the General Assembly, regulating the same in the superior courts, shall apply to and be observed in said city court except when inconsistent with the provisions of this Act. Laws applicable. Section 28. Sixteen jurors drawn and summoned as above provided shall be empaneled, and in all cases, civil and criminal, trial by jury of twelve shall be had in said court where so demanded; but a trial by a jury of twelve may be waived, and in that event the jury shall be selected as follows: In civil cases each side shall have four strikes, and in criminal cases the defendants shall have five strikes and the State three strikes. Eight shall thus constitute a jury. When a jury of eight shall have retired for the purpose of considering a case, the parties in any case may be consent agree to use the remaining

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eight jurors for trial of such case, and this shall constitute a legal jury. Sixteen shall in all cases constitute a panel of jurors, whether there have been summoned sixteen or twenty-four, except in those civil cases in which the principal sum claimed amounts to $1,000.00 or more, in which cases, if demanded by either party, there shall be a panel of twenty-four, from which to select a jury, which shall be done as provided for the Superior Court. The judge may at any term in order to facilitate the business of the court, have summoned twenty-four jurors, whether there be a demand for a panel of twenty-four in any case or not. If either party in a civil case, or the defendant in a criminal case declines to waive a trial by a jury of twelve, then in a civil case each side shall be allowed two strikes and in criminal cases the defendant shall be allowed three strikes and the State one strike from said panel. The jurors, those drawn on a regular panel and likewise the talesmen, which the judge of said court is hereby empowered to have summoned instanter at any term of said court whenever necessary to complete a panel, shall each receive the sum of two dollars per day while serving as juror in said court, same to be paid under the rule governing the payment of Superior Court jurors. Panels of jurors. Strikes, etc. Pay of jurors. Section 29. The sheriff of said court, with the approval of the judge, is authorized to appoint at each term of said court bailiffs as officers of said court, who shall receive for their services not more than two dollars per day. Bailiffs. Section 30. All criminal cases in said city court shall be tried by the judge thereof without a jury, except when the accused in writing shall demand a jury. A plea to the accusation or indictment shall be a waiver of the jury, and the accused shall not thereafter have the right to recall such waiver. If, upon the trial of any case, it shall appear to the judge that the evidence makes

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the case a felony against the accused, he shall thereupon suspend the trial, and commit or bail over the defendant to the next Superior Court, as in preliminary examination. Criminal trials. Waiver of jury by plea. Felonies. Section 31. Defendants in criminal cases in said city court shall be tried on a written accusation setting forth plainly the offense charged, founded upon the affidavit of the 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 have no right to demand an indictment by the grand jury of Bryan County. All the proceedings after accusations shall conform to the rules governing like cases in the superior courts, 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 indictments in the Superior Court. Accusations. Section 32. The Judge of the Superior Court may send down from the Superior Court of Bryan County to said city court for trial and final disposition all presentments and indictments for misdemeanors which may be undisposed of at the close of each term of the Superior Court in which there is no forfeiture of appearance bonds, and the order transmitting such cases shall be entered on the minutes of both of the said courts, which order may be passed in vacation. Transfer of cases from Superior Court. Section 33. It shall be the duty of all justices of the peace and notaries public of Bryan County to bind over to said city court all persons charged with offenses committed within the limits of Bryan County over which said city court has jurisdiction, there to answer for said offenses. Binding over. Section 34. A writ of error shall be from said city court to the Court of Appeals of this State upon a bill

Page 725

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 35. In all cases in said city court the same power and rights of parties as to waiver, pleadings and procedure, or other matters pertaining to the same, shall be allowed and upheld by the laws and rules to parties in the Superior Courts of this State. Pleading and procedure. Section 36. The judge of said city court shall have power to grant a new trial in any case, civil or criminal, in his court upon the same terms and conditions and under the same laws and regulations in every respect governing the granting of new trials in the superior courts. All rules of pleadings, 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. When a criminal case is heard at a special session of said city court, and the defendant desires to move for new trial, such motion must be made and passed upon by the judge of said city court within ten days after the rendition of the judgment complained of, and not afterwards, unless for a good cause, in the sound legal discretion of the judge, further time may, by order, be granted in the discretion of the judge of said court. In other respects such motions shall be governed by the ordinary rules aforesaid. New trials. Section 37. All suits against joint obligors, joint promisors, copartners or joint trespassers, in which any one or more resides in the County of Bryan, may be brought in said court, whether its jurisdiction as already stated under the same rules and regulations, governing such cases in the Superior Court, mutalis mutandis, as to copies, second originals, returns and other matters connected with the suit. Joint defendants.

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Section 38. All civil cases within the jurisdiction of the monthly terms of said court shall be tried at the term to which the same are returned, unless, by reason of a demand of a trial by jury by either party in such cases, it shall be necessary, under the provisions of this Act, for said case or cases to go over until another term of said court. In suits returnable to the monthly term defense must be made as such defenses are required to be made in the superior courts of this State, upon the first day of the term to which they are made returnable; and unless such defense be made as herein provided, said cases shall be considered in default, and such default shall not be opened except in the manner provided by law for opening defaults in the superior courts of this State. In suits returnable to the quarterly term of said court defense must be made upon the first day of the term to which the same is returnable, and unless defense be made upon the first day of the term, said case or cases shall be considered in default, and such default shall not be opened except in the manner provided by law for opening defaults in the superior courts of this State. Trial terms. Default in pleading. Section 39. Whenever the judge of said city court is from any cause disqualified from presiding, and the Judge of the Superior Court can not, from any cause, preside in said court as provided for in the Constitutio of this State, then, upon the consent of the parties, or upon their failure or refusal to agree, said cause shall be tried by a judge pro hac vice, selected in the same manner as now provided for in the superior courts of this State. Judge's disqualification. Section 40. 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. Adjournments.

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Section 41. All fines and forfeitures arising from cases tried in said city court shall be collected by the clerk thereof, and shall be paid over to the Treasurer of Bryan County, after paying to the officers of said city court and to the justices of the peace, notaries public and constables of Bryan County, upon order of the judge of said city court, all their costs in that particular case, which shall be held as court funds of Bryan County. Fines and forfeitures. Section 42. The Commissioner of Roads and Revenues of the County of Bryan, or other proper officers, shall provide a suitable place in the court-house in the said City of Pembroke for the holding of said court, and to provide the necessary books for keeping the dockets, minutes and records of said city court; and said authorities shall provide an office in the court-house for the judge of said city court, and provide for preserving of the papers, books, records and minutes of said city court. Court-room. Section 43. This Act shall become effective upon the passage of an Act abolishing the February and August terms of Bryan Superior Court, and not otherwise. Effective when. Section 44. That all laws and parts of laws in conflict herewith are hereby repealed. Approved January 10, 1938. RABUN CITY COURT ESTABLISHED. No. 37. An Act to create and establish the City Court of Rabun County in and for the County of Rabun; 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

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duties, and provide for their compensation; to provide for pleading and practice therein, writs of errors therefrom; 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 Rabun County is hereby created and established, to be located in the City of Clayton, which is the county site of Rabun County, which court shall have civil and criminal jurisdiction over and throughout the entire County of Rabun, 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 Rabun; 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 and realty, distress warrants, possessory warrants, and foreclosure of all liens, mortgages, security deeds and bills of sale to secure debt, including those on real estate. Creation of court. Jurisdiction. Section 2. Be it further enacted by 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 Rabun County, and to all and singular the sheriffs or their deputies of the State of Georgia. Judgment liens.

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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 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. Claims on levies. 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 first Monday in April, 1938, and thereafter quarterly on the first Mondays of each year. Terms of court. Quarterly. The said monthly terms shall be as follows: Beginning on the first Monday in January, 1938, and each first Monday thereafter each year, except those Mondays on which the quarterly terms are held. Monthly. 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 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. All terms of said court shall be held at the court house in the City of Clayton, in said County of Rabun, and shall continue 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

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said city court; and the judge may also, in his discretion, set cases for trial at convenient times, and the same may be then tried as of term, whether court has been held from day to day until said time or not. Proviso. Place. 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 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 Rabun County, or his deputies thereof. Suits and service. Section 6. Be it further enacted by 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 specifically 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 Rabun 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, seal, etc. 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 thereunder the same rules and laws regulating the same in the Superior Courts. Laws applicable.

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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. Contempts. Section 10. Be it further enacted by the authority aforesaid, that there shall be a judge of said city court, who shall be appointed and commissioned by the Governor, by and with the advice and consent 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 Rabun 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 Rabun County, in the year 1940, there shall be elected by the qualified voters of said County of Rabun 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 ordinary of said county or other persons having charge of the finances of the County of Rabun, and shall be furnished an office in the court house as other county officers together with office equipment, and it shall be the duty of the ordinary or any other person or persons having charge of the finances of the county to make provisions annually in levying taxes for

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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. Term. 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 25 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 to equal 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 Rabun 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 of this State. Eligibility. Oath of office. Said judge shall be a citizen and qualified voter of Rabun County at the time of his election. Citizenship. Section 12. Be it further enacted by the authority aforesaid, that whenever the judge of the aforesaid 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. Disqualification. 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. Adjournment for absence.

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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 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. Term. Election. Fees. Salary. Fees in courts of review. 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 one year; and be a citizen and qualified voter of Rabun County, 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 Rabun County, and will take only my lawful fees of office; so help me God, which oath shall be filed in the executive department of the State. Eligibility. Oath of office.

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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 Rabun County shall be ex-officio clerk and deputies of said city court. Said clerk shall, before entering upon the 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 and bond. Section 18. Be it further enacted by the authority aforesaid, that the sheriff and his deputies of Rabun County shall be ex-officio sheriff and deputy sheriffs of the City Court of Rabun County, and in his official connection with said court the sheriff of Rabun County shall be known as the sheriff of the City Court of Rabun 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. Sheriff and deputies. Bond.

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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 Rabun County and to the office of sheriff of the City Court of Rabun County, respectively; and that the judge of said City Court of Rabun 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. Duties and liabilities. 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, and provided further, that neither the said clerk nor the said sheriff shall be entitled to any per diem fees for attending the monthly term 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 of clerk and sheriff. Amenable. Limit of costs.

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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. Reporter of evidence. 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, and the same is approved by the court. Cases to be reported. And the judge may in his discretion require the same reported whether requested 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. Pay for stenographer. Section 22. Be it 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 Rabun 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

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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 exemptions from jury duty now of force in Rabun County shall apply and be of effect in said city court. Juries, how drawn, etc. 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 of 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 summoned to serve only at the regular quarterly terms thereof. Traverse jurors. 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, call 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 heretofore provided. Panels of jurors. 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 plaintiff

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and defendant shall each be entitled to six peremptory challenges; and all laws and rules, both civil and criminal, regulations 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. 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 striken 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 list 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 talesmen as the judge may 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. Demand for jury. Strikes, etc.

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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 accusation 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 Court, except that the accused shall be tried by a jury of six as in this Act provided, unless such accused makes demand for a 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 particulars 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. Trial of criminal cases. Section 28. Be it further enacted by the authority aforesaid, that the judge of said city court shall have power to grant a new trial in any case, 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 Court; and all rules of pleading practiced 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.

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Section 30. Be it further enacted by the authority aforesaid, that the Judge of the Superior Court of Rabun County shall 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 cases. 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, wherever the same a monthly or a quarterly term, provided such suits are 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 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. Petition and process. 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, the 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 less and fix the same, and the judge shall thereupon render judgment without the verdict of a jury. Call of docket. Default in pleading. Judgment.

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Section 33. Be it further enacted by the authority aforesaid, that, except as [Illegible Text] 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 the opening defaults, motions, service, waivers, acknowledgements, pleadings, trials, examinations of witnesses, conduct of cases, instructions to juries, rules of evidence, answers, amendments, demurrers, pleas, procedure and practical, 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 Rabun County. Pay of jurors. 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 Rabun may be brought in the city court within its jurisdiction as already stated under the same rules and regulations governing such cases as in the Superior Court mutatis mutandis as to copies, second originals, returns, and other matters connected by the suit. Joint defendants. 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

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do; and 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. Testimony de bene esse. Attestations. 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 Rabun 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 Ordinary of Rabun County, or any other officer or officers in charge of the finances of the county shall provide a suitable place in the 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 provided the necessary books for keeping the dockets, minutes and records of said court, and provide a library for said. Court-room. 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 of the Superior Court, which shall be paid in the county treasury as provided for under section 14 of this Act, shall be subject to 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

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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 Rabun shall not be liable to the said officers of said court, to wit, the clerk, sheriff, justices of 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 required to be kept in the Superior Court, and he shall faithfully account for all moneys as received. Fines and forfeitures. Justices of the peace. Insolvent costs. Section 40. Be it further enacted by the authority aforesaid, that this Act shall become operative on January 1, 1938, and all powers, duties and rights hereunder shall be effective thereafter. Effective date. Section 41. Be it further enacted by the authority aforesaid, that appeals to a jury from the justice courts, or in matters of certiorari from said justice court, the said city court shall stand in exactly the same position as does the Superior Court in reference to said matters under existing laws of this State in reference to appeals and certiorari from said justice court, the said city court having concurrent jurisdiction with the Superior Court in this connection. Appeals. Section 42. Be it further enacted by the authority aforesaid, that any civil case pending in the Superior Court of Rabun County at the time of the effective date of this Act, or thereafter, of which the said City Court of

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Rabun County has jurisdiction, under this Act, shall be transferred by the Judge of the Superior Court to the said city court, and shall thereafter stand for trial in said city court as though originally filed therein. Transfer of cases. Section 43. Be it further enacted by the authority aforesaid, that argument of counsel in all cases in said city court shall be limited to one-half an hour on the side, except an extension of time is granted by the court before any argument begins. Argument; time limit. Section 44. Be it enacted by the authority aforesaid, further, that it shall be the duty of the justices of the peace to bind over to said city court all persons charged with offenses within the limits of Rabun County over which said court has jurisdiction, there to answer said offenses. Binding over. Section 45. Be it further enacted by the authority aforesaid, that all bonds of defendants in the Superior Court of Rabun County at the time of the effective date of this Act, and all bonds taken hereafter in said Superior Court, and where said cases are transferred by the Judge of the Superior Court to the said city court as required in this Act, the said defendants shall be required to appear in the said city court to the same extent as if said bonds had been taken in said city court at the beginning. Appearance bonds. Section 46. Be it further enacted by the authority aforesaid, that in criminal cases transferred from the Superior Court to the said city court as provided in this Act, that the Solicitor-General of Rabun Superior Court shall be paid from the fines and forfeitures 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 Rabun County, to the amount of $5.50 but no insolvent costs shall be paid to said solicitor-general. Payment to solicitor-general.

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Section 47. Be it further enacted by the authority aforesaid, that in addition to motions for new trials as shown in section 28 of this Act, the following is added: That motions for new trials in said city court shall be made within 15 days from the date of the judgment complained of, without regard to the time of the adjournment of court. Motions for new trial. Section 48. Be it further enacted by the authority aforesaid, that bills of exceptions from said court shall be signed and certified within 15 days from the judgment complained of. Certificate of bills of exceptions. Section 49. 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 December 21, 1937. SAVANNAH MUNICIPAL COURT SERVICE OF WARRANTS. No. 107. An Act to amend an Act of the Legislature of Georgia, approved August 16, 1916, and to be found in the published volume of Georgia Laws 1916, page 292, and entitled An Act to amend the several Acts carrying into effect in the City of Savannah the provisions of the amendment to paragraph 1, section 7 of article 6, of the Constitution of the State of Georgia, ratified October 2, 1912, relating to the abolition of justices' courts and the office of justice of the peace in certain cities, as further amended by an Act of the Legislature of Georgia, approved July 29, 1914, and ratified November 3, 1914, relating to the abolition of said courts and officers in the City of Savannah, and the establishment

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in lieu thereof of such court or courts or system of courts as the General Assembly may deem necessary, etc., as affects the serving of warrants; 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, an Act amending the Act creating and establishing the Municipal Court of Savannah, approved August 16, 1916, Georgia Laws of 1916, page 292, et. seq., be and the same is hereby amended by striking from section 2 of said Act the words and directed in the third line of said section 2 and by adding at the end of said section immediately after the word Savannah the following: and same may be served by any bailiff or deputy bailiff of said municipal court and may be served by any lawful sheriff, deputy sheriff, bailiff or deputy bailiff of said county, or any court of said county. The judge issuing the warrant of the Chief Judge of the said court shall have authority to give direction as to which of said officers shall serve the warrant, so that said section 2 when amended shall read as follows: Act of 1916 amended. Section 2. Be it further enacted by authority aforesaid, that the county police of said county be and they are authorized to serve criminal warrants issued by said Municipal Court of Savannah. And said warrants may be served by any bailiff or deputy bailiff of said municipal court, or may be served by any lawful sheriff, deputy sheriff, bailiff or deputy bailiff of said county or any court of said county. The Judge issuing the warrant or the Chief Judge of the said court shall have authority to give direction as to which of said officers shall serve the warrant. Service of warrants. Section 2. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict with this said Act shall be and the same are hereby repealed. Approved December 27, 1937.

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STEPHENS CITY COURT AMENDMENTS. No. 16. An Act to amend an Act to create and establish the City Court of Stephens County, in and for the County of Stephens, approved February 22, 1937, (Georgia Laws 1937, pages 1214-1230) as amended by an Act approved March 23, 1937, (Georgia Laws 1937, pages 1230-1231) by striking the words except those on real estate from section 1 of said Act, beginning on line 20 of said section, and by striking the words except that in all civil actions where the principal amount claimed is less than three hundred dollars the clerk's costs shall be one half the amount allowed for similar services in cases in the Superior Court, from section 20 of said Act, beginning with line 5 of said section; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act the Act approved February 22, 1937, (Georgia Laws 1937, pages 1214-1230) creating and establishing the City Court of Stephens County, in and for the County of Stephens, as amended by an Act approved March 23, 1937, (Georgia Laws 1937, pages 1230-1231) be and the same is hereby amended by striking the words except those on real estate from section 1 of said Act, beginning on line 20 of said section. Act of 1937 amended. Section 2. Be it further enacted by authority of the same, that said Act as amended be and the same is hereby further amended by striking the words except that in all civil actions where the principal amount claimed is less than three hundred dollars the clerk's costs shall be one half the amount allowed for similar services in cases in the Superior Court from section 20 of said Act, beginning with line 5 of said section.

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Section 3. Be it further enacted by authority of the same, that all laws in conflict herewith be and the same are hereby repealed. Approved December 14, 1937. WAYCROSS CITY COURT TERMS; PLEAS. No. 207. An Act to amend an Act to establish the city court of Waycross in and for the County of Ware, approved December 11, 1897, and all Acts amendatory thereof, so as to provide for monthly as well as quarterly terms thereof, to define the jurisdiction of said monthly terms, the time for holding same; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that the above recited Act be and the same is hereby amended, by striking from said Act section eleven thereof, substituting for said section eleven of said original Act, all Acts amendatory thereof, the following: Act of 1937 amended. That there shall be both monthly and quarterly terms of said court, the monthly terms to be non-jury terms. The quarterly terms shall be held on the third Mondays in March, June, September and December in each year, and the separate monthly terms of said court shall be held on the third Mondays in January, February, April, May, July, August, October, and November in each year; provided that the quarterly terms shall, for all needful purposes, be treated as both quarterly and monthly terms; and provided further that said terms, whether quarterly or monthly, shall be adjourned at least five days before the convening of the next regular monthly or quarterly term. Monthly and quarterly terms. Times of holding.

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Section 2. Where the principal sum involved in any civil case is in excess of $500.00, same shall be brought to the quarterly term of said court, and in all cases where the principal sum involved does not exceed $500.00, same shall be brought to the monthly term of said court. All cases brought in said court shall be filed twenty days before the first day of such term and shall be served on defendant fifteen days before the first day of such term. All rules of practice now obtaining in the City Court of Waycross shall continue to obtain as to all cases brought in said city court, whether to the monthly or quarterly term. Amount involved. Filling and service. Practice. Section 3. The first term after suit is filed and service had upon defendant shall be the appearance term, and where defendant in any case brought to a monthly term desires to file any pleadings of any character, same shall be filed on the first day of the term to which suit is brought and filed and service had upon defendant, and if no pleadings or defense is filed as herein provided, said case shall be marked in default and a judgment absolute shall issue therein at the first term to which suit is brought, provided, that the judge under same rules and regulations obtaining in Superior Courts may allow a default opened, but in all cases where no defense is filed by defendant, or such defense where filed is disposed of by demurrer thereto, at first term after suit is filed and service had, judgment shall be entered up at first term against defendant. In all cases where defendant files issuable defense, such case shall stand in order for trial at the next term. In all cases brought to the monthly terms of said court, provided a jury trial is demanded in writing by either party upon the call of the appearance docket, such case shall stand in order for trial at the next quarterly term of said court. The time and method of filing defenses to suits brought to a quarterly term shall be the same as now provided by law. Appearance and pleading. Judgment entry. Trials.

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Section 4. Be it further enacted by the authority aforesaid, that the first terms to be held under the provisions of this Act, shall be the March Terms, 1938, and all petitions, writs, bills, processes, subpoenas, bonds and proceedings both civil and criminal, of every kind and character, now pending in or returnable to said City Court of Waycross, Georgia, shall hold good and relate to the terms as changed and fixed by this Act; and that any suits filed after the passage of this Act, twenty days or more prior to the third Monday in March, 1938, shall be returnable to said March Term, quarterly or monthly 1938, of said City Court of Waycross, Georgia. Return terms of all proceedings. Section 5. Under the provisions of this Act the March Term, 1938, of said court shall constitute the first monthly as well as quarterly term of said court; and thereafter monthly and quarterly terms shall be held as hereinbefore provided. First monthly term. Section 6. Be it further enacted, that the laws and parts of laws in conflict with this Act be, and same are hereby repealed. Approved January 17, 1938. WILKINSON COUNTY COURT ABOLISHED. No. 171. An Act to abolish an Act creating the County Court for the County of Wilkinson. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same that the Act creating the County Court for the County of Wilkinson, be and the same is hereby striken and repealed in its entirety and said court is hereby abolished. All cases and all matters therein pending are hereby transferred to the Superior Court of said county. Court abolished.

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Section 2. Be it further enacted, that all the laws and parts of laws in conflict with this Act be and the same are hereby repealed. Section 3. Be it further enacted, that this Act shall go into effect on March 1, 1938. Approved January 17, 1938.

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TITLE II. COUNTIES AND COUNTY MATTERS. ACTS. Appling Commissioners and Districts. Baker Court Officers' Costs. Barrow Commissioners' Terms. Ben Hill CommissionersAmendments. Brantley Tax-Commissioner's Pay. Bryan Commissioners' Bonds. Bryan Officers' Bond Premiums. Bryan Sheriff's Bond Reduced. Camden Sheriff's Bond Reduced. Candler Sheriff's Bond Reduced. Chatham, Bryan, and Liberty Zoning Ordinances. Chatham Deputy Disbursing Clerk. Chattahoochee CommissionersAmendments. Chattooga Sheriff's Bond Reduced. Clayton Commissioners' Pay. Clinch Commissioners' Clerk, and AttorneySalaries. Cobb Zoning and Planning Powers. Columbia Sheriff's Bond Reduced. Cook Tax-Commissioner's Bond Premium. Dade Tax-Commissioner's Pay. Decatur Commissioners' Districts. Decatur Sheriff's Bond Reduced. Dodge Officer's Eligibility. Douglas Board of Commissioners Created. Douglas CommissionersAct Repealed. Douglas Sheriff's Bond Reduced. Douglas Tax-Commissioner's Pay. Echols Sheriff's Bond Reduced. Effingham Sheriff's Bond Reduced. Elbert Treasurer's Salary Increased. Emanuel Sheriff's Bond Reduced. Fishing in Habersham, Rabun and Stephens Counties. Franklin Sheriff's Bond Reduced. Fulton County Zoning and Building. Glynn Zoning Regulations. Grady Board of Commissioners Created. Grady CommissionersAct Repealed. Haralson Tax-Commissioner. Hart Tax-Commissioner's Pay. JasperGame Licenses Prohibited. Jenkins CommissionersDistricts. Liberty Tax-Commissioner. Marion CommissionersAmendments.

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Meriwether Election Ballots. Meriwether Sheriff's Bond Reduced. Montgomery Board of Commissioners Created. Montgomery CommissionersRepealing Act. Montgomery Sheriff's BondAmount. Newton Sheriff's Bond Reduced. Newton Treasurer's Salary. Ordinary's Salary in Certain Counties. Pierce Sheriff's Bond Reduced. Pierce Tax-Collector and Receiver. Pierce Tax-Collector and ReceiverRepeal of Act Abolishing. Pierce Tax-Officer's Bond Premium. Pulaski Commissioner's Clerk's Salary. Putnam Commissioners' Reports. Richmond Officers and Employees. Rockdale Commissioners' Pay and Duties. Salaries of Clerk and Sheriff in Certain Counties. Schley Coroner's Inquest Fee. Sheriffs' Bonds in Certain Counties. Sheriffs' Pay in Certain Counties. Stephens Tax-Commissioner's Fees. Tax-Collectors' Bond Premiums in Certain Counties. Tax-Commissioners' Commissions in Certain Counties. Taylor Tax-Commissioner's Pay. Telfair Goats at Large Prohibited. Telfair Tax-Commissioner. Twiggs Sheriff's Bond Reduced. Twiggs Tax-Commissioner's Bond Premium. Wilcox Commissioners Additional. Wilcox CommissionersAmendments. Wilcox County Treasurer. Wilcox County Treasurer. Wilkes Tax-Commissioner's Pay. Worth Sheriff's Bond Reduced. APPLING COMMISSIONERS AND DISTRICTS. No. 54. An Act amending an Act creating a Board of Commissioners of Roads and Revenues for the County of Appling, State of Georgia, prescribing their powers and duties, fixing their compensation, and for other purposes, approved July 29, 1915(Ga. Laws 1915, page 141) by adding five (5) new members to the Board, fixing their terms and compensation and prescribing their duties, and providing that the Board shall consist of one (1) member from each militia district in the county, and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. From and after the passage of this Act, the Act creating a Board of Commissioners of Roads and Revenue for the County of Appling, State of Georgia, prescribing their powers and duties, fixing their compensation, and for other purposes, approved July 29, 1915, is amended by increasing the number of said Board from five (5), as previously constituted, to ten (10), the new members of said Board are Edgar Mayers, from the 456 Militia District, known as the Graham District; Daniel Williamson, from the 583 Militia District, known as the Thornton District; George W. Dukes, from the 1239 Militia District, known as the Surrency District; Herman P. Robinson, from the 1754 Militia District, known as the Wilson District, and Seab Craven, from the 1394 Militia District, known as the Melton District, all of whom are named as members of said Board of Commissioners of Roads and Revenues for Appling County for a term of three (3) years, beginning January 1, 1938, or as soon thereafter as they may qualify, and ending December 31, 1940. Act of 1915 amended. Board increased. Members named. Section 2. Said Commissioners shall have all of the powers and perform all of the duties now provided by law for the Board of Commissioners of Roads and Revenues for Appling County, and shall receive the compensation now in effect and provided for the members of said Board, and shall take the same oath and give the same bond now required by law for membership on said Board. Duties and powers. Section 3. It is further enacted that membership on said Board of ten (10) as provided by this Act shall consist of one (1) member from each of the ten (10) militia districts in Appling County, and in electing successors to said Board at the expiration of the terms of the old members and new members added by this Act, one (1) member of said Board shall be elected, by a vote of the people throughout the county, from each militia district in the

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county so that each militia district in the county shall have representation on said Board. Election of successors. Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Approved December 22, 1937. BAKER COURT OFFICERS' COST. No. 20. An Act to require Baker County to pay the officers of court the costs now allowed by law in each case convicted and worked on chain-gang, or eligible for chain gang service and put to other uses. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, that the County of Baker shall pay to the officers of court prosecuting misdemeanor cases in said county to conviction, the amount of their costs now allowed by law in such cases and on such convicts as said county shall take and put to work in the chain-gang of said county, and/or such misdemeanor convicts as may be eligible for convict service and who might be put to other uses with benefits, directly or indirectly to such county. Payment of officers' costs. Section 2. Be it further enacted that the officers of said court in said county, upon conviction for misdemeanor of any person, shall make out a bill of costs in each case, and the same shall be presented to the judge of court trying such case who shall examine and approve the same, if correct; and such bill of costs, when so approved by the presiding judge, shall be presented to the treasurer of said county, who shall pay the same out of the general fund of said county, or out of such particular funds of said county as the Board of Commissioners of Roads and

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Revenues of said county may direct; provided, however, that said officers shall not be dependent upon the fines and forfeiture of said court for payment of said costs. Approval of cost bills. Fund for payment. Section 3. Be it further enacted that all laws and parts of laws in conflict with this Act be and same are hereby repealed. Approved December 14, 1937. BARROW COMMISSIONERS' TERMS. No. 55. An Act to amend an Act entitled: 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, approved March 10, 1937, and particularly sections three and eleven thereof, so as to provide when the terms of the County Commissioners of Barrow County shall expire and to fix their salaries, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, that the Act approved March 10, 1937, entitled: 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, be and the same is hereby amended by adding to section 3 thereof and immediately following the words first Tuesday in July, 1937 the following words, to wit: Act of 1937 amended. The terms of the said Commissioners shall end on the 31st day of December, 1940, and an election shall be held to name their successors at the time the next regular

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election is held for county officers of Barrow County in which the sheriff, ordinary, clerk and others are to be elected, so that said section 3 of the said Act when so amended shall read as follows: 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. The terms of said Commissioners shall end on the 31st day of December, 1940, and an election shall be held to name their successors at the time the next regular election is held for county officers of Barrow County in which the sheriff, ordinary, clerk and others are to be elected. To be read. Terms of office. Section 2. Be it further enacted by the authority aforesaid that section 11 of the said Act be, and the same is hereby, striken in its entirety and a new section 11 is hereby enacted reading as follows, to wit: Section 11. Be it enacted by the authority aforesaid that members of the Board of Commissioners of Barrow County herein created shall receive as their entire compensation four ($4.00) dollars per day for each day's actual service rendered not to exceed three days per month, or a total of thirty-six (36) days during any one calendar year, with the provision, however, that if the said County of Barrow, through the said Commissioners, shall establish a prison camp in which to work felony or misdemeanor prisoners, or both of such classes, then, in that event, and not otherwise, inasmuch as more time will be required of the said Commissioners in the conduct of county affairs the Chairman of the said Commissioners shall receive the sum of one hundred twenty-five

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($125.00) dollars per month and give his entire time to the affairs of the county. Each of the other Commissioners shall receive the sum of twenty-five ($25.00) dollars per month, and give only the time necessary in assisting the Chairman. Said sums to be payable by the Treasurer of the county monthly. The said Commissioners shall elect a clerk whose duty shall be to keep a full and accurate record of all the actions and doings of the said Board of Commissioners at the court house in said county, and he shall be furnished an exclusive office for that purpose, which records shall be opened for the inspection of the public at all times during office hours and when the said board is not in session, and he shall perform such other duties and keep such records as required by law or may be required of him by the said board, and for his services he shall receive the sum of seventy-five ($75.00) dollars per month, payable monthly by the Treasurer of the said county, and with the further provision that the said clerk shall not be a member of the Board of Commissioners and shall give his entire time to the work of his office. Hon. George Bagwell is hereby named as clerk until December 31, 1940. New sec. 11. Pay of members. Pay of chairman and of other members. Clerk. Duties. Office Records, etc. Clerk's salary. Clerk named. The said Commissioners shall at their first meeting elect a Chairman of the Board from their membership who shall act as such during the term for which the said board was elected unless removed from the board for cause as is provided by law. After the first term, however, the Chairman shall be elected as Chairman by the voters of Barrow County, and the said Commissioners before entering upon their duties shall take an oath before the Ordinary of Barrow County for the faithful performance of their duty. Election of chairman. Section 3. Be it further enacted that all laws and parts of laws in conflict herewith be, and the same are hereby, repealed. Approved December 22, 1937.

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BEN HILL COMMISSIONERSAMENDMENTS. No. 255. An Act to amend the Act creating the office of Commissioners of Roads and Revenues in and for Ben Hill County, approved August 15, 1914, by providing that the Chairman of the Board of County Commissioners in and for Ben Hill County, Georgia shall receive additional compensation for his services, and defining his powers and duties; to provide how and when said county commissioners shall be elected; to provide when their terms of office shall begin and end; and to provide when and how this Act shall become effective; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that R. L. Stone, the present Chairman of the Board of Roads and Revenues in and for Ben Hill County shall continue to act and be the chairman of said board until December 31, 1938, and that George W. Williams shall continue to act and be the vice-chairman of said board for the same period as aforesaid and G. M. Young shall continue to act and be the commissioner for the same period as aforesaid; provided, of course, that said named R. L. Stone, George W. Williams and G. M. Young shall continue to serve as such members of said board during said period of time; and if a vacancy shall occur by reason of the death, resignation, or removal of any of the present members of the board of roads and revenues in and for said county, that said vacancy shall be filled by the ordinary of said county, as now provided by statute. Members of board named. Terms of service. Vacancy to be filled. Section 2. Be it further enacted by the authority aforesaid that the Chairman of said Board of Roads and Revenues in and for Ben Hill County, Georgia, shall devote at least one half of reasonable office-hour time to

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looking after the affairs of the County of Ben Hill which properly come under the administration in management of the Board of Commissioners of Roads and Revenues of said county. The Chairman of Commissioners of Ben Hill County shall have authority to make contract with the Highway Department for grading and paving the road and to make purchases for the county to the amount of three hundred ($300.00) dollars without approval of other members of the board. The chairman shall make a report to the other members of the board at each meeting monthly of said purchases, and the chairman is further authorized to make financial arrangements to finance the county for the balance of the year 1938. Chairman's service time. Contract for road work. Reports. Section 3. Be it further enacted by the authority aforesaid, that the chairman of the board of roads and revenues in and for said county shall receive fifty dollars per month for his services as chairman and as county commissioner, to be paid by the treasurer of the county on an order signed by the chairman and clerk. Chairman's pay. Section 4. Be it further enacted by the authority aforesaid that in the general election in 1938 and every two years thereafter, there shall be elected three members of the Board of Roads and Revenues in and for said county who shall constitute the board of roads and revenues in and for said county who shall hold office for a term of two years from and after the 1st day of January following the election and until their successors are elected and qualified. Election of members. Section 5. Be it further enacted by the authority aforesaid that when the present terms of said commissioners named in this Act shall expire on December 31, 1938 that section 1, section 2 and section 3 of this Act shall become inoperative and that from that time on all remaining provisions of the Act creating the office of Commissioners of Roads and Revenues in and for Ben Hill County, Georgia, approved August 15, 1914 and the

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amendatory Acts thereto relative to said office of Commissioners of Roads and Revenues in and for said county shall continue and be in full force and effect. Expiration of terms. Act of 1914. Section 6. Be it further enacted by the authority aforesaid, that this Act shall become effective immediately upon its passage and approval by the Governor. Effective date. 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 January 26, 1938. BRANTLEY TAX-COMMISSIONER'S PAY. No. 412. An Act to amend an Act entitled an Act to abolish the offices of Tax-Receiver and Tax-Collector of Brantley County, Georgia, etc., appearing on pages 394-397 of Georgia Laws of 1931, by increasing the compensation of the Tax-Commissioner of said 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. Section 5 of the Act of the General Assembly of Georgia entitled an Act to abolish the offices of Tax-Receiver and Tax-Collector of Brantley County, Georgia, appearing on pages 394-397 of Georgia Laws of 1931, the said Act being approved August 14, 1931, be and the same is hereby amended by striking from the said section 5 the words and figures seventy per cent (70%) and by substituting therefor the words and figures ninety per cent (90%) which said amendment accordingly increases the compensation of the Tax Commissioner of Brantley County, Georgia, provided, however, that the provisions of this Act shall not apply to taxes due prior to January 1, 1938. Act of 1931 amended. Increase of pay.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 16, 1938. BRYAN COMMISSIONERS' BONDS. No. 314. An Act to amend that certain Act creating a Board of Commissioners of Roads and Revenues for the County of Bryan, defining their powers and duties and providing for the method of selection of members, prescribing their qualifications, and for other purposes, approved July 19, 1927 (Georgia Laws 1927, pages 505-510) as amended by that certain Act of the General Assembly of Georgia approved February 23, 1935 (Georgia Laws 1935, pages 580-591) by striking from section 4 of said Act as amended the words and figures five thousand ($5,000.00) dollars each appearing in the fourth and fifth lines of said section and by substituting in lieu thereof the words and figures one thousand ($1,000.00) dollars each, so that the Commissioners of Roads and Revenues of Bryan County shall be required to give a good and sufficient surety bond in the sum of one thousand ($1,000.00) dollars each instead of in the sum of five thousand ($5,000.00) dollars each as provided in said original Act as amended; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same: Section 1. That a certain Act, entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Bryan; to define their powers and duties; to provide for the method of selection of members, prescribe their qualifications, and for other purposes. approved

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July 19, 1927 (Georgia Laws 1927, pages 505-510) as amended by that certain Act of the General Assembly of Georgia approved February 23, 1935 (Georgia Laws 1935, pages 580-591) be amended in the following particulars to wit: Acts of 1927 and 1935 amended. (A) By striking the words and figures five thousand ($5,000.00) dollars each as said words and figures appear in the fourth and fifth lines of section 4 of said Act as amended and by substituting in lieu thereof the words and figures one thousand ($1,000.00) dollars each, so that said section 4 of said original Act of 1927, as amended by said Act approved February 23, 1935, and as further amended by this Act, shall read and be as follows: Amount of bonds reduced. Be it further enacted by the authority aforesaid, that said commissioners shall each, before entering upon their duties, be commissioned by the Governor, make a good and sufficient surety bond in the sum of one thousand ($1,000.00) dollars each, and take and subscribed to an oath, to faithfully perform the duties of their office and account for all moneys coming into their hands as such commissioners, said bond to be payable to the ordinary of Bryan County and his successors in office, and the oath subscribed before him, and each recorded in his office. The bond herein specified and required shall be signed by some reputable, legally qualified and solvent surety company, and the premium, or premiums, required therefor, to be paid for by the county treasurer of Bryan County on warrants drawn on the proper and legal funds for this purpose. Surety company. 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 7, 1938.

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BRYAN OFFICERS' BOND PREMIUMS. No. 315. An Act to amend that certain Act entitled An Act to require all county officers of Bryan County, Georgia, to give and subscribe a good and sufficient indemnity bond in some reputable and solvent insurance company, having an agent, office, and place of doing business and otherwise qualified to do business in the State of Georgia; to repeal all laws and parts of laws in conflict herewith; and for other purposes, approved February 26, 1935 (Georgia Laws 1935, pages 591-592), by adding an additional proviso to the first section of said Act under which it shall be authorized and required that premiums on the bonds of said county officers shall be paid from and out of the general funds of said county; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same: Section 1. That section 1 of that certain Act entitled An Act to require all county officers of Bryan County, Georgia, to give and subscribe a good and sufficient indemnity bond in some reputable and solvent insurance company, having an agent, office, and place of doing business and otherwise qualified to do business in the State of Georgia; to repeal all laws and parts of laws in conflict herewith; and for other purposes, approved February 26, 1935 (Georgia Laws 1935, pages 591-592), be amended by adding to said section and immediately following the last sentence thereof an additional proviso to read as follows: Provided further, that the premiums on the bonds of county officers as required by this Act to be given and

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posted, shall be paid by the county out of its general funds. so that said section when and as amended shall be and read as follows: Act of 1935 amended. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that from and after the expiration of the respective terms of office of all of the present county officers of Bryan County, Georgia, all county officers of said county who are now or who may hereafter be required to make bond give a good and sufficient indemnity bond underwritten by a reputable and solvent bonding company having an office and an agent in the State of Georgia, such bond to be approved by the Board of Commissioners of Roads and Revenues of Bryan County, Georgia. Provided, that nothing contained in this Act shall be so construed as to modify or change the law requiring the Tax Commissioner of said County of Bryan to give a good and sufficient indemnity bond to be approved by the Board of Commissioners of Roads and Revenues of Bryan County, Georgia, in a sum of not less than $10,000.00; provided, further, that the premiums on the bonds of county officers as required by this Act to be given and posted, shall be paid by the county out of its general funds. Bond premiums. Premium payment. 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 7, 1938. BRYAN SHERIFF'S BOND REDUCED. No. 222. An Act to reduce the amount of the official bond of the Sheriff of Bryan County, Georgia, to $2500.00; to repeal all conflicting laws; 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: Section 1. That from and after the passage and approval of this Act the amount of the official bond of the Sheriff of Bryan County, Georgia, be and it is hereby reduced to $2500.00 and that from and after the passage and approval of this Act the amount of the official bond of the sheriff of said county shall be $2500.00. Amount reduced to $2500. Section 2. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved January 21, 1938. CAMDEN SHERIFF'S BOND REDUCED. No. 355. An Act to reduce the official bond of the Sheriff of Camden County, Georgia, from $10,000.00 to $3,000.00; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That from and after the passage of this Act the bond to be given by the Sheriff of Camden County, Georgia, as a requisite to his qualification for such office shall be reduced from $10,000.00 to $3,000.00 and shall be fixed in the amount of $3,000.00. Amount reduced to $3,000. Section 2. That upon the effective date of this Act the bond of said Sheriff of Camden County, Georgia, shall be reduced to $3,000.00 and each renewal thereof as well as all future bonds required of said official shall be in the sum of $3,000.00.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 12, 1938. CANDLER SHERIFF'S BOND REDUCED. No. 223. An Act to fix the amount of the official bond of the Sheriff of Candler County, Georgia, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same that from and after passage of this Act the amount of the official bond required of the Sheriff of Candler County, Georgia, be and the same is hereby reduced from ten thousand dollars ($10,000.00), as required by the general law of the State to the sum of five thousand dollars ($5,000.00). Amount reduced to $5,000. 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 January 19, 1938. CHATHAM, BRYAN, AND LIBERTY ZONING ORDINANCES. No. 254. An Act granting to the Commissioners of Roads and Revenue of Chatham, Bryan, and Liberty Counties in the State of Georgia authority to regulate in said counties along any or all roads on the State Highway System outside of limits of any city or town which now has authority to adopt and enforce zoning ordinances therein, the height, size and use of buildings and other structures;

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the size of yards, courts, and other open spaces; the density of population; and the regulation, location and use of buildings, open spaces, streets and structures respectively for trade, industry, residence, recreation and other purposes; to provide for the establishment of districts or zones within those portions of the county aforesaid; the creating of a board or commission, and granting powers to the same to carry into effect such regulations and provisions; to provide for the punishment of violations of such regulations and provisions; to authorize participation of Glynn County in Regional Zoning; and for other purposes. Section 1. Grant of power. 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 Revenue of Chatham, Bryan, and Liberty Counties in addition to all other powers delegated to them, are hereby empowered to regulate the height, number of stories, and size of buildings and other structures, the percentage of lots which may be occupied, the size of yards, courts and other open spaces, the density of population, the location and use of buildings and other structures, for trade, industry, residence, recreation, public activities or other purposes, the use and conditions of use or occupancy of land for trade, industry, residence, recreation, agriculture, grazing, water supply conservation, soil conservation, forestry or other purposes, within two hundred feet of the center line of any or all State Highways; and to establish setback lines for buildings and structures along the said streets and roads. Powers delegated. Section 2. Purpose in view. Be it further enacted by the authority aforesaid, that such regulation shall be made in accordance with a comprehensive plan and design for the purpose of promoting health, safety, morals or the general welfare of the people of the county, including among other things lessening congestion in the streets

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and roads, protecting the development of both urban and non-urban areas, securing safety from fires, panic and other dangers; providing adequate light and air, promoting health and general welfare and providing such distribution of population and such classification of land uses and distribution of land development and utilization as will tend to facilitate economical and adequate provision for transportation, roads, soil conservation, water supply, drainage, sanitation, education, recreation or other public requirements, conserving and developing the natural resources, fostering the State's agriculture and other industries, and protecting the food supply. Such regulations shall be made with reasonable consideration, among other things, to the character of the district and its peculiar suitability for particular uses, and with a general view to conserving property values, including the tax base, securing economy in governmental expenditure and encouraging the most appropriate use of land in said territory. Purposes stated. Section 3. The Planning Board. Be it further enacted by the authority aforesaid, that in order to avail themselves of the powers conferred by this Act, the Commissioners of Roads and Revenue of any or all of the aforesaid counties, are hereby given the power and authority to appoint for each of the said counties a board of five members to be known as the County Planning Board. Planning board. In addition to the chairman and clerk of the Commissioners of Roads and Revenue of such county who shall be ex-officio members of said Planning Board, there shall be three members. The original appointment shall be one member for one year, one member for two years and one member for three years, all to serve until their successors are appointed and qualified. As each member's term expires his successor shall be appointed for the full term of three years. Officers and members. Terms.

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If the Commissioners of Roads and Revenue of any or all of the counties aforesaid so desire, they may in conjunction with another county or counties form a Regional Planning Board or Boards and thereupon may delegate to said Regional Planning Board or Boards all of the powers and duties which under the terms of this Act are conferred upon the County Planning Board. The Commissioners of Roads and Revenue of said counties may delegate to such Regional Planning Board or Boards jurisdiction over all or part of said territory as they see fit and may provide for a County Planning Board as well as a Regional Planning Board or Boards. Regional planning board. The Commissioners of Roads and Revenue shall provide for the filling of vacancies in such Board or Boards. The Commissioners may remove any member for cause upon written charges after a public hearing. Vacancy. Removal. Section 4. Personnel: Assistance from State Agencies. Be it further enacted, by the authority aforesaid, that the County Planning Board may, with the consent and approval of said Commissioners hire such employees as are necessary, but the compensation of said employees shall be fixed by said Commissioners of Roads and Revenue and no expense shall be created or obligations incurred by said County Planning Board without the consent and approval of said Commissioners. Employees. Pay. All State officials, departments and agencies having information maps and data pertinent for county zoning and planning are hereby authorized and directed to make such available for the use of the Planning Board as well as furnish such technical assistance and advice as they may have available for the purpose. Advice and assistance. Section 5. Preparation of zoning plan. Be it further enacted by the authority aforesaid, that the several County Planning Boards shall make for certification to the Commissioners of Roads and Revenue of their respective

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counties, a zoning plan or plans, including both the full text of the zoning ordinance or ordinances and the maps representing the recommendations of the board for the regulation by districts or zones of the location, height, bulk and size of buildings and other structures, percentage of lot which may be occupied, the size of lots, courts and other open spaces, the density and distribution of population, the location and use of buildings and structures for trade, industry, residence, recreation, public activities or other purposes, and the use of land for trade, industry, recreation, agriculture, forestry, soil conservation, water supply conservation or other purposes; provided that the authority herein granted shall extend only to the territory embraced within two hundred feet of the center line of the roads, now or hereafter included in the State Highway System. Certificate of plans. Regulations. When the efforts of such board shall have reached the stage of a tentative plan, the board shall hold at least one public hearing on each tentative plan to be separately submitted, notice of which hearing shall be given by publishing notice thereof in the official gazette of the county at least fifteen days before the date of the hearing. The notice shall contain the time and place of hearing, and shall specify the place and times at which the tentative text and maps of the zoning ordinance may be examined. For the purpose of its public hearing or hearings, the boards shall have the power to summon witnesses, administer oaths and compel the giving of testimony. In the event that, after such public hearing or hearings, the Planning Boards, in the light of developments at such hearing or hearings, make changes in their tentative plan, no further hearings shall be required. Public hearing. Notice. Evidence. Section 6. Zoning ordinance. Be it further enacted by the authority aforesaid, that from and after the time when the Planning Board, in accordance with the procedure under section 5 makes, adopts and certifies to

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the Commissioners of Roads and Revenue of their respective county each zoning plan, including both the full text of a zoning ordinance and the maps then the Commissioners of Roads and Revenue may, by ordinance, divide such territory of their respective county, into districts or zones of such number, shape or area as it may determine and within such districts, or any of them, may regulate the location, erection, construction, reconstruction, alteration and uses of buildings and structures and uses of land, and may require and provide for the issuance of building permits as a condition precedent to the right to erect, construct, reconstruct, or alter any building or structure within any district covered by such zoning ordinance. All such regulations shall be uniform for each class or kind of buildings throughout any district, but the regulations in one district may differ from those in other districts. Ordinances. Districts. The Commissioners of Roads and Revenue of such county shall within fifteen days after the adoption of any regulation or map cause publication to be made thereof in the official gazette of the county, provided that instead of publication of maps reference may be made to the office where they are officially filed and may be examined. Maps. Section 7. Method of procedure. Be it further enacted by the authority aforesaid, that after receiving the certification of zone plan from the Planning Board and before the enactment of any zoning ordinance, the Commissioners of Roads and Revenue shall hold a public hearing thereon, of the time and place of which at least thirty days notice shall be given in the official gazette of the county. Such notice shall state the place at which the text and maps as certified by the Planning Board may be examined. No change in or departure from the text or maps, as certified by the Planning Board, shall be made unless such change or departure shall first be submitted to the Planning

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Board for its approval or disapproval or suggestions. The Planning Board shall have thirty days from and after such submission within which to send its report to the Commissioners of Roads and Revenue; provided, however, that no approval, disapproval or suggestion of the Planning Board shall have more than advisory effect or shall in any wise bind the Commissioners of Roads and Revenue. Notice and hearing. Reports. Section 8. Amendments. Be it further enacted by the authority aforesaid, that the Commissioners of Roads and Revenue may, from time to time, amend the number, shape, boundary or area of any district or districts, or any regulation of, or within such district or districts, or any other provisions of any zoning ordinance, but no such amendment shall be made or become effective until the same shall have been proposed by or be first submitted for approval, disapproval or suggestions to the Planning Board. Any proposal, approval, disapproval or suggestions of the Planning Board shall have advisory effect only and not be binding on the Commissioners of Roads and Revenue, and, unless such Planning Board shall have transmitted its report upon the proposed amendment within thirty days after the submission thereof to it, the Commissioners of Roads and Revenue shall be free to proceed to the adoption of the amendment without further awaiting the receipt of the report of the Planning Board. Before finally adopting any such amendment, the Commissioners of Roads and Revenue shall hold a public hearing thereon, at least thirty days notice of the time and place of which shall be given by at least one publication in the official gazette of the county. Amendment of district regulations. Advisory effect. Adoption. Section 9. Cooperation between counties. Be it further enacted by the authority aforesaid, that the said Planning Board shall have the authority to cooperate with the Planning and Zoning Boards of other counties, cities, villages or other municipalities, either within or without

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such county, and with municipal and state authorities, with view to coordinating and integrating the planning and zoning program and to appoint such committees and adopt such rules as may be thought proper to effect such cooperation. County co-operation. Section 10. Board of Appeals. Be it further enacted by the authority aforesaid, that the Commissioners of Roads and Revenue of each county exercising authority hereunder shall provide for a Board of Appeals of three members and for the manner of appointment thereof. Appeals. The said Commissioners of Roads and Revenue shall fix the terms of the members of such board, which term shall be of sufficient length and so arranged that the term of at least one member shall expire each year. The said Commissioners may remove any member for cause on written charges after a public hearing. Any vacancy shall be filled by the Commissioners for the unexpired term. The Commissioners of Roads and Revenue may appoint associate members of such board and in the event that any member be temporarily unable to act, due to absence from the county, illness, interest in a case before the board, or any other cause, his place may be taken during such temporary absence or disability by any associate member designated for the member. Terms of office. Removal. Vacancy. Associate members. The Commissioners of Roads and Revenue may specify and provide general rules to govern the organization, procedure and jurisdiction of such Board of Appeals, which rules shall not be inconsistent with the provisions of this Act; and the Board of Appeals may adopt supplemental rules of procedure not inconsistent with this Act or such general rules. The Board shall elect one of its number as chairman and shall appoint a secretary. The secretary may be an employee of the county. Meetings of the board shall be held at the call of the chairman and at such other times as the Board may determine. The members of such Board shall have the power to summon

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witnesses, administer oaths and compel the giving of testimony. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the board and shall be a public record. Rules of procedure. Chairman. Secretary. Evidence. Meetings. Minutes. Appeals to the Board of Appeals may be taken by any officer, department, board or bureau of the respective counties, and also by any person or persons having a substantial interest in any decision of an administrative officer or agency seeking to function under authority thereof or to enforce any ordinance enacted pursuant to this Act. Such appeals shall be taken as provided by the rules of the Board of Appeals and shall be evidenced by filing with the secretary a written notice of appeal specifying the grounds thereof, and what modification of its decision is sought. The officer or agency from whose decision the appeal is taken shall forthwith transmit to the Secretary of the Board of Appeals all documents pertinent to the decision appealed from. The filing of such appeal shall stay all proceedings in furtherance of the actions or decisions appealed from, until it shall be passed upon by the Board of Appeals. After such decision proceedings in conformity herewith shall not be further stayed except as hereinafter provided. Appeals. Notice. Stay of proceedings. The Board of Appeals shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by an attorney at law. Notice and hearing. The Board of Appeals shall, subject to such appropriate conditions and safeguards as may be established by the Commissioners of Roads and Revenue, have the following powers;

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1. To hear and decide appeals where it is alleged by appellant that there is an error in any order, requirement, decision or determination made by an administrative official or agency in the enforcement of this Act or of any ordinance or regulation adopted pursuant thereto. Powers stated. 2. To authorize upon appeal in specific cases such variance from the terms of such ordinance or regulations as will not be contrary to the public interest, where, owing to special conditions fully demonstrated on the basis of the facts presented, literal enforcement of the provisions of the ordinance or regulation will result in great practical difficulties or unnecessary hardship, and so that the spirit of the ordinance or regulation shall be observed and substantial justice done. In exercising the above mentioned powers such board may, in conformity with the provisions of this Act, reverse or affirm wholly or partly or may modify the order, requirement, decision or determination appealed from and may take such order, requirement, decision and determination as ought to be made, and to that end shall have all the powers of the officer or agency from whom the appeal is taken. A majority of the Board of Appeals shall constitute a quorum and a majority vote of the members hearing the appeal shall be sufficient to determine the appeal. Quorum of board. Any person or persons who may have a substantial interest in any decision of the Board of Appeals, or any officer, board or bureau of the county, may appeal from any decision of the Board of Appeals to the Superior Court in and for such county by filing with the clerk of the said court a petition in writing setting forth plainly, fully and distinctly wherein such decision is contrary to law. Such appeal will be filed within thirty days after the decision of the Board of Appeals is rendered. Parties to appeals.

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Upon the filing of such an appeal the Clerk of the Superior Court shall give immediate notice thereof to the secretary or the Board of Appeals, and within thirty days from the time of such notice the Board of Appeals shall cause to be filed with the said clerk a duly certified copy of the proceedings had before the said Board of Appeals, including a transcript of the evidence heard before it, if any, and the decision of the said board. Transcript of proceedings. Thereafter at the next term of the Superior Court, or in vacation upon ten days notice to the parties, the Judge of the Superior Court of said county shall proceed to hear and pass upon the said appeal. The findings of fact by the said Board of Appeals shall be final and conclusive on the hearing of such appeal. In determining the questions presented by the appeal the court shall determine only whether the decision of the Board of Appeals is correct as a matter of law. Trial on appeal. Fact findings conclusive. Any party at interest who is aggrieved by the judgment rendered by the Superior Court upon such appeal may have the same reviewed by bill of exception in the same manner as now provided by law for fast bills of exceptions to other judgments, orders and decrees of the Superior Courts. Bill of exceptions. The filing of an appeal in the Superior Court from any decision of the said Board of Appeals shall not ipso facto act as a supersedeas but the Judge of the Superior Court may in his discretion grant a supersedeas upon such terms and conditions as may seem reasonable and proper. Supersedeas. In the event that the decision of the Board of Appeals should be reversed by the Superior Court the said Board of Appeals shall be cast with the costs and the same shall be paid by the county at interest. Costs. Section 11. Joint board of appeals. Be it further enacted by the authority aforesaid, that in lieu of a separate Board of Appeals for each county, a county may join

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with one or more counties having similar zoning and planning authority in the establishment of a joint board of appeals of five members having all of the jurisdiction, powers and incidence of the Boards of Appeals for the several respective counties. Such joint Board of Appeals may hold its hearings at such place or places in any of the counties within its jurisdiction as it may determine but the jurisdiction for appeal from such joint Board of Appeals shall lie in the Superior Court of the county in which the particular question arose. Joint boards. Section 12. Violations: Enforcement. Be it further enacted by the authority aforesaid, that in case any building or structure is erected, constructed, reconstructed, altered or repaired, converted, or maintained, or any structure or land is used in violation of this Act, or of any ordinance or other regulation duly made under the authority conferred by, or in the event of the violation by any person or persons of any of the provisions of this Act, such violation in any respect shall be held to be a misdemeanor under the laws of the State, and the offender upon conviction shall be punished as for a misdemeanor, and any court of the county having jurisdiction of misdemeanor cases shall have jurisdiction to try such offenders and upon conviction to so punish them; and provided further that each day that any structure or land is used in violation of this Act shall constitute a separate offense. In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, maintained or used, or any land is or is proposed to be used in violation of this Act or of any regulation or provision of any ordinance, or amendment thereof, enacted or adopted by the Commissioners of Roads and Revenue under the authority granted by this Act, such commissioners, the County Attorney or any owner of real estate within the district in which such buildings, structure or land is situated, may, in addition to other remedies provided by law, institute injunction, mandamus abatement

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or any appropriate action or actions, proceeding or proceedings to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration, maintenance or use. Civil and criminal actions on violation of regulations. Buildings. Section 13. Non-conforming uses. Be it further enacted by the authority aforesaid, that the lawful use of a building or structure, or the lawful use of any land, as existing and lawful at the time of the enactment of a zoning ordinance, or in the case of an amendment of an ordinance, then at the time of such amendment may, except as hereinafter provided, be continued although such does not conform with the provision of such ordinance of amendment, and such may be extended throughout the same building provided no structural alteration of such building is proposed or made for the purpose of such extension. The Commissioners of Roads and Revenue may provide in any zoning ordinance for the restoration, construction, reconstruction, extension or substitution of non-conforming uses upon such terms and conditions as may be set forth in the zoning ordinance. The Commissioners of Roads and Revenue may in any zoning ordinance provide for the termination of non-conforming uses, either by specifying the period or periods in which non-conforming uses shall be required to cases, or by providing a formula or formulae whereby the compulsory termination of non-conforming uses may be so fixed as to allow for the recovery or amortization of the investment in the non-conformance. Building regulations. Section 14. Finances. Be it further enacted by the authority aforesaid, that the Commissioners of Roads and Revenue of the respective counties are authorized and empowered to provide funds to finance the work of the County Planning Board and the Board of Appeals and to enforce the zoning regulations and restrictions which are adopted; and to accept grants of money, for those purposes, from either private or public sources, State or Federal. Funds for enforcing regulations.

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Section 15. Punishment of contempt. Be it further enacted by the authority aforesaid, that in case of contempt by any party witness or other person before either the Planning Board or the Board of Appeals, such board may certify such fact to the Superior Court of the county wherein such contempt occurs and the judge of said court, either in term time or vacation, after hearing, may impose such penalty as the facts authorize or require, and shall have the same powers and authority over parties and witnesses as are given by section 10-103 of the Code to auditors appointed by the Superior Court. Contempts. Penalty. Section 16. Participation of Glynn County in regional zoning. Be it further enacted by the authority aforesaid, that if the Commissioners of Roads and Revenue of Glynn County so desire, they may in conjunction with another county or counties form a Regional Planning Board or boards and thereupon may delegate to said Regional Planning Board or boards all of the powers and duties which under the terms of this Act are conferred upon the Glynn County Planning Board. The Commissioners of Roads and Revenue of Glynn County may delegate to such Regional Planning Board or boards jurisdiction over all or part of said county as they see fit and may provide for a County Planning Board as well as a Regional Planning Board or boards. Glynn County Regional Board. The Commissioners of Roads and Revenue shall provide for the filling of vacancies in such board or boards. The Commissioners may remove any member for cause upon written charges after a public hearing. Vacancies in boards. Section 17. Legislative intent. It is the legislative intent that the powers conferred by this Act may be exercised by any or all of the aforesaid counties, in the discretion of their governing authorities. Intent of this Act. Section 18. Legality. Be it further enacted by the authority aforesaid, that if any portions or provisions

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of this Act may be found unconstitutional or contrary to any general laws of the State of Georgia, such invalidity shall not effect any other portion or provisions of this Act. Invalid parts. Section 19. Conflict with other laws. 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 January 26, 1938. CHATHAM DEPUTY DISBURSING CLERK. No. 38 An Act to amend an Act to abolish the office of county treasurer in and for Chatham County; to prescribe additional duties for the County Commissioners and Ex-Officio Judges of Chatham County in reference to the duties heretofore imposed upon the treasurer of said county; to make provision for the handling and disbursement of all county funds; to provide for a county depository and for a disbursing clerk, 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. An Act to abolish the office of County Treasurer of Chatham County, approved March 24, 1933 (Georgia Laws 1933, page 439), be and the same is hereby amended by inserting in the seventh line of section four immediately after the word clerk and before the words with such authority as they may determine, the words and/or a deputy disbursing clerk or clerks, so that said section when amended shall read as follows: Act of 1933 amended.

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Section 4: Be it further enacted by the authority aforesaid, that all county funds of Chatham County, Georgia, except such as may be specially otherwise excepted by law, shall be disbursed by the said County Commissioners and Ex-Officio Judges of Chatham County, Georgia; and in their discretion they shall have power to employ a disbursing clerk and/or deputy disbursing clerk or clerks with such authority as they may determine. Deputy disbursing clerk. Section 2. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved December 21, 1937. CHATTAHOOCHEE COMMISSIONERSAMENDMENTS. No. 45. An Act to amend an Act to repeal an Act approved August 5, 1913, and all Acts amendatory thereof, and creating in lieu thereof a new Board of Commissioners of Roads and Revenues for the County of Chattahoochee(Georgia Laws 1937, pages 1284-1288)by changing the number of Commissioners to be elected, the manner in which said Board are to be elected, 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 section two (2) of the Act creating a Board of Commissioners of Roads and Revenues for the County of Chattahoochee appearing on page 1284 Georgia Laws 1937, providing: Act of 1937 amended.

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There is hereby created a Board of Commissioners of Roads and Revenues for the County of Chattahoochee, to consist of three (3) members. Said members 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, be and the same is hereby amended by striking said section number two (2) in its entirety from said Act, and by substituting in lieu thereof the following paragraph: Be it further enacted by the authority aforesaid, there is hereby created a Board of Commissioners of Roads and Revenues for the County of Chattahoochee, to consist of five (5) 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. Five board members. Section 2. That section three (3) of said Act appearing on page 1284, Georgia Laws 1937, providing: For the purpose of this Act, and in the election of the Commissioners hereunder of Chattahoochee County, the county is hereby divided into three Commissioners' Districts and each district shall be entitled to one Commissioner, be and the same is hereby amended to read as follows: For the purpose of this Act, and in the election of the Commissioners hereunder of Chattahoochee County, the county is hereby divided into three Commissioners' Districts and each district shall be entitled to Commissioners as follows: Commissioner's District No. 1 shall be composed of the 1104th Militia District, known as Cusseta District, and shall be entitled to two Commissioners. 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, and shall be entitled to one Commissioner.

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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 and shall be entitled to two Commissioners. Commissioners' district. Section 3. That section four (4) of said Act, appearing on page 1285 Georgia Laws 1937, providing: 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 Commissioner of Roads and Revenues, as provided for 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 the county. Should a vacancy occur, in any case, upon said 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 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, be and the same is hereby amended by striking the said section No. 4 in its entirety from said Act, and by substituting in lieu thereof the following paragraph: Be it further enacted by the authority aforesaid that for the purpose of putting this Act into effect persons now serving as Commissioners of Roads and Revenues of Chattahoochee County, to wit: C. N. King, W. H. Bagley and K.G. Harp, shall continue to serve until December 31, 1937, that from that time the members

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of said Board of Commissioners of Roads and Revenues for the County of Chattahoochee are hereby named as follows, to serve for the following terms and from the following districts: Commissioners named. K.G. Harp and Frederick Van Horn from District No. 1, composed of the 1104th Militia District, known as the Cusseta District, for a term beginning January 1, 1938, and ending December 31, 1940, or until their successors are elected and qualified. W.H. Bagley from Commissioner's District No. 2, composed of the 678th Militia District, known as Gobbler's Hill District, and the 1153rd Militia District, known as Big Sandy District to serve from January 1, 1938 to December 31, 1940, or until his successor is elected and qualified. C. N. King and Homer Perkins from Commissioner's District No. 3 composed of the 787th Militia District, known as Halloca District and the 1107th Militia District known as Pine Knot District, and to serve from January 1, 1938, to December 31, 1940, or until their successors are elected and qualified. That on Tuesday after the first Monday in November, 1940, Commissioners shall be elected for a term of four years beginning on the first day of January following the day of election, and quadrennially thereafter. Candidates running for the office of Commissioner of Roads and Revenues, as provided for by 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 county for at least two years and a resident of the district in which they seek election for at least one year prior to their election, and shall be qualified voters of the county. Should a vacancy occur, in any case, upon said Board, it shall be the duty of the ordinary to call an election in not less than twenty (20) days, nor more than sixty (60) days, and he shall give notice by publication

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of at least ten (10) days in advance of said election of the date, places and manner of holding said election to fill such vacancy, and the person elected at said election shall hold office only for the unexpired term, or until his successor is elected and qualified. Said Commissioners to be elected in a county wide election by all qualified voters of the county voting for each of said Commissioners. Election and term. Section 4. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved December 22, 1937. CHATTOOGA SHERIFF'S BOND REDUCED. No. 78. An Act to reduce the official bond of the Sheriff of Chattooga 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 Chattooga County, Georgia, shall be the sum of $3,000.00. Amount reduced. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved December 29, 1937. CLAYTON COMMISSIONERS' PAY. No. 328. An Act to amend an Act approved July 1, 1910, known as the Act to create a Board of Commissioners of Roads and Revenues for Clayton County by striking

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the word two in line four of Section 8 and inserting in lieu thereof the word five and by striking the word thirty in line six of said section 6 of said Act and inserting the word sixty in lieu thereof; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Act approved July 1, 1910, known as An Act to create a Board of Commissioners of Roads and Revenues for Clayton County, be and the same is hereby amended as follows: By striking the word two in line four of section 8 of said Act and inserting in lieu thereof the word five and by striking the word thirty in line six of said section 8 of said Act and inserting in lieu thereof the word sixty, so that said section when so amended shall read as follows: Act of 1910 amended. Section 2. Be it further enacted by the authority aforesaid, that the members of said Board of Commissioners hereby created, and their successors in office, shall receive as compensation for their services the sum of five dollars per day for each day of actual service; provided, that no Commissioners shall be paid for more than sixty days service during one year. The expenses incurred by said Commissioners in the discharge of their duties may be paid by the county, however, provided an itemized statement of same shall be submitted to the grand jury at the first term of court after such expenses are incurred, if said expense account shall be approved by said grand jury. Pay of commissioners. Section 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 7, 1938.

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CLINCH COMMISSIONERS, CLERK, AND ATTORNEYSALARIES. No. 116. 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; as found in The Acts of the Legislature of 1933, 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 nine (9) as it appears on page 460 of the Acts of the Legislature of 1933 is amended as follows: by striking the entire section nine (9) of this Act as appears on page 460 of the Acts of the Legislature of 1933 and inserting in lieu thereof the following: Be it enacted by the General Assembly of the State of Georgia that the Chairman of the said Board of Commissioners of Roads and Revenues shall receive a salary not to exceed fifteen hundred dollars ($1500.00) per annum, said salary to be prorated at one hundred and twenty-five dollars ($125.00) per month; and if however, the chairman of said board does not give his entire time to the duties of his office, then and in that event he shall receive only the compensation as provided for other members of said board in this section. Each member of the said board shall receive three dollars ($3.00) per day for every day he attends a board meeting and in addition to that he shall receive not more than five cents (.05) per mile for expenses for attending said board meeting or in attending to the duties of his said office. All expense bills to be approved by the board in writing before payment. For extra service when rendered when not attending board meeting the members of said board shall present an itemized bill for the approval of the board, for which service he is not to receive more than three dollars ($3.00) per day. Act of 1933 amended. Salaries. Per diem.

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Section 2. Be it further enacted by the authority of aforesaid that section eleven (11) on page 461 of the Acts of the Legislature of 1933 creating a Board of Commissioners of Roads and Revenues for the County of Clinch, be and the same is hereby amended as follows: By striking the last sentence in said section, Such clerk shall receive such compensation as may be fixed and determined by the Board of Commissioners and shall not be more than fifty dollars ($50.00) per month, and inserting in lieu thereof the following sentence, Such clerk shall receive such compensation as may be fixed and determined by the board of Commissioners and shall not be more than sixty dollars ($60.00) per month. so that section eleven (11) on page 461 of the Acts of the Legislature of 1933 creating a Board of Commissioners of Roads and Revenues shall read as follows: Be it further enacted that the board shall elect a clerk for said board, who must have some experience of book-keeping and be familiar with the duties to be performed by said clerk, and shall be subject for removal at any time with or without cause by the Commissioners. Such clerk shall receive such compensation as may be fixed and determined by the board of commissioners, and shall not be more than sixty dollars ($60.00) per month. Clerk's pay. Section 3. Be it further enacted by the authority of the aforesaid, section seventeen (17) on page 463 of the Acts of the Legislature of 1933 creating a Board of Commissioners of Roads and Revenues of the County of Clinch be and the same is hereby amended as follows by striking the following sentences: Be it further enacted, that said Commissioners may, in their discretion employ an attorney for said County of Clinch, but they shall not pay said attorney more than one hundred and fifty dollars ($150.00) per annum for services rendered. And inserting in lieu thereof; Be it further enacted that said Commissioners may, in their discretion, employ an attorney for said County of Clinch, but they shall

Page 790

not pay said attorney more than three hundred dollars ($300.00) per year as salary for services rendered. So, that section seventeen (17) on page 463 of the Acts of the Legislature of 1933 creating a Board of Commissioners of Roads and Revenues shall read as follows: Be it further enacted, that said Commissioners may, in their discretion, employ an attorney for the said County of Clinch, but they shall not pay said attorney more than three hundred dollars ($300.00) per year as a salary for services rendered. They are further authorized to employ special counsel in matters arising. Attorney's pay. Section 4. Be it further enacted by the authority of the aforesaid, that all previous laws and parts of laws in conflict with this amendment be and the same are hereby repealed. Approved January 13, 1938. COBB ZONING AND PLANNING POWERS. No. 108. An Act to amend the Act approved August 15, 1921 [Georgia Laws 1921, pages 427-437] and all Acts amendatory thereof, which creates the office of Commissioner of Roads and Revenues of Cobb County etc., by amending section 8 of said Act relating to the jurisdiction and powers of said Commissioner so as to authorize and empower said Commissioner to pass and enforce zoning and planning ordinances whereby the territory of the county not included in cities shall be zoned or districted for various uses, and other or different uses prohibited therein, and the use for which said zones or districts may be set apart and the property located therein used or improved; to provide the manner and method of the exercise of such authority; and for other purposes.

Page 791

Be it enacted by the General Assembly of the State of Georgia: Section 1. That section 8 of the Act approved August 15, 1921, as amended, creating the office of Commissioner of Roads and Revenues for the County of Cobb and defining the powers and jurisdiction of said Commissioner be and the same is hereby amended by adding at the end of said section 8 a subsection to be numbered 8[a] and to read as follows: Act of 1921 amended. 8[a] In addition to all other powers and authority exercised or to be exercised by the Commissioner of Roads and Revenues, said Commissioner is hereby authorized and empowered to make, promulgate and declare zoning ordinances providing for the zoning or districting of the territory of Cobb County [not included in the city limits of cities of the county] for various uses, prohibiting or regulating the use of property located in said zones or districts for purposes other than those prescribed by the Commissioner. Zoning districts. The power and authority herein conferred shall be exercised only upon the following conditions and in the following manner, to wit: [1] Before any territory in the county shall be zoned or districted for any purpose, and the use of said property is prescribed, and other uses of such property prohibited or regulated, it shall be necessary for the Commissioner to have a survey made by the county surveyor of the territory or district to be zoned, and the boundaries of such proposed zones or districts definitely determined and a map, diagram, or plat made thereof. The maps, diagrams, or plats made thereof, together with legends and descriptions of the property included therein, shall clearly describe the boundaries of the proposed zones or districts. Powers, how exercised. Surveys. Maps.

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It shall be the duty of the Commissioner to post a copy of said maps, diagrams, or plats upon the bulletin board at the courthouse, and in at least two public places in the proposed zone or district, at least 20 days before any ordinance with respect to the zoning or districting of territory in the county is to take effect. Public posting. [2] The Commissioner shall likewise post a copy of the proposed ordinance zoning or districting the territory in the county, which ordinance shall clearly describe the limits and boundaries of the territory to be included in the various zones or districts, and shall also clearly set out the uses for which the property is zoned or districted and the uses of property in such zones or districts which are prohibited or regulated. In the event the use of property for certain purposes in said zones or districts is restricted or regulated, said ordinance shall definitely set out and describe such restrictions, limitations or regulations, so that the public shall be fully advised in order to avoid any violation thereof. Ordinance. [3] If within ten days of the posting of copies of said maps, diagrams, or plats and ordinances as many as seventy-five [75%] per cent of the persons owning real property in the territory to be affected by said ordinances shall notify the Commissioner in writing that they are in favor of the proposed ordinance, the Commissioner shall publish said fact once a week for four weeks in the official organ of the county, and shall give notice therein that said ordinance shall become effective within 10 days of the date of said publication. Favorable notice. [4] A copy of each zoning ordinance or regulation passed, together with a copy of the plat, map or diagram of the area zoned shall be filed in the office of the Clerk of the Superior Court. Filing of copy. [5] No ordinance, zoning or districting territory of the county, shall be put into effect unless it has a tendency

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to promote either the public health or morals, or public safety or the public welfare. Welfare. [6] Any territory zoned or districted may be rezoned or redistricted, or the uses, or prohibitions or regulations of the uses, of such property, may be changed or modified by the Commissioner by following the same procedure as that outlined above in the case of zoning or districting. Change. The powers herein conferred shall include the power to restrict or regulate the height or bulk of buildings within certain designated districts, the structural or architectural design of such buildings, the use to be made of buildings or property, whether for residential or commercial purposes, the type of businesses, trades or professions to be conducted in certain zones or districts, and the right to prohibit the use of certain property for certain businesses, trades, professions or industries, etc. Buildings. Prohibition. Section 2. Provided that before any survey is made or ordinance is passed or any other act involving expenses on the part of the Commissioner is performed the petitioners for the proposed zoning or districting shall pay the required cost of all acts necessary to zone or district the area sought to be zoned or districted. Cost payable. Section 3. All laws or parts of laws in conflict with this Act are hereby repealed. Approved December 27, 1937. COLUMBIA SHERIFF'S BOND REDUCED. No. 77. An Act to reduce the bond of the sheriff of Columbia County from five thousand ($5,000.00) dollars to two thousand ($2,000.00) dollars; and for other purposes.

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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 Columbia County, Georgia, is hereby reduced from the sum of five thousand ($5,000.00) dollars to the sum of two thousand ($2,000.00) dollars. Amount reduced. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 29, 1937. COOK TAX-COMMISSIONER'S BOND PREMIUM. No. 344. An Act to amend an Act entitled An Act to abolish the offices of tax-receiver and tax-collector of Cook County, Georgia, to create the office of tax-commissioner of Cook County, Georgia; to fix the term and compensation of said officer; to provide that the laws of force as to tax-receiver and tax-collector, when the provisions of this Act become effective, shall be of full force and effect as to the tax-commissioner of Cook County, Georgia, so far as the same are applicable; to provide all taxes at the time the provisions of this Act become effective and all tax fi. fas. therefore issued shall have full force and effect and be collectible as issued; to provide that all fees and commissions and other compensation that would be paid to or collected by the tax-receiver and tax-collector, were it not for the provisions of this Act, shall be collected by the tax-commissioner herein provided for, and by him paid to the board of roads and revenues, or the bank designated as a depository for county funds; to provide for the election of said tax-commissioner and the method of filling vacancies; to

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provide for the giving of bonds by such officer; to provide for reports to the State; to provide for the putting into effect the Constitution of this State as contained in article 11, section 3, paragraph 1; and for other purposes, approved March 23, 1933, so as to require the tax-commissioner of Cook County, Georgia, to pay the premium or fee for his bond, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, that the Act creating the office of tax-commissioner of Cook County, Georgia, approved March 23, 1933, be amended by deleting from section 7 of said Act the following phrase: and the fee or cost for the suretyship on said bonds shall be paid out of the funds of government, or out of the remaining portion of commissions going into the county funds under the provisions of this Act heretofore accruing to and paid to the tax-receiver and tax-collector of said county, and substituting therefor the phrase: and the fee or cost for the suretyship on said bonds shall be paid by said tax-commissioner, so that said section 7 of said Act, as amended, shall read as follows: Section 7. Be it further enacted by the authority aforesaid, that before entering upon the duties of his office the said county tax-commissioner shall take the oath now prescribed by law for the tax-receiver and tax-collector, and give the same bonds as are now or may hereafter be required of the tax-collectors, which bonds shall be signed as surety by a bonding company legally authorized to do business in the State of Georgia, and the fee or cost for the suretyship on said bonds shall be paid by said tax-commissioner. Act of 1933 amended. Premium payment. Surety. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 12, 1938.

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DADE TAX-COMMISSIONER'S PAY. No. 150. An Act to amend an Act abolishing the offices of tax-collector and tax-receiver of Dade County, Georgia, and creating the office of tax-commissioner of said county, providing for the election of a tax-commissioner and his term of office, providing that he shall qualify and take office at the expiration of the present terms of the tax-collector and tax-receiver, fixing his salary, prescribing his duties, and for other purposes, (Georgia Laws 1935, p. 617), approved March 7, 1935, by changing the salary of said tax-commissioner from $1,200.00 to $1,500.00, payable $125.00 monthly; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That section 5 of that Act abolishing the office of tax-collector and tax-receiver of Dade County, Georgia, and creating the office of tax-commissioner of said county, providing for the election of a tax-commissioner and his term of office, providing that he shall qualify and take office at the expiration of the present terms of the tax-collector and tax-receiver, fixing his salary, prescribing his duties, and for other purposes, (Georgia Laws 1935, p. 617), approved March 7, 1935, be and the same is hereby amended by striking from the seventh line of said section the figures $1,200.00 and inserting in lieu thereof the figures $1,500.00, and by striking from the eighth line of said section the figures $100.00 and inserting in lieu thereof the figures $125.00, so that said section 5 as amended shall read as follows: Act of 1935 amended. Section 5. Be it further enacted by the authority aforesaid, that said Dade County tax-commissioner shall receive and be paid, as full compensation for any and all the duties performed by him as receiver and collector

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of county, school-district, and any and all other taxes except State, professional, poll, and special taxes, a fixed salary of $1,500.00 per annum, to be paid in monthly installments of $125.00 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-collectors on all State, professional, poll, and special taxes collected by him. Pay increase. Section 2. That all laws and parts of laws in conflict with this Act be and the same hereby repealed. Approved January 13, 1938. DECATUR COMMISSIONERS' DISTRICTS. No. 15. An Act to amend an Act providing for the creation of the Board of Commissioners of Roads and Revenue for the County of Decatur, in the State of Georgia, approved March 4, 1935, Georgia Laws 1935, pages 630 to 638, inclusive, same providing for the election, qualifications, and terms of office of the members thereof, and prescribing their powers, duties, qualifications, compensation, and for other purposes by making the Bainbridge Militia District Commissioners District Number 1 instead of the corporate limits of the City of Bainbridge Commissioners District Number 1. 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 Act approved March 4, 1935, Georgia Laws 1935, pages 630 to 638, inclusive, be, and the same is hereby amended by striking from said Act in lines 9 and 10 the words corporate limits of the City of

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Bainbridge of said county and inserting in lieu thereof in the Bainbridge Militia District, being District 513 G. M. of said county, so that said Act when amended as to Commissioners District Number 1 shall read as follows: Act of 1935 amended. One of said Commissioners shall be a resident of that part of Decatur County embracing the territory in the Bainbridge Militia District, being District 513 G. M. of said county, which district is hereby designated as `Commissioners District Number 1'. Districts defined and numbered. Section 2. That said Act be further amended by striking corporate limits of the City of Bainbridge, including all territory north and east of said boundary line lying east of the Flint River and outside of the corporate limits of the City of Bainbridge contained in lines 27, 28, 29, and 30 of said section 1, on page 631 of said Act, and insert in lieu thereof the following: To the Militia District line of the Bainbridge Militia District, 513 G. M. in Decatur County, including all territory north and east of said boundary line lying east of the Flint River and outside of the Militia District of Bainbridge, so that said Act then so amended will contain the following: One of said Commissioners shall be a resident of that part of Decatur County embracing all of that territory of said county now including the Belcher and Parker Militia Districts, and all of Climax District lying north of a continuation of the land line between land lots 96 and 105 in the 19th District of said county, beginning at the Grady County Line and running due west to the old Bainbridge and Tallahassee Public Road on the lot line between lot numbers 276 and 275 in the 20th District of Decatur County, Georgia, thence running north along the center of the Old Bainbridge and Tallahassee Public Road to the lines of the Bainbridge Militia District, including all territory north and east of said boundary line lying east

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of Flint River and outside of the Bainbridge Militia District, which district is to be designated as Commissioners District Number 3. Section 3. The purpose of this amendment is to change Commissioners District lines to the Bainbridge Militia District, 513 G. M. as contained in the Act approved August 16, 1920, pages 505 and 506, section 1, in which said district was comprised of the Bainbridge Militia District instead of the corporate limits of the City of Bainbridge, and said Act approved March 4, 1935, Georgia Laws 1935, pages 630 to 638, inclusive, is amended only to the extent of making the Bainbridge Militia District limits constitute Commissioners District Number 1 instead of the corporate limits of the City of Bainbridge. Change. Section 4. Be it further enacted by authority aforesaid that all laws and parts of laws in conflict with this Act shall be, and the same are hereby repealed. Approved December 14, 1937. DECATUR SHERIFF'S BOND REDUCED. No. 82. An Act (in compliance with and by authority of section 4906 of Park's 1910 Georgia Code) to reduce the bond required of the Sheriff of Decatur County, Georgia from ten thousand dollars ($10,000.00) to five thousand dollars ($5,000.00) by virtue of said leave contained in section 4906, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this act the bond of the Sheriff of Decatur County, Georgia, which is now fixed according to section 4906 of

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Park's 1910 Georgia Code at ten thousand dollars ($10,000.00), be, and the same after the passage of this Act, reduced from said ten thousand dollars ($10,000.00) to five thousand dollars ($5,000.00) so that after the passage of this Act the Sheriff of Decatur County, Georgia as Sheriff of Decatur County, Georgia shall not be required to give a larger bond, under said section 4906 of Park's 1910 Georgia Code, greater or larger than five thousand dollars ($5,000.00). Amount of bond reduced. Section 2. Be it further enacted of the authority aforesaid that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved December 29, 1937. DODGE OFFICER'S ELIGIBILITY. No. 84. An Act to amend that certain Act of the General Assembly of Georgia approved August 19, 1912, (Georgia Laws 1912, pp. 367-372), entitled An Act to create the office of Commissioner of Roads and Revenues in and for Dodge County, providing the methods of the election of such officer, prescribe his duties and powers, fix his salary and term of office; provide for the management of county affairs; and for other purposes, as amended by the Act approved August 20, 1925, (Georgia Laws 1925, pp.630-631) authorizing an increase in the amount to be paid for the clerical expenses of said officer, and as further amended by that certain Act approved August 5, 1929, (Georgia Laws 1929, p. 593) by adding to section 6 of said Act approved August 19, 1912, as amended by the Act approved August 20, 1925, and as further amended by said Act approved August 5, 1929, wherein the compensation of the Commissioner and his clerk are fixed and their duties in part prescribed,

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an additional sentence to provide that no person while holding any public office or appointment whatsoever, whether federal, state, county or municipal, shall be eligible to hold the office of clerk of the Commissioner of Roads and Revenues of said County of Dodge or to receive the emoluments annexed thereto and that the appointment or election of the person holding such office to any other office or appointment whatsoever and the acceptance thereof or any effort to hold the same shall operate to vacate the office of the clerk of the Commissioner of Roads and Revenues of said county; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same: Section 1. That section 6 of that certain Act of the General Assembly of Georgia approved August 19, 1912, (Georgia Laws 1912, p. 371) as amended by that certain Act approved August 20, 1925, (Georgia Laws 1925, pp. 630-631) as further amended by that certain Act approved August 5, 1929, (Georgia Laws 1929, p. 593), wherein the compensation and duties of the Commissioner of Roads and Revenues of the County of Dodge are prescribed and the duties and compensation of the clerk of the Commissioner of Roads and Revenues of said county are prescribed, be amended by adding thereto and immediately following the last word of section 6 of said Act of 1912 as amended by said Act of 1925 and as further amended by said Act of 1929, the following sentence, to wit: No person, while holding any other public office or appointment whatsoever, whether federal, state,county or municipal, shall be eligible to hold the office of clerk of the Commissioner of Roads and Revenues of said County of Dodge or to receive the emoluments annexed thereto, and the appointment or election of the person holding the

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office of clerk of said Commissioner of Roads and Revenues to any other office or appointment whatsoever, whether federal, state, county or municipal, and the acceptance thereof or an effort to hold any other office, federal, state, county or municipal, while holding the office of clerk of said Commissioner, shall operate to vacate the office of clerk of the Commissioner of Roads and Revenues as created and provided for under the terms of this Act, so that said section 6 of said Act of 1912 as amended by said Act approved August 20, 1925, as further amended by said Act approved August 5, 1929, when and as amended by this Act shall be and read as follows: Acts of 1912, 1925, and 1929 amended. Section 6. Be it further enacted by the authority aforesaid, that said Commissioner shall receive for his compensation, to be paid out of the county treasury, a salary of $3,000.00 per annum for his services, to be paid monthly at the end of each month's service, which salary shall cover all expenses of said office except office expenses, such as stationery, books, and office supplies, clerk hire, and other expenses incurred while transacting business of county. He is authorized to employ a clerk and such other clerical help as he may deem necessary, to keep his minutes and books, and to perform such other duties as he may require, provided that the total amount paid for the services of said clerk and such other clerical help as may be employed shall not exceed the sum of $100.00 per month. He is authorized to employ such labor as he deems wise and expedient, as may be necessary for the best interests of the county, for the purpose of maintaining and working the roads and public property of said county and shall fix the compensation of such persons at such reasonable sum as he may think proper, except as otherwise prescribed by law. No person, while holding any other public office or appointment whatsoever, whether federal, state, county or municipal, shall be eligible to hold the office of clerk of the Commissioner

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of Roads and Revenues of said County of Dodge or to receive the emoluments annexed thereto, and the appointment or election of the person holding the office of clerk of said Commissioner of Roads and Revenues to any other office or appointment whatsoever, whether federal, state, county or municipal, and the acceptance thereof, or an effort to hold any other office, federal, state, county or municipal, while holding the office of clerk of said Commissioner, shall operate to vacate the office of clerk of the Commissioner of Roads and Revenues as created and provided for under the terms of this Act. Salary of commissioner. Pay for clerical help. Eligibility of clerk. 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 December 29, 1937. DOUGLAS BOARD OF COMMISSIONERS CREATED. No. 53. An Act to create a Board of Commissioners of Roads and Revenues for the County of Douglas; to provide for division of the county into Road Districts; to provide for election of members of said board; to fix qualifications of members of said board; to define the powers and duties of said Board; to designate members of said board to serve until election in the manner provided herein; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that a Board of Commissioners of Roads and Revenues for the County of Douglas is hereby created; that said board shall consist of nine (9) members, one member from each road district, as herein defined, and one member from the county at large. Board of nine.

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Section 2. Be it further enacted, that for the purpose of this Act the County of Douglas is divided into eight (8) Road Districts, each Militia District, as now constituted and defined, to be a road district, and to be designated by number as follows: 730th. District (Douglasville), No. 1; Districts defined. 736th. District (Chapel Hill), No. 2; 784th. District (Chestnut Log), No. 3; 1259th. District (Winston-or Connors), No. 4; 1260th. District (Fair-Play), No. 5; 1271st. District (Middle), No. 6; 1272nd. District (Crombie's), No. 7; and 1273rd. District (Lithia Springs), No. 8. Section 3. Be it further enacted, that the eligibility of members of said board, hereby created, shall be as follows: Residence in the county, for a period of five (5) years; qualified to vote for members of the General Assembly of Georgia; a free-holder; and as to members from respective road districts, residence in the district from which elected for a period of at least two years prior to beginning of term of office. Eligibility. Section 4. Be it further enacted, that the members of said board of Commissioners of Roads and Revenues hereby created, shall be elected by qualified voters of entire county at the general election, held bi-ennially in said county, at which members of the General Assembly are elected. Election of board members. The first election under this Act to be held in 1938, at which time members from districts numbers two (2), three (3), four (4), six (6) and eight (8) will be elected, to serve for a term of four (4) years and until their successors are elected and qualified. At the general election to be held in 1940, members from districts numbers one (1), five (5) and seven (7), together with the member from county at large, shall be elected for a term of four

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(4) years and until successor is elected and qualified. The term of office to begin on January 1, after election in the general election aforesaid. It is the object and intention of this Act to make the term of office for members four (4) years, and provide for the election of part of members each two years, as herein stipulated. Election and terms of office. Section 5. Be it further enacted, that the following named persons are hereby designated and appointed as members of said Board of Commissioners of Roads and Revenues hereby created, to serve until their successors are elected and qualified, as herein provided, viz: To be member from county at large, R. H. Hutcheson to serve from January 1, 1938 to December 31, 1940; Board members named. To be member from first (1) district, L. S. Smith, to serve from January 1, 1938 to December 31, 1940; To be member from fifth (5) district, L. N. Price, to serve from January 1, 1938 to December 31, 1940; To be member from seventh (7) district, M. D. Capps, to serve from January 1, 1938 to December 31, 1940; To be member from second (2) district, W. P. Webb, to serve from January 1, 1938 to December 31, 1938; To be member from third (3) district, Samuel Teal, to serve from January 1, 1938 to December 31, 1938; To be member from fourth (4) district, W. R. Thomas to serve from January 1, 1938 to December 31, 1938; To be member from sixth (6) district, Grady Hunter, to serve from January 1, 1938 to December 31, 1938; and To be member from eighth (8) district, Nesbit Harper, to serve from January 1, 1938 to December 31, 1938. Section 6. Be it further enacted, that should either of the members of said Board of Commissioners of Roads and Revenues named herein fail or refuse to qualify, or

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should a vacancy occur upon said board by resignation, removel, death or otherwise, such vacancy shall be filled by remaining members of said board; provided no person shall be selected that would not be qualified to serve as a juror in a cause in which said board are parties and the party so elected shall serve the unexpired term of the person whose place becomes, or is, vacant. Vacancies. Section 7. Be it further enacted, that said Board of Commissioners of Roads and Revenues shall meet monthly, on the first Tuesday in each month, at the Court House; and that said board shall elect one of their number chairman, who shall in addition to performing the duties usually performed by chairman or presiding officer, be the financial officer of said board, and shall receive all funds payable to said board or for the benefit thereof, and before entering upon his duties shall give bond in the sum of $2,000.00, payable to the Ordinary of said County of Douglas, conditioned for the faithful performance of his duties and a just and true accounting for all funds received. Surety on said bond shall be a surety company authorized to do business in the State of Georgia, and the premium for said bond shall be paid by Douglas County. No other member of said board shall receive or be custodian for any funds belonging to County of Douglas, unless expressly authorized by proper action of said Board of Commissioners of Roads and Revenues, in which event, the amount of bond shall be fixed at the time said member or members authorized to receive funds and become custodian thereof. Meetings. Duties. Bond. Premium. Funds. Section 8. Be it further enacted, that said Board of Commissioners of Roads and Revenues shall elect a clerk whose duties it shall be to attend all meetings of said board and to keep a correct record of the same; to prepare all warrants for the payment of funds, and keep a record thereof, and to perform such other duties as may from time to time be fixed by said board. The compensation

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of said clerk shall be the same per diem as fixed for the Commissioners, provided, however, that clerk may be paid a per diem for work performed upon days other than when board is in session. The aggregate amount to be paid said clerk in any one year shall not exceed $200.00. The board in its discretion may select the Ordinary of Douglas County as such clerk. Clerk of board. Pay of clerk. Section 9. Be it further enacted, that said Board of Commissioners of Roads and Revenues shall be empowered to employ counsel, and to fix compensation therefor, for the purpose of advising said board and for representing the County of Douglas in all litigation to which the said county may be a party, plaintiff or defendant. Counsel. Section 10. Be it further enacted, that said Board of Commissioners of Roads and Revenues shall be empowered to secure medical services for inmates of jail and/or prison of said county, or for such other persons entitled to have medical aid furnished at the expense of the county, and to fix compensation therefor. Medical service. Section 11. Be it further enacted, that no member of said board shall hold any subordinate position of said board; that no member of any firm of which said Commissioner is a member or any corporation in which he is a stockholder, or by which he may be employed, shall buy from, or sell to, said board or to Douglas County, any article of merchandise or supplies, except upon a competitive bid, after due advertising as herein provided; and a violation of this provision shall constitute a misdemeanor, and upon the conviction thereof in a court of competent jurisdiction the offender or offenders shall be punished accordingly. Member's disqualification. Penalty. Section 12. Be it further enacted, that the compensation of the individual members of said Board of Commissioners of Roads and Revenues aforesaid, shall be fixed annually by the board at the first meeting in January, provided,

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however, that the per diem shall not be fixed in an amount in excess of $5.00 per day, and provided further that no member shall be entitled to draw in excess of $100.00 during any one year for services rendered and expenses incurred as such commissioner. Pay of board members. Section 13. Be it further enacted, that the said commissioners shall not expend any money for any purpose without express law and authority for the same; and a violation of this provision shall constitute a misdemeanor, and upon conviction thereof in a court of competent jurisdiction the offender or offenders shall be punished accordingly. Expenditures. Section 14. Be it further enacted, that said Commissioners shall not pay out any money for any purpose, except upon an itemized, verified or sworn account, submitted and examined at a regular meeting of said board, or at a special meeting held for said purpose of which all members shall have due notice in writing by the clerk of said board, which notice shall state purpose of meeting and shall be recorded with the minutes thereof. All accounts to be paid shall be filed alphabetically, and so indexed that any citizen or other person at interest, may readily find same. All vouchers for the payment of funds or warrants drawn upon funds in hands of treasurer of said county, shall be signed by the chairman of said board, and countersigned by the clerk thereof. Accounts, payment of. Section 15. Be it further enacted, that said Board of Commissioners of Roads and Revenues shall be the purchasing agent for said County of Douglas, which shall include all supplies and/or fixtures of every kind that are to be paid for with county funds. No purchase or purchases shall be made by said board, except at a regular meeting of the board at which a majority of members are present, and upon approval by a majority of those present. All purchases in excess of $100.00 shall be made only after competitive bids have been received after at

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least 10 days notice given to general public and to dealers in the article to be purchased located in the territory from which Douglas County could be reasonably supplied. Provided, however, that said board may permit officers of Douglas County to purchase supplies for their respective office, in amounts not to exceed $25.00 for any one month. Requisitions for supplies must be submitted to said board in writing, which requisitions shall be considered only at a regular meeting of the board. Posting of notice upon Bulletin Board at Court House shall be deemed sufficient notice to general public, and the mailing of notice to two or more dealers in the article to be purchased, shall be deemed and held sufficient notice to dealers. All such notice shall specify article to be purchased, the amount desired, date of delivery, and the time and place bids will be received and awards made. Provided, however, that in event of an emergency chairman, by and with consent of any one member, may make purchase to supply emergency. A violation of any of the provisions of this section shall be a misdemeanor; and upon conviction thereof, in a court of competent jurisdiction, the offender or offenders shall be punished accordingly. Purchases for the county. Bids. Supplies. Notice. Emergency. Penalty. Section 16. Be it further enacted, that said Board of Commissioners of Roads and Revenues, shall have exclusive jurisdiction and control over the following matters, to wit: In directing and controlling all the property of the county according to law; in levying taxes according to law; in supervising tax commissioner's books and allowing insolvent lists of said county, and they shall have the right to inspect, or have inspected any office and records of any county officer at any time, having authority to employ a competent person or firm to do said work and to fix reasonable compensation therefor; 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

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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; in electing and appointing all officers of said county where election is not otherwise provided by law, such as superintendents, care-takers of Court House and other public buildings and grounds, superintendent of pauper farm, county physicians and health officer, and other employees as needed and authorized by law; in regulating peddling, and to have and exercise all the powers heretofore vested in the ordinary of said county when sitting for county purposes; and to exercise such other powers as are granted by law, or are indispensable to the jurisdiction of said board over all county matters and finances. Jurisdiction and powers of board. Section 17. Be it further enacted, that at each regular meeting of the board, the clerk shall submit, in writing, a report of all amounts expended by the various officers and/or departments of said Douglas County, during the preceding month, which report shall show the name or designation of office and/or department, and the amount expended and for what purpose. Said clerk is authorized and directed to secure such information from all officers and/or departmental heads; and the failure of any such officer and/or departmental head to furnish such information, upon demand, shall be deemed and held to constitute a misdemeanor and upon conviction thereof, in a court of competent jurisdiction, the offender of offenders shall be punished accordingly. Reports of expenditures, etc. Section 18. Be it further enacted, that within two days from date of holding any regular meeting of said board, the clerk thereof, shall publish, by posting upon the bulletin board at Court House, the names of all persons, firms or corporations to whom any order, voucher or warrant for payment of money was drawn or issued at such meeting, together with the amount thereof. Within

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ten days after the holding of the regular April, July, October and January meetings of said board, a financial statement showing the condition of the County of Douglas for previous three-month period shall be published in one issue of newspaper in which sheriff's advertisements for said county are published, provided that the cost thereof shall not exceed the legal rate for sheriff's advertisements, and in event publication cannot be secured for said rate, then posting upon bulletin board at Court House shall be deemed and held sufficient publication. Each member of said board shall be responsible for the publication of such statement. Such statement shall show the amount of revenues received, the source from which received, the amount paid out and a condensed statement of the different purposes for which same paid. A violation of the provisions of this section shall be deemed and held to be a misdemeanor, and upon conviction thereof, in a court of competent jurisdiction, the offender or offenders shall be punished accordingly. The reports above required are in addition to regular reports required by law to be submitted to grand jury of said County of Douglas. Vouchers. Publication. Financial statements. Penalty. Section 19. Be it further enacted, that at the regular meetings of the said Board of Commissioners of Roads and Revenues, the said board shall be clothed with all the powers of a court, subject to the same rules that govern, define, limit and control, a court of ordinary when sitting for county purposes. Court powers. Section 20. 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

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of this Act shall be enforced without regard to the provisions, clause or part so held to be invalid or unconstitutional. Invalid parts. Section 21. Be it further enacted, that the enumeration of powers and duties herein shall not be considered as restrictive; and the said Board of Commissioners of Roads and Revenues, created by this Act, shall have and exercise all the powers and functions provided by law for courts of ordinary, when sitting for county purposes, and shall be subject to all restrictions and limitations imposed by law. The said board shall have the right to establish such rules of procedure, not inconsistent with the provisions of this Act or of the general laws of Georgia, as it may deem proper; and where under terms of this Act rights are conferred or powers granted, but the manner of exercising them is not fully defined, the said board may prescribe additional regulations and modes of procedure, not repugnant to the interest and purposes of this Act or the laws of this State. Limitations and restrictions. Section 22. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved December 22, 1937. DOUGLAS COMMISSIONERSACT REPEALED. No. 52. An Act to repeal an Act, creating a Board of County Commissioners for the County of Douglas, approved, December 20, 1900, as amended by an Act, approved July 30, 1903, and all Acts amendatory thereof. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that effective as of the date herein fixed, and Act

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of the General Assembly of Georgia, creating a Board of County Commissioners for the County of Douglas, approved December 20, 1900, as amended by an Act, approved July 30, 1903, and all Acts amendatory thereof be, and the same are hereby repealed. Acts of 1900 and 1903 repealed. Section 2. Be it further enacted by the authority aforesaid, that the provisions of this Act shall become effective as of December 31, 1937. Section 3. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 22, 1937. DOUGLAS SHERIFF'S BOND REDUCED. No. 21. An Act to reduce the official bond of the Sheriff of Douglas 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 Douglas 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 December 14, 1937. DOUGLAS TAX-COMMISSIONER'S PAY. No. 106. An Act to amend an Act approved March 28, 1935 creating the office of Tax Commissioner of Douglas County, Georgia, defining the duties of said officer, fixing the

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the compensation to be paid, the manner of payment, and for other purposes, so as to fix an annual salary to be paid said Tax Commissioner, in lieu of fees provided in Act aforesaid, and to provide for monthly payment of said salary, and for payment of fees accruing for taxes due during 1937, 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 of the General Assembly of Georgia, approved March 28, 1935, as contained in Georgia Laws, 1935 at pages 641-644, creating the office of Tax Commissioner for Douglas County, Georgia be amended by striking the whole of section four (4) of said Act, and substituting in lieu of said stricken and/or repealed section the following: Act of 1935 amended. Section 4. Be it further enacted by the authority aforesaid that the compensation of the Tax-Commissioner of Douglas County, Georgia, shall be fixed at an annual salary of eighteen hundred ($1800.00) dollars per annum, to be paid monthly from the general funds of said county. Said annual salary aforesaid shall be in full payment for all services rendered by said Tax Commissioner for Douglas County, Georgia, and from said sum the said Tax Commissioner shall pay all clerical hire and expenses of the office, except office equipment, stationery and printing; provided that all fees collected by the said Tax Commissioner shall be paid into the general treasury of the county. Salary of tax-commissioner. (a) This amendment shall become effective as of January 1, 1938. (b) The said Tax Commissioner of Douglas County, Georgia, shall be entitled to receive all fees and commissions accrued for taxes due to be paid during 1937, whether the same be paid during the year 1937 or subsequently, and the Board of Commissioners of Roads and Revenues of Douglas County, Georgia, shall at their

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regular meeting in each month issue warrant upon the general fund of said county, in payment of such sums as may be due said Tax Commissioner on account of taxes becoming due in the year 1937. Fees. 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 December 27, 1937. ECHOLS SHERIFF'S BOND REDUCED. No. 172. An Act to reduce the bond of the Sheriff of Echols County, Georgia, from ten thousand ($10,000) dollars to five thousand ($5,000) 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 Echols County, Georgia, be and the same is hereby reduced from the sum of ten thousand ($10,000) dollars to the sum of five thousand ($5,000) dollars. Amount reduced. Section 2. All laws and parts of laws in conflict with this act are hereby repealed. Approved January 17, 1938. EFFINGHAM SHERIFF'S BOND REDUCED. No. 3. An Act to reduce the official bond of the Sheriff of Effingham County, Georgia, from $10,000.00 to $3,000.00, 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 aforesaid, that from and after the passage of this Act, the bond of the Sheriff of Effingham County, Georgia, shall be the sum of $3,000.00. Amount reduced. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith are hereby repealed. Approved December 3, 1937. ELBERT TREASURER'S SALARY INCREASED. No. 327. An Act to increase the compensation of the Treasurer of Elbert County, Georgia; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The salary of the Treasurer of Elbert County, Georgia, is hereby increased from one hundred ($100.00) dollars per year to two hundred and forty ($240.00) dollars per year. Increase of salary. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 7, 1938. EMANUEL SHERIFF'S BOND REDUCED. No. 241. An Act to reduce the bond of the Sheriff of Emanuel County, Georgia, from the amount of $10,000.00 to $3500.00; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of

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the same, that the Sheriff of Emanuel County, Georgia, shall be required to give bond in the sum of $3500.00, 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 $3500.00. Amount reduced. Section 2. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that this law is to become effective immediately upon its passage and approval of the Governor of Georgia. 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 January 25, 1938. FISHING IN HABERSHAM, RABUN AND STEPHENS COUNTIES. No. 139. An Act to amend section 3 of an Act approved March 24, 1933 (Acts 1933, pages 150-152 relating to fishing in certain counties) to provide that fishing in the ponds and lakes of Rabun, Habersham and Stephens Counties may be permitted from April 15th to May 31st inclusive in any year the Director of Wild Life may by regulation prescribe; to provide for the repeal of any laws or 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. That section 3 of an Act of the General Assembly of Georgia approved March 24, 1933 (Acts 1933, pages 150-152, relating to fishing in certain counties) be, and the same is, hereby amended by striking the period following the word inclusive being the last

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word in said section 3 of said Act, and adding thereto following the word inclusive the following words and figures to wit: Provided, however, that fishing may be permitted in the ponds and lakes of Rabun, Habersham and Stephens Counties from April 15th to May 31st, inclusive, in any year, the Director of Wild Life of the State of Georgia, may by regulation prescribe so that when so amended the said section 3 of said Act shall read as follows: Act of 1933 amended. Section 3. Be it further enacted, that this inhibition shall not apply to the creeks and rivers and other running streams of the following eighteen (18) mountain counties: Catoosa, Chattooga, Dade, Dawson, Fannin, Gilmer, Gordon, Habersham, Lumpkin, Murray, Pickens, Rabun, Stephens, Towns, Union, Walker, White, and Whitfield; but that fishing in any of the creeks, rivers and other running streams of the said eighteen (18) mountain counties shall be prohibited from November 15th to March 31st, being the usual spawning period for mountain trout, and fishing in the ponds and lakes of said eighteen (18) mountain counties shall be prohibited from April 15th to May 31st, provided, however, that fishing may be permitted in the ponds and lakes of Rabun, Habersham and Stephens Counties from April 15th to May 31st, inclusive, in any year, the Director of Wild Life of the State of Georgia, may by regulation prescribe. Non-application in stated counties. Section 2. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved January 13, 1938. FRANKLIN SHERIFF'S BOND REDUCED. No. 173. An Act to change the amount of the bond of the sheriff of Franklin County, Georgia, from five thousand ($5,000.00) dollars to two thousand ($2,000.00) dollars,

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and to provide when said bond shall become effective, how bond fees are to be paid; 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 Franklin County to enable him to qualify shall be the sum of two thousand ($2,000.00) dollars, instead of five thousand ($5,000.00) dollars. Amount reduced. Section 2. Be it further enacted by the authority aforesaid, that the County of Franklin pay the premium on said bond of the sheriff. 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. 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 January 17, 1938. FULTON COUNTY ZONING AND BUILDING. No. 97. An Act to authorize the Board of Commissioners of Roads and Revenues of Fulton County to create and establish restricted zones or districts; to define the boundaries and limits of such zones or districts; to prohibit the erection of different kinds of buildings or structures therein and the use or maintenance thereof: to provide that the erection or maintenance or use of

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any building within a restricted zone or district in violation of the provisions of this Act shall constitute a nuisance and to provide for the abatement thereof; to adopt rules and regulations for the enforcement of this Act; to provide a penalty for the violation thereof; 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 Board of Commissioners of Roads and Revenues of Fulton County shall have the right to create and establish restricted zones or districts throughout the territorial limits of Fulton County; to define the boundaries and limits of said districts; to define the character and kind of buildings or structures that may be erected in such areas or districts; to prohibit the erection of different buildings or structures therein; to prohibit the use or maintenance of any buildings in such areas or districts except for the purposes specified, and to adopt rules and regulations for the enforcement of this Act; provided, however, that said restricted areas or districts must be outside the limits of incorporated towns and municipalities in said county. Restricted districts. Buildings. Regulations. Section 2. Said Board of Commissioners may establish such areas or districts over the entire county lying outside the limits of incorporated towns and municipalities or it may establish such areas or districts in any part of said county outside such towns and municipalities. It may proceed on its own motion or on the portion of any person or persons interested in having any such area or districts established. Areas out of city limits. Section 3. Be it further enacted that before any such area or district is established or altered by said Board of Commissioners, notice of the proposed action of the board shall be given by publication once a week for three weeks in the newspaper wherein the sheriff's advertisements

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in said county are published and also by posting a notice in three or more conspicuous places within the area to be included in such zoned or restricted area. Said notices shall contain information as to the street or streets to be included in the district, and general information as to the nature of the restrictions sought to be imposed, and shall specifiy the time and place of the meeting of the Board of Commissioners at which such proposed action will be considered. At such meeting of the Board of Commissioners of Roads and Revenues, or any subsequent meeting to which the matter may be deferred, opportunity for hearing shall be afforded to any one who has an interest or right in the realty to be affected by the proposed zoning regulation. Notice by publication. Information. Time and place of meeting. Section 4. Be it further enacted that in the case of buildings already erected in any proposed restricted area being used or designed for a purpose contrary to that which it is proposed to provide in such restricted area, the Commissioners may limit the further extension, maintenance or use of any such building beyond that existing at the time the proposed restriction is to take effect. Existing buildings. Limitation. Section 5. Be it further enacted that any building or structure erected, occupied, used or maintained in violation of the provisions of this Act or in violation of the orders of said Board of Commissioners in pursuance of this Act, is hereby declared to be a nuisance, and it is hereby made the duty of the solicitor general of the circuit in which Fulton County is located to prosecute all persons violating the provisions of this Act. This remedy is cumulative of other remedies provided by law for the abatement of nuisances. Said solicitor may proceed by prosecution of the guilty persons or by action to abate a nuisance or by injunction or otherwise, as he may see fit. This section shall not derogate from the right of any interested person to proceed otherwise. Nuisance by violation. Prosecution. Injunction.

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Section 6. Be it further enacted that any person, firm or corporation violating any of the provisions of this Act or any restrictions imposed by authority of this Act, shall be guilty of a misdemeanor and, upon conviction, shall be subject to fine or imprisonment or both, as provided by law. Penalty. Section 7. Be it further enacted that the Board of Commissioners of Roads and Revenues of Fulton County shall have the right and they are directed to make and establish rules and regulations to carry into effect this Act and to enforce same, and they are authorized and directed to make additional rules and to modify those existing from time to time as they may see fit in order better to carry out the purposes of this Act. Rules and regulations. Section 8. Be it further enacted that this Act shall not repeal any law now of force restricting the construction and defining the conditions under which cemeteries, hospitals and other similar institutions may be constructed and maintained within Fulton County, Georgia. Laws not repealed. Section 9. Be it further enacted that said Board of Commissioners may from time to time alter or change the boundaries of any restricted area or district authorized by this Act, or the restriction upon the whole or any part of the property included within any restricted area therefore established by authority of said board, provided the same notice and opportunity to be heard is given as provided by section 3 of this Act for the establishment of a restricted area or district. Changes. Hearing. Section 10. Be it further enacted that if any part, parts or section of this Act should for any reason be declared unconstitutional, such decision shall not affect the validity of any remaining portion of this Act, which remaining portion shall remain of force as if such Act had been passed with the unconstitutional portion thereof eliminated, and it is hereby declared the intention of

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the General Assembly that it would have adopted the remaining portion of this Act without including therein any such part, parts or section which may for any reason be hereafter declared unconstitutional. Invalid parts. Section 11. This Act shall take effect upon its approval. Section 12. Be it further enacted that all laws and parts of laws in conflict with this Act are hereby repealed. Approved December 22, 1937. GLYNN ZONING REGULATIONS. No. 5. An Act granting to the Commissioners of Roads and Revenue of Glynn County, in the State of Georgia, authority to regulate in said county, outside the limits of any city or town which now has authority to adopt and enforce zoning ordinances therein, the height, size and use of buildings and other structures; the size of yards, courts and other open spaces; the density of population; and the regulation, location and use of buildings, open spaces, streets and structures respectively for trade, industry, residence, recreation and other purposes; to provide for the establishment of districts or zones within those portions of the county which lie outside of such municipal corporations; the creating of a board or commission, and granting powers to the same to carry into effect such regulations and provisions; to provide for the punishment of violations of such regulations and provisions; and for other purposes. Section 1. Grant of power. 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 Revenue of Glynn County, in addition

Page 824

to all other powers delegated to them, are hereby empowered to regulate the height, number of stories, and size of buildings and other structures, the percentage of lots which may be occupied, the size of yards, courts and other open spaces, the density of population, the location and use of buildings and other structures, for trade, industry, residence, recreation, public activities or other purposes, the use and conditions of use or occupancy of land for trade, industry, residence, recreation, agriculture, grazing, water supply conservation, soil conservation, forestry or other purposes; and to establish setback lines for buildings and structures along the streets and roads. Powers conferred. Building regulations. Section 2. Purposes in view. Be it further enacted by the authority aforesaid, that such regulations shall be made in accordance with a comprehensive plan and design for the purpose of promoting health, safety, morals or the general welfare of the people of the county, including among other things lessening congestion in the streets and roads, protecting the development of both urban and non-urban areas, securing safety from fires, panic and other dangers; providing adequate light and area; promoting health and general welfare and providing such distribution of population and such classification of land uses and distribution of land development and utilization as will tend to facilitate economical and adequate provision for transportation, roads, soil conservation, water supply, drainage, sanitation, education, recreation or other public requirements, conserving and developing the natural resources, fostering the State's agriculture and other industries, and protecting the food supply. Such regulations shall be made with reasonable consideration, among other things, to the character of the district and its peculiar suitability for particular uses, and with a general view to conserving property values, including the tax base, securing economy in governmental expenditure and encouraging the most appropriate use of land in the county. Plans and purposes.

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Section 3. The planning board. Be it further enacted by the authority aforesaid, that in order to avail themselves of the powers conferred by this Act, the Commissioners of Roads and Revenue of Glynn County, are hereby given the power and authority to appoint a board of five members to be known as the County Planning Board. Board to be appointed. In addition to the chairman and clerk of the Commissioners of Roads and Revenue of said county who shall be ex-officio members of said Planning Board, there shall be three members. The original appointment shall be one member for one year, one member for two years and one member for three years, all to serve until their successors are appointed and qualified. As each member's term expires his successor shall be appointed for the full term of three years. Members of board. An individual, whether in private or ex-officio capacity, may be appointed to serve on such board and the majority of the members thereof shall be individuals who do not hold elective public office. Eligible members. If the said Commissioners of Roads and Revenue so desire instead of appointing a Planning Board for the County of Glynn they may in conjunction with the governing authorities of another county or counties, form a Regional Planning Board and thereupon may delegate to such Regional Planning Board all of the powers and duties which under the terms of this Act are conferred upon the County Planning Board. Regional board. The Commissioners of Roads and Revenue shall provide for the filling of vacancies in the membership of such board. The Commissioners may remove any member for cause, on written charges after a public hearing. Vacancies. Section 4. Personnel: Assistance from State agencies. Be it further enacted by the authority aforesaid, that, the county Planning Board may, with the consent and

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approval of said Commissioners employ the services of a competent engineer or expert in county planning and zoning and such other employees as are necessary, but the compensation of said employees shall be fixed by said Commissioners of Roads and Revenue and no expense shall be created or obligations incurred by said County Planning Board without the consent and approval of said Commissioners. Engineers and experts. Pay. All State officials, departments and agencies having information maps and data pertinent for county zoning and planning are hereby authorized and directed to make such available for the use of the Planning Board as well as furnish such technical assistance and advice as they may have available for the purpose. Maps. Section 5. Preparation of zoning plan. Be it further enacted by the authority aforesaid, that the County Planning Board shall make for certification to the Commissioners of Roads and Revenue, a zoning plan or plans, including both the full text of the zoning ordinance or ordinances and the maps representing the recommendations of the board for the regulation by districts or zones of the location, height, bulk and size of buildings and other structures, percentage of lot which may be occupied, the size of lots, courts and other open spaces, the density and distribution of population, the location and use of buildings and structures for trade, industry, residence, recreation, public activities or other purposes, and the use of land for trade, industry, recreation, agriculture, forestry, soil conservation, water supply conservation or other purposes. Plans. Buildings, etc. When the efforts of such board shall have reached the stage of a tenative plan, the board shall hold at least one public hearing on each tenative plan to be separately submitted, notice of which hearing shall be given by publishing notice thereof in the official gazette of the county at least fifteen days before the date of the hearing. The

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notice shall contain the time and place of hearing, and shall specify the place and times at which the tenative text and maps of the zoning ordinance may be examined. For the purpose of its public hearing or hearings, the board shall have the power to summon witnesses, administer oaths and compel the giving of testimony. In the event that after such public hearing or hearings, the Planning Board, in the light of developments at such hearing or hearings, makes changes in its tentative plan, no further hearings shall be required. Hearings. Notice. Evidence. Section 6. Zoning ordinance. Be it further enacted by the authority aforesaid, that from and after the time when the Planning Board, in accordance with the procedure under section 5 makes, adopts and certifies to the Commissioners of Roads and Revenue each zoning plan, including both the full text of a zoning ordinance and the maps then the Commissioners of Roads and Revenue may, by ordinance, divide the territory of the county, which lies outside of municipalities which now have authority to adopt and enforce zoning ordinances, into districts or zones of such number, shape or area as it may determine and within such districts, or any of them, may regulate the location, erection, construction, reconstruction, alteration and uses of buildings and structures and uses of land, and may require and provide for the issuance of building permits as a condition precedent to the right to erect, construct, reconstruct or alter any building or structure within any district covered by such zoning ordinance. All such regulations shall be uniform for each class or kind of buildings throughout any district, but the regulations in one district may differ from those in other districts. Ordinance. Regulations. The Commissioners of Roads and Revenue shall within fifteen days after the adoption of any regulation or map cause publication to be made thereof in the official gazette of the county, provided that instead of publication of

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maps reference may be made to the office where they are officially filed and may be examined. Publication. Section 7. Method of procedure. Be it further enacted by the authority aforesaid, that after receiving the certification of zone plan from the Planning Board and before the enactment of any zoning ordinance, the Commissioners of Roads and Revenue shall hold a public hearing thereon, of the time and place of which at least thirty days notice shall be given in the official gazette of the county. Such notice shall state the place at which the text and maps as certified by the Planning Board may be examined. No change in or departure from the text or maps, as certified by the Planning Board, shall be made unless such change or departure shall first be submitted to the Planning Board for its approval or disapproval or suggestions. The Planning Board shall have thirty days from and after such submission within which to send its report to the Commissioners of Roads and Revenue; provided, however, that no approval, disapproval or suggestion of the Planning Board shall have more than advisory effect or shall in any wise bind the Commissioners of Roads and Revenue. Hearing. Notice. Changes. Reports. Section 8. Amendments. Be it further enacted by the authority aforesaid, that the Commissioners of Roads and Revenue may, from time to time, amend the number, shape, boundary or area of any district or districts, or any regulation of, or within such district or districts, or any other provisions of any zoning ordinance, but no such amendment shall be made or become effective until the same shall have been proposed by or be first submitted for approval, disapproval or suggestions to the Planning Board. Any proposal, approval, disapproval or suggestions of the Planning Board shall have advisory effect only and not be binding on the Commissioners of Roads and Revenue, and, unless such Planning Board shall have transmitted its report upon the proposed amendment

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within thirty days after the submission thereof to it, the Commissioners of Roads and Revenue shall be free to proceed to the adoption of the amendment without further awaiting the receipt of the report of the Planning Board. Before finally adopting any such amendment, the Commissioners of Roads and Revenue shall hold a public hearing thereon, at least thirty days notice of the time and place of which shall be given by at least one publication in the official gazette of the county. Amendment of areas, etc. Public hearing. Section 9. Cooperation between counties. Be it further enacted by the authority aforesaid, that the said Planning Board shall have the authority to cooperate with the Planning and Zoning Boards of other counties, cities, villages or other municipalities, either within or without such county, and with municipal and State authorities, with a view to coordinating and integrating the planning and zoning program and to appoint such committees and adopt such rules as may be thought proper to effect such cooperation. County co-operation. Section 10. Planning. Be it further enacted by the authority aforesaid, that, the said Planning Board shall study the resources, possibilities and needs of the county and shall prepare plans and maps for the systematic future developments of the said county and, from time to time, in the manner hereinbefore provided, make such recommendations to the Commissioners of Roads and Revenue as may be deemed advisable. Study and recommendations. Section 11. Subdivisions. Be it further enacted by the authority aforesaid, that, before any street or road is opened or any existing street or road is extended or before any new subdivision for residence, business or industrial use is made, the person or persons, proposing to open such streets or roads or such new subdivisions, shall submit a detailed plan of the same, with blue prints and other necessary data, to the Planning Board having jurisdiction hereunder. It shall be the duty of such Planning Board

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to carefully examine such plans and specifications with regard to their nature and purpose, the width, character and location of such streets, alleys and roads in such subdivisions and the size, material, location, grades and manner of laying of water mains and sewer lines, and then transmit such applications, with all plans and data, to the Commissioners of Roads and Revenue, with its recommendations thereon in writing. The jurisdiction of such Planning Board and the said Commissioners of Roads and Revenue, shall for the purpose of this Act, extend to and include all of the land within the jurisdiction generally of said Commissioners. Before any such streets, alleys and roads or subdivisions shall be laid out as aforesaid, they shall be required to have the approval of the said Commissioners of Roads and Revenue in accordance herewith. Plans of subdivisions. Jurisdiction. Section 12. Board of appeals. Be it further enacted by the authority aforesaid, that the Commissioners of Roads and Revenue of Glynn County shall provide for a Board of Appeals of three members and for the manner of appointment thereof. Appeal board. The said Commissioners of Roads and Revenue shall fix the terms of the members of such board, which term shall be of sufficient length and so arranged that the term of at least one member shall expire each year. The said commissioners may remove any member for cause on written charges after a public hearing. Any vacancy shall be filled by the Commissioners for the unexpired term. The Commissioners of Roads and Revenue may appoint associate members of such board and in the event that any member be temporarily unable to act, due to absence from the county, illness, interest in a case before the board, or any other cause, his place may be taken during such temporary absence or disability by any associate member designated for the member. Members of board. Vacancy. Associate members.

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The Commissioners of Roads and Revenue of the county may specify and provide general rules to govern the organization, procedure and jurisdiction of such Board of Appeals, which rules shall not be inconsistent with the provisions of this Act; and the Board of Appeals may adopt supplemental rules of procedure, not inconsistent with this Act or such general rules. The board shall elect one of its number as chairman and shall appoint a secretary. The secretary may be an employee of the county. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. The members of such board shall have the power to summon witnesses, adminster oaths and compel the giving of testimony. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the board and shall be a public record. Rules. Chairman. Secretary. Meetings. Evidence. Minutes. Appeals to the Board of Appeals may be taken by any officer department, board or bureau of the County of Glynn, and also by any person or persons having a substantial interest in any decision of an administrative officer or agency seeking to function under authority of or enforce any ordinance enacted pursuant to this Act. Such appeals shall be taken as provided by the rules of the Board of Appeals and shall be evidenced by filing with the secretary a written notice of appeal specifying the grounds thereof, and what modification of its decision is sought. The officer or agency from whose decision the appeal is taken shall forthwith transmit to the secretary of the Board of Appeals all documents pertinent to the decision appealed from. The filing of such appeal shall stay all proceedings in furtherance of the actions or decisions appealed from, until it shall be passed upon by

Page 832

the Board of Appeals. After such decision proceedings in conformity herewith shall not be further stayed except as hereinafter provided. Appeals. Notice. Stay of proceedings. The Board of Appeals shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by an attorney at law. Hearing. The Board of Appeals shall, subject to such appropriate conditions and safeguards as may be established by the Commissioners of Roads and Revenue, having the following powers; 1. To hear and decide appeals where it is alleged by appellant that there is an error in any order, requirement, decision or determination made by an administrative official or agency in the enforcement of this Act or of any ordinance or regulation adopted pursuant thereto. Powers of Board of Appeals. 2. To authorize upon appeal in specific cases such variance from the terms of such ordinance or regulations as will not be contrary to the public interest, where, owing to special conditions fully demonstrated on the basis of the facts presented, literal enforcement of the provisions of the ordinance or regulations will result in great practical difficulties or unnecessary hardship, and so that the spirit of the ordinance or regulation shall be observed and substantial justice done. In exercising the above mentioned powers such board may, in conformity with the provisions of this Act, reverse or affirm, wholly or partly or may modify the order, requirement, decision or determination appealed from and may take such order, requirement decision and determination as ought to be made, and to that end shall have all the powers of the officer or agency from whom the appeal is taken.

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A majority of the Board of Appeals shall constitute a quorum and a majority vote of the members hearing the appeal shall be sufficient to determine the appeal. Quorum. Any person or persons who may have a substantial interest in any decision of the Board of Appeals, or any officer, board or bureau of the said county, may appeal from any decision of the said Board of Appeals to the Superior Court in and for said county by filing with the clerk of the said court a petition in writing setting forth plainly, fully and distinctly wherein such decision is contrary to law. Such appeal will be filed within thirty days after the decision of the Board of Appeals is rendered. Parties at interest. Upon the filing of such an appeal the clerk of the Superior Court shall give immediate notice thereof to the secretary of the Board of Appeals, and within thirty days from the time of such notice the Board of Appeals shall cause to be filed with the said clerk a duly certified copy of the proceedings had before the said Board of Appeals, including a transcript of the evidence heard before it, if any, and the decision of the said board. Notice of appeal. Certified copy. Thereafter at the next term of the Superior Court, or in vacation upon ten days notice to the parties, the judge of the Superior Court of said county shall proceed to hear and pass upon the said appeal. The findings of fact by the said Board of Appeals shall be final and conclusive on the hearing of such appeal. In determining the questions presented by the appeal the court shall determine only whether the decision of the Board of Appeals is correct as a matter of law. Trial. Fact findings conclusive. Any party at interest who is aggrieved by the judgment rendered by the Superior Court upon such appeal may have the same reviewed by bill of exception in the same manner as now provided by law for fast bills of exceptions to other judgments, orders and decrees of the Superior Courts. Bills of exceptions.

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The filing of an appeal in the Superior Court from any decision of the said Board of Appeals shall not ipso facto act as a supersedeas but the judge of the Superiior Court may in his discretion grant a supersedeas upon such terms and conditions as may seem reasonable and proper. Supersedeas. In the event that the decision of the Board of Appeals should be reversed by the Superior Court the said Board of Appeals shall be cast with the costs and the same shall be paid by the County of Glynn. Costs. Section 13. Joint Board of Appeals. Be it further enacted by the authority aforesaid, that in lieu of a separate Board of Appeals for Glynn County, it may join with one or more counties having similar zoning and planning authority in the establishment of a joint Board of Appeals of five members having all of the jurisdiction, powers and incidence of the Boards of Appeals for the several respective counties. Such joint Board of Appeals may hold its hearings at such place or places in any of the counties within its jurisdiction as it may determine but the jurisdiction for appeal from such joint Board of Appeals shall lie in the Superior Court of the county in which the particular question arose. The several counties shall have the authority to defray the proper expense of such joint Board of Appeals and apportion such expense among the participating counties. Joint board. Hearings. Expense. Section 14. Violations; Enforcement. Be it further enacted by the authority aforesaid that in case any building or structure is erected, constructed, reconstructed, altered or repaired, converted, or maintained, or any structure or land is used in violation of this Act, or of any ordinance or other regulation duly made under the authority conferred hereby, or in the event of the violation by any person or persons of any of the provisions of this Act, such violation in any respect shall be held to be a misdemeanor under the laws of the State, and the offender upon conviction shall be punished as for a misdemeanor,

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and any court of the said county having jurisdiction of misdemeanor cases shall have jurisdiction to try such offenders and upon conviction to so punish them; and provided further that each day that any structure or land is used in violation of this Act shall constitute a separate offense. In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, maintained or used, or any land is or is proposed to be used in violation of this Act or of any regulation or provision of any ordinance, or amendment thereof, enacted or adopted by the Commissioners of Roads and Revenue under the authority granted by this Act, such Commissioners, the county attorney or any owner of real estate within the district in which such buildings, structure or land is situated, may, in addition to other remedies provided by law, institute injunction, mandamus, abatement or any appropriate action or actions, proceeding or proceedings to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration, maintenance or use. Penalty on violation. Remedies at law and in equity. Section 15. Non-conforming uses. Be it further enacted by the authority aforesaid, that the lawful use of a building or structure, or the lawful use of any land, as existing and lawful at the time of the enactment of a zoning ordinance, or in the case of an amendment of an ordinance, then at the time of such amendment, may, except as hereinafter provided, to be continued although such does not conform with the provision of such ordinance or amendment, and such use may be extended throughout the same building provided no structural alteration of such building is proposed or made for the purpose of such extension. The Commissioners of Roads and Revenue may provide in any zoning ordinance for the restoration, reconstruction, extension or substitution of non-conforming uses upon such terms and conditions as may be set forth in the zoning ordinance. The Commissioners of Roads and Revenue may in any zoning ordinance provide for the

Page 836

termination of non-conforming uses, either by specifying the period or periods in which non-conforming uses shall be required to cease, or by providing a formula or formulae whereby the compulsory termination of non-conforming uses may be so fixed as to allow for the recovery or amortization of the investment in the non-conformance. Existing uses. Extension. Termination. Section 16. Finances. Be it further enacted by the authority aforesaid, that the Commissioners of Roads and Revenue is empowered to appropriate out of the general county funds, such moneys, otherwise unappropriated, as they may deem fit to finance the work of the County Planning Board and the Board of Appeals and to enforce the zoning regulations and restrictions which are adopted; and to accept grants of money, for those purposes, from either private or public sources, State or Federal. Appropriation of funds. Section 17. Punishment of contempt. Be it further enacted by the authority aforesaid, that in case of contempt by any party witness or other person before either the Planning Board or the Board of Appeals, such Board may certify such fact to the Superior Court of the county wherein such contempt occurs and the judge of said court, either in term time or vacation, after hearing, may impose such penalty as the facts authorize or require, and shall have the same powers and authority over parties and witnesses as are given by section 10-103 of the Code to auditors appointed by the Superior Court. Contempts. Penalty. Section 18. Legality. Be it further enacted by the authority aforesaid, that if any portions or provisions of this Act may be found unconstitutional or contrary to any general laws of the State of Georgia, such invalidity shall not affect any other portion or provisions of this Act. Invalid parts. Section 19. Conflict with other laws. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved December 6, 1937

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GRADY BOARD OF COMMISSIONERS CREATED. No. 49. An Act to create a Board of Commissioners of Roads and Revenues for the County of Grady, State of Georgia; to provide for the manner of their election and for filling vacancies caused by death or otherwise; to provide for the election of the first Commissioners under this Act and their successors; to define the powers and duties of said Board of Commissioners, to fix their term of office and fix their compensation; to provide for a bond of the chairman and to prescribe his powers and authority; to provide for the division of the county into two Commissioner's districts; 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 there shall be created and established in the County of Grady, State of Georgia, a Board of Commissioners of Roads and Revenues, consisting of three freeholders who shall be elected by the qualified voters of Grady County at a special election to be held in and for said county on the first Wednesday in February, 1938, which said election shall be held under the rules and regulations applicable to general elections and the Commissioners elected at said special election shall take and hold office from and after June 1, 1938, until June 1, 1941, or until their successors are elected and qualified. After the first term of three years herein provided the term of office of each of said Commissioners shall be for a period of four years and successors of the Commissioners elected at the special election herein provided shall be elected at the November general election, 1940, and every four years thereafter. Creation of board. Election. Terms of office.

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Section 2. Be it further enacted by the authority aforesaid that Grady County be divided into two Commissioner's districts to be composed of the following territory, to wit: Commissioner's District No. 1 shall embrace all that territory in Grady County south of the Atlantic Coast Line Railroad as it is now located. Commissioner's District No. 2 shall embrace all the territory in Grady County north of the Atlantic Coast Line Railroad as it is now located and there shall be one Commissioner elected who resides in District No. 1 and one Commissioner elected who resides in District No. 2, the chairman of the Commission shall be elected without regard to which district he resides in. Two commissioner's districts defined. Section 3. Be it further enacted that if there shall occur a vacancy by death or otherwise on the Board of Commissioners of Roads and Revenues, the ordinary shall, within five days from the occurrence of the vacancy, call an election to be held not more than thirty days from the occurrence of the vacancy to fill the same. The election shall be held in the same manner as elections for members of the General Assembly and return to be made to the ordinary who shall declare the results of said election; provided it shall not be necessary to call an election as provided in this section when such vacancies shall occur within six months prior to any general election in said county, in which event such vacancy shall be filled by the Commissioners in office for the unexpired term. Election to fill vacancy. Section 4. Be it further enacted that at all elections, including the special election to be held February, 1938, for election of Commissioners, the names of Commissioners elected shall be certified by the Clerk of the Superior Court to the ordinary; and each Commissioner before entering upon the duties of his office shall be required to take the following oath administered by the ordinary, to wit: Certificate of election.

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You will faithfully discharge the duties of Commissioner of Roads and Revenues of Grady County and in all matters which require your official action to the best of your knowledge and skill, you will so act in your judgment as will be the most conducive to the welfare and best interests of the entire county; so help you God. Oath of office. Said oath shall by the ordinary be recorded on the minutes of the Court of Ordinary. Record of oath. Section 5. Be it enacted further that the chairman of the Commissioners of Roads and Revenues of Grady County shall make and execute a bond with good security in the sum of fifteen hundred ($1500.00) dollars, to insure the faithful performance of all of his duties as such chairman, said chairman shall in addition to all other duties as a member of said Commission be the sole purchasing agent of and for said county and no purchases made by any officer or agent of said county shall be binding upon the county, provided that on all purchases, except in emergencies, where the amount involved exceeds $100.00 same shall be made upon a competitive basis and provided further that no purchase in excess of one thousand ($1,000.00) dollars, shall be made without the unanimous approval of the Board of County Commissioners. Bond of chairman. Purchasing agent. Competition. Said chairman shall hire and employ all employees under the jurisdiction of the County Commissioners, and and such employees shall be under his direct control and supervision, and shall be hired, or discharged as he sees fit, except that the entire board shall act on the employment of County Warden, Physician, County Agent, Superintendent of Poor Farm, the Clerk of the County Board and the Attorney for the County. Employees. Officers. Said chairman shall generally have charge, supervision, control and management of the affairs of the county, except as otherwise herein provided. Said chairman

Page 840

shall devote his entire time to the affairs of the county or so much thereof as may be necessary to promptly and efficiently attend to his duties. Duty of chairman. Section 6. Be it further enacted that if the chairman or any member of the Board of Commissioners herein created shall at any time accept directly or indirectly any favors or compensation in any form whatsoever to influence or affect their official action or decision they shall thereby forfeit their right to continue in office and conviction in any court with jurisdiction to try such offense shall in addition to the penalties provided by law automatically remove such Commissioner from office and his office will thereby become vacant, to be filled as herein provided. Favors. Forfeiture. Removal. Section 7. Said Commissioners shall have exclusive jurisdiction over the following matters, to wit: In directing and controlling all of the property of the county as they deem expedient, according to law; in levying taxes according to law; in establishing, altering or abolishing and changing election precincts and militia districts; in supervising the tax Commissioner's books; in allowing insolvent lists for county in settling all claims against and for the county; in the management, collection, handling, keeping and disbursement of all moneys belonging to the county, which may be paid out on warrant drawn on the treasury and signed by the chairman of the board; taking care of the poor; promotion of health; maintaining roads and bridges and public buildings; and shall exercise all other powers now exercised by the judges of the courts of ordinary when sitting for county purposes. Jurisdiction of commissioners. Section 8. Be it enacted that the Commissioners elected from districts 1 and 2 of said county shall receive as full compensation for their services fifteen dollars ($15.00) per month, and the chairman shall receive for his services the sum of not less than fifteen hundred

Page 841

($1500.00) dollars, nor more than two thousand ($2,000.00) dollars per year, to be fixed by the other two members, payable monthly. Pay. Salary of chairman. Section 9. Be it further enacted that it is the intention of this Act that a new board of three Commissioners shall be elected at a special election to be called by the ordinary, and held in Grady County on the first Wednesday in February, 1938, and that they shall take and hold office from June 1, 1938, and that the present board shall hold office until that date, and until successors are elected and qualified under this Act. Said board of three Commissioners and their successors shall be elected by the qualified voters of said county, it being the intention of this Act that said Board of Commissioners shall be county Commissioners and not district Commissioners. Election. Term of office. Section 10. Be it further enacted that said Commissioners are hereby authorized and empowered to employ such agents and employees as they find necessary to handle the business, and affairs of said county, but that they shall in no event pay the county warden more than one hundred ($100.00) dollars per month for his services. Agents and employees. Warden. 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 December 22, 1937. GRADY COMMISSIONERSACT REPEALED. No. 48. An Act to repeal an Act of the General Assembly of the State of Georgia establishing a Board of Commissioners of Roads and Revenues for Grady County, Georgia, approved July 26, 1920, as amended by an Act approved August 19, 1927.

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Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of same: Section 1. That an Act of the General Assembly of the State of Georgia establishing the Board of Commissioners of Roads and Revenues for the County of Grady, State of Georgia, approved July 26, 1920, as amended by an Act to amend an Act entitled an Act to create a Board of Commissioners of Roads and Revenues of Grady County, approved August 19, 1927, be and the same is hereby repealed, to take effect on the 30th day of June, 1938. Acts of 1920 and 1927 repealed. Section 2. That all laws and parts of laws in conflict herewith be repealed. Approved December 22, 1937. HARALSON TAX-COMMISSIONER. No. 208. An Act to amend the Act of 1937, pages 1346-7, amending 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 Acts to fix the compensation for said tax-commissioner, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that section 2, of the amending Act of 1937, pages 1346-7, be, and the same is hereby amended as follows: by adding after the word office in line 12 of said section, the words: except, as hereinafter provided, and by adding to and after the last word in the last line of said section, the words, and the fees provided by law to tax collectors for issuing tax executions

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against defaulting tax payers, to be used in employing clerical help for said tax commissioner so that said section when amended will read as follows: Act of 1937 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 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 his salary, shall pay whatever clerical help that may be necessary for him to perform the duties of said office, except as hereinafter provided. The tax commissioner shall be entitled to the commission now allowed by law to tax collectors and tax receivers for collecting and receiving all State, corporation and special taxes, including corporation capital stock taxes, collected by him, and the fees provided by law for issuing tax executions against defaulting tax payers, to be used in employing clerical help for said tax commissioner. Salary of tax-commissioner. Commissions. Fees. Section 3. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved January 17, 1938. HART TAX-COMMISSIONER'S PAY. No. 83. An Act to amend section 6 of the Act approved March 4, 1935 (Georgia Laws, 1935, pp. 687-690) creating the office of tax Commissioner for the County of Hart, fixing the term and compensation of said officer, etc., by

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increasing the salary of said tax Commissioner from $2,000.00 per annum to $2.500.00 per annum; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. That section 6 of the Act creating the office of tax Commissioner for the County of Hart and fixing the salary of said officer at $2,000.00 per year be and the same is hereby amended by striking and repealing from line seven of said section the figures $2,000.00 and inserting in lieu the figures $2,500.00, and by striking and repealing from line eight of said section the figures $166.66 and inserting in lieu thereof the figures $208.33-1/3, so that said section as amended shall read as follows: Act of 1935 amended. Section 6. Be it further enacted by authority aforesaid that said Hart County tax Commissioner shall receive and be paid as full compensation for all duties performed by him as receiver and collector of State, county, school district and any and all other taxes including professional poll and special taxes as well as cost for issuing tax fi. fas, a fixed salary of $2,500.00 per annum to be paid in monthly installments of $208.33-1/3 each and said tax Commissioner out of said salary shall pay whatever clerical help that may be necessary for him to have to perform the duties of said office, said salary to be paid by the Commissioners of Roads and Revenues of said county from a fund created by a special tax levied by them to pay same. Salary of tax-commissioner. Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved December 29, 1937.

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JASPERS-GAME LICENSES PROHIBITED. No. 134. An Act to prohibit the Division of Wild Life of the Department of Natural Resources from licensing the use of game or bird traps in the County of Jasper; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Wild Life Division of the Department of Natural Resources is hereby prohibited from licensing the use of game or bird traps in the County of Jasper. Licenses prohibited. Section 2. All laws and parts of laws in conflict with this Act be, and the same are hereby amended. Approved January 10, 1938. JENKINS COMMISSIONERSS-DISTRICTS. No. 144. An Act to amend an Act approved August 8, 1922 (Ga. Laws 1922, pages 389-391) amending the Act creating the Board of Commissioners of Roads and Revenues for the County of Jenkins (Ga. Laws 1911, pages 449-453) and all Acts amendatory thereto; to provide for the division of Jenkins County into three Commissioner districts; to provide that the Board of Commissioners of Roads and Revenues shall consist of three members; to provide for the time and manner of electing said Commissioners and their terms of office; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Act approved August 8, 1922 (Ga. Laws 1922, pages 389-391) which amends the Act of 1911 creating a Board of Commissioners of Roads and

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Revenues for the County of Jenkins (Ga. Laws of 1911, pages 449-453) and all Acts amendatory thereto be, and the same are hereby amended by providing that: Act of 1922 amended. The Board of Commissioners of Roads and Revenues for the County of Jenkins shall consist of three (3) members who shall hold office for terms of two (2) years. Members of the Board of Commissioners of Roads and Revenues for the County of Jenkins shall be elected at the same time and in the same manner and under the same rules and regulations as other county officers are elected except as herein expressly provided. For the purpose of electing said Commissioners, the County of Jenkins is hereby divided into three districts to be known as Commissioner Districts Nos. 1, 2, and 3 as follows: Commissioner District No. 1 shall be composed of and comprise the 1634th and 1635th Militia Districts; Commissioner District No. 2 shall be composed of and comprise the 1636th, 1637th and 1638th Militia District; Commissioner District No. 3 shall be composed of and comprise the 1639th and 1640th Militia Districts. Board of commissioners. Election. Districts. Each Commissioner shall be elected by the qualified voters of the county at large, but each Commissioner district shall be represented on said board by a resident of such Commissioner district. No person shall be a candidate for the office of Commissioner who does not reside in the Commissioner district which he seeks to represent. Eligibility. Section 2. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved January 13, 1938. LIBERTY TAX-COMMISSIONER. No. 295. An Act to abolish the office of tax Collector of Liberty County, Georgia; to create in lieu thereof the office

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of tax Commissioner of Liberty County Georgia; to fix the term and compensation of his office; to name the tax Commissioner to serve until the general election to be held in 1940; to provide that all laws in force as to tax collectors in this State shall apply to the office of tax Commissioner, except as herein provided; to provide for the qualification of the tax Commissioner, and the giving of bond; to provide that all taxes now due in Liberty County Georgia and uncollected, and all fi. fas. heretofore issued shall remain of full force and effect and be collectable by the tax Commissioner or levy office as the case may be; to provide for the election of the tax Commissioner, at the general election to be held in 1940; to provide for the removal of the tax Commissioner and the method of declaring the office vacant, and the appointment of a tax Commissioner by the Commissioner of Roads and Revenues of Liberty County, Georgia to fill vacancies in that office, which appointee shall hold office until the next general election at which county officers of said county are elected; to provide for the payment of premium on bonds of the tax Commissioner by the Commissioners of Roads and Revenues of Liberty County, Georgia; to provide for the putting into effect in Liberty County, Georgia the constitutional provision of this State as contained in article eleven (11), section three (3), paragraph one (1); to provide that the provision of this Act shall go into effect only after recommendation of the Grand Jury of Liberty County; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that from and after the passage of this Act, the office of tax collector of Liberty County, Georgia, be and the same is hereby abolished. Office abolished.

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Section 2. That by the authority aforesaid, the office of tax Commissioner of Liberty County is hereby created in lieu of the office of tax collector of Liberty County, Georgia, and that all rights, duties and responsibilities of the office of tax Commissioner of Liberty County, Georgia shall be the same as the rights, liabilities, duties and responsibilities of the present office of tax collector of said county, except as may be hereinafter in this Act provided. Tax-commissioner. Duties and liabilities. Section 3. Be it further enacted that the County Commissioner of Roads and Revenues of Liberty County, Georgia shall provide and equip an office for said tax Commissioner in the county court house, or other convenient place at Hinesville, Georgia, and said tax Commissioner shall keep said office open for the transaction of business for at least six hours of each business day of the year, Sunday and holidays excepted. Office-room. Hours. Section 6. Be it further enacted that the present tax collector of Liberty County, Georgia, Thomas H. Bagley, be and he is hereby named tax Commissioner for Liberty County, Georgia, for the remainder of his unexpired term of office as tax collector, viz. December 31, 1940, upon his qualifying under the provisions of this Act. Commissioner designated. Section 5. That by the authority aforesaid, the said tax Commissioner shall before assuming the duties of his office shall take the oath now provided by law for tax collector of this State, and shall give bond with security, payable to the Commissioner of Roads and Revenues of Liberty County, Georgia, with some solvent surety company as security in the sum of ten thousand dollars, the premium for which said bond shall be paid by the Commissioners of Roads and Revenues of Liberty County, out of the general funds of the county; which bond shall be filed with and recorded on the minutes of the Commissioners of Roads and Revenues of Liberty

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County, said bond shall be conditioned upon the faithful performance by said tax Commissioner, of all the duties imposed by law, or this Act, and for accounting for all moneys collected by him as such Commissioner due the County of Liberty. Oath and bond. Premium. Section 6. That said tax Commissioner shall, in addition to the giving of the bond provided in section 5 of this Act, give an additional bond in the sum of five thousand dollars, payable to the Board of Education of Liberty County, conditioned upon his faithful collection and accounting for any and all funds collected for school purposes, including any sums collected for the various school districts of Liberty County, said bond to have as surety some solvent surety company authorized by law to do business in Georgia, and shall be approved and the premium paid by the Board of Education of Liberty County, and recorded in the minutes of their office. Additional bond for school funds. Section 7. That said tax Commissioner shall report monthly on the 1st day of each month, all money collected by him, to the Commissioner of Roads and Revenues, for county funds. To the Board of Education of Liberty County for all county school funds, and to each of the local school districts for all funds collected for the respective school districts of the county, and shall remit along with said report the funds in his hands belonging to the several taxing units, less any commissions that may be due said tax Commissioner, on said collections. Monthly reports. Section 8. That said tax Commissioner shall receive as compensation the commissions now fixed by law, or that may be hereinafter fixed by law for tax collectors and or tax Commissioners of this State. Pay. Section 9. That said tax Commissioner is hereby authorized to collect any and all delinquent taxes due Liberty County, the Board of Education of Liberty County, and the several local tax school districts of Liberty County,

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Georgia, and all executions heretofore issued for said taxes, by the tax collector of Liberty County shall remain of full force and binding effect as if issued by the tax Commissioner, and any such tax collected by said Commissioner shall be promptly remitted to the authority levying the same as in this Act provided. Collections of taxes. Section 10. That should the tax Commissioner herein fail or refuse to qualify under this Act with in reasonable time after same shall go into effect, or shall he, after qualifying under this Act, fail for a space of thirty days to account to the different tax units of the County of Liberty, to wit. Commissioners of Roads and Revenues, the Board of Education of Liberty County, and or, the local School Tax Districts of Liberty County, and upon complaint of either of said tax units, to the Governor of this State, the Governor shall at once or after hearing remove the said tax Commissioner, and report his actions to the Commissioner of Roads and Revenues of Liberty County, whose duty it shall be to appoint a tax Commissioner for Liberty County, to serve until the next general election, and until his successor is elected and qualified. Removal from office. Appointment of successor. Section 11. That all duties and requirements of the law now imposed on county tax collectors of this State relative to the collection of State taxes, shall apply with equality force to the office of tax Commissioner of Liberty County, Georgia. Duties. Section 12. Be it further enacted that nothing in this Act provided as to removal of the tax Commissioner by the Governor upon complaint, shall in any manner abridge the right of the Commissioner of Roads and Revenues, or the Board of Education of Liberty County, to institute and maintain any action, civil or criminal, that be available against said tax Commissioner, now fixed by law against tax collectors of this State. Legal action against commissioner.

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Section 13. Be it further enacted that the purpose of this Act is to carry into effect in the County of Liberty, Georgia, the constitutional provision of this State contained in article 2, section 3, paragraph 1, of the State of Georgia. Purpose of Act. Section 14. Be it further enacted, that if any part of this Act be held by the courts to be unconstitutional and invalid, then that invalid portion or section, shall in no way effect the remaining portion of this Act, which are not of themselves unconstitutional and invalid. Invalid parts. Section 14a. The provision of this Act shall go into effect only after recommendation of the Grand Jury of Liberty County. When Act effective. Section 15. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 7, 1938. MARION COMMISSIONERSAMENDMENTS. No. 46. An Act amending an Act creating a Board of Commissioners of Roads and Revenues for the County of Marion, providing their selection, defining their terms of office, duties and powers, fixing their compensation, establishing Commissioner districts, providing for the selection of a clerk and his compensation and bond, and for other purposes, approved March 10, 1937 (Georgia Laws 1937, pp. 1375-1380) by providing for the election of successors to the present Commissioners in the general election of 1938; by changing the Commissioner districts; by adding four additional members to the board, fixing their compensation, qualification, and terms of office; by changing

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the compensation of the members of said board; and by providing for filling vacancies; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. From and after the passage of this Act, section 2 of the Act creating a Board of Commissioners of Roads and Revenues for the County of Marion, approved March 10, 1937, is amended by striking from the said section the following language: All vacancies by death, resignation, removal, or disability shall be filled by a special election for said purpose. Said election to be called by the ordinary of Marion County within 30 days from the time the vacancy occurs. and by substituting in lieu thereof the following language: All vacancies by death, resignation, removal or disability shall be filled by appointment of the Governor. and the said section is further amended by adding in the fourth line of said section after the word election the following words and figures: In the year 1938, so that section 2 of the said Act when amended will read as follows: Act of 1937 amended. 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 in the year 1938 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 appointment of the Governor. Vacancies in office. Appointment.

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Section 2. Said Act creating a Board of Commissioners of Roads and Revenues for the County of Marion, approved March 10, 1937, is further amended by adding to the membership of said board Carlos Belk and Robert P. Stevens from the Buena Vista Militia District, and James A. Tyler from the district lying north of the Central of Georgia railroad, and C. Norris Phillips from the district lying north of the railroad, whose salary and duties, oath and bond, shall be the same as that now required of the old members of said board. The members of said board named herein shall serve for a period of three years and until their successors are elected in the general election of 1940 and are qualified, the terms of office for said four members being 1938, 1939 and 1940. Added members named. Term of office. Section 3. The Buena Vista Militia District shall at all times be represented by three members, and successors to the present members of the old board and to the new members by this amendment created shall be elected by the voters of the entire county in the manner herein pointed out, so that each Commissioner district shall be represented on said board as herein provided. Election of members. Section 4. Said Act creating a Board of Commissioners of Roads and Revenues of Marion County, and section 8 thereof, is further amended by striking the words and figures three ($3.00) dollars in the second line of said section, and inserting in lieu thereof the words and figures two ($2.00) dollars so that said section as amended shall read as follows: Section 8. Said Board of Commissioners shall be paid the sum of two ($2.00) 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 of board members. Section 5. Section 3 of the said Act approved March 10, 1937, be and the same is hereby amended by striking the said section in its entirety and by substituting in lieu thereof the following section to be known as section 3:

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Marion County is hereby divided into two Commissioner districts. One districted shall be that territory outside of the Buena Vista Militia District and one district shall be the Buena Vista Militia District. The Buena Vista Militia District shall be represented on said board by three Commissioners and the district outside the Buena Vista Militia District shall be represented on the board by four Commissioners. The voters in the entire county of Marion shall vote upon the election of all candidates to the board of Commissioners. Commissioner districts. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 22, 1937. MERIWETHER ELECTION BALLOTS. No. 291. An Act to require candidates in primary elections for members of the General Assembly in Meriwether County to specify the particular incumbent which they desire to oppose or succeed; to require the preparation of ballots accordingly; 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, any person seeking to qualify as a candidate in any primary election for representative in the General Assembly from Meriwether 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. Candidates. Section 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by same, that all ballots

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in such primary election held in Meriwether County shall be prepared by listing the candidates to succeed each incumbent under separate brackets, and an improper striking in one of said brackets shall not affect the validity of a ballot in the bracket or brackets properly marked. Ballots. Section 3. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict herewith are hereby repealed. Approved February 5, 1938. MERIWETHER SHERIFF'S BOND REDUCED. No. 76. An Act to reduce the bond of the sheriff of Meriwether 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 Meriwether 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 24-2305, 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. Amount reduced. 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. When Act effective.

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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 December 29, 1937. MONTGOMERY BOARD OF COMMISSIONERS CREATED. No. 1. An Act to create a Board of Commissioners of Roads and Revenues in and for the County of Montgomery; to provide for manner of electing members thereof; to provide for their qualifications for said office; to designate the districts into which the county shall be divided and to appoint Commissioners for said districts; to provide for election of their successors; to provide for their qualification; to provide for the meeting and organization of the Board of County Commissioners; to provide members compensation and fix the amount of their bond; to provide for filling vacancies; to name county executive as clerk of said board and to fix his salary and bond; to provide duties and powers of said board; to provide for publication of quarterly report by Board of Commissioners and to provide for annual audit of county affairs; to give Board of Commissioners authority to sell county property and to provide method of sale; to prohibit member of Board of Commissioners, either directly or indirectly, to buy from or sell to county anything of value and to prescribe penalty therefor; to provide how disbursements shall be made by said board; to provide duties of the chairman of said board; to provide that the board may receive contributions for improvement of roads; to provide notice be given of intention of becoming candidate for office of County

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Commissioner; to provide that any unconstitutional part of this Act shall not affect remaining portion; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. That a Board of Commissioners of Roads and Revenues in and for the County of Montgomery is hereby created. Said board shall consist of three persons, who shall be freeholders and qualified voters of said county. Board of three created. Section 2. The three commissioners provided for shall be elected by the qualified voters of Montgomery County. Each Commissioner shall be elected for a term of three years, and shall at the time of his election reside in the road district he is to represent and if he should move out of the district which he is elected to represent, he shall become disqualified to hold office as a Commissioner from said district and shall cease being a member of said board and a new one shall be appointed as provided for in this Act. Election and term of office. Section 3. That Montgomery County shall be divided into three road districts to be constituted as follows, to wit: Road District No. 1 shall be composed of the 1343rd (Mount Vernon), 1757th (Ailey), and 1567th (Higgston) Militia Districts; Road District No. 2 shall be composed of the 1654th (Tarrytown) and the 1781st (Kibbee-Tiger) Militia Districts; Road District No. 3 shall be composed of the 1810th (Uvalda) and the 275th (Alston) Militia Districts. There shall be a Commissioner from each road district and he must be a resident of the road district which he represents, each roaddi strict being thus represented on said board by a resident respectively. Commissioner districts. Section 4. 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 as County Commissioners until the first Tuesday in January, 1938; that L. C. Underwood is hereby made, constituted

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and appointed commissioner from Road District No. 1, his term to expire January 1, 1939; that J. B. O'Connor is hereby made, constituted and appointed Commissioner from Road District No. 2, his term to expire January 1, 1940; that Jim Clifton is hereby made, constituted and appointed Commissioner from Road District No. 3, his term to expire January 1, 1941; that the Governor shall commission the above named Commissioners for their respective terms of office. The successors to the above named Commissioners shall be elected for a term of three years at an election to be held on the first Tuesday after the first Monday in November immediately preceding the date on which said Commissioners term expires. The first election under the terms of this Act shall be held on the first Tuesday after the first Monday in November, 1938, more than 30 days before which 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 said election in the official gazette of said county once a week for four weeks prior to the date of the 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 on the next day following said election. All persons of the county qualified to vote in a general election shall be eligible to vote in said elections for Commissioners to be held on the first Tuesday after the first Monday in November 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. Commissioners named. Expiration of terms. Election of successors. Notice of election. Voters qualified. Section 5. Should a vacancy on said board occur by reason of death, resignation, removal from county or district represented by said Commissioner, or otherwise,

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the ordinary of said county shall name and appoint a Commissioner to fill said vacancy or vacancies until a successor is elected and qualified at the next regular commissioners election to be held the first Tuesday after the first Monday in November next following the occurrence of said vacancy and according to the laws and regulations for the holding of the regular commissioners election herein provided for, and the results shall be declared by the ordinary. The Commissioners so elected to fill a vacancy shall hold office for the unexpired term of the one he is elected to succeed. Vacancy filled by appointment. Election. Section 6. Each Commissioner elected or appointed must qualify thirty days after his election or appointment by making bond in some solvent surety company doing business in the county, for the faithful performance of his duties, in the sum of one thousand ($1,000.00) dollars, payable to the Ordinary and his successors in office, and approved by said Ordinary, and said bonding fee shall be a legal charge against the county. 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 Montgomery, 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 of commissioner. Oath of office. Section 7. 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 its number as chairman. The chairman may call said board together for a called or special meeting whenever he deems it necessary, or any member of said board may request the chairman to call a meeting. Meetings. Section 8. The chairman of said board shall preside at all meetings and shall perform such duties and have

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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 conditions of county affairs and make to said board such recommendations as he may deem proper. Chairman's duties. Section 9. The compensation of each member of the Board of Commissioners shall be $5.00 per day, and in no event shall a member of said board draw more than four day's salary in any one month. Pay of members. Section 10. 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. Duties and powers. 2. Levying taxes for county purposes in accordance with law. 3. 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. 4. In examining, auditing, allowing and settling all claims against the county. 5. In making such rules and regulations for the support of the paupers of the county and the promotion of the health of the county as are not inconsistent with the laws of the State. 6. In establishing, altering, abolishing, or opening roads, bridges, and ferries in accordance with law. 7. In the appointment of a road superintendent and in the general management of the roads, bridges and revenues of the county, including the exercise of all powers

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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 licenses to do or perform any act for which 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 of County Commissioners shall have authority to employ and retain a competent attorney at law, who shall be a resident of Montgomery County, and whose compensation shall not exceed two hundred ($200.00) dollars per annum, to be paid in equal monthly installments out of the county treasury of said county, 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 or special matter arise which would require said county attorney to go out of said county at the instance of said Board of Commissioners or perform extra services within said county in defense of suit against said Board of County Commissioners, for same he shall be entitled to receive such compensation as is reasonable therefor as determined by said board. Section 11. 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 from 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 benefactor. Road-improvement contributions.

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Section 12. It is hereby provided that E. T. Moses, the present County Executive of Montgomery County, is hereby made, constituted and appointed to serve as County Executive and Clerk of the Board of Commissioners of Roads and Revenues and shall have such authority as may be delegated to him by said Board of Commissioners of Roads and Revenues of Montgomery County; said E. T. Moses shall serve in the above designated capacity for a period of three years, or so long as his services are satisfactory to the Board of Commissioners, his term to begin the first Tuesday in January, 1938 and expire the the first day of January, 1941, at a salary to be fixed by the Board of Commissioners, but in no event shall said salary be less than $1200.00 or more than $1800.00 per year. The Board of Commissioners shall select a successor to the above named and designated clerk at the expiration of his term or at any time before such date of expiration that said office shall for any reason become vacant, whose salary shall be fixed by said Board of Commissioners. County executive and clerk named. Term. Salary. Section 13. 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 and authorized by law to do business in this State the same to be approved by the chairman of the board and conditioned for the faithful performance of his duties as such clerk, and said bonding fee shall be a legal charge against the county. Clerk's bond. 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 an agent of the board or officer of the county. 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. Records.

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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 of said board. No warrant shall be drawn until the claim or debt shall be approved by the board, and all claims shall be itemized before paid. Warrants. Section 16. Said board shall have the authority, whenever they deem it advisable, or necessary, to sell any property belonging to said county, at public outcry, to the highest bidder for cash before the courthouse door, or at private sale to the highest bidder for cash, as in their discretion they deem to be to the best interest of the county. Personal property belonging to the county may be sold after publishing notice of the sale in the official gazette of the county for one week prior to such sale. But in no event, however, shall a Commissioner buy from or sell to the county, either directly or indirectly, anything or article of value whatsoever. Should a member of the Board of Commissioners of Roads and Revenues violate the foregoing provision he shall forthwith forfeit his right to serve as a member of the Board of Commissioners and shall be liable for punishment as for a misdemeanor. Sales of property. Commissioner may not buy. Section 17. Be it further enacted by the authority aforesaid, that said Board of Commissioners shall be required to publish detailed quarterly reports of all receipts or 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 detailed statements of what money or other things of value have been received and from what sources received, 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;

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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 fund in the county treasury a reasonable compensation for such publication, which, in no event, shall exceed the sum allowed for legal advertisements. It is further provided that as of the close of business on June 30th of each year, the Board of Commissioners shall have a detailed audit made of the fiscal affairs of the county. Such audit shall be made by an individual, or firm, who is registered with the State Board of Accountancy of Georgia and shall include all offices and officers of the county receiving or disburing county funds. Reports to be published in detail. Payment. Audits. 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 the Ordinary of Montgomery 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 office of Commissioner. Candidates. Promises forbidden. Section 19. Be it further enacted by the authority aforesaid, 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. Invalid parts. Section 20. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 3, 1937.

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MONTGOMERY COMMISSIONERSREPEALING ACT. No. 2. An Act to repeal An Act to create a Board of Commissioners of Roads and Revenues for the County of Montgomery to be composed of seven members; to provide for the election by the grand jury of one Commissioner from each of the seven militia districts; and for other purposes, as shown by Georgia Laws of 1935, pages 728 to 734, and approved March 12th, 1935; also, to repeal 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 the election of one Commissioner from each road district; and for other purposes, as shown by Georgia Laws of 1937, pages 1387 to 1392, and approved March 8, 1937, and any and all Act amendatory thereto. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Montgomery to be composed of seven members; to provide for the election by the grand jury of one Commissioner from each of the seven militia districts; and for other purposes, as shown by Georgia Laws of 1935, pages 728 to 734, and approved March 12, 1935, and also, that an Act entitled 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 the election of one Commissioner from each road district; and for other purposes, as shown by Georgia Laws of 1937, pages 1387 to 1392, and approved March 8, 1937, and any and all Acts amendatory thereto, be, and the same are hereby, repealed. Acts of 1935 and 1937 repealed.

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Section 2. Be it further enacted by the authority aforesaid, that this Act shall go into effect and become operative on the first Tuesday in January, 1938. 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 December 3, 1937. MONTGOMERY SHERIFF'S BONDAMOUNT. No. 149. An Act to fix the amount of the bond of the sheriff of Montgomery County at $3,000.00; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same: Section 1. That from and after the passage of this Act the amount of the bond of the sheriff of Montgomery County shall be three thousand ($3,000.00) dollars. Amount fixed. Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved January 13, 1938. NEWTON SHERIFF'S BOND REDUCED. No. 313. An Act to reduce the official bond of the sheriff of Newton County, Georgia from ten thousand ($10,000) dollars to five thousand ($5,000) dollars; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same:

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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 Newton County, Georgia be and the same is hereby reduced from ten thousand ($10,000) dollars to five thousand ($5,000) dollars and hereafter the penal sum of said bond shall be five thousand ($5,000) 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 February 7, 1938. NEWTON TREASURER'S SALARY. No. 316. An Act to amend that certain Act of the General Assembly of Georgia approved March 30, 1937, (Georgia Laws 1937, pp. 1394-1395) which amends an Act approved August 18, 1919, as published in Georgia Laws 1919, pp. 709-710 relating to the salary of the treasurer of Newton County and so as to provide that the salary of such treasurer shall be $800.00 per year instead of $480.00 per year as fixed by said amending Act approved March 30, 1937; to provide that this Act shall relate back to January 1, 1937; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same: Section 1. That section 1 of that certain Act of the General Assembly of Georgia approved March 30, 1937, (Georgia Laws 1937, pp. 1394-1395) be and the same is hereby amended by striking from the eighth and ninth lines of said section as published at page 1395 of Georgia Laws of 1937 the words and figures four hundred eighty

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($480.00) dollars and by substituting in lieu thereof the words and figures eight hundred ($800.00) dollars, so that said section as and when amended shall read and be as follows, to wit: Act of 1937 amended. Section 1. 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 eight hundred ($800.00) 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 increase. Section 2. Be it further enacted that this Act shall relate back to and be of force from and after January 1, 1937, so that the salary of the present incumbent of said County of Newton shall not be affected by the amendment approved March 30, 1937. Relation in time. 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 7, 1938. ORDINARY'S SALARY IN CERTAIN COUNTIES. No 373. An Act to change the method of compensating the ordinary in all counties in this State having a population of 9,130, or more, inhabitants and less than 9,140 inhabitants according to the United States census

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of 1930, or any future census; to provide that the ordinaries of such counties be paid a salary; to provide that all fees now or which may hereafter may be fixed by law for such officers shall become the funds of the counties, and that an accounting for same shall be made by such officers to said county fiscal agents; to provide for the payment of such salaries out of county funds; to regulate the method of accounting between the ordinaries and the county fiscal agents; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. This Act shall apply to all counties in the State of Georgia having a population by the United States census of 1930, or any future census of the United States, of 9,130, or more, inhabitants, and less than 9,140 inhabitants. Population. Section 2. That, from and after the effective date of this Act, in all counties coming within the terms of section 1 of this Act, the ordinary of each of said counties shall be paid out of the county funds by the disbursing officer of said county an annual salary of fifteen hundred ($1500.00) dollars, to be paid monthly in equal installments of $125.00, at the end of each month, in lieu of all costs, fees, percentages, forfeitures, penalties, allowances, and all other perquisites of whatever kind, coming to him under the law as ordinary, Judge of the Court of Ordinary, Clerk of the Court of Ordinary, or in any other capacity by virtue of his office as ordinary. Annual salary in lieu of costs. Section 3. That all such costs, fees, percentages, forfeitures, penalties, allowances, and perquisites, as set out in section 2 hereof, which are now, or may hereafter by law be allowed, to such ordinaries to be received or collected, shall be and become the funds of the counties, and shall be received and collected by the ordinary within

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this Act, for the benefit of and in trust for the county in which they are collected, and shall be held as public moneys belonging to the county in which collected. At the end of each month, all such funds shall be paid into the county funds, and an itemized statement thereof shall be made, under oath, to county treasurer, or other officer, or body, or revenue Commissioner, charged with handling of county funds, which said officer shall keep on file, for the regular audit of county funds. Costs, fees, etc., payable to county. Section 4. The ordinaries of said counties shall keep a book in the office of ordinary in which shall be entered daily all recepits of money belonging to the county, which book shall be at all times subject to examination by the county officer in charge of the finances of the county, or his duly authorized agent. The itemized monthly statements of the ordinary shall show from what source each item of funds has been received. Each ordinary shall be charged with, and shall be responsible for the collection of all such funds, and his statement shall contain a statement of all such fees, costs, and other items as set out in section 2 hereof, which may have become due, and which may not have been collected by him, with his reasons for the failure to make collection. Book of receipts and expenditures. Section 5. That this Act shall become operative and effective as of the first day of July, 1938. Effective date. Section 6. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 16, 1938. PIERCE SHERIFF'S BOND REDUCED. No. 75. An Act to reduce the official bond of the sheriff of Pierce County, Georgia, from $10,000 to $5,000; and for other purposes.

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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 Pierce County Georgia, to enable him to qualify, shall be reduced from $10,000.00 to $5,000.00, and shall be fixed in the amount of $5,000.00. Amount reduced. Section 2. That all laws in conflict with this Act be, and the same are hereby repealed. Approved December 29, 1937. PIERCE TAX-COLLECTOR AND RECEIVER. No. 47. An Act to create the offices of tax receiver and tax collector for Pierce County, Georgia; to provide for the terms of said officers; to provide the powers and duties of the said officers; to fix their compensation; to provide for a special election for the said officers; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The office of tax receiver is hereby created for Pierce County, Georgia. Offices created. Section 2. The office of tax collector is hereby created for Pierce County, Georgia. Section 3. The tax collector and tax receiver hereby created shall be subject to all the duties and liabilities now imposed by law upon tax receivers and tax collectors of this State and they shall have the same powers, rights, and emoluments now provided by law for tax receivers and tax collectors in this State, in the same manner and to the same extent as if the office of tax receiver and tax collector of Pierce County, Georgia, had never been abolished. Duties, liabilities, emoluments.

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Section 4. A tax collector and tax receiver for Pierce County, Georgia shall be elected at the regular general election held throughout this State for the election of county officers and in accordance with the law governing the said elections. Election. Section 5. The ordinary of Pierce County, Georgia shall call a special election within thirty (30) days from the passage of this Act for the election of a tax receiver and tax collector for Pierce County and the candidates receiving the highest number of votes for the respective offices shall serve as tax collector and tax receiver respectively until the next general election. Call of special election. Section 6. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved December 22, 1937. PIERCE TAX COLLECTOR AND RECEIVERS-REPEAL OF ACT ABOLISHING. No. 50. An Act to repeal an Act approved July 23, 1931, Georgia Laws of 1931, pages 548-553, abolishing the offices of tax collector and tax receiver in and for the County of Pierce and creating in their stead a county tax Commissioner for Pierce County, Georgia, and all Acts amendatory thereto; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Act approved July 23, 1931, appearing on pages 548-553 of Georgia Laws of 1931, abolishing the offices of tax collector and tax receiver of Pierce County, Georgia and creating in lieu thereof the office of tax Commissioner of Pierce County, Georgia and all Acts amendatory thereto be and the same are hereby repealed in their entirety. Act of 1931 repealed.

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Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved December 22, 1957. PIERCE TAX OFFICER'S BOND PREMIUM. No. 349. An Act to provide for the payment of official bond premiums for the tax-collector and receiver of Pierce County; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Premiums for the official bonds of the tax-collector and tax-receiver of Pierce County shall be paid out of county funds by the county disbursing authority. Premium payment. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 12, 1938. PULASKI COMMISSIONER'S CLERK'S SALARY. No. 233. An Act to amend an Act approved August 7, 1924, to be found in Georgia Laws of 1924, Page 363, relating to the duties and salary of the Clerk of the Commissioner of Roads and Revenues of Pulaski County, Georgia, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same that section 2 of said Act approved August 7, 1924 and to be found in Georgia Laws of 1924 on page 363 be amended by striking there from, the

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words and figures ($600.00) and six hundred dollars and substituting in lieu thereof ($900.00) and nine hundred dollars so that said section 2 when amended shall read as follows: Act of 1924 amended. Be it further enacted by the authority aforesaid, that the Commissioner of Roads and Revenues of the County of Pulaski shall have the authority to employ a clerk of said board whose duty it shall be to keep the books of the board and to make a record of all the Acts and doings of the board in the minute book kept for such purpose, and also shall keep all other records and accounts of the board and perform such other acts and duties as may be required by the board, not inconsistent with the provisions of this Act or of the laws of the State; said clerk to be paid an annual salary not to exceed the the sum of ($900.00) nine hundred dollars, said sum to be paid monthly out of the treasury of said county. 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 January 25, 1938. PUTNAM COMMISSIONERS' REPORTS. No. 284. An Act to amend an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Putnam, to define its powers and duties appearing on page 334 of Georgia Laws of 1878-79, and all Acts amendatory thereto, so as to specify that it shall not be the duty of the said Commissioners to publish monthly reports of county affairs; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Act of the General Assembly approved September 8, 1879, and appearing on pages 334-336,

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Georgia Laws of 1878-79, entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Putnam, and to define its powers and duties and all Acts amendatory thereto, be and the same are hereby amended by providing: Act of 1879 amended. It shall not be the duty of the Commissioners of Roads and Revenues of Putnam County to publish monthly reports of county affairs. No duty to publish. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 2, 1938. RICHMOND OFFICERS AND EMPLOYEES. No. 113. An Act to provide for the permanent tenure for certain officers and employees of Richmond County; to exempt certain officers and employees from the operation of this Act; to provide for rules of probation of present officers and employees affected by this Act; to provide that certain present officers and employees, on the conditions and at the time herein fixed, shall become permanent employees under the terms of this Act; to provide the terms of employment; to provide rules and regulations for such employees and officers; to provide a manner of terminating such permanent employment; to authorize the Board of Commissioners of Roads and Revenues of Richmond County to adopt certain rules and regulations governing such officers and employees hereunder, 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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Section 1. There shall be a permanent tenure of certain officers and employees of Richmond County on the terms and conditions herein provided for. Tenure of office. Section 2. There is included within the provisions of this act all employees of Richmond County who otherwise meet the descriptions and definitions herein, and who are not specifically excluded under the terms of this Act. Persons that are excluded from the provisions of this Act are officers elected by the vote of the electorate and casual or temporary employees; that is, those employed, or who may be employed, at the will of the Board of Commissioners of Roads and Revenues of Richmond County. Those employed in the office of the Clerk of the Superior Court, the Ordinary, the Sheriff, the Tax Collector, the Tax Receiver, and in connection with the Municipal Court and the County Attorney, are likewise excluded. Persons included and excluded. Section 3. Definitions. As used in this Act, the following terms and phrases shall have the following described meaning, to wit: Meaning of words and phrases. (a) Employee shall include all employees and officers of Richmond County elected or appointed by the Board of County Commissioners of Roads and Revenues of said county, if such employee comes within the included designation as set forth in section 2 of this Act. (b) Board shall mean the Board of County Commissioners of Roads and Revenues of Richmond County. (c) The masculine shall include the feminine, and the singular shall include the plural, where the context so requires it. (d) Effective date shall mean the first day following the approval of this Act by the Governor as to the beginning of the probationary period, but no employee shall become permanently employed before February 1, 1939.

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(e) The term year as used herein in defining the probation period of employees shall mean at least two hundred and seventy-five working days of each twelve consecutive months period of continuous employment including such period as may have been or may be allowed for annual vacations. (f) Employment shall include service in office. (g) Continuous Employment shall mean employment unbroken by discharge or resignation. Re-election or re-appointment at the end of a term shall be regarded as continuous employment. (h) A permanent employee is an employee who has been continuously employed for the requisite probationary period as provided for by the terms of this Act. (i) A casual employee shall mean an employee, who is employed at different times or periods for special or temporary work and whose employment is not under the terms of this Act, continuous for the probationary period herein provided for; or who is employed at the will of the board. Section 4. The probationary period is hereby fixed as one year of continuous employment either before, and/or after February 1, 1939; provided such employee is an employee of said Board on February 1, 1939. Probationary period. Section 5. All persons who are on February 1, 1939, or thereafter become permanent employees as herein provided by having served the requisite probationary period and otherwise coming within the terms of this Act shall continue their employment until such employment is terminated as hereinafter set out. Employment continued. Section 6. On and after February 1, 1939, the tenure of permanent employees shall be until they are removed or discharged for either of the following reasons only, to wit: Tenure.

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(a) Failure of employee to pay any of his just debts when ordered to do so by the said board. Causes for discharge. (b) Dishonesty; or immoral conduct; or insubordination. (c) Mental or physical incapacity, or failure to discharge the duties of the position held by such employee. (d) Drunkardness, or use of intoxicating liquor, narcotics, or other habit forming drugs, to such an extent that the use thereof has or will interfere with the mental or physical fitness of the employee, or which precludes the employee from properly performing the functions and duties of his position; or drunkardness or the use of intoxicating liquors or being under the influence of same while in the performance of the duties of such employee, or being under the influence of intoxicating liquors in any public place. (e) Final conviction of a felony or misdemeanor involving moral turpitude. (f) Discourteous treatment of the public or any other act of omission or commission seriously tending to impair the county service. (g) For the violation of any reasonable rule or regulation of said board. Section 7. Said board may discharge, demote, reduce or suspend without pay, any permanent employee, or may delegate to the head of any department, or may delegate to the chairman of any committee under which said employee may be working, the power to discharge any permanent employee for violation of any of the preceding sections of this Act. Power to discharge, etc. Delegation. Section 8. Upon being so discharged, suspended without pay, demoted or reduced in rank, such employee, may within ten days of such discharge, file a written demand with the clerk of said board for an investigation of such charges and for a written statement of the charges upon

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which said discharge, suspension, demotion or reduction in rank was made; whereupon, it shall become the duty of said clerk to furnish to said board a copy of demand for investigation, and it shall be the duty of said board, head of department or chairman of committee discharging said person to file with the clerk of said board a statement of the grounds of such discharge. This statement shall be filed within five days after receipt of the demand therefor, and a copy of same furnished to the employee upon his calling for it within five days. Should employee not call for the said copy of charges within the five day period, thereafter, within ten days of the expiration of the five day period, or within ten days from the date employee does actually call and receive the copy of the charges, the said board shall, after not less than five days notice to the employee, conduct an investigation and public trial of such charges, with the right of the employee to be present or be represented by counsel and a committee of not more than five of his own choosing, and each side may have the clerk to issue and have served subpoena for witnesses to offer testimony. Upon the conclusion of such hearing, said board shall vote on the question of whether the charges against the employee shall be sustained or whether he shall be re-instated, and if sustained, such employee may be discharged upon a majority vote of said board. If, in the opinion of a majority of the entire membership of said board, said charges have been sustained, it may re-instate him without pay for the period during which he has been suspended or discharged, or it may discharge him. If found not guilty and re-instated, his salary, wages or compensation shall be uninterrupted. Any person may prefer written charges against an employee which charges shall be served personally on the employee by the clerk and shall be handled in the manner provided for in this section. Investigation of charges on demand. Statement. Trial. Reinstatement. Section 9. Nothing herein contained shall restrict the right of said board to abolish any position held by any

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permanent employee when such position or office, in its judgment is no longer necessary, provided, however, that if the abolition of a position is resorted to as a subterfuge to discharge such employee, and was not justified, such employee shall have his action therefor as for a breach of contract. Abolition of position. Section 10. No permanent employee shall be discharged, demoted or suspended for any political belief or failure to vote in any particular way, nor for membership in or affiliation with any organization, labor union or other association that does not affect his efficiency as an employee; provided no employee shall be entitled to the benefits of this Act who shall not at all times remain a duly qualified and registered voter of Richmond County. Matters not case for discharge. Section 11. The board shall have the right to transfer any employee from one position to another. Such employee shall receive the salary then fixed, or thereafter fixed, for the position to which transferred. Transfers. Section 12. The said board shall make all necessary rules and regulations for carrying into effect this Act and for the employment of future employees including provisions for physical examination of future employees, and for the government and control of its employees in accordance with this Act. Rules and regulations. Section 13. That all laws or parts of laws in conflict herewith are hereby repealed. Approved December 31, 1937. ROCKDALE COMMISSIONERS' PAY AND DUTIES. No. 31. An Act to amend an Act to provide for the Board of County Commissioners of Rockdale County to provide for the election of its members, to prescribe their

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powers and duties, fix their compensation and for other purposes (approved December 18, 1902, Georgia Laws, 1902, page 231) by striking therefrom the last two lines of section 9 and substituting in lieu thereof a new sentence fixing the compensation 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 same, that the Act approved December, 1902 entitled an Act to provide for the Board of County Commissioners of Rockdale County be and the same is hereby amended by striking the last two lines of section 9 of said Act and substituting in lieu thereof the following: Act of 1902 amended. That after the passage of this Act the Board of County Commissioners shall fix the yearly compensation for the service of its chairman and other members of said board, provided such compensation shall not exceed the sum of $500.00 per year for said chairman and $150.00 per year for each of the other members, the same to be paid at such time and in such manner as said board in its discretion may deem proper so that section 9 when amended shall read as follows: Yearly pay. Section 9. Be it further enacted, that in all matters three of said board of Commissioners must agree, and said board of Commissioners shall be exempt during their term of office from road, militia and jury duties. They shall submit, through their chairman, to the grand jury of the county, at the spring term of the superior court in each year, a statement in writing of all matters relating to the financial condition of the county, its roads, bridges, public buildings and paupers, with such suggestions in regard to county affairs as they may deem proper to make. The records of the proceedings of the board shall be open at all times to inspection by any citizen of the county. That after the passage of this Act the board of county Commissioners shall fix the yearly compensation for the service of its chairman and other

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members of said board, provided such compensation shall not exceed the sum of $500.00 per year for said chairman and $150.00 per year for each of the other members, the same to be paid at such time and in such manner as said board in its discretion may deem proper. Exemption from duties. Statement to grand jury. Records. Yearly pay. Section 12. More than thirty days prior to the introduction of this Bill notice thereof was published in the official organ of Rockdale County, Georgia. Section 13. Be it further enaced, that all laws in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1937. SALARIES OF CLERK AND SHERIFF IN CERTAIN COUNTIES. No. 204. An Act to change from the fee to the salary system in certain counties in Georgia, the Clerk of the Superior Court, the sheriff and the ordinary; to make provisions regulating the carrying out of said change; to regulate the disposition of costs, and providing for deputies, clerks, and assistants to such officers; and for fixing the salaries and compensation of such officers, 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. This Act shall apply to all counties in the State of Georgia, having by the United States Census of 1930, a population of not less than six thousand eight hundred and ninety-five (6,895) inhabitants, nor more than six thousand nine hundred and twenty-five (6,925) inhabitants, and to all counties in the State having by any future census of the United States a population of

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not less than six thousand eight hundred and ninety-five (6,895) inhabitants nor more than six thousand nine hundred and twenty five (6,925) inhabitants. Population. Section 2. That from and after January 1, 1938, in all such counties as are described in section 1 of this Act, the salaries of the clerk of the Superior Court, the ordinary and of the sheriff, for their respective terms or the unexpired terms of office, shall be agreed upon and fixed by the county Commissioners of such counties, and it shall be the duty of said Commissioners in such counties as now come within the operation of this Act to fix the salaries of the incumbents for their unexpired terms of office at the first meeting after the passage and approval of this Act. Salaries to be fixed by commissioners. Section 3. The salaries in all such counties described in section 1 of this Act shall be fixed by the county Commissioners or other county authorities having charge of the revenues and roads of such counties, but the salary of the clerk of the Superior Court shall be in a sum of not less than $1,750.00, nor more than $1,850.00 per annum; the salary of the ordinary shall not be less than $1,200.00, nor more than $1,250.00 per annum; the salary of the sheriff shall not be less than $1,500.00 per annum nor more than $1,650.00 per annum, but a sheriff shall be allowed from $750.00 to $850.00 per annum, payable monthly, for the maintenance and operation of an automobile in connection with his duties as sheriff, and may be allowed an additional five cents (5c) per mile for use of such automobile when on business for the county outside of the county on trips that shall exceed twenty-five (25) miles both ways in distance. A sheriff may be allowed not exceeding $350.00 per year for deputy sheriffs. All of the salaries 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 salaries within the limits set forth. Clerk. Ordinary. Sheriff. Allowances. Monthly payment.

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Section 4. It shall be lawful and proper for the depository or 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 monthly portion of such salaries and expenses to the clerk, ordinary and sheriff, if any, for the preceding month, and such officers shall serve for such salaries and without any further compensation. Lawful payment. No further compensation. Section 5. That all fees, costs, percentages, forfeitures, penalties, allowances and all other perquisites of whatever kind and which shall be allowed by law, collected after January 1, 1938, by any officer herein named shall be received and collected by all of said officers and each of them, for the sole use of the county in which they are collected by all of said officers and each of them, and for the sole use of the county in which they are collected, and shall be held as public moneys, belonging to said county and accounted for and paid over to the said county on or before the 10th day of each month, at which time a detailed itemized statement shall be made by the officer, under oath showing such collections and the source from which collected. Costs, fees, etc., payable to county. Section 6. The salaries of the various officials herein fixed shall be their sole compensation, and all fees, accruing after January 1, 1938, are hereby abolished so far as the same does constitute the compensation of said officers, but the same schedule of fees and costs prescribed under existing laws shall remain for the purpose of ascertaining the sum or sums to be paid into the treasury of such counties as are described in section 1 of this Act. Salaries sole pay. Section 7. In the distribution among the officers to whom this Act applies of all costs both in particular cases or matters, and all insolvent costs and all fines, forfeitures and fees which may become due and payable after January 1, 1938, in such counties as are described in section 1 of this Act, said counties shall be subrogated

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to the rights and claims of any of the officers named in this Act, but for this Act would be entitled to compensation out of the county fines, forfeitures and fees and shall be after January 1, 1938, entitled to all such funds, moneys or emoluments accruing in said county after January 1, 1938, when orders on the insolvent fund or other judgment of findings entered therein or approved as to the distribution of said funds between various officers, instead of the same being entered and approved in the name of each officer entitled thereto, as under the present system, the same shall be entered and approved in the name of the respective officers for such portions of said moneys as they are entitled to, for the use and benefit of the county. The procedure now in force as to which officer shall collect the costs, and as to the distribution thereof shall remain in force but as herein provided all such sums shall be collected for the use of the county, and shall be paid and collected for the use of the county, and shall be paid monthly into the county treasury, of such counties as are described in section 1 of this Act. All fees, costs, percentages, forfeitures and penalties which have accrued at the time this Act becomes effective and to which any officer named herein is entitled, and which remains uncollected at the time this Act goes into effect shall when collected be paid to the county. Costs, fines, etc. Section 8. In cases of emergencies arising of any kind in any of said offices, the same being made known to the county Commissioners, the said county Commissioners may authorize the officer who has the appointment of other deputies, or clerks, to appoint necessary help to care for the emergency and such deputies or clerks shall be paid out of the county treasury, such sums as may be fixed by said county Commissioners. The Commissioners shall be sole judge of the emergency. Emergency help. Section 9. This Act shall take effect on the first day of January, 1938, except so far as concerns the fixing

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and determination of salaries and expenses provided for herein and shall take effect immediately on passage as to same. Effective date. 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 January 17, 1938. SCHLEY CORONER'S INQUEST FEE. No. 244. An Act to fix the amount of the fee of the Coroner of Schley County, Georgia, for holding inquests at fifteen dollars ($15.00). Be it enacted by the General Assembly of Georgia, and hereby is enacted by the authority of the same, That: Section 1. From and after the passage of the same, and the approval thereof, the amount of the fee paid the Coroner of Schley County, Georgia, for holding inquests shall be the sum of fifteen dollars. $15 fee. 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 January 25, 1938. SHERIFFS' BONDS IN CERTAIN COUNTIES. No. 261. An Act to fix the amount of bond to be furnished by sheriffs for the faithful and correct performance of their duties of office in all counties of Georgia which contain a population of between twenty-five thousand,

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five hundred and fifty, and twenty-five thousand, six hundred and fifty, according to the United States Census of 1930. Section 1. Be it and it is hereby enacted by the General Assembly of Georgia, that from and after the enactment and approval of this Act that all sheriffs of all counties in the State of Georgia which contain a population of between twenty-five thousand, five hundred and fifty, and twenty-five thousand, six hundred and fifty, according to the United States Census for the year 1930 shall make and furnish in accordance with the laws of this State of Georgia for the faithful and correct performance of their duties of office a bond in the penal sum of three thousand dollars. Population. Bond of $3,000. Section 2. Be it and it is hereby further enacted to take effect immediately upon the passage and approval by the Governor of this Bill that all laws or parts of laws in conflict with this Act are hereby repealed. Effective date. Approved February 2, 1938. SHERIFFS' PAY IN CERTAIN COUNTIES. No. 230. An Act to empower the governing authorities of all counties having an area of not less than 711 square miles and not more than 711 square miles therein according to the present survey of the counties of this State, to increase the compensation of sheriffs; to specify the purpose of this Act; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The governing authority of all counties in this State having an area of not less than 711 square miles therein and not more than 711 square miles therein according to the present survey of the counties in this

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State are hereby empowered to supplement the fees now paid sheriffs of said counties in the sum of $1,800.00 per annum, same to be paid monthly by the county authorities out of county funds. Territorial limitation. Supplement of fees. Section 2. The purpose of this Act is to authorize the county authorities, in their discretion, to increase the compensation of sheriffs in certain counties so as to enable the sheriffs of said counties to more fully co-operate with the State Highway Patrol in the polcing of highways and the enforcement of law. Purpose of Act. Section 3. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved January 25, 1938. STEPHENS TAX-COMMISSIONER'S FEES. No. 403. An Act abolishing the office of tax receiver and tax collector of Stephens County, Georgia, Acts 1931, pages 560-565, inclusive, approved August 24, 1931, and creating the office of tax Commissioner of Stephens County, Georgia; fixing his compensation, duties, etc. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same: That from and after the passage of this Act, the Acts of the Georgia Legislature approved August 24, 1931, Acts 1931, pages 560-565, inclusive, is hereby amended as follows, to wit: Act of 1931 amended. The tax Commissioner of said county is hereby allowed in addition to the salary which he now receives the sum of fifty (.50) cents for each $2,000.00 homestead

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exemption allowed in said county; he is further allowed the sum of twenty-five (.25) cents for the distribution of each motor-vehicle license plate should county distribution plan be adopted by law, and such other fees as he may be allowed later by State laws. Allowances beyond salary. Section 2. The special fee allowed in paragraph 1 of this Act shall be paid from the treasury of said county. Payment. 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, 1938. TAX-COLLECTORS' BOND PREMIUMS IN CERTAIN COUNTIES. No. 394. An Act to provide that official bond premiums of tax collectors and tax receivers in all counties in this State of a population of not less than 12,520 and not more than 12,525 according to the 1930 United States census shall be paid out of county funds by the proper county fiscal authorities; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. The official bond premiums of all tax collectors and tax receivers in this State in counties of a population of not less than 12,520 and not more than 12,525 according to the 1930 United States census shall be paid out of county funds by the proper county fiscal authorities. Population. Payment. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 16, 1938.

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TAX-COMMISSIONERS' COMMISSIONS IN CERTAIN COUNTIES. No. 243. An Act to provide for tax Commissioners of the State of Georgia in all counties thereof having a population of, according to the census of the United States of the year 1930 or any future census of not less than 21,118 and not more than 21,150 to collect commissions on all property returned for taxes therein from the counties in which such tax Commissioners may be elected in the same amounts as now paid the tax receivers of the State of Georgia for receiving tax returns; 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 all tax Commissioners of the State of Georgia in counties having a population of not less than 21,118 and not more than 21,150 according to the census of the United States of 1930 or that hereafter may have such a population, shall have the right to collect from such counties for receiving and preparing tax return on property in such counties the usual and legal commissions charged by tax receivers in the State of Georgia for similar services and said counties shall pay such tax Commissioners for their service the usual and legal commissions for such service, on the same scale as tax receivers in the State are now paid. Population. Commissions collectible. Section 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved January 25, 1938.

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TAYLOR TAX-COMMISSIONER'S PAY. No. 245. An Act to increase the salary of the tax Commissioner of Taylor County, Georgia, from $1200.00 per annum, to $1800.00 per annum. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the aforesaid that from and after passage of this Act salary of the tax Commissioner of Taylor County, Georgia shall be $1800.00 per annum, said sum to be paid monthly from the treasury of Taylor County, Georgia. Salary increase. Section 2. Be it enacted that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved January 25, 1938. TELFAIR GOATS AT LARGE PROHIBITED. No. 290. An Act to prohibit goats from running at large in the County of Telfair; to provide penalty 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 authority of the same, that from and after the passage of this Act it shall be unlawful for the owner or owners, whether firms or individuals, to permit goats to run at large in the County of Telfair in said State. Unlawful permission. Section 2. It shall be a misdemeanor for any owner or owners as specified in section 1 of this Act to permit goats owned by him or them to run at large in Telfair County, and upon conviction shall be punished as such. Misdemeanor.

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Section 3. It shall be the duty of the sheriff of Telfair County to prosecute all offenders of this Act, and upon his failure to do so renders his bond liable in the sum of five hundred dollars, the same to be collected by suit instituted by any taxpayer of said County of Telfair, and said sum when so collected shall be paid to the county school superintendent and shall be by said county superintendent expended in support of the common schools of said County of Telfair. Prosecution. Sheriff's liability. Section 4. Should any goats be permitted to run at large in said county, said animals shall be by the sheriff of said county apprehended, and, after three (3) days advertisement before the court-house door in said county, be sold to the highest bidder for cash, and said sum so derived from said sale shall be turned over to the county school superintendent to be expended in support of the common schools of Telfair County. It shall not be required as a requisite for sale that any owner or owners of said animals shall be notified of said sale or the date thereof. Provided, however, that any owner of such animals so apprehended may, on the first offense, pay to said sheriff all costs incurred in apprehending said animals and all other cost, and said sheriff shall return said animals to said owner or owners at the point where said animals shall be sold and the funds so derived be turned over to and expended as heretofore provided. Sale of goats. Notice not required. Payment by owner. Section 5. Be it further enacted, that all laws, and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 2, 1938. TELFAIR TAX-COMMISSIONER. No. 116. An Act to abolish the offices of tax receiver and tax collector of Telfair County, Georgia; to create the office

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of Telfair County tax Commissioner; to provide that the present tax collector shall be tax Commissioner until June 1, 1941; to fix his qualifications, his compensation, his duties, and his term of office; to provide that the laws of force as to tax receiver and tax collector when the provisions of this Act become effective shall be of full force and effect as to the Telfair County tax Commissioner, so far as the same are applicable, and where not herein abolished; to provide that tax fi. fas. issued by the tax collector and unpaid when this Act takes effect shall continue of full force and be collected by the tax Commissioner as could have been by the tax collector; to provide that all fees, commissions, and other costs and compensation formerly paid to either the tax receiver or the tax collector, or collected by either of them before this Act becomes effective shall be collected by the Telfair County Tax Commissioner and by him paid into the treasury of Telfair County, Georgia; to provide for payment of the necessary expense of said office of tax Commissioner; to provide for the election of a Telfair County Tax Commissioner; to provide for filling vacancies in the office of tax Commissioner; to provide for giving bond and taking oath by the Telfair County Tax Commissioner; to provide for the payment of certain fees, commissions and compensations to the incumbent tax collector and tax receiver of Telfair County; to provide a referendum; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by 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, the offices of tax receiver and tax collector of Telfair County, Georgia, are hereby abolished, and the duties of the two offices are hereby consolidated into one office, and placed

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under one man to be known and designated as Telfair County tax Commissioner. And the rights, duties, and liabilities of the said office of Telfair County tax Commissioner shall be the same as the rights, duties, and liabilities of the tax receiver and tax collector of said county, so far as the same are applicable. Offices consolidated. Commissioner's duties and liabilities. Section 2. Be it further enacted by the authority aforesaid, that all taxes that are due and payable at the time the provisions of this Act become effective, and all tax fi. fas. theretofore issued by the tax collector of Telfair County, Georgia, shall have full force and effect and be collected by the Telfair County tax Commissioner. Executions effective. Section 3. Be it further enacted by the authority aforesaid, that all fees, commissions, and all other compensation allowed to the tax receiver and tax collector of Telfair County, Georgia, at the time this Act becomes effective, or that might legally be allowed to such officers thereafterward were it not for the provisions of this Act, shall be collected by said tax Commissioner and paid into the treasury of Telfair County, Georgia. Provided, however, that all fees, commissions, and other compensation which are due or which may become due to the present tax receiver and tax collector of Telfair County at any time prior to the passage of this Act by virtue of delinquent taxes, delinquent tax collection, fi. fa. issuance, or other provision of law shall be collected by the tax Commissioner and paid over to the present tax collector or tax receiver entitled to the said commissions, fees, or other compensation, in the same manner and as though the present tax collector and tax receiver of Telfair County had been succeeded by another tax collector and tax receiver. Fees and commissions payable. Section 4. Be it further enacted by the authority aforesaid, that the present tax collector of Telfair County be and is hereby declared to be the Telfair County tax Commissioner until January 1, 1941. A tax Commissioner

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shall be elected at the regular general election to be held for county Commissioner in 1940, and every 4 years thereafter. The terms of office for all tax Commissioners of Telfair County shall be for 4 years. And the election for the said officer shall be held in the same manner and at the same time and place as the election for clerks of the Superior Court. Commissioner designated. Election and term. Section 5. Be it further enacted by the authority aforesaid, that said Telfair County tax Commissioner shall be commissioned and qualified as the tax receivers and tax collectors are now commissioned and qualified. Qualification. Section 6. Be it further enacted by the authority aforesaid that the said Telfair County tax Commissioner shall receive and be paid, as full compensation for all duties performed by him as receiver and collector of State, county, school district, and any and all other taxes, including professional, poll, and special taxes as well as costs for issuing tax fi. fas., a fixed salary of $4,600.00 per annum, to be paid in equal monthly installments; the said tax Commissioner out of said salary shall pay whatever office help that may be necessary for him. Provided, however, that after January 1, 1941, the compensation for the tax Commissioner shall be $3,600.00 per annum instead of $4,600.00. The said salary to be paid by the Commissioner of Roads and Revenues of said county from the funds in the county treasury. Salary payable. Section 7. Be it further enacted by the authority aforesaid, that before entering upon the duties of his office the said Telfair County tax Commissioner shall take the oath now prescribed by law for the tax collector, and shall give bond and security in the amount of $25,000.00. Said bond to be approved by the Commissioner of Roads and Revenues. Oath and bond. Section 8. Be it further enacted by the authority aforesaid, that the Commissioner of Roads and Revenues

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of Telfair 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 Telfair County tax Commissioner, and that said county Commissioner shall pay out of the general funds of the county the premium of the bond or bonds required of said Telfair County Tax Commissioner. Tax for maintenance. Section 9. Be it further enacted by the authority aforesaid, that the said Telfair County Tax Commissioner shall have his office in the court house in Telfair County and shall keep his office open every day of the year, except Sundays and legal holidays; and he shall not go into any of the various precincts of said county either to receive or collect taxes, but all taxes shall be received and collected at his office and not otherwise. Office open. Section 10. Be it further enacted by the authority aforesaid, that if a vacancy should at any time occur in said office of Telfair County Tax Commissioner, then same shall be filled in the same manner as vacancies are filled in other county offices. Vacancy in office. Section 11. Be it further enacted by the authority aforesaid, that if at any time there should occur a vacancy in the office of Telfair County Tax Commissioner, it shall be the duty of the Commissioner of Roads and Revenues of Telfair County, Georgia, and they are hereby empowered, to immediately designate some competent person to take charge of said office and perform the duties thereof until an election is held and a tax Commissioner is qualified and assumes the duties of said office, and such person so appointed shall receive as compensation for his services a pro rata share of the yearly salary of Telfair County Tax Commissioner, and he shall give the bond and take the oath required of said tax Commissioner herein. Designation of officer until election. Section 12. Be it further enacted by the authority aforesaid, that if for any reason any portion of this Act

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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. Invalid parts of Act. Section 13. Be it further enacted by the authority aforesaid, that said Telfair County Tax Commissioner shall, as often as requested to do so, furnish the Commissioner of Roads and Revenues with an itemized statement, under oath, of all fees, commissions, costs, or other money received and collected by him for said county. And even without any request, he shall annually furnish such statement under oath, and same shall be filed by said Commissioners. Statements under oath. Section 13a. The ordinary of Telfair County shall call a special election within thirty days after the approval of this Act, at which said special election the qualified voters of Telfair County shall vote for the approval or disapproval of this Act. There shall be printed on the ballots For Tax Commissioner and Against Tax Commissioner. If a majority of those voting in said election vote. For Tax Commissioner this Act shall become effective. Should a majority of those voting in said election vote Against Tax Commissioner then this Act shall have no force or effect. The ordinary of Telfair County shall consolidate the vote and announce the results, which shall determine the effectiveness of this Act. The ordinary of said county shall advertise in the news papers published in said county notice at least once for 2 weeks of the time of holding said election, which election except as herein provided shall be held under the law governing the election of other county officers. The expenses of calling and holding said election shall be paid for by the said County of Telfair on warrant issued for such purpose

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by the Commissioner of Roads and Revenues. Provided further should said election for any reason fail to be held within said time then it shall be the duty of the ordinary of said county to order such to be thereafter held on at least two weeks advertisement in such news papers of the time of holding same. Referendum of this Act. Ballots. Advertisement. Expense. Section 14. 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 December 29, 1937. TWIGGS SHERIFF'S BOND REDUCED. No. 253. An Act to reduce the Sheriff's bond of Twiggs County, Georgia; and, to provide that the annual premium due thereon shall be paid by the Board of Commissions of Roads and Revenues of said County of Twiggs, or other official having in charge the fiscal affairs of said County of Twiggs and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, the official bond of the Sheriff of Twiggs County, Georgia, shall be in the sum of three thousand dollars ($3,000.00). The annual premium for said bond shall be chargeable to and paid by the Commissioners of Roads and Revenues in and for the County of Twiggs, or other official having in charge the fiscal affairs of said County of Twiggs. It being the spirit, purport and intent of this Act to, in a measure, compensate the said sheriff of Twiggs County, Georgia, owing to the depleted revenue on account of the fee system of Georgia, under which said sheriff operates. Amount reduced. Premium.

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Section 2. Be it further enacted by the authority aforesaid that all law and parts of law in conflict with this Act are hereby repealed. Approved January 26, 1938. TWIGGS TAX-COMMISSIONER'S BOND PREMIUM. No. 251. An Act to provide that the premium on the bond of Tax Commissioner of Twiggs County, Georgia, shall be paid by the County Commissioners of said County of Twiggs, or other officials handling the fiscal affairs of said County of Twiggs, and for other 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 annual premium of the official bond of the Tax-Commissioner of Twiggs County, Georgia, shall be chargeable to, and paid by the Commissioners of Roads and Revenues in and for the County of Twiggs, or other officials having in charge the fiscal affairs of said County of Twiggs. It being the spirit, purport and intent of this Act to, in a measure, compensate the Tax-Commissioner of said County of Twiggs, owing to the depleted revenue on account of shrinkage of digest due to new laws enacted by the General Assembly. Premium payment. Section 2. Be it further enacted by the authority aforesaid: that all laws and parts of laws in conflict with this Act are hereby repealed. Approved January 26, 1938.

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WILCOX COMMISSIONERSADDITIONAL. No. 35. 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 districts 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, as amended by that certain Act of the General Assembly of Georgia approved March 1, 1937, as published Georgia Laws 1937, pages 1449 to 1455, so as to provide that two additional members of said Board of Commissioners of Roads and Revenues for Wilcox County shall be appointed from the County of Wilcox at large and to prescribe their compensation, to fix their terms of office and perscribe their duties, powers and functions, and to name the persons who shall serve as members of said board for the term beginning with the passage and approval of said amendment and ending December 31, 1940; 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 said Act approved March 1, 1937, amending an Act entitled An Act to create a Board of

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Commissioners of Roads and Revenues in and for the County of Wilcox, approved March 23, 1933, be amended and supplemented by providing that in addition to the five Commissioners for the County of Wilcox to be nominated and elected as provided in said Act approved March 1, 1937, there shall be from and after the passage of this Act two additional Commissioners to be chosen or selected from the County of Wilcox at large and C. C. Burkett of Abbeville and Elbert Brown of Owensboro, Georgia, are hereby named and designated as the two additional Commissioners of said county to serve from and after the passage of this Act up to December 31, 1940. They shall each receive the sum of $20.70 per month for the service performed by them as members of the Board of Commissioners of Roads and Revenues of said County of Wilcox and shall be clothed with all the powers and authority as other members of said Board of Commissioners of Roads and Revenues under existing law who are not serving for the time being as Chairman of said board and their successors shall be elected from the county at large in the general election for State House officers in the year 1940 and in the primary election to select candidates to run in said general election the nominees for two Commissioners at large shall be selected or nominated from the County of Wilcox at large. Four of said Commissioners shall constitute a quorum and must concur to pass any valid order for any contract, or pledge the county's credit, or grant or allow any claim or charge against said County of Wilcox. Act of 1937 amended. Two more commissioners. Pay for service. Powers. Election. Section 2. That section 4 of said amending Act approved March 1, 1937, be stricken in its entirety and that the portion of section 7 of the Act approved March 24, 1933, quoted in said section 4 and relating to compensation of the chairman and members of the Board of Commissioners of Roads and Revenues of the said County of Wilcox also be stricken.

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Section 3. That from and after the date of the passage and approval of this Act the Chairman of the Commissioners of Roads and Revenues of said County of Wilcox shall receive as compensation for his services a salary of $100.00 per month and in addition thereto he shall be entitled to an allowance of $50.00 per month, or so much thereof as may be necessary, for transportation of traveling expenses. He shall devote at least three-fourths of his time to the discharge of the duties of his office and shall not hold any other county or city office, employment or position whatsoever. The remaining six Commissioners of said Board of Roads and Revenues of said county shall each receive the sum of $20.70 per month for services to be performed by them as members of said board. They shall receive no other compensation whatever. The salaries herein provided to be paid to the chairman and members of said board respectively shall be paid from the county treasury monthly by warrants on the treasurer or depository as in the case of other claims against said county. Chairman's salary and allowance. Pay of other commissioners. Section 4. That all laws and parts of laws in conflict with this Act be and the same are hereby expressly repealed. Approved December 16, 1937. WILCOX COMMISSIONERSAMENDMENTS No. 411. 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

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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 to provide for his compensation; to provide for the establishment of five Commissioner's districts in said county; to provide for a clerk of said board, a county attorney, county physician, warden, and other employees of said county, to provide their powers and duties and for their compensation; to provide when this Act shall become effective; and for other purposes, approved March 24, 1933, as amended by that certain Act of the General Assembly of Georgia approved March 31, 1937, as published Georgia Laws 1937, pages 1449 to 1455, and as further amended by that certain Act of the General Assembly of Georgia enacted at the Extraordinary Session 1937, and approved the 16th day of December, 1937, so as to provide that the terms of the two additional members of said Board of Commissioners of Roads and Revenues for Wilcox County named and designated under the terms of said Act approved the 16th day of December, 1937, shall expire on the 31st day of December, 1938, instead of on the 31st day of December, 1940, as provided in section 1 of said Act approved December 16, 1937; and to further provide that the compensation of said two additional members shall be $15.70 per month instead of $20.70 per month as provided in section 1 of said Act as approved the 16th day of December, 1937; and to further provide that the allowance per month to the chairman of said board for transportation or traveling expenses shall be twenty-five dollars per month or so much thereof as may be necessary instead of fifty dollars as provided in section 1 of said Act as approved December 16, 1937; and to provide that no Commissioners shall be elected to succeed said two additional members on the date of the expiration of their term of office on December

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31, 1938, as fixed by the terms and provisions of this Act; to provide that all other members of the said Board of Commissioners of Roads and Revenues, excluding the chairman thereof, shall receive as compensation for their services respectively the sum of $15.70 per month instead of $20.70 per month as provided in section 7 of said original Act as amended by the Act approved March 1, 1937, and to amend section 7 of said Act as amended accordingly; to further provide that no one person or Commissioner shall be eligible to serve as chairman of the said Board of Commissioners of Roads and Revenues for a period longer than four successive years, in stead of two successive years, as provided in section 10 of said Act as amended by said Act approved March 1, 1937, and to amend said section 10 of said Act as amended accordingly and to provide that when any member of said board has served as chairman for as long as four successive years he shall not be again elected as chairman of said board until at least one term has expired; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That that certain Act approved December 16, 1937, amending an Act entitled An Act to create a board of Commissioners of Roads and Revenues in and for the County of Wilcox, approved March 23, 1933, as amended by that certain Act approved March 1, 1937 (Ga. Laws 1937, pages 1449 to 1455), be amended in the following respects, to wit: Act of 1937 amended. By striking all of section 1 of said Act so approved December 16, 1937, in the following words, to wit: up to December 31, 1940. They shall each receive the sum of $20.70 per month for the service as performed by them as members of the Board of Commissioners of Roads and Revenues of said County of Wilcox and shall

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be clothed with all the powers and authority as other members of said Board of Commissioners of Roads and Revenues under existing law who are not serving for the time being as chairman of said board and their successors shall be elected from the county at large in the General Election for State House officers in the year 1940 and in the primary election to select candidates to run in said general election the nominees to be elected shall be selected or nominated from the County of Wilcox at large. Four of said Commissioners shall constitute a quorum and must concur to pass any valid order for any contract, or pledge the county's credit, or grant or allow any claim or charge against said County of Wilcox, and by substituting in lieu thereof the following, to wit: up to December 31, 1938. They shall each receive the sum of $15.70 per month for the services performed by them as members of the Board of Commissioners of Roads and Revenues of said County of Wilcox and until the expiration of their term as aforesaid shall be clothed with all the powers and authority as other members of said Board of Commissioners of Roads and Revenues under existing law who are not serving for the time being as chairman of said board, and upon the expiration of the term herein created successors to or for them shall not be elected or chosen. As long as the said two additional Commissioners are serving, four of the Commissioners composing said board shall constitute a quorum and must concur to pass any valid order with respect to any contract, or pledge the county's credit, or grant or allow any claim or charge against said County of Wilcox, and after the term of said two additional Commissioners has expired, three of the members of said board shall constitute a quorum, so that said section 1 of said Act approved December 16, 1937, when and as amended by this Act shall read and be as follows, to wit:

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Section 1. That said Act approved March 1, 1937, amending an Act entitled `An Act to create a Board of Commissioners of Roads and Revenues in and for the County of Wilcox,' approved March 23, 1933, be amended and supplemented by providing that in addition to the five Commissioners for the County of Wilcox to be nominated and elected as provided in said Act approved March 1, 1937, there shall be from and after the passage of this Act two additional Commissioners to be chosen or selected from the County of Wilcox at large and C. C. Burkett of Abbeville and Elbert Brown of Owensboro, Georgia, are hereby named and designated as the two additional Commissioners of said county to serve from and after the passage of this Act up to December 31, 1938. They shall each receive the sum of $15.70 per month for the services performed by them as members of the Board of Commissioners of Roads and Revenues of said County of Wilcox and until the expiration of their term as aforesaid shall be clothed with all the powers and authority as other members of said Board of Commissioners of Roads and Revenues under existing law who are not serving for the time being as chairman of said board, and upon the expiration of the term herein created successors to or for them shall not be elected or chosen. As long as the said two additional Commissioners are serving four of the Commissioners composing said board shall constitute a quorum and must concur to pass any valid order with respect to any contract, or pledge the county's credit, or grant or allow any claim or charge against said County of Wilcox, and after the term of said two additional Commissioners has expired, three of the members of said board shall constitute a quorum. Two more commissioners. Named. Pay for service. Quorum. Section 2. Be it further enacted that section 3 of said amending Act approved December 16, 1937, be amended by striking the figures $20.70 wherever they appear in said section as designating the compensation to be

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received by members of said board other than the chairman thereof, and by substituting in lieu thereof the figures $15.70, so that the members of said board other than the chairman thereof shall from and after the passage and approval of this Act receive as compensation for services to be performed by them as members of said board the sum of $15.70 per month instead of the sum of $20.70 per month. Be it further enacted that section 3 of said amending Act approved December 16, 1937, be further amended by striking the figures Fifty dollars per month wherever they appear either in words or figures in said section as designating the allowance for transportation or traveling expenses to be received by the chairman of said board and by substituting in lieu thereof the words and figures Twenty-five dollars per month so that the chairman of said board shall be entitled to receive an allowance of twenty five dollars per month or so much thereof as may be necessary for transportation or traveling expenses. Pay for services. Allowance for expenses. Section 3. Be it further enacted that section 10 of said Act of March 24, 1933, as amended by said amending Act approved March 1, 1937, (Ga. Laws 1937, pages 1453 and 1454) be amended by striking therefrom the words following, to-wit: 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 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, and by substituting in lieu thereof the words following, to wit: 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

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than four successive years and when any member of said board has served as chairman of said board for as long as four 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, Eligibility. so that said section when and as amended by this Act shall read and be as follows, to wit: 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 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 Road sand Revenues for a period longer than four successive years and when any member of said board has served as chairman of said board for as long as four 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. Chairman. Election. Term. Section 4. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 16, 1938.

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WILCOX COUNTY TREASURER. No. 329. An Act to repeal that certain Act approved August 7, 1923 (Georgia Laws 1923, pages 354-357) which abolished the office of County Treasurer of Wilcox County, Georgia and provided for the designation of a County Depository, so that after the effective date of this Act the County Depository of said county shall be abolished; to provide for the election of a County Treasurer of Wilcox County; to provide for the effective date of this Act; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same: Section 1. That that certain Act of the General Assembly of Georgia approved August 7, 1923 (Georgia Laws 1923, pages 354-357) entitled An Act to abolish the office of County Treasurer of Wilcox County, Georgia; and to provide for the designation of a county depository; to provide for the deposit of funds of said county in said Depository; to provide for the payment out of county funds; and for other purposes and which abolished the office of County Treasurer of said Wilcox County, Georgia and provided for the designation of a County Depository be and the same is hereby repealed so that after the effective date of this Act the County Depository of said county, as created by said Act, shall be abolished. Act of 1923 repealed. Section 2. This Act shall become effective on and be effective after March 1, 1938. Effective date. Section 3. That the Ordinary of said County of Wilcox shall in the manner prescribed by general law call an election for said County of Wilcox to be held prior to the first day of March, 1938, for the election of a County Treasurer of said county and at the said election so called a County Treasurer shall be elected by the qualified

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voters of said county. The County Treasurer so elected shall be vested with all of the powers and subject to all the limitations provided and prescribed by general law for the office of County Treasurer and he shall be entitled to the compensation prescribed by general law for such officer. Election of treasurer. Powers. Section 4. That on March 1, 1938, the County Depository of said County of Wilcox shall deliver over to the County Treasurer of Wilcox County so elected all funds, record, property and assets in its hands belonging to said county, if on said date the County Treasurer so elected shall have taken the oath and given the bond prescribed by law and if not the said County Depository shall deliver said funds to said County Treasurer as soon as he shall have qualified according to law. Delivery of funds, etc. Section 5. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 7, 1938. WILCOX COUNTY TREASURER. No. 356. An Act to repeal that certain Act approved August 7, 1923 (Georgia Laws 1923, pages 354-357) which abolished the office of County Treasurer of Wilcox County, Georgia and provided for the designation of a County Depository, so that after the effective date of this Act the County Depository of said county shall be abolished, to provide for the election of a County Treasurer of Wilcox County; to provide for the effective date of this Act; to prescribe his salary, and fix the minimum amount of his bond; to repeal all conflicting laws; and for other purposes.

Page 911

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 General Assembly of Georgia approved August 7, 1923 (Georgia Laws 1923, pages 354-357) entitled An Act to abolish the office of County Treasurer of Wilcox County, Georgia; and to provide for the designation of a County Depository; to provide for the deposit of funds of said County in said Depository; to provide for the paying out of county funds; and for other purposes and which abolished the office of County Treasurer of Wilcox County, Georgia and provided for the designation of a County Depository be and the same is hereby repealed so that after the effective date of this Act the County Depository of said county, as created by said Act, shall be abolished. Act of 1923 repealed. Section 2. This Act shall become effective on and be effective after April 1, 1938. Effective date. Section 3. That the Ordinary of said County of Wilcox shall in the manner prescribed by general law call an election for said County of Wilcox to be held prior to the first day of April, 1938, for the election of a County Treasurer of said County and at the said election so called a County Treasurer shall be elected by the qualified voters of said county. Election of treasurer. Section 4. The County Treasurer so elected shall be vested with all of the powers and subject to all of the limitations provided and prescribed by general law for the office of County Treasurer and shall perform the duties prescribed by law to be performed by such officer. As compensation for his services he shall receive a salary of one thousand ($1,000.00) dollars per year payable monthly. He shall give bond in the amount of not less than twenty thousand ($20,000.00) dollars for the faithful performance of his duty as Treasurer and conditioned

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as prescribed by law and such bond shall be executed by some corporate surety or bonding company authorized by the laws of the State of Georgia to do business in said State. Powers and duties. Section 5. That on April 1, 1938, the County Depository of said County of Wilcox shall deliver over to the County Treasurer of Wilcox County so elected all funds, records, property and assets in its hands belonging to said county, if on said date the County Treasurer so elected shall have taken the oath and given the bond prescribed by law and if not the said County Depository shall deliver said funds to said County Treasurer as soon as he shall have qualified according to law. Delivery of funds, etc. 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 12, 1958. WILKES TAX-COMMISSIONER'S PAY. No. 4. An Act to amend an Act approved July 22, 1929, creating the office of Tax-Commissioner of Wilkes County, Georgia, prescribing his duties, term of office, compensation and for other purposes by repealing sections five (5), six (6) and seven (7) of said Act and providing in lieu thereof that the compensation of the Tax Commissioner of Wilkes County, Georgia, shall include all amounts which would be received as compensation by both the Tax Collector and Tax Receiver had such offices not been consolidated in one; by providing that such compensation shall be paid as is now provided by law in cases of Tax Collectors and Tax Receivers, 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 sections five (5), six (6) and seven (7) of the Act approved July 22, 1929, reading as follows: Section 5. Be it further enacted by virtue of the authority aforesaid that the Tax Commissioner of Wilkes County, Georgia, shall receive as additional compensation to be paid by Wilkes County, in addition to the sums paid by the State of Georgia heretofore enumerated, one half of the total amounts which the Tax Collector and Tax Receiver of Wilkes County, Georgia, now receive or may hereafter receive as fees, commissions or costs from Wilkes County, Georgia, or as commissions on local, or county wide or other school taxes levied in said county, or from any other source or sources, other than the amounts received from the State of Georgia, so that the total compensation paid such Tax Commissioner of Wilkes County, Georgia, shall include the sums heretofore received or that may hereafter be received from the State of Georgia as were formerly paid both the Tax Collector and Tax Receiver of Wilkes County, Georgia, plus one half (1/2) of the total fees, commissions and costs of the tax receiver and tax collector when added together, which might have accrued to such officers had these offices not been abolished, which they would be entitled to receive from Wilkes County, Georgia, for costs on fi. fas. commissions on county taxes, or school taxes, or from any costs or fees save those from the State of Georgia. Act of 1929 amended. Section 6. Be it further enacted by the authority aforesaid that the compensation of the tax Commissioner of Wilkes County, Georgia, shall be paid from the treasury of Wilkes County by county warrant at the same times, places and manner in which compensation is now paid to the tax Collector of Wilkes County, Georgia, and such payments to the tax commissioner of said county

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shall be in full of any and all claims for any fees, costs, commissions or other charges that have heretofore been or that might hereafter have been collected by the Tax Collector and Tax Receiver from Wilkes County, or the county school authorities for any and all duties performed. Section 7. That the tax Commissioner immediately upon receipt of the same shall pay into the county treasury all fees, commissions, costs, from any source except from the State of Georgia. Be, and said sections five (5), six (6) and seven (7) of the Act aforesaid are hereby striken and repealed. Repeal. Section 2. Be it further enacted by virtue of the authority aforesaid that the Act approved July 22, 1929, be and the same is hereby amended by inserting in lieu of sections five (5), six (6) and seven (7) striken from said Act and repealed, the following section which shall supersede the sections striken both as to subject matter and as to the number of said sections as given, That from and after January 1, 1938, the Tax Commissioner of Wilkes County, Georgia, shall receive as additional compensation to that allowed and paid by the State of Georgia as enumerated in the Act approved July 22nd, 1929, all sums, fees, costs, commissions and other compensation which would be received or paid to both the Tax Collector and Tax Receiver of Wilkes County, Georgia, had such offices not been abolished and consolidated in one as the office of Tax Commissioner of Wilkes County, Georgia. Added pay. The said sums, fees, costs, commissions or other compensation shall be paid to the Tax Commissioner of Wilkes County, Georgia, at the time, and in the manner in which similar fees are allowed and paid to tax collectors and tax receivers under the general laws of the State of Georgia regulating such payments. Costs, fees, etc.

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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 December 3, 1937. WORTH SHERIFF'S BOND REDUCED. No. 19. An Act to reduce the official bond of the Sheriff of Worth County, Georgia, from $10,000 to $5,000; 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 Worth County, Georgia, to enable him to qualify, shall be reduced from $10,000.00 to $5,000.00, and shall be fixed in the amount of $5,000.00. Amount reduced. Section 2. That all laws in conflict with this Act be, and the same are hereby repealed. Approved December 14, 1938.

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TITLE III. SOLICITORS-GENERAL. ACTS. Dublin CircuitSalary Fixed. Solicitor-General's Assistant. Special Criminal Bailiffs. DUBLIN CIRCUITSALARY FIXED. No. 226. An Act to amend an Act abolishing the fee system existing in the Superior Court of the Dublin Judicial Circuit, as applied to the office of the Solicitor-General of said Circuit, approved March 15, 1935, (Georgia Laws 1935, page 856) by increasing and providing that the salary of the Solicitor-General of the Dublin Judicial Circuit shall be fixed at a certain amount 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 the Act approved March 15, 1935 (Georgia Laws, 1935, page 856), abolishing the fee system then existing in the Superior Courts of the Dublin Judicial Circuit, as applied to the office of the Solicitor-General, and fixing the compensation of the said Solicitor-General, be and it is hereby amended by striking from the 2nd and 3rd line of section 2 thereof the words twenty-eight hundred ($2800.00) dollars, and inserting in lieu thereof the words, thirty-six hundred dollars ($3600.00), and by further striking from the thirteenth line of said section 2, the words, five hundred dollars

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($500.00), and inserting in lieu thereof the words, eight hundred ($800.00) dollars; and by further striking from the 15th and 16th lines of said section 2 the words eighteen hundred ($1800.00) dollars, and inserting in lieu thereof the words twenty hundred ($2000.00) dollars; and by further striking from the seventeenth line of said section 2 the words, five hundred ($500.00) dollars, and inserting in lieu thereof the words eight hundred ($800.00) dollars, and by further striking from the thirty-seventh line of said section 2 the words twenty-eight hundred ($2800.00) dollars, and inserting in lieu thereof the words thirty-six hundred ($3600.00) dollars, so that when and as amended the whole of said section 2 of said Act shall read as follows: The salary of the Solicitor General of Dublin Judicial Circuit shall be the sum of thirty-six hundred ($3600.00) dollars per annum, in addition to the sum of two hundred fifty ($250.00) dollars per annum, prescribed in paragraph 1, section 13, of article 6 of the Constitution of the State of Georgia; and in addition to said sums the solicitor-general shall collect and receive from the State all fees allowed by law to Solicitors-General of this State for appearances in Supreme Court and Court of Appeals of the State. The salary herein fixed shall be paid out of the general treasuries of several counties of said circuit, in the same amounts as follows, to wit: Act of 1935 amended. Salary increase. Johnson County shall pay eight hundred ($800.00) dollars per annum. Laurens County shall pay twenty hundred ($2000.00) dollars per annum. Twiggs County shall pay eight hundred ($800.00) dollars per annum. And it shall be the duty of the Ordinary, County Commissioners, or other authority having control of county matters in each of said counties, to cause the part of portion of said salary so assessed against each of said counties

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to be paid the Solicitor-General, in twelve equal month instalments in each year, out of the funds of said counties, that is to say on the first of each month, and upon regular county warrants issued therefor; and it is further made the duty of said Ordinaries, County Commissioners, or other authorities having control of county matters to make provision annually to pay said salary and said sums of money at the same time and in the same manner as expenses of the Superior Courts are provided, and said salary is to be included by the county authorities in the sum fixed as expenses of the Superior Courts, in order to pay the part or portion of salary chargeable against their respective county, as herein set forth, and the power to levy taxes if necessary for such purposes is hereby delegated to said counties, said salary of thirty-six hundred ($3600.00) dollars per annum and the constitutional salary of two hundred fifty ($250.00) per annum, together with all fees earned in the Court of Appeals and Supreme Court, shall be in full payment for the services of said Solicitor-General for all traveling and other expenses, and for all sums paid out by said Solicitor-General for clerical aid and engaged or employed by him, it being the duty of each county however, if it may be done without depriving county officers, to furnish a suitable office for the Solicitor-General. How payable. Tax-levy. Fees. Expenses. Office room. Section 2. This Act to take effect and begin as of December 1, 1937. Section 3. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved January 21, 1938. SOLICITOR-GENERAL'S ASSISTANT. No. 122. An Act to amend an Act of the General Assembly of Georgia, approved on March 30, 1937, and set out

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at length in the printed Acts of the General Assembly for the year 1937, on pages 790, 791, and 792, which Act to be amended provides for the appointment of an Assistant Solicitor General, in lieu of a Special Criminal Bailiff in counties 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) inhabitants, and for other purposes, by adding to said Act to be amended, an additional section to be called section 3, and changing the number of the final section in said Act, which is the repealing clause thereof, from section 3 to section 4; the object of this amendment being to make the original Act, hereby amended, permissive and not mandatory, and to clearly and distinctly provide that the original Act to be amended hereby shall in no event apply to any county or judicial circuit wherein the office of Assistant Solicitor General has otherwise been created by law. Section 1. Be it enacted by the General Assembly of Georgia, and it hereby is enacted by authority of the same, that the Act of the General Assembly of Georgia, which was approved by the Governor of Georgia on March 30, 1937, and which is set out at length in the printed Acts of the General Assembly for the year 1937, on pages 790 to 792 inclusive, the purport and effect of which Act is to provide for the appointment of an Assistant Solicitor General in lieu of a Special Criminal Bailiff in counties 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) inhabitants, in lieu of a Special Criminal Bailiff for the Solicitor General in said counties, be and the same is hereby amended by adding thereto a special section which shall be known as section 3 of said Act, and which said amended section shall read as follows: Act of 1937 amended.

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Section 3. It is the purport and intent of the General Assembly, in the enactment of this law, to authorize, but not require, the appointment of an Assistant Solicitor General, under the terms of this Act, in the judicial circuits and in the counties to which this Act applies; this Act shall have no effect whatever in any county or judicial circuit wherein an Assistant to the Solicitor General, has been, or hereafter may be otherwise provided for by law. Purpose of Act. Where not effective. Section 2. Be it further enacted by the authority aforesaid that section 3 of the original Act hereinbefore described, which is the repealing clause in said Act, be and the same hereby is made section 4 of said original Act. Section number changed. Approved January 10, 1938. SPECIAL CRIMINAL BAILIFFS. No. 343. 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 1920, 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 32,685 and not more than 32,700 according to the United States Census of 1930, and any future census of the United States, and to provide for the appointment of one or more bailiffs in such counties, and to fix the compensation of special bailiffs of the solicitor-generals and the solicitors of the city court of such counties, and to prescribe their duties; 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 808 of the Penal Code of 1910 which provides for the appointment of special criminal bailiffs by the solicitor-generals of the Superior Courts and the solicitors of the city courts in counties having a population of 35,000, or more, as provided for in said Act approved March 28, 1935, is hereby amended by providing that in all counties having a population of not less than 32,685 nor more than 32,700, according to the United States Census of 1930, and any future census of the United States, the solicitor general of the Superior Court shall each be entitled to one or more criminal bailiffs, to be appointed by the solicitor general with the approval of the Judge of the court and to be subject to removal by such judge and solicitor general for misconduct, or other sufficient cause to be judged of by them. Population. Bailiffs appointive. Section 2. That the boards of roads and revenues in such counties or the fiscal agent in such counties shall pay such bailiffs a salary of not less than $150.00 per month. Pay. Section 3. That it shall be the duties of such special criminal bailiffs to prepare all criminal business pending in the courts for which they were appointed, respectively, by arresting defendants, summoning witnesses, serving attachments on witnesses, and performing such other duties in connection with the criminal business of the courts in which they are serving as may be directed by the presiding judge and solicitor general of said court. Duties. Section 4. That all laws or parts of laws in conflict with this Act shall be, and the same are hereby repealed. Approved February 8, 1938.

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PART III.CORPORATIONS

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TITLE I. MUNICIPAL CORPORATIONS. ACTS. Athens Zoning and Planning Laws. Atlanta Education Board Salaries. Atlanta Licenses Revocable. Atlanta Penal Powers. Atlanta Purchasing Agency. Atlanta Water and Sanitation. Augusta Board of Health Pay. Augusta Officers and EmployeesTenure. Bainbridge Appropriations for Schools. Baxley Zoning Regulations. Blackshear Salaries and Loans. Brunswick Street Closing. Buford New Charter. Carrollton CouncilmenElection and Terms. Carrollton Street Improvements. Carrollton Water and Light Commission. Cedartown Commissioners and Manager. Clayton Debt to Acquire Land. Cochran Appropriations from Fines and Forfeitures for Schools and Waterworks. Cochran Bonds and Tax. Cochran Donation of Alley for Post Office. Cochran Sales of Property. College Park Charter Amendments. Columbus Elections. Columbus Taxation. Dawsonville Charter Amendments. Decatur Territorial Extension. Douglas Charter Amendments. Dublin Civil Service. Dublin Water Revenue. Eastman Zoning Regulations. East Point Charter Amendments. East Point Civil Service. Forsyth City Commission. Forsyth Electricity and Water. Forsyth Zoning and Planning. Gray Tax Rate.

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Griffin Retirement Pensions. Hapeville Taxation Purposes. Hartwell Taxation. Hartwell Zoning and Planning. Hawkinsville Appropriations. Hawkinsville Tax Assessments. Hawkinsville Zoning Regulations. Jeffersonville Officers and Voters. Jesup Charter Repealed. Jesup New Charter. Lawrenceville Zoning and Planning. Manchester Charter Amendments. Mansfield Election Candidates. McDonough Election Candidates. McDonough Territorial Limits. Meigs Registration of Voters. Milledgeville Charter Amendments. Moultrie Charter Amendments. Nashville SalariesReferendum. Pine Lake Charter. Quitman School Appropriations. Quitman School-Building Tax. Rest Haven Charter. Roberta New Charter. Rome Charter Amendments. Rome Charter Amendments. Royston Zoning and Planning. Savannah Charter Amendments. Savannah Territory Extended. Shellman Street Improvements. Sylvester Charter Amendments. Thunderbolt Territory Extended. Toccoa Zoning and Planning Laws. Trenton Charter Amendments. Union Point Street Improvements. Valdosta School Appropriations. Waresboro Charter Repealed. Washington Zoning and Planning Laws. Winder Zoning and Planning Laws. Wrightsville Street Improvements. ATHENS ZONING AND PLANNING LAWS. No. 167. 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 and which changed the name of the Town of Athens to the City of Athens and created a charter therefor, as amended by all subsequent Acts relating to the

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charter of the City of Athens and granting to the governing authorities of said city power and authority with respect to said city, by adding a section, empowering the governing authorities of said City of Athens, in addition to all other powers heretofore granted, to pass zoning and planning laws for said city; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That the Act of the General Assembly of Georgia approved August 24, 1872, entitled an Act to amend the charter of the Town of Athens and the various Acts amendatory thereof, which said Act of 1872 changed the name of the Town of Athens to the City of Athens, as amended and supplemented by all subsequent Acts relating to the charter of the said City of Athens and the power and authority of the governing authorities of said city with respect thereto, be further amended by adding an additional section to said Act as amended providing as follows: Act of 1872 amended. The Mayor and Council of the said City of Athens, or such governing authority or authorities thereof as may hereafter be constituted, shall have power and authority to pass and enforce zoning and planning laws with respect to said city and shall have power to regulate the use for which such zones or districts, as may be set apart, fixed and established, shall be used and enjoyed by the owners of property therein and the manner in which real estate in such zones or districts may be improved or developed and to enact such ordinances, rules and regulations with respect thereto as the general welfare, public health or public safety shall authorize or demand. Powers conferred.

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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 January 17, 1938. ATLANTA EDUCATION BOARD SALARIES. No. 225. 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 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 from and after the passage of this Act the members of the Board of Education of the City of Atlanta shall receive a salary of $50.00 per month. Salaries of board members. Section 2. That the President of the Board of Education shall receive in addition to his salary as a member the sum of $25.00 per month. Section 3. That the salaries herein provided shall be paid by the Board of Education out of the funds allocated to them and shall be a part of the expenses of the operation of the public school system of the City of Atlanta, and shall not be an obligation upon the City of Atlanta beyond the sums now paid to the Board of Education. How payable. Section 4. This Act shall become effective on the first day of the month following its passage and approval.

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Section 5. All laws and parts of laws in conflict with this law are hereby repealed. Approved January 21, 1938. ATLANTA LICENSES REVOCABLE. No. 39. 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. The provisions of the charter of the City of Atlanta as embodied in section 103 of the Code of the City of Atlanta of 1924, be and the same are hereby repealed and in lieu thereof the following is inserted, to wit: Section 103. The Mayor and General Council are hereby authorized in their discretion to revoke any licenses or permits issued to social, locker or other clubs, hotels, lodging houses, dance halls, rooming houses, tourist camps, trailer camps or other similar places, beer permits, wine permits, or any other licenses or permits issued under the police power of said city whenever they deem it to the general welfare of the city to take such action, with or without notice to the parties to whom same was originally granted. Revocation of licenses or permits. Section 2. All laws or parts of laws in conflict herewith are hereby repealed. Approved December 21, 1937.

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ATLANTA PENAL POWERS. No. 304. 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. The provisions of the charter of the City of Atlanta as embodied in section 57 of the Code of Atlanta of 1924, which reads as follows: Section 57. Penal OrdinancesFive Hundred Dollars FineThirty days in PrisonAlternative Sentence.The said Mayor and General Council shall have power and authority to prescribe, by ordinance, adequate penalties for all offenses against the ordinances of said city, and to punish offenders by fines, not exceeding five hundred dollars, and imprisonment in the calaboose, not exceeding thirty days, for each offense; to enforce the payment of fines by compelling offenders and those who fail or refuse to pay said fines, to work on the streets or public works or said city. They shall have power to compel offenders, sentence to imprisonment in the calaboose, as aforesaid, to labor on the public works or streets, to be regulated by ordinance. be amended by striking therefrom the words thirty days, and substituting in lieu thereof the words sixty days, so that as amended said section shall read as follows:

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Section 57. Penal OrdinancesFive Hundred Dollars FineSixty days in PrisonAlternative Sentence.The said Mayor and General Council shall have power and authority to prescribe, by ordinance, adequate penalties for all offenses against the ordinances of said City, and to punish offenders by fines, not exceeding five hundred dollars, and imprisonment in the calaboose, not exceeding sixty days, for each offense; to enforce the payment of fines by compelling offenders and those who fail or refuse to pay said fines, to work on the streets or public works of said city. They shall have power to compel offenders, sentenced to imprisonment in the calaboose, as aforesaid, to labor on the public works or streets, to be regulated by ordinance. Increase of punitives power. Section 2. The Aldermen and Councilmen of the City of Atlanta shall have annual salaries of twelve hundred ($1200.00) dollars, each, payable in monthly installments of one hundred ($100.00) dollars, each beginning February 1, 1938. Increased salaries. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 10, 1938. ATLANTA PURCHASING AGENCY. No. 61. 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

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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. There is hereby created the office of Purchasing Agent for the City of Atlanta, which office shall be filled by the election of the Mayor and General Council of some suitable and discreet person to act as a purchasing agent. His term of office is fixed at four years and the same shall be filled at the expiration of the term of the present Purchasing Agent of the City of Atlanta, and the successor so elected shall hold for a term of four years or until his successor has been elected and has qualified. Office created. Term. Election. Section 2. The duties of said Purchasing Agent shall be to secure prices for all supplies of every kind and character required by the various departments of the city; to inspect the same and see that they are what they are represented to be, and that the prices for the same are the best that can be obtained in the local market or elsewhere, and such other duties as may be fixed by the Mayor and General Council. Materials and supplies shall include such items as are normally used or consumed during the current year, and for which a general appropriation has been made and shall include the purchase of automotive equipment, machinery, construction contracts, or other purchases of materials of a permanent or semipermanent nature. Duties. Purchases inclusive. Section 3. Said Purchasing Agent shall have authority to make purchases of goods or materials where the purchase price does not exceed five hundred ($500.00) dollars, and all purchases or contracts to purchase supplies in excess of five hundred ($500.00) dollars may be made by the Purchasing Agent after the same has been approved by the Committee of General Council having jurisdiction over the Purchasing Agent. Amounts of purchases.

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Section 4. The provisions of section 1 of this Act shall not become effective until the end, of the term of office of the present Purchasing Agent, but all other provisions of this Act shall become effective from the date of approval of the same. When Act effective. Section 5. All laws and parts of laws in conflict herewith are hereby repealed. Approved December 24, 1937. ATLANTA WATER AND SANITATION. No. 214. 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. For all police purposes, such as peace, good order, health, morals, the control and regulation over the water pipes, valves, hydrants, meters and accessories used in the supplying of water wherever extended, or through which water is served and supplied by the City of Atlanta Water Works outside the city limits of Atlanta, and for the full distance of all of said water pipes, and for the full length of said mains, and for all pipes and service connections extending therefrom, and for a distance of three hundred (300) feet on all sides of said mains or pipes, the City of Atlanta shall have jurisdiction of the enforcement of all ordinances, rules and regulations

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of said city, having for their purpose the exercise and control over the water service supplied by said city; and furthermore, the city shall have the right to make laws, rules and regulations for the control of water service wherever supplied inside or outside of the city limits, and to fix penalties for the violation thereof. Any person guilty of the violation of any of the ordinances, rules and regulations of the City of Atlanta enacted for said purposes as aforesaid, within the jurisdiction as above extended shall be subject to the jurisdiction of the Recorder's Court of the City of Atlanta in the same manner as for offenses committed within the city limits. Jurisdiction out of city limits extended. Section 2. Any vacant lot in the City of Atlanta on which weeds, debris, trash or waste matter has been allowed to accumulate to such an extent that the presence of such matter on the vacant property creates conditions likely to cause a fire or, spreading of fire, or an imminent danger to the health or welfare of the adjacent community by the spread of disease or epidemic, shall be subject to be declared a nuisance and abated in the manner herein set out. Abatement of nuisances. Section 3. Proceedings for the abatement of the nuisance declared in the above section shall be as follows: The Chief of the Sanitary Department shall cause summons to be issued from the Recorder's Court of the City of Atlanta, directed to the owner, if known and a resident of the City of Atlanta, or if the owner is a nonresident but said property is under the management of an agent of the owner, resident of Atlanta, shall be directed to such agent, to show cause why the nuisance should not be abated. Said notice to set out the particulars in what manner said vacant lot constitutes a nuisance, and the same shall be personally served on the owner, if a resident, and upon his agent if he is not a resident, and if the owner is unknown and his residence is unknown, with no resident agent in charge of said property, then by

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publication one time in a newspaper of general circulation, published in the City of Atlanta, five days before the date of the hearing, such summons and notice shall state the time and place of the hearing to be had in the Recorder's Court of the City of Atlanta. Procedure. Notice. Section 4. If on said hearing before the recorder it shall be adjudged that the said nuisance should be abated the judgment of said recorder shall provide that unless said nuisance be abated within five days by the party proceeded against, the Chief of the Sanitary Department or his assistants shall be authorized to enter upon said vacant property and abate said nuisance by the cleaning off and removal of the matter thereon constituting the nuisance, which shall be done by said city authorities at the expense of the owner and charged against the property, and judgment for costs of court. Abatement at owner's expense. Section 5. In the event the Chief of the Sanitary Department or his assistants abate said nuisance, the actual cost and expense of said city in clearing away and removing said matter declared to be a nuisance shall be declared a charge and a lien upon the said property on which said nuisance was abated. Said charge and lien shall be fixed in the following manner: Upon the abatement of said nuisance the Chief of the Sanitary Department shall render a written statement to the owner of said property if known, or to the owners agent if the owner be a nonresident, or if the residence of the owner be unknown or the owner be unknown, by publication in a newspaper of general circulation in the City of Atlanta, by being published one time, showing the actual cost of abating said nuisance and demanding the payment of said expense, and if the same be not paid within thirty days from the date of said notice, the Chief of the Sanitary Department shall certify to the Mayor and General Council a statement showing the actual cost of abating said nuisance and the cost of advertising, and

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the Mayor and General Council are authorized by ordinance to declare said charge and expense a lien against the real estate on which said nuisance was abated, which lien or charge may be enforced by execution, levy and sale in the manner as executions now authorized under the provisions of the charter of the City of Atlanta for street improvements. The property owner shall have the same rights and defenses to the said execution as now exist in defense of executions issued under assessments for paving of streets. Cost and expense a lien on property. Statement. Enforcement of lien. Section 6. No person, firm or corporation shall be authorized to maintain or operate a tourist or trailer camp in which accommodations or provisions for transient persons traveling by automobile or trailer until and unless permission has been granted by the Mayor and General Council, and said Mayor and General Council shall have authority to fix and designate the localities in which said camps may be operated, and fix by ordinance and provide penalties therein, rules and regulations for the operation of said camps. Permit for tourist and trailer camps. Section 7. All laws and parts of laws in conflict herewith are hereby repealed. Approved January 21, 1938. AUGUSTA BOARD OF HEALTH PAY. No. 287. An Act to amend an Act entitled: An Act to repeal an Act entitled, `An Act to authorize the City Council of Augusta to create a Board of Health for said city,' approved February 26, 1877, amended August 23, 1879, amended December 8, 1880, amended August 15, 1922, and amended August 2, 1924; to combine the Board of Health of the City of Augusta with the the Board of Health for Richmond County, and said

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combined body to be known as the `Richmond County Department of Health,' the jurisdiction of said body to extend over both the city and county; and for other purposes, approved August 22, 1931, so as to repeal section 4 of said Act which prohibits members of the county board of health from receiving a salary; and to fix a salary or per diem for the members of said board; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by virtue of the same, that on and after the passage of this Act, the Act entitled: An Act to repeal an Act entitled, `An Act to authorize the City Council of Augusta to create a board of health for said city,' approved February 26, 1877, amended August 23, 1879, amended December 8, 1880, amended August 15, 1922, and amended August 2, 1924; to combine the Board of Health of the City of Augusta with the Board of Health for Richmond County, and said combined body to be known as the `Richmond County Department of Health,' the jurisdiction of said body to extend over both the city and county; and for other purposes, approved August 22, 1931, is hereby amended by striking from said Act section 4 thereof, which is And members of the county board of health, other than the Commissioner, shall receive no salary. Act of 1931 amended. Section 2. The members of said board, excluding the ex-officio members thereof, shall each be paid by said board a per diem of five ($5.00) dollars for each meeting of said board provided no member shall receive in excess of ten ($10.00) dollars for any particular calendar month. Pay per diem of board members. Section 3. All laws or parts of laws in conflict with this Act are hereby repealed. Approved February 2, 1938.

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AUGUSTA OFFICERS AND EMPLOYEESTENURE. No. 117. An Act to amend an Act granting a charter to the City of Augusta, incorporating it as the City Council of Augusta (Georgia Laws 1798) approved January 31, 1798 and the several Acts amendatory thereof so as to provide for the permanent tenure for certain officers and employees of the City Council of Augusta; to exempt certain officers and employees from the operation of this Act; to provide for rules of probation of present and future officers and employees affected by this Act; to provide that certain present employees and officers, on the conditions and at the time herein fixed, shall become permanent employees under the terms of this Act; to provide terms of employment; to provide rules and regulations for such employees and officers; to provide a manner of terminating such permanent employment; to authorize the City Council of Augusta to adopt certain rules and regulations relevant to such employees and officers hereunder, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the charter of the City Council of Augusta be and it is hereby amended by providing for the permanent tenure of certain officers and employees of the City Council of Augusta on the terms and conditions herein provided for. Charter amended. Section 2. There is included within the provisions of this Act all employees of the City Countil of Augusta who otherwise meet the descriptions and definitions herein and who are not specifically excluded under the terms of this Act. There is excluded from the provisions of this Act the employees of the University Hospital;

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officers elected by a vote of the electorate; members of the city fire and police departments; casual employees; the mayor's secretary, mayor's stenographer; special officer to the mayor; city attorney and assistant city attorney. Employees included and excluded. Section 3. Definitions. As used in this Act, the following terms and phrases shall have the following described meanings, to wit: Words defined. (a) Employee shall include all employees and officers of the City of Augusta elected by city council, appointed or employed by the mayor, a council committee, or committee chairman, upon authority of the city council, if he comes with the included designation as set forth in section 2 of this Act. (b) City and city council shall mean the City Council of Augusta. (c) The masculine shall include the feminine and singular the plural, wherever the context requires it. (d)Effective date shall mean the first day following the approval of this Act by the Governor. (e) The term year as used herein defining the probationary period of any employees shall mean two hundred and seventy-five (275) working days of twelve consecutive months period of continuous employment, including such period as may have been or may be allowed for annual vacations. (f) Employment shall include service in office. (g) Continuous employment shall mean employment unbroken by discharge or resignation. Re-election, or re-appointment at the end of a term shall be regarded as continuous employment. (h) Temporary employee is defined as one who has not been employed for the requisite probationary period

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provided by this Act, so as to become a permanent employee. (i) A permanent employee is an employee who has been continuously employed for the requisite probationary period as provided by the terms of this Act. (j) A casual employee shall mean an employee who is employed at different times and periods for special or temporary work and whose employment is not, under the terms of this Act, continuous for the probationary period herein provided for. Section 4. The probationary period is hereby fixed as one (1) year of continuous employment either before and/or after February 1, 1939. No time prior to the effective date of this Act shall be counted or included in the probationary period. Period of probation. Section 5. All persons who are on February 1, 1939, or thereafter become permanent employees as herein provided by having served the requisite probationary period and otherwise coming within the terms of this Act shall continue in their employment until such employment is terminated as hereinafter set out. Persons within Act. Section 6. On and after February 1, 1939, the tenure of permanent employees shall be until they are removed or discharged for the following reasons, only whether committed prior to or after the date of the passage of this Act: Tenure. (a) Failure of an employee to pay any of his just debts when ordered to do so by the City Council of Augusta. Reasons for discharge. (b) Dishonesty; or immortal conduct; or insubordination. (c) Mental or physical incapacity to discharge the duties of the position held by such employee.

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(d) Drunkardness or use of intoxicating liquors, narcotics or other habit forming drugs to such an extent that the use thereof has or will interfere with the mental or physical fitness of the employees, or which interferes with the employee properly performing the functions and duties of his position in any manner, or being under the influence of intoxicating liquors in any public place. (e) Final conviction of a felony or misdemeanor involving moral turpitude. (f) Discourteous treatment to the public or any other act of omission or commission seriously tending to impair the municipal service. (g) Violation of any rules of the city council promulgated for the governing of the employees of the city. Section 7. The City Council of Augusta may discharge, demote, reduce or suspend without pay any permanent employee or may delegate to the mayor or to a committee of council, or to a chairman of the committee of council the power to discharge a permanent employee for violation of any of the preceding sections of this Act. Discharge by City Council. Section 8. Upon being so discharged, suspended without pay, demoted or reduced in rank, such employee may within ten (10) days of such discharge, file a written demand with the clerk of council for an investigation of such charges and for a written statement of the charges upon which such discharge, suspnesion, demotion or reduction in rank was made and it shall become the duty of the clerk of the City Council of Augusta to furnish to the mayor, city council, council committee, or committee chairman discharging such employee with a copy of the demand for an investigation of said charges. Thereafter it shall be the duty of the city council, or mayor, or committee, or committee chairman discharging, suspending or demoting such person to file with the

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clerk of the city council a written statement of the grounds of such discharge, suspension or demotion. This statement shall be filed within five (5) days from the receipt of the demand therefor and within five (5) days after such filing be furnished to the employee by the clerk of the council or his deputy, upon his calling at the office of the clerk therefor. Thereafter within ten (10) days from the date of furnishing to such employee copy of such charges, the city council shall, after not less than five (5) days notice to the employee, conduct an investigation and public trial of such charges, with the right of the employee to be present and be represented by counsel and/or any other committee of his choosing not exceeding five (5) in number, and to subpoena witnesses and to offer testimony. Upon the conclusion of such hearing, council shall vote on the question of whether the charges against the employee shall be sustained or whether he shall be reinstated. If found not guilty, he shall be reinstated and his salary, wages or compensation, shall be uninterrupted. If found guilty, by a majority vote of the total membership of council he may be discharged, suspended further without pay or reinstated with a loss of pay for the time he has been under suspension. Demand for trial. Statement of grounds. Investigation. Vote on charges. Section 9. Any citizen may prefer charges in writing by filing such charges with the clerk of council. A copy of such charges shall thereafter, within ten (10) days, be personally served upon such employee by the clerk of council or his deputy. The trial of such employee shall thereafter proceed as set out in section 8 hereof. Citizen may prefer charge. Section 10. Nothing herein contained shall restrict the rights of the City Council of Augusta to bona fide abolish any position held by any permanent employee or other employee, provided, however, that if abolition of position is restored to as subterfuge to discharge such employee, he shall have his action therefor as of breach of contract. Abolishment of position.

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Section 11. No permanent employee shall be discharged, demoted, or suspended for any political belief, or failure to vote in any particular way, nor for membership in or affiliation with any organization, labor union or other association that does not affect his efficiency as an employee. Matters no cause for discharge. Section 12. The City Council of Augusta shall make all necessary rules and regulations for the carrying into effect of this Act and for the employment of future employees including provisions for a physical examination of future employees. Rules and regulations. Section 13. City council shall have the right to transfer any employee from one position to another. Such employee shall receive the salary then fixed, or thereafter fixed for the position to which transferred. Transfers. Section 14. All Acts or parts of Acts in conflict herewith are hereby repealed. Approved December 31, 1937. BAINBRIDGE APPROPRIATIONS FOR SCHOOLS. No. 169. An Act to amend section twenty-one of an Act to create a new charter for the City of Bainbridge, (Ga. Laws 1901 pp. 321-329), and Acts amendatory thereof, said section dealing with the powers of the Mayor and Aldermen, by enlarging the powers of the Mayor and Aldermen so as to vest said officers with the power to make appropriations from funds derived from fines and forfeitures, specific, privilege, franchise or occupation taxes, and from the municipally owned or operated water works and such other plants, business or utilities

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as may be owned or operated by the city, for the purpose of operating and maintaining the public schools of the city; and for other purposes. Be it enacted by the General Assembly and it is hereby enacted by authority of the same: Section 1. That section 21 of the Act approved December 16, 1901 (Ga. Laws 1901, pp. 321-329), creating a new charter for the City of Bainbridge, be and the same is hereby amended by adding at the end of said section 21, which section defines the powers of the Mayor and Aldermen, the following subsection to be known as subsection 28, to wit: Act of 1901 amended. In addition to the powers herein enumerated, the Mayor and Aldermen are authorized to make appropriations and payments from funds derived from fines and forfeitures, specific, privilege, franchise or occupation taxes, and from the municipally owned or operated water works and such other plants, business or utilities as may be owned or operated by the city for the purpose of paying the cost and expenses of operating and maintaining the system of public schools in said city. Such appropriations for the aforesaid purposes may be made when, in the judgment of the Mayor and Aldermen, the revenue derived from the levy of taxes for school purposes is insufficient to meet the cost and expense of operating and maintaining the system of public schools in said city. The power to determine when and to what extent such deficiency in revenue from the levy of taxes for school purposes exists is hereby vested in the Mayor and Aldermen, and for the purpose of determining the amount of funds necessary to be appropriated from the sources above enumerated the Mayor and Aldermen are hereby vested with the authority to require the Board of Trustees of the public schools of said city to furnish inform

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data, estimates, detailed reports of expenditures and estimated cost of operating and maintaining the public school system of the city. Sources of appropriations for schools. Power to determine. Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. Approved January 17, 1938. BAXLEY ZONING REGULATIONS. No. 93. An Act to amend the charter of the City of Baxley as created by the Act approved August 21, 1911 (Ga. Laws 1911, pages 700-728) as amended by subsequent Acts, so as to authorize the mayor and councilmen to adopt zoning regulations by ordinance; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Act creating and establishing the charter for the City of Baxley approved August 21, 1911, and the several Acts amendatory thereof, are hereby amended by authorizing the mayor and councilmen to adopt zoning regulations as herein provided. Act of 1911 amended. Section 2. The Mayor and Councilmen of the City of Baxley are hereby authorized in the interest of public health, safety, order, convenience, comfort, prosperity and general welfare, to 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 height of buildings or other structures, or the area or dimensions of lots or of the years used in connection with buildings or other structtures, or for the purpose of regulating alignment of buildings or other structures near street frontage. Zoning regulations may be based upon any one or more of the purposes

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above described. The city may be divided into such number of zones or districts of such shape and areas as the mayor and councilmen shall deem best suited to accomplish the purpose of zoning regulations. In determining and establishing districts and regulations, classifications may be based on the nature or character of trade, industry, professions or other activity conducted or to be conducted upon the premises, the number of persons, families or other group units to reside in or use buildings, the public, quasi public or private nature of the use of the premises or upon any other basis or bases relative to the promotion of public health, safety, order, morals, convenience, prosperity or welfare. Plans for districts or zones. Regulations. Basis. Section 3. The Mayor and Councilmen of the City of Baxley are further authorized in any districts or zonings 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 provide such other and similar regulations and restrictions as shall secure the peace and good order of the city and the residents thereof. Residences. Regulations. Section 4. All ordinances or amendments thereto authorized by either of the above sections of this Act shall be adopted, subject to the following provisions of this Act, in the same manner provided by law for the adoption of other ordinances by said mayor and councilmen. Ordinances. Section 5. No ordinance adopting zoning regulations as herein authorized shall be passed by the Mayor and Councilmen of the City of Baxley until after a comprehensive plan for the zoning of the city has been prepared and submitted to the mayor and councilmen by a zoning commission of said city as herein provided for. Whenever said zoning commission shall certify to the mayor and councilmen a plan for the zoning of the city, the mayor and councilmen shall hold a public hearing

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thereon and shall give 30 days notice of the time and place thereof in a newspaper of general circulation in the city, and during the said 30 days a copy of such plan and proposed ordinance shall be on file for public examination in the office of the clerk of the City of Baxley. Comprehensive plan. Hearing after notice. Section 6. The Mayor and Councilmen of the City of Baxley may from time to time amend or change the regulations or districts established by zoning ordinances, but no such amendment or change shall become effective unless the ordinance proposing the same shall be first submitted to the zoning commission for approval or disapproval, and said commission shall be allowed a reasonable time, not less than 30 days, for consideration of such ordinance and report thereon. The approval of the zoning commission shall not be necessary before the passage of an ordinance amending zoning regulations. Changes. Section 7. The zoning commission herein referred to shall be composed of 3 citizens, taxpayers and freeholder of the City of Baxley to be named and appointed by the mayor and councilmen for a term of 4 years, and shall serve without compensation and until their successors are named and appointed. Their duties shall be to consider with the mayor and councilmen, plans and regulations for the zoning of the City of Baxley in the first instance, under the terms of this Act, and to consider and approve or disapprove proposed amendments to such zoning laws and regulations as may come before them in the future. Commission. Four-year term. No pay. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 29, 1937.

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BLACKSHEAR SALARIES AND LOANS. No. 288. An Act to amend an Act to provide and establish a charter for the City of Blackshear, Pierce County, State of Georgia, approved the 15th day of August 1911, as subsequently amended by the various amendatory Acts thereto so as to provide for the salaries of aldermen of said city; to authorize and empower the council and mayor of said city to borrow money for and in behalf of said city; to provide and authorize the pledging of assets of said city and the assets of the sinking fund for collateral for said loans to said city; to amend and provide for the rate of taxation in said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the charter of the City of Blackshear established by the Act of the General Assembly approved on the 15th day of August 1911, as amended by Act approved on the 14th day of August 1914, and other amendatory Acts, be and the same is hereby amended as follows: Section 1. That section 23 of the charter of the City of Blackshear as appears on page 747 of the Georgia Laws of 1911, and other amendatory Acts, be and the same is amended as follows: By striking the word twelve as appears in said section, and substituting in lieu thereof the word seventy-five, so that when amended said section shall read as follows: Charter of 1911 amended. Section 23. Be it further enacted, that the compensation or salaries of the mayor and aldermen, and all other officers, servants, and employees of said city, shall be such sums as the city council may fix; provided, however, that the mayor's salary shall not exceed three hundred dollars a year, and that of the alderman shall not exceed the sum of seventy-five dollars each a year, but

Page 949

the mayor and aldermen, and such other officers as they designate, shall in addition thereto be relieved of street tax and street duty. Salaries limited. Section 2. Be it further enacted by the authority aforesaid that section 24 of said charter as appears on page 747, 748, and 749 of the Georgia Laws of 1911, and subsequent amendments to said section of said charter be and the same is hereby repealed, and a new section substituted in lieu thereof to read as follows: Section 24. Be it further enacted, that the said City Council shall have the right and power to raise necessary revenue to properly carry on the government of said city, to build sewers, procure water supplies, to make, open, grade, pave, repair, and keep in order the lanes, street, and bridges of said city, to light same, to properly police the same, to pay salaries, costs and expenses of the city officers and employees, to establish and maintain a fire department, to erect and maintain suitable buildings and offices, and to furnish, maintain and regulate all things needful and appertaining to the protection of life, liberty and property, the suppression of crime, the maintenance of law and order, payments of debts of the city, for educational purposes, for cemetery purposes, for the care of the poor, for establishing and maintaining necessary squares, parks and play grounds, for quarantine purposes, for caring for prisoners and providing means and places for their detention and punishment, and for all such other purposes as will tend in the discretion of said council to add to the comfort, safety, convenience, benefit, health, advantage of said city and of the citizens thereof, and for the improvement of said city, as may in their best judgment be necessary and for other purposes in order to properly carry on the city government, as herein indicated, and not specifically forbidden by law, to levy and collect a street tax or capitation tax on all male inhabitants of the city, subject under the law to

Page 950

pay such tax. Also a tax not to exceed five (5) per cent. on all the property within the corporate limits of said city, which is subject to State tax under the constitution and laws of this State, and also to impose and collect such tax as they, the city council, may deem necessary and proper upon all trades, business callings, professions, sales, labor and pursuits, except such as are exempt from municipal tax under the laws of this State, and may enforce payment of the same by license or direct tax in such manner as they may determine to be best and most advantageous; but all taxation on property shall be uniform on the same class of subjects and ad valorem on all subjects to be fixed in said city. Each and every itinerant trader, irregular or occasional dealer, his agents, or consignees, who shall neglect or refuse to render in the amount of goods, wares and merchandise sold by him or them, which is subject to be taxed by the ordinances of said city, immediately after the sale of the same, and to pay the sum in the discretion of said city council as a tax thereon, shall forfeit and pay a sum in the discretion of the city council, not exceeding one hundred dollars, for which execution may issue and to be collected as other executions in said city are issued and collected. All persons subject to taxation who shall refuse or neglect to render in his, her, or their property, or pay the tax on the same when required by the ordinances of said city, may be proceeded against by having their property double taxed, and by execution in the same manner and according to such rules and ordinances as have been or may be adopted by the city council to enforce the collection of such taxes; provided that the city council may in their discretion relieve such property of a double tax, any portion thereof, or other penalty upon good and satisfactory reason shown. New section 24. Revenue powers and purposes. Taxes. Penalties. Double tax. Section 3. Be it further enacted by the authority aforesaid that the council of the City of Blackshear, with the approval of the Mayor shall have the power and

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authority, and such power and authority are hereby vested and delegated to them to borrow money in the name of the said city to carry on the governmental affairs of said city, to build, maintain, pave, repair the streets, lanes, side walks, and bridges in said city, and the said council and mayor are hereby authorized and empowered to pledge on behalf and in the name of said city the assets, and to pledge, put up as collateral the assets, certificates, securities, and bonds in the sinking fund of said city as collateral for such sums borrowed and loans made. Power and authority are hereby vested in the council and mayor of said city to execute notes or other instruments necessary to the borrowing of said money; provided, however, that the amount borrowed as authorized in this section shall not exceed an amount equal to seven per cent. of the total valuation of all taxable property within the corporate limits of said city. Borrowing powers. Purposes. Amount limited. Section 4. Be it further enacted by the authority aforesaid that section 66 of the charter of said city as appears on page 779 of the Georgia Laws of 1911, and other amendatory Acts thereto, be and the same is amended as follows: By striking from said section the words within the parenthesis, which said words are: (provided, that the entire amount of taxes which can be legally levied in said town shall not exceed one and one-half per cent. per annum). Repeal of tax limitation. Section 5. All laws and parts of laws in conflict herewith are hereby repealed. Approved January 31, 1938. BRUNSWICK STREET CLOSING. No. 13. An Act to amend the charter of the City of Brunswick; to confer certain additional powers therein named upon its City Commission, with respect to closing certain

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portions of Glynn Avenue in the said City of Brunswick, including the right to convey such portions of the said street; and for other purposes. Section 1. Be it hereby enacted by the General Assembly of the State of Georgia, that the City of Brunswick, acting through its City Commission, shall have the right and power to close the following described portions of that certain street or highway running through said city known as and called Glynn Avenue: (a) Glynn Avenue from the northern line of the corporate limit of said city southerly to the northern line of the intersection of said Glynn Avenue with the road running from said Glynn Avenue to the Gulf States Creosoting Company, said portion of Glynn Avenue being a strip of land sixty feet in width and six hundred feet in length. Glynn Avenue. (b) Glynn Avenue from a point where the northern line of Montpelier Tract Lot Numbered Eighteen (18) is projected eastwardly across said Glynn Avenue and from said point southerly to the easterly line of the new right of way granted by Hercules Powder Company to the State Highway Board of Georgia, dated September 30, 1937, where said right of way so granted intersects said Glynn Avenue. Section 2. Be it further enacted by the authority aforesaid, that at any time after the passage of this Act the City of Brunswick, acting by its City Commission, is hereby empowered to authorize the conveyance to the adjoining and abutting property owners of all or any portion of the said street and highway described in the preceding section upon such terms and with such reservations or restrictions, and with or without consideration as said commission, in its absolute discretion, may deem to be wise and to the best interest of said city. Authority to convey.

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Section 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with any provision of this Act are hereby repealed. Approved December 14, 1937. BUFORD NEW CHARTER. No. 69. An Act to create a new charter and municipal government for the City of Buford; 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; and for other purposes relating 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 the inhabitants of the territory hereinafter described, all of which is located in Gwinnett County, State of Georgia, be and they are hereby incorporated under the name and style of the City of Buford, 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, casements, and hereditaments, within or without its corporate limits, now belonging to said City of Buford, shall be and are hereby vested in the said City of Buford as created by this Act; and the said City of Buford, 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

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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 Buford shall have the right and power to purchase, hold, rent, lease, sell, exchange, enjoy, possess and retain in perpetuity, or for any term of years, any property, estate, real or personal, lands, tenements and hereditaments of whatsoever kind, within or without the limits of said city, for corporate purposes; and said City of Buford shall have the right to rent, lease, or operate any and all public buildings for any purpose whatsoever; and said city shall have the right and power to receive gifts, donations, bequests and public trusts, and agree to conditions and terms accompanying the same, and the commission of said city is herein empowered to bind said city to carry out the same. Said City of Buford, as created by this Act shall succeed to all the rights and remedies of, and is hereby made responsible as a body corporate for, all the legal debts, liabilities and undertakings of the present City of Buford, and its former governing authorities as a body corporate, as heretofore incorporated. Incorporation. Name. Powers, rights, and remedies. Section 2. Be it further enacted that the corporate limits of the City of Buford, in the County of Gwinnett, shall extend to and embrace all the territory within the limits described as follows: 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; 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; 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

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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 along the right-of-way line of the said Atlanta and Gainesville highway to and including the intersection of the old Buford and Gainesville highway with the new Atlanta and Gainesville highway; thence at right angles across said highway to the north right-of-way line of said highways; thence in a westerly direction along the north right-of-way line of the said old Buford and Gainesville paved highway to a corner; thence north 53 degrees west to beginning point at center of northbound track of the Southern Railway Company at Cole's crossing. Territorial limits. 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 three 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 Buford, 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; 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

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to or against the city shall be made upon 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, and shall be elected by the consolidated vote of the entire city. Said commissioners shall be elected for a term of three 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. Commissioners eligible. Election. No salary. Chairman's duties and powers. Service of process. Election and term. Section 4. Be it further enacted by the authority aforesaid, that on the first Saturday in October, 1938, and on the first Saturday in December each year thereafter, an election shall be held for the purpose of electing said commissioners, whose terms shall begin on the first Monday in January thereafter, except as hereinafter provided. In the first election held under this charter, the three candidates receiving the highest number of votes shall be declared elected as commissioners; from said three so elected, the one receiving the highest number of votes shall serve for a term of three years, the one receiving the next highest number of votes shall serve for a term of two years, and the one receiving the next highest number of votes shall serve for one year. After the first election held under this charter, all commissioners elected shall serve for the term of three years. All commissioners shall serve until their successors are elected and qualified. The present mayor and councilmen shall remain in office until the first Monday in January, 1939. 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,

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as herein provided, or any other election held in said city; provided, they have registered their names, occupations, ages and residences in the office of the Secretary of said Buford City Commission, as required by this Act, and shall have been bona fide residents of said city for six (6) months next preceding their registration, as hereinabove provided. Voters qualified. Section 6. Be it further enacted by the authority aforesaid, that the secretary shall open a list for registration of voters and shall keep a voter's book open for registration at his office at any and all times when his office is open for payment of taxes or other business, except as hereinafter provided. There shall be kept in said book a separate list of white and colored voters in which book shall be subscribed the name of the person entitled to vote in said city, his or her age, place of residence and occupation. Said secretary must not permit any one to register who is not entitled to do so and if he does knowingly he shall be discharged from office. The voter's book and registration list shall be closed as to the regular election for city commissioners ten days prior thereto of each year and no person shall be permitted to vote at any regular election unless his or her name appears upon the registration list and voter's book. Said registration shall be permanent and all names registered as herein provided shall remain upon said list and be qualified to vote at any election so long as said voter shall not become disqualified or his or her name striken from the registration list as hereinafter provided. It shall be the duty of the secretary to check the voter's list from time to time and upon finding the name of any voter who has become disqualified by failure to pay taxes, including street taxes, removal from the city, removal from the voters' list by the registrars of the county on account of the failure to comply with the requirements of the State Laws or the Constitution, or other legal laws, he shall furnish the City Commissioners with a list of such names and it

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shall be the duty of the City Commissioners to revise the registration list and determine whether or not the name of such voter should be stricken from the list, after the clerk has given five days' notice to said voter, if a resident of said city, said notice to be either served personally by the marshal or a city policeman or by mailing the same to the best known address of the voter. At the time fixed in the notice the voter shall have the right to be heard by the City Commissioners before any final action is taken, if he or she so desires. Before any person shall be entitled to register and vote in any election held in said city he shall be at least twenty-one (21) years of age, and shall have resided in said city continuously for a period of six (6) months next preceding the date of said election, and shall have paid all taxes due the State, county and said city, including street tax, up to the year of said election, and shall otherwise be qualified and competent to vote for members of the General Assembly. The City Commissioners shall prescribe such further rules and regulations in regard to registering and in regard to the revision of the registration list, and shall have authority they deem fit and necessary to appoint a board of registrars, fix their salary, prescribe the duties by ordinance, provide by ordinance the penalty for illegal voting and registering in elections held in said city. Registration of voters. Disqualification of voter. 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 residents of persons registered, which list shall be returned to the secretary when said elections are over. The presiding managers 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 Buford, and have been a bona fide resident of said city for six (6) months immediately preceding

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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. Lists of voters. Oath. Illegal voting. Penalty. 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 Buford. 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 presentat 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 Buford (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 Buford and the laws of the State of Georgia, nor knowingly prohibit anyone from voting who is entitled by law to 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 of managers. Section 9. Be it further enacted by the authority aforesaid, that at the first meeting of said commission in 1939, or so soon thereafter as possible, said commission shall

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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 first Saturday in October, 1938, 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 seven (7) o'clock A. M., to six (6) o'clock P. M., Eastern 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. Polls. Advertisement of places. Managers. Hours. Section 10. All general elections shall be held under the system known as the Australian Ballot 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 secret.

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Section 11. 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 Buford City Commission, and delivered by one of said managers to said commission at a meeting to be held at the city hall at the next regular meeting of said commission, 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 secretary of the commission of the City of Buford 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 secretary, without examining the same himself, or permitting others to do so. And if the secretary or 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. Certificate by managers. Result. Further regulations. Penalty on violation. Section 12. 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.

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Provided, however, that should said vacancy not exceed a term of one (1) year, the remaining members of said commission shall have a right to appoint a qualified elector of said city to fill the said vacancy for the unexpired term. Vacancy in office, how filled. Section 13. 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 Buford 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 Buford, the Constitution and laws of the State of Georgia, 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, in any election 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 Buford, 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 I will be governed by my convictions as to the public good, so help me God. Oath of office by commissioners. Section 14. Be it further enacted by the authority aforesaid, that no candidate for commissioner shall, before his election, directly or indirectly promise any person to appointment or vote for such person, or any

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other person, to any office, agency or employment in the government of said city. For a violation of this provision, said candidate making such 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. Promises forbidden. Penalty. Evidence. Section 15. 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 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 (1/4) of the qualified voters who were registered and qualified to vote in the last preceding

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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 thirty (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. 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 Buford, his office shall be filled in accordance with the provisions of this charter, and any person recalled may be considered a candidate. Recall vote. 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 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

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of the commission of 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. Repeal of ordinances. Section 16. 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. Election, when held. 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

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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. Forbidden acts. 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 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 two thousand four hundred ($2,400.00) 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 one year from the time his term of office expired. The powers and duties of said city manager shall be: City manager. Salary. Eligible persons. (a) To see that the laws and ordinances are enforced. Duties and powers of city manager. (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.

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(d) To exercise control over all departments created herein or that may hereafter be created by the commission. (e) To attend all meetings of the commission with the right to take part in the discussion, but having no vote. (f) To recommend to the Commissioners for adoption such measures as he may deem necessary or expedient. (g) To keep the commission fully advised as to the financial condition and needs of the city. (h) To make the commission a budget each year, at the time of levying taxes, showing the estimated income and expenditures of the city for the ensuing year. (i) To perform such other duties as may be prescribed by this charter, or be required of him by ordinance or resolution of the commission. 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. 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. Duties of commissioners. 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,

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and said arrests, and said commissioners are empowered to commit such persons to the common jail of Gwinnett County, or admit to bail such offenders (provided the offense is bailable) for their appearance before the next Superior Court of Gwinnett County or City Court of Buford thereafter, and it shall be the duty of the jailer of said county or city to receive all such persons so committed and safely keep the same until discharged by due course of law. Judicial functions. Section 21. Be it further enacted by the authority aforesaid, that said commission shall hold a regular monthly meeting on the first Monday 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 two 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 nay, 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. Two commissioners shall constitute a quorum at any meeting for the transaction of any business; and it shall require the affirmative vote of two commissioners to adopt any measure, ordinance, or resolution, except in the case of the initiative or referendum as herein provided. Meetings. Rules. 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

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duties of the chairman in case of his absence or inability to act for any reason. Chairman pro tem. 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 Buford City Commission; a superintendent of public works, a city attorney, a 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 Buford, 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. City officials. Salaries. Bond and oath. Consolidation.

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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 treasurer. 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 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. Manager's 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,

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except as herein provided, may be passed at the time it is offered. Two members of the commission must vote affirmatively to pass any ordinance or resolution. Ordinances and resolutions. 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 exercises all other powers conferred upon them by this Act, or that may be done or exercised under the laws of this State, conferring powers upon municipal corporations; provided, said laws, ordinances, rules and regulations are consistent with the laws of this State. Rules and regulations of matters generally.

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Section 29. Be it further enacted by the authority aforesaid, that in the event the City of Buford, 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 Buford 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 Buford 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 Buford 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 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,

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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 Buford, 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 Buford, the said City of Buford shall be liable therefor. Streets, powers as to. Section 30. 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. Abatement. Section 31. 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 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.

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Section 32. 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. Regulation of animals at large, etc. Section 33. 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 Gwinnett 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. Punishment for violations of ordinances. Section 34. Be it further enacted by the authority aforesaid, that the said city commission shall have full power and authority to organize a chain-gang 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 chain-gang, on the street or other public works of said city as said commission may direct. Chain-gang. Section 35. Be it further enacted by the authority aforesaid, that said commission may codify all ordinances

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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 Buford, 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 ordinances. Section 36. 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 chain-gang 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, subpoenas 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 on 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 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. Powers. Rules and regulations.

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Section 37. Be it further enacted by the authority aforesaid, that it shall be the duty of the city recorded 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 duties. Section 38. 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. Forms of accusations, etc. Section 39. 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 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

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to appear and submit to trial at the next regular sitting of the court, said forfeiture shall become final and the clerk shall issue excution 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. Attendance on court. Bail. Hearing. Bond. Execution on forfeiture. Section 40. 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. Recorder pro tem. Section 41. 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 42. 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 Buford, 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 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

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said assessment, not exceeding 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 Buford, including buildings, repairing buildings, and improvement of school properties. Taxing powers and purposes. Rate. Section 43. 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 this section shall not apply to members of those professions who pay a special annual tax to the State of Georgia. Business registration. License taxes. Section 44. 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.

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Section 45. 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, theatres, 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. Other license taxes. Section 46. 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. Street tax or work. Section 47. 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, and to provide for the collection of taxes quarterly, semi-annually, or annually, and to have assessment of property made in accordance therewith. Tax returns. Section 48. Be it further enacted by the authority aforesaid, that the owners of properties within the corporate limits of the City of Buford 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

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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 33 of this charter. Time for tax returns. Payment for licenses. Section 49. 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. Restriction of expense. Section 50. 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 51. 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 different purposes, but these variations are not to retroact on time expired, or to enlarge in any manner the 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

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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, what required. Balance sheet. Section 52. 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 53. 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 Buford 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. Separation of funds. Reports. Section 54. Be it further enacted by the authority aforesaid, that whenever the said secretary of the Buford City Commission shall pay and take up any bonds or coupons of the City of Buford, that he shall report 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 forther sale or negotiation of such bonds or coupons. Reports of bond payments. Section 55. Be it further enacted by the authority aforesaid, that it shall be the duty of the secretary of the

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Buford 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 54 hereof. Bond registration. Reports. Section 56. 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. Record of bonds. Section 57. 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 is 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 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. Unlicensed business. Penalty. Section 58. 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 43 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

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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 licenses or taxes. Penalty. Section 59. 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 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. Reports and settlements by secretary. Section 60. 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 levies. Section 61. Be it further enacted by the authority aforesaid, that said city commission shall have full power

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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 Buford 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 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

Page 985

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 reassess 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. Duties. Objections. Appeals. Valuations. Review. Section 62. 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 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 and salary. Section 63. 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 Buford, 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

Page 986

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. City marshal's duty as to levies and sales. Section 64. Be it further enacted by the authority aforesaid, that whenever any personal property has been levied on in the City of Buford, 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. Levies on personalty. Section 65. 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 Buford City Commission 90 days after issuing the same; and it shall be the 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.

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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. Said sales shall be held before the city hall of the City of Buford. 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 and sales. (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 Buford 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 executions 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 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. Conveyance to city. Executions. Section 66. Be it further enacted by the authority aforesaid, that the Board of Commissioners shall have authority to designate a newspaper published in said city and having a general circulation in said city as official organ for said city in which all notices, other business, marshals' sales, proceedings of the Board of Commissioners,

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shall be published and all notices or other advertisements published in said paper shall be legal and binding upon all persons concerned as if the same were published in the newspaper in which the sheriff's advertisements in and for Gwinnett County appear, except those cases in which the laws or Constitution of this State declare must be published in the newspaper in which the sheriff's advertisements appear. Newspaper advertising. Section 67. Be it further enacted by the authority aforesaid, that all deeds by the City of Buford 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 Buford, 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 preliminary 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. Deeds. Evidence. Section 68. 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. Manager's supervision. Section 69. Be it further enacted by the authority aforesaid, that said City of Buford, 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

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within said city, except as afterwards provided in this charter. 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 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 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 damage as provided by the laws of Georgia, and set out in section 36-201 to 36-609, inclusive, of the Civil Code of 1933. Powers over streets, buildings, etc. Section 70. 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 Buford, 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 Buford. Oaths of office.

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Section 71. 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. Streets, sewers, surveys, etc. Section 72. Be it further enacted by the authority aforesaid, that said City of Buford, 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 Buford, 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. Improvements. Section 73. 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. Grading paving, etc.

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Section 74. 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 Buford, 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 of 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 grading, excavating,

Page 992

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 divided 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 of said cost to be paid by the City of Buford. 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 execution 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 Gwinnett 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. Resolution. Protest. Cost. Assessment. Execution. Levy. Sale. Illegality.

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Section 75. Be it further enacted by the authority aforesaid, that whenever any owner or owners of property or properties adjacent to any street, avenue, alley or land desire to have said street, avenue, alley or land 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 sections 73 and 74; 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 74, 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 sections 73 and 74 of this charter, excepting that the entire cost shall be assessed against the property owners. Petition for paving, etc. Section 76. 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 following procedure shall be followed: Powers cumulative. Bonds.

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Section 76a. Be it further enacted by the authority aforesaid, that said City of Buford, by its Board of 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 Buford, and to improve the same by paving, macadamizing and draining the same whenever in its judgment the public convenience and welfare may require such improvements, subject only to the limitations described in this Act. Changes of grades, etc. Section 76b. Be it further enacted by the authority aforesaid, that whenever the said City of Buford, by its Board of Commissioners, shall deem it necessary to grade, pave, macadamize, drain or otherwise improve any street, avenue, alley, lane, sidewalk or any part thereof within the limits of the City of Buford, said City of Buford, by its Board of Commissioners, shall by resolution declare such work or improvement necessary to be done and such resolution or ordinance shall be published once a week for two consecutive weeks in a newspaper having a general circulation in the City of Buford, and if the owners of more than one-half of the linear front feet of the land fronting on such improvement and liable to assessment to pay for such improvement on such street, avenue, alley, lane, sidewalk or highway, shall not within fifteen days after the last publication of such resolution or ordinance file with the clerk of said City of Buford their protest in writing against such improvement, then the said City of Buford, by its Board of Commissioners, shall have the power to cause such improvements to be made and to contract therefor and to levy assessments as herein provided for. Any number of streets, avenues, alleys, lanes, sidewalks, or other public places or parts thereof to be so improved may be included in one resolution or ordinance, but any protest or objection shall be made as to each street or highway separately, except when treated as one project, as hereinafter provided. Provided, however,

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that if the owners of the entire linear frontage of land abutting any proposed improvement of any street or part of street, alley, lane or avenue, sidewalk or other public place described in such petition, shall petition the City of Buford, or its Board of Commissioners, for such improvement of any street, alley, lane or avenue, sidewalk or other public place, setting forth the character of the improvement desired, the width of the same and materials preferred by petitioners for such improvement, and express a willingness to pay the entire cost of such improvement, it shall thereupon be the duty of said City of Buford, by its Board of Commissioners, to promptly cause said improvement to be made in accordance with the prayer of said petition, and in such cases the resolution or ordinance hereinbefore mentioned shall not be required. Provided, however, that where two or more streets running in the same general direction from one continuous way they may be treated as one street, and the improvement thereof, as in this Act provided shall constitute one project and shall be dealt with accordingly as to resolutions, ordinances or petition of property owners or protest by property owners or other proceedings. Resolution. Advertisement. Protest. Cost. Section 76c. Be it further enacted by the authority aforesaid, that whenever it shall be determined under the provisions of the foregoing sections that any street, avenue, lane or alley within the corporate limits of the City of Buford, shall be paved, macadamized or otherwise improved as herein provided, then the total cost of said paving or improvement to be apportioned shall include the grading, excavating, engineering and other things usual and incident to the proper paving of any street, and shall include all intersections. When the total cost as aforesaid has been determined, then the City of Buford will be liable for one-third of said total cost and abutting property owners along both sides of such paved or macadamized street, avenue, lane or alley shall be liable for the other two-thirds of said total cost

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of paving or macadamizing; and each abutting property owner, along said paved street, lane, avenue or alley, shall be liable for his pro rata share of said two-thirds of the total cost of paving or macadamizing, which pro rata share shall be calculated in accordance with the ratio which his abutting property front footage along both sides of said paved street, avenue, lane or alley. Provided, however, that where sidewalks are paved under authority and provisions of this Act, or under other provisions of the city charter or amendments thereto, or ordinances adopted in pursuance thereof, the Board of Commissioners has the right to assess and collect from abutting property owners the entire cost of such improvement adjacent to and abutting said property. Provided, further, that the Board of Commissioners may assess and collect from the abutting property owners such proportionate part of the cost of curb and gutter adjacent to their property as said Board of Commissioners may fix and determine. Apportionment of cost. Section 76d. Be it further enacted by the authority aforesaid, that whenever the petition provided for in section 76d of this Act is presented or when the City of Buford, by its Board of Commissioners, shall have determined to pave or improve any street, avenue, lane, alley or other public place, and shall have passed the resolution or ordinance provided for in section 76b of the Act, the said City of Buford, by its Board of Commissioners, shall then have the power to enact all ordinances and to establish all such rules and regulations as may be necessary to require the owners of all property subject to assessment to pay their proportionate part of the entire cost of such improvement, that is two-thirds of the entire cost as prescribed and set forth in this Act, and to cause to be put in and constructed all necessary water or sewer pipes in and underneath the streets, avenues, lanes, alleys and other public places where such improvements are to be made, as may be deemed proper

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and necessary by said Board of Commissioners, and two-thirds of the total cost of such water or sewer pipe and necessary connections shall be taxed against such property and shall be included and made a part of the general assessment to cover the cost of such improvements, the Board of Commissioners having the power, authority and discretion to include the cost of such water or sewer pipe and connections, and cost of construction, in the general assessment under same rules and regulations as to cost of pavement as herein set forth. Regulations. Pipes. Assessment. Section 76e. Be it further enacted by the authority aforesaid, that after the expiration of the time for objection or protest on the part of the property owners, if no sufficient protest to be filed, or upon receipt of the petition for such improvement signed by the abutting property owners as specified in this Act, if such petition shall be found to be in proper form and properly executed, the said City of Buford, by its Board of Commissioners, shall adopt a resolution reciting that no such protest has been filed, or the filing of such a petition as the case may be, and expressing the determination of said city, by its Board of Commissioners, to proceed with the improvement, stating the material to be used and the manner of construction and defining the extent, character, and width of the improvement, and other such matters as may be necessary to instruct the city manager of said city in the performance of his duties in preparing for such improvements the necessary plans, plats, profiles, specifications and estimates. Said resolution shall set forth any such reasonable terms and conditions as said City of Buford, by its Board of Commissioners, shall deem proper to impose with reference to letting the contract and provisions therefor, and the said Board of Commissioners shall by said resolutions provide that the contractor shall execute to the city a good and sufficient bond in an amount to be stated in such resolution, conditioned for the full and faithful performance of the contract,

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and for the protection of the city and all property owners interested against any loss or damage by reason of the negligence or improper execution of the work, and may require a bond in an amount to be stated in such resolution for the maintenance of good condition of such improvement for a period of not less than five years from the time of its completion, or both in the discretion of the Board of Commissioners of said city. Said resolution shall also direct the city manager of said city to advertise for sealed proposals for furnishing the materials and performing the work necessary in making such improvements. The notice for such proposals shall state the street, streets or other public places to be improved, the kind of improvement proposed, what if any bond or bonds will be required to be executed by the contractor aforesaid and shall state the time when and place where such sealed proposals shall be filed and when and where the same will be considered by the City of Buford, by its Board of Commissioners. Said notice shall be published once a week for two consecutive weeks in a newspaper having a general circulation in the City of Buford. At the time and place specified in such notice the City of Buford, by its Board of Commissioners, shall examine all bids received and without unnecessary delay award the contracts to the lowest and best bidder who will perform the work and furnish the materials which may be selected and performed all the conditions imposed by said City of Buford as prescribed in such resolution and notice for proposals, and the said city, by its Board of Commissioners, shall have the right to reject any and all bids and re-advertise for other bids when any such are not in its judgment satisfactory. Resolution as to street improvements. Bond of contractor. Notice for proposals. Publication. Section 76f. Be it further enacted by the authority aforesaid, that as soon as the said contract is let and the cost of such improvements, which shall include all other expenses incurred by the city incident to such improvements in addition to the contract price for the work and

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materials, is ascertained, the said City of Buford, by its Board of Commissioners, shall, by resolution, appoint a board of appraisers consisting of its city manager, the secretary of the City Commission, and a member of the board of tax assessors to appraise and apportion the cost and expense of the same to the several tracts of land abutting on such improvement. Within ten days from the date of the resolution appointing said board, the said board shall file a written report of the appraisal and assessment and apportionment of such expense and cost to the several lots and tracts of land abutting on such street, streets, alley, lane, avenue or other public place so improved, with the clerk of said city. When said report shall have been returned and filed, the said city shall appoint a time for the holding of a session of its Board of Commissioners, or shall designate a regular meeting of its Board of Commissioners for the hearing of any complaints or objections that be made concerning the said appraisement, apportionment and assessment as to any such lots or tracts of land abutting on said improvements, and notice of such session for the hearing shall be published by the clerk of said city at least once a week for two consecutive weeks in a newspaper having a general circulation in said city, and said notice shall provide for an inspection of such return by any property owner or other person interested in such return. The time fixed for said hearing shall not be less than five nor more than ten days from the last publication. The said Board of Commissioners at said session shall have power to review and correct said appraisement, apportionment and assessment and to hear objections to the same and to confirm the same either as made by said board or as corrected by said Board of Commissioners. Assessments in conformity to said appraisement and apportionment as confirmed by said Board of Commissioners shall be payable in ten equal installments, and shall bear interest at the rate of 7% per annum until paid, payable in each year at such

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time as the several instal ments of the assessments are made payable each year. The said Board of Commissioners shall by ordinance levy assessments in accordance with the said appraisement and apportionment as so confirmed against the several tracts of land liable therefor, and shall cause said appraisement and apportionment to be recorded on the mortgage records of Gwinnett County duly certified as correct by the secretary of the commission, and when so recorded, the charges assessed against the various parcels of land shall become a first lien thereon, superior to all other liens except those to the State of Georgia, the County of Gwinnett and the City of Buford. Appraisement. Report. Assessment. Publication. Interest on assessments. Section 76g. Be it further enacted by the authority aforesaid, that the first installments of said assessments, together with interest to that date upon the who'e shall be due and payable on the first day of November next succeeding the passage of said ordinance, and one installment with the yearly interest upon the amounts remaining unpaid shall be payable on the first day of November in each succeeding year until all shall be paid; provided, that if such assessing ordinance shall be passed after the first day of October in each year, the first installment of such assessment and interest shall be due and payable on November first of the following year. Said ordinance shall also provide that the owners of the property so assessed shall have the privilege of paying the amounts of their respective assessments within thirty days from the date of the passage of said ordinance. The owners of the property so assessed shall be allowed to make payment of their respective assessments without interest within said period of thirty days to the secretary of the commission of the City of Buford and relieve their property from the lien of said assessment, which money so paid to the said secretary shall be disbursed pro rata between the contractor and the city in proportion to their respective interests. Installments payable.

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Section 76h. Be it further enacted by the authority aforesaid, that such special assessment and each installment therefor and interest thereon are hereby declared to be a lien against the lots and tracts of land so assessed from the date of the ordinance levying the same co-equal with the lien of other taxes prior to and superior to all other liens against such lots or tracts, and such liens shall continue until such assessment and interest shall be fully paid, but unmatured installments shall not be deemed to be within the terms of any general covenant of warranty. Lien of assessment. Section 76i. Be it further enacted by the authority aforesaid, that the said City of Buford, by its Board of Commissioners, after the expiration of thirty days from the passage of said ordinance confirming and levying said assessments shall by resolution provide for the issuance of bonds in the aggregate amount of such assessments remaining unpaid, bearing date fifteen days after the passage of the ordinance levying the said assessments, and of such denominations as the said City of Buford, by its Board of Commissioners, shall determine, which bond or bonds shall in no event become a liability of the City of Buford, or its Board of Commissioners issuing same. One-tenth in amount of any such series of bonds with the interest upon the whole series to that date shall be payable on the 15th day of November next succeeding the maturity of the first installment of the assessments, and interest, and one-tenth thereof with the yearly interest upon the whole amount remaining unpaid shall be payable on the 15th day of November in each succeeding year until all shall be paid. Such bonds shall bear interest at a rate not exceeding 7% per 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 place for the improvement of which they have been issued and that they are payable solely from assessments which have been levied upon the lots and

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tracts of land benefited by said improvements under authority of this Act. Said bonds shall be signed by the City of Buford, by its Chairman of the Commission, and attested by the secretary, and shall have the impression of the corporate seal of such city thereon and shall have interest coupons attached and all bonds issued by authority of this Act shall be payable to bearer at such place either within or without the State of Georgia as shall be designated by said Board of Commissioners. Said bonds shall be sold at not less than par, and the proceeds thereof applied to the payment of the contract price and other expenses by the said Board of Commissioners, or such bonds in the amount that shall be necessary for that purpose may be turned over and delivered to the contractor at par value in payment of the amount due him on his contract, and the portion thereof which shall be necessary to pay other expenses incident to and incurred in providing for said improvements shall be sold or otherwise disposed of as the said Board of Commissioners shall direct. Said bonds may be registered by the secretary of the Commission in a book to be provided for that purpose and certificates of registration by the secretary of the Commission of said city shall be endorsed upon each of said bonds. Bonds. Section 76j. Be it further enacted by the authority aforesaid, that the assessment provided for and levied under the provisions of this Act shall be payable by the persons owning the said lots or tracts of land as the several installments become due, together with the interest thereon, to the secretary of the Commission of the City of Buford, who shall give proper receipt for such payment. It shall be the duty of the secretary of the commission to keep an accurate account of all such collections by him made and such collections shall be kept in a special fund to be used and applied for the payment of such bonds and the interest and for no other purpose. It shall be the duty of the secretary of the commission not less than

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thirty days and not more than forty days before the maturity of any installment of such assessments to publish in a newspaper having a general circulation in said city, once a week for two consecutive weeks, a notice addressed generally to the property owners on the streets, avenues, alleys, or highways whereon said improvements were made advising the owners of the property affected by the assessments of the date when such installment and interest will be due, and designating the street or streets, or other public places for the improvement of which assessments have been levied, and that unless the same shall be promptly paid proceedings will be taken to collect said installment and interest. And it shall be the duty of said secretary of the commission, promptly at the date of the maturity of any such installment or assessment and interest, and on or before the 15th day of November of each year, in case of default in payment of such installment or assessment with interest, to issue an execution against the lots or tract of land assessed for improvement or against the party or person owning the same for the amount of such assessment with interest, and shall turn over the same to the marshal of the City of Buford, or his deputy, who shall levy the same upon the adjoining real estate liable for such assessment and previously assessed for such improvement. And after advertisement and other proceedings as in case of sales for city taxes of said city, the same shall be sold at public outcry as in other city tax sales, to the highest bidder, and such sales shall vest an absolute title in the purchaser subject to the lien of the remaining unpaid installments or assessments with interest; provided that the defendant shall have the right to file an affidavit denying that the whole or any part of the amount for which said execution issued is due, and stating what amount he admits to be due, which amount so admitted to be due shall be paid or collected before the affidavit is received, and the affidavit received for the balance. All affidavits shall set

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out in detail the reason why the affiant claims the amount is not due, and when received by the city marshal shall be returned to the City Court of Buford, Georgia, or the Superior Court of Gwinnett County, and there tried and the issue determined as in cases of illegality, and subject to all the pains and penalties provided for in case of illegality for delay under the Code of Georgia, and it shall be the duty of the Judge of said City Court of Buford to give preference to the trial of these cases over all other cases pending in said court. The failure of said secretary of the Commission to publish said notice of the maturity of any installment of said assessment and interest shall in no wise affect the validity of the assessment and interest and the execution issued therefor. Collections of payments. Publication of notice. Levy and sale. Illegality of execution. Trial. Section 76k. Be it further enacted by the authority aforesaid, that no suit shall be sustained to set aside any such assessment or to enjoin the said City of Buford or its Board of Commissioners from making any such assessments, or issuing such bonds or providing for their payment as herein authorized, or contesting the validity thereof on any ground or for any reason, other than the failure of the City of Buford, by its Board of Commissioners, to adopt and publish the preliminary resolution or ordinance provided for in section 76b of this Act in cases requiring such resolution or ordinance and its publication, and to give the notice of the hearing of the report of the appraisers as herein provided for, unless such suit shall be commenced within sixty days after the passage of the ordinance making such final assessment; provided, that in the event any special assessment shall be found to be invalid or insufficient for any reason whatsoever, the said Board of Commissioners may at any time in the manner provided for the levying an original assessment proceed to cause a new assessment to be made and levied which shall have like force and effect as an original assessment. Suits limited.

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Section 76l. Be it further enacted by the authority aforesaid, that in all cases where the City of Buford, by its Board of 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 pavement or improvement is hereby authorized to be done under and in pursuance of the provisions of this Act for making such improvement and levying assessments therefor and the issuance of bonds shall apply; provided, that in the judgment of said Board of Commissioners of said city the pavement is worn out and no longer serviceable. Repaving, etc. Section 76m. 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 of publication. Section 76n. Be it further enacted by the authority aforesaid, that whenever the abutting landowners of any street, alley, avenue or lane of said city petition the City of Buford, as herein set forth, or the Board of Commissioners of said city pass the resolution or ordinance provided for in section 76b of this Act, for the pavement of any street, 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 Act, and where the county is the owner the chairman of the County Commissioners for Gwinnett County is authorized to sign in behalf of the county, and where the City of Buford is the owner, the chairman of the city commission is authorized to sign for the City of Buford. Count of frontage.

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Section 76o. Be it further enacted by the authority aforesaid, that it is not the intention of this Act to repeal any present or existing laws for the pavement or improvement of the streets and sidewalks of the City of Buford, but it is intended that this Act to be cumulative as to all such improvements in said city. It is the intention to preserve all rights and privileges heretofore granted to the Board of Commissioners in the charter of the City of Buford, and the amendments thereto, and to grant in addition thereto the rights and authority contained and set forth in this Act, and the City of Buford, by its Board of Commissioners, is authorized to exercise the rights, privileges and authority heretofore granted and contained and set forth in the charter of the City of Buford and amendments thereto. No repeal. Intent. Section 76p. Be it further enacted by the authority aforesaid, that all laws and parts of laws conflicting herewith be and the same are hereby repealed. Section 77. 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 herein-before provided for. Petition for paving. Section 78. 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 land 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

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used, and if said commission shall determine that is 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, when not required. Section 79. 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, 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. Sidewalks. Section 80. 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. Curb or gutter. Section 81. Be it further enacted by the authority aforesaid, that in all cases where the City of Buford, 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 pave or improved prior to the passage of this law, such repavement or improvement is hereby authorized

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to be done under and in pursuance of the provisions of this Act and all such provisions 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. Repaving, etc. Section 82. 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 83. 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 Buford as herein set forth, or the commissioners of said city, pass the resolution or ordinance provided for in section 73 of this charter, for the pavement of any street, 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 County Commissioners for Gwinnett County is authorized to sign in behalf of the county, and where the City of Buford is the owner the chairman of the commissioners is authorized to sign for the City of Buford. Frontage. Section 84. 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

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him, five days prior to the hearing. When such charge or charges have been made, the city manager shall have discretionary 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 the Justice of the Peace of the 550th G. M. District of Georgia to act in lieu of the member or members of said city commission so disqualified; and in the event two of the members of the said city commission are so disqualified, then the Notary Public and Ex-Officio Justice of the Peace shall also be selected. 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. Charges against officer. Suspension. Hearing. Trial. Section 85. 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. Election contest. Section 86. Be it further enacted by the authority aforesaid, that it shall be the duty of the city manager, 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

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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 use. 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 Buford, 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. Sundry street work. Section 87. 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

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Civil Code of Georgia of 1933, and the amendments thereto, or any amendments that may hereafter be made. Street improvements. Condemnation. Section 88. Be it further enacted by the authority aforesaid, that said commission shall have full power and control of the lights, waterworks and sewerage system of the City of Buford, 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 and lights 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 lights and 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 all such sales. Defendants in such executions who are not so indebted for lights and water tax, may resist the payment thereof by illegality, returnable to either the justice courts held in the City of Buford, where the amount does not exceed one hundred ($100.00) dollars, and to the City Court of Buford or Superior Court of Gwinnett County, where the amount exceeds that sum. The city manage is authorized to require payment in advance, or at maturity, for water or lights 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 or lights from such buildings, place, or premises, and to keep the same, at his discretion, shut off until the arrears due for water or lights, with interest thereon, shall be fully paid, and by himself, officers, or agents, to enter any dwelling or other house where water or lights are taken or used and where unnecessary waste is known or suspected, and

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examine the cause thereof, to prevent any such waste; and to make or require to be made any alteration in the wires, 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 or lights until such examination and repairs are made. Lights, water, sewers. Rents. Payments. Regulatory powers. Section 89. 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. Sewer rental. Section 90. Be it further enacted by the authority aforesaid, that there is hereby established in said City of Buford a system of public schools. Schools. Section 91. Be it further enacted by the authority aforesaid, that after the ratification of this Act, as herein after provided, the Board of City Commissioners of the said City of Buford, shall elect four members of the board of education of said public school system, who shall hold office until the first meeting of said Board of Commissioners in the succeeding calendar year. At said first regular meeting the said Board of Commissioners shall elect two members of said board whose term of office shall be for one year, and two members of said board whose term of office shall be for two years, and until their successors are elected and qualified, and in like manner the said Board of Commissioners shall annually thereafter elect two members of said board to fill the vacancies occurring by the expiration of terms. All vacancies otherwise occurring in said board shall be

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filled immediately by said city commission, and such members shall hold for the balance of the unexpired term. In addition to the four members of said board so elected the Chairman of the Board of Commissioners of the City of Buford shall be ex-officio chairman of the board of education and he, with the other four members elected by the city commission, shall constitute the Board of Education of the City of Buford, with the right in them and their successors to take and hold in trust for the said City of Buford any grant or devise of land or donation or bequest of money or other property made to it for educational purposes with the right to sue and be sued in said name. The qualification for members of said board of education shall be the same as prescribed in the charter for the City Commissioners of said city. Board of education. Terms of office. Vacancies. Powers. Section 92. Be it further enacted by the authority aforesaid, that before the entering upon the discharge of the duties of said office each member of said board 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 Buford, 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 the hope thereof, so help me God. A majority of said board shall constitute a quorum for the transaction of business. Oath of office. Section 93. Be it further enacted by the authority aforesaid, that the chairman of the Commissioners, being ex-officio chairman of said board, shall, at the first meeting after the election of new members as herein provided, cause said board to be organized for the ensuing year by electing a chairman pro tempore to act in the absence or disqualification of the chairman, and also by electing some competent person as secretary and treasurer, each

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of said officers to be elected by acclamation of said board the former to be an officer of said board, but the secretary and treasurer may be some citizen of said town who is an earnest advocate of public schools and in the opinion of the board otherwise qualified to perform the duties of the office. The members of said board of education shall receive no compensation for their services as such. Organization. No pay. Section 94. Be it further enacted by the authority aforesaid, that it shall be the duty of the secretary and treasurer to keep a record of all the official acts and doings of the board of education, which record shall at all times be kept open to inspection of any tax payers of the said City of Buford. He shall also give bond in sufficient amount, with good security, to be judged of by the board payable to the Board of Education of the City of Buford for the faithful discharge of his duties, and the safe keeping and proper disbursement of all money which may come into his care by reason of his said trust. He shall receive all public school money from the proper authorities, receive and receipt for all incidental fees, and all other moneys he may be entitled to receive, and keep a record of all moneys so received and paid out by him and take proper vouchers for all disbursements, but shall pay out no funds except by order of the board entered upon the minutes. He shall receive such compensation for his services as may be fixed by said board which said board are hereby authorized to contract for and pay out of the public school funds. Records. Bond of treasurer. Pay. Section 95. Be it further enacted that said board of education shall elect a superintendent and teachers and other officers for the public school of Buford, fix their salaries, contract with them as such and pay the same out of the moneys coming into their hands; and shall have the right and authority to suspend or remove said superintendent or teacher whenever in their discretion they deem it best to do so, and shall suspend or expel

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any pupil from attendance, when in the opinion of a majority of the board it shall be for the best interest of the school, and their action in so doing shall be final and conclusive. Said board shall also be empowered and it shall be their duty to borrow money for the support and maintenance of said school, when necessary, and repay the same with legal interest from the funds coming into their hands, and they shall at all times supervise, regulate and make efficient said school system, fix the length of the term and the time opening and closing of the same, prescribe the curriculum, text books and books of reference to be used therein and shall do any and all such other acts, not inconsistent with the laws of this State, as may promote the system of education under their charge. Superintendent of schools. Borrowing. Section 96. Be it further enacted by the authority aforesaid, that said board of education shall annually make to the city commission of said city a written report of all moneys received and disbursed by them and shall accompany said report with a full itemized statement, accompanied with vouchers for all money disbursed, and the same shall be published by the city commission and paid for out of the city treasury at the legal rate. Reports. Section 97. Be it further enacted by the authority aforesaid, that it shall be the duty of the board of education to establish such grammar schools and high schools as may be necessary for the education of the children attending said schools, and the tuition in the same shall be free to all children within the school age, residing within the City of Buford, provided, however, said board may, in its discretion, require each pupil entering any of said schools to pay a reasonable matriculation fee to be paid upon entrance or in such installments as the board may direct. Upon failure of any pupil to pay the matriculation fee, or any installment thereof, when so required by the board of education, such pupil shall not

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be allowed to enter, and if it be an installment required after entrance, the pupil shall not be allowed to continue at school after the installment is due, without first having paid it. Children of nonresidents may be admitted to such school upon such terms as may be prescribed by the board. Free schools. Matriculation fee. Non-residents. Section 98. Be it further enacted by the authority aforesaid, that it shall be lawful for the County School Commissioner of Gwinnett County or other counties of this State to make contract with the board of education of said city to teach pupils of school age residing in their respective counties and outside the corporate limits of the City of Buford, and to pay said board out of that portion of the common school fund of the state belonging to their respective counties, in like manner and under the same provisions as teachers in the common schools of their respective counties are paid; provided, however, that in case the rate of tuition for nonresident children, as fixed by said board of education, is higher that the public school rate, authorized to be paid by the County School Commissioner, then said board of education shall have the right to charge, contract with, and collect said difference from the parent or guardian of said nonresident pupils. Contracts. School fund. Section 99. Be it further enacted by the authority aforesaid, that the board of education of the City of Buford, shall prepare and take a census, annually after the passage and ratification of this Act, of all the children residing in said City of Buford, who are, under the law, entitled to participate in the State public school fund, and furnish a report of the result of said census to the State School Commission on or before the first day of September of each year. Census. Section 100. Be it further enacted by the authority aforesaid, that from receipt of the foregoing report of the result of said census the State School Commissioner

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shall apportion said City of Buford its pro rata share of the State school fund based upon the result of said annual census, and pay over such pro rata share of the State school fund to the secretary and treasurer of the Board of Education of the City of Buford. Portion of State fund. Section 101. Be it further enacted that the State school fund shall be supplemented by an ad valorum tax levied by the Board of City Commissioners of the City of Buford, as follows: The board of education shall by the first of September of each year make an estimate of the amount necessary to be raised that year for the additional support of public schools in said city and place this estimate before the Board of City Commissioners of said city, and when the same is approved by said Board of City Commissioners, 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 the other city taxes upon all taxable property within the corporate limits of the City of Buford and the said Board of Commissioners are hereby authorized to levy said school tax and collect, or have the same collected by the city officers, along with the other ad valorum taxes of said city in the same manner as other city taxes are levied and collected; provided, however, that said Board of Commissioners shall have no authority to levy and collect more than one per cent. of the value of all taxable property within said city for school purposes. School tax. Section 102. Be it further enacted by the authority aforesaid, that provisions shall be made by the board of education for the education of both white and colored children within said city, but that separate schools shall be proved for separate races. Separation of races. Section 103. 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

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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 from office. Section 104. 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 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. Salaries. Section 105. Be it further enacted by the authority aforesaid, that children of nonresidents or whose parents are not bona fide residents of the City of Buford, 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-residents. Tuition. Section 106. 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 Buford, 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. State fund payable.

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Section 107. Be it further enacted by the authority aforesaid, that it shall be the duty of the secretary of the Buford City Commission to pay over all moneys received by him from any source whatsoever for the benefit of said 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. Payments regulated. Warrants. Section 108. 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 opened to inspection and examination by the commission or such other agency as they may employ for that purpose. Reports by board. Section 109. Be it further enacted by the authority aforesaid, that the said city commission are authorized and empowered to pass such ordinances and resolutions,

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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. Section 110. 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 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: Board of health. Terms. (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. Health regulations. (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.

Page 1021

(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. (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 Buford, 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 Gwinnett, or ad oining county or counties, the products of which are offered for sale within the corporate limits of the City

Page 1022

of Buford, 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 Buford, 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, 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. (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. Section 111. Be it further enacted by the authority aforesaid, that said city manager shall have full and complete control of the waterworks and lights system and sewerage system of said city, and the selection of all help required in connection therewith, and the fixing of salaries and wages, with approval of said city commission.

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The present waterworks board shall serve until the first Monday in January, 1939. Control by manager. (a) Said commission is authorized to pass all necessary ordinances and fix penalties for the enforcement of this section and each subdivision thereof. Ordinances. Section 112. 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 113. 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 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

Page 1024

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 Gwinnett, 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. Duties of police officers. Section 114. Be it further enacted by the authority aforesaid, that all arresting officers of the City of Buford, 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 or refusing to obey such summons. Witnesses on arrests. Section 115. 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 fireman shall be appointed by the chief of the department, subject to the approval of said commission. Fire department. chief. Section 116. Be it further enacted by the authority aforesaid, that the chief of the fire department may also

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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, subject to the approval of the commission. Building inspector. Section 117. 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 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. Fire protection regulations. Section 118. 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

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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 works. Section 119. 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, 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. Fire limits. Regulations. Section 120. 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 bonds. Section 121. Be it further enacted by the authority aforesaid, that the City of Buford, 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, to contract for and sell and to furnish lights and electric

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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 122. Be it further enacted by the authority aforesaid, that for the purpose of erecting an electric plant in said city, said City of Buford 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 Buford 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. Section 123. 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

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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. Tax levy. Contracts. Rate. Section 124. Be it further enacted by the authority aforesaid, that the commission of the City of Buford 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 125. Be it further enacted by the authority aforesaid, that the said City of Buford shall have power and authority to erect, operate and maintain a gas 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 works. Tax. Section 126. Be it further enacted by the authority aforesaid, that the City of Buford, 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

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light plant and their equipment, and shall not be a general obligation of the city for which an ad valorem tax may be levied. Equipment. Bonds. Section 127. 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. Suits. Section 128. Be it further enacted by the authority aforesaid, that the Buford City Commission is hereby empowered and authorized to pass such ordinances as may be necessary to secure the safety of citizens and other persons 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,

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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 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 tracks 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. General welfare powers.

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Section 129. 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, etc. Section 130. Be it further enacted by the authority aforesaid, that the secretary of said commission shall keep 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 Buford 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. Section 131. 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

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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 void. The expense of said election shall be borne by the applicant for franchise. Application. Publication. Referendum. Section 132. 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. Changes in work. Default. Assessment. Section 133. 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

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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 33 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, then in that event the Justice of the Peace in and for the 550th G. M. District of Georgia shall act in the place and stead of the disqualified commissioner or commissioners. Unlawful contracts. Disqualification. Section 134. 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 135. 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

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and under the same rules and regulations provided in this charter for the condemnation of property within the city limits. Condemnation out of city limits. Section 136. Be it further enacted by the authority aforesaid, that the secretary of the commission shall be 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 137. 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 and lights supplied by the City of Buford to all persons, firms, or corporations, residing within or without the limits of the City of Buford, Georgia, and may in their discretion, fix a higher rate for water and lights furnished by the city to any person, firm or corporation residing without the city limits. Rates for light and water. Section 138. 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. Fire hydrants. Section 139. Be it further enacted by the authority aforesaid, that when suit is filed against the City of Buford on account of injuries 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 requiring

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the street or sidewalk, or laying or relaying the pavement of said street or sidewalk 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, 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 have 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 Buford, 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. Notice. Section 140. Be it further enacted by the authority aforesaid, that from and after the passage of this Act, the city commission shall have authority to pass zoning and planning laws whereby said City of Buford may be zoned or restricted 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. Zoning and planning. Section 141. 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 Buford, or which may hereafter be enacted by authority of the same, prior to the first Monday in January, 1939, shall remain and be of full force and effect, unless and until repealed by the city commission. Ordinances of force.

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Section 142. Be it further enacted by the authority aforesaid, that this charter shall become effective on the first Monday in January, 1939, except that the provisions 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 Monday in January, 1939, shall account to and settle with the officers elected under this charter as their successors. Be it further provided, that all the provisions of this Act, pertaining to the extension and boundaries of the corporate limits of the City of Buford, shall become effective immediately upon the passage of this Bill, and its approval by the Governor. Effective date of this Act. Officers' duties. Section 143. Be it further enacted by the authority aforesaid, that all Acts and parts of Acts granting corporate authority to the City of Buford in Gwinnett 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 Buford, Georgia. Repeal. Approved December 24, 1937. CARROLLTON COUNCILMENELECTION AND TERMS. No. 59. An Act to amend an Act establishing a new charter for the City of Carrollton, approved September 9, 1891, and all Acts amendatory thereof, and to amend the amendment to said Act approved July 13, 1923, so as to provide for the election of a councilman from each of the four wards of said city; to provide for

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the length of term of office for the mayor and councilmen; to provide for their election and expiration of terms of office. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, that from and after the passage of this Act that section 1 of the amendment approved July 13, 1923, be and the same is hereby amended by striking the following from section 1 of said Act: Act of 1923 amended. The Mayor and City Council of the City of Carrollton shall be bona fide residents of said city and the councilmen residents of the wards from which they are chosen and they shall be elected on the first Saturday in October, 1923, the mayor for a term of two years and the councilmen from the first ward for a term of two years, and the councilmen from the second, third and fourth wards for a term of one year each, and until their successors are elected and qualified, and at the expiration of their terms of office their successors shall be elected for terms of two years, and thereafter the mayor and city council shall be elected for terms of two years each on the first Saturday in October as their respective terms shall expire, and all shall serve until their successors are elected and qualified; provided, that the present mayor and city council shall hold office until their successors are elected and qualified under the provisions of this amendment. One councilman shall be elected from each of the four wards of said city by entire electorate of said city, and in the event there be more than one candidate for councilman for any given ward, the candidate receiving the highest number of votes shall be declared elected, irrespective of the number of votes received by any candidate from any other ward. Stricken part. And adding in lieu thereof the following: The Mayor and City Council of the City of Carrollton shall be bona fide residents of said city, and the councilmen

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residents of the wards from which they are chosen, and successors to the three councilmen whose terms of office expire on the first Saturday in October, 1938, shall be elected by the qualified voters of the city at large on the first Saturday in October, 1938, for a period of one year and until the first Saturday in October, 1939, and on the first Saturday in October, 1939, the mayor and four councilmen shall be elected by the qualified voters of the city at large for a term of two years and until their successors are elected and qualified, and thereafter the mayor and city councilmen shall be elected for a term of two years each on the first Saturday in October, as their terms shall expire, and all shall serve until their successors are elected and qualified. Mayor and councilmen. Election. Terms. So that said section when amended shall read as follows: The Mayor and City Council of the City of Carrollton shall be bona fide residents of said city, and the councilmen residents of the wards from which they are chosen, and successors to the three councilmen whose terms of office expire on the first Saturday in October, 1938, shall be elected by the qualified voters of the city at large on the first Saturday in October, 1938, for a period of one year and until the first Saturday in October, 1939, and on the first Saturday in October, 1939, the mayor and four councilmen shall be elected by the qualified voters of the city at large for a term of two years, and until their successors are elected and qualified, and thereafter the mayor and city councilmen shall be elected for a term of two years each on the first Saturday in October, as their terms shall expire, and all shall serve until their successors are elected and qualified. Read as amended. Section 2. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved December 22, 1937.

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CARROLLTON STREET IMPROVEMENTS. No. 32. An Act to amend an Act approved August 4, 1925, known as the Carrollton Street Improvements Act, being an Act to amend, consolidate, and supersede the several Acts incorporating the City of Carrollton in the County of Carroll, providing a new charter for the same, and the several Acts amendatory therefor, so as to authorize and empower the City of Carrollton, by its mayor and council to establish and change the grade of any streets, avenues, alleys, lanes, sidewalks, and other places in the City of Carrollton, and to improve the same by paving, macadamizing, and draining the same; to provide for the procedure for such grading, improving and paving, and for making a collection of assessments for the same, and for establishing loan therefor to provide for the payment of such grading, improvement, and paving entirely or partially by the abutting and adjacent property owners on the basis of ten per cent yearly for ten years to provide for the issuance of bonds as the City of Carrollton, by its mayor and council, to be known as Street Improvement Bonds, and for the payment of the same; to provide for the renewal of any such paving and other paving previously laid, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, that from and after the passage of this Act the amendment to the charter of the City of Carrollton known as Carrollton Street Improvements approved August 4, 1925, be and the same is hereby amended by adding thereto additional section to said Act, as follows: Act of 1923 amended. Section 2. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the said City of Carrollton

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by and through its mayor and council may, at its option, improve any street, lane, alley, avenue, or sidewalk in said City of Carrollton under the aforesaid Act by doing the work itself under the supervision of the Mayor and Council of Carrollton, by and through its officers, agents and servants, without letting the same to a contractor, or said city not being required to furnish bond as required of any independent contractor under said Act, and that the liens against any property so improved shall be preserved and run in favor of the City of Carrollton. Street improvement without letting or bond. Section 3. Be it further enacted by the authority aforesaid, the City of Carrollton shall have the right when any of said improvements are made under and by virtue of this Amendment on any property located within said City of Carrollton to record its lien against said property for one third of the cost of said improvements when said improvements are so made and finished, it being the intention of this Amendment that the said City of Carrollton may act as contractor itself to do said improvements under and by virtue of the aforesaid Act to which this Amendment is made. Lien on property. Section 4. Be it further enacted by the authority aforesaid, that any laws or parts of laws in conflict herewith are hereby superseded by this Amendment. Approved December 16, 1937. CARROLLTON WATER AND LIGHT COMMISSION. No. 58. An Act to amend an Act approved August 9, 1904, creating a Water and Light Commission for the City of Carrollton, Georgia, and to provide for the election of the Commissioners and fix their term of office.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, that the Act approved August 9, 1904, creating a Water and Light Commission for the City of Carrollton, be amended by striking from said Act section 2 thereof, and substituting in lieu thereof the following to be known and designated as section 2: Act of 1904 amended. Section 2. Be it further enacted that the three persons composing the Water and Light Commission shall be elected by the qualified voters of the City of Carrollton on the first Saturday in October, 1938, for a term of one year, until the first Saturday in October, 1939, and until their successors are elected and qualified, and at the expiration of their terms of office their successors shall be elected for terms of two years, and at the same time of the election for mayor and city council, and under the same rules and regulations which govern the election of the Mayor and Council of the City of Carrollton. And, in the event there are more than three candidates for said offices the three receiving the highest number of votes shall be declared the nominees and be elected to said offices. If vacancies occur in said office elections shall be called to fill the vacancy or vacancies under the same rules and regulations governing the election of councilmen for unexpired terms. The qualifications of said commissioners shall be the same as those fixed for members of the city council. New sec. 2. Water and light commission. Upon election of said commissioners and before entering upon the discharge of their duties they shall take and subscribe the following oath before an officer duly authorized by law to administer oaths: `I, _____, do solemnly swear that I will faithfully, well and truly perform and discharge all the duties of commissioner of the Water and Light Commission of the City of Carrollton, Georgia, to the best of my knowledge, skill and

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ability without favor or affection to any person, firm or corporation. So help me, God.' Which oath shall be recorded on the minutes of the Mayor and City Council of Carrollton. Oath. 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 December 22, 1937. CEDARTOWN COMMISSIONERS AND MANAGER. No. 109. An Act to alter and amend the charter of the City of Cedartown, in Polk County, approved March 29, 1937, by altering and amending sections four (4) and eighteen (18) of said charter, by changing the manner in which it shall be determined which Commissioners elected in the first election held under said charter shall serve for four years, and which Commissioners shall serve for two years; by altering, amending and changing the qualifications and eligibility of the city manager; by changing the salary to be paid to the city manager; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, that an Act of the General Assembly of Georgia, approved March 29, 1937, entitled, 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 to conflict therewith, be and the same is hereby amended by striking from section four (4) of said Act, the following from said five so

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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, and inserting in lieu thereof, the following: and at the first meeting of said commission, or so soon thereafter as practicable, the five Commissioners so elected shall decide by lot which three of said Commissioners shall serve for four years, and which two shall serve for two years. Act of 1937 amended. Terms of office. Section 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by said authority, that said Act of the General Assembly of Georgia, approved March 29, 1937, be, and the same is hereby amended by striking the following words and figures in lines nine (9) and ten (10) of section (18) thereof, to wit: three thousand ($3,000.00) dollars, and inserting in lieu thereof, the following words and figures: four thousand ($4,000.00) dollars. Manager. Salary increase. Section 3. Be it further enacted by the authority aforesaid, and it is hereby enacted by said authority, that said Act of the General Assembly of Georgia, approved March 29, 1937, be, and the same is hereby amended, by striking from line seven (7) of section eighteen (18), the following words, city engineer and. Words stricken. Section 4. Be it further enacted by the authority aforesaid, and it is hereby enacted by said authority, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved December 27, 1937. CLAYTON DEBT TO ACQUIRE LAND. No. 18. An Act: Granting authority to City of Clayton to increase its bonded indebtedness by an additional three percent of the present taxable value of its taxable

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property at the time of such increase, over and above the seven per cent. of said taxable value of said taxable property which has already been issued, as provided by the Constitution of 1877 and amendments thereof as provided for by the Code of Georgia of 1933 section 2-5501 and sections following said section, and particularly section VII, par. 1, for the purpose of acquiring land for public purposes on which to erect building or buildings and to construct playground or playgrounds for the establishment, equipment, and conducting a recreational center and for other 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 Clayton in Rabun County, said State of Georgia be and it is hereby granted the privilege and authority to increase its bonded indebtedness of seven per cent. of the taxable value of the taxable property of said city up to an additional three per cent. of the taxable value of the taxable property of said city as authorized by the Constitution of 1877 and amendments thereof as provided for by the Code of Georgia of 1933 section 2-5501 and sections which follow it, section VII, par. 1 of said Constitution, for the purpose of acquiring land for public purposes on which to erect building or buildings and to construct playground or playgrounds for the establishment, equipment and conducting a recreational center and for other purposes. Bonded debt increase for acquiring land. Purposes. Said 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 increasing of new debts by said City of Clayton. Popular vote required. The city authorities of said City of Clayton shall provide for the payment of said additional indebtedness by levy of taxes or otherwise as now provided by law in such cases made and provided. Payment by tax levy.

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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 December 14, 1937. COCHRAN APPROPRIATIONS FROM FINES AND FORFEITURES FOR SCHOOLS AND WATERWORKS. No. 234. An Act to amend section 38 of an Act approved August 15, 1904, to create a new charter for the City of Cochran (Georgia Laws 1904, page 407), and Acts amendatory therof, said section dealing with the powers of the mayor and aldermen to levy and collect taxes for the support of public schools, so as to vest in said officers the power to make appropriations from funds derived from fines and forfeitures, from specific or occupation taxes, and from the operation of the municipally owned waterworks, for the purpose of operating and maintaining the public schools of the City of Cochran, 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 38 of the Act approved August 15, 1904, creating a new charter for the City of Cochran, and the Acts amendatory thereof, be and the same is hereby amended by adding at the end of said section 38, the following: Act of 1904 amended. And, provided further, that in addition to the powers herein enumerated, the mayor and alderman are authorized and empowered to make appropriations and payments from funds derived from fines and forfcitures,

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specific or occupation taxes, and from the operation of the municipally owned waterworks, for the purpose of paying the costs and expenses of operating and maintaining the system of public schools in said city, and that such appropriations for the aforesaid purposes may be made when, in the judgment of the mayor and aldermen, the revenue derived from the levy of taxes for school purposes is insufficient to meet the cost and expense of operating and maintaining the system of public schools in said city. The power to determine, when and to what extent such deficiency in revenue from the levy of taxes for school purposes exists, is hereby vested in the mayor and aldermen, and for the purpose of determining the amount of funds necessary to be appropriated from the sources above enumerated, the mayor and aldermen are hereby vested with the authority to require the Board of Trustees of the public schools of said city to furnish information, data, estimates, detailed reports of expenditure, and estimated costs of operating and maintaining the public school system of the city. Appropriations. Powers. Section 2. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved January 25, 1938. COCHRAN BONDS AND TAX. No. 17. An Act to amend section 96 of an Act approved August 15, 1904 (Georgia Laws 1904, page 407) entitled an Act to provide and create a new charter for the Town of Cochran, to define its powers and privileges, and for other purposes, so that by amendment there shall be stricken from said section and the fourth line thereof, the following words, in a sum not to exceed twenty thousand dollars, and following the word buildings

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and before the word after; 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 there be and hereby is stricken from the fourth line of section 96 of an Act approved August 15, 1904, creating the City of Cochran as a municipal corporation, and defining its powers and privileges, after the word buildings and before the word after the following words, to wit: in a sum not to exceed twenty thousand dollars and, so that said section as amended shall read: Act of 1904 amended. Section 96. Be it further enacted by the authority aforesaid, that the city council are hereby authorized and empowered to issue bonds for the securing and equipping of public school buildings, after complying with the laws of this State relative to issuing municipal bonds, and which bonds, when issued, shall be turned over to the bond Commission to be sold, and when sold the proceeds of such sale shall be by the bond Commission turned over to the board of trustees of the city public schools, who shall use the same in securing suitable buildings and equipments for public school. The city council are hereby authorized and empowered to levy, assess and collect annually a sufficient tax upon and from the property in said city, real and personal, to pay the principal and interest of said bonds as they shall become due, which tax shall be separately levied, assessed and collected for the specific purpose herein designated, and shall forthwith be turned over to the bond Commission, and shall not be used or applied to any other purpose whatever. Any money remaining on hand received and collected by taxation under this Act, after the payment of maturing interest coupons and bonds each year, shall

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be held by said bond Commission as a sinking fund for the payment of the bonds and interest maturing the next year. School bonds. Tax levy. Section 2. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved December 14, 1937. COCHRAN DONATION OF ALLEY FOR POST-OFFICE. No. 229. An Act to amend an Act approved August 15, 1904, entitled an Act to provide and create a new charter for the Town of Cochran, so that said City of Cochran shall have power to vacate, close, and donate to the United States Government certain alley in said city, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That the City of Cochran by and through its mayor and aldermen is hereby authorized and empowered to close and vacate a certain alley in said city running between Dykes Avenue on the southeast, and alley on the northwest, and running parallel with, and southwest of Second Street, said portion of said alley to be closed running southwest of lots three (3), four (4) and five (5). Alley to be closed. Section 2. That said City of Cochran is hereby authorized and empowered to donate to the Government of the United States of America the portion of said alley when closed for the purpose of the erection thereof a post office building. Donation to U. S.

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Section 3. That all laws and parts of laws in conflict herewith are hereby repealed. Approved January 25, 1938. COCHRAN SALES OF PROPERTY. No. 221. An Act to amend an Act, approved August 15, 1904, entitled An Act to provide and create a new charter for the Town of Cochran, so said City of Cochran shall have power to grant, sell, and convey property owned and held by it, prescribing the manner of sale, and the recordation of records of sale and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same: Section 1. That the City of Cochran is authorized and empowered to grant, sell, and convey any property of any nature which said municipality may from time to time own and hold. Authority to convey. Section 2. Any purchaser for any such property shall file with the clerk of said city a proposal in writing signed by such purchaser, describing the property to be bought, and the purchase price offered, and all terms of the proposal; ten per cent of the purchase price shall be deposited with the clerk to bind the offer. Proposal to purchase. Section 3. Any such proposal shall be considered by the mayor and council of said city, in regular or called session, and shall be by resolution accepted or rejected, which resolution and proposal shall be recorded upon the minutes of the meetings of the mayor and council. Acceptance or rejection.

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Section 4. Upon acceptance of any such proposal, and upon payment to the city clerk of the full purchase price, the mayor and city clerk are authorized and empowered to make good and sufficient title deed to the property described in the written proposal. Should the proposal be rejected the ten per cent. deposit shall be returned to proponent without deduction. Should proponent fail to make full payment of the purchase price, according to the terms of the proposal, the deposit shall be forfeited by appropriate resolution to that effect by the mayor and council of said city. Title on full payment. Section 5. In the case of any sale of lands, a certified copy of the proposal and resolution of acceptance, shall be admitted to record, with the deed of conveyance, in the office of the clerk of the Superior Court of the county where the land lies, as muniment of title. Record. Section 6. All laws and parts of laws in conflict herewith are hereby repealed. Approved January 21, 1938. COLLEGE PARK CHARTER AMENDMENTS. No. 94. 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 authorize and empower mayor and council of the City of College Park, a municipal corporation, to enter into agreements with other municipal corporations and/or political subdivisions for the joint and/or common construction, maintenance, operation and/or use of garbage disposal plants, waterworks systems

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and/or lines, and/or any other public utilities or services, within and/or outside the corporate limits of the City of College Park; also, so as to grant to the governing authorities of the city the authority to pass zoning and planning laws whereby the city 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 plans for development and improvement of real estate therein; 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, etc., 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. Mayor and council of the City of College Park, said municipal corporation, and its governing authorities, are hereby granted the authority to pass zoning and planning laws whereby said city 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 plans for development and improvement of real estate therein. Zoning and planning laws. Section 2. Mayor and council of the City of College Park, said municipal corporation and its governing authorities, are hereby authorized and empowered to enter into and perform agreement or agreements with any other municipal corporation or corporations and/or subdivision or subdivisions of the State of Georgia, for the joint and/or common construction, maintenance, operation

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and/or use of garbage disposal plant or plants, waterworks line or lines, waterworks system or systems, and/or any other public utility or utilities or public service or services, and any extension or enlargement thereof, or addition thereto, either wholly or partly within the corporate limits of the City of College Park or beyond said corporate limits, and/or wholly or partly within the corporate limits of such other municipal corporation or corporations and/or political subdivision or subdivisions, for the joint and/or common disposal of garbage; the acquisition, furnishing and use of water and water-supply and/or any other public utility or utilities or public service or services, respectively, in, by and from said City of College Park and/or other municipal corporation or corporations and/or political subdivision or subdivisions, or in and from any territorial parts or sections thereof, under such terms and conditions as to character of construction, maintenance, operation and/or use, the cost thereof, the division of said cost between the parties thereto, and/or otherwise, as may be provided by said agreement or agreements. Agreements with other municipalities, etc. Disposal plants. Water. Section 3. Mayor and council of the City of College Park, the municipal corporation aforesaid, and its governing authorities, are hereby authorized and empowered to provide for the payment of its portion of the cost of any joint and/or common construction, maintenance, operation and/or use of any of the garbage disposal plant or plants; waterworks line or lines, or system or systems, and/or any other public utility or public service, plant or plants, system or systems, and any extension or enlargement thereof, or any addition thereto, constructed under agreement or agreements entered into by said mayor and council of the City of College Park, said municipal corporation, or its governing authorities pursuant to the provisions of section 2 of this Act, either in whole or in part by the issuance of bonds for such purpose under and pursuant to the charter of said City of

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College Park and the Constitution and laws of said State, and/or from the general tax and/or other revenues of said city lawfully subject to use therefor. Provision for payment. Section 4. In the event any portion of this Act shall hereafter held to be invalid for any reason, such invalidity shall not affect any other portion of this Act. Invalidity. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 29, 1937. COLUMBUS ELECTIONS. No. 95. An Act to amend an Act approved August 8, 1918 (contained in Georgia Laws 1918, pages 608 to 624) amending the charter of the City of Columbus, Georgia, and relating to elections and voters in said city; this Act changing the date for holding the annual primary election for nominating members of the Commission of the City of Columbus (formerly the mayor and aldermen), so that said primary election shall be held on the first Saturday in December of each year, and providing that candidates in said primary election shall qualify as candidates at least two weeks before said primary 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, as follows: Section 1. That the Act approved August 8, 1918 (contained in the volume of Georgia Laws, 1918, pages 608 to 624) amending the charter of the City of Columbus, Georgia, and relating to elections and voters in said city, be, and the same is, hereby amended by striking from said Act of August 8, 1918, all of the second paragraph

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of section 7 of said Act (which said paragraph begins in the middle of page 614 and ends at the bottom of page 615 of said volume of Georgia Laws, 1918), and enacting in lieu of said paragraph so stricken a new paragraph, to constitute the second paragraph of said section 7, and to read as follows: Act of 1918 amended. All political parties or organizations shall nominate their candidates for members of the Commission of the City of Columbus, and all other officers which are now, or which may hereafter be elected by the people of said city, by primary elections; such primaries shall be held each year on the first Saturday in December, and it shall be the duty of the chairman or secretary, or other executive officer of the committee, or other governing body of such political party or organization holding such primary, to publish in one or more newspapers having a general circulation in said city, a notice that such primary will be held, specifying the offices in any committee or other party organization to be filled by election, and the date thereof, once a week for four weeks previous to the date fixed for same. All special primaries to nominate candidate or candidates for offices to be filled at special elections shall be held on such a date, not less than one week previous to the regular special election, as may be fixed by the executive committee or other governing body of the political party or organization holding such special primaries; and it shall be the duty of the chairman or secretary, or other executive officer of the executive committee, or other governing body of such political party or organization, to publish like notice of such special primaries. All persons wishing to qualify so as to become candidates in any general primary to be held on the first Saturday in December shall pay the assessments fixed by said committee, or other governing body, and to the person or official designated, on or before 12 o'clock noon of the Saturday two weeks previous to said general primary; and for a special primary, said assessments

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shall be paid, in like manner, on or before 12 o'clock noon of the day which is two weeks previous to said special primary. At all of said general and special primaries, the polling places shall be opened and ready for the voters at 6 o'clock A. M., and shall be closed at 7 o'clock P. M. For all such primaries the executive committee or other governing body of the political party or organization holding them shall cause to be erected at all polling places where ballots are received, a booth or booths, each of sufficient size to accommodate one voter at a time, and so constructed that the voter, in preparing his ballot to be voted at said election, shall be screened from observation by any and all persons; and all voters in such elections are hereby required to enter the compartment or booth so erected for the purpose of preparing and casting their ballots, said booths to be constructed so as to admit of easy approach and access to the ballot box or boxes where the ballots of such voters shall be deposited. Only one voter shall be admitted into a booth at the same time, and no person shall be allowed inside a booth or compartment said voter shall have prepared and cast his ballot, which he shall do as speedily as the same can be done, in order to permit other voters to enter for the same purpose; provided, that any voter may request any two managers of the election to prepare his ballot for him, if, by reason of being unable to read, or blindness or other physical infirmity, such voter may be unable to prepare his ballot for himself. New par. 7 of sec. 2. Primary elections. Publication. Time. Notice. Candidates. Assessments. Polls. Secret ballots. Booths. Proviso. Section 2. That all laws or parts of laws in conflict herewith be, and they are, hereby repealed. Approved December 29, 1937.

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COLUMBUS TAXATION. No. 326. An Act to amend the charter of the City of Columbus, Georgia, as amended by the Act of the General Assembly of Georgia approved July 31, 1923, entitled An Act to amend the charter of the City of Columbus so as to confer power and authority upon said duty to levy and collect for the purpose of paying the ordinary current expenses of said city an ad valorem tax upon all property located within the said city, subject to taxation, not exceeding seven mills, and for other purposes, this amendment conferring power and authority upon said city to levy and collect, for the purpose of paying the ordinary current expenses of said city, an ad valorem tax upon all property within said city, subject to taxation, of not exceeding eight (8) mills upon the value of said property for the years 1938, 1939 and 1940, and an ad valorem tax, for such purpose, of not exceeding seven (7) mills annually thereafter; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. That the charter of the City of Columbus, Georgia, (approved November 29, 1890), as amended by said Act of the General Assembly of Georgia approved July 31, 1923, be, and it is, hereby amended by striking all of the second paragraph of section 1 of said Act approved July 31, 1923, which paragraph is known as section XV-A2 of said charter approved November 29, 1890, and enacting in lieu of said paragraph so stricken a new paragraph, to be known as section XV-A2 of said charter approved November 29, 1890, and to read as follows: Acts of 1890 and 1923 amended.

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Section XV-A2. That for the purpose of paying the ordinary current expenses of the City of Columbus, Georgia, as such term `ordinary current expenses' is defined in section 92-4102 of the Georgia Code of 1933, said city is hereby empowered and authorized to levy and collect, under new ordinance or by amendment to existing ordinance, an ad valorem tax upon all property within said city, subject to taxation under the laws of Georgia, said levy not to exceed eight (8) mills upon the value of said property for each of the years 1938, 1939 and 1940, and an ad valorem tax, for such purposes, not to exceed seven (7) mills annually thereafter. Current expenses. Tax levy. Section 2. That all laws or parts of laws plainly in conflict herewith are hereby repealed; but all powers of taxation granted said city under its own charter or under the general laws of the State, and not specifically limited hereby, are preserved. Powers preserved. Approved February 7, 1938. DAWSONVILLE CHARTER AMENDMENTS. No. 99. An Act to amend the charter of the Town of Dawsonville, Georgia, so as to give the mayor and council of said town the right to borrow money for municipal purposes, and to acquire, rent, lease, sell, mortgage, or otherwise dispose of, either real or personal property, and to make and enforce ordinances for the sanitation of said town. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, that the charter of the Town of Dawsonville, Georgia, be and the same is hereby amended by adding the following: The Town of Dawsonville, Georgia, by the mayor and councilmen of said town, shall be enabled by law,

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and is hereby authorized and empowered to purchase, hold, rent, lease, receive by donation or otherwise, sell, exchange, possess and retain, either temporarily or permanently, any property, whether real or personal, and of any kind whatsoever, whether within or without the corporate limits or said town for corporate purposes, and the mayor and councilmen of said town are hereby authorized and empowered to borrow money for corporate purposes of said town, and to mortgage, or put up as collateral in any way they may deem to the best interest of said town, any property that said town may now possess or hereafter acquire. And it is further provided that said town may sue and be sued, plead and be impleaded. Property powers. Borrowing power. Suits. And the mayor and councilmen of said town are also hereby authorized and empowered to make and enforce any ordinances deemed necessary for the proper sanitation of said town, which are not in conflict with the laws of this State. Ordinances. Approved December 29, 1937. DECATUR TERRITORIAL EXTENSION. No. 102. An Act to amend an Act, approved August 17, 1909, creating and establishing a new charter and municipal government for the Town of Decatur, now City of Decatur, in the County of DeKalb, and the several Acts amendatory thereof, so as to change, enlarge, and extend the corporate limits of the City of Decatur in the County of DeKalb, by the incorporation of additional and contiguous territory therein; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority aforesaid, that an Act approved August 17, 1909, creating and

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establishing a new charter and municipal government for the Town of Decatur, now City of Decatur, in the County of DeKalb, and the several Acts amendatory thereof, be and the same is hereby amended so as to change, enlarge and extend the corporate limits of said City of Decatur, by including therein the following additional and contiguous territory described as follows, to wit: All that tract or parcel of land lying and being in Land Lots 4 and 5 of the 18th District, DeKalb County, Georgia, more particularly described as follows: Act of 1909 amended. Extension of limits. Beginning at a point on the south line of Land Lot 4 of the 18th district where the present city limit line intersects said land lot line, running thence west along the south line of said land lot four hundred eighty-five (485)feet, more or less, to the eastern right of way of the Seaboard Air Line Railroad; thence northeast along the eastern right of way line of the Seaboard Air Line Railroad, 700 feet, more or less to a point where a line one hundred fifty (150) feet north of and parallel with Napier Place would intersect said right of way line; thence east parallel with and one hundred fifty (150) feet north of Napier Place one thousand four hundred eighty-five (1,485) feet, more or less, to a point where a line 200 feet west of and parallel with the right of way line of Scott Boulevard would intersect said line; thence north-east along a line two hundred (200) feet from and parallel with the right of way line of Scott Boulevard one thousand two hundred (1,200) feet, more or less, to a point on the old city limit line, said point being six hundred (600) feet southwest of Clairemont Avenue; thence southeast continuing along the old city limit line which is six hundred (600) feet from and parallel with Clairemont Avenue, one thousand seven hundred forty (1,740) feet, more or less, to a point where a circle having a radius of one-half mile with the court house as center, intersects said line; thence southwest along a circle with the court house as center and a constant distance of one-half mile from the

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court house, said circle being the old city limit line, six hundred (600) feet, more or less, to a point where said circle intersects with a line three hundred (300) feet north of and parallel with the southline of land lot 5 of the 18th district; thence west three hundred (300) feet north of and parallel with the south line of land lots 5 and 4 of the 18th district, along the old city limit line, two thousand eight hundred seven (2,807) feet, more or less, to a point; thence south along the old city limit line three hundred (300) feet, more or less, to the south line of land lot 4 of the 18th district, the point of beginning. Description. Section 2. Be it further enacted by the authority aforesaid, that said territory hereinabove described, the residents thereof and the property therein, shall become a part of the City of Decatur when this Act goes into effect, and such territory, residents, and property shall be subject to all of the laws and ordinances governing said City of Decatur, at all times, to the same extent as the territory, residents, and property of said City of Decatur are subject. Such additional territory shall become parts of the wards of said city to which they are contiguous, subject, however, to be changed by the Commissioners of said city whenever they may consider it to the interest of said city to change the ward lines thereof. Territory. Residents. Section 3. Be it further enacted by authority aforesaid that this Act shall become effective on the first (1st) day of January, 1938. Effective date. Section 4. Be it further enacted by authority aforesaid that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved December 27, 1937.

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DOUGLAS CHARTER AMENDMENTS. No. 30. An Act to amend the charter of the City of Douglas, approved December 20, 1899, as amended by the several subsequent Acts, including the Act of August 17, 1918 (Georgia Laws 1918, p. 691), providing for the creation of the Water and Light Commission; to provide for a form of government in said city composed of a mayor, commissioners, and a city manager, in lieu of the present form of government by mayor and board of aldermen or council, and to declare the rights and powers of said government; to abolish the offices of mayor and alderman as constituted under the present charter; to abolish the Water and Light Commission of said city; to amend or repeal such sections of the charter as may be deemed necessary to carry into effect the said commissionercity manager form of government; to provide for the appointment and election of the mayor, commissioners and city manager, and to provide their powers and duties; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, that from and after the approval of this Act, and after the referendum herein provided for; the Act approved December 20, 1899, creating a new charter for the City of Douglas, and the several Acts amending the same be and the same are hereby amended as follows: Act of 1899 amended. Section 1. The corporate existence, identity, territorial limits and jurisdiction of the City of Douglas shall be preserved unto said city except as altered or amended by this Act and as a corporate body politic, under said name said city shall have perpetual succession, may sue and be sued, have and use a corporate seal, and may make, alter, and amend rules, regulations, by-laws, resolutions, and ordinances for its government and the exercise of its

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corporate powers; not in conflict with this Act, the Constitution and laws of Georgia, and of the United States of America, and said City of Douglas shall have and exercise such general powers as are usually exercised by the municipal corporation of this State. Corporate powers, territory, etc. Section 2. The political wards and ward lines are no longer continued as political subdivisions of the City of Douglas, and are hereby abolished. Abolishing wards. Section 3. The present form of government of the City of Douglas by the mayor and board of aldermen, and the offices of mayor and alderman, are hereby abolished. Form of government. Section 4. There is hereby created a commission, in which the municipal government of the City of Douglas shall be hereafter vested, and said commission, except as otherwise prescribed by this Act, or by the general laws or the Constitution of Georgia or the United States, shall have, possess, and exercise all the authority and powers, executive and legislative and judicial, now had, possessed and exercised by the mayor and board of aldermen under the existing charter before the passage of this Act. City commission. Powers. Section 5. The commission shall consist of a mayor and commissioners. The individuals who are the present mayor and aldermen shall, during the time corresponding to the terms to which they were elected serve as mayor and commissioners as defined in this Act. In this manner S. M. McCranie will be the mayor, and he, together with L. H. Taylor, W. S. Conner, E. E. Roberts, and Elie T. Tanner will constitute the city commission from the time this Act goes into effect until the first Monday in January, 1939. On the third Saturday in December, 1938, at a regular city election, a mayor and one commissioner will be elected by the qualified voters of the city to serve as members of the commission from January, 1939, to January, 1941, and until their successors are elected and qualified. The two elected members, and E. E.

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Roberts and Elie T. Tanner, resent aldermen will constitute the commission until the first Monday in January, 1940. On the third Saturday in December, 1939, at the regular city election, and annually on the same date thereafter two members of the commission, or a mayor and one member of the commission, depending on the vacancies, will be elected for a term of two years beginning the first Monday in January following their election. The commission will therefore consist of a mayor and three commissioners at all times after the first Monday in January, 1939. Mayor and commissioners named. Election and terms. Section 6. The qualifications for mayor or member of the commission shall be the same as those heretofore prescribed for mayor and alderman. The existing registration and election laws shall remain unchanged except as to the abolishment of the offices of mayor and alderman, and the substitution of the offices of mayor and commissioner, and except as provided otherwise in this Act. The commission shall administer said laws and all other laws in the place of the mayor and board of aldermen. Qualifications. Laws of force. Section 7. Any vacancy occuring or existing in the city commission, except as otherwise provided in this Act, shall be filled by an election of the remaining members of the commission. The commissioner so elected shall hold office for and during the unexpired term of the member he succeeded. Should all memberships in the city commission, for some cause become vacant at the same time, the then governor of Georgia shall appoint qualified persons to fill said vacancies, the Commissioners so appointed to hold office during the unexpired terms of the Commissioners whom they succeed. Vacancies. how filled. Section 8. The compensation of the mayor shall be $300.00 per year, and of each Commissioner shall be $150.00 per year. Salaries.

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Section 9. The mayor shall preside at all meetings of the commission, and perform such other duties consistent with the office as may be directed by the commission; and shall have a voice and vote in all of the proceedings of the commission, but no veto power. The mayor may use the title of mayor in any case in which the execution of legal instruments of writing, or other necessities arising, where the general laws of the State, or the provisions of present charter of the City of Douglas, in conflict with this Act so require. This shall not, however, be construed to confer upon the mayor the usual functions of a mayor under the general laws of this State. The mayor shall continue to exercise the judicial power as judge of the mayor's or recorder's court heretofore exercised in case from absence, death, or disability from any cause the mayor shall be unable to act, then any other Commissioner disignated by the remaining members of the city Commission may discharge the duties and functions of the mayor. The mayor of the city shall be recognized as the official head of the city by the courts for the purpose of serving civil process, by the Governor for the purpose of military law, and for all ceremonial purposes. Mayor's duties and powers. City recorder. Service of process. Section 10. The Commission may determine its own rules of procedure, and may compel attendance of its members in such manner as it may determine. It shall keep a journal of its proceedings. A majority of all of the members of the Commission shall constitute a quorum to do business. The affirmative vote of a majority of the Commission, including the mayor, who as heretofore provided, is a member of the Commission, shall be necessary for the election of any officer, or the removal of any officer, or the passage of any ordinance or resolution. No person elected to the Commission shall, during the term for which such person was elected, be elected to any other position or office of trust or profit under the city government, except as changed or modified by the terms of this Act, all rules of procedure now in force with reference

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to the handling of business and passage of ordinances by the mayor and council under the present charter, shall continue of force until changed and modified by the Commission. Commission's duties and powers. Section 11. The Water and Light Commission of the City of Douglas established by ordinance in pursuance of an Act of the General Assembly, is hereby abolished, and all powers, duties and authority vested in said Water and Light Commission, is hereby vested in the city Commission. Water and light commission abolished. Section 12. The Commission immediately after this Act goes into effect, and at its first regular meeting, after assuming office and organizing, or at a later meeting, but as soon as is practicable, shall elect a city manager. This officer shall be elected for an indefinite term, and be subject to removal at any time by the affirmative vote of a majority of the Commission as at that time constituted. The city manager may be removed by the vote of such majority in this manner, without any hearing, and the right of removal shall be an absolute right with or without cause, therefore, and the city manager shall have no right to bring any action for such removal or to recover any salary after such removal. The city manager shall be the agent and representative of the Commission, and his administrative acts shall be at all times subject to the supervision of the Commission. Such manager shall be chosen upon the basis of effective and administrative ability. It is not necessary that he shall be an inhabitant of the city or State at the time of his election, though he shall reside in the city after his election as long as his service as city manager continues. The compensation of the city manager shall be fixed by ordinance passed by the Commission, but shall not exceed the sum of $3,000.00 per year. During the absence or disability of the city manager, the Commission may designate some properly qualified person to discharge his duties, or perform his duties themselves. City manager. Removal. Agency. Supervision. Residence. Pay. Absence.

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Section 13. The city manager must devote his full working time and attention to the affairs of the city, and shall be directly responsible to the Commission for the efficient and business-like administration of all of the affairs of the city. He shall give bond for the faithful performance of his duties in some bonding company to be approved by the Commission in such amount as the Commission shall require, the premiums on said bond to be paid by the city. The city manager shall have power and it shall be his duty: Manager's duties. Bond. (a) To see that all laws and ordinances are enforced. (b) To appoint, subject to the confirmation of the Commission, a marshal or chief of police, who shall be the head of the police department, a chief of the fire department, an overseer of the department of streets and health, a superintendent of the water and light plant, should such be necessary, and the city clerk. The city manager shall not have any authority to appoint the members of the Board of Education, which shall be continued in the same manner as heretofore, except that the Commission shall exercise the supervision and power of appointment previously exercised by the mayor and board of aldermen of said board. Likewise, he shall not appoint the city attorney, who shall be selected by the Commission. The city manager shall further have the power, and it shall be his duty to appoint and employ, with the advice of the heads of the several departments of the city government, all other necessary employees of the city. The power to appoint the necessary employees of the city shall be finally vested in the city manager, but he shall advise with the heads of the several departments in making such appointments. Appointments in part. (c) To remove the heads of departments appointed by him, with the consent of the Commission, after stating in writing to the Commission the reason and causes for such removal; to remove all other city employees appointed

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by him without assigning any reason to the Commission. Removals. (d) To exercise supervision and control of the police department, fire department, department of streets and health, water and light commission, and department of finance, which last department shall include the office of city clerk, and shall include all of the functions heretofore performed by the clerk of the Water and Light Commission which commission is abolished by this Act. The city manager shall have no control or supervision over the city hospital or public schools, other than to make recommendations with reference thereto. Control. (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 Commission the adoption of such measure as he may determine necessary or expedient. (g) To make and execute all lawful contracts on behalf of the city with the approval of the Commission, except such as may otherwise be provided by law, or by ordinance passed by the Commission. No contract purchase or obligation involving more than $100.00 shall be entered into until after approval by the commission. Contracts. (h) To act as budget commissioner, and as such to prepare and submit to the commission at the beginning of each fiscal year, a budget of proposed expenditures for the ensuing year, showing the amounts alloted to each department of the city government, and the reason for such estimated expenditures, and also the estimated revenues for said year. Budget. (i) To keep the commission at all times fully advised as to the financial condition and needs of the city. (j) To fix all salaries and compensation of department heads and all other city employees appointed by him. Salaries.

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(k) To perform such other duties as may be prescribed by this Act, or required of the city manager, by ordinance or regulations of the city commission. Other duties. Section 14. The Water and Light Commission having been abolished, all records, books and accounts previously kept by the clerk of the water and light commission shall be kept by the city clerk, and all duties heretofore performed by the members of the water and light commission shall be performed by the city commission and the city manager, and such employees as they shall deem necessary. The commission may, by ordinance, add any additional functions and duties to any of the present city departments, and may create new and additional departments, and may combine any of the departments, and the duties and functions thereof, generally having the power to make such rules and regulations in regard to said departments as may be deemed wise and expedient for the economic and efficient administration of the affairs of the city. The commission may in its discretion combine the duties of two or more officers. Water and light. Section 15. No member of the city commission, the city manager, or any other officer or employee of the city, shall directly or indirectly be interested in any contract, job, work, or service with or for the city other than his official interest therewith as an officer or employee of the city, any such contract in which said parties have a personal interest shall be void. Interest forbidden. Section 16. On the first Monday in January in each year next following the regular municipal election, at which the Commissioners and mayor are elected, the commission shall meet at the usual place for holding meetings of the Legislative body of the city, at which time the newly elected commissioners shall assume the duties of their office, and subscribe to the following oath, which shall be administered by the retiring city clerk, or any judicial officer of the State or county: Meetings.

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I do solemnly swear that I will faithfully demean myself as a Commissioner of the City of Douglas, during my continuance in office, that I will discharge the duties of the office to the best of my ability, and will at all times uphold the provisions of the charter of the City of Douglas, the Constitution and laws of the State of Georgia, and of the United States. So help me God. The oath of the mayor, a member of the commission, shall be in the same form, except that he shall be sworn in as mayor. Oath of office. Section 17. After organization, the commission shall meet at such times as may be prescribed by ordinance or resolution, provided that it shall meet each Monday night, as the mayor and board of aldermen meet at present, unless this should be changed or modified. The mayor of the commission, any member thereof, or the city manager, may call special meetings of the commission at any time, all members and the city manager to be notified thereof. All meetings of the commission shall be public and any citizen may have access to the minutes and records thereof at all reasonable times, except that in special instances the commission may go into executive session and exclude the public. Meetings. Section 18. All ordinances and resolutions shall be passed under the same rules and regulations now of force under the present charter of the City of Douglas, except as same may be changed or modified by the terms of this Act, or may be hereinafter changed or modified by the commission. Ordinances, etc. Section 19. All administrative and judicial offices and departments of the city in existence upon the passage of this Act, shall and unless otherwise provided by this Act continue until otherwise provided by the commission. Existing offices, etc. Section 20. All laws and ordinances of the City of Douglas, and all rules and regulations regarding the administration of the affairs of the city now of force, and not inconsistent with the terms of, or changed by this

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Act, shall be and remain of full force and effect, until legally changed by the commission. Laws of force. Section 21. The present method of audits, assessing property for taxation, and levying and collecting all taxes, shall, until changed by the commission, remain of force and effect. Taxation. Section 22. The provisions of this Act shall not become effective until submitted to a vote of the qualified voters of the City of Douglas, as herein provided, at a general city election to be held as usual on the third Saturday in December, 1937, provided that it shall become effective if submitted and approved at a special election called any time after the passage of this Act. The qualified voters of the City of Douglas, Georgia, who favor this amendment of the charter shall have written or printed on their ballots, the following words: For amendment to the charter of the City of Douglas. Those who oppose said amendment shall have written or printed on their ballots Against amendment to the charter of the City of Douglas. Should a majority of the qualiified voters of the City of Douglas, voting at said election upon said question, vote in favor of the amendment then and in that event this Act shall become of full force and effect and not otherwise. This election shall be conducted according to the general rules of elections for said city. Referendum. Ballots. Section 23. If any section or part of a section of this Act shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, the same shall not be held to invalidate or impair the validity, force or effect, or any part of a section of this Act, but shall be confined in its operations to the section or part of a section directly involved in the controversy, in which judgment shall have been rendered. Invalid parts. Section 24. All laws or parts of laws in conflict of this Act are hereby repealed. Approved December 15, 1937.

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DUBLIN CIVIL SERVICE. No. 51. An Act to amend the Act creating a new charter for the City of Dublin, reincorporating said city, defining its territorial limits, and for other purposes, approved March 31, 1937 (Ga. Laws 1937, pp. 1771-1818), by amending the sections thereof which relate to the employment and discharge of city officers and employees, and by setting up and establishing a Civil Service Commission, with authority to examine and employ all of the officers and employees of said city, excepting those elected by the people, fixing its term of office, prescribing its duties; 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 article II, section 17 of the Act creating a new charter for the City of Dublin, reincorporating said city, defining its territorial limits, and for other purposes, approved March 31, 1937, appearing on page 1794 of Georgia Laws of 1937, be and the same is hereby amended by striking therefrom beginning with the words their term in line four thereof and ending with the words of the mayor in line seven thereof the following language, to wit: 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. and inserting in lieu thereof the following: Their term of office shall be for one year, but they may be suspended or discharged for cause by a vote of two members of the Civil Service Commission created by this Act after trial and conviction had before the

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same and upon written charges of neglect of duty, malpractice in office or other conduct unbecoming to his station, so that the whole section when amended shall read as follows: Act of 1937 amended. To be read. 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 one year, but they may be suspended or discharged for cause by a vote of two members of the Civil Service Commission created by this Act after trial and conviction had before the same and upon written charges of neglect of duty, malpractice in office or other conduct unbecoming to his station. Police. Terms of office. Section 2. That article II, section 18 of the said Act appearing on page 1794 of Georgia Laws of 1937 and approved March 31, 1937, be and the same is hereby amended by striking section 18 in its entirety and inserting in lieu thereof a new section to be numbered as section 18 and to read as follows: The Civil Service Commission shall elect a chief of the fire department and other officers and men thereof, the number of which to be prescribed by the mayor and council by ordinance, whose term of office shall be for one year, but they may be removed for cause in the same manner as provided in the manner in which police officers may be removed. Fire chief. Section 3. That article II, section 19 of the said Act approved March 31, 1937, and appearing on pages 1794-1795 of the Georgia Laws of 1937, be and the same is hereby amended by striking therefrom beginning with the words These officers in line four of said section on page 1794 and ending with the words Board of aldermen in lines 9 and 10 of said section, the following language, to wit:

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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 shall be elected by a majority vote of the board of aldermen. and inserting in lieu thereof the following language: These officers shall serve for one year and until their successors are elected and qualified but they may be removed for cause on a vote of two of the members of the Civil Service Commission after trial and conviction had before the same on written charges of neglect of duty, malpractice in office or other conduct unbecoming to their station. so that said section when amended shall read as follows: 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 one year and until their successors are elected and qualified, but they may be removed for cause on a vote of two of the members of the Civil Service Commission after trial and conviction had before the same on written charges of neglect of duty, malpractice in office or other conduct unbecoming to their station. Treasurer, clerk, and other officers. Section 4. That article II, section 20 of said Act approved March 31, 1937, and appearing on page 1795 of Georgia Laws of 1937, be and the same is hereby amended by striking therefrom beginning with the words Be it further enacted in the first line of said section and ending with the words good government of said city in line eleven of said section, the following language:

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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. and inserting in lieu thereof the following language, to wit: Be it further enacted that the Civil Service Commission of said city on or before the 15th day of January, 1938, and annually thereafter, shall appoint 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, the number of said policemen or firemen, as the case may be, to be prescribed by the mayor and council by ordinance adopted by them. 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 the opinion of the mayor and council, for the conduct and supervision of the various departments of said city and for the good government of said city. so that said section when amended shall read as follows: Be it further enacted that the Civil Service Commission of said city on or before the 15th day of January, 1938, and annually thereafter, shall appoint 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, the number of said policemen or firemen, as the case may be, to be prescribed by the mayor and council

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by ordinance adopted by them, 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 the opinion of the mayor and council, 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. Civil Service Commission. Section 5. That article II, Section 24 of the Act approved March 31, 1937, appearing on pages 1796-1797, be and the same is hereby amended by striking therefrom beginning with the words Be it further enacted in line one of said section and ending with the words a city recorder in line three of said section the following language: Be it further enacted, that the mayor and board of aldermen shall elect a city recorder. and inserting in lieu thereof the following: Be it further enacted that the Civil Service Commission shall elect a city recorder. and by further amending said section 24 by striking therefrom on page 1797 beginning with the words, The recorder may in line eleven of said section, and ending with the words, and removal in line seventeen of said section, the following language: 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.

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and inserting in lieu thereof the following: The recorder may be removed from office by a vote of two members of the Civil Service Commission after trial and conviction had before the same upon written charges of neglect of duty, malpractice in office or other conduct unbecoming his station. so that said section when amended shall read as follows: Be it further enacted that the Civil Service Commission 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 to even justice between the city and the accused. This oath shall be entered on the minutes of the mayor and board of aldermen. The recorder may be removed from office by a vote of two members of the Civil Service Commission after trial and conviction had before the same upon written charges of neglect of duty, malpractice in office or other conduct unbecoming his station. 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. Recorder of city. Section 6. Be it further enacted that article II of said Act be further amended by adding thereto a new section at the end of said article to be known as section 30 and to read as follows: New sec. 30. Section 30. That from and after the passage of this Act there shall be created hereby a Civil Service Commission to be composed of three members, namely: Harry L. Taylor, W. H. Shuman and E. G. Simmons, who shall hold office for a period of years ending on the 15th day of January, 1939, 15th day of January, 1940, and the

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15th day of January, 1941, at which time their successors shall be appointed by the mayor of the City of Dublin and their successors in office shall hold office for a period of three years from the 15th day of January, 1939, the 15th day of January, 1940 and the 15th day of January, 1941. That Harry L. Taylor shall hold office until the 15th day of January, 1939, and until his successor is appointed and qualified by the mayor. That W. H. Shuman shall hold office until the 15th day of January, 1940 and until his successor is appointed and qualified by the mayor and E. G. Simmons shall hold office until the 15th day of January, 1941, and until his successor is appointed and qualified by the mayor. Civil Service Commission named. Section 7. Be it further enacted that article II of said Act be amended further by adding thereto a new section to be known and numbered section 31 and to read as follows: Section 31. That the above named persons who shall compose the Civil Service Commission for the City of Dublin shall within sixty days from the passage of this Act select all employees and officers contemplated by the charter of the City of Dublin for 1938, after having held such competitive examination as they may prescribe. New sec. 31. Employees. Section 8. That article II of said Act be amended by adding a new section at the end thereof to be numbered section 32 and to read as follows: Section 32. That the present officers and employees of the City of Dublin shall hold office until such time as the examination contemplated in section 31 of this Act and the appointment of their successors shall be made, by the Civil Service Commission and that such officers appointed by virtue of this Act shall hold office for a period of one year unless sooner removed for cause. New sec. 32. Tenure of office.

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Section 9. That article II of said Act be further amended by adding a new section at the end thereof to be numbered section 33 and to read as follows: Section 33. That the Civil Service Commission created by this Act shall have the right to prescribe such rules and regulations governing physical fitness, qualification, age, experience of persons applying for examination, as they may see fit and proper. New sec. 33. Rules, etc. Section 10. That article II of said Act be further amended by adding at the end thereof a new section to be numbered section 34 and to read as follows: Section 34. That the Civil Service Commission created by this Act shall hold such mental examination either written or oral as they see fit of all applicants and their grading of results of examinations shall be final and subject to inspection or review by no person. New sec. 34. Examination. Section 11. Be it further enacted that article II of said Act be further amended by adding at the end thereof a new section to be known and numbered section 35 and to read as follows: Section 35. That each of said officers appointed by the Civil Service Commission by virtue of this Act shall be paid such salaries, take such oath, give such bond, and perform such duties as the mayor and board of aldermen shall prescribe. New sec. 35. Salaries, oath, bond, duties. Section 12. That article II of said Act be further amended by adding at the end thereof a new section to be numbered as section 36 and to read as follows: No member of the Civil Service Commission shall receive any compensation for performing such duties. Should any member of the Civil Service Commission named herein, or hereafter named by the mayor, refuse to serve, the mayor shall name some other person, but not prior to the expiration of sixty days after the enactment of this Bill. New sec. 36. No compensation.

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Section 13. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved December 22, 1937. DUBLIN WATER REVENUE. No. 400. An Act amending the Act creating a new charter for the City of Dublin, reincorporating said city, defining its territorial limits, and for other purposes approved March 31, 1937 (Georgia Laws 1937), pages 1771-1818, by amending article 1, by adding a new paragraph immediately following section 19, to be numbered section 20, to provide for the marshalling of water moneys derived from the operation of municipally owned water plant, to provide for the placing of said water money in the sinking fund, and to provide for the expenditure from said moneys for necessary operating expense, which expense shall be current, and to provide for the spending of said water moneys for purposes of making improvements to or extensions of the water system, and to provide for the renumbering of said sections of article 1, to provide for the punishment of persons violating 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: Section 1. That article 1 of the Act creating a new charter for the City of Dublin reincorporating said city, defining its territorial limits and for other purposes approved March 31, 1937, appearing on pages 1771-1818 both inclusive of Georgia Laws of 1937 be and the same is hereby amended by inserting a new section to be known as section

Page 1080

No. 20. Immediately after section 19, on page 1783 to read as follows: Act of 1937 amended. Section 20. That from and after the passage of this Act it shall be the duty of the mayor and council to place all revenue derived from the operation of the city water plant in the sinking fund, which said sinking fund is now controlled by the Sinking Fund Bond Commission of the City of Dublin for the purpose of retiring said bonds issued and outstanding for the construction of the present water plant and all former water plants and water extensions, whether the same be refunding bonds or an original issue. Provided however that the mayor and council shall be required first to pay from the revenue derived to the City of Dublin by virtue of the operation of the water plant, all current operating expense of every description, and maintenance, and all cost of extensions. additions and improvements to be made to said system by order of the mayor and council. New sec. 20. Water revenue to retire bonds. Proviso. Section 2. Be it further enacted that said article 1 of said Act creating a new charter for the City of Dublin reincorporating said city, defining its territorial limits and for other purposes approved March 31, 1937, appearing on pages 1771-1818, both inclusive of Georgia Laws of 1937 be and same is hereby amended by inserting a new section to be known as section 21. Section 21. It is the intention of this Act to provide that only the net profits or earnings after having paid all operating expense, and expense of improvement, or extension, shall be placed into the sinking fund for the purpose of retiring bonds issued for water extension and improvement, or construction of the present or any former municipally owned water plant. New sec. 21. Sinking fund. Section 3. Be it further enacted that said article 1 of said Act creating a new charter for the City of Dublin reincorporating said city, defining its territorial limits,

Page 1081

and for other purposes approved March 31, 1937, appearing on pages 1771-1818 both inclusive of Georgia Laws of 1937 be and the same is hereby amended by inserting a new section to be known as section 22. New sec. 22. That the use of the revenue or money for any purpose other than those herein set out by any person, or body of persons which shall include, the mayor and council individually or collectively, the Sinking Fund Bond Commission, or any city official, shall constitute a misdemeanor and upon trial and conviction therefore shall be punished as is now prescribed by the General Statute of this State in cases of misdemeanors. Misuse a misdemeanor. Section 4. Be it further enacted that said article 1 of said Act creating a new charter for the City of Dublin reincorporating said city, defining its territorial limits and for other purposes approved March 31, 1937, appearing on pages 1771-1818, both inclusive of Georgia Laws of 1937 be and same is hereby amended by renumbering section 20 on page 1783 and designating same as section 23. Section 5. That if the court shall construe any section or paragraph of this Act unconstitutional that the remainder of this Act shall be valid and remain in full force and effect. Invalid parts. Section 6. That all laws and parts of laws in conflict with this Act be and same are hereby repealed. Approved February 16, 1938. EASTMAN ZONING REGULATIONS. No. 232. An Act to amend an Act granting to the City of Eastman a charter, approved August 6, 1921, Georgia Laws 1921, page 883, et sequentia, and the several amendatory Acts thereof, to grant to the governing authorities of

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the City of Eastman authority to pass zoning and planning laws whereby the City of Eastman 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; 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 granting to the City of Eastman a charter, approved August 6, 1921, Georgia Laws 1921, page 883, et sequentia, and the several amendatory Acts thereof, be and the same hereby is amended as follows: Act of 1921 amended. Section 1. That the City of Eastman is hereby authorized, by and through the Council of the City of Eastman, to pass zoning and planning laws whereby said city may be zoned or districted for various uses, and other or different uses prohibited therein, and shall be further authorized to pass laws regulating uses for which said zones or districts may be set apart, and to regulate the plans for developing and improving the real estate within the corporate limits of said city. Districts. Regulations. Section 2. That the Council of the City of Eastman shall have power and authority to prepare and adopt 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. Plans. Section 3. That the Council of the City of Eastman, may, in the interest of public health, safety, order and convenience, comfort, prosperity and general welfare, adopt by ordinance a plan or plans for the purpose of regulating the location of trades, industries, apartment houses, dwellings or other uses of property, or for the

Page 1083

purpose of regulating the height of buildings or other structures, or for the area or dimensions of the lots or yards used in connection with buildings or other structures, or for the purpose of regulating the alignment of buildings or other structures near street frontages. The zoning regulations may be based upon any one or more of the purposes above described. The City of Eastman may be divided into such number of zones or districts, and such zones and districts may be of such shape and area, as the Council of the City of Eastman 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 upon the nature or character of the trade, industry, profession or other activity to be conducted upon the premises, the number of persons, families or other groups to reside in or use the 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. Buildings. Bases. Section 4. For the reasons above stated, said Council of the City of Eastman 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 residences or 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. Classes. Section 5. That the Council of the City of Eastman, before adopting the plan herein provided for, shall hold a public hearing thereon, notice of which shall be given in a newspaper of general circulation in said city, and a copy of such plan and proposed ordinance shall be on file in the office of the city manager or such other office as may be designated in said notice for public examination. Hearings. Notice.

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Section 6. The Council of the City of Eastman shall have power and authority to alter, amend and change such zoning plan from time to time, as in their discretion may seem best, but notice of any such proposed change shall be given in the manner provided in section five (5) hereof. Alterations. Section 7. The zoning regulations shall be enforced by the City Manager of the City of Eastman and by such other officials, officers and employees of the City of Eastman as may be directed by the Council of the City of Eastman Enforcement. Section 8. Appeals may be made to the Council of the City of Eastman, which, for such purpose, shall be the Board of Zoning Appeals of the City of Eastman, by any interested party for a change in said zoning plans or regulations, but the party making such appeal shall give notice thereof in the manner provided in section five (5) of this Act, and shall further specify his appeal and the nature and grounds thereof in writing in such manner and within such time as the Council of the City of Eastman may direct. Appeals. Notice. Section 9. Every decision of the Council of the City of Eastman as such, or as the Board of Zoning Appeals of the City of Eastman, as to zoning regulations shall be subject to writ of certiorari from the Superior Court of Dodge County, Georgia, upon the same terms as such writs are issued in any case. Certiorari. Section 10. For the purpose of carrying out the intentions of this Act, the council may employ such technical, consulting or efficiency experts, or such other employees, as to the council may seem expedient. Experts. Section 11. The Council of the City of Eastman may, in its discretion, appoint a commission of not less than three nor more than five citizens of the City of Eastman to serve as a board of advisors, who shall hold office at

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the will of the council. The board of advisors shall confer with and advise the council in the making of a comprehensive zoning plan for the City of Eastman and shall receive the cooperation of all officials, officers and employees of the City of Eastman. They shall serve without pay. Board of advisors. Section 12. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved January 25, 1938. EAST POINT CHARTER AMENDMENTS. No. 111. 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, to authorize the City of East Point to contract with other municipalities and political subdivisions and to cooperate with other municipalities and political subdivisions, in acquiring, establishing, building, maintaining, and operating within and/or without said city, such garbage disposal system and plant, such water, sewerage, and electric light plant, lines, systems and facilities and for library or other public buildings, utilities, and/or services in addition to existing plants, systems, buildings, facilities, lines, and services as the City Council of East Point may at any time deem for the best interest of said city; to provide that all persons hereafter elected or appointed to the police and/or fire departments of said city shall be subject to removal without cause or notice of any kind during the first six months after such election or appointment, and that the right of such persons to hold office during good behaviour and efficient service under Civil Service rules and regulations adopted by said city, shall not exist unless,

Page 1086

nor until such persons shall have first served continuously for six months in the department to which elected or appointed to the satisfaction of said city, which six month period shall be a probationary period during which such person shall be on trial and subject to be removed at any time by vote of the City Council of East Point, without any cause, notice, hearing or trial of any kind; to provide grounds of removal from office of persons serving during good behaviour and efficient service under Civil Service rules and regulations adopted by the City Council of East Point; to provide that no persons shall be appointed or elected to any position under Civil Service rules to serve during good behaviour and efficient service in any department until such person shall have first satisfactorily passed a medical, physical and mental examination, and such other examinations and tests as may be prescribed by said city; to authorize said city to appoint or elect for limited periods of time not exceeding six months at any one time, such special or emergency policemen, and/or firemen as may be necessary in the judgment of the City Council of East Point, and that such special or emergency policemen and firemen may not be re-appointed as such special or emergency policemen or firemen to succeed themselves except by unanimous consent of the City Council of East Point; to authorize the City of East Point to dispense with the services of employees serving during good behaviour and efficient service under Civil Service rules and regulations in the interest of economy when such is necessary and that such persons shall be first entitled to the places from which they were suspended when such places are refilled and that suspensions shall begin with employees younger in point of service in the department from which such suspension is 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

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of the same, that section sixty-seven of the Act of August 19, 1912 (Georgia Laws 1912, page 862) be and the same is hereby amended by adding at the end thereof a subsection to be known as subsection (a), to read as follows: Act of 1912 amended. Be it further enacted that the City of East Point be and it is hereby authorized to contract with other municipalities and political subdivisions, and to cooperate with other municipalities and political subdivisions, in acquiring, establishing, building, maintaining, and operating within and/or without said city, such garbage disposal system and plant, such water, sewerage, and electric light, plant, line, system, and facilities and for library or other public buildings, utilities, and/or services, in addition to existing plants, systems, buildings, facilities, lines, and services as the City Council of East Point may at any time deem for the best interest of said city. Contracts with other municipalities for services. Section 2. Be it further enacted that the City Council of East Point shall have power and authority to levy, assess and collect taxes to raise sufficient revenue to pay for the improvements, services, equipment and facilities provided for in any contract or agreement to which the City of East Point is a party. Tax levies. Section 3. Be it further enacted that the jurisdiction of the City of East Point for all police purposes, such as peace, good order, health, morals and the general welfare of the community be, and the same is hereby extended over the lines of all sewers, trunk and intercepting, built by said city or which it is the duty of said city to inspect, repair, improve, keep up, or maintain, without the city limits, and for the full distance of said sewers and for a full width of ten feet from the center of the same on either side of said sewer, and furthermore, such jurisdiction, for all of the police purposes aforesaid, be and the same is hereby extended over the lands purchased

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by the city for the location and maintenance of sewer disposal plant, septic tanks and similar work and places for the treatment of sewerage, this jurisdiction to cover the entire tract so purchased, whether same is entirely covered with such work or not. Jurisdiction extended as to sewers. Section 4. Be it further enacted that the jurisdiction of the City of East Point for all police purposes, such as peace, good order, health and morals be and the same is hereby extended over all of the lines of water mains, water pipes, electric lines, electric meters, water meters, any and all other facilities and properties of the City of East Point erected, built, layed, constructed, used, or maintained by the City of East Point without the limits of said city, and for at least ten feet in every direction from the center of any of said facilities, lines, mains, pipes, meters, etc., on all sides thereof, whether the land or real estate on which said mains, lines, meters, or other facilities are placed, layed, built or erected belong to the City of East Point or not. Water and electric works. Section 5. Be it further enacted that in all water pipes, lines, or mains, and in all sewerage, lines, pipes, or disposal plant in the purchase, construction or acquiring of which, or in the maintenance, operating or keeping of which the City of East Point participates in any way by furnishing money, labor, or material, said City of East Point shall exercise a joint control with any other municipality or political subdivision cooperating in the construction or maintenance of such facility, and said City of East Point shall likewise have jurisdiction to the same extent over each and all of such facilities as any other municipality or political subdivision with which the City of East Point may be cooperating in the erection or maintenance of such facility without the city limits of the City of East Point. Joint control. Section 6. Be it further enacted that the Act creating a new charter for the City of East Point approved August

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19, 1921, as amended by an Act approved August 15, 1922, providing for what is known as Civil Service regulations in the police department in the City of East Point, be and the same is hereby amended, by adding at the end of section one of the Act approved August 15, 1922, creating the Civil Service regulation above mentioned, the following provision: Provided, that the City Council of East Point is hereby authorized to employ or elect for limited periods of time not exceeding six months at any one time, such special or emergency policemen and/or firemen as may be necessary in the judgment of the City Council of East Point, for any special or emergency purpose, and fix the compensation for such special or emergency policemen or firemen; provided, however, that such special or emergency policemen or firemen may not be re-appointed as such special or emergency policemen or firemen to succeed themselves except by unanimous consent of the City Council of East Point when the special circumstance or emergency for which such special policemen or firemen were appointed has ceased to exist, and such special or emergency policeman or fireman has finished the work for which he was elected or appointed. Emergency police. Section 7. Be it further enacted by the authority aforesaid that all persons hereafter elected or appointed to the Police and/or Fire Departments of the City of East Point shall be subject to removal without cause or notice of any kind during the first six months after said election or appointment, and the right of such person to hold office during good behaviour and efficient service under Civil Service rules and regulations adopted by the City Council of East Point shall not exist unless, nor until such person shall have first satisfactorily served continuously for six months in the departments to which elected or appointed, which six month period shall be a probationary period during which such person shall be

Page 1090

on trial and subject to removal at any time by vote of the City Council of East Point, without any cause, notice, hearing or trial of any kind. Removal of policemen and firemen. Section 8. Be it further enacted by the authority aforesaid that no person shall be appointed or elected to any position under Civil Service rules or regulations or to serve during good behaviour and efficient service in any department in the City of East Point until such person shall have first satisfactorily passed medical, physical, and mental examination, and such other examinations and tests as may be prescribed by said city. The City Council of the City of East Point is hereby authorized and required to establish by Ordinance the extent and range of such medical, physical and mental examination and is further authorized and required to fix by Ordinance the minimum requirement for such examination with which any applicant for any position with the City of East Point is required to comply as a condition precedent to his employment by said city. Civil service. Examinations and tests. Section 9. Be it further enacted by the authority aforesaid that no person shall be eligible to election or appointment to any position under the Civil Service rules or regulations or to serve during good behaviour and efficient service with the City of East Point who is not at the time of his or her election or appointment a bona fide resident of the City of East Point. And, any person removing his or her residence from the City of East Point shall immediately upon such removal be automatically removed as an employee of said city from the service in whatever department such employee, officer, or agent is employed. Persons serving during good behaviour and efficient service or under Civil Service rules and regulations shall be subject to removal from their connection with the City of East Point for drunkness, failure to honestly and faithfully discharge the duties of his or her position, indecent, immoral or dishonest conduct,

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soliciting votes in any municipal election or attempting to influence any municipal election in the City of East Point, oppressive or abusive conduct or use of official position or power, or other conduct unbecoming the station, office or position of such person, officer, agent or employee of said city. Eligibility. Residence. Removal for cause. Section 10. Be it further enacted by the authority of the aforesaid that the City of East Point be and is hereby authorized at any time to dispense with the services of any employee serving during good behaviour and efficient service or under Civil Service rules and regulations in the interest of economy when such is necessary in the judgment of the City Council of East Point, provided that when the places from which such persons are removed or suspended, are refilled the person removed therefrom shall be first entitled to the position or office from which he was removed; and provided further that suspension for economy shall begin with employees younger in point of service in the department from which said suspension is made. The purpose of this provision is to enable the city to discharge employees it does not need when financial circumstances require a reduction in the personnel of said city, without any liability to the city for the salary or compensation for such person during the time such persons are not working for the City of East Point. It is to enable the City Council to order an employee removed from the service of the city without pay although such employee has been elected to serve during good behaviour and efficient service, without any trial of any kind where the reason for such removal is to economize; provided that when it is necessary or desirable to re-employ a person for the place made vacant by such removal the person removed from such place or position shall be first entitled to the place, and no other person may be legally elected to such place or position if the person removed therefrom is qualified to refill it and desires to do so. During any such suspension

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pension or removal for economy the employee or officer removed or suspended shall not be entitled to compensation, and there shall be no liability against the City of East Point for compensation during period of suspension or discharge. Removal or suspension. Purpose. Non-liability for pay. Section 11. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved December 29, 1937. EAST POINT CIVIL SERVICE. No. 118. 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, to provide that the City Clerk of the City of East Point and all of the regular full time employees of said city working in the office of the clerk of said city, and the superintendent of the water and light department of said city and all of the regular full time employees of said city working in the water and light department of said city, shall work and serve under Civil Service rules and regulations during good behaviour and efficient service, except such employees in said departments as are appointed or employed by the head of said departments; to provide that no person shall be appointed or elected to any position under Civil Service rules to serve during good behaviour and efficient service in either of the municipal departments affected by this Act until such persons shall have first satisfactorily passed a medical, physical and mental examination, and such other examinations and tests as may be prescribed by said city; to authorize the City Council of East Point to adopt and prescribe such rules

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and regulations for the government of such officers, agents, and employees serving during good behaviour and efficient service under Civil Service rules and regulations as said City Council of East Point deems suitable and proper; to define cause for removal from office of such employees, officers and agents serving under Civil service under Civil Service rules and regulations as said City Council of East Point deems suitable and proper; to define cause for removal from office of such employees, officers and agents erving under Civil Service rules and regulations and to provide grounds for such removal; to provide that such officers agents and employees elected by the City Council of East Point to service during good behaviour and efficient service under Civil Service rules and regulations, may not be removed from office or their place of employment except for cause, after reasonable notice and a trial on charges preferred against them; to provide such officers, agents and employees shall be subject to removal without cause, notice or a hearing of any kind or character during the first six months after their election or appointment which six months period shall be a trial or probationary period, during which said officers, agents and employees shall serve at the pleasure of the City Council of East Point; to provide that special or emergency officers, agents or employees may be elected or appointed to serve in either or both of said departments of said city at the pleasure of the City Council of East Point, but not exceeding a period of six months at any one time, provided that any officer, agent or employee elected or appointed for any special or emergency service may be re-appointed only by unanimous consent of the City Council at the expiration of any six months' special or emergency service; to provide that the City Council of East Point may remove from office in the interest of economy any employee elected or appointed to serve during good

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behaviour and efficient service under this Act at any time the financial condition of said city may require it, provided that when such office, place or position is refilled, the same shall be refilled by the person removed therefrom, if such person be able to fill such place and desires it, and to provide that in removal for the purpose of economizing, the person younger in point of service shall be the first removed; to provide that compensation of officers, agents and employees of the departments to which the Civil Service provisions of this Act apply, shall be fixed at the first regular meeting of the City Council in each year, and shall not be increased during such year; to provide for submission of this Act to the qualified voters of the City of East Point in an election to be held as required by law for the purpose of ratifying or rejecting the same; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, that it shall be the duty of the City Council of East Point to elect a city clerk and such assistants city clerk, and superintendent of the water and light department, and such assistants superintendent of water and light department, and such other officers, agents and employees in the water and light department of the City of East Point as in the judgment of the City Council of East Point are necessary for the operation of said water and light department the year around, at the regular reorganization meeting of the City Council of East Point in January, 1939, or prior to that date, if said clerk and assistants clerk, and said superintendent and assistants superintendent and such other officers, agents and employees in the water and light departments shall resign their term they are serving at the time this Act is approved by the voters of said city, or if for any cause there should be a vacancy and when so elected shall serve without any fixed term of employment, during good behaviour

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and efficient service, both to be judged by the City Council of East Point. Act of 1912 amended. Officers elective by council. Section 2. Be it further enacted by the authority aforesaid that said City Council of East Point shall be authorized at any time to discharge said city clerk and any assistants city clerk, the superintendent of the water and light department or any assistants of the water and light department, and any other officer, agent or employee in either the office of the city clerk or in the water and light department of said city, without any liability attaching to the city on account of said discharge; provided that before any of such persons shall be subject to discharge after having been once elected to serve during good behaviour and efficient service, it will be necessary for said officer, agent or employee of either of said offices to be adjudged guilty of some violation of some rule or regulation of said city, on charges preferred against such officer, agent or employee of which charges such officer, agent or employee shall have at least three days notice in writing. Such officer, agent or employee shall have the right to be heard before the City Council of East Point on any charges preferred against them, and to present evidence in their own defense. However, any officer, agent or employee in either of said departments of said city may be removed from the service of said city without compensation, and by majority vote of the City Council of East Point, in the interest of economy, but in such removal the younger officers, agents, and employees in point of service, in the department from which said removal is made shall be first removed, and when the places from which such persons are removed are refilled, the person removed therefrom shall be first entitled to the position or office from which he was removed. The purpose of this provision is to enable the city to discharge employees it does not need when financial circumstances require a reduction in the force without any liability to the city for salary or compensation for such person during the time such

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person is not actually working for the city, but with the provision that it is essential that all removals be in good faith and that re-instatements after such removals be in good faith and not for political purposes. Any removal for purposes of economy as herein provided may be effected without any notice, trial or charges of any kind and without any liability against the city for salary during the time such officer, agent or employee is not in the actual employ of the city. Discharges without liability. Proviso. Hearing. Removals. Purpose of economy. Section 3. Be it further enacted by the authority aforesaid that officers, agents or employees of either the department of city clerk or the water and light department shall be subject to removal upon the same grounds as members of the police and fire departments of said city, but before removal they shall be entitled to have a hearing before the City Council of East Point on charges preferred as herein provided of which they shall have at least three days written notice as above provided except as hereinbefore provided. Officers removable. Hearing. Notice. Section 4. Be it further enacted by the authority aforesaid that no person shall be eligible to election or appointment to either the office of city clerk or assistant city clerk or superintendent of the water and light department or assistant superintendent of the water and light department or to any other position in either the office of the city clerk or in the water and light department of said city, unless such person at the time of his or her election shall be a bona fide resident of the City of East Point. The position of any person employed by the City of East Point in either the water and light department or in the office of the city clerk shall be automatically vacated, by the removal of such person's residence from the City of East Point; provided that temporary or emergency employees shall not be required to be residents of the City of East Point. The resident provision applies only to regularly employed persons and shall not apply to such persons as

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accountants, or auditors, or special physicians, surgeons, nurses, lawyers, investigators, or expert mechanics, engineers, and the like, employed by the city only for short periods of time when occasion or necessity require it. Eligibility to office. Residence. Non-application. Section 5. Be it further enacted by the authority aforesaid that persons elected or appointed to positions in the water and light department or in the office of city clerk shall be required to satisfactorily pass such medical, physical and mental examinations, and such other examinations as may be prescribed by Ordinance of the City Council of East Point as a condition precedent to their election or appointment to any position, office or place in the department of the city clerk or the water and light department of said city. Examinations. Section 6. Be it further enacted by the authority aforesaid that all officers, agents and employees in the office of the city clerk of the City of East Point and in the water and light department of the City of East Point shall be subject to removal without any cause, notice or hearing of any kind or character during the first six months after their election or appointment, which six month period shall be a trial or probationary period during which said officers, agents and employees shall serve at the pleasure of the City Council of East Point. Removal without cause. Section 7. Be it further enacted by the authority aforesaid that special or emergency officers, agents or employees may be elected or appointed to serve in either the office of the city clerk or the water and light department of the City of East Point at the pleasure of the City Council of East Point for special or emergency purposes, but not exceeding a period of six months at any one time, and provided further that any officer, agent or employee elected or appointed for any special or emergency service may be reappointed only by unanimous consent of the City Council at the expiration of any six month special or emergency service. The six month trial or probationary

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time herein provided for shall consist only of continuous service, any may not be made up by adding together fractional parts of a six month period. Emergency officers, etc. Probation. Section 8. Be it enacted by the authority aforesaid that the compensation of all officers, agents and employees of the office of the City Clerk of East Point and all officers, agents and employees of the water and light department shall be fixed at the annual reorganization meeting of the City Council in January of each year, and shall not be changed during the year for which the same is fixed. Pay of officers, etc. Section 9. Be it further enacted by the authority aforesaid that the City Council of East Point is hereby and required to provide for Civil Service rules and regulations under which officers, agents and employees in the department of the city clerk and in the water and light department of the City of East Point shall serve during good behaviour and efficient service as provided for in this Act. The judgment of the City Council on the trial of any charge against any officer, agent or employee of either of said departments shall be final on any charges preferred, provided such officer, agent or employee shall have had the required notice of such charges and an opportunity to be heard in his own defense. Civil service rules. Trial and judgment. Section 10. Be it further enacted by the authority aforesaid that before this Act shall become operative it shall be necessary that the same be submitted to the registered voters of the City of East Point at a special election to be called by the City Council of East Point, to be held in the same manner governing city elections heretofore held in said city, and to be held the first Tuesday in July, 1938. If a majority of the votes cast at said election disapprove this Act it shall not become effective; if a majority of the votes cast at said election shall approve this Act it shall thereupon become immediately effective. At said election those voting in favor of this Act shall have

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written or printed on their ballot the words For amendment placing water and light department and city clerk's office under Civil Service, and those opposing shall have written or printed on their ballot the words Against amendment placing water and light department and city clerk's office under Civil Service. The managers of said election shall make their returns to the City Council of East Point which shall receive the same and declare the results thereof, which shall be entered on the minutes of the City Council of East Point, and if this Act is approved at said election it shall go into immediate effect and if all the officers, agents and employees of the departments affected by the same shall then resign their term of office, these various offices, and positions in said departments shall then be filled under the terms of this Act, but if said officers, agents or employees do not then resign, but shall serve out the remainder of their then term the City Council shall place said departments under this Act at the next regular, annual reorganization meeting of the City Council in 1939. Referendum of this Act. Special election. Ballots. Effective on approval. 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 December 29, 1937. FORSYTH CITY COMMISSION. No. 23. An Act to amend the Act consolidating and codifying the various Acts Incorporating the City of Forsyth, in the County of Monroe, approved December 18, 1902, (Acts 1902, page 427-42) and the amendatory Acts thereof and 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 the mayor and aldermen of the City of Forsyth

Page 1100

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 Forsyth; 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 change the corporate name from The Mayor and Aldermen of the City of Forsyth to the City of Forsyth, by which latter name said city may sue and be sued; to provide for an election for the adoption or rejection of the provisions of this Act; and for other purposes. Be it, and it is hereby enacted by the General Assembly of the State of Georgia: Act of 1902 amended. Section 1. The offices of mayor and aldermen of the City of Forsyth and all other offices of said city created by legislative enactment, except as hereinafter provided for, are hereby abolished, and all laws creating such offices and defining the duties and authorities pertaining thereto are hereby repealed, except as herein provided. Offices abolished. Section 2. That in lieu of the mayor and aldermen of the said City of Forsyth there is hereby created and established a city commission and said City of Forsyth shall be be governed by said commission, and a manager as hereinafter provided. Commission created. Section 3. The commission shall consist of three citizens elected from the City of Forsyth at large, who shall have been citizens of said city for at least two years next preceding their election and appointment. Each Commissioner must be at least twenty-five years of age at the time of his qualification. Said commission shall have all the powers and authority now belonging to the mayor and aldermen of said city, except as hereinafter provided, and the said commission shall have in addition such powers and authority as are in this Act given it. Qualifications of commissioners.

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Section 4. The commission shall at its first meeting and immediately after qualifying designate and elect the chairman as mayor of the City of Forsyth. The Commissioner so selected and elected shall continue to hold the title of mayor during his term of office, or until his successor is elected and qualified. The mayor shall have no more authority than either of the other Commissioners except that he shall act as chairman at all the meetings of the commission, shall approve the minutes of such meetings, shall act as mayor of the city on all ceremonial occasions, and shall have such other authority and duties as may be hereinafter provided. Provided, however, the mayor, or in his absence, the mayor pro-tem shall hold a police court at any time it may be necessary, Sundays excepted, for the trial of persons violating any of the ordinances of the City of Forsyth. He shall receive for his services as such officer the sum of $5.00 per month. The mayor pro-tem shall be elected by a majority vote of the Commissioners and a record of the same shall be entered upon the minutes of the commission. Chairman as mayor. Authority and duty. Police court. Pay. Mayor pro tem. Section 5. On the third Monday in December, 1938, there shall be elected three city Commissioners who shall take office January 1, 1939, 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 Commissioner having only one year to serve shall be chairman for the first term; the Commissioner elected for two years shall be chairman for the second year; and the Commissioner elected for a term of three years shall serve as chairman for the third year. Thereafter, the member of the commission serving his last year of the term for which he is elected shall act and serve as chairman for that year. The Commissioner who has already served one year and has two years to

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serve shall be designated as chairman pro-tem, to perform all the duties of the chairman during his absence. The effect of this is to have the most experienced man as chairman of the commission and the next most experienced man as chairman pro-tem. 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. Election and terms of office. Section 6. 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 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 Forsyth, so help me God. Oath of office. Section 7. 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 Commissioners 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. Manager. Salary. Qualification. Bond.

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Section 8. 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. Responsibility. 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. Eligibility. Section 10. The Commissioners shall fix the salaries of all the departments heads of the city and shall apoint the city clerk, the recorder, and the city attorney. Salaries. 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

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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 purchase 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 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: Duties of manager. Appointments. Removals. Office hours. Purchases. Budget. (a) To see that all laws and ordinances of the city are enforced. Other duties and powers. (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 be ordinance or resolution prescribe.

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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 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. Records. 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. Vacancies. 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

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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. Promises forbidden. Penalty. Evidence. Section 16. Be it further enacted by the authority aforesaid 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 [Illegible Text] 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 Forsyth, 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. Rights and obligations preserved. Section 17. 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

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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 said city. Forbidden interest, gift, etc. Section 18. 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 subpoenas which shall be signed by the chairman of the Board of Commissioners, and any person refusing to respect said subpoenas at the said investigation shall be guilty of a misdemeanor. Investigation. Evidence. Section 19. 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. Taxing laws of force. Section 20 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 21. 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

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legislation proposed or opposed, in due form, or the name of the officer to be recalled. In case a petition for recall election 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. Votes in recall elections. Section 22. 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 and referendum elections. Section 23. Be it further enacted by the authority aforesaid, that in the referendum election herein provided for, and in all future city election, that after the votes have 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

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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 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 Monroe 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. Certificate of election. Regulations of elections. Section 24. This Act shall become effective only after a majority of the duly qualified electors of the City of Forsyth, 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 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 the number of votes cast against the commission form of government. The election shall be held on the second Thursday in July, 1938, and two weeks' publication and notice of the date of said election shall be given in three public places in said city and the same notice shall be published once a week for two weeks in the official gazette of Monroe County and the City of Forsyth immediately prior to said election. On the issue submitted to the

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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 form of government then this Act shall be of force as provided herein from and after January 1, 1939. 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 Thursday in July, 1938. 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. Referendum of this Act. Date. Ballots. Voters qualified. Section 25. Be it enacted by the authority and it is hereby enacted by authority of same that the Acts of 1902, page 427, being an Act to codify the various acts incorporating the City of Forsyth, Monroe County Georgia, be amended as follows: by striking after the word of in the fifth line of section two in said act and before the word and in the fifth line of said section two the following: The mayor and aldermen of the City of Forsyth and inserting in lieu thereof: City of Forsyth. Act of 1902 amended. Corporate name. 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. Approved December 14, 1937

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FORSYTH ELECTRICITY AND WATER. No. 24. An Act to amend an Act approved December 18, 1902, entitled An Act to consolidate and to codify the various Acts incorporating the City of Forsyth, in the County of Monroe, and the 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 their compensation, and for other purposes, and the various Acts amendatory thereof so as to provide for the power 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 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 nonresidents of said city, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that an Act approved December 18, 1902, entitled an Act to consolidate and codify the various Acts incorporating the City of Forsyth, in the County of Monroe, State of Georgia, and the Acts amendatory thereof (Georgia Laws 1902, pages 427 through 442), be and the same is hereby amended by adding at the end of section 42 (Georgia Laws, 1902, page 442) a new paragraph to be known as section 42-(a), as follows, to wit: Act of 1902 amended. Section 42-(a). That from and after the passage of this Act the City of Forsyth, Georgia, shall have the power and authority to extend, construct, maintain, and operate its water, sewerage, electric light and power

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lines and systems for a distance of not over three 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 Forsyth 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 Forsyth; 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. Light, water, and sewer lines in and beyond city limits. Section 2. Be it further enacted by the authority aforesaid, that said section 42 be still further amended by adding a further paragraph to same and to be known as section 42-(b), and as follows, to wit: Section 42-(b). That the City of Forsyth 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 three miles in any direction beyond the corporate limits of said city as the same now exist or may be hereafter established. Powers to acquire. Section 3. Be it further enacted by the authority aforesaid, that said section 42 be still further amended by adding a further paragraph to same, and to be known as section 26-(c), and as follows, to wit: Section 42-(c). That said City of Forsyth 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 Forsyth, or at the point from which said city acquires its electric power, for serving nonresidents of said city, and to fix the rules and

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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. Power to furnish. 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 December 16, 1937. FORSYTH ZONING AND PLANNING. No. 136. An Act to amend an Act entitled an Act to consolidate and to codify the various Acts incorporating the City of Forsyth, etc., appearing on pages 427-442 of Georgia Laws of 1902 and all Acts amendatory thereto by providing that the mayor and aldermen of the City of Forsyth are authorized and empowered to pass and enforce zoning and planning laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Act of the General Assembly entitled an Act to consolidate and to codify the various Acts incorporating the City of Forsyth, etc., approved December 18, 1902 and appearing on pages 427-442 of Georgia Laws of 1902 and all Acts amendatory thereto be and the same are hereby amended by providing as follows: Act of 1902 amended. The mayor and aldermen of the City of Forsyth are hereby empowered and authorized to pass and enforce zoning and planning laws. Laws authorized. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved January 10, 1938.

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GRAY TAX RATE. No. 89. An Act to amend the charter of the Town of Gray, Georgia Laws 1911, section 17, page 1274, by striking from said section 17 the words one half of one, and substituting therefor the word two; 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 words one half of one in the first sentence of section 17, page 1274, Georgia Laws 1911, be and is hereby striken and the word two substituted therefor, so that said first sentence of said section 17 when so amended shall read as follows: Act of 1911 amended. Sec. 17. Be it further enacted by the authority aforesaid, that said mayor and aldermen shall have power to levy and collect an ad valorem tax of not exceeding two per cent. upon all property, both real and personal, in said town, and upon all franchises exercised therein, and may adopt such measures in their discretion as shall secure the fair and equitable return of all properties for taxation, and may, in their discretion appoint three freeholders of said town as tax assessors whose duty it will be to assess all property in said town for taxation at a fair cash valuation, and that said assessors shall have been residents of said town six months prior to said appointment. Tax rate ad valorem. 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 December 29, 1937.

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GRIFFIN RETIREMENT PENSIONS. No. 366. 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 the charter of the City of Griffin so as to authorize the Board of Commissioners of the City of Griffin to provide for a pension or retirement fund for its employees, granting the Board of Commissioners of the City of Griffin power and authority to formulate rules and regulations for administering such pension or retirement fund as may be created; so as to authorize the Board of Education of the City of Griffin to provide for a pension or retirement fund for its employees and granting said board of education such authority and power as may be necessary to formulate rules and regulations for administering such pension or retirement fund as said board of education may establish. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, as follows: Act of 1921 amended. Section 1. The Board of Commissioners of the City of Griffin are authorized to provide a pension or retirement fund for their respective employees who are in active service at the time of the passage of this Act and whose names are now on the pay rolls of the City of Griffin, and future employees of the City of Griffin. Fund authorized. Section 2. The Board of Commissioners of the City of Griffin shall have full power to provide by ordinance all rules and regulations governing the creation and administration of the pension or retirement fund herein provided

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for, subject only to such limitations on such power as are provided for in this Act. Regulations. Section 3. The Board of Commissioners of the City of Griffin are authorized to provide that only an employee who has rendered thirty (30) years of continuous and active service to the City of Griffin shall be entitled to the benefits provided for in this Act, and then only in the event such employee has become disabled by old age, sickness, or otherwise, to render efficient service, and such employee shall not be granted an amount in excess of forty ($40.00) dollars per month for such time as his disability may exist. Limitations. Section 4. The Board of Commissioners of the City of Griffin shall have power and authority to create and build a retirement or pension fund only upon a plan providing for an equal contribution to be made by the City of Griffin and employees of the City of Griffin, which amount shall in no event exceed two per cent. (2%) of the salary or wage of any employee. Contributions. The funds contributed by the City of Griffin shall be from other sources than ad valorem tax. Source. The Board of Commissioners of the City of Griffin shall have complete power and authority to administer any pension or retirement fund which may be created under the provisions of this Act; provided, however, the Board of Commissioners of the City of Griffin may create a special agency for this purpose in its discretion. Administration. Section 5. The Board of Commissioners of the City of Griffin shall have complete power and authority to administer and invest the funds raised for purposes of this Act, but shall keep all such funds in an account separate and distinct from all other city funds, and such funds shall be used in no way other than for the purpose of carrying out the terms of this Act. Investment account.

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Section 6. The Board of Commissioners of the City of Griffin may provide that this Act shall be mandatory or voluntary on the part of its employees; and may further provide that any member who voluntarily retires from service before becoming eligible for pension or for the benefits provided under this Act, shall be entitled to a refund of fifty per cent. (50%) of the actual amount of money he has contributed to the pension or retirement fund. Mandatory or voluntary. Refunds. Section 7. The Board of Education of the City of Griffin is authorized to provide a pension or retirement fund for its respective employees who are in active service at the time of the passage of this Act, and whose names are now on the pay rolls of the Board of Education of the City of Griffin and future employees of the Board of Education of the City of Griffin. Pension or retirement fund. Section 8. The Board of Education of the City of Griffin shall have full power and authority to provide rules and regulations governing the creation and administration of the pension or retirement fund herein provided for, subject only to such limitations on such power as are provided for in this Act. Regulations. Section 9. The Board of Education of the City of Griffin is authorized to provide that only an employee who has rendered thirty (30) years of continuous and active service to the Board of Education of the City of Griffin shall be entitled to the benefits provided for in this Act, and then only in the event such employee has become disabled by old age, sickness, or otherwise, to render efficient service, and such employee shall not be granted an amount in excess of forty ($40.00) dollars per month for such time as his disability may exist. Persons entitled. Section 10. The Board of Education of the City of Griffin shall have power and authority to create and build a retirement or pension fund by an equal contribution

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to be made by the Board of Education and employees of the Board of Education of the City of Griffin, which amount shall in no event exceed two per cent. (2%) of the salary or wage of said employee, and the Board of Education shall be authorized to contribute its share to this fund from any moneys coming to it for educational purposes. Contributions. The Board of Education of the City of Griffin shall have complete power and authority to administer any pension or retirement fund which may be created under the provisions of this Act; provided however, the Board of Education may create a special agency for this purpose in its discretion. Administration. Section 11. The Board of Education of the City of Griffin shall have complete power and authority to administer and invest the funds raised for purposes of this Act, but shall keep all such funds in an account separate and distinct from all other funds of the Board of Education of the City of Griffin, and such funds shall be used in no way other than for the purpose of carrying out the terms of this Act. Investment account. Section 12. The Board of Education of the City of Griffin may provide that this Act shall be mandatory or voluntary on the part of its employees; and may further provide that any member who voluntarily retires from service before becoming eligible for pension or for the benefits provided under this Act, shall be entitled to a refund of fifty per cent. (50%) of the actual amount of money he has contributed to the pension or retirement fund. Mandatory or voluntary. Section 13. All laws or parts of laws in conflict with this law are hereby repealed. Approved February 12, 1938.

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HAPEVILLE TAXATION PURPOSES. No. 354. An Act to amend Act to incorporate the City of Hapeville, Georgia, and for other purposes, approved September 16, 1891, and several Acts amendatory thereof; to increase the ad valorem tax rate on all property, both real and personal, owned, held or possessed in said city, subject to taxation under the laws of the State of Georgia; to authorize the City of Hapeville to join East Point, College Park and Fulton County in erecting and maintaining an incinerator plant for the disposal of garbage and also to authorize the City of Hapeville to join East Point, College Park and Fulton County, either one, either two or all three in erecting and maintaining a sewerage line or lines and disposal plant and paying its proportionate share of the expense thereof; and also authorizing the City of Hapeville to levy a sanitary tax against the owners of all 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 the authority of the same, that section twenty of the Acts of the General Assembly approved September 16, 1891, incorporating the City of Hapeville, be and the same is hereby repealed and the following section enacted and inserted in lieu thereof: Act of 1891 amended. Repeal of sec. 20. For the purpose of raising money to support and maintain and meet the expenses of the City Government, the Mayor and Council of the City of Hapeville shall have power and authority to levy and collect a street tax on all male residents of said city between the ages of twenty-one and fifty years and an ad valorem tax on all the property both real and personal, owned, held or possessed in said city, subject to taxation under the laws of the State of Georgia: Said ad valorem tax not to exceed 17

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mills on each $1.00 of the value of said property; provided that if at any time for any special purpose said mayor and council shall consider it expedient to levy and collect a greater percentage of tax than 17 mills on each $1.00 of the property, both real and personal, owned, held or possessed in said city, they may submit the tax rate so desired or proposed (not to exceed 2%) to the voters of said city to be determined by an election held for that purpose by which election said mayor and council shall make provisions; and if a majority in number of the voters of said city shall by ballot give their consent to such proposed rate of taxation that said mayor and council shall have power and authority to levy and collect said tax. Taxes. Street. Ad valorem. Rate. Vote on higher rate. Section 2. Be it further enacted that the mayor and council of said city shall have power and authority to join East Point, College Park and Fulton County, either one, either two or all three, in building and maintaining a sewerage disposal plant and a sewerage line or lines emptying into the same and paying its proportionate part of the expense thereof, under such terms and conditions as it, the mayor and council, may prescribe or agree to. Joint sewers, etc. Section 3. Be it further enacted that the mayor and council shall have power and authority to join East Point, College Park and Fulton County, either one, either two, or all three, in the building and maintaining of an incinerator plant, for the disposal of garbage and paying its proportionate share of the expense thereof under whatever arrangement is made and agreed to by said mayor and council. Disposal. Section 4. Be it further enacted that the mayor and council shall have power and authority to levy and collect. a sanitary tax against all real estate owned, held and possessed in the City of Hapeville. Said sanitary tax shall be fixed or assessed by the mayor and council,

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by resolution or ordinance and may be collected either monthly, quarterly, semi-annually or annually, in the discretion of the mayor and council and when said sanitary tax is levied it shall be a lien on the property against which it is assessed and shall be collected by the issuance of executions against said property and/or the owners thereof. Sanitary tax. Section 5. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 12, 1938. HARTWELL TAXATION. No. 105. An Act to amend an Act, approved February 26, 1856, incorporating the Town of Hartwell in Hart County, and all Acts amendatory thereof, and particularly to amend an Act approved November 15, 1901, amendatory of any Act incorporating the Town of Hartwell in Hart County, and all other Acts of the General Assembly of Georgia amendatory of the Act approved February 26, 1856, so as to authorize and empower the Board of Aldermen of the City of Hartwell to make provisions by ordinance, for the return and assessment of all properties within the corporate limits of said City of Hartwell, subject to taxation therein; to provide the officer or officers to whom tax returns shall be made; to prescribe the time and manner in which tax returns are to be made; to provide for the return and assessment of properties omitted from tax returns made by taxpayers; to provide for the return assessment, notice of non-return to taxpayers failing to make any returns of properties subject to taxation; to provide for an appeal to the Board of Aldermen of the said

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City of Hartwell by any taxpayer dissatisfied with the assessment of property made by the officer to whom tax returns are directed to be made, or by the Board of Tax Assessors of said City of Hartwell, and for other 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 10 of the Act approved November 15, 1901, as appears in Georgia Laws 1901, p. 425, amendatory of an Act incorporating the Town of Hartwell in Hart County, approved February 26, 1856, and all acts or any act amendatory thereof be and the same is hereby repealed. Act of 1901 amended. Sec. 10 repealed. Section 2. Be it further enacted by the General Assembly of the State of Georgia, and it is enacted by the authority aforesaid that in lieu of section 10 repealed by section 1 of this Act, the following sections be and the same are hereby added to, incorporated in and made a part of a charter of the City of Hartwell, in Hart County, Georgia, to wit: Section 10. That the Board of Aldermen is authorized and empowered to prescribe by ordinance the time, manner and the officer and/or officers to whom all property, real and personal, and occupation, shall be returned by taxpayers holding or owning property therein subject to taxation by said City of Hartwell. Tax returns. Section 10a. That the Board of A dermen is authorized and empowered to create by ordinance a Board of Tax Assessors for the City of Hartwell, fix the number of persons composing said board, their qualifications, term of office, time and place of meeting, compensation and duties. Tax assessors. Section 10b. That the Board of Aldermen is authorized and empowered by ordinance to provide for the giving of written notice to taxpayers making a return of property

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for taxation where the property so returned has been increased by said Board of Tax Assessors in a greater amount than that fixed by the taxpayer making a tax return, to appear before said Board of Tax Assessors to show cause, if any, why the valuation fixed by said Board of Tax Assessors should not be made the judgment of siad Board of Tax Assessors; and said Board of Aldermen is further authorized and empowered by ordinance to provide the time and manner in which an appeal may be had and taken from the decision of said Board of Tax Assessors to the Board of Aldermen of the City of Hartwell. Increase of return. Appeal. Section 10c. That the Board of Aldermen is authorized and empowered by ordinance to provide for the giving of written notice to taxpayers omitting from a tax return made any properties, real or personal, not included in the return so made, requiring a taxpayer and/or taxpayers to make to the proper authorities of said City of Hartwell a return of properties omitted from the returns so made, and also to provide by ordinance for the assessment of properties so omitted by the secretary-treasurer of the City of Hartwell or the Board of Tax Assessors for the City of Hartwell, and the giving of notice of such assessment when made by the Secretary-Treasurer of the City of Hartwell, or the Board of Tax Assessors thereof, and also to provide the time and manner in which a taxpayer may enter an appeal from the decision of the Secretary-Treasurer or Board of Tax Assessors to the Board of Aldermen of the City of Hartwell, and also to provide by ordinance the terms and conditions on which appeals from the decision of the Secretary-Treasurer or Board of Tax Assessors may be entered by a dissatisfied taxpayer. Omissions in returns. Assessment and notice. Appeal. Section 10d. That the Board of Aldermen is authorized and empowered by ordinance to provide for the giving of written notice to a taxpayer or taxpayers failing or refusing within the time prescribed by ordinance for

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the making of tax returns of properties within the City of Hartwell and subject to taxation therein, requiring such taxpayer or taxpayers to make a return of such property within the time prescribed by such ordinance or ordinances as may be adopted pursuant to this Act, to provide for the assessment of all properties not so returned, to provide for the service of written notice on all persons failing to make a return of properties subject to taxation by the City of Hartwell of the assessment made by the Secretary-Treasurer, or the Board of Tax Assessors thereof, and to provide for a hearing thereof before the Board of Tax Assessors in case the taxpayer or taxpayers are dissatisfied with the values and assessments fixed by the Secretary-Treasurer; and said Board of Aldermen is further authorized and empowered by ordinance to provide the time, manner and conditions on which an appeal may be taken from the decision of the Board of Tax Assessors to the Board of Aldermen of the City of Hartwell. Notice to make tax return. Hearing. Section 10e. Be it further enacted by the authority aforesaid that any taxpayer dissatisfied with the decision of the Board of Tax Assessors as to the taxability by said City of Hartwell of any property, real or personal, or with the assessment thereof, or the amount of the assessment thereof, either in whole or in part, is vested with the right to enter an appeal from such decision to the Board of Aldermen of the City of Hartwell within such time, in such manner and on such conditions as may be prescribed by ordinance by said Board of Aldermen, such appeal when taken shall be in writing and filed with the Secretary-Treasurer of the City of Hartwell, and otherwise in conformity with such ordinance or ordinances as may be adopted pursuant to this Act; provided, however, that the decision of the board of aldermen shall be final, except for fraud, accident or mistake, in which event the appellant shall have the right of review by any court of competent jurisdiction. Appeal. Decision.

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Section 10f. Be it further enacted by the authority aforesaid that all sales under tax or other executions in favor of the City of Hartwell shall be held before the courthouse door of Hart County, and in the same manner as sheriff's sales are held and conducted, except for personal property, which shall be held and conducted in the same manner as constable's sales are held and conducted, provided, however, in any event such sales or sales shall be had before the courthouse door of Hart County. Tax sales. Section 10g. Be it further enacted that none of the provisions of this Act shall apply to property returned and assessed for taxation under the provisions of sections 92-5902 and 92-6001 of the Code of Georgia of 1933. Non-application. Section 11. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be and the same are expressly repealed. Approved December 27, 1937. HARTWELL ZONING AND PLANNING. No. 358. An Act to amend an Act approved February 26, 1856 incorporating the Town of Hartwell in Hart County as amended by an Act approved November 15, 1901, or any other amendments of the charter to this date, by adding a new section to said charter authorizing and empowering the governing authorities of the City of Hartwell in Hart County, Georgia, in addition to all other powers heretofore granted, to pass zoning and planning laws for said city; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act of the General Assembly of Georgia approved February 26, 1856, incorporating the Town of Hartwell in Hart County, Georgia, as amended

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by an Act approved November 15, 1901, and all other Acts of the General Assembly of Georgia amendatory of the Act approved February 26, 1856, be, and the same are hereby amended by adding to said charter as amended to date, a new section as follows: Act of 1901 amended. The Mayor and Council of the City of Hartwell or such governing authority or authorities thereof as may hereafter be constituted, are hereby given power and authority to pass and enforce zoning and planning laws with respect to said city, and shall have power to regulate the use for which such zones or districts as may be set apart, fixed and established, shall be used and enjoyed by the owners of property therein, and the manner in which real estate in such zones or districts may be improved or developed, and to enact such ordinances, rules and regulations with respect thereto as the general welfare, public health or public safety shall require or demand. This enactment made by virtue of the right conferred by constitutional amendment ratified June 8, 1937. Zoning and planning laws authorized. Section 2. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved February 12, 1938. HAWKINSVILLE APPROPRIATIONS. No. 235. An Act to amend section 47 et. seq. of an Act approved December 18, 1902 to create a new charter for the City of Hawkinsville (Georgia Laws 1902, page 446), and Acts amendatory thereof, said section dealing with the powers of the city Commissioners to levy and collect taxes for the support of public schools, so as to vest in said officers the power to make appropriations, from specific or occupation taxes, and from

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operation of the municipally owned waterworks, for the purpose of operating and maintaining the public schools of the City of Hawkinsville, 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 47 et. seq. of the Act approved December 18, 1902 creating a new charter for the City of Hawkinsville, and the Acts amendatory thereof, be and the same is hereby amended by adding at the end of said section 54, the following: Act of 1902 amended. And, provide further, that in addition to the powers herein enumerated, the city Commissioners are authorized and empowered to make appropriations and payments from funds derived from fines and forfeitures, specific or occupation taxes, and from operation of the municipally owned waterworks, for the purpose of paying the costs and expenses of operating and maintaining the system of public schools in said city, and that such appropriations from the aforesaid purposes may be made when, in the judgment of the city Commissioners, the revenue derived from the levy of taxes for school purposes is insufficient to meet the costs and expenses of operating and maintaining the system of public schools in said city. The power to determine, when and to what extent such deficiency in revenue from the levy of taxesf or school purposes exists, is hereby vested in the city Commissioners and for the purpose of determining the amount of funds necessary to be appropriated from the sources above enumerated, the city Commissioners are hereby vested with the authority to require the board of trustees of the public schools of the said city to furnish information, data, estimates, detailed reports of expenditures, and estimated costs of operating and maintaining the public school system of the city. Sources of appropriations. Purposes. Powers.

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Section 2. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved January 25, 1938. HAWKINSVILLE TAX ASSESSMENTS. No. 160. An Act to amend the charter of the City of Hawkinsville, Georgia, approved December 18, 1902, and Acts amendatory thereof, to provide for the assessment of property, both real and personal, subject to taxation, not returned by the owners thereof for city taxes in said city; to provide for the valuation of said property; to provide for notice of such assessments; to provide for the assessment of property the owner of which is unknown; to provide for notice of such assessment and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, that from and after the passage of this Act section 38 of said Act shall be amended by adding to said section and at the end thereof the following: Act of 1902 amended. That in the event any citizen and property owner shall, within the time prescribed by the ordinances of said city for making returns of property for taxation, fail or refuse to make a full and complete schedule of all of their taxable property held in their own right and in behalf of others, said tax assessors shall have the right and authority to assess such property for taxes under the same rules and regulation governing assessment and taxation of returned property, upon giving the same notice to resident and nonresident property owners as is applicable to returned property. And the right of appeal and arbitration is preserved to the owners of such unreturned property as are applicable to owners of property which has been returned. Tax assessments. Appeal and arbitration.

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In all cases where an assessment is made or return is changed or altered by authority of the tax assessors of said city, as herein provided, and notice is not given personally to the tax payer or by mail as herein provided, the notice of such assessment or of such change shall be posted in front of the city hall 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. Notice of assessment. It shall be the duty of the city clerk of said city to make a certificate as to the posting of such notice, which certificate signed by said clerk shall be recorded by the board of city tax assessors in a book kept for that purpose. A certified copy of such certificate of the city clerk duly authenticated by the secretary of the board of assessors shall constitute prima facie evidence of the posting of such notice as required by law. So that said section 38 when so amended shall read as follows: Be it enacted by the authority aforesaid, that it shall be the duty of every citizen and property owner, and they are hereby required to make annual returns under oath to said board of tax assessors within the time prescribed by said assessors of a full and complete schedule of all their taxable property held in their own right and in behalf of others, and in case any person shall fail or refuse to make such return, or shall make a return deemed by the board of assessors incorrect, said board of assessors shall assess the property of such person and fix such value thereon as they deem correct and just. A majority of said board of assessors shall constitute a quorum. It shall be the duty of said assessors to scrutinize carefully each and every return made by any tax payer to said city, and, if in their judgment, they find the property embraced in the return or any part of the return to be below the market

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value of the property, or the return is incomplete or incorrect, said assessors shall give such property owner or his agent a notice to show cause before them at a certain time and place why said valuation should not be raised and said return corrected, and notice through the United States mail shall be deemed sufficient notice. Said notice to show cause before said tax assessors why said valuation should not be raised and said return corrected shall name the time and place of the hearing and shall be served either personally or by leaving the same at the residence or place of business of the tax payer by the chief of police or any policeman or marshal of said City of Hawkinsville, or in case of nonresidents in the City of Hawkinsville, by sending said notice through the United States mail to his last known place of address. After said hearing is had or the time fixed for the hearing has expired, said board may alter the assessment or not, as they deem just and right. If any tax payer is dissatisfied with the action of said board, he may within three days of the giving of said notice in case of residents, and within ten days in case of nonresidents of said city, give notice to said board that he demands an arbitration, giving at the same time the name of his arbitrator; the board shall name its arbitrator within two days thereafter and these two shall select a third, a majority of whom shall fix the assessment and the property on which said tax payer shall pay taxes and said decision shall be final. The said arbitrators shall be free holders of the City of Hawkinsville, and shall render their decision within five days from the date of the naming of the arbitrators by said board, else the decision of said board shall stand affirmed and shall be binding in the premises. Before entering upon a hearing the said arbitrators shall take oath before the city clerk that they will faithfully and impartially make a true and just assessment of the tax returns of the property in question,

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and will determine the matters submitted to them according to law and justice and the equity of the case. Certificate of notice. Evidence. Section 38 as amended. Tax returns. Assessments. Value increase. Arbitration. That in the event any citizen and property owner shall fail or refuse to make a full and complete schedule of all their taxable property held in their own right and in behalf of others, said tax assessors shall have the right and authority to assess such property for taxes under the same rules and regulations governing assessments and taxation of returned property, upon giving the same notice to resident and nonresident property owners as is applicable to returned property. And the right of appeal and arbitration is preserved to the owners of said unreturned property as is applicable to owners of property which has been returned. In all cases where assessment is made or return is changed or altered by authority of the tax assessors of said city, as herein provided and notice is not given personally to the tax payer or by mail as herein provided, the notice of such assessment or of such change shall be posted in front of the city hall 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. Assessments. Appeal and arbitration. That none of the provisions of this Act shall apply to property returned and assessed for taxation under the provisions of sections 92-5902 and 92-6001 of the Code of Georgia of 1933. Non-application. 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 January 13, 1938.

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HAWKINSVILLE ZONING REGULATIONS. No. 137. An Act to amend an Act creating the charter of the City of Hawkinsville, Georgia, approved December 18, 1902, and Acts amendatory thereof, to provide for the establishment of zoning regulations, preparations of plans and notice of hearings; ordinance, to amend the zone plan, to provide for a board of zoning appeals, to provide for certiorari to review decisions of the board of zoning appeals, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, that from and after the passage of this Act the charter for the City of Hawkinsville, Georgia, created by an Act of the General Assembly of the State of Georgia, approved December 18, 1902, be and the same is hereby amended as follows: Section 1a. The City Commissioners of said City of Hawkinsville, Georgia, 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, and other uses of property, or for the purpose of regulating the height of the buildings or other structures, or for the area and dimensions of the lots or of the yards used in connection with buildings or other structures, or for the purpose of 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 may be of such shape and area as the city Commissioners shall deem best suited to accomplish the purposes of the zoning regulations. In the determination and establishment of

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districts and regulations, classifications may be based on the nature or character of the trade, industry, [Illegible Text] or other activity conducted or to be conducted upon the premises, the 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, convenience, prosperity or welfare. Zoning regulations. Districts. Bases. Section 1b. Residence Sections. For the reasons above stated, said city Commissioners 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 the above section shall be adopted except by two-thirds (2/3) vote of the city Commissioners. Residences. Classes. Two-thirds vote. Section 1c. Preparations for plans, notice and hearings; ordinance: No ordinance adopting zoning regulations as above authorized shall be passed until after a comprehensive plan for zoning of the city had been prepared and submitted by the city Commissioners. Whenever the city Commissioners shall certify a plan for the zoning of the city, the said city Commissioners shall hold a public hearing thereon, and shall give notice of the time and place thereof in a newspaper of 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 clerk. No ordinance, measure, or regulation which violates, differs, or departs from the plan or report submitted by the city Commissioners shall take effect unless passed by a two-thirds (2/3) vote of said city Commissioners. Plans. Public hearing.

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Section 1d. Amendment to Zone Plan. The city Commissioners may from time to time amend or change the regulations or districts established by the zoning ordinance, but no such amendment or change shall become effective unless the ordinance proposing such amendment or change shall be first submitted by the city Commissioners for approval or disapproval, and the city Commissioners 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 city Commissioners, requesting an amendment of the regulation prescribed for such area, it shall be the duty of the city Commissioners to vote upon such amendment within 90 days of the filing of same by the petitioners with the city clerk. Amendments. Section 1e. Board of Zoning Appeals. The zoning regulations shall be enforced and administered by the city Commissioners under the rules and regulations of the board of zoning appeals. The city Commissioners shall create a board of zoning appeals, which board shall hear and decide appeals from, and review any order, requirement,decision, or determination made by the city Commissioners in the enforcement of the zoning regulations. The city Commissioners may authorize the board of zoning appeals to administer the details of the application of any zoning regulation, and may delegate to such board in accordance with the general rules set forth in the zoning ordinance, power to permit exceptions to any variations from the zoning regulations, and to administer the zoning regulations as specified therein. Appeals. Delegation of power. Section 1f. Certiorari to review decisions of the board of zoning appeals: Every decision of the board of zoning appeals shall be subject to writ of certiorari from the superior court upon the same terms as such writs are issued in any case. Certiorari.

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Section 1g. 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. Section 1h. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Invalid parts. Approved January 10, 1938. JEFFERSONVILLE OFFICERS AND VOTERS. No. 252. An Act to amend the charter of the City of Jeffersonville, in the County of Twiggs, which said Act was approved August 16, 1909: Acts of 1909, page 977, to and inclusive of 1003; which said Act was amended by the Acts of 1922, page 877, et seq., so as to provide a different qualification for voters in said city; a different method of filling vacancies in said city; fixing the qualifications and salary of the city marshal and city police of said city; and the clerk-treasurer thereof; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same that from and after passage of this Act: That the words and lines appearing in section 3 of said Act beginning on line 12 of said section and ending on line 17, said words being as follows, to wit: And who before registering as herein provided have paid all State and county tax required of them since the adoption of the Constitution of 1877, except for the year registering, and who have paid all licenses and taxes and other legal claims of said city demanded by the proper authorities

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thereof, and the same are hereby stricken from said Act so that said section No. 3, when so amended, shall read as follows, to wit: Acts of 1909 and 1922 amended. Section 3: Be it enacted by the authority aforesaid that on the first Wednesday in December 1909 and biennially, thereafter, there shall be an election for the mayor and five councilmen of said city, who shall hold office for two years from the date of their election, and until their successors are elected and qualified. At all such elections of all persons who are qualified under the Constitution and Law of Georgia to vote for members of the General Assembly of Georgia, and who have been a bona fide resident of said city for a period of sixty days immediately preceding date of said election, shall be entitled to vote; all such elections shall be held by a justice of the peace or a notary public ex-officio justice of the peace residing in said city, and by two free-holders thereof; or by three free-holders of said city, none of whom shall be a candidate in said election. The managers shall be appointed by the mayor and council of said city; and upon the failure of the mayor and council of said city to appoint said managers, they shall be appointed by the Ordinary of Twiggs County; it shall be the duty of the managers to receive and count all votes cast; each manager, before entering upon his duties shall take and subscribe the following oath before some officer of Twiggs County duly authorized to administer oaths: I do solemnly swear that I will faithfully and impartially conduct the election for which I am appointed a manger; that I will allow all persons to vote in this election whose names are on the list furnished me by the registrars of this city for this election; and that I will allow no one to vote in this election whose name does not appear on said list; and that I will correctly count and report the votes cast, so help me God. Election of mayor and council. Voters. Managers. Oath. Section 2. Be it further enacted by the authority aforesaid that section 7 of said Act is hereby stricken in

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its entirety, and a new section is substituted in lieu thereof, to read as follows, to wit: Section 7. Be it further enacted by the authority aforesaid, that in the event of death, resignation, removal from office, or removal without the limits of Jeffersonville of the mayor of said city and/or in the event of a tie-vote for the position of office of mayor of said city; then, and in either event, the Ordinary of said County of Twiggs, shall call an election to fill such vacancy, and to settle said tie-race, within a period of thirty days therefrom; and said vacancy shall be filled by the qualified voters of said city and/or in the event of death, resignation, removal from office, or removal without the limits of Jeffersonville, Georgia, the tie-vote in the race for councilman or councilmen for said city in either event, the Ordinary of said County of Twiggs, shall call an election to fill the said vacancy, or vacancies, settle said tie-race or races, and said vacancy or vacancies, at said special election or elections by the qualified voters of said city, and at any such special election, the voters' list for the preceding regular election shall be used, which may be revised by the registrars of said city, by placing thereon, the names of those who may satisfy them that their names are legally entitled to be placed thereon. Any person elected to fill out a vacancy in the governing body of said city shall fill out the unexpired term to which he is elected, holding office until his successor is elected and qualified, and shall take the same oath as is prescribed in section 6 of the original Act approved August 16, 1909. Any at any such general election of said city, or at any special election so held, the managers of said election shall forthwith, and without delay, certify the result thereof, within a period of five hours to the then acting mayor and council of said city, and to the Ordinary of Twiggs County; and they shall also issue certificates of election to each newly elected mayor and councilmen, showing to each what office he has been

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elected to, as is provided in section 5 of said original Act approved August 16, 1909. New sec. 7. Called election on vacancy, etc. Term. Certificate. Section 3. Be it enacted by the authority aforesaid that section 8 of said original Act approved August 16, 1909, be, and the same is hereby amended by striking from said Act the 5 lines appearing just above the bottom line of said section 8 in the following words and language, to wit: That I have paid all State and county taxes required of me by the laws of Georgia since the adoption of the Constitution of 1877, except for this year; that I have paid all taxes, licenses and other claims due by me to said City of Jeffersonville, which may have been demanded of me by the authorities of said city, so that when said lines are stricken and said section 8 is so amended, it shall read as follows, to wit: Section 8. Be it further enacted by the authority aforesaid, that it shall be the duty of the clerk of council to open a registration book or books for said city 50 days before each regular election for the registration of qualified voters of said city, which book or books shall be kept open from 9 o'clock A.M. until 12 o'clock M. and from 1 o'clock P.M. until 7 o'clock P.M. of each and every day except Sundays until 20 days before the date of the election, when said book or books shall fairly and absolutely close. It shall be the duty of said clerk, upon the application of any citizen in person, and not by proxy, to allow said applicant to register his name, occupation and race, whether white or colored. Each person so registered shall do so by signing with his own hand or by his own mark, the following oath: I do solemnly swear that I am a citizen of the United States; that I have lived in Georgia 12 months, and in Twiggs County 6 months, and in the City of Jeffersonville 60 days immediately preceding the signing by me of this oath, or that by the date of such election I will have fulfilled these conditions, if still a resident of said city; that it is

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my intention to remain a resident of said city until the date of such election; that I am 21 years of age, or will be by the date of said election, so help me God. Oath on registration. Section 4. Amended as follows: Section 9 of the original Act is amended as follows: After the words, `section 3' as appears on line 12, page 984, Acts 1909, section 9, the words `as amended' are hereby added. Words added. Section 5. Be it further enacted by the authority aforesaid that section 23 of said Act approved August 16, 1909 be, and the same is hereby amended, by striking the words on page 993, section 23, immediately following line 3 on said page, to wit: or of any other place in the discretion of the mayor and council and substitute in lieu thereof, the following, to wit: Provided, that he or she has been a bona fide resident of said city for at least 60 days preceding his or her election as such. Such section 23 when so amended, shall read as follows: Be it further enacted by the authority aforesaid that as soon as practicable after the election and qualification of the mayor and council, at the bi-ennial election, the same shall be the duty of said body to elect a clerk of council, the clerk so elected may be one of the members of said council, or may be any other person in the discretion of such body; if the clerk is one of the councilmen, he shall not, by reason of his accepting the clerk's place, be disqualified from attending to his other duties as councilman. The clerk of council shall also be treasurer of the city. It shall be the duty of the clerk to attend all meetings of the council, keep the minutes of same, act as clerk of the mayor's court, and of the board of registrars; and to do all clerical work required of him by the mayor and council in connection with the city business; and in his capacity as treasurer of the city to receive and safely keep all funds of the city, and to pay them out upon proper vouchers signed by three councilmen, or two councilmen and the mayor; whenever the funds were

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voted in this manner to keep an itemized account of all receipts and disbursements, to turn over all funds and property to the city in his office, when going out of office. His books shall at all times be open to inspection by the mayor or any member of council. The mayor and council shall also elect as soon as practicable after their election and qualification, a marshal or marshals for said city, who shall be selected from inhabitants of said city; or as is provided in the amendment to section 25 hereof. Both the clerk and marshal or marshals shall each give a bond, as shall be required by ordinance, said bond to be approved by the mayor of the said city and to be payable to the mayor and councilmen of said City of Jeffersonville and their successors in office; and to be conditioned on their faithful performance of duties, and turning over by them of all funds belonging to said city in their hands. Any such officer shall hold office in the pleasure of the mayor and council, with the proviso that any marshal or other arresting officer may be suspended by the mayor as provided above. Before entering upon their duties of office, such officer shall take and subscribe the following oath before some official of Twiggs County authorized to administer oaths, or before the mayor or any member of council: I do solemnly swear that I will faithfully perform all of the duties devolving upon me as clerk and treasurer or marshal, as the case may be, of the City of Jeffersonville, so help me God. Words substituted. Clerk and treasurer. Duties. Marshal. Bonds. Tenure. Oath. Any policeman appointed temporarily by the mayor as arresting officer of said city shall not be required to take oath, or to give bond, unless otherwise ordered by the mayor, but shall be considered a member of the marshal's posse summoned by the mayor. Policemen. Section 6. Amendment to section 25, as follows: Be it enacted by the authority aforesaid that section 25 of said original Act be, and the same is hereby amended as follows: By striking section 25 in its entirety, and

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adding a new section in lieu thereof, numbered section 25, to read as follows:Section 25: Be it enacted by the authority aforesaid that a temporary clerk-treasurer, temporary marshal or marshals, and all special temporary policemen appointed by the mayor shall receive such salary or compensation as may be fixed by the mayor and councilmen, which shall be subject to change at any time; but no regularly employed or full time marshal or marshals shall receive in addition to his cost allowed by law more than the sum of $60.00 per month, and no clerk or clerk-treasurer, full time or permanent shall, in addition to legal cost, receive more than $40.00 per month; the words full time used herein shall be construed to mean for a period of longer than one month. The mayor and council shall be paid such sums and be allowed such sums as may be fixed by proper ordinance; but such exemptions shall not be more than exemption from street duty, and said sum paid to the mayor shall not be more than $100.00 per annum, and the sum paid to each councilman shall not be more than $25.00 per annum. The last named restriction shall not apply to the combined salary of councilman, clerk, treasurer when one man fills both offices. New sec. 25. Temporary officers. Pay. 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 January 26, 1938. JESUP CHARTER REPEALED. No. 33. An Act to repeal an Act approved August 16, 1915, incorporating the City of Jesup, and the several Acts amendatory thereof, and constituting the present charter of the City of Jesup in Wayne County, Georgia.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act approved August 16, 1915, incorporating the City of Jesup, and the several Acts amendatory thereof, and constituting the present charter of the City of Jesup, in Wayne County, Georgia, be and the same are hereby repealed. Act of 1915 repealed. Section 2. Be it further enacted, that this Act shall become operative when a bill entitled An Act to incorporate and create a new charter for the City of Jesup, in Wayne County, Georgia; to prescribe the rights, powers, government and jurisdiction of said city; to fix the corporate limits of said city; to confer extraterritorial jurisdiction upon said city; to provide that no valid and existing ordinance nor contract made nor right acquired of its predecessor corporation shall be affected by this Act; and for other purposes, shall have been approved by the Governor of the State of Georgia. When effective. Section 3. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved December 16, 1937. JESUP NEW CHARTER. No. 34. An Act to incorporate and create a new charter for the City of Jesup, in Wayne County, Georgia: to prescribe the rights, powers, government and jurisdiction of said city; to fix the corporate limits of said city; to confer extraterritorial jurisdiction upon said city; to provide that no valid and existing ordinance nor contract made nor right acquired of its predecessor corporation shall be affected by this Act; and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid, that from and after the passage of this Act, the inhabitants within the territory hereinafter described and defined be and are hereby incorporated under the name and style of the City of Jesup, in the County of Wayne, State of Georgia, and the said City of Jesup is hereby chartered and made a city under the corporate name of the City of Jesup, and by that name shall have perpetual succession, and is hereby vested with all the rights, powers and privileges incident to municipal corporations of this State, or cities thereof, and all rights, powers, titles, property, easements and hereditaments, within or without its corporate limits, now belonging to the City of Jesup, shall be, and are, hereby vested in said City of Jesup, as created by this Act; and the said City of Jesup, as created by this Act, may, in 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, by and through its mayor and councilmen, such ordinances, by-laws, rules, regulations and resolutions for the transaction of its business, and the welfare and proper government of said city, as to said mayor and councilmen may seem best and to the best interest of said city and its inhabitants, and which shall not be inconsistent with the laws of the State of Georgia and the laws of the United States. And the said City of Jesup shall have the right and power to purchase, accept as gifts, procure by condemnation, hold, rent, lease, 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 of whatsoever kind, within or without the limits of said city, for corporate purposes and said City of Jesup, as created by this Act, shall succeed to all the rights of, and is hereby made responsible, as a body corporate, for all the legal debts, liabilities, obligations, and undertakings

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of the City of Jesup, heretofore created and chartered under and by the Act of the General Assembly of the State of Georgia, approved August 16, 1915, and all Acts amendatory thereof and no contract, obligation nor agreement made by said City of Jesup as heretofore created and chartered shall be voided, abrogated or impaired by virtue of this Act, but all such contracts, obligations and agreements shall be binding upon the City of Jesup, as created by this Act, and the other parties thereto, in as full and complete a manner as they were upon the City of Jesup heretofore created and upon the other parties to such contracts, obligations and agreements. Corporate name. Powers in general. Succession. Binding obligations. Section 2. Be it further enacted, that the corporate limits of said city shall extend to and embrace all of the territory within a square described as follows: Beginning at a point one mile north of the center of Cherry Street and the main line of the Atlantic Coast Line Railroad in said city and running thence east a distance of one mile, thence south a distance of two miles, thence west a distance of two miles, thence north a distance of two miles, thence east a distance of one mile to the point of beginning, said area embracing four square miles and being the same territory included and embraced in the corporate limits of the City of Jesup, as set forth in the Act of the General Assembly of the State of Georgia, incorporating said City of Jesup as specified and described in Georgia Laws, Acts of 1915, Page 641, et seq. Territorial limits. Section 3. Be it further enacted, that the municipal government of the said City of Jesup 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 two years and until their successors are elected and qualified. The mayor and councilmen of said city who shall be or may have been elected for the years 1938 and 1939, shall hold office until January 1, 1940, and thereafter, the duly elected mayor

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and councilmen shall hold office until January first of each even numbered year thereafter, or until their successors are elected and qualified. The term of office of the mayor and councilmen is hereby fixed at two years. Mayor and council. Section 4. Be it further enacted, that no person shall be eligible to hold the office of mayor or councilman of the City of Jesup unless he or she shall have attained the age of thirty years and has been a bona fide resident of said city for at least twelve months prior to his or her election and is a registered and qualified voter in the City of Jesup. Eligibility. Section 5. Be it further enacted, that at the first regular meeting of the mayor and council held in January after an election and before entering upon their duties, the newly elected mayor and councilmen shall appear and subscribe, before some officer qualified to administer oaths, the following oath: I do solemnly swear that I will faithfully discharge all of the duties devolving upon me as mayor (or councilman) of the City of Jesup during my continuance in office, and that I will faithfully enforce the laws and ordinances of said city and administer the affairs of said city in accordance with the provisions of the charter to the best of my skill and ability, without fear or favor; that I will well and truly demean myself as mayor (or councilman) in a manner that will not reflect upon my office; that I will observe and defend and obey the laws of the State of Georgia and of the United States and discharge all duties of my office without fear or favor; so help me God. Oath of office. Section 6. Be it further enacted, that the mayor shall be the chief executive officer of said city and it shall be his duty to preside at all meetings of the city council; to see that all meetings are conducted in a parlimentary manner; to preserve order and decorum in such meetings; to inflict such punishment upon any person guilty of contempt before said council as may be authorized by municipal

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ordinances; to see that all laws, ordinances, rules, regulations and resolutions of the mayor and council of said city are faithfully executed and enforced; to appoint and be an ex officio member of all committees; to see that the officers of said city do faithfully perform the duties required of them; to enforce all municipal ordinances of said city within the city limits of said city; to have the books of said city audited and see that all funds are properly accounted for and that all revenues are properly and promptly 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 for the welfare of said city; 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 to be made by such officers, to the council, as he may deem proper; to see that order is maintained in said city; and that its property and effects are preserved. The said mayor shall exercise general supervision and jurisdiction over the affairs of said city; shall have authority to convene the council in extra session as frequently as he may deem proper; to suspend without pay any officer for failing to comply with any order of the mayor or council, or to enforce or execute any law, ordinance, rule or order of the mayor, the mayor and council, or the City of Jesup, as required by the mayor or council, it is provided, however, that such suspension may be revoked by a majority vote of the council at any regular meeting held after such suspension; to preside in the Police Court of the City of Jesup, and is hereby given full authority to sit as a committing magistrate; to try all persons charged with violation of any ordinance of said city, and to impose sentences of punishment for such violations, within the limits hereinafter provided; to punish for contempt of court before such police court or contempt of the council by imposing such sentence or penalty as may be authorized by the ordinances of said

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city; to appoint such special police officers for police duties as he may deem expedient or necessary; to bind said city be signing any contract, obligation or other matter entered into and authorized by ordinance or resolution of the council of said city; 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 hereinafter be authorized. Mayor's duties and powers. Section 7. Be it further enacted, that the mayor shall not vote on any question voted on by the city council, except in case of a tie, and no ordinance nor resolution passed and adopted by the city council of said city shall become effective and operative until the same shall have been approved by the mayor, except as herein provided. The mayor shall have the power to veto any ordinance or resolution of the said city council and in case he desires to veto any ordinance or resolution of the city council, he shall, within three days from the passage of such ordinance or resolution, file with the clerk of the City of Jesup a written veto setting forth his reason or reasons for refusing to approve such ordinance or resolution. Any ordinance or resoltuion vetoed by the mayor of said city may be passed over the veto of the mayor by a majority vote of all members of the city council, a majority vote being a vote of at least three members of the council favorable to overriding such veto. The question of sustaining or overriding the veto of any ordinance or resolution by the mayor may be voted upon at any regular meeting of the mayor and council held after such veto at a special or called meeting of the mayor and council, called by the mayor or a majority of the councilmen, if the mayor should fail or refuse to call such a meeting. In the event such special or called meeting is called, the clerk of the City of Jesup shall read the order of the mayor, vetoing or refusing to approve any ordinance or resolution vetoed by him, and the council shall then vote upon the question of sustaining or overriding such veto; and in

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the event no special meeting is called, the Clerk of the City of Jesup, at the next regular meeting of the mayor and council, shall read such order, and the councilmen shall then vote upon the same, as provided in case of a special or called meeting. Ordinances. Section 8. Be it further enacted, that the mayor and council shall, at the first regular meeting held after a regular election, for mayor and councilmen, elect one councilman as mayor pro tem who shall, in the absence from the city, disqualification or disability of the mayor, perform all of the duties and be vested with all of the authority and powers of the mayor; and in case of a vacancy in the office of mayor by death, resignation or otherwise, said mayor pro tem shall perform all of the duties of mayor until such vacancy shall have been filled, as hereinafter provided. In the case of absence, disqualification or disability of both the mayor and the mayor pro tem, the members of the council shall appoint and designate some member of their body to act as mayor during such time and such appointee shall have all of the authority and power of the mayor, during such time such member may be thus acting. Mayor pro tem. Acting mayor. Section 9. Be it further enacted, that it shall be the duty of the mayor and councilmen to faithfully and diligently discharge such duties as are usual to such offices; to attend all regular and special meetings of the mayor and council; to faithfully and diligently attend to the affairs of said city and to vote upon all questions, ordinances, rules, regulations, and measures that may come before the council for passage, or consideration and to perform such services as they may be required to perform by the mayor of said city and as are required of them by this Act. Duties. Section 10. Be it further enacted, that the Mayor and Council of the City of Jesup shall constitute the legislative department of said city and, as such shall have the

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full power and authority, from time to time, to pass ordinances, laws and regulations and to establish rules and orders, as to them may seem right and proper respecting drainage, ditches, bridges, culverts, streets, lanes, alleys, railroad crossings, street railways, automobiles, bicycles, carriages, drays, hacks, wagons, airships, livery stables, sales stables, warehouses, store-houses, hitching places, markets, slaughter houses, hotels, restaurants, apartments, boarding houses, sleeping apartments, cafes, opera houses, theatres, picture shows, all kinds of shows shown under tents and other places, dance halls, skating rinks, bowling alleys, pool rooms, billiard rooms and other places of amusement, garages, shops, mills, ginneries, factories, barbershops, soda fountains, beer saloons, telegraph and telephone companies, gas, water, light and electrical companies, booths, stands, tents, stores, business establishments, filling stations, bulk gasoline and oil stations, common carriers, all sales and displays in said city, dry cleaners, pressing clubs, laundries, ice plants and all other matters and things whatsoever that may be by them considered necessary, 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. The enumeration of these powers shall not be construed as restricting the mayor and council to said powers alone, but the powers herein granted, shall include all and every other thing and act necessary or incident to municipal government that shall not conflict with the general laws of the State of Georgia, such as are usually granted to the mayor and council of municipalities. Legislative functions. Section 11. Be it further enacted, that the mayor and council shall hold regular and stated meetings at such times and places as may be by the mayor and council determined by ordinance or resolution, and such special or called meetings as may be, by said mayor and council

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deemed necessary. Three members of the council and the mayor or the mayor pro tem shall constitute a quorum for the transaction of any business pertaining to said city. 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, or with the provisions of this Act, as they may deem proper. Said meetings shall be open to the general public, but the mayor and council may hold executive sessions when they deem it advisable. Meetings. Quorum. Section 12. Be it further enacted, that all ordinances and resolutions of the mayor and council shall be introduced only in written or printed form. All ordinances, except ordinances making appropriations and ordinances codifying or rearranging existing ordinances, shall be confined to one subject and the subject or subjects of all ordinances shall be clearly expressed in the title. Ordinances making appropriations shall be confined to the subject of appropriations. No ordinance shall be passed until it has been read at two separate meetings held on two different days, unless the requirements for reading it on separate days be dispensed with by a vote of not less than five members of the council and have the approval of the mayor. The final reading of all ordinances shall be in full unless a printed or written copy of such ordinances shall have been submitted to each member of the council prior to such reading. The vote upon the passage of all ordinances and resolutions shall be upon a call for the ayes and nays, and the votes on the passage of all ordinances shall be entered upon the minutes of the meeting of the council in which such vote was taken. The entering clause of all ordinances introduced in council shall be: Be it ordained by the Mayor and Council of the City of Jesup. Ordinances and resolutions. Section 13. Be it further enacted, that the salary of the mayor and council shall be fixed by the mayor and council at the first regular meeting after their election

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and qualification, and no salary so fixed shall be changed during the term for which said salaries are fixed, provided the maximum salary that shall be paid to the mayor shall be $300.00 per annum and the maximum salary that shall be paid to each member of the council shall be $100.00 per annum, except that the members of the board of tax equalizers may be paid an additional amount, as hereinafter provided. Salaries of mayor and council. Section 14. Be it further enacted, that the mayor and council shall, at the first meeting in January, after any regular election of mayor and council, appoint, by a majority vote of the council and the approval of the mayor, except in such cases as the mayor may veto such appointment and such veto be overridden, as hereinbefore provided, a city marshal, chief of police, such city policemen as may be deemed necessary by the mayor and council, chief of the fire department, such firemen as may be deemed necessary by the mayor and council, a superintendent of public works, a city clerk, a city treasurer, a city attorney and such other city officials as the mayor and council may deem necessary. The office of city marshal and chief of police may be held by the same person, who shall then act in a dual capacity, and perform the duties of city marshal as City Marshal, City of Jesup, and the duties of chief of police as Chief of Police, City of Jesup. The mayor and council shall also have authority to appoint a deputy city marshal who shall, in the absence from the city, disqualification or disability of the city marshal, perform the duties of city marshal and be vested with all the powers and authority of the city marshal, when so acting, and the duties performed by the deputy city marshal, as herein provided, shall have all of the force and effect as through they had been performed by the city marshal. The office of deputy city marshal and city policemen may be held by the same person, who shall then act in a dual capacity, and perform the duties of deputy city marshal as Deputy City Marshal,

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City of Jesup, and the duties of city policeman as City Policeman, City of Jesup. The office of city clerk and city treasurer may be held by the same person. The official title of the clerk shall be, Clerk, City of Jesup and the official title of the treasurer shall be, Treasurer, City of Jesup. The Clerk of the City of Jesup shall also be clerk of the police court and his official title as such shall be, Clerk, Police Court. The office of chief of the fire department and superintendent of public works may be held by the same person. The mayor and council shall have the further right and authority to employ such help and employees as they may deem necessary to properly conduct the several city enterprises and affairs of said city, and shall fix such compensation as they deem proper. No city officers or employees, other than the elective officials of said city (mayor and councilmen), shall be appointed or employed for any definite period of time, but shall hold office and be employed only at the pleasure of the mayor and council, and the mayor and council may dispense with the services of any city officer or employee, other than the elective officials, with or without cause and with or without notice, and any city officer or employee whose services are thus dispensed with shall cease to receive any compensation, upon his services being thus dispensed with; and no city officer or employee whose services have been thus dispensed with shall have any right of trial or appeal; action of the mayor and council in this respect shall be final. Marshal, deputy, policemen, clerk, treasurer. Employees. Section 15. Be it further enacted, that it shall be the duty of the Clerk of the City of Jesup to attend all meetings of council; keep a careful and accurate record of its proceedings, including a record of the 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, at the first meeting in each month, a detailed statement of the financial conditions of said city; collect

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and account for all revenues due said city from whatever source; furnish to the mayor and council, or either of them, such information as may be requested by either, opening his books at any reasonable time to any citizen requesting to see same; keep and preserve all of the records of the City of Jesup; have custody of the registration book and use due diligence to see that all persons registering for voting are qualified and eligible; and perform all other duties devolving upon him as Clerk of the City of Jesup and all such other duties as may be required of him by the mayor or by the council. When the offices of Clerk of the City of Jesup and Treasurer of the City of Jesup are held by one and the same person, the salaries shall be fixed by the mayor and council in whatever amount they may deem proper, except that in no event shall the combined salaries of both offices exceed the sum of $125.00 per month; and when both of said offices are held by two different persons, the salary of each shall be fixed by the mayor and council, but in no event shall the combined salaries for both offices exceed $125.00 per month. The clerk and treasurer shall receive no other or further compensation from the City of Jesup. Clerk's duties. Salaries of clerk and treasurer. Section 16. Be it further enacted, that the Treasurer of the City of Jesup shall receive, account for and regularly disburse all moneys received by the City of Jesup and perform all other duties devolving upon him as Treasurer of the City of Jesup. Accounts. Section 17. Be it further enacted, that when the office of Clerk of the City of Jesup and Treasurer of the City of Jesup shall be held by the same person, all duties of the clerk shall be performed by such person as Clerk, City of Jesup and all duties as treasurer shall be performed as Treasurer, City of Jesup. Clerk and treasurer. Section 18. Be it further enacted, that before entering upon the duties of clerk and/or treasurer, said clerk and/or treasurer shall make, execute and deliver to

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the mayor good and sufficient bond, in the amount of $5,000.00 signed and executed by some solvent bonding company as surety, said surety to be approved by the mayor and council payable to the Mayor and Council of the City of Jesup and their successors in office. When the offices of Clerk, City of Jesup and Treasurer, City of Jesup are held by the same person, one bond shall be sufficient unless the mayor and council shall desire that said person execute a bond as city clerk and a bond as city treasurer. Surety bond. Section 19. Be it further enacted, that the city marshal shall perform all of the duties devolving upon him as city marshal, make all levies of fi. fas. and other liens issues by said city, serve all notices of such levies, advertise all sales required by law to be advertised, make all sales on behalf of said city, execute tax deeds and conveyances and do and perform any and all other acts and things devolving upon him in the performance of his duties as city marshal, and do and perform all other acts and things the mayor and council may require of him, not in conflict with the provisions of this Act or the laws of Georgia; and before entering upon his duties as city marshal, he shall make, execute and deliver to the mayor and council good and sufficient bond, signed by some solvent bonding company as surety in the sum of $3,000.00, payable to the Mayor and Council of the City of Jesup and their successors in office, the form and surety of which shall be approved by the mayor and council. He shall further take and subscribe such oath as may be fixed and prescribed by the mayor and council. The deputy city marshal, if one be appointed as hereinbefore provided, shall also make and execute a similar bond to the one herein provided for the city marshal to make and execute; the amount of said bond shall be fixed by the mayor and council. Marshal's duties. Surety bonds. Deputy. Section 20. Be it further enacted, that the Chief of Police of the City of Jesup shall be the head of the police

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department of said city and he shall at all times exercise diligence in keeping the peace, maintaining order, and performing all of the duties devolving upon him as Chief of Police of the City of Jesup. Before entering upon his duties as chief of police, he shall take and subscribe such oath as may be fixed and prescribed by the mayor and council, and shall give such bond as may be required by the mayor and council. When the offices of the city marshal and chief of police are held by the same person, the mayor and council may not require any bond of the chief of police as such, but may only require of him a bond as city marshal, as is hereinbefore provided. All city policemen shall take and subscribe a similar oath to that required of the chief of police. Chief of police. Oath and bond. Section 21. Be it further enacted, that the salaries of the City Marshal of the City of Jesup and the Chief of Police of the City of Jesup shall be fixed by the mayor and council, and when the offices of the city marshal and chief of police are held by the same person, the salary for both offices shall not exceed $125.00 per month; and when the offices of city marshal and chief of police are held by different persons, the salary of each shall be fixed by the mayor and council, but in no event shall the combined salaries for both offices exceed the sum of $125.00 per month. Neither the city marshal nor the chief of police shall receive any other or further compensation than the salary fixed by the mayor and council, nor shall any city policeman receive any compensation from the City of Jesup, other than the salary fixed by the mayor and council. Salaries. Section 22. Be it further enacted, that the mayor and council may, in their discretion, elect and appoint a city attorney, whose duties shall be to draft such ordinances as may be required by the council, attend such meetings of council as may be required, prosecute cases wherein violations of city ordinances are charged, in the police

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court, when requested by the mayor or recorder, advise the mayor and council on all questions of law wherein advice is requested, and perform such other duties as may be required by the mayor and council. The compensation of the city attorney shall be fixed by the mayor and council. Attorney. Pay. Section 23. Be it further enacted, that at or before the first regular meeting of the mayor and council in March of each year, the mayor and council shall appoint one member of the council, who, together with the mayor and the chairman of the finance committee, shall constitute the Board of Tax Appraisers and Assessors for the City of Jesup. It shall be the duty of the board of tax appraisers and assessors to faithfully, fairly and equitably appraise, equalize and evaluate, for the purpose of taxation, all of the realty and personalty within the territorial limits of the City of Jesup, and subject to taxation. Said board of appraisers and assessors shall be paid by the City of Jesup, in addition to their compensation as city officials, such amount as may be fixed by the mayor and council, not to exceed the aggregate sum of $100.00 paid to all three members of said board for any one year. Said board of appraisers and assessors is hereby required to complete their assessment and appraisal not later than July first of each year, and should any such board fail to complete its appraisal and assessment by or before July first of each year, such board shall forfeit its right to any compensation as such appraisers and assessors. Board of tax assessors. Duties. Pay. Completion of assessment. Section 24. Be it further enacted, that the mayor and council may, at their discretion, by ordinance, create the office of Recorder of the City of Jesup and elect a Recorder of the City of Jesup, whose duty it shall be to preside in the police court of said city, with as full and ample authority to try and dispose of all cases within the jurisdiction of the police court as the mayor has under the provisions of this Act. Such recorder shall hold office from

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the time of election or appointment, by the mayor and council until the expiration of the term of office of the mayor and council, under which the election or appointment was made, unless the office of recorder shall be sooner abolished, which may be done by ordinance, or such recorder shall be sooner removed from the office by the mayor and council for cause; the decision of the mayor and council in any such removal shall be final. The qualifications for eligibility for the office of recorder shall be fixed and determined by the mayor and council. In case of absence from the city, disqualification or disability of the recorder, the mayor or mayor pro tem may perform the duties of recorder. In case of vacancy in the office of recorder, by death, resignation, removal or otherwise, the mayor and council may, at their discretion, elect and appoint a successor or may, by ordinance, abolish and discontinue the office of recorder, in which case the mayor shall then perform all of the duties of judge of the police court and shall have the same powers and authority hereinbefore provided, just as through the office of recorder had never been established by the mayor and council, under the provisions of this Act. Should the Mayor and Council of the City of Jesup elect and appoint a recorder, they shall also fix the salary to be paid such recorder and it shall not be changed during his term of office, provided the salary of recorder shall not exceed $300.00 per annum. Recorder. Tenure. Qualifications. Absence. Vacancy. Mayor as police judge. Salary. Section 25. Be it further enacted, that at the first regular meeting of the mayor and council in January of each year, the mayor and council shall select and appoint three registrars, who shall be registered and qualified voters in said city. It shall be the duty of the registrars to make and prepare a list of the registered and qualified voters of said city and furnish same properly certified, to the Clerk of the City of Jesup, as hereinafter provided. Such registrars shall take and subscribe an oath to faithfully and impartially perform the duties devolving upon them as registrars, said oath shall be in

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the form prescribed by the mayor and council. The compensation of such registrars shall be fixed by the mayor and council, at the time of selection and appointment, but shall not exceed the sum of three dollars ($3.00) per day each, for the time actually spent in the performance of their duties as registrars. Registry of voters. Section 26. Be it further enacted, that, at least five days before any regular or special election to be held in said city, the mayor and council shall select and appoint a justice of the peace, a notary public and ex-officio justice of the peace or the ordinary of Wayne County and two (2) freeholders, as election managers to hold such election. Before entering upon their duties, as such election managers, each of them shall take and subscribe the regular oath prescribed for election managers in the State of Georgia. The compensation of such election managers shall be fixed by the mayor and council, but shall not exceed three dollars ($3.00) per day, each. Election managers. Pay. Section 27. Be it further enacted, that every person who shall have resided in the City of Jesup six months next preceding the date of any regular or special election and is qualified to vote for members of the General Assembly in Wayne County, Georgia, and who shall have signed the Voter's Book of the City of Jesup, within the time herein provided, is hereby made a registered and qualified voter of the City of Jesup. Voters qualified. Section 28. Be it further enacted, that after the passage and approval of this Act, the City of Jesup shall furnish and the Clerk of the City of Jesup shall open a book or books to be designated as Voter's Book, said book shall contain, at the top of each page therein, the following oath; I do swear or affirm, that I am registered and qualified to vote for members of the General Assembly of Georgia, in the County of Wayne; that I am a bona fide resident of the City of Jesup and have resided in the City of Jesup for the past six (6) months, or will have done so by the

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next election to be held in said city and that I am not disqualified from voting by reason of any offense committed by me against the State of Georgia, nor otherwise; that the street and house number set opposite my name herein is my true place of residence and that the statements opposite my name herein, as to age, sex, color and occupation, are true, so help me God. Voter's oath. Section 29. Be it further enacted, that the Clerk of the City of Jesup shall have full and complete authority and it shall be his duty to administer the oath, prescribed in the foregoing section, to each person seeking to sign said voter's book and register as a qualified voter in said city. Said clerk shall keep said voter's book open at all regular office hours when the office of the transaction of the City of Jesup shall be open for the transaction of the regular business of said city. Said clerk shall permit no one to sign said voter's book until he is satisfied that such person is qualified as required by the provisions of this Act nor shall he prevent any person signing said book when such person shall be qualified to do so. No person who shall have registered in said voter's book and become a qualified voter in said city, shall again be required to register, to become a qualified voter in said city, so long as such person remains a resident of said city and does not disqualify himself or herself by non payment of taxes or otherwise, the purpose of this Act being to provide a permanent system of registration in said city. Voters' book. Section 30. Be it further enacted, that the clerk of the City of Jesup shall close the voter's book thirty (30) days before any regular election and fifteen (15) days before any special election, to be held in said city, at five o'clock, P. M. on such closing day and shall not permit any person to register after such time until after such election shall have been held; and shall thereupon turn said voter's book over to the registrars, who shall

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meet and make up, from said book, a list of the qualified voters of said city, who are qualified to vote in such election; in making said list, the registrars shall exclude the names of all persons found to be not eligible to vote in such election or who have, in any way, disqualified themselves as legal voters. The said registrars shall complete their work on such voter's list not later than five (5) days prior to such election and certify said list to be true and correct and deliver same to the Clerk of the City of Jesup, and the said clerk shall certify that same has not been altered nor changed since being delivered to him and on the morning of the election to be held in said city deliver said list to the election managers, selected to hold such election; and no person whose name does not appear upon said list shall be allowed or permitted to vote in said election unless such voter shall be able to and show, by competent evidence satisfactory to the registrars, that the name of such voter was omitted from the list by accident or mistake. List of voters. Certificate. Section 31. Be it further enacted, that all persons shall have the right of appeal from the decision of the clerk, refusing any person the right to register, such appeal shall be made to the board of registrars within five (5) days after the voter's book shall have been closed prior to any election and said book delivered to said registrars and said board shall determine the eligibility of such person or persons to vote in such election and the decision of said board shall be final. Appeal as to registry. Section 32. Be it further enacted, that the registrars shall have full authority to purge all registration list, in said city of all illegal voters but shall give notice in writing or printing to all persons whom they have reason to suspect have registered illegally or are disqualified for any cause and, upon such person, so notified, appearing before said board, as directed said board shall hear any evidence submitted and determine the eligibility of such voter or voters. Purge of registration list.

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Section 33. Be it further enacted, that all elections held under the provisions of this Act shall be held under the same rules, regulations and procedures as elections are held in the County of Wayne for members of the general assembly; provided that all such elections shall be held at the city hall in said city and that the polls shall open at seven o'clock, A. M. and close at six o'clock, P. M. according to the time prevailing in said city at such elections. All voting in any election held in said city, shall be by secret ballot and all electors shall be secure in their right to cast their ballots without annoyance from or by any person in or near any voting place. Election regulations. Section 34. Be it further enacted, that during all elections held in said city, the mayor and council, through the marshal, chief of police and such other officers as the mayor and council shall deem necessary, shall take all mecessary measures, steps and precautions to preserve order and secure to the electors the right to deposit their ballots at the polls without fear of harm, exposure of ballot or intimidation in any manner whatsoever. Order and protection at polls. Section 35. Be it further enacted, that the person or persons receiving the highest number of votes for the respective offices shall be declared 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. Certificate of election. Section 36. Be it further enacted, that the election managers shall count and tabulate the votes cast in any election and declare the result thereof, but shall not issue a certificate of election for a period of three days after the election is held; but if no contest is filed within three days after the election, the election managers shall then issue certificates of election to the successful candidates. If any contest shall be filed within three days, as herein above provided, the election managers

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shall withhold the issuance of certificate of election, in any case where contest has been filed, until the final termination of said contest. Result. Contest. Section 37. Be it further enacted, that if the result of any election in the City of Jesup is contested, unless otherwise demanded by law, notice and grounds of said contest shall be filed with the Ordinary of Wayne County, Georgia, within three days after said election and payment made in advance, by the contestant or contestants, to said ordinary of $10.00 as the ordinary's costs, which is herein fixed; said ordinary shall, within two days after he receives the same, cause a copy of said notice to be served by the Sheriff of Wayne County or his lawful deputy upon contestee or contestees, if such contest is filed in the case of one seeking a municipal office; and if the result of any election in which any quest on submitted is contested, then the ordinary shall cause the notice to be served upon the mayor of said city. The ordinary shall fix the time of hearing of said contest, not later than ten days after the filing of such notice with him, and notify in writing all parties to such contest of such date, at least five days before the date of such hearing. The contestant shall pay to the Sheriff of Wayne County the sum of $2.00 for each copy of contest served by him, which amount shall be paid in advance. Should the costs, herein provided, not be paid at the time of filing any such contest, the ordinary shall not accept same for filing. Such notice of contest shall set out clearly, plainly and distinctly the grounds upon which the result of said election is contested. Contestee may set up any cross grounds of contest or any other legal defense. Such contest shall be heard at the Court House of Wayne County, Georgia, and the ordinary is authorized to hear and decide any contest. The losing party shall pay all costs of such contest. The ordinary shall, by written notice, require the Clerk of the City of Jesup to have and produce at such hearing the ballot box and any and all other records or papers that

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he may deem necessary or that any party to said contest may request, said notice to be served upon the clerk at least two days before the hearing. Should the Ordinary of Wayne County, Georgia, be disqualified or disqualify himself to hear any such contest, said ordinary shall procure the ordinary of any adjoining county to hear and determine such contest, in which event the ordinary hearing and determining such contest shall receive the sum of $10.00 required to be deposited as ordinary's costs. Contests regulated. Costs, hearing, etc. Section 38. Be it further enacted, that no person whose election is contested shall qualify for office in said city or perform or discharge any of the duties of such office until such contest is heard and determined. Section 39. Be it further enacted, that in case of a tie of votes between two or more candidates in any election for mayor or councilman, or in case of a tie in the votes upon any question being voted upon by the electors of said city, a new election as between such candidates thus tied or for deciding any question the vote upon which shall be a tie, shall be ordered by the mayor and council to be held within ten days after the results have been declared; the same registration list shall be used as was used in the election in which the tie votes were cast and the person receiving the highest number of votes in such election shall be declared elected; and the highest number of votes cast shall determine any public question being thus voted upon. Election on tie vote. Section 40. Be it further enacted, that when the office of mayor or councilman has become vacant, as provided in this Act and an election is required to fill same, the mayor and council shall call such election within thirty days after such vacancy has occurred and such election shall be held under the same rules and regulations as are herein provided for holding regular elections in said city. Notice of said election shall be published at least

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four times, in the newspaper in which sheriff sales are advertised in Wayne County, Georgia, before said election and all candidates shall qualify at least fifteen days prior to the date of said election. Called election on vacancy. Section 41. Be it further enacted, that all elections on the question of bond issues in said city shall be held as provided by the laws of the State of Georgia for bond elections in counties and municipalities. The registrars of said city shall prepare and certify to the Clerk of the City of Jesup, five days before such election, a list of the qualified voters of said city, qualified to vote in such election; and said clerk shall certify the same, as herein above provided, and deliver said voters list to the election managers at the opening of the polls on election day. Bond-issue elections. Section 42. Be it further enacted, that no property belonging to said city, having a value of $500.00 or over as shall be determined and appraised by the board of tax appraisers and assessors of said city, shall be sold until after the qualified voters of said city shall have ratified the sale thereof at an election held for that purpose. The mayor and council, when in their opinion it would be to the interest of said city to sell any property belonging to said city where the value is $500.00 or more, determined as above provided for, shall by a proper resolution call an election on the question of selling such property, setting out therein a full description of the property to be sold, when it is proposed to be sold, and for what purpose. The registrars shall prepare and certify to the clerk, in the same manner as herein provided in the case of election for bond issues, a list of the qualified voters of said city who shall be qualified to vote upon the question of selling such property; and the clerk shall certify same, as provided in elections for bond issues, and deliver same to the election managers at the opening of the polls on election day. The mayor and council shall cause notice of said election to be published in the official organ of

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said city at least four times before said election day. The majority vote in such election shall determine whether or not such property shall be sold. The secret ballot system shall be used in all such elections and said ballots shall have written or printed thereon the terms, For the sale of city property, to be left on said ballots by those wishing to vote in favor of sale and Against the sale of city property to be left on said ballots by those wishing to vote against the sale. These provisions shall not apply to tax sales. Election as to sale of property. Section 43. Be it further enacted, that all regular elections for Mayor and Councilmen of the City of Jesup shall be held on the first Saturday in December in each election year. Beginning with the first Saturday in December, 1937 and biennially thereafter. All special elections shall be held when called, by proper resolution, of the mayor and council and after thirty days' notice of same has been given by publication in the official organ of the City of Jesup, or as otherwise provided by this Act. Election times. Section 44. Be it further enacted, that all election returns shall be delivered under seal, by the election managers, to the Clerk of the City of Jesup, who shall keep them securely inviolate until called for by the proper authorities. Unless a contest has been filed, the ballots and election papers of all elections shall be destroyed after thirty days from the date of review and certification of the result of such election; and in case of a contest the ballots and election papers of such contested election shall be destroyed after thirty days from the date of the final termination of such contest and certification of election. The ballots and election papers of all elections shall be publicly destroyed after the mayor and council shall have posted a notice of such destruction at the city hall. Said notice shall give the date and the hour of destruction of such papers, and same shall be destroyed by the Mayor and Clerk of the City of Jesup, in the presence of at least three

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qualified voters of said city, who shall not be an official, officer or employee of said city. Returns, ballots, etc. Section 45. Be it further enacted, that the mayor and Council shall cause all the necessary ballots, election papers, tally sheets, returns, booths, and all other necessary materials and things to be furnished for holding all elections for said city and shall pay for same out of the general funds of the city treasury. Payment for election papers. Section 46. Be it further enacted, that the fiscal year of said city shall begin with the first day of May of each year and shall end with the next succeeding thirtieth day of April. Fiscal year. Section 47. Be it further enacted, that the City of Jesup shall have power and authority, by and through its mayor and council, to impose, levy and collect such taxes upon all property, both real and personal, within the city limits of said city, and upon personal property, the owner of which resides within said city, upon banking, insurance and other capital employed therein, upon salaries earned in said city, incomes derived from property within the City of Jesup, upon incomes derived from personal property not located in said city but the owner of which resides within said city, and upon sales made within said city, as may be deemed necessary by the mayor and council for the support of the government of said city. Taxing powers. Section 48. Be it further enacted, that the ad valorem tax levy for all purposes in said City of Jesup shall not exceed a total of twenty-two mills in any one year, and that the mayor and council shall fix and provide conditions upon which a discount of 20% on all ad valorem taxes shall be allowed tax payers. Ad valorem tax limit. Section 49. Be it further enacted, that on or before the first day of the fiscal year of said city, the mayor and chairman of the finance committee shall prepare and submit to the council at its first regular meeting in each fiscal

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year, a budget, presenting a financial plan for conducting the affairs of the city for the ensuing fiscal year. The budget shall include the following information: Budget. (a) Detailed estimates of the expenses of conducting each department of said city for the ensuing year, comparing same with the preceding year; Information required. (b) The value of supplies, materials, buildings, etc., owned and held by the City of Jesup on the date of the preparation of such budget; (c) The amount of the total and net debt of said city, together with a schedule of maturity of bond issues; (d) A statement of the amounts to be appropriated for interest on city debt and bond maturities during the ensuing year. (e) An itemization of all anticipated income of the city from all sources during the fiscal year; (f) Such other and further information as the mayor and chairman of the finance committee may think desirable or as may be required by the council. Section 50. Be it further enacted, that the mayor and chairman of the finance committee shall submit to the council, at the time of the submission of the annual budget the draft of an appropriation ordinance providing for the expenditures proposed for the ensuing fiscal year, and the council shall, after making such amendment or amendments thereto as it may deem necessary, pass and adopt such budget and make such budget the ruling factor in the annual fiscal affairs of said city and at such time pass an appropriation ordinance conforming thereto. Appropriation ordinance. Section 51. Be it further enacted, that at the first regular meeting of the mayor and council, held in July of each year, the mayor and chairman of the finance committee shall report in writing to the council the estimated

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rate of tax levy required to produce an amount of income which, together with the estimated income from all other sources, will equal the appropriation made by the council; and the council shall, by ordinance, at that time, levy taxes at the rate specified in such report unless, by an amendment of the appropriation ordinance, reducing the appropriations, the levy of a lower rate may be made possible, but no such amendment shall reduce the appropriation made to pay the then existing city debt. Report of tax rate. Section 52. Be it further enacted, that the Clerk of the City of Jesup shall keep an account of each item of appropriation made by the council, each such account shall show, in detail, the appropriations made thereto, the unpaid obligations charged against it and the unencumbered balances to the credit thereof. The clerk shall submit to the mayor and council at the first regular meeting held in each month a statement setting forth in detail the financial condition of each account herein above provided for, and of the financial condition of said city Clerk's accounts and statements. Section 53. Be it further enacted, that no claim against said city shall be paid except by a warrant on the treasurer of said city, issued by the clerk and countersigned by the mayor or chairman of the finance committee. The mayor and council shall examine all payrolls, bills and other claims and demands against the said city and no warrant shall be issued for their payment unless it is found that such claim is in proper form, correctly computed, legally due and unpaid, and payable by the city, and that an appropriation therefor has been made which has not been exhausted and that there is money in the treasury with which to make payment. No claim nor debt shall be paid by said city until same has been investigated and approved by council. Warrants for payments. Section 54. Be it further enacted, that the mayor and council of said city shall make all purchases of supplies, materials and equipment for said city in such manner as

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they may direct; and shall, under such regulations as may be provided by ordinance, sell all real and personal property of said city, not needed for public use or that may have become unsuited for public use; provided the mayor and council shall not sell any city property, real or personal in nature, when its value exceeds the sum of $500.00 as determined in the manner hereinbefore provided, until such sale has been ratified by the qualified voters of said city. The mayor and council shall give opportunity for competitive bids on purchases, under such rules as they, by ordinance, may deem best, where the value of such supplies, materials and equipment is in excess of $100.00 Purchases. Sales. Section 55. Be it further enacted, that, as soon as practicable after the close of the fiscal year, an independent audit shall be made of all accounts of all city officers, by a qualified public accountant selected by the mayor and council; and upon the death, resignation, or removal of any officer of the City of Jesup, the mayor and council shall cause an audit and investigation of the accounts of such officer to be made as early as practicable, and if any such officer is found to be indebted to the city, the mayor and council shall proceed forthwith to collect such indebtedness. Audits and investigations. Section 56. Be it further enacted, that all property subject to ad valorem taxation in said city, shall be valued by the tax appraisers and assessors, hereinbefore provided for, at its fair market value, subject to review and equalization as provided by the general laws of the State of Georgia. In valuing improved real estate, for taxation, the land and improvements shall be valued separately, showing the value of the land and the value of the improvements. Valuation of property for tax. Section 57. Be it further enacted, that all persons owning property in said city shall be required to make a return, under oath, annually, to the mayor and council

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of said city, of all their property, real and personal, subject to ad valorem taxation by said city, as of the first day of May in each year; and the books for recording same shall be opened on the first day of May and closed on the first day of June of each year, provided that if either of said days shall be Sunday the following day shall be the opening or closing day, as the case may be. In case of failure to make a tax return, by any person subject to make such return, the mayor and council may penalize such person for such failure by double taxation. Tax returns. Section 58. Be it further enacted, that at the first regular meeting in July of each year, held by the mayor and council, the mayor and council shall pass an ordinance levying ad valorem taxes and fixing the rate of levy in said city, and at the same time pass and adopt an ordinance providing for the manner in which the said ad valorem taxes shall be paid, in order for the tax payer to secure the benefit of the discount hereinbefore provided. Tax ordinance. Section 59. Be it further enacted, that the mayor and council shall, at the first regular meeting held in April of each year, pass and adopt a license tax ordinance providing for the collection of all special taxes, licenses, income and sales taxes, as may be determined by the mayor and council, and all such taxes shall be and become due upon the first day of May in each year. License ordinance. Section 60. Be it further enacted, that the board of tax equalizers and assessors, as hereinbefore provided for, is hereby vested with full power and authority to assess for ad valorem taxation, at the fair market value, all property, both real and personal, subject to ad valorem taxation by said city, so that said property shall stand upon the city tax digest at its reasonable market value. It shall be the duty of said board to search out and locate property that is not returned for taxation, to equalize taxation and ascertain the fair, reasonable market value of all property subject to ad valorem taxation in said city; and when

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any property subject to such taxation in said city has not been returned for taxation by the time for closing the tax return books, as required by law or ordinance, it shall be the duty of the board of tax equalizers and appraisers to assess said property for ad valorem taxation at its fair market value. Assessments for taxation. Assessors' duties. Section 61. Be it further enacted, that when any assessment has been made by said board, on any property subject to ad valorem taxation in said city, whether it has been returned for taxation or not, it shall be the duty of said board to set a date for hearing any objection to such assessment that property owners may make, and said board shall give written notice to the owner of said property of such assessment and also fix a date for hearing any objection that such property owner may make to said assessment, which notice shall be given at least ten days before such hearing. Such notice shall specify the amount of the assessment made, indicate the property assessed and inform the owner that he or she may be heard and show cause, if any he or she can, why said assessment should not remain as made. The said board shall give all property owners, objecting to assessments, full legal and fair hearing. The notice herein provided for shall be mailed, not registered, to the last known address of the owner of such property and no other notice whatever shall be required. Proof of mailing such notice shall be conclusive evidence that the notice has been given as required. If, for any reason, such notice cannot be given by mail, notice may be given by posting such notice at the city hall in said city, in a conspicuous place, ten days in advance of such hearing. Notice shall be considered 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 or attorney, at the time and place designated in said notice, then the assessment as made shall be final. Notice of assessment. Hearing.

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Section 62. Be it further enacted, that any tax payer who, after a hearing by the said board, is dissatisfied with the action of said board touching his assessment, shall have the right to appeal to a board of arbitrators and he or she may, within three days after said hearing, give notice in writing to said board, demanding an arbitration, including in said notice the name of his arbitrator; and the board of appraisers and assessors shall name its arbitrator within three days thereafter and the two arbitrators shall forthwith select a third arbitrator. The decision of said board of arbitrators shall be final. All of said arbitrators shall be bona fide citizens, tax payers and voters of the City of Jesup and shall own real estate therein. Said board of arbitrators shall render their decision within three days after naming its arbitrator by the board of appraisers and assessors. Said arbitrators shall receive, as compensation for their services, the sum of $2.00 per day or fraction thereof each, while actually engaged in the discharge of their duties, which amount shall be taxed as costs against the party losing in the arbitration; or, in case of a compromise between the parties, one half of such costs shall be taxed against each party. Appeal and arbitration. Section 63. Be it further enacted, that there shall be a lien on all property, both real and personal, of every citizen or inhabitant of said city and on all real property situated therein, for city taxes assessed thereon, for all fines and penalties assessed upon the owner thereof, and all other legal assessments, from the time they are assessed or imposed, which shall have a priority over all other liens, except liens of the State and county, and may be enforced in the same manner as now, or may be hereinafter, prescribed by law for the enforcement and collection of liens held by the State and county. Tax liens. Section 64. Be it further enacted, that the taxes on property levied by said City of Jesup shall be due and payable at the time or times fixed in the annual tax ordinance

Page 1173

to be passed and approved by the mayor and council at the first regular meeting of the mayor and council held in July of each year; and fi. fas. shall be issued against the property upon which taxes are levied by said city, and the owner thereof, at such time as may be fixed in said tax ordinance. When a tax fi. fa. shall be issued against any person, firm, corporation or property, same shall be immediately turned over to the city marshal by the Clerk of the City of Jesup and said city marshal shall proceed to collect same as provided by law or ordinance. Cost which shall be added to the amount of principal and interest in any tax fi. fa., so issued, and cost of levy and sale under any tax fi. fa. shall be the same as in fi. fas. issued by the tax Commissioner (or tax Collector) of Wayne County, and in tax sales by the sheriff of said county; and such costs shall be paid into the treasury of the City of Jesup. Such tax fi. fas. shall bear interest at the rate of 7% per annum from the date of issuance. Payment of taxes. Executions. Sales. Section 65. Be it further enacted, that all sales of property under tax fi. fa. or other executions issued by the City of Jesup, in favor of the City of Jesup, shall be made by the city marshal, after legal levy and advertisement, and said marshal shall execute and deliver to the person or persons purchasing at such sale a city marshal's deed which shall have the same force and effect, to convey title, as sheriff's deeds under tax sales in this State and said city marshal shall have the same authority to execute bills of sale or other instruments conveying title to personal property to the purchases of such property, at sales held under levy of tax fi. fas. Marshal's deed. Section 66. Be it further enacted, that the right of redemption shall exist for all owners of property whose property has been sold, as herein provided, in the same manner as the right or redemption exists in the case of sales under levy of tax fi. fas. by the State and county. All redemption deeds shall be authorized by the mayor

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and council of said city and said city, through its mayor and council, shall execute and deliver quit claim deed thereto when property has been redeemed as herein provided for. Redemption. Section 67. Be it further enacted, that claims or affidavits of illegality may be interposed under the same rules of law as are now provided by law for claims and illegalities under tax fi. fas. or other fi. fas. issued by the various courts, tax collectors and tax Commissioners of this State, and shall be heard in any court of competent jurisdiction. Claims; affidavits of illegality. Section 68. Be it further enacted, that the Mayor and Council of the City of Jesup shall have full power and authority to license, regulate, control or prohibit theatrical exhibitions, merry-go-rounds, circuses, dance halls, skating rinks, shows of all kinds, exhibitions, drays, automobiles, jitneys, trucks, taxis, public and private vehicles of all kinds, traveling vendors of medicine, soaps, notions of any other article, hotels, chain stores, individually owned stores, boarding houses, auction houses, restaurants, fish markets, meat markets, laundrys, dry cleaning and pressing shops, billiard rooms, pool rooms and other kinds of tables, ten pins alleys, bowling alleys, shooting galleries and all other kinds of games, slot machines or any game operated by coin-in-slot devices, all contrivances and devices for carrying on games, bakeries, dairies, barber shops, beauty shops, livery stables, slaughter houses, garages, repair shops, gins, saw-mills, planing mills, auctioneers, peddlers, pawn brokers, all agents for fire, accident, life or other insurance companies, the sale of all sorts and kinds of beverages, cigars and other tobacco products and all businesses, occupations, professions, callings, trades or vocations of any kind not herein specially mentioned, which under the laws of this State are subject to municipal license; and said mayor and council shall have the power and authority to require registration of,

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and to assess and collect a license tax on all such businesses above enumerated and on all other businesses, trades, professions, occupations or callings conducted or engaged in within said city, which under the laws of this State are subject to a municipal license. Regulatory powers. Section 69. Be it further enacted, that, at the first regular meeting of the mayor and council held in April of each year, the mayor and council shall pass and adopt, as herein before provided, a tax or license ordinance fixing a license for each of the businesses, occupations or professions enumerated above and any other business, occupation, profession, trade or vocation, which under the laws of this State, are subject to municipal license, and may issue a fi. fas. against the persons subject to such license, which fi. fas. shall become and constitute a lien on all property of the person liable for such license and shall have the same rank and be enforceable in the same manner as city ad valorem tax fi. fas. Any person, firm or corporation who shall commence, begin or engage in any business, occupation, profession, calling or vocation, for which a license is required by the City of Jesup, without having first procured such license and complied with all other requirements of said City of Jesup, relative thereto, shall be guilty of violation of the city ordinance provided for such license or tax and, upon conviction thereof, in the police court of said city, shall be punished as provided in section 115 of this Act; and prosecution under this section shall not be a bar to the issuance by said city of fi. fas. against said person, firm or corporation, and the levy and sale of property belonging to such person, firm or corporation, thereunder, but may be in addition to the methods herein provided for collecting such tax or license. If any person, firm or corporation shall commence, begin or engage in any business, within the City of Jesup, requiring a license, prior to June first of any year and shall not have paid such license by June first of any year, the mayor and council shall add the

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sum of 20% of the total amount of such license to such license fee, as a penalty for failure to procure same before June first; and if any person, firm or corporation shall, after June first of any year, commence, begin or engage in any business, within the City of Jesup, requiring a license and shall operate same for a period of thirty days without procuring such license, the mayor and council shall then add the 20% penalty above provided. The mayor and council of said city shall have full power and authority to provide by ordinance, for the classification of all businesses, and to fix the license or taxes to be paid by the different classes of businesses, and all other rules and regulations necessary and proper in the premises. Business licenses. Penalty. Section 70. Be it further enacted, that the mayor and council of said city may revoke the license of, and prohibit the operation of, any business or establishment for which a license may have been issued, in the event the same becomes a nuisance or is dangerous, hazardous or injurious to the health or morals of the inhabitants of said City of Jesup, and in case of such revocation, no refund of any amount paid for license shall be refunded. Revocation of license. Section 71. Be it further enacted, that the mayor and council of said city are hereby given full power and authority to assess, levy and collect a sanitary rental tax or other taxes not herein enumerated, which are not in conflict with the constitution and laws of this State. Sanitary rental tax. Section 72. Be it further enacted, that the mayor and council of said City of Jesup shall have full power and authority to make, by ordinance, all rules and regulations necessary for the control, inoculation, treatment, empounding and redemption of all domestic animals within said city and to impose, levy and collect a tax on same. Said mayor and council shall have authority to have killed or removed from said city, or sell for cost, such animals as have not been inoculated or treated or the tax paid thereon, as may be provided by said mayor and council,

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as well as such animals running at large on the streets of said city. Said mayor and council shall have full power and authority to control, and regulate, in any and every manner, the keeping of domestic animals within said city, and provide penalties for the violation of any ordinance with reference thereto. Animals, powers as to. Section 73. Be it further enacted, that the mayor and council are hereby empowered and authorized to assess, levy and collect a tax on fire, life, casualty and accident insurance premiums which are collected from policy holders residing in said city or when any policy holder resides out of said city, but the property insured is located in said city, and said tax may be in addition to any other license, tax or fee the said city may be authorized to collect from insurance companies or their agents doing business in said city, and may provide for and require the agents of all such insurance companies doing business in said city to make returns and reports, at such times as may be directed by the mayor and council of said city, of the amount of premiums collected in said city, for policies of insurance issued on property located therein or on the lives of persons residing therein. Tax on insurance premiums. Section 74. Be it further enacted, that said mayor and council are hereby fully authorized and empowered to impose, assess, levy and collect a tax on the annual gross amount of electric current furnished to the inhabitants, businesses, public works, street lights and for all other purposes by any public utility in said city. Said electric current shall be computed by means of an electric meter, such as is in general use in recording the quantities of current consumed in cities; and said tax, as levied, shall be computed upon the usual KWH basis. Tax on electric current. Section 75. Be it further enacted, that from and after the passage of this Act, the City of Jesup shall not require the payment of any commutation or street tax nor in lieu thereof require any person to work upon the streets

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of said city; provided, however, that if the said city is requiring street work or the payment of a commutation or street tax for the present fiscal year, all persons subject to said work or tax may be required to comply with such requirements for this fiscal year, but not for any year thereafter. Street tax or work. Section 76. Be it further enacted, that, for the purpose of permanent records, the City of Jesup shall furnish, set up and install an ad valorem tax digest, and execute docket, a license record book, record book for city deeds, minute book, city marshal's sales book and a complete system for keeping, in necessary and proper form, all of the city's financial records and all and every other record, book or books which the mayor and council from time to time may deem proper or necessary. It shall be the duty of the Clerk of the City of Jesup and the marshal of said city to keep their respective records and books complete and in a correct and neat manner at all times and to open them to the public for inspection, if requested, at all reasonable hours. Books and records. Section 77. Be it further enacted, that the mayor and council may install a system of tax maps and land value maps and may record separately each parcel of land and the value of any buildings or improvements thereon. The tax maps shall show the dimensions of each separately assessed parcel of land and the land value maps shall show the value per hundred foot front, according to a standard unit of depth, of all land abutting on any street, public way or place within said city; but as to acreage tracts, the land map shall show the value per acre. All transfers or changes in the ownership of land shall be indicated on said maps as and when such transfers are made, and the person making such transfers shall report same as they may be made, to the Clerk of the City of Jesup, whose duty it shall be to record same. Maps.

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Section 78. Be it further enacted, that said City of Jesup shall not enter into any contract, agreement or other obligation requiring the expenditure of money out of the appropriations made by the council nor shall any order for such expenditure be valid unless it is found that there is an unencumbered balance in the appropriation account, properly chargeable, sufficient to meet the obligations entailed by said contract, agreement or order. Obligations not to be incurred. Section 79. Be it further enacted, that bonds and notes issued in anticipation of the collection of special assessments and bonds, notes, or registered warrants on the treasury issued in the anticipation of the collection of taxes, may be authorized by the mayor and council, by ordinance, and shall not be deemed the creation of debt in the terms of bonded public indebtedness. Bonds, notes, or registered warrants on the treasury issued in anticipation of the taxes of any fiscal year shall specify that same are payable solely out of the revenue of the fiscal year in which issued and before the close of such year, shall not bear a higher rate of interest than 6% and the total amount of such bonds, notes, or warrants, authorized and issued in any fiscal year shall not, in the aggregate, amount to more than 10% of the total appropriations of said city for such year. Bonds anticipation. Section 80. Be it further enacted, that the mayor and council of said city shall have power and authority to contract debt on behalf of, and issue bonds of, said city as the valid obligations of said city under and in accordance with the laws and limitations provided in the Constitution and Laws of the State of Georgia providing for bonded indebtedness of municipalities, for the purpose of refunding valid and existing debts and bonded obligations of said city, establishing, extending, improving and maintaining a water supply system, a system of lights or electric power, a sewerage system, or other public service or utility system, for the erection and maintainance

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of school buildings, hospitals or other public buildings, for paving or otherwise improving public streets, alleys, places and parks of said city and for any other public improvement, convenience or necessity for the use of said city or the citizens and inhabitants thereof, or for any other lawful purpose or for the purpose of paying outstanding bonded indebtedness due and unpaid. Bond issues. Purposes. Section 81. Be it further enacted, that any public works or improvement project costing, in the aggregate, more than $500.00 shall be done and constructed under and by contract, except where a special or specific work or improvement is authorized by the mayor and council to be done by city force or through assistance from the Federal or State government. All such contracts, aggregating more than $500.00, shall be awarded to the lowest and best bidder after public advertisement, as may be prescribed by ordinance, but the mayor and council shall have the right to reject any and all bids and advertise for bids from time to time until a satisfactory bid has been received. No changes or alterations of any contract so awarded shall be valid unless such change or alteration shall have been agreed upon, in writing and signed by the contractor and the mayor, under authority of council, granted by proper resolution, prior to said changed contract becoming effective. No contract for any public works or improvement, costing more than $500.00, shall become valid until the contract therefor shall have been duly executed and the contractor shall have executed and delivered to the mayor and council good and sufficient surety bond conditioned for the faithful performance and completion of such contract and said bond shall have been approved by the mayor and council. Contracts for work. Section 82. Be it further enacted that said city, by and through its mayor and council, shall have full power and authority to acquire, construct, reconstruct, improve and extend revenue-producing projects and systems, to

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maintain and operate the same, to prescribe revise, fix and collect rates, fees, tolls, and charges for the services, facilities and commodities furnished thereby and, in anticipation of the collection of revenues therefrom, to issue negotiable certificates payable solely from such revenues, to finance the cost of construction and operation of same and to exercise all the powers and authorities and to do all the things and acts authorized by the Revenue Certificate Law of Georgia Acts of 1937 of this State. Revenue projects, etc. Section 83. Be it further enacted, that the City of Jesup shall have full power and authority to own, operate, control, regulate and maintain for the best interest of said city, any public utility which, in the discretion of the mayor and council, may be proper and justified; and said city shall have power and authority to grant, sell and convey franchises and renewals thereof, or franchises extensions within said city, when the mayor and council shall determine the necessity to demand same. Public utilities. Franchises. Section 84. Be it further enacted, that all public utility franchises, renewals, extensions and amendments thereof shall be granted or made by ordinance, but no such proposed ordinance shall be adopted until it has been prepared, introduced and adequate public hearings, after amply notice, shall have been held and after two weeks' publication has been given by publishing said ordinance in the official organ of said city in its final form. No public utility franchise granted by the City of Jesup shall be transferable except with the approval of the mayor and council, expressed by ordinance. Publication of ordinance. Section 85. Be it further enacted, that the mayor and council shall have full power and authority to make all rules and regulations for the management and operation of any city-owned water plant, water system, sewerage system, electric plant or electric system, gas plant, or gas system or any other public utility owned by said City of Jesup and to fix, from time to time the rates to be

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charged for any such services, with the right to classify any such rates. Said mayor and council shall have the right and power to enforce payment for any such service rendered customers or users, and shall have the right to require reasonable deposits, as well as the power and authority to discontinue service to any consumer or user until all accounts due by such consumer or user shall have been paid, together with any penalty for non-payment which may be prescribed by the mayor and council. Water, sewers, electric works. Section 86. Be it further enacted, that all accounts shall be kept for each public utility, owned or operated by said city, separate and distinct from other city accounts and in such a manner as to show the true and complete financial returns of each city-owned utility, including all assets, liabilities, revenues and expenses. These accounts shall show the actual cost of all extensions, additions and improvements; all expenses of maintenance; the amounts set aside for sinking fund purpose and for the payment of bonds and interest payable; and in 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, deterioration, insurance and interest on 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 permanent record and public inspection, a report showing the financial returns of such city ownership or ownership and operation, which report shall give the information specified in this section and such other information as the mayor and council shall deem expedient. Accounts. Section 87. Be it further enacted, that the mayor and council of said city are hereby vested with full power and authority to establish, equip, maintain, modify,

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extend and improve a system of sewerage and drains in said City of Jesup and to assess any or all of the costs of the building, construction, equipment and maintenance of such sewerage and drainage system as may be established, constructed and installed hereafter in said city, 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 drain may be placed or constructed. The mayor and council shall have full power and authority to adopt, by ordinance, such system of equalization of assessment against the abutting real estate, for the above purpose, as may be just and proper, estimating the total cost thereof to be assessed against the abutting real estate according to its frontage on the streets, alleys or ways or portions thereof, in, on, or under which sewer lines or drains may be placed or constructed. Sewers and drains. Assessments. Section 88. Be it further enacted, that the mayor and council shall have full power and authority, in their discretion, to grade, pave, macadamize and otherwise improve for travel and drainage, the streets, sidewalks, alleys, and public lanes of said city; to lay and construct curbing, cross and side drains, crossings, and intersections, and otherwise improve the same. The mayor and council shall have full power and authority to assess two-thirds (2/3) of the cost of paving and otherwise improving such streets, sidewalks, alleys, and public lanes, when so improved, together with the cost of side drains, cross drains, crossings, intersections and curbing, against the real estate abutting on said improvements, so that the real estate abutting on each side of the street, way, etc., so improved shall be assessed one-third (1/3) of the total cost thereof and the other one-third (1/3) shall be paid by the said city. Said mayor and council shall prescribe, by ordinance, the work to be done on any street, sidewalk, alley, etc., and the method of doing same and shall have charge of the public property, streets, improvements, street forces and the performance of all other work of said city.

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They 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 improvements made and prorating the cost thereof against the abutting real estate according to its frontage on the street or way improved. It shall be discretionary with the mayor and council as to whether or not such improvements shall be made. Street improvements. Assessments. Section 89. Be it further enacted, that the mayor and council of said city shall have full power and authority to establish, build, equip, maintain, modify, extend and improve a water system of said city, including a water pumping plant, system of water mains, connections, wells, cisterns, steam pipes, tanks and any and all other things necessary for the adequate supply of water to the inhabitants of said city, and they shall have full power and authority to acquire any property rights in any manner herein provided, within or without the city limits, necessary to furnishing a complete and efficient supply of pure water and for bringing and distributing it in said city; and said mayor and council shall have authority to operate such a water system for the sale and distribution of water to the public and to residents within and without said city. Water system. Section 90. Be it further enacted, that when an assessment has been made against property abutting on, or otherwise being subject to assessments for payment of improvements for sewers and drains constructed or laid in streets, alleys and lanes, for sidewalks and other ways, water works and water systems or any improvement herein provided for, the amount of such assessments on each parcel of real estate, after having been made as herein provided, 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. Said City of Jesup shall have authority to enforce the collection of the amount of any assessment so made for such work, either in the construction of sewerage

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and drainage system, streets, sidewalks, water system or other improvements, by fi. fas. issued by the Clerk of the City of Jesup upon authority of the mayor and council, against the real estate against which such assessment shall be made and against the owner thereof at the date of the ordinance making such assessment. Said fi. fas. shall be signed by the clerk of said city and bear test in the name of the mayor and council of said city and may be levied by the city marshal or his deputy upon such real estate; and, after advertisement and other proceedings, as in case of sales for city taxes, the same may be sold at public outcry to the highest bidder for cash and such sales shall vest the absolute title in the purchaser at such sale and the owner thereof shall have no equity of redemption after such sale. Said city marshal or his deputy shall execute such conveyance or conveyances as may be necessary and shall have the authority to eject the occupants of said property summarily, and place the purchaser thereof in possession, provided that the owner or claimant of said property shall have the right to file an affidavit of illegality which shall be returnable to the Superior Court of Wayne County, Georgia, and there be tried as other cases of illegality are tried. Lien of assessment. Executions. Levy and sale. Section 91. Be it further enacted, that the liens of assessments against abutting real estate for sewers, drains, the paving and improving of streets, alleys, lanes, sidewalks, water works, and water systems, and such other improvements as are herein provided for, and the fi. fas., issued thereon, shall have rank and priority of payment next in point of dignity to liens for city taxes and other liens which, by law, would have priority; and said City of Jesup, by and through its mayor and council, may transfer such fi. fas. in writing, by authorizing, by proper resolution, the mayor to sign such transfer and the clerk to attest same. The transferee or transferees shall have all of the rights under such fi. fas. as were had by said city. Priority of liens.

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Section 92. Be it further enacted, that the said City of Jesup shall have full power and authority to pave, repave or repair any sidewalk, street, alley, lane, or any portion thereof, and to assess the cost thereof against the abutting property and the owners thereof, after initiating such paving, repaving or repairing by proper resolution and providing for the levy and collection of assessments therefor, in as full a manner as in cases of original paving, grading and improving as provided in this Act, when in the judgement of the mayor and council such repairs are necessary. Grading and paving. Section 93. Be it further enacted, that said City of Jesup shall have the right and authority to grade, pave, macadamize, drain, and otherwise improve the streets, sidewalks, alleys and lanes of said city, and pay for same by the issuance of Baby Bonds as provided by the laws of this State, but such Baby Bonds shall not be issued for a longer term than ten years and shall not bear annual or other interest in excess of the legal rate of interest, provided by the laws of the State of Georgia, and shall not be an obligation of said city. Bonds for paving. Section 94. Be it further enacted, that the mayor and council shall equip and maintain an adequate fire department for the protection, against fire, of property in said city and shall select and appoint a chief of the fire department and any other officers and firemen as may seem to said mayor and council necessary, and as hereinbefore provided. The duties and qualifications of the chief of the fire department and such other firemen and officers, as are herein provided for, shall be prescribed by said mayor and council in an ordinance passed and adopted for that purpose. Said mayor and council shall have the power and authority to fix all regulations and rules for the general government and management of this department, including a fire limit in said city and specifications of the type or types of buildings that may be built therein.

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kinds of materials to be used in said buildings and all other regulations necessary and proper for the safety of said city and its citizens and inhabitants. Said mayor and council may vest the chief of the fire department and such other firemen, as may be selected and appointed, with the same power and authority that policemen in said city shall have. Fire department. Chief and officers. Regulations. Section 95. Be it further enacted, that the mayor and council of said city shall have power and authority to purchase, lease, own, acquire, operate and maintain public parks in said city and shall have power and authority to control, manage and direct the usage thereof, as in their discretion may seem proper. Parks. Section 96. Be it further enacted, that the mayor and council shall have power and authority to provide a cemetery or cemeteries for the burial of the dead, within or without said city, to regulate interment therein, to sell lots therein and collect therefor, to expend annually an amount sufficient for the proper keeping of such cemetery or cemeteries in a decent manner as they may deem necessary and proper. Cemeteries. Section 97. Be it further enacted, that said city may provide and maintain a public library and library building for public use and may prescribe such rules and regulations as may be necessary for its management and operation. Library. Section 98. Be it further enacted, that the City of Jesup, by and through its mayor and council, shall have full power and authority, as prescribed in the general laws of the State of Georgia, to exercise the power of eminent domain, to condemn property and land for streets, alleys, sidewalks, ditches, canals, drainage, schools, school grounds, public libraries, water works, and water systems, sewerage and sewerage systems, light plants, and electric systems, cemeteries, jails, and for any and all public uses, when needed, under the rules and methods as are now provided by the laws of this State. Condemnation of property.

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Section 99. Be it further enacted, that said mayor and council may appoint a city planning commission to be composed of five members. The mayor and the chairman of the finance committee shall be members of such commission. The other three members may be appointed from the citizenry of said city and in no event shall more than one member of the council, other than the chairman of the finance committee, be a member of such commission. Should the mayor and council establish such commission, same shall be done by proper ordinance and in the appointment of such commission the mayor and chairman of the finance committee, as herein provided, shall be members of such commission. Should another member of the council be appointed on such commission, such appointment shall be for a term of one year and the appointment of one member, not a member of the council, shall be for a term of two years. The appointment of another member, not a member of the council, shall be for a term of three years, from and after the first day of January following such appointments. Thereafter, the successors of all members who are not members of the council shall be appointed for a term of three years. Vacancies shall be filled by like appointments for the unexpired term. Any member of the commission, other than the mayor and the chairman of the finance committee, may be removed after a hearing, by a majority vote of the council. Planning commission. Section 100. Be it further enacted, that such commission shall form its own organization, adopt its own rules and procedures but may make no expenditures of money nor incur any obligations, except such as may be approved by the mayor and council. Rules, etc. Section 101. Be it further enacted, that the mayor and council of said city shall, by proper ordinance, prescribe the duties, powers and compensation for such commission. Duties and powers. Section 102. Be it further enacted, that the mayor and council shall, by ordinance, prescribe regulations governing

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the laying out and platting of all lands, subdivisions, etc., within the territorial limits of said city, so as to require all streets to be of proper width, grade and location and to be coterminous with adjoining or connecting streets and otherwise to conform to the city plan. The city engineer shall be the platting officer of said city. No plat of sub-divided lands within the corporate limits of said city shall be entitled to be recorded in the office of Clerk of the Superior Court of Wayne County, Georgia, without the written approval of the city platting officer and the city planning commission, should one be established and in existence; otherwise, by the mayor and council of said city. All lands without the city limits of said city belonging to, owned or controlled by said city, shall be subject to the provisions of this section. Plans and plats of subdivisions. Section 103. Be it further enacted, that the mayor and council shall, by ordinance, establish an official map or plan of the City of Jesup, showing the streets, highways, boulevards, parks, playgrounds, and other public places, laid out or to be laid out, adopted and established by said city and such map or plan shall be final and conclusive as to the location and width of streets, highways, boulevards, and the location and dimensions of parks, playgrounds and other places shown thereon. Such map or plan shall also show the lot numbers of all city lots and land embraced within the corporate limits of said city. Map. Section 104. Be it further enacted, that the Mayor and Council of the City of Jesup shall, not later than the first regular meeting in March in the year of 1938, pass and adopt a building code for said City of Jesup. Building code. Section 105. Be it further enacted, that the mayor and council of said city shall have full power and authority to enact and enforce all ordinances necessary and precautionary for the protection of the public health of said city and shall, by ordinance, make such rules and regulations necessary and precautionary for the prevention

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of any contagious or infectious disease or the spreading or communicating thereof; to establish, maintain and enforce quarantine regulations in regard thereto; to punish for any violation of any of said rules or regulations; have power and authority to build, establish, maintain and exercise police powers over, a pest house or pest houses, within or without the limits of said city; and for this purpose are empowered and authorized to buy, hold, rent, receive as gift or to condemn real estate for erecting such buildings within or beyond the limits of said city; have power to compel the removal to such pest house any person or persons who may have any contagious, infectious or communicable disease when, in their judgment, it shall be expedient or necessary for the general welfare and health of the inhabitants of said city. Said mayor and council shall have full power and authority to compel all persons within the territorial limits of said city, whether residents or sojourners, to be vaccinated or inoculated when, in their opinion, such may be necessary to prevent the spread of contagious, infectious or communicable diseases and may provide vaccines and serums and employ physicians, at the expense of the city, to vaccinate and inoculate all persons who are financially unable to procure vaccination or inoculation and may, by ordinance, provide punishment for persons failing or refusing to be vaccinated or inoculated or otherwise treated, as prescribed by the mayor and council. Said mayor and council shall have power and authority to establish, put into operation and maintain, a board of health, to function in as full manner as is usual for boards of health to function, and to pass ordinances, rules and regulations pertinent thereto and prescribe penalties for violation of same. The said mayor and council shall have power to work cooperatively or separately with the Wayne County Board of Health should there be one, or any Wayne County health authorities and shall have all of the authority vested in the city for the protection of the public

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health as is authorized by law, for counties, municipalities and the State, under the laws and Constitution of the State of Georgia. Health and sanitation. Section 106. Be it further enacted, that the mayor and council shall have full power and authority to provide for the hospitalization of ill or indigent citizens of said city, who are financially unable to provide hospitalization for themselves, and shall have authority to pay for same out of the funds belonging to said city and may, by proper ordinance, provide rules under which such hospitalization may be furnished by said city. Hospitalization of indigents. Section 107. Be it further enacted, that the mayor and council shall have full power and authority to keep the City of Jesup in a decent, presentable and sanitary condition, to require all owners of property within said city to keep same free of standing water, grass, weeds, trash, rubbish, garbage and other refuse and shall, by ordinance, provide rules and regulations, putting into force the provisions herein, and prescribing penalties for violation of such ordinance. Said mayor and council shall have full power and authority to provide, by ordinance, that where premises are not kept in a sanitary condition, the said city may place them in a sanitary condition and charge the expense thereof to the owner; and may issue fi. fas. against the owner and the premises for such expenses, together with the cost of fi. fas., which fi. fas. shall be a lien against such property and may be enforced by levy and sale as herein provided for enforcement of tax fi. fas. Sanitary regulations. Section 108. Be it further enacted, that the mayor and council of said city shall have full power and authority to require the owner or owners of any land within the city limits to drain the same or to fill same to the level of the streets or alleys on which such land fronts; also, to require the owner or owners of cellars, wells, ditches, or other waterholding depressions to be kept free of water or filled up with soil or other material, where same

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causes an unsanitary condition to exist. Said mayor and council shall have the authority to compel the property owner to make proper connections of drain pipe to storm sewers and gutters or other drainage mains or water ways and to pass such ordinances regulating the same as they may deem necessary. When the owner of such property shall fail or refuse, after written notice to such owners, 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 twenty days, the mayor and council shall have authority to cause the necessary work to be done at the owner's expense, and for the amount so expended, the said City of Jesup, by and through its clerk, shall issue a fi. fa. against such owner and such property, which fi. fa. may be enforced by levy and sale in the manner provided for levy and sale under tax fi. fas. In addition thereto, such owner shall be subject to such punishment as may be provided by proper ordinance for maintaining a nuisance. Regulations of lands. Section 109. Be it further enacted, that the Mayor and Council of the City of Jesup shall have full power and authority to control pipes, sewers, private drains or other waste disposal facilities in said city and full power and authority to prescribe their location and use and to make such regulations concerning them in all particulars as may be deemed proper by said mayor and council for the preservation of the health of the inhabitants of said city. Said mayor and council shall have the power and authority to prescribe the kind of water closets, urinals, toilets or other receptacles or drains for water or other fluids or substances that may be used within the corporate limits of said city and shall have full power and authority to condemn and destroy any water closet, privy, urinal, toilet or other receptacles or drains now in use, or hereinafter to be constructed and put in use, which shall not conform to the ordinances and rules of said city, governing same. Said mayor and council shall have full power and

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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 said property owner, with the sanitary sewers of said city and sanitary cess pools, under such rules, regulations and specifications as may be prescribed by proper ordinance; and if such property owner shall fail or refuse to comply with the provisions of such ordinance, within the time and in the manner prescribed, the said mayor and council may cause the necessary connections to be made and the work done, to comply with the provisions of such ordinance, and provide all the necessary materials therefor and assess the cost of same against the said property owner and the said property so improved, which said assessment shall be a lien upon such real estate, superior to all other liens except State, county, school and municipal taxes, and shall issue fi. fas. based upon such assessments which fi. fas. may be enforced by levy and sale in the same manner as provided for sales under tax fi. fas. Said mayor and council shall have full power and authority to pass such ordinances, as may seem to them proper, providing that any person who fails or refuses to comply with any ordinance authorized by this section shall be guilty of a violation of such ordinance and subject to punishment as provided therein, and which authority shall be in addition to the authority hereinbefore granted said mayor and council to compel compliance with the provisions of such ordinances as may be passed under authority granted in this section. Said mayor and council, or any officer or agent authorized by them, shall have the right, power and authority to enter and go upon any premises within the corporate limits of said City of Jesup, for the purpose of inspection of said premises and the improvements and fixtures thereon, to ascertain whether or not same shall be in a sanitary condition; no person so authorized shall be a trespasser upon such premises. Sewers, drains, etc. Sanitary regulations. Assessments. Ordinances. Inspections.

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Section 110. Be it further enacted, that the mayor and council shall have full power and authority to enact and enforce all necessary ordinances, rules and regulations respecting public buildings and grounds, work houses, public houses, vehicles and conveyances of all kinds, pumps, wells, springs, fire engines, care of the poor, hotels, restaurants, cafes, public eating places, meat markets, fish markets, and all other food markets, and shall have full and complete authority to provide rules and regulations for the operation of such places of business, have full and complete authority to regulate the sale and distribution of all dairy products in said city, to pass such ordinances as are necessary to enforce the provisions of this section and to provide penalties for the violation of such ordinances. Said mayor and council shall, by proper ordinance, require all persons preparing, handling, selling or dispensing food, meat or dairy products in any store, market, hotel, restaurant, cafe, boarding house or public eating place within the City of Jesup to have a certificate of health, issued by some reputable practicing physician in said City of Jesup, which certificate shall show that such person is not infected with any contagious or communicable disease. This certificate shall not be good for more than six months. Penalties and punishment shall be provided for violations of the term of such ordinance. Regulations for health, etc. Certificates. Penalties. Section 111. Be it further enacted, that said mayor and council of said city may, by ordinance, declare what shall constitute a nuisance in said city and provide for the abatement of same. Nuisances. Section 112. Be it further enacted, that the mayor and council of said city shall have full power and authority to provide inspection for, and regulation of, steam boilers, storage of gun powder, tar, resin, coal, benzine, gasoline, naphtha, nitroglycerine, turpentine, cotton, petroleum, kerosene, oil, dynamite or other combustible or explosive

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substances or materials within the limits of said city and to regulate the use of lights in garages, stables, shops and other places, building of bon fires, to regulate or prevent the sale of fireworks, of all kinds, in said city, to prevent the firing of guns, pistols, anvils and fireworks of any kind, and to prevent hunting within the corporate limits of said city. Fire-prevention regulations. Section 113. Be it further enacted, that the mayor and council of said city shall have power to adopt and enforce ordinances providing for and protecting trees, shrubbery and other kinds of vegetation planted or growing in public places and to adopt and enforce ordinances for the protection of shade trees, shrubbery, etc., on the streets, school grounds or other public places in said city, and to prevent the cutting, injuring or mutilation thereof. Trees and shrubbery. Section 114. Be it further enacted, that there is established a court in said City of Jesup designated as Police Court, City of Jesup, which court shall have jurisdiction and authority to try all cases of violation of municipal ordinances of the City of Jesup and all offenses against the laws and ordinances of the municipal government of said city and to punish for the violation of same. Said court shall have power to enforce its judgments by the imposition of such penalties as may be provided by ordinance of said city; to punish witnesses for non-attendance and to punish, for contempt, any person who may compel, advise, aid, encourage or persuade another who has been subpoenaed to testify as a witness in said court in any proceedings before said court, to remain away from attendance in said court as such witness, to go or move beyond the reach of said court or who may aid or abet in any way the defeat of justice in said court. Said court shall be held and presided over by the Mayor of the City of Jesup, or, in his absence from the city, disqualification or disability, by the mayor pro tem; or, in the absence from the city, disqualification or disability of both the

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mayor and the mayor pro tem, by a member of the city council designated by the mayor; either of whom shall have the same authority as the mayor himself if he were presiding. Should the mayor and council establish and create the office of recorder and appoint a recorder of the police court, as hereinbefore provided in this Act, then and in that event such recorder shall preside in said court and be clothed and vested with all authority herein provided for the mayor or the mayor pro tem presiding therein, and in case of the absence from the city, disqualification or disability of such recorder, the mayor, mayor pro tem or a member of council may preside in said court, as hereinbefore provided. Police court. Powers. Presiding officer. Section 115. Be it further enacted, that the said police court shall have jurisdiction to try any person charged with violation of any penal ordinance of said city, and upon conviction for violation of any penal ordinance of the City of Jesup, to impose such penalties for violations thereof as may be provided in such ordinance, not to exceed a fine of $300.00 or imprisonment in the city jail, Wayne County jail or to labor on the public works, chain gang or streets of the City of Jesup for not longer than one hundred twenty days, either or both, and the mayor, mayor pro tem, recorder or other officer herein authorized to sit and preside in such court, shall have power and authority to impose such punishment. Any fine so imposed by said court may be collected by execution issued by the Clerk of the City of Jesup against the estate, both real and personal, of the person so fined, and levy and sale had, thereunder, in the manner prescribed herein for levy and sale under fi. fas. issued by said city. Punishments limited. Section 116. Be it further enacted, that the mayor of said city in his absence from the city, disqualification, or disability, the mayor pro tem or the recorder of the police court, if there shall be one, may preside as a committing magistrate and shall have authority to issue

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warrants for the arrest of persons charged with offenses committed within the corporate limits of said city, and shall have authority to issue search warrants, under the provisions of this Act and of the General Laws of Georgia, authorizing searches of premises, within the limits of said city and the seizures of articles described in such search warrants. Said warrants or search warrants may be executed by the chief of police or any police officer of said city, the sheriff of Wayne County or his lawful deputy, any constable residing within said city or any other officer to whom same may be directed; and such officers are fully authorized to arrest, search and seize as may be directed in such warrants, and to take such persons as may be arrested under such warrants before a court of competent jurisdiction within said city to be disposed of as the court may direct. Arrests. Warrants. Section 117. Be it further enacted, that if, upon trial or hearing of any case in and before said police court, it shall appear that any person upon trial before such court has violated any of the laws of the State of Georgia, it shall be the duty of the officer presiding in said court to hold said person for trial by whatever court has jurisdiction of such cases and to commit such person to jail or admit such person to bail, in bailable cases, as may be in accordance with law. Committals. Bail. Section 118. Be it further enacted, that the right of certiorari from the decision and judgment of the presiding officer of the Police Court of the State of Georgia shall exist in all criminal cases; and certiorari may be obtained under the laws of the State of Georgia providing for certiorari from the courts of municipalities; provided that the presiding officer of said court who presides at the trial of any case wherein a violation of any ordinance of the City of Jesup is charged, shall be the officer who shall assess the certiorari bond and approve or disapprove same, if one be tendered. Certiorari.

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Section 119. Be it further enacted, that 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, but that no accusation nor indictment shall be necessary. Rules of court. Section 120. Be it further enacted, that the city marshal, deputy city marshal, chief of police and all other policemen and officials of said city, clothed with arresting authority, either by this Act or by ordinance provided for herein, shall have power and authority to arrest, with or without warrant, any person in said city charged with the violation of any municipal ordinance, law or regulation of said city, and shall have power and authority to arrest, under the provisions of the laws of the State of Georgia, any person charged with the violation of any law of the State of Georgia, any other state or of the United States. Arrests. Section 121. Be it further enacted, that when any person charged with the violation of any ordinance, law or regulation of said City of Jesup shall post 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 officer presiding in said court at said time. If such bond be a cash bond, the presiding officer of said court shall, and is hereby granted full authority to forfeit same, instanter, and such forfeiture shall be final, the officer taking such cash bond shall, at the time of taking same, give to the person furnishing same a copy of the charges, which shall be in the form of a summons; such summons shall show the time and place, the trial on such charge will be held, a copy of such summons shall be kept by such officer. If a personal or surety bond shall be given, same may be forfeited in the same manner as bonds are forfeited in the Superior Courts of this State except that the rule nisi shall specify the date for the hearing on the question of a rule absolute which, date

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shall be any time fixed by the presiding officer of said court, not less than five days from the date of the issuance of the rule nisi. Bond forfeiture. Section 122. Be it further enacted, that the police court of said city shall have no terms, and shall be held at such time as the presiding officer thereof may designate, unless the mayor and council shall, by appropriate ordinance, fix times for holding said court. Court time. Section 123. Be it further enacted, that the chief of police, any police officer, marshal, deputy marshal, or other city officer vested with arresting power shall have full power and authority to summon any citizen or citizens of said city to aid and assist in the arrest of any person or persons charged with a violation of any ordinance, law or regulation of said city or of this State when, in the discretion of such officer, same shall be necessary; and any person who shall fail or refuse to answer such summons and aid and assist in such arrest, may be punished as prescribed by ordinance. Aid in arrests. Section 124. Be it further enacted, that the mayor and council of said city shall have full power and authority to create and establish a city chain-gang, stockade or other means for the purpose of confining and working persons convicted in the police court of said city and shall have authority to imprison persons convicted of such violation, as may be provided by ordinances. Prison. Section 125. Be it further enacted, that the mayor and council of said city shall cause to be codified all ordinances of said City of Jesup, together with this Act, into one book to be known as The Code of the City of Jesup, which book shall be constructed in a similar manner to the deed record books now being used by the clerk of the of the Superior Court of Wayne County, Georgia, for recording deeds. Said mayor and council shall, not later than the first regular meeting of the mayor and council

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to be held in March 1937, pass and adopt such code, as the code of the City of Jesup; and said code shall be admitted in evidence in any of the courts of this State upon the certificate of the Clerk of said City of Jesup, certifying the same to be the code of ordinances and laws of said city. Said mayor and council may include the building code, hereinbefore provided for, in said code, if they so desire, or may adopt such building code in a separate binder, should they so desire. Code of ordinances. Section 126. Be it further enacted, that the mayor and council of said city shall have full power and authority to provide, by proper ordinance, for the moving, tearing down or demolishing of any building, post, steps, fences or other obstructions or nuisances in the public streets, lanes, alleys, sidewalks or public places of said city, and to provide for the condemnation and removal, destruction or demolition of any building or edifice located in said city when, in the opinion of said mayor and council, same shall become and be hazardous or dangerous to the public, unsanitary, unsightly or detrimental to the health of the public, provided that said mayor and council may, under such ordinance, direct the owner or owners thereof to correct any condition of such building as would remove the objectionable features, but upon the failure or refusal of the owner to make such correction, the mayor and council may tear down, demolish or remove same or make such correction of condition as they deem necessary, and assess the cost of tearing down, demolishing, removing same or correcting such condition, against said property and the owner thereof and issue and foreclose fi. fas. on such assessments, as hereinbefore provided for the issuance and foreclosure fi. fas. for street paving and improvements. Demolishment of nuisances, etc. Section 127. Be it further enacted, that the mayor and council shall have full power and authority to regulate the running and operation of all railroad trains and bus

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lines within the said city, as well as all terminals thereof and to prescribe the manner in which same may be run and operated and the rates of speed permitted same, so far as same shall not be in conflict with the general laws of this State. Railroad trains. Section 128. Be it further enacted, that the mayor and council of said city shall have full power and authority to remove from office the mayor or any councilman who, while holding such office, shall be guilty of malpractice, malfeasance, misfeasance or any wilful neglect of the duties of his office or abuse of the powers conferred upon him, or of any other conduct unbecoming to a person holding such office. Before such removal, however, such person so charged shall be furnished with a copy of the charges preferred, which said copy shall be served by the city marshal, his deputy, the chief of police, or any policeman of said city, and which copy shall set the time and place of hearing on such charges. The members of council, if the mayor is so charged, and the mayor and remaining members of council, if any member of council is so charged, shall constitute the court in which such trial shall be heard. The person so charged shall have the right of counsel, if he so desires, which shall be procured by him, and may submit any defense which he may have. A unanimous vote for removal, of all members of said court, shall be necessary in order to remove from office the mayor or any councilman, under the provisions of this section. The hearings in all such cases shall be public. A vacancy caused by the removal of either of said officials, as herein provided, shall be filled as hereinbefore provided for filling vacancies. Removal from office. Trial. Section 129. Be it further enacted that neither the mayor nor any members of council nor any officer or employee of said city shall have any financial interest, directly or indirectly, in any contract with said city or be financially interested, directly or indirectly, in the

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sale to said city of any land, materials, supplies or equipment; provided, however, any such official, officer or employee of said city may have the right to submit a bid on any contract, either of construction or sale, wherein competitive bids are asked for; and if such official, officer or employee or any persons, firm or corporation in which such official, officer or employee may have a financial interest, is the lowest and best bidder, then the mayor and council may accept such bid. Any wilful violation of the provisions of this section shall constitute malfeasance in office and any officials, officer or employee of said city found guilty thereof, as hereinbefore provided, shall forfeit his office or position and such contract may be voided by the mayor and council of said city. Financial interest forbidden. Malfeasance in office. Section 130. Be it further enacted, that the City of Jesup, acting by and through its constituted authority, shall have the right to bid on and purchase any property offered for sale under fi. fas. issued by said city for the collection of taxes, assessments, fees, licenses, fines or forfeitures or other fi. fas. issued by said city; and in the event said city is the successful bidder, full and ample conveyances thereupon shall be executed in the manner provided by law to vest said city with full and complete title to such property. The city marshal is hereby empowered and authorized to proceed as the law directs to dispossess the occupants of such property and place said city in possession thereof. Bids at sales. Section 131. Be it further enacted, that all existing ordinances, resolutions, contracts and laws now existing and enacted by the authority of the Mayor and Council of the City of Jesup, or which may be enacted by the authority of the same prior to the adoption, enactment and approval of this Act, shall remain in full force and effect until the adoption, by the mayor and council of said city, of the codes of said city, as hereinbefore provided for; and at which time all of the laws and ordinances

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passed by authority of the mayor and council of said city and now in existence or which may be passed by authority of same prior to the adoption of the codes hereinbefore provided for, shall then and there be repealed. Ordinances of force. Section 132. Be it further enacted, that the mayor and council of the City of Jesup shall have full power and authority to enact, pass and adopt laws and ordinances of any kind or nature, whether same be herein specially mentioned or not, for the prevention and prohibition of any act or conduct on the part of any person within the limits of said city which would be likely to destroy or impair the peace, happiness, tranquillity and rights of any citizen or citizens, visitor or sojourner within the limits of said city, or likely to invade, impair, injure or interfere with the rights of said city to function as herein provided, or that may be necessary for the security, of the peace, health, order and good government of said city, not in conflict with the general laws of this State; and provide and enforce penalties for violation of same, within the limits provided in this Act. Protection of peace, etc. Section 133. Be it further enacted, that if any portion of this Act shall be declared invalid or unconstitutional, none of the remaining provisions or portions shall be affected thereby. Invalid parts. Section 134. Be it further enacted, that all acts and parts of acts, laws and parts of laws granting corporate authority to the City of Jesup, in Wayne County, Georgia, and all acts amendatory thereto heretofore enacted be, and the same are, hereby repealed; and that all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Repeals. Approved December 16, 1937.

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LAWRENCEVILLE ZONING AND PLANNING. No. 145. An Act to authorize the City of Lawrenceville to enact zoning ordinances 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. By virtue of authority conferred upon the General Assembly by article 3, section 7 of the Constitution of Georgia as amended in 1937, the City of Lawrenceville and the governing authorities of said city are hereby authorized and empowered to enact zoning and planning laws whereby the said city may be zoned or districted for various uses and purposes, 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 plans for development and improvement of real estate therein. Districts, plans, zones. Section 2. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved January 13, 1938. MANCHESTER CHARTER AMENDMENTS. No. 209. An Act to amend the charter of the City of Manchester, approved August 16, 1909, and all Acts amendatory thereto; to increase the number of Commissioners of said city; to designate the Commissioners created by this Act; to provide their terms of office; to fix the salaries of the Commissioners of the City of Manchester; to repeal conflicting sections; to fix the terms of office of the Commissioners of said City of Manchester; and for other purposes.

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Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that an Act of the General Assembly, approved August 16, 1909, an Act approved July 28, 1911, an Act approved August 8, 1914, an Act approved August 9, 1917, an Act approved August 10, 1021, an Act approved August 20, 1923, and all Acts amendatory thereto, incorporating the City of Manchester in the Counties of Meriwether and Talbot, Georgia, be and the same are hereby amended in the following particulars. Acts amended. Section 2. Be it enacted by the authority aforesaid that section three (3) of the Act approved August 20, 1923 (Georgia Laws 1923, page 739), be and the same is hereby amended by striking the word three from the first sentence of said section and inserting the word seven so that, as amended, said sentence will read as follows: Be it further enacted by the authority aforesaid, that in lieu of a Mayor and Council for the City of Manchester, Georgia, there is hereby created and established a commission of seven citizens, who shall be known as the Board of Commissioners for the City of Manchester. Board of commissioners. Section 3. Be it further enacted by the authority aforesaid, that section six (6) of said Act approved August 20, 1923, (Georgia Laws 1923, page 789) be and the same is hereby repealed. Repeal. Section 4. Be it further enacted by the authority aforesaid, that the commissioners now elected and holding office shall hold office until the expiration of the term to which they have been elected. Tenure of offices. Section 5. Be it further enacted by the authority aforesaid that the four additional commissioners created by this Act shall hold office as hereinafter prescribed. Be it further enacted tht the commissioners elected to succeed the commissioners created by this Act, shall

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hold office for a term of three years. Be it further enacted by the authority aforesaid that the commissioners elected to succeed those now elected and in office shall likewise hold office for a term of three years, or until their successors are elected and qualified as provided by law. Terms of offices. Section 6. Be it further enacted by the authority aforesaid that section seven (7) of the Act approved August 20, 1923, (Georgia Laws 1923, page 739) be and the same is hereby repealed, and the following inserted in lieu thereof: Be it further enacted that the commissioners at their first meeting after taking the oath of office shall elect one of their members who shall be known as chairman of the commission, whose only additional duty or power shall be that of presiding officer at the meeting of the commissioners; each of said commissioners shall receive a salary of $5.00 per month, except the chairman, who shall receive a salary of $10.00 per month. Chairman. Pay of commissioners. Section 7. Be it further enacted by the authority aforesaid that in addition to the commissioners now elected and qualified, the following shall be the commissioners created by this Act and shall serve for the term designated after their name, viz., Edward L. Neely, who shall serve until the 2nd Wednesday of January, 1939; A.J. Routon, who shall serve until the 2nd Wednesday in January, 1940; A. H. NeSmith and Mrs. Eugene Brown, who shall serve until the 2nd Wednesday in January, 1941, or until their successors are elected and qualified as provided by law. Commissioners named. Section 8. Be it further enacted by the authority aforesaid that sections nine (9) and eighteen (18) of the Act approved August 20,1923 (Georgia Laws 1923, page 739) be and the same are hereby repealed. Repeals.

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Section 9. Be it further enacted by the authority aforesaid that section eleven (11) of the Act approved August 20,1923, (Georgia Laws 1923, page 739) be and the same is hereby amended by striking the last two sentences of said section and inserting in lieu thereof the following: Four members shall constitute a quorum for the transaction of businessso that as amended said section will read as follows: Be it further enacted, that whenever any legislation shall be proposed, it shall be reduced to writing and shall be acted upon by said commission which shall have authority to approve or disapprove, or to amend the same. Four (4) members shall constitute a quorum for the transaction of business. Legislation. Quorum. Section 10. Be it further enacted by the authority aforesaid, that if any portion or section of this Act be declared unconstitutional it shall not affect the remaining sections of this Act and the same shall remain in full force and effect. Invalid parts. Section 11. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict herewith, be and the same are hereby repealed, and this Act shall become effective immediately upon its passage and approval by the Governor, any provisions of any law calling for a referendum to the contrary notwithstanding. Effective date. Approved January 15, 1938. MANSFIELD ELECTION CANDIDATES. No. 286. An Act to amend an Act entitled an Act to establish a new charter for the Town of Mansfield, etc. by providing that all candidates for elective town office

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shall announce and qualify not later than December 1, 4:00 P.M.: and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Act of the General Assembly entitled an Act to establish a new charter for the Town of Mansfield, etc. appearing on pages 838-846 of Georgia Laws of 1906, and approved August 21, 1906, and all Acts amendatory thereto be, and the same are hereby amended by providing as follows: Act of 1906 amended. Every candidate for elective town office must file written announcement of his candidacy with the town clerk not later than 4:00 P.M. on December 1st before the election, to be held on the second Monday in December of each calendar year. Announcement of candidacy. Section 2. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved February 2, 1938 McDONOUGH ELECTION CANDIDATES. No. 92. An Act to amend an Act approved July 21, 1931, amending the charter of the City of McDonough, in the County of Henry; to prescribe the time for announcement and payment of entrance fees by candidates for office in said city, and the time for publication of the names of such candidates, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same that an Act approved July 21, 1931, entitled An Act to amend an Act approved September 18, 1883, and the Acts amendatory thereof, incorporating the Town of McDonough, now the City of McDonough,

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so as to provide for registration of voters for all elections held in said City of McDonough; to prescribe rules and regulations in regard to said registration; to prescribe necessary qualifications for candidates for office in city elections; to prescribe for assessment or entrance fees of such candidates; and for other purposes, be and the same is hereby amended as follows: Act of 1931 amended. (a) By striking from section 5 of said Act, in the fifth line of said section, between the word shall, and the words 10 days the words within a period of; and by inserting in lieu thereof the words at least; so that said section when so amended shall read as follows: Section 5. Be it further enacted by the authority aforesaid, that all persons or candidates seeking to hold the office of mayor, or office of councilmen or aldermen, or any other city office to which they are elected by the voters of said city, shall, at least 10 days prior to the date fixed for said election, submit his or her name to the clerk of said city, together with payment to said clerk the sum of $5.00 as an assessment fee for candidates for the office of mayor, and sum of $1.00 as an assessment fee for candidates for aldermen or councilmen. The amount of assessment fee for any other office not herein named shall be determined and fixed by said mayor and council; and whereupon it shall be the duty of said clerk to make record, in a book to be kept by him for that particular purpose, of the name of such candidate, of the date of his or her announcing to the clerk, and of the payment of his or her said assessment. Which record or information shall be open at all times for the benefit of any citizen of said city. Candidates for elections. Fees assessed. Record. (b) By striking from section 6 of said Act, in the third line thereof, between the words expiration of the and the word allowed the words 10-day period; and by inserting in lieu thereof the word time; so that said section when so amended shall read as follows:

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Section 6. Be it further enacted by the authority aforesaid, that it shall be the duty of said clerk, immediately upon the expiration of the time allowed candidates to make their announcements and qualify as provided in section 5 hereof, to furnish the local newspapers, and have published therein, a list of the names of all such candidates; and it shall likewise be the duty of said clerk to furnish to the managers conducting the election for such offices a similar list of said names. Publication. 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 December 29, 1937. McDONOUGH TERRITORIAL LIMITS. No. 87. An Act to amend an Act approved October 12, 1885, and Acts amendatory thereof, amending the charter of the Town of McDonough, now the City of McDonough, in the County of Henry; to extend the corporate limits of said City of McDonough; and for other purposes. Section 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 October 12, 1885, entitled An Act to amend the charter of the Town of McDonough, in the County of Henry; to reduce the corporate limits of said town, and for other purposes, and all Acts amendatory thereof, be and the same are hereby amended, by adding at the end of section 1 thereof the following: Said corporate limits shall also include the school lot, beginning at the point where the corporate limits intersect Covington Street, extending thence east along said Covington Street six hundred seventy feet, thence north four hundred ninety-five feet, thence west seven hundred fifty feet to the aforesaid

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corporate limits. So that said section when so amended shall read as follows: That the corporate limits of the City of McDonough, in the County of Henry, shall extend one-half mile in every direction, from the center of the public square, except where the corporate limits of said city intersects Cemetery Street on the south side, that from said point said limits shall extend south along said Cemetery Street to the northwest corner of the East White Cemetery, thence east ninety-six and one-half feet, thence south three hundred and fifty-eight feet, thence west ninety-six and one-half feet to Cemetery Street, thence south along said street to the southeast corner of the Old White Cemetery, thence west to the northwest corner of the colored cemetery, thence south four hundred and sixty-two feet, thence west to the western boundary of the right of way of the Southern Railway Company, thence northerly along said western boundary line to where said line of right of way intersects the corporate limits of said city. Said corporate limits shall also include the school lot, beginning at the point where the corporate limits intersect Covington Street, extending thence east along said Covington Street six hundred seventy feet, thence north four hundred ninety-five feet, thence west seven hundred fifty feet to the aforesaid corporate limits. Territory included. 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 December 29, 1937. MEIGS REGISTRATION OF VOTERS. No. 170. An Act to amend an Act, approved August 24, 1905, creating a new charter for the Town of Meigs, Georgia; to provide for the registration of voters; the keeping

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of a permanent registration book and appointment of a board of registrars for the Town of Meigs, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of same that from and after the passage of this Act, the above described Act, approved August 24, 1905, appearing on pages 999 to 1010, inclusive, of the published Acts of Georgia, 1905, creating a new charter for the Town of Meigs, is hereby amended as follows: Act of 1905 amended. Section 2. That it shall be the duty of the Treasurer of the Town of Meigs immediately after the passage of this Act to open a book to be known as the permanent registration book of the voters of said Town of Meigs, and all voters of said town desiring to vote in any and all elections and primaries held in said Town of Meigs, shall sign their names in said book upon taking the following oath, which the Treasurer of said Town of Meigs is hereby authorized to administer, to wit: Registration of voters. You do solemnly swear that you have attained the age of twenty-one (21) years; that you are a citizen of the United States; that you have resided within the corporate limits of the Town of Meigs for the past three (3) months, and have paid all taxes legally required of you, including street tax and any license tax, and have considered Town of Meigs your home for said length of time; that you are a qualified and registered voter for members of the General Assembly of the State of Georgia; that you have never been convicted of a felony or larceny; so help you God. Voter's oath. And the voters so registered shall be qualified to vote in all municipal elections held in said Town of Meigs, provided said voter is a resident of the County of Thomas or the County of Mitchell, State of Georgia, within the corporate limits of said Town of Meigs in either county mentioned (the corporate limits of said Town of Meigs

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extending into both counties) and has otherwise complied with all requirements for registration as setforth in the foregoing oath, and no one will be entitled to vote who is not so qualified and registered, according to the strict requirements of this Act. Qualification to vote. Section 3. The Treasurer of said Town of Meigs shall keep said permanent registration book open daily (Sundays and legal holidays excepted) during such reasonable hours that may be prescribed by the Mayor and Aldermen of said Town of Meigs, to register therein, and no person registering in said permanent registration book shall be required to again register as a qualified voter of said Town of Meigs, so long as he or she remains a resident of said Town of Meigs (but if he or she shall move outside the incorporated boundaries of said Town of Meigs and reside outside of same for a period of ten (10) days or more such person shall be considered to have relinquished his or her claim to citizenship of said Town of Meigs and thereby forfeited his or her right to vote in all primaries and elections held in and for said Town of Meigs, but if such person shall move outside the incorporated boundaries of said Town of Meigs with the intention of residing elsewhere, and voting elsewhere, and does not intend to again reside in said Town of Meigs within ten (10) days from the day he or she moves out of said town of Meigs the privilege of voting in primaries and elections in said Town of Meigs shall cease on the day such person moves outside the incorporated limits or boundaries of said Town of Meigs), and does not disqualify himself or herself by the non-payment of taxes, or otherwise. It being the purpose of this Act to provide a permanent system of registration of the voters of said Town of Meigs for all municipal primaries and/or elections. Permanent registration book. Removal of residence. Section 4. When a general, special or primary election is to be held in said Town of Meigs, it shall be the duty of the Town Treasurer to close the registration book five

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(5) days before said election or primary and turn the same over to the mayor, who shall, with the advice and consent of the aldermen of said Town of Meigs (a majority consenting being sufficient), appoint a board of three (3) registrars from the board of aldermen or from other qualified, registered voters of the Town of Meigs, whose duty it shall be to make from said permanent registration book a list of the qualified voters for said election, and in making said list, the registrars shall exclude the names of all persons appearing in the permanent registration book who registered less than five (5) days prior to said election, as well as those who have died, removed without the corporate limits of said Town of Meigs, or have failed to pay all taxes and licenses required of them by the authorities of the Town of Meigs, or have disqualified themselves in any other amnner as legal voters. The list of voters so made up by the board of registrars shall be certified to by them as a true and correct list of those qualified and entitled to vote in said election, and said list shall be furnished to the managers of election, and no person who name does not appear on said list shall be allowed to vote in said election, unless he or she produces to the managers of such election a certificate signed by the registrars stating that his or her name was omitted from the certified registration list through oversight, mistake or error, as the case may be. It shall be the duty of said board of registrars to diligently and thoroughly examine the permanent registration book for the purpose of ascertaining if any persons have registered illegally and to this end may summon all persons before said board of registrars whose right to register they entertain any doubt, either from examination of the tax books of the Town on Meigs, registration lists of Thomas or Mitchell Counties, criminal court records or dockets of any State or county or of the United States Courts, or from any other source which may show why their name or names shall be stricken from the

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registration book and list, said summons to be executed by and under the name of the board of registrars, and signed by one of them, and shall be served by any duly qualified policeman of said Town of Meigs. Should said examination show to the satisfaction of said board of registrars that the person summoned is not entitled to register and vote under existing laws, his or her name shall be stricken from said registration book and list; and should he or she fail to appear before said board of registrars in obedience to said summons, said board of registrars shall proceed as though such person were present. Closing of book. Exclusion of names. List of voters. Duty of registrars. Examinations. Names stricken. 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 January 17, 1938. MILLEDGEVILLE CHARTER AMENDMENTS. No. 110. An Act to amend an Act establishing a new charter for the City of Milledgeville, approved December 15, 1900, 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 granting to the City of Milledgeville a charter, approved on December 15, 1900, and the several Acts amendatory thereof, be and the same are hereby amended as follows: Act of 1900 amended. Section 1. The Mayor and Aldermen of the City of Milledgeville are hereby authorized to pass zoning and planning laws whereby the said city may be zoned or districted for various uses and other or different uses prohibited therein, and to regulate the use for which said

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zones or districts may be set apart and to regulate the plans for development and improvement of real estate in said city. Zoning and planning laws. Section 2. Be it further enacted that the mayor and aldermen of said city may, in the interest of public health, safety, order, convenience, comfort, prosperity, or the general welfare of the citizens of said city, adopt by ordinances 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 and districting regulations may be based upon any one or more of the purposes above set out. The city may be divided into such number of zones or districts and such districts may be of such shape and area as the said mayor and aldermen 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 activities 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. Districts. Regulations. Section 3. Be it further enacted that for the reasons above stated the said mayor and aldermen 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

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or classes of residents to be housed therein and to provide therein such other similar regulations and restrictions as shall secure the peace, and good order of the city and the residents thereof. Residence regulations. Section 4. Be it further enacted that the said mayor and aldermen may zone or district all or any part of the area of said city and may, from time to time, enlarge the zoned or districted area, and may, from time to time, enlarge, diminish or modify the area of any zone or district, and may change, modify or repeal any regulation or restriction relating to said zones, may create new zones and change or modify the boundaries of zones theretofore established. Changes. Section 5. Be it further enacted that the mayor and aldermen of said city may, in their discretion, appoint a commission to be known as a planning commission to recommend to the mayor and aldermen of the city the boundaries of the various zones or districts to be laid out, and to recommend the adoption of appropriate regulations and restrictions to apply to the lands, buildings and structures in said zones. The acts of such commission shall be advisory only, and they shall receive such compensation for their services as the mayor and aldermen shall determine. Planning commission. Section 6. Be it further enacted that for any or all of of the purposes mentioned in this Act, the mayor and aldermen of said city may divide the city into districts of such number, shape and area as may be best suited to carry out the purposes of this Act; and within such districts may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land. Districts. Section 7. Be it further enacted that no regulation, restriction or zone boundary shall become effective until after a public hearing in relation thereto, at which parties

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in interest and citizens shall have an opportunity to be heard. At least fifteen days notice of the time and place of such hearing shall be published in a newspaper of general circulation in said city. Public hearing. Section 8. Be it further enacted that all resolutions or ordinances passed under this Act or to carry out the provisions of this Act may be passed after one reading before the mayor and aldermen of said city, unless a further reading is requested by the mayor or one of the aldermen, on such request the resolution or ordinance shall be read three times. Passage of ordinances. Section 9. Be it further enacted that any person or persons, jointly or severally, aggrieved by any decision, resolution or ordinance passed by the mayor and aldermen under this Act, or any taxpayer of said city, may present to the Superior Court of Baldwin County, Georgia, a petition, duly verified, setting forth that such decision, resolution or ordinance is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to such court within thirty days after the decision complained of is made or the resolution or ordinance complained of is passed. Illegality. If, upon the presentation of such petition, the Superior Court orders a writ of certiorari to issue directed to the mayor and aldermen of said city, the court shall prescribe therein the time within which the answer thereto must be filed which shall not be less than ten (10) days. The allowance of the writ shall not stay proceedings upon the decision, resolution or ordinance appealed from, but the court, may, on application, on notice to the said mayor and aldermen, and on due cause shown, grant a restraining order. The mayor and aldermen of said city shall not be required to attach to its answer to the writ of certiorari the original papers acted upon by it, but it shall be sufficient to attach thereto certified or sworn copies of such papers, or of such portions thereof as may

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be called for by the writ. The answer to the writ shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision, resolution or ordinance appealed from, and shall be verified. Certiorari. Answer. If, upon the hearing, it shall appear that testimony is necessary for the proper disposition of the matter, the court may take evidence or appoint a master to take such evidence as it may direct, and report the same to the court with his findings of fact and decisions of law, which shall constitute a part of the proceedings upon which the determination of the court may be made. The court may reverse or affirm wholly or partly, or may modify the decision, resolution or ordinance brought up for review. Evidence. Reference. Costs shall not be allowed against the mayor and aldermen unless it shall appear to the court that they acted with gross negligence or in bad faith or with malice in making the decision or passing the resolution or ordinance appealed from; provided, however, that in any event whatever costs may be assessed against the said mayor and aldermen may be paid out of the general funds of the city. Costs. The granting or the refusal to grant a restraining order under this Act shall be reviewable by writ of error to the Supreme Court of this State in like manner as now provided under the laws of this State in equity cases where an ad interim injuction is granted or refused. Writ of error. All other decisions of the court may be reviewable by writ of error to the Supreme Court or Court of Appeals of this State in like manner as the decision in other civil cases in such courts are now appealable to the Supreme Court or the Court of Appeals of this State. Section 10. Be it further enacted that the mayor and aldermen of said city may provide by ordinance for the enforcement of this Act and of any ordinance, resolution,

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regulations or restriction made thereunder. A violation of this Act or of such resolution, ordinance, regulation or restriction passed in pursuance thereof may be punished as now provided by the present charter of the said City of Milledgeville. The mayor and aldermen of said city is also empowered to provide civil penalties for such violation. Enforcement. Penalty. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this Act or of any resolution, ordinance or other regulation made under authority conferred hereby, the mayor and aldermen of said city, in the name and behalf of said city, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business, or use in or about such premises. Preventive action. Section 11. Be it further enacted by authority aforesaid that in case any section, paragraph, sentence, or clause of this Act should be declared illegal, void or unconstitutional by the courts, the illegality, invalidity, and unconstitutionality of such section, paragraph, sentence or clause shall not effect the remaining provisions of this Act. Invalid parts. Section 12. Be it further enacted by authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved December 29, 1937.

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MOULTRIE CHARTER AMENDMENTS. No. 120. An Act to amend an Act approved March 30, 1937, Georgia Laws 1937, pages 1990 et seq, creating a new charter for the City of Moultrie by providing that taxes due said city may be paid in quarterly or semi-annual installments; to provide that there shall be exempt from all taxes due the City of Moultrie, three hundred ($300.00) dollars of household and kitchen furniture and certain other personal property; to provide that the governing authority of said city may appropriate money to the public school system; to provide the time when and manner of fixing the compensation for the mayor and councilmen of said city; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that: Section 1. (A) That section 24 of the Act approved March 30, 1937, Georgia Laws, 1937, pages 1990 et seq, be and the same is hereby amended by adding at the end of said section 24 the following provision: Act of 1937 amended. Provided, however, that there shall be exempt, to the head of a family, as hereinafter defined, from all taxes due said City of Moultrie, beginning January 1, 1938, three hundred ($300.00) dollars, of personal property, which property is defined to be all clothing, household and kitchen furniture and all other personal property, except motor vehicles, not to exceed three hundred ($300.00) dollars in actual value. The person or persons entitled to said exemption shall claim the same on or before April 1st, of each year, upon such forms, terms and conditions as may be prescribed by the governing authority or authorities of said city, which said authority

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or authorities shall determine the eligibility of the applicant for said exemption and the value of the property claimed to be exempt, but from the decision of said authority, there shall be an appeal by the applicant to the City Board of Tax Assessors, within ten (10) days from receipt of notice of the disapproval of said claim; and from that decision to a jury in the City Court or the Superior Court of said county, said last appeal to be filed within ten (10) days from notice of the disapproval of or any change in said application, and said appeal shall be heard at the first term in said court, provided same is filed therein at least five (5) days prior to any regular term of either of said courts. Exemption of personalty. Eligible applicants. Appeals. (B) The words head of a family wherever used in this Act shall mean and be limited to the following: Words defined. (a) A husband or wife actually living together but not both. (b) A person who is unmarried but permanently maintains a home for the benefit of one or more persons who are morally or through relation to him or her dependent wholly or in part upon him or her for support. (c) A widow or widower, and/or a widow or widower having one or more children and maintaing a home occupied by them; or maintaing and occupying a home for said widow or widower. (d) A divorced husband or wife living in a bona fide state of separation, and having legal custody of one or more of their children owns and maintains a home for said child or children. (e) A person who is unmarried but permanently maintains a home occupied by himself or herself. (C) Provided further that on and after January 1, 1938, all ad valorem taxes due said city may be paid in quarterly or semi-annual installments, at the option of

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the taxpayer, said payments to be made on estimates of the taxes levied for the previous year, properly divided as above provided, final adjustment to be made at the time taxes become due by law for each year. Nothing in this Act, however, shall be construed to mean that any part of taxes already due or taxes that become due shall be paid in installments, but shall be paid and collected as now provided by law. Section 2. Be it further enacted by the authority aforesaid that a new section be added to said Act, to be numbered 29A, and to read as follows: The governing authority or authorities of said city are authorized to make appropriations in any amount to the public school system of said city, for all purposes whatever. School appropriations. Section 3. Be it further enacted that said Act, approved March 30, 1937, Georgia Laws of 1937, page 1990 et seq, be and the same is hereby amended by striking section 64 of said Act in its entirety and substituting in lieu thereof a new section to be numbered 64 and to read as follows: Be it further enacted that at the first meeting of council after their election, they shall provide what pay the mayor and councilmen shall receive for their services for the ensuing twelve months. In case they fail to fix the compensation of the mayor and councilmen at said first meeting, they may do so at any subsequent meeting, but until a different rate of compensation is provided, the mayor and councilmen shall receive such pay as did their immediate predecessors. New sec. 64. Approved January 5, 1938.

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NASHVILLE SALARIESREFERENDUM. No. 309. An Act to amend the charter of the City of Nashville, in the County of Berrien, approved August the 15th 1910, so that when amended, the salary of the mayor of said city shall not exceed the sum of $300.00 and shall not be less than $100.00, and the salary of each alderman shall not exceed $100.00 and shall not be less than $50.00, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, the Act approved August the 15th, 1910, is hereby amended as follows. Act of 1910 amended. Be it enacted by authority aforesaid, that Section 9 of the Act of 1910, amending the charter of the City of Nashville, be and the same is hereby repealed, and the following substituted therefor. That beginning with this Act, the mayor and council shall fix the salaries of the mayor and alderman, same not to be changed thereafter during their respective terms of office, and to be paid monthly out of the general revenue of the city, provided however that the salary of the mayor shall not exceed $300.00, and shall not be less than $100.00, and that the salary of each alderman shall not exceed $100.00 and shall not be less than $50.00. Salaries limited. Section 2. That be it further enacted by authority aforesaid, that before this Act shall go into effect the same shall be ratified at an election to be called by the mayor and council of the City of Nashville, to be held on the 15th day of March, 1938, after having advertised said election in the county paper printed in Nashville, Ga., once a week for four weeks prior to said election date: and all qualified voters of said City of Nashville shall be

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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 provision of this Act repealing section 9 of said Act of 1910, the proviso of this Act, changing the salary of mayor and alderman shall go in effect immediately and said mayor and council shall on the regular meeting in April, 1938, fix said salaries for the year 1938, and thereafter on the first regular meeting in each year. Election to ratify this Act. Section 3. Be it further enacted, that all laws and parts of laws in conflict herewith, be and the same are hereby repealed. Approved February 7, 1938. PINE LAKE CHARTER. No. 115. An Act to create and establish the City of Pine Lake, to charter said city, to define its territorial limits, to provide for a mayor and council form of government, to define the rights and powers of the municipality to assess tax, its property rights, its contractural rights, its right to pass ordinances and resolutions, to provide for parks, streets, sidewalks, police, sanitation and for other purposes. Section 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 known as Pine Lake in the County of DeKalb, State of Georgia, particularly described as follows: All that tract of land in land lots 40 and 41 of the 18th District of DeKalb County, beginning at the southeast corner of Land Lot 41; thence west along the south line of said land lot 1,530 feet; thence north one degree west

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3,415 feet to the north line of said land lot; thence east along the north line of said land lot, 1,522 feet to Land Lot 40; continuing along the north line of Land Lot 40 easterly 580 feet to Snapfinger Creek; thence southwesterly following the meanderings of said creek 1,293 feet to the west line of Land Lot 40; thence south along the west line of Land Lot 40 to the south line of said land lot at the point of beginning; being the property described in deeds recorded in Deed Book 414, page 12 and page 394 DeKalb County records, and in accordance with the three plats recorded in Plat Book 10, page 122, page 157 and Plat Book 11, page 39 DeKalb County records, Territory incorporated. be and they are hereby incorporated and made a municipal corporation under the name City of Pine Lake and are hereby invested with all the rights, powers and privileges provided under the general law incident to municipal corporations created in this State. Corporate name. Section 2. The inhabitants of said territory shall have the power, as a municipal corporation, to govern and support themselves by such ordinances, rules, regulations, assessments, tax and resolutions for the transaction of its corporate business and the welfare and proper government of said City as may be adopted under the consistent with the terms and provisions of this charter. The said city may sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, buy, own and sell real and personal property or any interest therein within and without the city limits, may operate parks, club house, provide for sanitation and the proper upkeep and improvement of streets, roads and alleys in its territorial limits and finally, but neither limiting nor excluding other rights, to do all other things necessary to promote the general welfare and corporate purpose of said city and its inhabitants. Powers in general. Section 3. Be it further enacted by the authority aforesaid that the governing authority for said city and

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all rights and powers of said city shall be vested in a mayor and in a council to consist of three members nominated and elected from the city at large in the manner and for the time hereinafter provided. Mayor and council. Section 4. Be it further enacted by the authority aforesaid that the mayor of said city and one councilman shall be elected on the first Monday in February, 1938, and every three years thereafter to hold office for said term of three years and until a successor shall have been elected and qualified. And a second councilman shall be elected on the first Monday in February, 1938, to hold office for a period of one year and until a successor shall have been elected and qualified. And a third councilman shall be elected on the first Monday in February, 1938, for a period of two years and until a successor shall have been elected and qualified. The person receiving the greatest number of votes to be mayor, the person receiving the next greatest number shall be councilman for three years, third greatest number for two years and fourth greatest number for one year. Election. Terms of office. (a) Be it further enacted by authority aforesaid that after said first election there shall be an election on the first Monday in February of each year at which election one councilman shall be chosen, each to serve for a period of three years and in addition thereto an election of a mayor every third year after the first Monday in February, 1938. (b) A candidate for the office of mayor or for the office of councilman shall neither spend nor promise money, office, employment or other thing of value in order to secure a nomination or an election. Money and promise barred. Section 5. Neither the mayor nor councilman shall receive, directly or indirectly, compensation for performing the services required of holders of such offices but shall serve without compensation other than the honor incident to the office. No pay.

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Section 6. Be it further enacted by the authority aforesaid that the mayor shall have the following powers and duties; Powers specified. (a) To preside at all meetings of the city council. (b) 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. (c) Shall have power to perform and shall perform all the duties conferred and imposed by this charter and by the ordinances of the city. (d) Shall have no power to vote in the proceedings of the city council. (e) Shall have power, together with such others as the council may designate, to execute such written instruments on behalf of the city as may be required by the city council and shall have power through the city marshal or other administrative officer to enforce all ordinances and rules. (f) Shall have power and authority to appoint a mayor pro tem who shall fill a vacancy in the office of mayor until the next regular election unless same shall be distant more than one year in which event until a special election which shall be called by the mayor pro tem for the purpose of filling the vacancy in the office of the mayor. The mayor pro tem shall perform all duties of the mayor in the event of his absence or disability. (g) Shall act as recorder for the purpose of enforcing the city ordinances, rules and regulations as hereinafter provided. (h) Shall perform all acts needful and necessary to properly administer the affairs of the city where not otherwise provided for herein.

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Section 7. Be it further enacted by the authority aforesaid that no person shall be eligible to hold the office of mayor or member of council of said city unless he be a citizen of said city, twenty-one years of age and a qualified elector thereof. Should the mayor or any member of council cease to possess these qualifications, or be convicted of crime while he is in office, he shall immediately forfeit his office. Eligibility to office. Section 8. City council shall meet within thirty-six hours after the election of its members for the purpose or organization but may adjourn from day to day and time to time thereafter. All meetings of council shall be open to the public and the rules of 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 unanimous vote, authorize an executive session. Public meetings. Section 9. Be it further enacted by the authority aforesaid that the mayor and the members of the city council shall subscribe in writing to the following oath before an officer authorized to administer the same as a condition precedent to entering upon the duties of their respective offices: I do solemnly swear that I will perform the duties of Mayor (or Councilman as the case may be) of the City of Pine Lake to the best of my skill and ability, as to me which seem to the best interest and welfare of said city without fear, favor or affection, so help me God. Oath of office. Section 10. The city council shall be the judge of the election and qualifications of its members; shall have power to subpoena witnesses and compel the production of all pertinent books, records and papers; but the decision of council in any such case shall be subject to review by the courts. Council shall determine its own rules and order of business and keep minutes of its proceedings.

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Council may compel the attendance of absent members, may punish its members for disorderly behavior and by a vote of not less than two members may expel a member for disorderly conduct or violation of its rules; however, such member shall be notified of the charge against him and give an opportunity to be heard in his own defense. Council's functions. Section 11. Two members of council shall constitute a quorum authorized to transact business but a less attendance may adjourn from time to time and compel the attendance of absent members. The affirmative vote of two members of council shall be necessary to adopt any ordinances, resolutions or pass upon any question before council. No member shall be excused from voting except upon matters involving a consideration of his own official conduct or financial affairs. Quorum vote. Section 12. Be it further enacted by the authority aforesaid that it shall be necessary to have read at the regular session of the city council at three different meetings all proposed ordinances before they shall be voted on by said council; provided, however, that at the first meeting of the city council, for the purpose of organizing the city under this charter, it shall be lawful to read any ordinance, rule or regulation at any three meetings, one or all of which may be adjourned meetings of the meeting at which the bill was first read. It is mandatory that all ordinances regularly passed by the city council be approved by the mayor. The mayor shall have no veto power. All ordinances shall take effect immediately unless it is therein otherwise stipulated. Ordinances. Section 13. All elections except the first shall be superintended and managed by a Justice of the Peace of the State of Georgia or by three freeholders owning property within the territory embraced within the city limits. Each of the managers shall take the following oath: Election managers.

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We and each of us do solemnly swear to faithfully and impartially conduct the election for the City of Pine Lake and to see that all voting is legal to the best of our skill and power so help us God. Oath. The first election shall be called and held by Joe Godwin, Marvin Williams and Sam McDowell who shall have authority to make all needful and necessary rules governing said first election and determine who shall vote at said first election, declare the results thereof and shall be judges of all matters pertaining to said first election subject to appeal or certiorari and no provision of this charter in conflict herewith shall invalidate the act and decision of said electors but only at said first city election and for the purpose of organization under this charter. Managers named. Rules. Section 14. Be it further enacted by the authority aforesaid that said managers shall certify two lists of voters placing one list of voters in the ballot box together with the ballots cast at said election, seal the same and deliver the same to the Ordinary of DeKalb County. The other certified list of voters and tally sheets shall be placed in a package and delivered to the mayor or mayor pro tem of this city for safe keeping and for the purpose of having the result of the election declared. Council shall declare the results of the election at the first regular meeting of council occurring thereafter, however, a special meeting may be called for this purpose. If the election is contested notice of such contest shall be filed with the Ordinary of DeKalb County within three days after such election setting forth all the grounds of contest and a fee of $10.00 in advance shall be paid to said ordinary. The ordinary shall, within two days after he receives same, cause a copy of said notice to be served by the sheriff of said county or his deputy on the contestee and the mayor of the city shall cause a notice of the time and place of hearing such contest to be posted at one or more precincts at which the votes were cast resulting in said contest.

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This notice shall be posted for at least three days before such hearing. The contestor shall pay the sheriff or his deputy the usual fee for perfecting said service. The Ordinary of DeKalb County is authorized to hear and determine said contest and the losing party shall pay all costs for which said ordinary is authorized to give judgment and issue execution. Certificate of election. Contest. Notice. Fee. Section 15. All persons residents of said city for at least four months out of each year 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 this State and the ordinances of this city and who have once registered according to the laws of this city shall be qualified to vote at all city elections. Voters qualified. Section 16. The mayor shall act as city manager, however, the city council may choose and employ upon a monthly basis and from month to month other necessary help and fix compensation therefor. The city council shall have authority to remove any employee. City manager. Section 17. All purchases made by the city shall be under direction of the mayor and subject to the approval of the city council except purchases involving an expenditure of less than $25.00 which purchases the mayor is hereby authorized to make in behalf of the city without approval. Purchases. Section 18. The city council may put any of its officers under bond prescribing the terms and amount and when necessary may appoint counsel and fix compensation for the services of counsel. Bond. Section 19. Be it further enacted by the authority aforesaid that the direct enforcement of all city ordinances and laws and of this charter shall be in the hands of a city marshal to be employed by the city council and upon compensation fixed by said council. It shall be the duty of the marshal of said city to levy all executions

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in favor of said city for taxes, fines, assessments, or other pecuniary demands and to advertise and sell property levied on, real or personal, for the satisfaction of taxes, assessments or fines in accordance with the laws of the State of Georgia governing sheriff's sales in this State and shall have authority which now vests in the sheriffs of this State to place purchasers of said property in possession. Such sales shall be conducted in the City before the usual place where the city council meets. City marshal. Duties. Section 20. Be it further enacted by the authority aforesaid 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. This court is to be held by the mayor or mayor pro tem acting as recorder and in case of his absence, inability or disqualification by a properly designated member of the city council. Recorder's court. Said court shall have power to preserve order; to compel the attendance of witnesses; punish for contempt by imprisonment not exceeding five days or a fine not exceeding $10.00 or both. Powers of the court. 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 of said city for a term not exceeding thirty days or pay a fine not to exceed $50.00. Either one or more of said penalties may be imposed at the discretion of the recorder. Section 21. Any person convicted in recorder's court may appeal, in the form and under the rules of law now prescribed for appeals from the ordinary's court of counties in this State to the Superior Court of said county, to city council of this city. The city council shall hear the case anew and shall by a majority vote acquit the appellant or sentence him or fine him in their discretion, however, never to exceed the terms and amounts fixed in this charter. The persons so convicted may, if they

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see fit, certiorari said case before or after the appeal to the Superior Court under the general law applicable to petitions for writs of certiorari and hearing thereon as now provided by the general law of the State of Georgia. Appeal and certiorari. Section 22. 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 this State. Said tax shall not exceed two per cent per annum upon the value of said property for ordinary current expenses. Taxes ad valorem. Section 22A. Be it further enacted that for the purpose of raising revenue in order to maintain and care for proper sanitation within the city that the council of said city shall have full power and authority to prescribe by ordinance for the assessment and collection of a sanitary tax upon each lot within the city but not to exceed $1.00 per annum for said purpose. Sanitary tax. Section 23. City council shall also have authority to regulate and control the sale of all beverages, including alcoholic beverages, within the corporate limits of the city, however, to conform with the laws of this State, and right to license, when legal under State law, the sale thereof and to fix the license fee to be paid. Beverages. Licenses. Section 24. Council shall have full and complete control of and authority over streets, alleys and sidewalks of the city and shall have power and authority to condemn property as now provided by law for the opening and laying out of new streets and alleys and for widening, straightening and otherwise changing streets, sidewalks and alleys. All such condemnation procedure shall be under and follow the provisions of section 36-301, et. seq., Code of Georgia, 1933, and amendments thereto. Streets and sidewalks.

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Section 25. City council shall have full power and authority to require any person, firm, company or corporation engaged in carrying on a trade, business, vocation or profession within the corporate limits of said city to register their names and the names of such business, vocation or profession before engaging therein and shall also have authority to require the payment of such sum for said registration as said council may prescribe by ordinance. Council shall have the right to prescribe by ordinance a penalty or penalties for the violation of this section but not to exceed those herein elsewhere prescribed in case of violation of penal ordinances, section 20. Registry of business. Section 26. Be it further enacted that this city acting through its council shall have full power and authority by ordinance, after three days notice to property owners affected thereby, to place pavement, curbing and gutter along streets and to remove or repair or otherwise permanently improve any sidewalk, curb, gutter, street or alley in said city. Said city acting through its council by ordinances may assess any part or all of the cost of such improvement on the land and the owners thereof abutting the improvement pro rata according to the frontage owned by each and may pass all ordinances or rules necessary to carry out this charter power. Pavements, etc. Assessments. Section 27. In order to enforce the payment of the assessments provided immediately above or any other assessment authorized by this charter or ordinances made thereunder the city marshal shall have authority to issue an execution against the abutting property owners or the person, firm or corporation liable for said tax or assessment. Said execution shall be signed by the mayor, mayor pro tem or other designated councilman and shall be levied by the marshal under the provisions of the general law of the State of Georgia providing for levy, advertisement and sale by sheriff, with this exception; said sale shall take place in front of the usual place of

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holding the meetings of city council and in addition to the notice required by publication a notice shall also be posted in a public and conspicuous place in front of the usual and customary place for holding council meetings for this city. Any marshal's sale shall be subject to all the incidents of purchase by the city and redemption by the owner, etc., as provided by section 879 et. seq., of the Code of Georgia of 1911 and amendments thereto. Executions for assessments. Levy and sale. Section 28. Be it further enacted by the authority aforesaid that any person, firm or corporation against whose property an execution or assessment is issued shall have the right to file an affidavit denying that the whole or any part of the amount for which the execution is issued is due stating the reason why same is not due. The amount admitted due, if any, shall be paid before the affidavit is received and said affidavit shall be returned by the marshal to the Superior Court of DeKalb County and there tried and issue determined as in cases of illegality subject to all the rules of pleading and general law of the State of Georgia applicable to such cases. Affidavit of illegality. Section 28A. The city may make such contract through its mayor and general council and by proper ordinance as may be considered to its best interest for the purchase of light and water service for use within the city limits. Light and water service. Should the city procure light or water service or either and furnish same to private individuals the city shall have a right to make uniform and reasonable charges for said service and to collect same by assessment or by a discontinuation of the service upon failure to pay on the part of the recipient thereof. Section 29. Be it further enacted by the authority aforesaid that the city council shall have full power and authority to require by ordinance or resolution that the owner of any improved lot in said city provide suitable and sanitary water closet accommodations on said lot whenever in the judgment of council such are necessary. Sanitary regulations.

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To carry out the terms of this charter right council shall have authority to condemn and forthwith prevent anyone from using any toilet or water closet in the city that council may deem deleterious to the good health and proper sanitary condition of said city. Council may not only condemn the use of said unsanitary toilet but may impose a fine not to exceed the amount herein elsewhere stated for the violation of penal ordinances in section 20. Section 30. Council shall have the right to make such rules and regulations for prevention of fire as may be considered for the best interest of said city. Fire regulations. Section 31. Be it further enacted by the authority aforesaid that council shall have authority to provide by resolution or ordinance suitable regulations for drainage, sewerage, plumbing, parks, play grounds, public buildings, public swimming pools, as may be considered needful and proper either for the orderly regulation thereof or general welfare and proper sanitation and shall be authorized to provide means and agencies for both carrying out and enforcing such rules or ordinances. Sewers and drains. Section 32. Be it further enacted by the authority aforesaid that all persons owning or holding property of any kind, in any capacity, within the corporate limits of said city, shall on or before the first day of April of each year, after the passage of this act, and including April 1, 1938, return same for taxation, under oath, to the proper officer of said city designated by council to receive said return. Tax returns. Council of said city shall cause to be prepared and printed 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. Each taxpayer and property owner of said city shall fill out said schedule entering

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thereon all property owned or held in any capacity by said tax payer to include real, personal, money, notes, accounts, choses in action, mortgages, bonds and stocks of all kinds. This enumeration does not exclude the application of the general term all taxable property. Forms. Taxable property. Printed on each blank shall be the following oath of the person making the return to be subscribed to before the officer to whom said returns are made or before some officer authorized under the law of this State to administer an oath, to wit: I do solemnly swear that the above and foregoing is a true and correct return of all property, both real and personal and intangible 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 Pine Lake so help me God. Oath by taxpayer. Section 33. The city council itself shall constitute a board of tax assessors for said city or the council by ordinance shall designate three intelligent, upright, discreet citizens of the city to hold office for a period of three years subject to earlier removal by council, to act as tax assessors. Tax assessors. Council may fill any vacancy upon the board of assessors at any time. Section 34. It shall be the duty of the city tax assessors to assess the value of the real estate, personal property and intangible property in said city for the purpose of taxation by said city. It shall be their duty to examine tax returns placed before them by the officer receiving same and to increase or decrease the value of the real estate or personal property therein returned in the event the return be either too large or too small. City council shall have authority to prescribe rules for the government of said city tax assessors. The city tax assessors shall make a return of their work within thirty days after

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the tax returns are turned over to them, however, this time may be extended by council. The tax assessors shall report to city council any property within the city limits known or discovered and upon which no return has been made. Valuations. Rules. Reports. Said assessors shall also have authority to appoint a time and place for hearing objections to their assessments, notice of which hearing shall be given to each party whose tax returns have been raised or lowered ten days before said hearing stating the time and place thereof. This notice may be served personally or mailed to said person properly stamped and directed to his last known address. The city tax assessors shall take such oath of office and receive such compensation as may be prescribed by city council. Hearing on notice. Section 35. The city council shall have the right to elect a city clerk and treasurer; one person may fill both of said offices and also the office of city marshal and wherever the duties of any of these offices conflict the mayor may designate a councilman to temporarily fill the office and to perform the conflicting duty. Clerk and treasurer. Section 36. 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. Houses. Welfare regulations. Section 37. Be it further enacted that said council shall have full power and authority to prescribe, by ordinance, adequate penalties for all offenses against the

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ordinances of said city not hereinbefore provided for, and to punish offenses by imprisonment in the guardhouse of said city, for a term not exceeding the term and fine provided herein in case of the violation of the penal ordinances of the city, section 20 of the charter; the officer trying said offender may, on conviction of said offender, impose any one or all of said penalties. Penalties. Section 38. 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 Pine Lake, and they shall have the right to commit to the jail of DeKalb County, or admit to bail (provided the offense be bailable) for any violation of the State laws. The jailer of DeKalb 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 judicial functions. Section 39. Be it further enacted that the accusation preferred against any offender may be in the following form, to wit: State of Georgia, City of Pine Lake: I,....., charge and accuse..... with the offense of.....(stating the offense fully) contrary to the laws of said City of Pine Lake, which offense was committed in said City of Pine Lake on the..... day of....., 19..... Form of accusation. 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.

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Section 40. Be it further enacted that it shall be the duty of the clerk of said city council (or officer acting as clerk) 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 five days prior to each election. Said book shall be closed five 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 more than five days 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: Registration of voters. I,..... do solemnly swear (or affirm) that I am 21 years old (or will be on the..... day of..... next), that I am qualified to vote for members of the General Assembly of Georgia, have paid all taxes required of me by the law of this State and ordinances of this city and have been a resident of this city (at the first election for organization of the city this part of the oath may be omitted) four months out of the past year (or will have been a resident of this city 4 months on the..... day of..... next), and am a citizen of the City of Pine Lake, Georgia, so help me God. Oath of voter. The register shall date the time of each name so registered. The clerk of said city (or person acting as clerk) 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. List of voters.

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Section 41. Be it further enacted that if the said clerk, or other party having charge of said registration book, shall knowingly prevent any one qualified from registering, 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 last paragraph of section 20 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 registry. Penalty. Section 42. 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 Pine Lake and its municipal authorities may exercise all powers, rights and jurisdiction 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 neither repugnant to the intent and purpose of this Act, nor the laws of the State. Plenary powers. Section 43. Be it further enacted that in the event any provision of this charter shall be declared invalid the remainder thereof shall be of full force and effect. Invalid parts. Section 44. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved December 29, 1937.

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QUITMAN SCHOOL APPROPRIATIONS. No. 81. An Act to amend section 6 of the Act of 1921 (Georgia Laws 1921, pp. 1055-1062), which Act amends the Act of 1905 (Georgia Laws 1905, p. 1060) creating a new charter for the City of Quitman, by enlarging the powers vested in the Board of Commissioners for the City of Quitman so as to authorize said board to make appropriations from the general funds of the city for the support and maintenance of the public schools of the city; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. That section 6 of the Act approved August 10, 1921, (Georgia Laws 1921, pp. 1055-1062), which Act amends the charter of the City of Quitman as adopted by the Act of 1905 (Georgia Laws 1905, p.1060) and creates a Board of Commissioners for the City of Quitman, defines their powers, duties, terms, etc., be and the same is hereby amended by adding at the end of section 6 the following, to wit: The power to make appropriations shall include the power to appropriate from the general funds of the city treasury, from whatsoever sources such funds were derived, such sums as may be needed by the board of education of the city for the operation and maintenance of the public schools, over and above the amount received from the levy of ad valorem or other taxes for school purposes. If the funds derived from taxes levied for school purposes are not sufficient to meet the expenses and costs of operating and maintaining the public schools of the city for the full term prescribed by the authorities in charge of said schools, it shall be the duty of the board of commissioners to appropriate from the general funds of the city sufficient revenue for such purposes. The power to determine whether such funds

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derived from the levy of taxes for school purposes will be sufficient to meet the aforesaid costs and expenses is hereby vested in the board of commissioners, and said board, in determining such fact, is hereby authorized and empowered to require the officers and members of the board of education, members of the faculty of the public schools, and others having such information, to submit to the board of commissioners records, estimates, budgets, and other data or information relative to the financial needs and costs and expenses of operating the public schools of the city, so that said section as amended shall read as follows: Act of 1921 amended. Section 6. In said commission shall be vested all the powers heretofore vested in the Mayor or the Mayor and Council of the City of Quitman, except as otherwise provided in this Act. It shall have full authority to pass ordinances, levy taxes, make appropriations, fix licenses, and shall have all the rights and powers heretofore given the mayor or mayor and council, except as otherwise provided in this Act. The power to make appropriations shall include the power to appropriate from the general funds of the city treasury, from whatsoever sources such funds were derived, such sums as may be needed by the board of education of the city for the operation and maintenance of the public schools, over and above the amount received from the levy of ad valorem or other taxes for school purposes. If the funds derived from taxes levied for school purposes are not sufficient to meet the expenses and costs of operating and maintaining the public schools of the city for the full term prescribed by the authorities in charge of said schools, it shall be the duty of the board of commissioners to appropriate from the general funds of the city sufficient revenue for such purposes. The power to determine whether such funds derived from the levy of taxes for school purposes will be sufficient to meet the aforesaid costs and expenses is hereby vested in the board of commissioners,

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and said board, in determining such fact, is hereby authorized and empowered to require the officers and members of the board of education, members of the faculty of the public schools, and others having such information, to submit to the board of commissioners records, estimates, budgets, and other data or information relative to the financial needs and costs and expenses of operating the public schools of the city. Powers of taxation, appropriations, etc. Section 2. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved December 29, 1937. QUITMAN SCHOOL-BUILDING TAX. No. 29. An Act to authorize and empower, direct and require the Board of City Commissioners of Quitman, Georgia, to provide an ad valorem tax on all real and personal property within the corporate limits of said city of two mills for the years 1938 and 1939 only, in addition to all of the taxes now provided by law, for the cost of construction of a school building and for other school purposes in said city. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, that the Board of Commissioners of the City of Quitman be, and they are hereby authorized, empowered, directed and required to provide an ad valorem tax on all real and personal property within the corporate limits of said city of two mills for the years 1938 and 1939 only, in addition to all of the taxes now provided by law, for the purpose of paying the cost of construction and equipment of a school building and for other school purposes in said city. Tax for school buildings, etc.

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Section 2. Be it further enacted that all other laws or parts of laws in conflict with this Act be and the same are hereby repealed Approved December 14, 1937 REST HAVEN CHARTER. No. 399. An Act to incorporate the Town of Rest Haven in the County of Gwinnett and State of Georgia, to create a charter and municipal government for the Town of Rest Haven and define its territories, 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, side-walks, alleys, and lanes; to authorize said town to issue bonds, to construct and maintain educational facilities; to construct sewers, drains, waterworks, light and power system; 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 of the same. That from and after the passage of the Act the inhabitants of the territory located in the County of Gwinnett and State of Georgia, and within

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the limits of said town as hereinafter stated, be and they are hereby incorporated under the name and style of Town of Rest Haven 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 Rest Haven as heretofore incorporated shall be, and are, hereby vested in the Town of Rest Haven created by this Act. And the said Town of Rest Haven 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 council, 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 Rest Haven 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. Corporate name. Powers in general. Section 2. The territory of said Town of Rest Haven shall embrace the following territory as follows: Beginning at the present city limits line of the City of Buford at the intersection of the new Buford and Atlanta Highway with the old Buford and Gainesville road; thence extending north along said Buford and Gainesville Highway in the direction of Gainesville, Georgia to the Hall County line and shall embrace the territory included from the center of the pavement of said road for a distance of one fourth of a mile on each side of said highway. Territorial limits.

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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 councilmen. 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, 1938, and the and the Second Saturday in December in each year thereafter, for mayor and five councilmen, 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 notice in three public places; 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 6 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 council. Election. Terms of office. Voters qualified. 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 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 challenged 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

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age; that you have resided one year in this State, and for the last six months within the corporate limits of the Town of Rest Haven and have paid all taxes legally required of you by said Town of Rest Haven, so help you God. Election managers. Oath of voter. 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. 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 entered 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. Certificate of election. Qualification oath. 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 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 Rest Haven and who upon the day of the election next to be held after such

Page 1250

registration will have resided in said Town of Rest Haven 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: 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 Rest Haven 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 Rest Haven until such election; and that you have paid all taxes due the Town of Rest Haven and that you have made all returns required of you by the ordinances of said town; so help you God. Registry of voters. 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 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 voter's 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 persons shall be required, but such

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person shall be entitled to vote in all future elections, provided he or she shall pay all taxes due said Town of Rest Haven before the closing of the registration 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 on 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 voter's 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 voter's 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. Registration book. Certified 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 for such election shall then be made up as provided for regular elections. Special elections. 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 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

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duties, the council shall elect another mayor pro tempore, who shall thereby be clothed will 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 such 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 councilmen, 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 election. 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 officers, and to require such bonds 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. Marshal, clerk, treasurer, etc. Section 11. 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

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a fine of one hundred ($100) 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. Certiorari. Section 12. Be it further enacted that the mayor and other officers shall receive such pay and compensation as the mayor and council shall provide by ordianance, but their compensation shall not be increased during their terms of office. Pay of officers. Section 13. Be it further enacted that the Mayor and Council of the Town of Rest Haven shall have the sole and exclusive power of granting or refusing licenses to retail spirituous, ale or vinous and malt liquors in the Town of Rest Haven in any quantity, and for fixing the rate of said licenses and terms upon which they shall be issued, and for declaring said licenses viod 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 Gwinnett County. They shall also have power to license, regulate and control tenpin alleys,

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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 deal 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 beautiful said cemeteries. Licenses and regulations. Section 14. Be it further enacted that said Town of Rest Haven by and through its town council, is hereby authorized to grant or refuse francises 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. Utility franchises. Section 15. Be it further enacted that said Town of Rest Haven by and through its town council, shall have power and authority to condemn property for public

Page 1255

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 of property. Section 16. 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. Sanitary laws. Section 17. 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 as may be necessary to carry out the provisions of this section. Section 18. 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 councilmen. Taxing powers.

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Section 19. Be it further enacted that said mayor and councilmen 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 20. Be it further enacted that said mayor and councilmen 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 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 issues. Section 21. Be it further enacted that the mayor and councilmen 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

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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. Building regulations, etc. Section 22. 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 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 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 work. Section 23. 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

Page 1258

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 of said streets or alleys. Streets and alleys. Assessment of damages. And 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 Gwinnett 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. Assessors' oath. Appeals. Section 24. 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 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. Penal powers. Section 25. Be it enacted that the mayor and councilmen 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

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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. Streets. Regulations. 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 councilmen of the Town of Rest Haven. Tax executions. Section 26. Be it further enacted that all writs, processes, subpoenas, 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, subpoenas, executions, etc. issued as aforesaid when the parties or property to be proceeded against are without the corporate limits of said town of Rest Haven and the marshal or deputy marshal shall serve and execute all processes, writs, warrants, executions, subpoenas, 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

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the time and place of such sales; and in case of real estate the sale thereof shall also be advertised once a week for four weeks in the official organ of Gwinnett 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 Gwinnett 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. Direction of writs, etc. Service and execution. Levy and sale. Section 27. 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 Gwinnett 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. Claims. Section 28. Be it further enacted that the mayor or mayor pro tem. and any three councilmen 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. Votes. Section 29. Be it further enacted that all ordinances rules and regulations passed by the mayor and board of

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councilmen shall before becoming operative be entered on the minutes or ordinance book of the board of council and be posted at two or more prominent places in said town. Ordinances. Section 30. Be it further enacted that the expenditures of the mayor and councilmen 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 councilmen 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 shall be used only for the care, keeping, use and adornment of said cemetery. Payments. Treasurer's book. Section 31. 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 town, or such other officers as the mayor and councilmen of said town may appoint for said purpose, at such time as said mayor and councilmen 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 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,

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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 32. 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. Forbidden interest. Section 33. Be it further enacted that the mayor and 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. Vote and veto. Be it further enacted that said Town of Rest Haven 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 Rest Haven as and when said council may deem it necessary and proper. Street improvements. Section 34. Whenever said town council, hereinafter referred to as the governing body of said Town of Rest Haven shall deem it necessary to pave or otherwise improve any street, sidewalk, alley or other public place

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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 owners of a majority of the lineal feet of frontage of the lands abutting on said improvement shall not in fifteen days after the last day of publication of such resolution file with the clerk of 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 to be undertaken, citing this Act and designating by general description the improvement, 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 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. Resolution. Protest. Petition. Section 35. 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

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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 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. Pro rata assessments. Section 36. That any railroad or street 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,

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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 assessed. Section 37. 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 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 improvements are 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. Regulations. Assessment of cost. Section 38. That after the expiration of the time of 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 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 such estimates. Said resolution shall set forth any and all such reasonable terms and conditions as said

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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 resolutions for the maintenance of good condition of such improvements for a period of not less than five years from the time of its completion, or both, in the discretion of said 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 municipality, and shall state the street or streets to be improved, and 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, 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 for street assessment. Contractor's bond. Advertisement for proposals. Bids. Section 39. 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

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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 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 assessment and apportionment, as so confirmed, against the several tracts of land liable therefor; provided, however, that the rate of interest to be taxed shall not exceed one per cent. per annum over and

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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 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. Appraisement. Report. Notice. Hearing. Review. Interest rate. Payments. Section 40. That such special assessment and each installment thereof, and the interest thereon and the expense of collection are hereby declared to be a lien against the lots and tracts of land so assessed from the date of the ordinance levying the same, co-equal with the lien of other taxes and prior to and superior to all other liens against such lots or tracts, and such lien shall continue until such assessment and interest thereon shall be fully paid and shall be enforced in the same manner as are liens for city taxes. Lien of assessment. Section 41. 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

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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 the 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. 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 and 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 impression of the corporate seal of such municipality thereon, and shall have interest coupons and all bonds issued by the authority of this Act shall be payable at such place either within or without the State of Georgia as shall be designated by said 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

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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 herein-before provided for shall go into the treasury of the municipality as compensation for the services to be rendered by it as contemplated herein. Bond issues regulated. Section 41. That the assessment provided for and levied under the provisions of this Act shall be payable as the several installments shall become due, together with the interest thereon, to the treasurer of the municipality, who shall keep an accurate account of all such collections by him made, and such collections shall be kept in a special fund to be used and applied for the payment of such bonds and the interest thereon and expenses incurred incident thereto, and for no other purpose, until all said bonds are paid in full; and said treasurer shall give bond in amount to be fixed by the governing body, conditioned upon the faithful performance by him of the duties imposed herein. It shall be the duty of said treasurer, not less than 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

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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 persons 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 in the case of sales for city taxes and the same shall be sold at public outcry to the highest bidder, and such sales shall vest an absolute title in the purchaser, subject to the lien of the remaining unpaid installments with interest, and also subject to the right of redemption as provided in sections 880, 1169, 1170, 1171, and 1172 of 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 streets 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. Payments. Collection account. Notice to be published. Execution. Levy and sale. Redemption. Affidavit of illegality. Trials.

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Section 42. That no suit shall be sustained to set aside any such assessment, or to enjoin the said governing body from making or fixing or collecting the same or issuing or levying executions therefor or issuing such bonds or providing for their payment as herein authorized, or contesting the validity of 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 making such assessment final; provided that in the event any special assessment shall be found to be invalid or insufficient in whole or in part for any reason whatsoever, the said governing body may at any time, in the manner provided for the making of an original assessment, proceed to cause a new assessment to be made and fixed, which shall have like force and effect as an original assessment. Suits limited. New assessment. Section 43. 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, or 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 the objections in behalf of the county. County assent to assessment. Section 44. That the mayor and council of said city are hereby authorized to pass and put in force any planning or zoning ordinance in said city not in conflict with

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with the Constitution of the State of Georgia or statutes respecting the same. Zoning ordinance Section 45. Be it further enacted that an election for mayor and council of said town shall be held on the second (2nd) Saturday in March 1938, and said persons so elected shall serve until their successors are elected and qualified on the second (2nd) Saturday in December, 1938. Election. Section 46. Be it further enacted that if any portion of this Act shall be held invalid only such portion shall fall and the balance of said Act and of the charter are hereby created shall not be affected thereby. Invalid parts. Approved February 16, 1938. ROBERTA NEW CHARTER. No. 7. An Act to create a new charter for the City of Roberta in the County of Crawford, and to reincorporate said city under the name of the City of Roberta, 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 August 3, 1910, 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 proper, and with certain amendments and additions, all the Acts constituting the charter of the City of Roberta and relating to the rights, powers, and duties of said corporation; to declare and constitute the rights and

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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 board of aldermen; 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 therefrom; 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 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

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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 Roberta shall remain as provided in the charter of the City of Roberta shall remain as provided in the charter of the City of Roberta, to wit:

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The corporate limits of said town shall extend 1200 yards in every direction from the Benjamin Hawkins Monument which is located in the center of said City of Roberta. Territory. Section 2. General powers. That from and after the passage of this Act the Municipal Government of said City of Roberta shall be vested in a mayor and five aldermen, and such other officers as the mayor and aldermen may see fit to appoint and elect as herein provided. The present mayor and aldermen (who are hereby constituted aldermen) 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 Roberta, 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 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

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in conflict with this charter or the Constitution and laws of this State or the United States. Mayor and aldermen. Powers in general. Section 3. Legislative authority. That the said mayor and aldermen 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 heretofore passed, but shall be construed as in addition to and in aid of such powers that are not repealed by this Act. Legislation. Rules and regulations. Powers not restricted. Section 4. Election of Mayor and Aldermen. On the first Wednesday in December, 1938, and every two years

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thereafter, an election shall be held, at which election a mayor and five aldermen shall be elected, who shall take office on January the 1st after said election and who shall hold their office for a period of two years. All officers shall hold office until their successors are duly elected and qualified. Election. 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 alderman 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 mayor and aldermen, shall have official ballots prepared, and no other ballot shall be used or be legal. Candidates. Fee. Record. Ballots. Section 5. Oath of Mayor and Aldermen. That said mayor and aldermen, before entering upon their duties, shall before some officer authorized by law to adminster 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 aldermen) of the City of Roberta, during my continuance in office. So help me God. Oath of office. Section 6. Qualifications of Mayor and Aldermen. No person shall be eligible for election as mayor or as aldermen 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 Roberta, and shall be a freeholder in said city. Eligibility.

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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 Crawford shall be entitled to vote for said mayor and aldermen 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 qualified. Section 8. Registration books. Said mayor and aldermen 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 Roberta for ninety days, and that I am qualified to vote for the members of the State Legislature in the County of Crawford. In the event said officials exercise this authority, no person not so registered shall be allowed to vote in any election; 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 of voters. Oath of voter. 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 aldermen, 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

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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 aldermen, 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 aldermen shall provide a reasonable compensation for the work done by the registrars. Voters list. Section 11. Purging registration. Appeal from clerk. There may be an appeal from the decision of the clerk of registrars, as to the right of a person to register, to a committee of three freeholders previously appointed by the mayor and council for that purpose, whose decisions 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 Roberta, Georgia. Appeals. List of voters. Notice.

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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. Voters list. 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. Certificate. 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. Penalty. 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

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to law, and will prevent all illegal voting to the best of our skill and knowledge, and make true returns thereof, so help me God. Election managers. Oath. Said managers shall keep, or cause to be kept, two lists of voters 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 aldermen. The mayor and aldermen 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 four 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. Election regulations. The managers for said election held under the provisions of this charter shall be named and appointed by the mayor and aldermen prior to the elections and the mayor and aldermen 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. Managers of elections. Said mayor and aldermen 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. Rules and 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 Roberta, sheriff of Crawford County and other officers, shall take all necessary measures,

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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. Officers. 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 Crawford 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 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

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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. Contest of election. Notice and hearing. 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. Qualification delayed. 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 alderman 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 registration list, and the person receiving the highest number of votes cast in said election shall be declared duly elected. Tie vote. New election. 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 Roberta. Should the mayor or any alderman be absent from said meeting, he or they may take oath of office as soon thereafter as possible. Section 22. Mayor Pro Tem. At their first regular meeting after being elected, or as soon thereafter as practicable, the mayor and aldermen shall elect from their

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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. Assumption of office. Section 23. Regular Meetings. At their first meeting, said mayor and aldermen 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 of mayor, etc. 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 aldermen present shall object to the consideration of the ordinances or resolutions at such special meetings. Special meetings. Section 25. Quorum. The mayor or mayor pro tem. and three aldermen 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. Votes. Section 26. Absence, Etc. Pro Tem. In the event of 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 aldermen chosen by the aldermen, shall be elected and clothed with the rights, powers, and privileges of the mayor, and shall perform the duties of the mayor. Mayor pro tem. Section 27. Vacancies, How Filled. In the event the office of the mayor or any one of the aldermen becomes vacant by death, resignation, or removal from the city, or otherwise, the mayor and aldermen, or in case the mayor's office is vacant, the alderman shall order an election for the purpose of filling the vacancy or vacancies,

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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 aldermen 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 alderman, or mayor pro tem., in case of vacancy in the mayor's office, and alderman. The person or persons elected, in said special election or by said mayor and alderman shall be duly empowered and qualified to fill the vacancy or vacancies until the regular election and qualification of a succesor elected in the next general election, as provided in this charter. Vacancies in offices. Special election. Notice of any special election to fill a vacancy shall be given in the public gazette of the county at least five days before the last day for qualifying of candidates. Notice. Section 28. Officers, Election, Duties, Bonds, Suspension. At the first meeting of said mayor and aldermen in January of 1939, 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 aldermen shall be necessary. That all said officers shall take such oaths, perform such duties, and give such bonds as the mayor and aldermen may prescribe, all bonds being payable to the City of Roberta 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 aldermen and the mayor and aldermen shall have power and authority to suspend said officers at any time, in the discretion of said mayor and aldermen and it shall be the duty of the mayor and aldermen to fix the salaries of all officers, agents, and employees of said city, which salary or compensation may be increased or diminished at any

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time by said mayor and aldermen, in their discretion All of said officers shall be governed by such rules and regulations as may be prescribed by the mayor and aldermen, 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 aldermen when such officers shall be given trial by said mayor and aldermen. Clerk, treasurer, marshal and other officers. Section 29. Special Policemen. The mayor and aldermen 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 aldermen may determine; or the mayor and aldermen 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 or any other irregularities to said mayor and aldermen, or said police committee. Chief of police. Section 30. Unlawful Arrest. In no case shall the corporation herein created be liable for damages to any person or persons for any unlawful or unauthorized arrest or false imprisonment made and effected by the marshal, chief of police, or any other 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

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upon said marshal or policeman other than placed upon them by the general law of this State. Unlawful arrests and imprisonment. 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 aldermen 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 the mayor and aldermen 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 aldermen 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 aldermen 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. Section 32. Veto Power of Mayor. Every ordinance and resolution passed and every election of an officer or employee by the mayor and alderman 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 aldermen 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

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as three aldermen vote in the affirmative, said resolution and ordinance shall stand affirmed and become effective without the approval of the mayor; otherwise, not. The ayes and nays shall in all cases be entered on the minutes. Veto. Section 33. Malpractice. In case the mayor or any aldermen 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 Crawford 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 in office. Penalty. Section 34. Salaries of the Mayor and Aldermen. The compensation of each of the aldermen of the City of Roberta 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 aldermen and with the approval of the mayor. Salaries. The mayor shall receive a salary sixty ($60.00) dollars per year, payable monthly, and shall be paid by order of the clerk, countersigned by the mayor; provided, the salary of the mayor may be increased to an amount not to exceed one hundred ($100.00) dollars per year, payable monthly upon approval of at least three aldermen. 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 aldermen shall appoint some person to perform the duties of said chief

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of police or marshal until the next regular meeting of the mayor and aldermen when this body shall elect a successor. Temporary officers. 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 aldermen and all sessions of the police court, collect all fines, taxes and other money due the city, except such money as the mayor and aldermen may require the clerk to collect, and perform such other service and duties as the mayor and aldermen may require the clerk to collect, and perform such other service and duties as the mayor and aldermen 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 aldermen. Tax levies and sales. 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 aldermen whenever called upon to do so; he shall attend all meetings of the mayor and aldermen, keep the minutes and records of same, attend to the issuance of licenses, sign and issue executions and other writs and processes for the collection of taxes, fines and other money due to the city, and perform such other duties as the mayor and aldermen may require of him. He shall attend all meetings of the board of health, and all meetings of any committees of said aldermen that may require his services, and shall keep the minute books and files of the same. Clerk and treasurer. Duties.

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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 aldermen. 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. Clerk of police court. 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 Crawford 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. Arrests, etc. The mayor and aldermen shall have power to prescribe all rules and regulations, from time to time, for the general management and discipline of the police force of said city. Said mayor and aldermen may delegate this authority to a police committee, which committee may be appointed by the mayor with the approval of the aldermen Police discipline. 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 aldermen, to prosecute all offenders against the laws of the State, committed within the corporate limits of the City of Roberta. 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. Prosecutions.

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Section 40. General Taxing Powers. The City of Roberta 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 aldermen for the support of the government of said city. Taxing powers. Said levy for general purposes shall not exceed one and one-half of one per cent; but where that amount is deemed insufficient, said mayor and alderman 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. Tax rate. 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 purposes, and a proper accounting therefor shall be made as required by ordinance, at least once at the close of each year. Tax for bonds, etc. Section 42. License and Specific or Occupation Taxes. The mayor and aldermen shall have full power to levy

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such license and specific or occupation taxes on the residents of the City of Roberta, 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 alderman 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 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 in the event of the failure or refusal to procure such permit as above provided; and to provide for suitable penalties for the violation thereof. License 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. Section 43. Licenses, Others. The mayor and aldermen of said city shall also have full power and authority to license, regulate, and control by ordinance all taverns, hotels, boarding-houses, cafes, restaurants, saloons for the sales of creams, ices, etc., livery stables, sales-tables, and lots, hacks, drays, and other vehicles, auctioneers, vendue masters, itinerant traders, theaters, and theatrical performances, dummy or street railroads, oil-mills,

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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, bicycles, velocipedes, or skating-rinks, insurance agents, life, accident, or other insurance companies, loan agents for any and all kinds of businesses; banks and bankers, brokers, and commission merchants of all kinds, and dealers in futures, keepers of slaughter-houses, beef markets, green grocers, dealers in fresh oysters, vegetables, fruits, breads, and other articles of food; contractors and builders, and all merchants or artisans, barber shops, junk-shops, pawnbrokers, and upon all and every other establishment, business, calling, trade, or avocation not hereto mentioned, and which under the Constitution and laws of Georgia are subject to license or specific tax. License and control of business, etc. Enumeration of powers and object in this section shall not restrict. Not restricted. 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. Powers. Section 44. Power to Revoke Licenses. Said mayor and 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 aldermen are hereby authorized and empowered to

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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. Unfair competition. Section 45. Tax Sales, Redemption. Said mayor and aldermen 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 Roberta 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 court-house of Crawford 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 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

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weeks in the public gazette wherein the sheriff's sales are advertised, or in some other newspaper published in the Crawford County, 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 sheriff's of the State have. Tax levies and sales under execution. Whenever it shall become necessary to levy such an execution outside of the City of Roberta, 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. Executions. 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. Title on sale. 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. Redemption. 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, of real, personal and otherwise subject to taxation by said city. Said mayor and aldermen are hereby constituted such a Board of Tax Assessors; provided said mayor and aldermen may elect a Board of Tax Assessors in January of each year to serve for that year, in which event said board shall 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

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charter with reference to tax matters shall be construed to refer to said mayor and aldermen, if acting as tax assessors and provided herein, or to the board of three members if such has been elected by said mayor and aldermen 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 aldermen for any year, the property owned by said three members shall be assessed by the mayor and aldermen in that year. Tax-assessors. Duties and powers. 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 Roberta 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 Roberta 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, 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,

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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. Assessments for taxation. Section 48. Tax Assessments, Notices, Hearings. When any property subject to taxation by the City of Roberta 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 bearing 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 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. Notice and hearing.

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Said mayor and aldermen shall have authority to make said decision after full hearing, final and abolish appeals to arbitrators as set forth elsewhere in this charter. Appeals. 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 arbitration, 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 Roberta and shall own real estate therein (and any alderman may be selected by either party, unless said mayor and aldermen 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. Appeal. Such appeals are in lieu of any other appeal. Provided, the mayor and aldermen 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.

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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 Roberta 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 Crawford 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. Payment due. Costs. Execution sales. Said mayor and aldermen 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. Costs. Section 53. Tax Sales; Redemption Recitals in Deeds. All sales of property under execution in favor of the City of Roberta 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

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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 aldermen, 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. 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 Roberta shall be evidence of the facts recited. Recitals as 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 Crawford Superior Court or the Justice Court of the 1574th District, G. H., said county according as the jurisdiction thereof may be. Claims and affidavits of illegality. Section 55. Sinking fund. It shall be the duty of the mayor and aldermen 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 Crawford Superior Court and to be punished as for a misdemeanor. Bond sinking-fund. Section 56. Airports. The mayor and aldermen of said city shall have all rights, powers, and privileges with reference 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 Roberta is authorized to own and operate a system of waterworks

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for applying water for all purposes to all persons, residents herein, and to other persons as provided herein. The mayor and aldermen 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 aldermen 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 Roberta shall also have power and authority to own and operate and control and regulate for the best interest of the said City of Roberta any other public utility. Utilities. Section 59. Municipal Golf Course. Committee. The said mayor and aldermen of the City of Roberta 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 aldermen 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 aldermen for the government of said municipal golf course, and said mayor and aldermen shall have full 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 aldermen shall deem it necessary, they shall have

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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 Roberta, 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 aldermen. Golf course. Section 60. Appropriations and Fees. Golf Course. Said mayor and aldermen 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 aldermen, to be used in maintaining, conducting and operating 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 Roberta, and may be expended by the mayor and aldermen for any other purpose. Maintenance appropriations. Section 61. Police Court. Jurisdiction Power. There shall be a police court established for the City of Roberta 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 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

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of Roberta or, in his absence or disability, by the mayor pro tem., or, in his absence or disability, by any alderman designated by the mayor, which presiding mayor pro tem. or aldermen shall be clothed with the same powers as is granted to the mayor. Police court. Powers. Section 62. Punishment, etc. Powers of the Mayor. The mayor of the City of Roberta shall have power to impose fines for the violation of any law or ordinance of the City of Roberta, passed in accordance with its charter, to an amount not to exceed five hundred ($500.00) dollars, or to imprison offenders in the city jail or the county jail of Crawford County for the space of not more than ninety days, or at labor on the public works and streets of the City of Roberta 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 thirty days or labor upon the public works and the streets of the City of Roberta 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 Crawford County, or admit them to bail in bailable cases for their appearance at the next term of a court of competent jurisdiction to be held in and for said county. Mayor's jurisdiction.

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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 Crawford 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. Commitments. 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 Crawford County, under the laws of the State of Georgia regulating the granting and issuance of writ 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 aldermen 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. Duties of 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. Court practice. Section 67. Administrations of Court. The mayor and aldermen shall have full power and authority to pass all laws and ordinances, rules and regulations necessary and proper to secure the efficient and successful administration of this court, regulating the cost of appeals

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and certiorari, and providing for the forfeiture of all bonds. Court regulations. Section 68. Remission of Sentence, etc. The mayor of said City of Roberta 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 aldermen which body shall have full power, after a full hearing to commute, remit, suspend, or modify the sentence imposed. Sentences; remission. Appeal. Section 69. Officers of Court. The ministerial officers of the mayor's court shall be the marshal and policemen of the City of Roberta to whom all mesne and final processes shall be directed. All of said officers of 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 Roberta 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 Crawford 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 trial and all bonds may be forfeited as hereinafter provided. Arrests. Bail.

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The mayor and aldermen may designate who shall take such bonds, in which event no other person may take them. Bonds. 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 Roberta, 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 Roberta. Appearance bonds. Cash bond. Section 73. Counsel. All persons put on trial in the police court shall have opportunity to employ counsel if they so desire. Counsel. Section 74. Sessions of Court. The police court of said city shall be held at such times and place as the

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mayor and aldermen may designate and as often as may be necessary to try all offenders against the city ordinances, and to commit for State offenses. Court trials. 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 aldermen 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 aldermen 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 aldermen 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 aldermen. General authority, subject to control and direction by the mayor and aldermen, may be delegated to a fire committee or such other committee as the mayor and aldermen may deem proper. Fire department. Section 77. Markets. License and Control. The mayor and aldermen 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 regulations necessary and proper to control and regulate the markets and marketing in

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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. License and regulation. Section 78. Appointment of Committees. All committees provided for in this charter shall be appointed by the mayor with the approval of the aldermen, at the first regular meeting in each year. The mayor, with the approval of the aldermen, 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 aldermen shall have power and authority to regulate and prescribe by ordinance those acts, doings and conditions which shall constitute a nuisance and may provide ordinance for the abatement thereof and for the punishment of those people responsible thereof. 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 Aldermen. The mayor and aldermen 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, livery-stables, forges, stoves, and chimneys,

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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 busses 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 interests 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 city; and they may abate or cause to be removed anything that works a nuisance, or should become injurious or detrimental to the health of, or endanger the lives of the people of the city; they shall have the right to condemn the property for all public purposes, as provided by the laws of this State. Powers of mayor and aldermen. Section 81. Paving, etc., Streets and Sidewalks. Assessments Against Property Owners. Sales. The mayor and aldermen of said city shall have power and authority to grade pave, macadamize, or otherwise improve the drainage and conditions 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 aldermen 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 aldermen shall have authority to assess one-third of the cost of the grading, paving, or macadamizing, constructing side-drains, crossings, or otherwise improving

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the roadway or street proper, on the real estate abutting on the one side of the street improved, and one-third of 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 aldermen, 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 aldermen may prescribe. Said mayor and aldermen shall have full power and authority to equalize, by an ordinance passed for that purpose, the assessment against all real estate for above purposes, as to them may seem just and proper, estimating the total cost of each improvement made, and prorating the cost thereof on the real estate according to 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 aldermen shall have power and authority to enforce collection for the amount of any assessment so made for work, either upon the streets or sidewalks, by execution issued by the city clerk against the real estate improved and assessed, for the amount assessed against the owner at the date of the ordinance making such assessment, which execution may be levied by the marshal or any 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,

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shall have authority to eject occupants and put purchasers in possession; provided, the owner of said real estate shall have the right to file his affidavit denying 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 Crawford 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 aldermen 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 aldermen 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. Street paving and other improvements. Assessments. 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 from Improvements, Etc. Said City of Roberta shall have power to issue and sell interest

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bearing negotiable bonds of the municipality for the purpose of purchasing lands, buildings, erecting buildings, improving property, purchasing equipment, purchasing improvements, paying for condemned property taken for public use, whenever necessary and authorized by general law and whenever the provisions of the general laws and 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. Section 83. Additional Tax for Bonds. Should the mayor and aldermen 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 should be separately assessed, levied, and collected for the specific purpose herein designated, and shall not be used or applied to any other purpose whatever.

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Said mayor and aldermen are hereby authorized to issue interest coupons, payable annually, for the interest on said bonds. Levy separate. 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 aldermen may determine for the best interest of said city and the speedy execution of the objects of this Act. Bonds. Section 85. Illegal Sale of Liquor. Said mayor and aldermen 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 Roberta, 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 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. Intoxicating liquors. Section 86. Churches and Cemeteries. The mayor and aldermen 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. Burials.

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Section 87. Fire Limits. Buildings and Permits. The said mayor and aldermen shall be vested with full power and authority to regulate and control fire hazards and the prevention of fire, to establish and fix fire limits within said city, 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 aldermen 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 aldermen. If the builder or owner thereof fails or refuses to remove same after thirty days notice, then the mayor and aldermen 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 structures. Section 88. General Welfare. That said mayor and aldermen 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. 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 Roberta Public Schools, one competent physician, and one or more citizens to be

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appointed and qualified; the citizens appointed on said board of health shall hold no other municipal office during their term as a member of the board of health. The mayor and aldermen 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 aldermen 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 preservation 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 aldermen 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 aldermen all persons selling any impure articles, and the said mayor and aldermen shall provide by ordinance a penalty for all persons so offending. The said board of health shall look after the general 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 aldermen 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 aldermen shall have all the powers above conferred on the board of health. Health. Powers of board. The mayor and aldermen shall have authority to appropriate funds of the city to effectuate the purposes of this section. Appropriation.

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Section 90. General Powers of Mayor and Aldermen over Streets, etc. The mayor and aldermen shall have power 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 Roberta, 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 Roberta 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 and sidewalks, etc. The mayor and aldermen of the City of Roberta 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, etc. Section 91. Zoning and Planning Laws. The mayor and aldermen of the City of Roberta 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 house, dwellings or other uses of property; or for the purpose of regulating the height

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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; 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 aldermen 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 aldermen shall have full power and authority over the absolute control of all pipes, sewers, private drains for the filth water or other substances 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

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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 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 said 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

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one after notice for the purpose of the 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 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 alderman 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 aldermen 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. Health regulations. Section 94. Power to Require Drainage, etc. The mayor and aldermen 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 and/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 aldermen, for

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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 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. Section 95. Control of Domestic Animals. The mayor and aldermen 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. 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 street. Said mayor and aldermen 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 aldermen shall have power, whenever they deem 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 Roberta Chamber of Commerce, or by some other suitable name, and the said mayor and aldermen may prescribe the scope of its power, its organization, the duties devolving upon its membership and its officers, and appropriate such sums for its maintenance and operation

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as the said mayor and aldermen may 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 Roberta, and to bring new industries and new trade into said city, such activities to be judged by mayor and aldermen. Commerce. Section 97. Furnishing Water and/or Lights to Non-Residents. The mayor and aldermen 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 interferring with the service of the city water plant, or light plant, to the inhabitants of the city. Light and water to non-residents. Section 98. Franchises. The mayor and aldermen shall have power and authority to grant the right to use any street or streets, alleys, or other passageways in said city for railroad, telegraph, telephone, gas, water, and electric light. In granting such franchises they shall fully and completely guard and protect every interest, present and future, of said city, and no franchise hereunder shall carry with it any right or power except as/or specifically set forth, enumerated and named herein. Franchises. Section 99. Power to Preserve Order, etc. The mayor and aldermen of Roberta 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 Laws of this State. Preservation of order. Section 100. Power over Streets. Paving. The mayor and aldermen of the City of Roberta shall have the power and authority to open, close, lay out, widen, straighten,

Page 1323

or otherwise change the street, alleys, sidewalks, crossings, or other passage ways of said city, and shall have the power to vacate, close up, open, alter, grade, and fill, curve, 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 same, and shall also have the power to prescribe by ordinance for the curbing, paving of all squares, triangles, and intersections of said city, as they may deem necessary from time to time; they shall prescribe the kind of material to be used in such construction, and shall fix the time when notice shall be given and when work shall be completed, to supervise the construction of same, and to 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 aldermen are hereby empowered to issue execution 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 any other part of this charter shall be construed as to confer any ministerial power on said mayor and/or aldermen over the streets, crossings,

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sidewalks, pavements, public buildings, or public works, of said city, but the mayor and aldermen 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 within the limits of said city, of the character referred to in this and the preceding sections. Street paving, etc. Section 101. Condemnation and sale. The mayor and aldermen 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 101A. Park Commission. The mayor and aldermen 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. Commutation Tax. All male residents of said city between the ages of 21 and 60, who have resided in said city for 30 days before the first day in January, 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 $3.00 as the mayor and aldermen may determine. Should any person liable to work the streets under this section fail or refuse to do so, or to pay the street tax assessed in lieu thereof after having received 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

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of the mayor. Enforcement of this section shall be within the discretion of the mayor and aldermen. Street tax or work. Section 103. 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/or aldermen of the City of Roberta, or either of them, in accordance with the provisions and ordinances passed in pursuance thereof. Charter. Section 104. Guard house. Confinement therein. Said mayor and aldermen shall have authority to establish a guard-house, and provide regulations for the same in which to confine for punishment, when necessary, persons sentenced by the mayor for violating any of the 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 crime, and the marshal or any policeman of the city shall have the right to take up all disorderly person or persons and confine them in the guard-house to await their trial. Confinement of persons. Section 105. Running of trains and buses. Terminals. The mayor and aldermen shall have full power and authority to regulate the running of all railroad train and bus lines in the city, as well as all terminals, and to prescribe the manner in which same may be run, and the rates of speed, and to provide for the necessary terminal and operation thereof. Regulation of carriers. Section 106. Continuing present charter. Provisions. All other Acts heretofore approved by the General Assembly to Town and/or City of Roberta, except such part and parts thereof as may be in conflict with this Act be, and they are, hereby continued in operation, confirmed, and consolidated with and made a part of this Act. Powers continued. Section 107. Continuing present ordinances etc. This Act shall not abolish any of the ordinances rules or regulations

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in said city, except where they come in conflict with this charter, but shall preserve and continue the same. Ordinances. Section 108. Condemnation of property. The City of Roberta shall have the power and authority to condemn land and property for any public use, to wit: For streets, alleys, side walks, ditches, drainage, schools, school grounds, public play grounds, parks, public libraries water-works, 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 powers. Section 109. In the event, any article, section, paragraph, or provisions 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 imparing the validty of the remaining part, unless expressly so held by a court of competent jurisdiction. In the event the General Assembly shall have granted herein to the City of Roberta any powers or authorities in excess of any such permitted by the Constitution and Laws 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. Invalid parts of Act. Section 110. All laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Section 111. That all the provisions of said charter shall become effective and in full force immediately after said charter is approved. Approved December 10, 1937.

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ROME CHARTER AMENDMENTS. No. 43. An Act to amend an Act creating a new charter and municipal government for the City of Rome; define the rights and powers of the municipality, define the corporate limits thereof, to repeal all former charters and all laws in conflict therewith, as approved August 19, 1918 and the laws 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: Act of 1918 amended. Section 1. That all officers and members of the Fire and Police Departments of the City of Rome, including the chiefs of said departments, must and shall be under and governed by the Civil Service regulations, under the direction and supervision of a Board of Civil Service hereinafter created, and all persons who may hereafter be elected or appointed as officers or members of such departments shall thereafter remain and continue in their respective employment as such municipal officers and employees during good behavior, efficiency and obedience to such reasonable rules and regulations as may from time to time be prescribed by said Civil Service Board, as hereinafter provided; provided, however, that nothing herein contained shall be construed to prevent or preclude the removal of any officer or member of said fire or police departments of the City of Rome by said Civil Service Board for cause, in the manner hereinafter prescribed. Civil service regulations of firemen and policemen. Section 2. The following definition, as used hereinafter, shall apply: Members of the Fire Department: The words Members of the Fire Department, as used herein, shall mean and include the chief of the fire department, assistant chief of the fire department, captains, lieutenants,

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engineers, assistant engineers and firemen, building and electrical inspectors, and all others who are regularly carried on the payroll of such fire department, and in addition to those specifically named hereinbefore such others as such Civil Service Board may find and designate to properly be such members, respectively, of said fire department. Words defined. Members of the police department: The words Members of the Police Department, as used herein, shall mean and include the chief and all officers of said department, the patrolmen, plain clothesmen, and such other persons as such Civil Service Board may find and designate to properly be such members, respectively, of said police department. Section 3. Within thirty days after the passage and approval of this Act, the Rome City Commission shall appoint a resident of said city as a member of said Civil Service Board for a term of four years; the members of the fire and police departments, by secret ballot, shall elect a resident of said City of Rome as a member of said Civil Service Board for a term of six years, which election shall be certified by the chiefs of the fire and police departments to the Rome City Commission and entered upon the minutes of said commission. The two men so selected shall select a third citizen of Rome for a term of two years, whose selection shall be in writing and signed by them and entered upon the minutes of the Rome City Commission. At the expiration of the term of each member, the election shall be thereafter by the same method and all persons shall be elected for a full period of six years; the board shall consist of three members at all times. In the event of a vacancy upon said board caused by death, resignation or other cause, the vacancy shall be filled by election by either the Rome City Commission, the members of the fire and police departments or the two members of said board, who shall elect such successor for the

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unexpired term, such vacancy to be filled in the same manner as the deceased or retired member had been elected. No person shall be eligible to be a member of said board who holds any office of profit or trust under the city, county or State, or who is less than twenty-five years of age or over sixty-five years of age, and who is not a bona fide resident and qualified voter of said city. Civil Service Board. Election and terms. Eligible persons. Section 4. Every person who shall be elected as a member of such Civil Service Board according to the provisions of this Act shall, within fifteen days after such election, qualify by taking oath that he is eligible for said office and will execute the duties of the same according to the best of his knowledge and ability, and such other oath as may be required by the charter of the City of Rome and the laws of the State of Georgia of public officials. Such oath shall be administered by any person authorized by law to administer oath, and a copy thereof filed with the Secretary of the Rome City Commission. Oath of office. Section 5. The Civil Service Board shall make rules and regulations to carry out the purpose of this Act, and for examinations, appointments and removals in accordance with its provisions, and the board may, from time to time, make changes in such rules. The chiefs of the fire and police departments, respectively, shall, from the membership of their respective departments, recommend for promotion such persons as the occasion may call for to fill any vacany or vacancies that may occur in said departments and all such vacancies shall be filled and promotions shall be made by the Civil Service Board. Said board shall make rules and regulations relating to the eligibility for promotion. The chiefs of the fire and police departments shall have authority to demote any member of their respective departments by and with the consent and approval of the Civil Service Board; provided, however, that upon written demand filed with the Civil Service Board within five days from the date of the

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order of demotion the person whom it is proposed to demote shall be given a public hearing by the Civil Service Board before any order of demotion shall be final. The chiefs of the fire and police departments shall have authority to suspend any member of their respective departments pending hearing by the Civil Service Board. In the event any vacancy shall occur in the office of the chief of the fire department or in the office of chief of the police department, such vacancy shall be filled by the Civil Service Board. In the event there is a reduction in the number of firemen or policemen employed by the City of Rome (such number is to be fixed by the Rome City Commission), the men last employed shall be the first to be dropped, and so on in succession; provided, however, that the number of men in the fire department who are qualified as mechanics shall not thereby be reduced below the number which may from time to time be determined by the Rome City Commission as needed for mechanics in said department. Rules and regulations. Promotions. Rules and regulations. Demotions. Suspensions. Section 6. All applicants for place or position on the fire and police departments shall file their applications in writing with the Civil Service Board, said applications to be on the blank forms furnished by the board, and all applicants must be subject to examination, which shall be public, competitive, and open to all citizens of the United States, within limits as to age, health, habits and moral character, to be fixed by said Civil Service Board. Said examinations shall be practical in their character and shall relate to those matters which will fairly test the capacity of the persons examined to intelligently discharge the duties of the position to which they aspire. Applications. Examinations. Section 7. The board shall control all examinations, and whenever an examination is to take place, shall conduct such examination. Every applicant for examination shall pay to the city clerk the sum of $1.50, and the receipt therefor shall be attached to his application. Applicant's payment.

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Section 8. The chiefs of the fire and police departments shall notify the Civil Service Board of any vacancy in the membership of their respective departments and the board shall furnish the chief with the name and address of the candidate or candidates standing highest on the eligible list and such person shall receive the appointment or appointments to fill such vacancy or vacancies. All appointments shall be on probation for a period of six months from the date of the appointment, and at any time before the expiration of said probationary period the chiefs of the fire and police departments, respectively, with the consent of the Civil Service Board, may discharge any probationer in their departments upon assigning, in writing, his reasons therefor to the Board, and such probationer shall not be entitled to a hearing upon such charges. If a probationer be not discharged before the expiration of his probation, his appointment shall be deemed complete. Vacancies to be filled. Probationary appointments. Discharges. Section 9. No member of the fire or police department shall be removed or discharged, nor shall the chief of the fire department or the chief of the police department be removed, discharged or demoted except for cause upon written charges or complaint and after an opportunity for an open public hearing in his own defense by the Civil Service Board. Such charges shall be served upon such person at least five days before the date fixed for such hearing. Such charges shall be investigated by and before the Civil Service Board after service upon the person charged with a copy of the charges, as hereinbefore provided. The decision of the board thereon shall be given in writing to the accused, and a copy thereof filed with the Clerk of the Rome City Commission. In all proceedings before the Civil Service Board the city attorney shall appear and represent the interest of the city when ordered to do so by the Civil Service Board. The person against whom charges are preferred shall have the right to employ counsel to represent him on the hearing before

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said board. Said board shall have power to subpoena witnesses, both in behalf of the city and of the accused, and to require the production of any books, papers or records material to the issues in said case, by subpoena to be issued in the same manner as subpoenas are issued by the Recorder's Court of the City of Rome, signed by the chairman of said board, and said board shall have power to punish for contempt by a fine not exceeding $10.00 or imprisonment not exceeding five days any person wilfully failing or refusing to obey such subpoena. Cause for discharge. Notice and hearing. Decisions. Counsel. Evidence. Contempts. Section 10. In the course of any investigation by said Civil Service Board; any member thereof shall have the power to administer oath to any witness. Oath. Section 11. The Civil Service Board shall at all times have access to all files records and data of the fire and police departments of the City of Rome, and on request to either the chief of the fire department, the chief of the police department or the Secretary of the Rome City Commission must be furnished with any such record information, and upon their request the chief of the fire department or the chief of the police department shall furnish to them the name of any officer or fireman or member of either department whom they may suggest for the purpose of making any investigation concerning the operation of said department or the conduct of any member of said department. Information of record. Section 12. Said Civil Service Board shall elect one of its members as chairman, who shall hold office as such chairman at the pleasure of the board. Said Civil Service Board shall hold regular meeting on the third Mondays in January, April, July and October, for the transaction of any business that may come before it and may hold special, adjourned or call meetings at any time that the same may be called by the chairman of said board or by any two members thereof. All meetings of the board shall be held in the city hall of the City of Rome. Chairman. Meetings.

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Section 13. Said Civil Service Board shall keep minutes of their meetings and records of all business transacted by them at each and every meeting. All such minutes and records shall be open to inspection at all times by the public and shall be on file in the office of the Secretary of the Rome City Commission. Minutes and records. Section 14. The compensation of said Civil Service Board shall be $5.00 for each member for each meeting attended, not in any event to exceed the sum of $60.00 per annum. The Rome City Commission shall provide for the payment of the salaries of said Civil Service Commission and the payment of all expenses of the Civil Service Commission and shall provide in the annual budget for the estimation and appropriation of a sufficient amount to cover the salaries and expenses of said board. Pay of board members. Section 15. No officer or employee or member of said fire or police departments shall solicit orally or by letter or otherwise or receive or be in any manner concerned in soliciting or receiving any assessment or subscription or contribution for any candidate or for any political party or political purpose whatsoever. Solicitation or contribution forbidden. Section 16. No member of said fire or police departments shall in any wise undertake or threaten to degrade, discharge or demote, or in any manner change the official rank or pay of any officer or employee of said departments, or promise or threaten to do so, for giving or withholding or neglecting to make any contribution of money or any valuable thing for any person, party or for any political purpose whatsoever, or for the support of any candidate. No member of said fire and police departments shall receive any promotion as a reward for his support of any candidate or political party, and no member of said fire or police departments shall be reduced in rank or pay or demoted or discharged for his failure to support any candidate for political office. Threats unlawful. No reward.

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Section 17. No recommendation made by any officer or official, whether said officer or official be a city, county, state or national officer or official, of any person being examined for membership in said department shall be considered by the Civil Service Board except as the same may apply to the general moral character of the applicant. Recommendations limited. Section 18. Any member of the fire or police departments, by appointment under the Civil Service rules who shall wilfully, or through culpable negligence, violate any of the provisions of this Act, or the rules of said Civil Service Board or of said fire or police departments shall be dismissed from the services of the city, as hereinbefore provided, and shall not be subject to reappointment for two years thereafter. Dismissal for violation. Section 19. Any officer or employee of the city other than those holding office under the Civil Service rules who shall wilfully or through culpable negligence violate any of the provisions of this Act shall be guilty of a misdemeanor, and on conviction thereof in the recorder's court shall be fined a sum of not less than $50.00 nor more than $500.00 or sentenced to serve not less than ten days nor more than thirty days in the jail of said city. Penalty for violation. Section 20. Every member of the fire and police departments of the City of Rome coming within the provisions of this Act who shall have been such member for a period of four years, though not consecutively, prior to the day upon which this Act shall go into effect shall retain his position without examination, and be subject to all the conditions and benefits of this Civil Service Law. This provision shall apply to the chiefs of said departments, the assistant chiefs and all officers in their present position. Retention of position without examination. Section 21. No person shall be eligible to take the Civil Service examination or to be appointed as a member of the fire or police departments of the City of Rome, under

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the provisions of this Act, who is not a citizen of the United States or who has ever been convicted of a felony, or who does not possess a good moral character. Eligible persons. Section 22. The Civil Service Board shall, within thirty days from their appointment, adopt and have printed such rules and regulations for the government of the fire and police departments, in accordance with the provisions of this Act, as may seem necessary. Said board shall have the power and authority to fix the maximum and minimum age limits of applicants for examinations, and may specify the weight, height and other physical requirements of all applicants. Any member of the Civil Service Board who shall violate any of the provisions of this Act shall be subject to removal by a majority of the Rome City Commission after having been served with written notice of the charges against him five days before the date set for said trial and the finding of the said Rome City Commission upon said hearing shall be final and conclusive and such person shall not thereafter be eligible to re-election upon said board for a period of five years. His successor shall be elected in the same manner as he was elected. Rules and regulations. Section 23. Be it further enacted that section 16 of the Act approved August 19, 1918, providing a new charter for the City of Rome, be amended by stiking out of lines 20 and 21 of said section the words chief of police, chief of fire department, as the same appear in the published Acts of the General Assembly of Georgia of 1918, at page 827. Act of 1918, sec. 16, repealed. Section 24. Be it further enacted that section 100 of the Act approved August 19, 1918, providing a new charter for the City of Rome, be amended by striking out of said section the words The chief of said department shall be appointed by the city manager, subject to the approval of the commission. The foremen and firemen shall be appointed by the chief of the department, subject to the approval of the city manager. Act of 1918, sec. 100, amended.

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Section 25. Be it further enacted that section 3 of the Act of the General Assembly amending the charter of the City of Rome approved August 28, 1931, be and the same is hereby amended by striking out of the twelfth, thirteenth, fourteenth, fifteenth, sixteenth, seventeenth and eighteenth lines of said section the following words, to wit: The chief of police shall be appointed by the city manager, subject to the approval of the commission; the officers, patrolmen, roundsmen and other arresting officers shall be appointed by the chief of police, subject to the approval of the city manager. Act of 1931, sec. 3, amended. Section 26. Be it further enacted by the authority aforesaid, that the Act approved August 8, 1929, amending the charter of the City of Rome, be and the same is hereby amended by adding at the end of section 11 of said Act the following provision, to wit: Provided, however, that for the purpose of providing the city's portion of the cost of flood control, and for the purpose of securing the necessary rights-of-way, and providing equipment therefor, and for the purpose of securing rights-of-way on any State highway to be constructed through the City of Rome, the Rome City Commission shall have the right to levy a special tax for the year 1938 for said purposes of not more than 1/2 of 1% of said assessed value, the proceeds thereof to be devoted exclusively to said purposes. Act of 1929, sec. 11, amended. Special taxes. Section 27. Be it further enacted by the authority aforesaid that the Civil Service Board shall not have authority to authorize any member of the fire department or police department to be retired upon pension without the approval and authority of the Rome City Commission. Retirement pensions. Section 28. Be it further enacted by the authority aforesaid that section 10 of the Act of the General Assembly approved August 8, 1929, amending the charter of the City of Rome, be amended by adding at the end of section 10 the following, to wit: Provided further that the provisions of this section shall not apply to any closing or

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changing of any street, lane or alley necessary for flood control or made necessary for the construction of any state highway within the City of Rome, and for these purposes the Rome City Commission may, by resolution, in its discretion, close, abandon, dispose of and sell any street, lane or alley within said city. Act of 1929, sec. 10, amended. Closing of streets, etc. Section 28a. Be it further enacted by the authority aforesaid that within five (5) days after the approval of this Act the Rome City Commission shall call an election to be held within ten (10) days of said call for the purpose of submitting to the qualified voters of the city the ratification or rejection of this Act. Said election to be held under such rules and regulations as may be adopted by said commission by resolution at a special meeting called for that purpose. No special registration of voters shall be required, but all persons who were qualified to vote in the last general election held in said city for the election of city Commissioners shall be qualified to vote in said special election as well as those who have subsequently become qualified. At said election all persons who favor the adoption of this amendment to the charter of the City of Rome shall have written or printed on their ballots the words for amending the charter of the City of Rome, and all persons who are opposed to this amendment to the charter of the City of Rome shall have written or printed on their ballots the words against Act amending the charter of the City of Rome. If a majority of the votes cast in said special election shall be for the Act amending the charter of the City of Rome then this Act shall immediately go into effect upon the declaration of the result of said election by the Rome City Commission. If a majority of votes cast in said special election shall be against the Act amending the charter of the City of Rome then this Act shall be null, void and of no effect. Referendum of this Act. Election. Voters. Ballots.

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Section 29. 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 December 21, 1937. ROME CHARTER AMENDMENTS. No. 218. An Act to amend an Act entitled `n Act to Create a New Charter and Municipal Government of the City of Rome; to define the rights and powers of the municipality, to define the corporate limits thereof, and to repeal all former charters and laws in conflict therewith,' approved August 19, 1918, as amended; 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 creating a new charter and municipal government for the City of Rome, approved August 19, 1918, as amended, be and the same is hereby amended as follows, towit: Act of 1918 amended. Section 1. That the Rome City Commission shall, by resoltuion, adopted at any regular or called meeting, levy for the year 1938 a special tax for the purpose of flood control and highway rights-of-way, as authorized by the Act of the General Assembly, amending the charter of the City of Rome, approved December 1937, not in excess of five mills, and shall designate a bank within the City of Rome as depository for said special fund, in which bank all taxes collected shall be deposited to said special fund, and which resolution shall estimate the gross amount to be derived from the levy of such special tax. Flood-control and highway taxes. Section 2. The said Rome City Commission shall have authority to cause to be drawn on said bank orders

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for the payment of said funds so deposited, as derived from said special levy, and if, when said orders are presented, there shall be no funds on deposit available for the payment thereof, they shall bear interest at such rate, not to exceed 7% per annum, as may be prescribed and fixed by resolutions of the city commission of said city duly adopted and entered upon the minutes of said commission, and said interest shall begin and run from the date presentation for payment is made and payment refused; provided, however, interest shall begin to run and be payable from the date such orders have entered thereon the date the same was presented for payment and payment thereof refused, and it will be the duty of the depository to enter on such orders, should payment thereon be refused, an entry or endorsement as follows: Presented for payment; no funds on hand with which to pay the same. This..... day of....., 19....., which said entry or endorsement shall be signed by said depository. Orders for payment. Interest rate. Entry on refusal of payment. Section 3. Be it further enacted by the authority aforesaid that said orders, issued as aforesaid, shall not bear interest after the expiration of six months following the date of their presentment for payment, unless such orders are again presented and payment thereof refused and there is entered and endorsed thereon the date of such presentation and refusal in substance and form as provided in section 2 of this Act; and such orders issued as aforesaid shall be presented for payment to said depository each six months thereafter, and if not paid on presentation a like entry shall be entered and endorsed on said orders, and thereafter the same shall bear interest as provided in this Act. Interest, when stopped. Section 4. Be it further enacted by the authority aforesaid that when said depository shall have on hand funds of said city sufficient to pay all outstanding orders issued under and by authority of this Act, they may

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be paid indiscriminately without regard to their dates of presentation for payment when so authorized by resolution of said commission duly adopted; when there is sufficient funds on hand to pay all orders dated as having been presented for payment anterior to some particular date, all such may be likewise paid indiscriminately; under all other circumstances they shall be paid in the order of the dates of their presentment for payment. Payment of orders. Section 5. Be it further enacted by the authority aforesaid that it is hereby made the duty of the secretary of said commission to furnish to such depository, immediately upon issuance, a full statement of all orders issued under and by authority of this Act; and from time to time, as funds may be available for such purpose, said depository shall call for payment any of said outstanding orders, as directed by resolution of said commission duly adopted, notice of any and all calls for payment to be published at least once in a newspaper having general circulation in said city, and if any of said orders are not presented for payment when called as herein provided, interest on the same shall thereafter cease. Statements. Publication of notice. Section 6. Be it further enacted by the authority aforesaid that the Rome City Commission may supplement said fund in the hands of said depository by depositing therein other funds of the city not otherwise expressly appropriated. Supplement of fund. Section 7. Be it further enacted by the authority aforesaid that the authority to issue said orders as given in section 2 of this Act shall continue only during the year 1938. Authority limited. Section 8. Be it further enacted by the authority aforesaid that section 3 of the Act approved March 23, 1933, entitled: An Act to amend and Act (as amended) entitled `An Act to create a new charter and municipal government

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for the City of Rome; to define the rights and powers of the municipality; to define the corporate limits thereof; and to repeal all former charters and all laws in conflict therewith,' approved August 19, 1918; to provide for the deposit of marketable bonds by the city depository in lieu of a surety bond; by providing for the making of temporary loans for casual deficiencies by the city commission; to prescribe the prerequisites for making such loans; to provide for the deposit in the city depository of the funds collected by the secretary of the Rome City Commission, to pay the principal and interest of street-improvement bonds, in the city depository; to require a surety bond for the deposit of marketable bonds by the city depository, to secure the funds deposited for the payment of the principal and interest of street-improvement bonds; to change, enlarge, and extend the territorial limits of the City of Rome; and for other purposes, be and the same is hereby amended by striking out of said section, wherever they occur, the figures $74,000.00 and inserting in lieu thereof the figures $100,000.00, so that, as amended, said section shall read: Act of 1933, sec. 3, amended. Section 3. Be it further enacted by the authority aforesaid, that section 53 of said Act be and the same is hereby amended by adding at the end of said section 53 of said Act, and as a part of said section, the following: The City of Rome may make temporary loans to meet deficiencies and in anticipation of the collection of current revenues for the year, for the payment of expenses, in accordance with the budget to which such revenues are applicable, of not more than $100,000.00, and within the revenues available for the year. Any money so borrowed shall be on a note duly executed in the name of the City of Rome by and the first Commissioner and the secretary, with the seal of the city attached. The making of such note shall be authorized by a resolution adopted in regular meeting, stating the purposes of the loan, how the proceeds

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thereof shall be used and applied, and the particular revenues anticipated, and when the collection of such revenues is expected. Such loan when so made shall be placed in a special account, and checks shall be drawn on such account only for the purpose of the loan. The resolution shall fix the amount of interest, and a copy of the resolution duly certified by the secretary under the seal of the city shall be attached to the note. Thereupon such revenues anticipated shall be first applied to the payment of such note, and they shall not be used for any other purpose until such note is paid according to the terms of the resolution. Temporary loans. Special account. Application of payment. Section 9. Be it further enacted by the authority aforesaid that all laws and parts of laws that are in conflict herewith be and the same are hereby repealed. Approved January 21, 1938. ROYSTON ZONING AND PLANNING. No. 168. An Act to authorize the City of Royston to enact zoning ordinances and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby exacted by authority of the same: Section 1. By virtue of authority conferred upon the General Assembly by article 3, section 7 of the Constitution of Georgia, as amended, in 1937, the City of Royston and the governing authorities of said city are hereby authorized and empowered to enact zoning and planning laws whereby the said city may be zoned or districted for various uses and purposes, 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 plans for development and improvement of real estate therein. Authority to enact laws.

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Section 2. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved January 17, 1938. SAVANNAH CHARTER AMENDMENTS. No. 303. An Act to amend the charter of the City of Savannah and the several Acts amendatory thereof, incorporating the Mayor and Aldermen of the City of Savannah, relating to and supplementary thereto; 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: Charter amended. Section 1. In addition to the existing provisions of the charter of the City of Savannah there is hereby created a budget commission consisting of the mayor, comptroller, chairman of the finance committee of council, and two other members of the Council of the Mayor and Aldermen of the City of Savannah. The said two other members of council shall be elected by council, and shall serve thereafter during the term for which they were elected aldermen. Budget commission. Section 2. On or before the 31st day of December in each year after the year 1937 the budget commission shall estimate the amount of revenue of the City of Savannah for the following calendar year together with a tentative appropriation bill. The estimate of revenue shall include only an estimate of: Estimate of revenue. (a) Receipts from current taxes on real property, excluding taxes based upon assessments made through the office of the Comptroller-General of the State of Georgia, at no larger proportion of the amount of such

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taxes for such year than was collected in cash during the year preceding the year for which the budget is made from the taxes of such preceding year on real property, excluding taxes based upon assessments made through the office of the Comptroller of the State of Georgia; Sources specified. (b) Receipts from valid executions on real property not more than seven years old at no larger proportion of the total amount of such executions than was collected in cash in the year preceding the year for which such budget is made from the executions on real property less than seven years old outstanding at the beginning of such preceding year; (c) Receipts from executions on personal property at no larger proportion of the total amount of such executions less than seven years old outstanding at the beginning of such year than was collected in cash in the year preceding the year for which such budget is made from the amount of executions on personal property less than seven years old outstanding at beginning of such preceding year; (d) Receipts from all other sources, including current taxes on personal property and taxes based upon assessments made through the office of the Comptroller-General of the State of Georgia, at no more than the amount in dollars received in cash from such sources during the year preceding the year for which such budget is made; provided that if the budget is finally adopted in the December preceding the year for which it is made, collections in the year preceding the year for which the budget is made shall be deemed in each case to be actual receipts for the twelve months immediately preceding the first day of such December. Section 3. The budget shall contain appropriations for: (a) The sums necessary to pay the interest on the bonded debt of the city; Appropriations, purposes of.

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(b) The sums necessary to pay the principal of all serial bonds maturing in the year for which such budget is made; (c) The sums required to be paid into the sinking fund by the terms of any ordinance for the issuance of bonds; (d) Other contract obligations; (e) The cost of operation of the several departments of the city government; (f) Any other purposes for which the city may legally appropriate money. Section 4. Should the income of the City of Savannah be decreased by law, either by Act of the General Assembly of the State of Georgia or the Mayor and Aldermen of the City of Savannah it shall be the duty of the said budget commission to immediately adjust its budget to comply with such decreased revenue. Except as herein expressly authorized the total expenses incurred and appropriations made by the Mayor and Aldermen of the City of Savannah in any year shall never exceed the total revenue estimated for that year as provided in section 1 of this Act and as thereafter reduced as provided in this section. Adjustment on decrease of revenue. The Mayor and the Aldermen of the Mayor and Aldermen of the City of Savannah shall be individually, jointly and severally liable to the Mayor and Aldermen of the City of Savannah to repay any amounts appropriated or expenses incurred in excess of said limits, when present at the voting of the same, except such of them who vote in the negative and have their names so entered upon the minutes of council. Suit may be brought against the mayor and aldermen of the Mayor and Aldermen of the City of Savannah in any court of competent jurisdiction of this State by any resident of the City of Savannah suing in the name of and for the use of the Mayor

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and Aldermen of the City of Savannah to recover amounts appropriated or expenses incurred in violation of this Act. Individual liability to suit. Section 5. Any unencumbered balance at the beginning of any year after the year 1938 in excess of all outstanding obligations payable which were incurred during the preceding year, and exclusive of the balances of trust or other special funds, shall be available for appropriation at any time after the amount of such excess shall have been determined by the Comptroller in collaboration with the finance committee, and certified by him to the council. Balance available for appropriation. Section 6. If at the end of any year after the year 1938 the total expenditures of such year, including obligations payable though not yet paid, shall be in excess of the actual cash receipts of such year applicable to such expenditures, then there shall be a deficiency appropriation in the budget for the immediate ensuing year for the amount of such excess, and, if the budget for such ensuing year shall already have been adopted when such excess becomes apparent, it shall be immediately revised to include such deficiency appropriation. Deficiency appropriation. Section 7. No money shall be paid from the city treasury, nor any obligation or contract for the payment of money incurred except in accordance with an appropriation duly made, nor in excess of the unencumbered balance of such appropriation. The council may at any time appropriate any portion of the revenue of the year for which the budget is made, estimated as provided in sections 1 and 4 of this Act, which shall not theretofore have been appropriated; and transfers of appropriations, except appropriations for debt service or other contract obligations, from one department or purpose to another may be made by the council by a two thirds affirmative vote by all the members elected to the same. Payments restricted. Transfer of appropriations.

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Section 8. Money received by the city from the sale of bonds may be appropriated from time to time by the council for the purposes for which such bonds were issued, any thing else herein to the contrary notwithstanding. Bond money. Section 9. Extraordinary receipts or receipts from sources not included in the estimate of receipts as provided in section (1) above, shall be available for appropriation at any time subsequent to their actual receipt, but the amount of such receipts shall not be included in estimating revenue in the budget for the ensuing year, except in the case of new sources of revenue created by law or ordinance the operation of which shall continue in or which shall be re-enacted for such ensuing year. Extra receipts available. Section 10. In case of conflagration, flood, or other disaster, the council may, by an ordinance, in which the nature of the disaster shall be set forth, passed by an affirmative vote of two thirds of all the members elected to the same, appropriate such sums of money as may be necessary, provided that the amount of such appropriation shall be included in the budget for the next fiscal year beginning more than three months after the date of the adoption of such ordinance unless the expenditures authorized by such ordinance shall have been in the meantime financed by a bond issue. Disaster appropriations. Section 11. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved February 7, 1938. SAVANNAH TERRITORY EXTENDED. No. 96. An Act to alter, revise and amend the several Acts relating to the incorporation of the Mayor and Aldermen of the City of Savannah, 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 first day of July, 1938, the corporate limits of the City of Savannah shall be extended to include all that territory in Chatham County, Georgia, immediately south of the limits of the City of Savannah within the following boundaries: Beginning at the intersection of the corporate limits of 52nd and Montgomery Streets the limits shall extend south on the west side of Montgomery Street to 59th Street; east on 59th Street to the east side of Atlantic Avenue; north on Atlantic Avenue to the south side of 55th Street; east on the south side of 55th Street extended to Waters Avenue; north on the east side of Waters Avenue to the south side of 52nd Street to the present city limits. Added territory defined. Also, beginning at the present corporate limits of the City of Savannah on forty-second (42nd) Street going thence east a distance of three hundred (300) feet, thence south to Victory Drive, thence west to the present corporate limits. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws, or any section thereof, in conflict with this Act be and the same are hereby repealed. Approved December 29, 1937. SHELLMAN STREET IMPROVEMENTS. No. 42. An Act to amend the charter of the Town of Shellman, in Randolph County, Georgia, as enacted and amended in the Act approved July 30, 1908, and found on pages 915 to 923 inclusive, of the Georgia Laws of 1908, and

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other amending acts, so as to authorize and empower the Mayor and Council of Shellman, in their discretion, to impove its streets and sidewalks, in any way, manner or respect; to condemn private or public property for use by said Town of Shellman, Georgia in the construction and improvement of its streets and sidewalks, and for other purposes; to pass necessary ordinances and regulations for the successful and effectual carrying out of street and sidewalk improvements; to issue and sell bonds for street and sidewalk improvements and other public improvements and use the proceeds therefor; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the charter of the Town of Shellman, in Randolph County, Georgia, as enacted and amended in the Act approved July 30, 1908, and found on pages 915 to 923 inclusive of the Georgia Laws of 1908, and amendments thereto, be, and the same is hereby, amended, as follows: Act of 1908 amended. Section 2. Be it further enacted, that the Mayor and Council of the Town of Shellman, Georgia shall have full power and authority, in their discretion, to open up, alter and extend any street, lane or avenue in said town; to grade, pave, re-pave, macadamize, curb, drain, or otherwise improve or repair any street, lane or avenue in said town or any part thereof now or hereafter established, and to grade, pave, re-pave, curb, drain or otherwise improve or repair any sidewalk of said town, or any part thereof, or any street now in existence or hereafter constructed, and to have any or all of said improvements made or done in such manner, upon such terms, of such materials, by such persons, either contractors or employees, as the mayor and council may determine; and such construction or improvements may be done in such parts of said town as they deem proper, in the discretion of the mayor and

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council, and done at the expense of the said Town of Shellman, Georgia. Powers as to street improvements. Section 3. Be it further enacted, that the Mayor and Council of the Town of Shellman shall have full power and authority to condemn personal or public property for all public purposes, including the opening, altering, and extending, and otherwise improving the streets of the Town of Shellman, as provided by the laws of this State. Condemnation of property. Section 4. Be it further enacted, that the Mayor and Council of the Town of Shellman shall have power and authority to contract debts and issue bonds of said town as the valid obligations of said town, under and in accordance with the limitations provided in the Constitution and laws of this State, for opening, altering, extending, grading, paving, re-paving, draining and otherwise improving the streets and sidewalks of said town, and for any improvement, convenience, or necessity for the use of said town or the citizens thereof, or for any other lawful purpose. Bond issue. Section 5. Be it further enacted, that the Mayor and Council of Shellman are hereby authorized and empowered to levy and assess and collect annually a sufficient tax upon and from the taxable property in said town to pay the principal and interest on such bonds issued by it as they shall become due. Bond tax. Section 6. Be it further enacted, that the mayor and council of said town are given the power and authority to pass all ordinances and necessary legislation for the successful and effectual carrying out of the purposes and intent of the above and foregoing sections, relating to the improvement of the streets and sidewalks in the Town of Shellman, as well as any other public improvements, as to them may be deemed to the best interest of the town, and which shall not be in conflict with the Constitution and laws of Georgia. Legislation authorized.

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Section 7. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved December 22, 1937. SYLVESTER CHARTER AMENDMENTS. No. 119. An Act to amend an Act entitled An Act to create a new charter for the City of Sylvester, to declare the rights, powers and privileges of said corporation and to consolidate the Acts relating to the rights and powers of said corporation; to provide for bonding the city for the purposes of constructing sanitary sewers, paving street, constructing public buildings, building bridges, etc.; to enact amendments thereto and for other purposes (which charter Act was approved August 18, 1919), and Acts amendatory thereof, so as to grant to the City of Sylvester the authority to pass and enforce zoning and planning laws whereby said city 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 plans for development and improvement of real estate therein; to make the mayor eligible to succeed himself for more than one successive term; 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 An Act to create a new charter for the City of Sylvester, to declare the rights, powers and privileges of said corporation and to consolidate the Acts relating to the rights and powers of said corporation; to provide for bonding the city for the purposes of constructing

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sanitary sewers, paving street, constructing public buildings, building bridges, etc.; to enact amendments thereto and for other purposes, approved August 18th, 1919, and Acts amendatory thereof, are hereby amended as follows: Act of 1919 amended. Section 2. (a). The City of Sylvester is hereby authorized to pass and enforce zoning and planning laws whereby said city may be zoned or districted for various uses and other or different uses provided therein, and regulating use for which said zones or districts may be set apart and to regulate the plans for development and improvement of real estate therein; and to adopt zoning and planning laws, not inconsistent with the Constitution, which said city (by and through its mayor and council) may deem necessary or proper, to promote the public health, safety, morals, order, comfort or general welfare. Zoning and planning laws. (b). The mayor and council of said city may, in the interest of the public health, safety, order, morals, comfort, prosperity, or general welfare, adopt by ordinance (or ordinances) a plan or plans for the zoning or districting of the City of Sylvester 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 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 territory within said city may be divided into such number of zones or districts, and such zones or districts may be of such shape and area as the mayor and council shall deem best suited to accomplish the purposes of the zoning regulations. In the determination and establishment of such zones or districts and regulations,

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classifications may be based upon 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, comfort, convenience, prosperity, or general welfare. Welfare plan. Regulations. Districts. Bases. (c). For the reasons above set out, said mayor and council shall have the further right and power, as to any zones or districts proposed to be set aside primarily for residence purposes, to further classify the use thereof and to provide therein such other and similar regulations and restrictions as shall secure the peace and good order of the city and the residents thereof. Residence restrictions. (d). Notice and Hearing. No ordinance adopting zoning regulations as above authorized shall be passed by the mayor and council until the mayor and council shall hold a public hearing thereon, and shall give notice of the time and place thereof by notice published once a week for two weeks in the newspaper in which sheriff's advertisements are published in Worth County, Georgia; and during such time of publication, a copy of the proposed ordinance shall be on file for public examination in the office of the clerk of council of said city. The mayor and council may, if they see fit, provide for other and additional notice. Public hearing on notice. (e). Amendments. The mayor and council may from time to time amend or change the regulations or zones or districts established by zoning ordinance, and this they may do upon their own initiative. Also, whenever the owners of fifty per cent. of the area of the land in any block shall present a written petition, duly signed, to the mayor and council, requesting amendment of the regulations prescribed for such block, it shall be the duty of

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the mayor and council to vote upon such amendment within ninety days of the filing of such petition with the clerk of council. Such petitioning property owners shall give notice to the public of the filing of such petition for amendment, in such manner as may be required by the mayor and council. The notice referred to in subsections (d) and (e), respectively, of this section need not set out the ordinance or amendment, but it will be sufficient merely to state that a zoning ordinance, or an amendment thereto, as the case may be, and the zone or area affected thereby, will be given a public hearing by the mayor and council at the time and place named in the notice. Changes. Petition. Notice. (f). Enforcement and Appeals. The zoning regulations of said city shall be enforced by the building inspector of said city under the direction and regulations of the mayor and council. The mayor and council of said city shall hear and decide appeals from, and review any order, requirement, decision or determination made by the building inspector in the enforcement of the zoning regulations. And the mayor and council may prescribe procedure for all administrative details of zoning regulations and for appeals. Building inspector. Appeal. (g). The City of Sylvester by and through its mayor and council is granted and given hereby full and complete power and authority to legislate touching all of the matters and things set out in this Act, to enforce the same, and to provide for all administrative details concerning the same. Legislation. (h). Every final decision of the mayor and council of said city touching the aforesaid matters and things shall be subject to the writ of certiorari issued from the Superior Court, upon the same terms as such writs are issued in any other case. Certiorari. Section 2-A. Subsection (1) of section 4 of said Act approved August 18, 1919, (being An Act to create a new charter for the City of Sylvester, etc.), is hereby

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amended as follows: by striking therefrom the semicolon which stands between the word qualified and the word the, and by inserting a period in lieu of such stricken semicolon; and (b) by striking from such subsection (1) the following words, to wit: the mayors hereafter elected shall be eligible to succeed themselves for only one successive term. Succession of mayor. Section 3. If any provision of this Act shall be held to be unconstitutional or invalid, such provision alone shall be invalid and the other parts of this Act shall not be affected thereby, and shall remain in full force and effect. Invalid parts. Section 4. All laws and parts of laws in conflict with this Act shall be and the same hereby are repealed. Approved December 31, 1937. THUNDERBOLT TERRITORY EXTENDED. No. 26. An Act to amend the several Acts relating to and incorporating the Town of Thunderbolt, in Chatham County, Georgia, so as to define and extend its corporate limits, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, the several Acts relating to and incorporating the Town of Thunderbolt, in Chatham County, Georgia, be and the same are hereby amended by defining and extending the corporate limits of the Town of Thunderbolt, so as to take in the territory adjacent thereto and more particularly describe and define the present limits; said extended limits and present limits to be more particularly described and defined as follows: Acts amended.

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Section 1. Beginning at an unmounmented point on Williamson Creek, 2,400 feet, more or less, up stream from its confluence with Wilmington River and thence by metes and bounds running north sixty-seven degrees twenty minutes west 1,660 feet, more or less, to a three inch iron pipe at the intersection of an unnamed street and the bluff line, thence along the south side of said street and through the grounds of the Georgia State Industrial College north sixty-seven degrees twenty minutes west 1,320 feet to a three inch iron pipe on the eastern right-of-way line of the Savannah Electric and Power Company Street Railway line; thence north forty-six degrees no minutes east 250 feet, more or less, along this line to a point where the Street Railway turns east on Falligant Avenue, thence continuing north forty-six degrees no minutes east 755 feet, more or less, along a ditch on the abandoned right-of-way of the Savannah Electric and Power Company a total distance of 1,005.7 feet to a three inch iron pipe set in the center of said ditch at its intersection with the east side of College Street, thence north five degrees thirty minutes east 526 feet along the east side of College Street to a three inch iron pipe at the southeast corner of College and Harmon Streets, thence north no degrees thirty minutes west 1,162.5 feet to a three inch iron pipe; thence north eighteen degrees twenty-eight minutes east 352.6 feet to a three inch iron pipe on the south side of Thunderbolt Road at a point where the east side of Mechanics Avenue extended would intersect the south side of said road; thence north thirty degrees forty minutes west 60.6 feet to a three inch iron pipe at the northwest corner of Mechanics Avenue and Thunderbolt Road; thence north fifty-seven degrees eleven minutes west 496 feet along the north side of Thunderbolt Road to a three inch iron pipe; thence north fifty-four degrees and no minutes west 259.5 feet along the north side of Thunderbolt Road to a one and three-quarters (1[frac34]) inch iron

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pin at the northeast Corner of Thunderbolt Road and Whatley Avenue; thence north thirty-four degrees and thirty-one minutes east 1,024 feet along the east side of Whatley Avenue to a three inch iron pipe in the center of Victory Drive; thence north thirty-three degrees and forty-four minutes east 766.2 feet along the east side of Whatley Avenue to a three inch iron pipe set at the intersection of the east side of Whatley Avenue and the southeast right-of-way line of Bonaventure Road; thence 2,025 feet, more or less, northeast along said right-of-way line to a three inch iron pipe; thence south eighty-two degrees and three minutes east 83.1 feet to a three inch iron pipe on the eastern right of-way line of the Savannah Electric and Power Company; thence south 639.3 feet along this line to a three inch iron pipe; thence south fifty-nine degrees and forty-three minutes east 180 feet to a three inch iron pipe on the Bluff line; thence south fifty-nine degrees and forty-three minutes east 1,980 feet, more or less, to an unmonumented point on the eastern low water line of Wilmington River; thence southerly along the eastern low water line of Wilmington River to a point opposite the mouth of Williamson Creek; thence southerly across the Wilmington River to the mouth of Williamson Creek; thence southwesterly along Williamson Creek 2,400 feet, more or less, to the point of beginning. Added territory described. All bearings are magnetic. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved December 14, 1937.

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TOCCOA ZONING AND PLANNING LAWS. No. 224. An Act to amend an Act approved December 20, 1897, entitled An Act to amend the charter of Toccoa City and the various Acts amendatory thereof and which changed the name of Toccoa City to the City of Toccoa and created a charter therefor, as amended by all subsequent Acts relating to the charter of the City of Toccoa and granting the governing authorities of said city power and authority with respect to said city by adding a section, empowering the governing authorities of said City of Toccoa, in addition to all other powers heretofore granted, to pass zoning and planning laws for said city; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That the Act of the General Assembly of Georgia approved December 20, 1897, entitled and Act to amend the charter of Toccoa City and the various Acts amendatory thereof, which said Act of 1897 changed the name of Toccoa City to the City of Toccoa, as amended and supplemented by all subsequent Acts relating to the charter of the said City of Toccoa and the power and authority of the governing authorities of said city with respect thereto, be further amended by adding an additional section to said Act as amended providing as follows: Act of 1897 amended. The Mayor and Council of the said City of Toccoa, or such governing authority or authorities thereof as may hereafter be constituted, shall have power and authority to pass and enforce zoning and planning laws with respect to said city and shall have power to regulate the use for which such zones or districts, as may be set apart, fixed and established, shall be used and enjoyed by the owners of property therein and the manner in which real estate

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in such zones or districts may be improved or developed and to enact such ordinances, rules and regulations with respect thereto as the general welfare, public health or public safety shall authorize or demand. Power to enact zoning and planning laws. 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 January 21, 1938. TRENTON CHARTER AMENDMENTS. No. 6. An Act to amend the Act of 1935, known as Trenton New Charter, No. 160 approved March 15, 1935 and appearing at pages 1183 to 1210 inclusive of Georgia Laws of 1935 by changing the description of the corporate limits of the City of Trenton; by changing the date upon which the terms of office of the officers of said city shall begin and expire; by changing the date upon which the general election for said city shall be had; by changing the qualification of the voters of said city; by providing the time when the registration book for the qualified voters of said city shall be kept open in the Dade County Court House; by changing the qualifications of persons eligible to be elected to the office of said city shall be held at the Dade County Court House; by requiring the officers of said city to post on the bulletin board in the Dade County Court House a financial statement for the preceding year not later than the 1st Monday in January of each year; by requiring the city recorder to make a bond in the sum of $1,000 payable to the mayor and approved by the mayor and council, conditioned upon the faithful performance of his duties; by requiring

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the city marshal to make like bond in the sum of $1,000; to provide the ad valorem tax levy authorized to be levied for the city shall be conditioned upon the vote of the people of the city; to repeal the present law providing that any officer of said city who may be sued for any act done in his official capacity may plead the charter of said city in justification of said act as a defense against said suit, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same that the Act of 1935, known as Trenton New Charter, No. 160 approved March 15, 1935, and appearing at pages 1183 to 1210 inclusive of Georgia Laws of 1935 be and the same is hereby amended as follows: Act of 1935 amended. Section 2. By striking section 2 thereof in its entirety and substituting in lieu thereof a new section 2 as follows: That the corporate limits of the City of Trenton shall be one mile square, with the Dade County Court House the center thereof. New sec. 2. Territory. Section 3. By striking the first three lines in section 4 of said Act and substituting in lieu thereof the following: All the present officers of said city shall hold their respective offices until the 2nd Monday in January, 1938, and until their successors are elected and qualified, so that said section when thus amended shall read as follows: Sec. 4 amended. Section 4. All the present officers of said city shall hold their respective offices until the 2nd Monday in January, 1938, and until their successors are elected and qualified. They shall be succeeded by a mayor, four councilmen and a recorder who shall be elected by the qualified voters of said city as hereinafter provided. After they have been elected and qualified as hereinafter provided the mayor and councilmen shall appoint a mayor pro tem., a city marshal, a city physician and a city attorney as hereinafter provided all of which offices are hereby created. Officers. Succession and election.

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Section 4. By striking section 5 of said Act in its entirety, and inserting in lieu thereof a new section 5, as follows: Section 5. The next general election for mayor, councilmen, and recorder shall be held on the 4th Tuesday in December, 1937, and on each 4th Tuesday in December thereafter biennially. The first election under this Act to be held on the 4th Tuesday in December, 1937, shall be for the election of mayor, four councilmen, and a recorder. The mayor, four councilmen, and recorder shall be elected for a period of two years from said date and until their successors are elected and qualified. The candidate for mayor receiving the highest number of votes cast shall be declared elected mayor for a term of two years and the candidates receiving the highest number of votes cast for councilmen shall be declared elected as councilmen of said city for a term of two years and the candidate receiving the highest number of votes cast for recorder shall be declared elected recorder for a term of two years. In case of tie in the election of any of the said officials, as to the office in which a tie as resulted another election shall be had the following Tuesday. On each 4th Tuesday in December thereafter biennially there shall be an election for the offices herein described which will expire by law on the 2nd Monday in January following and they shall hold office for two years. The newly elected officers shall take oath and assume the duties of office on the 2nd Monday of January following or as soon thereafter as possible. New sec. 5. Election and terms of office. Section 5. By striking section 6 of said Act in its entirety, and substituting in lieu thereof a new section 6, as follows: Section 6. Be it further enacted that the recorder of the city council shall keep a book to be labeled Registration Book of the City of Trenton in which he shall register upon application in alphabetical lists, keeping a

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separate list of white and colored voters, the names and ages, of all persons who shall make and subscribe the following oath: New sec. 6. I do solemnly swear (or affirm) that I am a citizen and qualified voter of the State of Georgia, according to the Constitution and Laws thereof and that on the 4th Tuesday in December next, I will have been a bona fide resident of the City of Trenton six months. Sworn to and subscribed before me this..... day of....., Recorder. Oath of voter. Such registration shall be kept open for registration of voters 30 days preceding such election when it shall be closed five days before each election. Said book shall be kept open at the court house five days prior to its closing date, said days to be the last five days for registration. Said book shall be open at each election, in charge of the managers, and no person whose name is not found thereon shall be allowed to vote. The recorder shall have such compensation for keeping the registration book as the council shall allow. Registration book. Section 6. By amending section 7 of said Act so as to strike the qualification requirement that a person to be eligible for the offices of mayor, councilmen and recorder be a freeholder owning real estate in said city, so that said section 7 when amended will read as follows: Sec. 7 amended. Section 7. Be it further enacted by the authority aforesaid, that no person shall be eligible for the offices of mayor, councilmen and recorder of said city who has not been a resident thereof for one year or more continuously preceding his election. Eligibility. Section 7. By striking section 8 of said Act in its entirety and inserting in lieu thereof a new section 8, as follows: Section 8. Be it further enacted by the authority aforesaid, that all persons who have been bona fide residents

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of said city for six months before the date of election and who have registered as hereinbefore required, shall be qualified electors in all municipal elections. New sec. 8. Voters qualified. Section 8. By striking the second sentence in section 9 of said Act and inserting in lieu thereof the following: Said election will be held at the Dade County Court House, so that said section when thus amended will be as follows: Sec. 9 amended. Section 9. Be it further enacted, that persons authorized to hold city election shall be justices of the peace or intelligent upright freeholders and there shall be three managers appointed by the mayor and council for each election and they shall notify them at least three days before each election. Said election shall be held at the Dade County Court House. The managers shall receive such compensation as the mayor and council shall determine. Said managers shall conduct said elections as near as practicable as elections for the members of the General Assembly are conducted. The polls at such election shall be opened at 8 o'clock A.M. and closed at 6 o'clock P.M. and a manager shall be eligible to open and close the polls. The managers before proceeding with the election shall take and subscribe the following oath: Election managers. Place. Conduct. Polls. All and each of us do swear that we will faithfully superintend this day's election, that we are qualified by being freeholders or justices of the peace to hold the same and that we will make a just and true return thereof and will not knowingly permit any one to vote unless we believe he or she is justly entitled to do so according to the charter of this city nor will we knowingly divulge for whom any vote was cast unless called upon to do so under the law, so help us God. Said affidavit shall be signed by each superintendent or manager in the capacity in which he acts. Said oath shall be made and subscribed to before some official authorized by law to administer oaths, if any be present, and if no such officer be present

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said oath may be made and subscribed by each manager in the presence of the others. The managers acting at the first election under this charter shall issue a certificate of election to each of the persons elected which shall be recorded in the records of the city. Said certificate shall be sufficient authority to the persons elected to enter upon the discharge of their official duties at the beginning of their terms of office and after they have qualified as herein provided. The managers of each subsequent election shall issue to the newly elected mayor, each of the councilmen and the recorder, a like certificate and shall also certify as to the result of the election to the acting council which last certificate shall be entered upon the records of said mayor and council, said mayor shall also furnish to the city council one of the tally sheets of said election, certified by them. Oath of managers. Certificate of election. Section 9. By adding to the end of section 12 the following: A copy of said financial statement shall be posted on the bulletin board in the Dade County Court House for the preceding year not later than the 1st Monday in January of each year, so that said section when thus amended shall be as follows: Sec. 12 amended. Section 12. Be it further enacted, that the mayor and councilmen and recorder of said City of Trenton shall be and are hereby required to make a public financial statement of the amounts received and expended by them as officials of said city at the close of each year. A copy of said financial statement shall be posted on the bulletin board in Dade County Court House for the preceding year not later than the 1st Monday in January of each year. Financial statements. Section 10. By amending the third paragraph of section thirteen by striking words in lines seven and eight in such sum as shall be fixed by the mayor and council, and inserting in lieu thereof the words in the sum of $1,000 payable to the mayor and his successors in office

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to be approved by the mayor and council, so that said third paragraph when amended shall be as follows: Sec. 13 amended. It shall be the duties of the city recorder to keep all records of the city's affairs in books to be provided for by order of the mayor and councilmen; to attend all the meetings whether regular or called of the mayor and councilmen, keep the minutes of said meeting and act as secretary at same; he shall be the treasurer of the city and shall give good and solvent bond in the sum of $1,000 payable to the mayor and his successors in office to be approved by the mayor and council for the faithful performance of his duties as treasurer; he shall be the custodian of the funds of said city and shall make itemized reports of all receipts and disbursements and submit the same when called upon by the mayor and council; he shall issue all processes and shall discharge all duties required of him by the laws, ordinances and rules regulating the government of said city; he shall be the receiver of tax returns for said city as hereinafter provided; he shall be the collector of all city taxes as hereinafter provided; he shall hold police court for the trial of all persons charged with the violation of ordinances, rules and regulations of said city and upon conviction to punish said offenders as hereinafter provided and to do any and all acts incidental to the performance of the above duties and to the discharge of the provisions of this charter. Recorder's duties. Bond. Funds. Tax returns. Section 11. By striking out the first period in the fourth paragraph of section thirteen, and inserting in lieu thereof a comma, followed by the words and unless he make a good and solvent bond in the sum of $1,000 payable to the mayor and his successors in office and approved by the mayor and council, so that said fourth paragraph when amended shall be as follows: Sec. 13 amended. No persons shall be eligible for the office of city marshal hereinbefore provided for unless he shall have been a bona fide resident of the City of Trenton for not less

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than one year next preceding his appointment as such and unless he be a qualified voter of said city at the time of said appointment, and unless he make a good and solvent bond in the sum of $1,000 payable to the mayor and his successors in office and approved by the mayor and council. Before entering upon his duties he must make and subscribe the following oath: Marshal's eligibility. I do solemnly swear that I will faithfully discharge all the duties devolving upon me as marshal for the City of Trenton during my continuance in office according to the best of my ability and understanding, so help me God. Oath of office. Section 12. By amending section 35 by adding to the end thereof the following: Provided this section shall be without force and effect until an election is had upon the issue of whether or not such section shall be effective. The ballots shall be for tax levy and against tax levy. If a majority of those voting in such election be for tax levy, this section shall be of force and effect. If the majority voting in said election shall be against tax levy this section shall not be of force and effect and shall not be a part of the law. This issue shall be submitted to the qualified voters of the City of Trenton on each of its general elections, beginning on the 4th Tuesday in December and biennially thereafter. The ballots shall be prepared so that this issue may be submitted to the qualified voters on the same ballot with candidates for the elective offices of the city, so that said section 35 when amended shall be as follows: Sec 35 amended. Section 35. Be it further enacted, that the said mayor and council shall have full power and authority to levy and collect an annual ad valorem tax not to exceed 40c per one hundred dollars of assessment on all the property real and personal within the limits of said city, which is taxable under the laws of this State, for the purpose of supporting, maintaining and bearing the general expenses

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of said city government; also an additional ad valorem tax not to exceed 10c per one hundred dollars of assessment, on all taxable property for the payment of any extraordinary expenses of said city. And said taxes to be all added together and collected at the same time but to be used only for the purpose for which each was levied; also an additional extraordinary tax not to exceed 10c per one hundred dollars of assessment on all taxable property may be levied and collected for the following special purpose; for preventing, fighting, isolating, treating and stamping out yellow fever, smallpox or other similar contagious or infectious diseases, including quarantine, quarantine houses and sanitary purposes, and to be collected and used for no other purpose, when in the judgment of the mayor and councilmen the necessities of the city may require. Provided this section shall be without force and effect until an election is had upon the issue of whether or not such section shall be effective. The ballots shall be for tax levy and against tax levy. If a majority of those voting in such election be for tax levy, this section shall be of force and effect. If the majority voting in said election shall be against tax levy this section shall not be of force and effect until the next general city election. This issue shall be submitted to the qualified voters of the City of Trenton on each of its general elections, beginning on the 4th Tuesday in December and biennially thereafter. The ballots shall be prepared so that this issue may be submitted to the qualified voters on the same ballot with candidates for the elective offices of the city. Taxing powers. Referendum of this section. Section 13. By striking section 51 in its entirety. Sec. 51 stricken. Section 14. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved December 6, 1937.

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UNION POINT STREET IMPROVEMENTS. No. 342. An Act to amend an Act approved August 15, 1904 entitled An Act to incorporate the City of Union Point in the County of Greene and the several Acts amendatory thereto by repealing section nine (9) of the original Act as it appears on pages 680 and 681 of the Acts of 1904 and inserting in lieu thereof a new section to be numbered section nine (9) providing that the mayor and council shall have power and authority in their discretion, to grade, pave, macadamize and otherwise improve the streets and sidewalks of said city; and to empower the mayor and council to carry into effect the authority herein delegated by assessing the costs of such improvements; so that said section as amended shall read as follows: Section 9. 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 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.

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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 sidewalks or streets, 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 purchases. Said city marshal or policeman acting for him, shall have authority to eject occupants and put purchasers in possession; Provided, the owner of said real estate shall have the right to file his affidavit denying 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 Greene County,

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and there tried and the issue determined as in case of illegality, subject to penalties as in case of illegality, filed for delay only. Act of 1904 amended. Street improvements and assessments of property. Execution. Levy and sale. Affidavit of illegality. 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. Powers. Lien of assessment. Discretion. Approved February 8, 1938. VALDOSTA SCHOOL APPROPRIATIONS. No. 80. An Act to amend an Act approved November 21, 1901, (Ga. Laws 1901, pp. 670-688), incorporating the City of Valdosta and all Acts amendatory thereof, by adding a section immediately following section 78 (Ga. Laws 1901, p. 688), to be designated section 78-a and providing that the mayor and council of said city shall

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have power and authority to make appropriations for the benefit of the public school system of said city and to appropriate to the board of education of said city for school purposes from any general funds raised or acquired by said city from any source other than an ad valorem tax on real and personal property, such amount or amounts as the said mayor and council may determine by resolution or otherwise to be necessary or expedient to supplement the funds derived from taxes levied for school purposes; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same: Section 1. That the certain Act approved November 21, 1901, (Ga. Laws 1901, pp. 670-688), incorporating the City of Valdosta and creating therefor a mayor and council and prescribing their powers and duties, and all Acts amendatory thereof, be and the same are hereby amended and supplemented by adding immediately following section 78 of said original Act approved November 21, 1901 (Ga. Laws 1901, p. 688) a new and additional section to be known as section 78-a to be and read as follows: Act of 1901 amended. Section 78-a. That said Mayor and Council of the City of Valdosta shall have power and authority, by resolution or otherwise, from any fund in the treasury of said city, acquired or derived from any source whatsoever except an ad valorem tax on real and personal property, to make appropriations for the benefit of the public schools of said city and to appropriate and to deliver over to the board of education of said city for school purposes such amount or amounts as said mayor and council may deem to be proper, necessary or expedient to supplement the fund derived or received from the levy of an ad valorem tax on property, real or personal, located in said city, for school purposes, as authorized by the Constitution and

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laws of the State of Georgia, to the end that the public schools of said city may be supported and maintained in accordance with public requirements as determined by said mayor and council. Power to make appropriations. 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 December 29, 1937. WARESBORO CHARTER REPEALED. No. 213. An Act repealing an Act to provide a new charter incorporating the Town of Waresboro, in the County of Ware, and to grant powers and privileges to said town and for other purposes, approved December 9, 1893 (Georgia Laws 1893, 335-345) and for other purposes. Be it enacted by the General Assembly of the State of Georgia and is hereby enacted by authority of the same: Section 1. From and after the passage of this Act an Act entitled an Act to provide a new charter incorporating the Town of Waresboro in the County of Ware, and to grant certain powers and privileges to said town, and for other purposes, approved December 9, 1893 (Georgia Laws, 1893, 335-345), be and the same is hereby repealed. Act of 1893 repealed. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved January 19, 1938. WASHINGTON ZONING AND PLANNING LAWS. No. 393. An Act relating to the City of Washington, Georgia to authorize the Mayor and Council of the City of Washington, Georgia or other governing authorities to pass

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rules, regulations, and ordinances whereby the City of Washington, Georgia may be zoned or districted for various uses, and to regulate the use or uses for which such zones or districts may be set apart and to regulate the development and improvement of real estate and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same that the City of Washington, Georgia, through its mayor and council or other governing authorities is authorized to promulgate rules, regulations, and ordinances whereby the said City of Washington, Georgia may be zoned and districted for various uses, and other or different uses prohibited therein; and to regulate the use or uses for which such zones or districts may be set apart, and to promulgate rules, regulations and ordinances for the development and improvement of real estate. Zoning ordinances. Districts. Section 2. The authority hereby given to the City of Washington, Georgia acting through its mayor and council or the governing authorities thereof to pass zoning and planning laws is that provided in the resolution approved March 30, 1937, and contained in Acts of the General Assembly of Georgia for the year of 1937, pages 1135-1136. Authority. Section 3. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby appealed. Section 4. This Act shall become effective upon the approval thereof. Approved February 16, 1938. WINDER ZONING AND PLANNING LAWS. No. 220. An Act to amend an Act creating the charter for the City of Winder, approved August 4, 1917, and the several Acts amendatory thereof; and for other purposes.

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Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act establishing a charter for the City of Winder, approved August 4, 1917, and the several Acts amendatory thereof be and the same are hereby amended as follows: Section 1. That, pursuant to article 3, section 7, paragraph 26, of the Constitution of Georgia, the City of Winder is hereby authorized to adopt ordinances and pass laws, whereby the said City of Winder, may be zoned and 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 plans for the development and improvement of real estate therein, and to adopt all zoning and planning laws, not inconsistent with the Constitution, as said city may deem necessary or proper, to promote the public health, safety, morals, order, comfort or general welfare. Act of 1917 amended. Section 2. That the mayor and council of said city, for any one or more of the objects above named, may adopt by ordinances a plan or plans for the districting or zoning of said city for the purpose of regulating, defining and restricting: (a) the location of trades, industries, apartment-houses, dwellings, or other uses of property; and/or (b) the height of buildings or other structures; and/or (c) the area or dimensions of lots or yards used in connection with buildings or other structures; and/or (d) the alignment of buildings or other structures near street frontages. The zoning regulations may be based upon any one or more of said purposes. The city may be divided into such number of zones or districts, and such districts may be of such shape and area, as said mayor and council shall deem best suited to accomplish the intent 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

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or to be conducted upon the premises, and within the said zone, the number of persons, families, or other group units to reside in or to 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, morals, safety, order, prosperity, or welfare. Ordinances authorized. Buildings, etc. Districts. Regulations. Section 3. Said mayor and council shall be empowered, 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 or similar regulations and restrictions as shall tend to secure the welfare, public health, morals, safety and good order of the city and the residents thereof. Residences. Section 4. If any provision of this Act shall be held to be unconstitutional, such provision alone shall be invalid and the other parts of this Act shall be uneffected thereby, and shall remain in full force and effect. Invalid parts. Section 5. All laws and parts of laws in conflict with this Act shall be and the same are hereby repealed. Approved January 21, 1938. WRIGHTSVILLE STREET IMPROVEMENTS. No. 390. An Act to amend an Act, approved August 18, 1923, providing a new charter for the City of Wrightsville, in the County of Johnson, so as to authorize the mayor and council of said city, to build, pave, repair and rebuild, repave, regrade, scarify, oil, topdress or otherwise improve or reimprove any of the present or future streets, squares public alleys and lanes of said city; to build, pave, repair, regrade and repave any of the

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sidewalks, present or future of said city, and to lay guttering along any of the present or future streets of said city, to provide an assessment against the property for the payment of said improvements, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority aforesaid, that an Act approved August 18, 1923, providing a new charter for the City of Wrightsville, in the County of Johnson, be, and the same is hereby amended so as to authorize the mayor and council of said city, in their discretion, to build, pave, repair, rebuild, repave, regrade, scarify, oil, topdress with a road binder or otherwise any of the present or future streets, squares, public alleys and lanes, or any portion thereof, of said city, whenever in the judgment of said mayor and council such improvement is necessary for the benefit of the public travel and maintenance of said present or future streets. Act of 1923 amended. Street and sidewalk improvements. Section 2. Be it further enacted by the authority aforesaid that said Act approved, August 18, 1923, be further amended so as to authorize the mayor and council of said city, in their discretion, to build, pave, repair, regrade, repave, or otherwise improve or reimprove any of the present or future sidewalks or any portion thereof, of said city, when such improvements are necessary for public travel and maintenance of said sidewalks. Discretion. Section 3. Be it further enacted by the authority aforesaid that said Act approved August 18, 1923, be further amended so as to authorize the mayor and council of said city in their discretion, to lay guttering along any of the present or future streets, squares, public alleys and lanes, or any portion thereof, of said city, when such improvements are necessary for the public travel and maintenance of said streets. Gutters. Section 4. Be it further enacted by the authority aforesaid, that no improvements may be made on any

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present or future streets, or sidewalks, and no assessment made, under authority and provisions of this Act, unless provided for by ordinance, notice of the introduction of which shall be given by publication in some newspaper of said city, and if there is no newspaper published therein, then in some newspaper having a general circulation in said city, one time, at least ten days before the adoption of said ordinance, that any person interested in said improvements may file objection thereto with the clerk of the council and be heard by the mayor and council. Said notice must contain a statement of the present or future street or sidewalk to be improved, or the part to be improved, and the kind of improvement to be made, the date of the meeting of the mayor and council at which said ordinance will be considered for adoption, and the same may be adopted at said meeting or some subsequent meeting in the discretion of the mayor and council; provided, however, where the improvement to be made is only the repair of some present or future sidewalk or street, it shall not be necessary to provide for the same by ordinance, but upon the adoption of a resolution by the mayor and council authorizing the chief of construction or the superintendent of streets, or such other person as may have the repair of the streets of the city in charge to repair the street or sidewalk of said city, such person shall give notice to the abutting property owner, and if the property owner be a non-resident then, to his agent or tenant, that such street or sidewalk is in need of repair, and after the expiration of ten days from such notice, same shall be put in repair by the chief of construction, or such other person as may have charge of the repair of the streets and sidewalks of said city; provided, that the property owner, may, within ten days after said notice is given, petition the mayor and council not to make such repairs in front of his property, and the decision of the mayor and council as to the necessity of such repairs, shall be final, and

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while said petition is pending before the mayor and council, said repairs shall be suspended. Ordinance. Publication of notice. Resolution for repairs. Section 5. Be it further enacted by the authority aforesaid, that said mayor and council have final authority, to determine whether such notice has been published as required, and whether such improvement is necessary and the passage of an ordinance providing for the same shall be final evidence of the notice being given and the necessity of the improvements. Authority to determine. Section 6. Be it further enacted by the authority aforesaid that in order to make effective the power and authority above given, and to provide funds therefor, said mayor and council shall have full power and authority to assess the actual cost of building, paving, repairing, regrading, repaving, or otherwise improving or re-improving any of the present or future sidewalks of said city, and to assess the actual cost of laying guttering along any of the present or future streets, squares, public alleys or lands of said city, against the real estate abutting on the street, but only on the side of the street where the sidewalk is improved, or the guttering is laid. Assessments of real estate. Section 7. Be it further enacted by the authority aforesaid, that the mayor and council of said city, shall have full power and authority to assess one third of the cost of building, paving, repairing, rebuilding, repaving, regrading, scarifying, oiling, topdressing and otherwise improving or re-improving any of the present or future streets, squares, public alleys and lanes of said city, against the real estate abutting on one side of the present or future street so improved, and one third of the cost against the real estate abutting on the other side of the street so improved; the real estate abutting on both sides of the street shall not, together, be assessed more than two thirds of the entire cost, in the discretion of the mayor and council, and any street rail road company or other railroad company having a tract or tracts

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running along or across the present or future streets of said city, shall be required to pay the cost in full of such improvement of such streets between their tracts, and for two feet on each side thereof, and in such cases two-thirds of remaining cost on abutting property owners as aforesaid. Assessing power. Section 8. Be it further enacted by the authority aforesaid, that the amount of assessment on each piece of real estate abutting on the present or future sidewalk or street so improved, shall be a lien on said real estate, next in point of dignity to the lien of taxes, from the date of the passage of the ordinance providing for the improvement and the mayor and council shall have full power and authority to enforce the collection of any amount so assessed for such improvements, either upon the sidewalks or streets, by execution to be issued by the clerk of the council against the real estate so assessed, and against the owner thereof, at the date of the ordinance providing for the improvement which execution may be levied by the marshal or such other officer as may be directed by the mayor and council, of said city, on the real estate so assessed, and after advertising and other proceedings as in case of sale of realty for city taxes, the same may be sold at public outcry to the highest bidder, and such sale shall vest absolute title in the purchaser. Lien of assessment. Execution. Levy and sale. Section 9. Be it further enacted by the authority aforesaid, that the defendant in any such execution may defend against the enforcement thereof in the same manner as is provided in case of tax execution for city taxes. Defense. Section 10. Be it further enacted by the authority aforesaid, that this Act shall not become effective until the same shall have been submitted to and approved by a two-third majority of the qualified voters of the City of Wrightsville, Georgia, voting at an election to be held for

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that purpose, such election to be called at the option of the Mayor and Council of the City of Wrightsville, Georgia, after the same with each section of this bill has been published in some newspaper of the City of Wrightsville, for four weeks immediately preceding said election, naming the day and date on which said election shall be held. The same laws, rules and regulations governing the elections for Mayor and Council of the City of Wrightsville, Georgia, shall be applicable to said election; the managers of said election shall make the return of said election to the mayor and council of said city, and they shall declare and publish the results. The ballots used in said election shall have printed thereon the following: For amendment to the charter. Against amendment to the charter. Those favoring the amendment to the charter of the City of Wrightsville, Georgia, shall vote for amendment to the charter. Those against the amendment to the charter of the City of Wrightsville, Georgia, shall vote against the amendment to the charter. Referendum of this Act. Election. Ballots. Section 11. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved February 16, 1938.

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PART IV.RESOLUTIONS.

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TITLE I. MISCELLANEOUS SUBJECTS. RESOLUTIONS. Adjournment of General Assembly. Advertising Georgia. Air-Mail Service Memorial. Air-Mail Service to Florida. Automobile TagsTime Extended. Bona Allen Memorial Highway. Clark Howell Memorial Highway. Cobb Memorial Bridge. Crawford W. Long Highway. Driver's LicenseTime Extended. Driver's License and TagTime Extended. ExpositionState Commission. Hoke Smith Monument. Holiday Resolution Repealed. Income-Tax Filing Fee Suspended. John B. Gordon Highway. John C. Barnes Dormitory. Lee EstateRelief as to Interest. Library Law-Book to Chattooga County. Library Law-Books to Crawford County. Library Law-Books to Douglas County. Library Law-Books to Fannin County. Library Law-Books to Jefferson County. Library Law-Books to Laurens County. Library Law-Books to Tattnall County. Long and Stephens Birthdays. McClatchey Christmas Display. National Infantile Paralysis Foundation. Payment to Mrs. Carey Thomas. President Roosevelt Memorial. Radio Commission Fund. Recess Resolution. Sam Tate Highway. Seafood LicenseTax Refund. Sureties Mobley et al., Relieved. Surety Clary Relieved. Surety Lesser Relieved. Surety Simerley Relieved. Surety Tindol Relieved.

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Surety Wrenn Relieved. Tennessee Copper Company Contract. Tom Bell Highway. Unfinished Business of Assembly. Yalovitz Tax-Payment Refund. ADJOURNMENT OF GENERAL ASSEMBLY. No. 48. A RESOLUTION. Resolved by the Senate, the House concurring, That, the business having been completed, this Extraordinary Session of the General Assembly shall now stand adjourned sine die. Session adjourned. Approved February 18, 1938. ADVERTISING GEORGIA. No. 14. A RESOLUTION. Whereas, Georgia's wonderful climate free from flood and storm, forests, drainages, water power, her vast natural resources, unlimited fertile land, abundant labor, State Parks, mountains, seashores should be brought continuously to the attention of its own citizens and to the world at large, and Preamble. Whereas, an excellent and inexpensive method of advertising Georgia is available to each department of State Government by printing on the backs of envelopes mailed such pertinent and valuable facts about Georgia, and Whereas, this idea is now being used by certain progressive firms located in this State which has received the approval of the U. S. Postal Officials upon application by these firms:

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Now therefore be it resolved, by the House of Representatives of the State of Georgia in Special Session Assembled, the Senate concurring, that this method of advertising Georgia be used by each State Officer, State Department or Commission head, or head of any branch of State Government, upon all official correspondence except correspondence of such private or personal nature that the department head feels should be transmitted in envelopes without such advertising matter; Printing on envelopes. That each department adopt its own advertising matter and have same printed. Approved January 20, 1938. AIR-MAIL SERVICE MEMORIAL. No. 34. A RESOLUTION. Memorializing the Postmaster-General of the United States to establish a direct air-mail route from Savannah, Georgia, to Atlanta, Georgia, so that the said cities will be served from points west, southwest and northwest of the United States. Whereas, the United States Congress has authorized the Postmaster-General of the United States to establish additional air mail service in the United States, and Preamble. Whereas, the Postmaster-General of the United States has under consideration a direct air mail route between Atlanta and Savannah from the west, southwest and northwest, all of which will be provided if the Savannah to Atlanta direct route is put into service, and Whereas, Savannah is the chief seaport of the South Atlantic Coast and has splendid airport facilities, and Atlanta is the largest city in the State of Georgia and the southeast, and also has splendid airport facilities, and

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Whereas, there is a great need of a rapid and direct mail, passenger and express service by air between Atlanta and Savannah from the west, southwest and northwest sections of the United States, and Whereas, there is no direct aviation service between said cities of Savannah and Atlanta at the present time, and that such service would give the people of Georgia quick transportation facilities and would be of considerable commercial advantage to the State, and other sections of the United States, and Whereas, the establishment of the said service would give to said Cities of Savannah and Atlanta first class and direct transportation facilities from the west, southwest and northwest sections of the United States, and Whereas, the people of Georgia are desirous that the two larger cities of the State be more closely bound to the people of the State. Therefore, be it resolved by the Senate and the House of Representatives of the State of Georgia, that it is the wish of the General Assembly and of the people of the State of Georgia that a direct air-mail service be established between Atlanta and Savannah from the west, northwest and southwest under the provisions of the Act of Congress, and that a copy of this resolution be immediately forwarded by the Governor of the State of Georgia to the Honorable James M. Farley, Postmaster-General of the United States. Air-mail service recommended to Postmaster General. Approved February 12, 1938. AIR-MAIL SERVICE TO FLORIDA. No. 15. A RESOLUTION. Memorializing the Postmaster-General of the United States to establish an air-mail route from Atlanta, Georgia, to Tampa, Florida, via Tallahassee, Florida.

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Whereas, the Congress of the United States has just authorized the Postmaster-General of the United States to let and establish 3,000 miles of additional air-mail service in the United States; and Preamble. Whereas, the Postmaster General of the United States is now considering the proper location of the additional air mail service; and Whereas, Atlanta, Georgia, is the transportation and commercial center of the Southeast and is the natural and logical gateway to and from all points in southeastern United States; and Whereas, there is great need for rapid and efficient mail, passenger and express service by air between Atlanta and Tallahassee, the capital city of Florida, and Tampa, Florida's chief west-coast city; and Whereas, there is no aviation service between the said points at the present time, and such service would give to people of Georgia quick transportation facilities to Florida's capital city and Florida's west coast and would be of tremendous commercial advantage to this State, and would bring a large volume of travel and transportation into and through Georgia; and Whereas, the establishment of the said service would give to the Florida west coast and to Florida's capital city (which is now one of the few state capitals in the United States without air-mail service) first class and direct transportation facilities into Atlanta, the commercial and transportation capital of the Southeast, and through Atlanta would provide first class air line connections with all points in the United States, east, northeast, north, northwest and west; and Whereas, any other routing of air-line service from the west coast of Florida and from Tallahassee would tend to keep that section unnaturally isolated and disconnected

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from the large centers of trade and population with which the Atlanta routing would give them the most direct contact;and Whereas, the people of Georgia desire to be bound more closely to the people of Florida: Therefore, be it resolved, by the Senate and the House of Representatives of the State of Georgia, that it is the sense of the General Assembly and of the people of Georgia that the said air-mail service between Atlanta, Tallahassee, and Tampa ought to be immediately authorized and established under the provisions of the Acts of Congress, and that a copy of this resolution be immediately forwarded by the Governor of the State of Georgia to the Honorable James M. Farley, Postmaster-General of the United States. Service recommended to Postmaster General. Approved January 21, 1938. AUTOMOBILE TAGSTIME EXTENDED. No. 43. A RESOLUTION. That whereas, the Legislature extended the time limit for the purchase of automobile tags to February 15, 1938; and whereas, it has been called to the attention of some of the members of the House of Representatives that it is impossible for the people of the State to obtain these tags by Feb. 15, 1938. Preamble. Therefore be it resolved by the House of Representatives, the Senate concurring, that the time for the purchasing the said automobile tags be extended to March 15, 1938. Time extended. Approved February 16, 1938.

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BONA ALLEN MEMORIAL HIGHWAY. No. 10. A RESOLUTION. Be it resolved by the House of Representatives, the Senate concurring: That whereas, Bona Allen, Sr., has reflected glory upon the State of Georgia, and brought wide recognition and distinction to his native State, through the founding and development of America's outstanding Tanneries and Leather industry at Buford, Georgia and Preamble. Whereas, this great Georgian, from a most humble beginning, through his masterful leadership as a business man developed an industry which has rendered immeasurable service to mankind, and Whereas, the ideal of this great Georgian was his obligation to human society to make this world a better place in which to live, and how to best meet this obligation was the guiding principle of his every effort in the development of the great industry which he founded and the community surrounding it, and Whereas, this great Georgian made his home in Buford, Gwinnett County, Georgia, and his body now lies at eternal rest in this beautiful city that has grown up around the great manufacturing plants which he founded, and Whereas, State Highway No. 13 leading from Buford by way of Suwanee, Duluth and Norcross to Atlanta has recently been paved, and Whereas, it is entirely fitting and proper that the memory of this great man, and the achievements and principles of his immortal life, should be kept alive in the minds and hearts of Georgians, Now, therefore, be it resolved that in order to commemorate the life and deeds of the late Bona Allen, Sr.,

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the new paved highway from Buford to Atlanta, known as State Highway No. 13 going by way of Suwanee, Duluth and Norcross be designated and named The Bona Allen Memorial Highway. Designation of highway. Approved January 12, 1938. CLARK HOWELL MEMORIAL HIGHWAY. No. 13. A RESOLUTION. To officially designate Highway No. 85 from Atlanta to Warm Springs, Georgia, the Clark Howell Memorial Highway. Whereas, the late Clark Howell, president and editor of The Atlanta Constitution was during his lifetime one of Georgia's outstanding citizens, democratic national committeeman for more than 30 years, a statesman of the first rank, and a man who worked untiringly for the betterment of Georgia, and Preamble. Whereas, the said late Clark Howell was one of our State's earliest and staunchest advocates of good roads and many of our public highways now improved were due to his foresight and vision of the future, and Whereas, as much as any other Georgian said late Clark Howell worked for the development of Warm Springs and helped to make it the outstanding such development of the State, resulting in President Franklin D. Roosevelt establishing his part-time home in our State, Therefore be it resolved that this Senate of the State of Georgia, the House concurring, do hereby officially designate the new state highway No. 85 from Atlanta to Warm Springs through Fayetteville, Gay, Woodbury

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and Manchester the Clark Howell Memorial Highway and that the State Highway Board is hereby instructed that upon completion of the highway it be properly identified as such in order that future generations of Georgia be made to fully realize the untold work of said late Clark Howell to his State. Designation of highway. Approved January 18, 1938. COBB MEMORIAL BRIDGE. No. 40. A RESOLUTION. Whereas, General Howell Cobb during his illustrious life of service to the State and to the Confederacy and to the United States, was a Governor of Georgia, the Speaker of the National House of Representatives, Secretary of the Treasury of the United States by the appointment of President Buchanan, President of the Provisional Congress of the Confederacy, and Major General in the Confederate Army, and was during the last years of the War between the States a resident of Sumter County, owning a large plantation near the site of a new bridge which is being constructed on the Crisp Military Highway over the Flint River; and Preamble. Whereas, Captain John Addison Cobb who was the son of the late General Howell Cobb and Mary Anne Lamar, was a resident of Sumter County for more than 60 years, all of which time was spent in working for the best interests of the people of Sumter County and of the State of Georgia, during which time he was Chairman of the Board of County Commissioners, President of the Board of Education, Captain in the Confederate Army and Ordinary of Sumter County, leaving behind him a record of noble service as a citizen and conspicuous valor as a soldier;

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Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the State Highway Board be and is hereby authorized and directed to name the bridge now being constructed on the Crisp Military Highway between Ft. Benning and Ft. Screven, across the Flint River, connecting the County of Sumter with the County of Crisp the General Howell Cobb and Captain John Addison Cobb Memorial Bridge in honor of and as a memorial to the memory of General Howell Cobb and Captain John Addison Cobb. Bridge named. Approved February 16, 1938. CRAWFORD W. LONG HIGHWAY. No. 24. A RESOLUTION. To be entitled a resolution to pay tribute and honor to one of Georgia's noblest sons, by naming the highway beginning at Gainesville in Hall County, Georgia, to Jefferson in Jackson County, Georgia, and ending at Athens, Clarke County, Georgia, in honor of Crawford W. Long and for other purposes. Be it resolved by the General Assembly of Georgia, that, Whereas, one of Georgia's noblest sons, who brought worldwide recognition and glory to his native state and nation through his masterful discovery of the great anesthetic, ether, as a physician and surgeon, was born and reared in Danielsville, Madison County, Georgia, and discovered this great anesthetic while a practicing physician in Jefferson, Jackson County, Georgia, and Preamble. Whereas, his discovery will be known in the annals of the world as the most important medical discovery, and Whereas, all other contributions to medical science are trivial in comparison with ether, and

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Whereas, his ashes now lie in eternal rest at Athens, Clarke County, Georgia, 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. Therefore be it resolved, that the Highway State Road No. 11 from Gainesville in Hall County, Georgia, to Jefferson in Jackson County, Georgia and Road No. 15 from Jefferson in Jackson County, Georgia, to Athens, Clarke County, Georgia, be henceforth designated and named the Crawford W. Long Memorial Highway. Highway designated. This resolution shall not be construed to change or alter the identity or name of any highway previously designated by any other name or portion of it, or that may traverse any other route or herein designated may coincide. Approved February 8, 1938. DRIVER'S LICENSETIME EXTENDED. No. 11. A RESOLUTION. Whereas, every automobile owner has until February 1st to obtain his auto tags, and Whereas, there is appearing in the daily press a story about a dead line for drivers' license as of Saturday, January 15th, Be it therefore resolved by the House of Representatives, the Senate concurring, that the time for obtaining drivers' licenses be and the same is hereby extended until February 1, 1938. Extension to February 1. Approved January 17, 1938.

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DRIVER'S LICENSE AND TAGTIME EXTENDED. No. 20. A RESOLUTION. Whereas, the time for the purchasing of automobile tags for 1938 and driver's license expires Feb. 1st, after which a penalty is attached, and Whereas, it has always been customary in past years to permit a further extension of time without penalty, and Whereas, there is some confusion this year due to the new tag law, Be it therefore resolved by the House of Representatives, the Senate concurring, that the time for purchasing of all tags for motor-vehicles and driver's license for 1938, be and the same is extended until Feb. 15, 1938. Extension to February 15. Approved January 31, 1938. EXPOSITIONSSTATE COMMISSION. No. 42. A RESOLUTION. Whereas, during the year 1939, there will be held in both New York and San Francisco world-wide expositions depicting the progress of this nation and the States thereof, and Whereas, there will be at both of these expositions thousands of visitors from all over the world attracted by the exhibits of both public and private organizations, and Preamble.

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Whereas, the Constitution of the State of Georgia prohibits the appropriation of any funds for this type of exploitation of our State and Georgia therefore can not officially participate, and Whereas, it is the sense of this General Assembly that insofar as is possible this State should participate in both of these great events, Therefore be it resolved that the Governor of this State is requested to name a state-wide commission to direct the activities concerning Georgia's participation in these events and to aid said commission in so far as is possible in promoting Georgia at both New York and San Francisco. Commission to be named. Approved February 16, 1938. HOKE SMITH MONUMENT. No. 39. A RESOLUTION. Whereas, it is fitting and appropriate to encourage the erection of monuments and other suitable memorials to our illustrious dead; and Whereas, the public service of the late Senator Hoke Smith having reflected credit to the State of Georgia and having accomplished enduring benefits to the State and its people, Preamble. Therefore, be it resolved, the Senate concurring, that authority is hereby given to the Governor of the State of Georgia to appoint a commission to be composed of not less than five and not more than ten members to form the Hoke Smith Memorial Association, which Association shall

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undertake to provide ways and means of planning and building a suitable monument to the late Senator Hoke Smith. Be it further resolved, that the said Hoke Smith Memorial Association, organized pursuant hereto, be and it is hereby authorized to erect a monument to the memory of the late Senator Hoke Smith upon the capitol grounds of the State, at a place not otherwise appropriated, to be approved by the Governor. Authority to erect monument. Approved February 16, 1938. HOLIDAY RESOLUTION REPEALED. No. 3. A RESOLUTION. Whereas, the General Assembly did by joint resolution designated as House Resolution No. 29-128B, on the first day of December, 1937, declare the eighth day of December, 1937, to be a holiday; for the State Capitol to be closed on said day, and the General Assembly to attend in a body the unveiling of a marker in honor of the Honorable Franklin Delano Roosevelt, President of the United States, in Gainesville, Georgia, and Preamble. Whereas, it now appears that the Honorable Franklin Delano Roosevelt will be unable, due to illness, to visit the State of Georgia at this time and to attend the said memorial services in the City of Gainesville, Georgia, Therefore be it resolved by the House of Representatives, the Senate concurring, that the said House Resolution No. 29-128B adopted on the first day of December, 1937, be and the same is hereby repealed. Repeal. Approved December 7, 1937.

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INCOME-TAX FILING FEE SUSPENDED. No. 1. A RESOLUTION. Be it resolved by the House, the Senate concurring that the action of the Governor, the Hon. E. D. Rivers, in suspending the minimum payment or deposit of $10.00 for corporations and $2.00 for individuals in filing incometax returns be and the same is hereby ratified. Suspension ratified. Approved December 2, 1937. JOHN B. GORDON HIGHWAY. No. 27. A RESOLUTION. Whereas, General John B. Gordon was loved, honored and revered not only throughout this State, but throughout the Southland, as a statesman and patriot, and as one whom we glorify for his superb courage and fearless devotion to the cause of the South. Leading the Confederate Army across the Potomac into Maryland-storming the bloody heights at Gettysburg-winning his soldier's crown of immortal splendor on that twelfth of May-standing proudly and bravely with that greatest chieftain of all ages, Robert E. Lee, at Appomattox-wherever we think of him he was great; and Whereas, the ancestral home of General Gordon is located in Upson County, Georgia, where he was born and reared, and which is traversed by State Highway Route No. 3, which runs from Atlanta to the Florida line, passing through the Cities of Jonesboro, Griffin, Zebulon, Thomaston, Americus, Albany, Camilla and Thomasville; Preamble. Therefore, be it resolved by the Senate of the State of Georgia, the House of Representatives concurring, that

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State Highway No. 3 be and the same is hereby named and designated the John B. Gordon Highway. Designation. Approved February 7, 1938. JOHN C. BARNES DORMITORY. No. 47. A RESOLUTION. Nestled among the mountains of North Georgia where gold and other minerals abound is an ancient and honorable institution of higher learning made possible by the Morrill Act of 1862, an institution originally created to promote agriculture, mining, military, and in fact all the mechanic arts. Preamble. For more than three score years and ten it has sent from its walls men of culture, skill, ability, and character. Today it is one of the outstanding units in the University System of Georgiaa junior college of high graderetaining as through the years military science and tactics and designated this year by the War Department as one of the eight essentially military colleges in the United States. The North Georgia College at Dahlonega, in the words of Daniel Webster speaking of Dartmouth College, is a small college, but there are those of us who love it. Aurelius in his tent by the Danube tells how he learned discipline from Alexander, courtesy from Sextus, and kindness from Rusticus, mentioning his teachers one by one and their names glow there beside their pupils like stars in that heathen land. In some such way the teacher lives on, teaching in death as in life. The vitalizing force of an institution lies in the work done in the classroom and is determined by the ideals these men cherish and teach.

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The great possessions of an institution are its namesmen who have trodden in its service the thorny roads through trials to the serene abode of fame, like stars to their appointed heights. Great and lovable as have been the able and efficient members of the faculty, one stands out preeminently, after more than a third of a century of service in the hearts and minds of the students and alumni. To measure his greatness one must measure his hearta heart as big as humanity. Such a man is John C. Barnes, Professor Mathematics, born April 20, 1880, was graduated from the North Georgia College, 1902, with the degree of Bachelor of Science, studied at Harvard University summer schools of 1904 and 1909. For thirty years he has served the college well, in prosperity and adversity, and today many men owe their education largely to himthrough loans, through getting for them jobs, and in many other ways. He is a prince among menloved, honored, respected and admired. The poet must have had such a man in mind, when he penned these lines: None knew him but to love him None named him but to praise him. Therefore be it resolved, by the House, the Senate concurring, that the Regents of the University System of Georgia be requested to name the new dormitory now under construction at the North Georgia College in honor of Professor John C. Barnes, familiarly known to all North Georgia College men and Georgians as Daddy Barnes . Name requested. Be it further resolved, that a copy of this resolution be forwarded to the Chancellor of the Board of Regents, to the President of the North Georgia College, and to Professor John C. Barnes. Approved February 18, 1938.

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LEE ESTATERELIEF AS TO INTEREST. No. 41. A RESOLUTION. Whereas, T. G. Farmer, Jr., as county administrator of Coweta County, Georgia, did on the 1st day of April, 1920, become the administrator of the estate of George Lee, and that the last return filed by said T. G. Farmer, Jr. as such administrator was on January 1, 1926, which said return showed that at that time the said administrator had in his hands the sum of three hundred and eighty-seven dollars and eighty-four cents ($387.84) in cash, belonging to said estate, that apparently there are no heirs of said George Lee, and the said estate will in all probability escheat. Preamble. Whereas, the said T. G. Farmer, Jr. filed a bond as county administrator, which said bond was signed by T. G. Farmer, Sr. and H. C. Arnall, Jr., and Whereas, the said T. G. Farmer, Jr. died on the 22nd day of February, 1932, and the said T. G. Farmer, Sr., died on the 8th day of September, 1934; and Whereas, the said administrator and his bondsmen are liable for interest on said sum of money from the date of the last return at the rate of seven per cent. per annum, and Whereas, it is to some extent impractical to invest a sum of money of this size in securities approved by the law, Now, therefore, be it resolved by the House of Representatives the Senate concurring, that the administrator or executor of the estate of T. G. Farmer, Jr., and the executors of the estate of T. G. Farmer, Sr., and H. C. Arnall, Jr., be and they are hereby relieved of the payment

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of any and all interest due the estate of George Lee from January 1, 1926. Relief of payment. Approved February 16, 1938. LIBRARY LAW-BOOKS TO CHATTOOGA COUNTY. No. 30. 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 Superior Court of Summerville, Georgia, Chattooga County, Georgia Code of 1933, published by the Harrison Co., said volume to be furnished without cost to the County of Chattooga. Code to county. Said Code to be for the use of Chattooga County. Approved February 12, 1938. LIBRARY LAW-BOOKS TO CRAWFORD COUNTY. No. 18. A RESOLUTION. Whereas, certain volumes of the Supreme Court Reports also of the Court of Appeals Reports belonging to Crawford 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; Preamble. Be it therefore resolved, by the General Assembly of Georgia, that the State Librarian be and she is hereby

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directed to supply the proper authorities of Crawford County the following volumes of the Supreme Court reports, to wit: 1 to 6 inclusive, 8 to 22 inclusive, 24 to 27 inclusive, 29 to 44 inclusive, 46 to 49 inclusive, 51 to 72 inclusive, 74 to 78 inclusive, 80 to 87 inclusive, 89 to 91 inclusive, 93, 95 to 97 inclusive, 100 to 109 inclusive, 111 to 113 inclusive, 115, 116, 118, 120 to 122 inclusive, 134, 147, 164, 166 to 174 inclusive, 175 to 183 inclusive. Books specified. Also the following reports of the Court of Appeals, to wit: 5, 15, 16, 23, 38, 39, 40, 43, 44, 41, 42, 44 through 55 inclusive. Also the following volumes of Georgia Laws, to wit: 1922, 1926, 1928, 1930, 1932, 1934, 1935, 1937 and extraordinary session of 1937. The Clerk of the Superior Court of Crawford County, Georgia, is hereby made the custodian of all of the volumes above listed, for the use of the Officers of the Superior Court of Crawford County. Approved January 25, 1938. LIBRARY LAW-BOOKS TO DOUGLAS COUNTY. No. 21. A RESOLUTION. Whereas, the office of Clerk of Douglas County has not a full set of law books to which it is entitled under the laws of Georgia, and Whereas, the books missing from said office, to which it is entitled under the laws of Georgia are as follows: Volumes Nos. 54, 58, 59, 65, 66, 67, 73, Georgia Supreme Court Decisions, Preamble.

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Therefore be it resolved, by the General Assembly of Georgia, that the Georgia State Librarian be and is hereby authorized and directed to furnish Douglas County, without cost, the above books enumerated, for use of the clerk, and take the official receipt of said officer for said books upon delivery. Books to be furnished. Approved February 5, 1938. LIBRARY LAW-BOOKS TO FANNIN COUNTY. No. 19. A RESOLUTION. Whereas, the Fannin County Courthouse was destroyed by fire on July 4, 1936, and in said fire certain volumes of the Supreme Court and Court of Appeals were destroyed located in the office of the ordinary, to wit: Georgia Supreme Court Reports: 7, 8, 10, 13, 20, 23, 27, 29, 31, 32, 34, 74, 76, 90, 92, 101, 104, 105, 109, 124, 126, 129, 133, 135, 136, 138, 139, 140, 152, 159, 160, and Georgia Court of Appeals Reports: 3, 4, 5, 6, 7, 8, 13, 25, 26, and 47. Preamble. And the following volumes of the Supreme Court and Court of Appeals in the office of the Clerk of the Superior Court were destroyed to wit: Georgia Supreme Court Reports: Volumes 4, 6, 9, 17, 22, 28, 29, 32, 33, 35, 37, 39, 43, 51, 69, 76, 90, 94, 96, 97, 98, 100, 102, 103, 104, 105, 106, 108, 109, 110, 111, 113, 114, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, and Georgia Court of Appeals Reports: Volumes: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20,

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21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 48, 49, 50, 51, and 52. Books specified. Therefore be it resolved by the General Assembly of the State of Georgia, that the Georgia State Librarian be and she is hereby authorized and directed to furnish to the Ordinary of Fannin County, Georgia, without cost, the said volumes of the Georgia Supreme Court Reports and said volumes of the Georgia Court of Appeals Reports, and to the Clerk of Superior Court of said county, without cost, the said volumes of the Georgia Supreme Court Reports and said volumes of the Georgia Court of Appeals Reports, for the use of the respective offices, and to take official receipts from said officers for the same, upon delivery. Approved January 25, 1938. LIBRARY LAW-BOOKS TO JEFFERSON COUNTY. No. 22. A RESOLUTION. Whereas, the office of the Ordinary of Jefferson County does not have a full set of the law books to which it is entitled under the law of Georgia; and whereas, the books missing from said office to which the ordinary is entitled under the laws of Georgia are as follows: Preamble. Georgia Reports, Volumes: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 36, 37, 38, 39, 40, 43, 48, 56, 57, 60, 63, 64, 65, 71, 76, 77, 78, 89, 100, 130 and 149. Books specified. Georgia Appeals Reports, Volumes 23 and 24. Therefore be it resolved by the General Assembly of Georgia that the Georgia State Librarian be and she is

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hereby required and authorized and directed to furnish to Jefferson County without cost the law books above enumerated for the use of the ordinary of said county and take the official receipt of said ordinary for said books upon delivery. Approved February 5, 1938. LIBRARY LAW-BOOKS TO LAURENS COUNTY. No. 37. A RESOLUTION. Whereas, because of loss by fire, and other causes beyond control by the officials of Laurens County, Georgia, there is not a complete set of Georgia Reports and Court of Appeals Reports in either the office of the Ordinary of Laurens County nor in the office of Clerk of Laurens Superior Court; and Preamble. Whereas the business of the Superior Court of Laurens County, Georgia, 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 Laurens County, Georgia, without costs to the said County of Laurens, the complete set of the Georgia Supreme Courts Reports and the complete set of Georgia Court of Appeals Reports. Complete sets to be furnished. Approved February 16, 1938.

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LIBRARY LAW-BOOKS TO TATTNALL COUNTY. No. 28. A RESOLUTION. Whereas, because of natural wear and tear, loss and destruction or other causes beyond the control of the present Clerk of the Superior Court of Tattnall County, Georgia, and his successors, certain volumes of the Georgia Supreme Court Reports and certain volumes of the Georgia Appeals Court Reports as hereinafter particularly stated are missing from the county library in the office of the Clerk of the Superior Court of said county; Preamble. Now, therefore, be it resolved by the General Assembly of Georgia, and it is hereby resolved by authority of the same, that the State Librarian furnish, and she is hereby authorized and directed to furnish to the County of Tattnall, said State, without cost to said county for the use of the Superior Court of said county the volumes of said reports hereinbelow listed, to wit: Georgia Supreme Court Reports, Volumes 4, 5, 10, 12, 15, 16, 22, 23, 24, 25, 27, 28, 30, 31, 33, 37, 38, 40, 48, 49, 58, 60, 61, 64, 69, 70, 74, 88, 93, 95, 101, 106, 114, 115, 120, 132, 133, 135, 138, 140, 147, 148, 151, 152, 154, 157, 158, 160, and 161 to 179, both numbers inclusive, and all volumes prior to volume No. 1. Books specified. Also Georgia Appeals Court Reports as follows: Volumes 5, 19, 20, 22, and 24 to 49. Approved February 12, 1938.

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LONG AND STEPHENS BIRTHDAYS. No. 36. A RESOLUTION. Whereas, the people of Georgia boast with pride of her two famous sons Crawford W. Long and Alexander H. Stephens, Crawford W. Long having discovered anesthesia which has been a great blessing and a fine contribution to medicine making it possible to operate on the ills of the body without pain, and it has been a benediction to suffering humanity, and Preamble. Whereas, Alexander H. Stephens was vice-president of the Confederacy and contributed much to law and jurisprudence and whose courage in defense of democracy will always live, has been injected into the principles of government and who was ever ready to champion the rights of the people, and Whereas, their statues are now in the Statuary Hall in the Capitol at Washington, Therefore be it resolved by the House of Representatives, the Senate concurring, that a tribute be paid these Georgians by honoring their birthdays each year with appropriate exercises in the public schools of the State, whereby the children may learn to reverence and honor these two distinguished sons of Georgia. Tribute in schools. Approved February 16, 1938. McCLATCHEY CHRISTMAS DISPLAY. No. 7. A RESOLUTION. Whereas, Honorable D. F. McClatchey in his lifetime served as Reading Clerk of the House of Representatives

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from 1898 to 1915 and as Secretary of the State Senate from 1915 through 1930, during which period of time he rendered outstanding service to the State of Georgia; and Preamble. Whereas, Honorable D. F. McClatchey during his lifetime was very much interested in humanitarian work for the people and in accenting and inspiring those traditions of human interest helpful to our people and, in so doing, each Christmas displayed on the grounds of his home an elaborate, illuminated Christmas scene, picturizing the annual visit of Saint Nicholas to the homes of our people; and Whereas, the family and friends of Honorable D. F. McClatchey have this year, through the cooperation of Governor E. D. Rivers, place upon the Executive Mansion grounds a similar illuminated Christmas Santa Claus display as a memorial to Honorable D. F. McClatchey, which display cheers the hearts of thousands of children and grownups who nightly make a pilgrimage to the Mansion grounds to enjoy it; and Whereas, the continuation of such display at Christmas time each year will be both a fitting tribute to the memory of Honorable D. F. McClatchey and a scene of inspirational beauty on the Executive Mansion grounds for the pleasure and inspiration of our people; now, Therefore be it resolved, by the House of Representatives of the State of Georgia, the State Senate concurring, that: (1) We commend the family and friends of the Honorable D. F. McClatchey and Governor E. D. Rivers for their thoughtfulness and cooperation in the memorial now displayed at the Executive Mansion; and Commendation. (2) We urge a continuation of such cooperation by our present and future Governors with the family and

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friends of Honorable D. F. McClatchey each Christmas hereafter for the purposes stated in this resolution. Approved January 4, 1938. NATIONAL INFANTILE PARALYSIS FOUNDATION. No. 8. A RESOLUTION. Whereas, the Honorable Franklin D. Roosevelt, President of the United States, and President of the Georgia Warm Springs Foundation, did on September 23, 1937, create a national foundation to unify and direct the fight against infantile paralysis; Whereas, the Birthday of the President, with his consent, has been set aside by the National Foundation as created for such celebrations as the people of the United States care to have, for the purpose of raising funds for the fight against infantile paralysis; Preamble. Whereas, it is the desire of these bodies to assist the President of the United States in his humanitarian program and particularly in the fight against infantile paralysis; Therefore be it resolved, by the House of Representatives and Senate of the State of Georgia, that (1) The President of the United States be commended upon the creation of the National Foundation for the fight against infantile paralysis. Commendation. (2) That the week preceding January 30 in each year be designated as Button Week, during which time buttons or badges may be sold for raising funds for the fight against infantile paralysis. Week designated.

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(3) That the citizens of the State of Georgia be urged to join in the campaign to raise funds to stamp out infantile paralysis, both by voluntary contributions and by assisting in the celebration of the President's Birthday on January 30 in each year. Contributions. (4) That a copy of this resolution be furnished the Governor of this State and that he, by suitable proclamation, designate the week of January 23 as Button Week. Proclamation. (5) That the Governor of this State be and he is hereby requested to issue a suitable proclamation declaring the Birthday of Franklin D. Roosevelt, January 30, a State Holiday, to be observed by all citizens of this State; such holiday to be on January 29 of this year to coincide with the President's Birthday celebrations, set for that date in view of the actual Birthday, January 30, falling on Sunday. Holiday. (6) That a copy of this resolution be forwarded immediately by the Clerk of the House of Representatives to the Honorable Franklin D. Roosevelt, President of the United States; the Honorable Keith Morgan, National Chairman and Honorable Edgar B. Dunlap, State Chairman of the Committee for the Celebration of the President's Birthday. Copy to be forwarded. Approved January 6, 1938. PAYMENT TO MRS. CAREY THOMAS. No. 33. A RESOLUTION. Whereas, Carey Thomas, Deputy Sheriff of Clinch County, Georgia, was killed in line of duty while attempting to arrest one certain negro by the name of Isaac McBride, on January 14, 1938, and Preamble.

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Whereas, the said Carey Thomas, Deputy Sheriff, left a widow by the name of Mrs. Carey Thomas, and two small children, and Whereas, the said Mrs. Thomas and children are left with no means of support; Therefore be it resolved, by the General Assembly of Georgia, that the county Commissioners are herewith authorized and directed to pay to the widow, Mrs. Carey Thomas, for the support of her and her children the sum of $1,000.00 payable $25.00 each month until the sum of $1,000.00 is paid in full. Authority to pay. Approved February 12, 1938. PRESIDENT ROOSEVELT MEMORIAL. No. 2. A RESOLUTION. Whereas, the Hon. Franklin Delano Roosevelt, President of the United States, will honor the State of Georgia with his presence on the 8th day of December, 1937, and Preamble. Whereas there will be unveiled in the City of Gainesville, Georgia, a memorial in honor of Franklin Delano Roosevelt, Therefore in respect to this great President of the United States, and in appreciation of his splendid efforts in the interest of humanity be it hereby resolved by the General Assembly of the State of Georgia, that the 8th day of December, 1937, be declared a holiday. Holiday to be declared. Be it further resolved that the Capitol of the State of Georgia be closed on the said date. Be it further resolved that the General Assembly of the State of Georgia attend in a body the ceremony in honor of

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the President to be held at Gainesville, Georgia, at two-thirty o'clock (2.30) p. m. central standard time, December 8, 1937. Ceremony. Approved December 3, 1937. RADIO COMMISSION FUND. No. 44. A RESOLUTION. Whereas the General Assembly of Georgia by resolution directed that all bonds and money posted by the Dixie Terminal Building Company or the United States Cold Storage Corporation be declared forfeited to the State in the event the terms of the contract and lease of the aforesaid was not complied with in accordance with the terms thereof on or before August 1, 1937, and Preamble. Whereas it was further resolved, that any funds received by the State of Georgia as a result of the resolution be allocated to the State Radio Commission to use as it sees fit in carrying out the functions of said commission, as specifically set forth in the Act approved March 30, 1937, establishing said radio commission; Be it therefore resolved by the General Assembly of Georgia, that the State Treasurer of Georgia is authorized and directed to set up the funds derived from this source to the credit of the State Radio Commission for operations, and the same is hereby appropriated for payment from the State Treasury in the same manner as other payments are made. Fund for commission. Be it therefore further resolved, the State radio shall never be used for political purposes by or for any State official, unless the time is paid for at the usual rate. Approved February 16, 1938.

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RECESS RESOLUTION. No. 5. A RESOLUTION. Whereas, there are many important measures pending before the General Assembly at the present time, and Whereas, it is impossible for the House and Senate to give these measures the consideration to which they are entitled and reach a sine die adjournment before the Christmas Holidays, and Preamble. Whereas, the business of most of the members of the General Assembly demands their presence at home during the holidays. Therefore, be it resolved by the House of Representatives, the Senate concurring, that the General Assembly of Georgia, now in extraordinary session convened, take a recess adjournment on Wednesday, December 22, 1937, at one o'clock to last until January 3, 1938, at ten o'clock A. M., at which time both Houses shall be reconvened, and the extraordinary session shall continue, and the recess adjournment shall end. Recess taken. And be it further resolved, that mileage allowance and the per diem salary and all expenses of the members and attaches of both Houses be suspended during the period of recess adjournment, from December 22, 1937 to January 3, 1938. Expenses. Approved December 21, 1937. SAM TATE HIGHWAY. No. 26. A RESOLUTION. Whereas, Colonel Sam Tate, of Tate, Pickens County, Georgia, is one of the most outstanding citizens of the State of Georgia, and

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Whereas, the said Colonel Sam Tate has been a leader in the State of Georgia, in the advancement of all things contributing to the progress of this State, and Preamble. Whereas the said Colonel Sam Tate has most ably served this State as Chairman of the Highway Commission, and Whereas, the said Colonel Sam Tate has contributed greatly both in time and money and is more responsible than any other person for the construction of the road herein mentioned; therefore, Be it hereby resolved by the House of Representatives, the Senate concurring, that in honor of the said Colonel Sam Tate and in commemoration of his splendid and lasting service to the State of Georgia, that certain highway beginning at the Georgia-Alabama line in Floyd County, running thence by way of the City of Rome, thence to the City of Calhoun in Gordon County, thence by way of the City of Jasper and the City of Tate in Pickens County, thence by way of the City of Dawsonville in Dawson County, thence by way of the City of Gainesville in Hall County, thence by way of the City of Hoschton and the City of Braselton in Jackson County, thence by way of the City of Winder in Barrow County and thence to the City of Watkinsville in Oconee County, be and the same is hereby named and designated as the Sam Tate Highway, to be known by such name henceforth. Designation of highway. Be it further resolved that upon the passage of this resolution by the House of Representatives and the Senate, the Clerk of the House of Representatives shall forward to Colonel Sam Tate a certified copy thereof. Approved February 7, 1938.

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SEAFOOD LICENSE TAX REFUND. No. 38. A RESOLUTION. Whereas, the General Assembly of Georgia passed a bill at the 1937 regular session, imposing a license fee of two hundred dollars ($200.00) on wholesale seafood dealers of this State, and Preamble. Whereas, the bill was never operative, but some of the wholesale seafood dealers paid to the department of wild life the above license. Whereas, the department of wild life returned to some of the wholesale seafood dealers the above license fees, and the department of wild life still has some of the fees so remitted to that department by said dealers, and that same is being held, subject to be returned to said dealers or their constituted agents. Therefore be it resolved by the House of Representatives, the Senate concurring, that the department of wild life, J. D. Mitchell as director, thereof, is hereby directed to refund the said license fees to the wholesale seafood dealers of this State. Refund of payments. Approved February 16, 1938. SURETIES MOBLEY ET AL. RELIEVED. No. 6. A RESOLUTION. Whereas, on the 12th day of August, 1936, Mobley and Lunsford, a firm composed of R. F. Mobley and Joel Lunsford, became surety on the bond of Harold Clark who as principal stood charged in the City Court of Decatur, DeKalb County with a misdemeanor, said bond was in the penal sum of $300.00, and Preamble.

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Whereas, on the 3rd day of September, 1936, said bond was forfeited in said court on account of the failure of the said sureties to produce the body of their principal in the court in accordance with the terms of the said bond, and Whereas, on the 1st day of October, 1936, a judgment was entered against said sureties and said principal in the principal sum of $300.00 and costs in accordance with the failure on their said bond, and Whereas, on the 30th day of November, 1937, the said bondsmen or sureties at their own expense arrested and brought said principal and surrendered him into court and said principal was tried and fully answered to the judgment of said court in said criminal case, and Whereas, said bondsmen having produced the said principal and the said principal having been brought into the court and having satisfied the fines and penalties imposed upon him by the court. Therefore, be it resolved by the Senate of the State of Georgia, the House of Representatives concurring, that the said Harold Clark, principal, and Mobley and Lunsford his bondsmen or sureties be relieved of all liability on said execution and judgment and the Clerk of the Superior Court of DeKalb County is hereby authorized and directed to cancel said execution on the records of said county reciting this resolution as his authority so to do. Relief and cancellation. Approved December 23, 1937. SURETY CLARY RELIEVED. No. 32. A RESOLUTION. Whereas, Thomas L. Clary, of Richmond County, Georgia did on the 10th day of January, 1936 become surety on the appeal bond of one W. E. Keener, said bond being

Page 1417

returnable to the City Court of Richmond County on the appeal of said W. E. Keener convicted on two counts of keeping and maintaining a lottery and sentenced to pay a fine of seventy five dollars or serve three months on the chain gang on each count. The appeal bond totalled three hundred dollars, and Preamble. Whereas said appeal was regularly heard by the Court of Appeals and the judgment of said City Court of Richmond County was sustained, said bond was forfeited during the October term of the said City Court of Richmond County on the non-appearance of the said W. E. Keener to serve said sentence and his not being produced by said bondsman, Thomas L. Clary, who offered no defense to said forfeiture, whereupon judgment was entered against W. E. Keener, principal and Thomas L. Clary, surety for the sum of three hundred dollars and a rule absolute taken at the December term, 1936 on which an execution was issued upon said forfeiture, and Whereas the said W. E. Keener had died prior to the issuance of rule nisi and was dead at the time of said rule absolute and therefore could not be produced by said bondsman; Now therefore be it resolved by the House of Representatives, the Senate concurring, that inasmuch as the County of Richmond must yield to an Act of God as to the principal in said cases, that said County of Richmond shall be and is authorized to relieve the surety, Thomas L. Clary from his responsibilities as bondsman and said Richmond County, Georgia and the Clerk of the City Court of Richmond County, 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 Richmond County, Georgia, under the authority of this resolution. Relief and cancellation. Approved February 12, 1938.

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SURETY LESSER RELIEVED. No. 31. A RESOLUTION. Whereas Mrs. Ida Lesser did on the 24th day of April, 1937, become bail for the appearance of one G. L. Godhigh, returnable to the term in session of the Floyd Superior Court of Rome, Georgia, in a case charging him with the offense of driving an automobile while under the influence of intoxicating liquor which said bond was forfeited in case No. 1918 by reason of the non-appearance of the said G. L. Godhigh at the October term, 1937, of said court and whereas a rule absolute was issued at the October term, 1937, and execution issued upon the rule absolute on the forfeiture of said bond for the principal sum of one hundred dollars and cost and whereas the said G. L. Godhigh was afterwards recaptured by said Mrs. Ida Lesser and who paid the expenses of said recapture and return of him back to Floyd County and whereas the said G. L. Godhigh was delivered over to the Sheriff of Floyd County and whereas the said G. L. Godhigh was tried and acquitted of the offense, as charged, at the January term, 1938, of Floyd Superior Court. Preamble. Be it resolved by the House of Representatives and the Senate concurring that inasmuch as the purpose for which the said bond was made is fully accomplished that the said Mrs. Ida Lesser be released from all liability on said execution issued, all said forfeiture, provided, however, that the said Mrs. Ida Lesser has paid all the cost in forfeiture of said bond. Relief. Cost. Approved February 12, 1938.

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SURETY SIMERLEY RELIEVED. No. 16. A RESOLUTION. Whereas, A. T. Simerley did become surety for the appearance of Fred Hayes, who was accused in the City Court of Sylvester, prior to the February term, 1935, of a misdemeanor, and whose bond was for the sum of one hundred dollars ($100.00); and Preamble. Whereas, the said A. T. Simerley did produce into court and surrender his principal within the terms of said bond, and during the term of court, at which the said principal was convicted and his case disposed of; and Whereas, a judgment was entered on February 23, 1935, forfeiting said bond of one hundred dollars ($100.00) against said A. T. Simerley, as security thereto, and is now recorded on the General Execution Docket of Worth County, Georgia, in Book F, page 224, for one hundred dollars ($100.00) principal and $16.85 costs. Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the said A. T. Simerley, the surety on said bond of Fred Hayes, be, and he is hereby released from any and all liability on said bond, and from the payment of said judgment based on said bond, and the Clerk of the Superior Court of Worth County, Georgia, is hereby authorized and directed to mark said bond satisfied and cancelled, the same of record so far as A. T. Simerley is concerned on the Execution Docket of said county, where the same is recorded, by authority of this resolution. Relief and cancellation. Approved January 25, 1938.

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SURETY TINDOL RELIEVED. No. 29. A RESOLUTION. Whereas, R. L. Tindol, did, on the 16th day of December, 1935, become surety on a certain bond in the sum of two hundred ($200.00) dollars, conditioned for the appearance of C. L. Martin, at the March Term, 1936 of the city court of Dublin, Laurens County, Georgia, to answer an accusation pending in said court, charging the said C. L. Martin, principal, with the offense of a misdemeanor, which said bond was forfeited by reason of the non-appearance of the said C. L. Martin, and the rule nisi having been taken at the March Term, 1937, and the rule absolute taken at the June Term 1937, for the principal sum of $200.00 and all costs, and execution was recorded on the general execution docket of Laurens County, and whereas, said surety thereupon located and apprehended the said C. L. Martin, and delivered him into the custody of the Sheriff of Laurens County to answer said accusation. Preamble. Whereas, R. L. Tindol, did, on the 16th day of December, 1935, become surety on a certain bond in the sum of two hundred ($200.00) dollars, conditioned for the appearance of Kenneth Martin, at the March Term, 1936, of the city court of Dublin, Laurens County, Georgia, to answer an accusation pending in said court, charging the said Kenneth Martin, principal, with the offense of a misdemeanor, which said bond was forfeited by reason of the non-appearance of the said Kenneth Martin, and the rule nisi having been taken at the March Term, 1937, and the rule absolute at the June Term, 1937, for the principal sum of $200.00 and all costs and execution issued against said forfeiture and recorded on the general execution docket of Laurens County, and whereas, said surety thereupon, located and apprehended the said

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Kenneth Martin, and delivered him into the custody of the sheriff of Laurens County to answer said accusation. Whereas, R. L. Tindol, did, on the 22nd day of September, 1935, become surety on a certain bond in the sum of three hundred ($300.00) dollars, conditioned for the appearance of Nellie Toland, at the December Term, 1935, of the city court of Dublin, Laurens County, Georgia, to answer an accusation pending in said court, charging the said Nellie Toland, principal, with the offense of possession of liquor, which said bond was forfeited by reason of the non-appearance of the said Kenneth Martin, and the rule nisi having been taken at the December Term, 1935, and the rule absolute at the March Term, 1936, for the principal sum of $300.00 and all costs and execution issued against said forfeiture and recorded on the general execution docket of Laurens County, and whereas, the surety, upon a thorough investigation, learned that the said Nellie Toland died during the month of February, 1936, which time was before the rule absolute was taken, and he could not apprehend her and place her in the custody of the sheriff. Whereas, R. L. Tindol, did on the 17th day of August, 1934, become surety on a certain bond in the sum of one hundred ($100.00) dollars, conditioned for the appearance of Henry Thomas, at the September Term, 1934, of the city court of Dublin, Laurens County, Georgia, to answer the accusation pending in said court, charging the said Henry Thomas, principal, with the offense of larceny, which said bond was forfeited by reason of the non-appearance of the said Henry Thomas, and the rule nisi having been taken at the March Term, 1937, and the rule absolute at the June Term, 1937, for the principal sum of $100.00 and all costs, and execution issued against said forfeiture and recorded on the general execution docket of Laurens County, and whereas, the said surety, apprehended said principal on said bond and he was sentenced to twelve months on the chain-gang.

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Whereas, R. L. Tindol, did on the 2nd day of August, 1936, become surety on a certain bond in the sum of two hundred ($200.00) dollars, conditioned for the appearance of Johnnie Smith, at the September Term, 1936 of the city court of Dublin, Laurens County, Georgia, to answer an accusation pending in said court, charging the said Johnnie Smith, principal, with the offense of larceny, which said bond was forfeited by reason of the non-appearance of Johnnie Smith, and the rule nisi having been taken at the March Term, 1937, and the rule absolute having been taken at the June Term, 1937, for the principal sum of $200.00 and all costs and execution issued against said forfeiture and recorded in the general execution docket of Laurens County, and whereas, said surety, paid all costs for the recapture of said Johnnie Smith, and said Johnnie Smith is now incarcerated in the jail of said county. Whereas, R. L. Tindol, did on the 16th day of June 1936, become surety on a certain bond in the sum of two hundred ($200.00) dollars, conditioned for the appearance of Lofett Mack, at the September Term, 1936, of the city court of Dublin, Laurens County, Georgia to answer the accusation pending in said court, charging the said Lofett Mack with a misdemeanor, which said bond was forfeited by reason of the non-appearance of the said Lofett Mack and the rule nisi having been taken at the September Term, 1936, and the rule absolute taken at the December Term, 1936, for the principal sum of $200.00 and all costs, and execution was issued against said forfeiture and recorded on the general execution docket of Laurens County, and whereas, the said Lofett Mack, subsequently appeared in court, voluntarily, to answer to said charge, and the said Lofett Mack entered into a new bond for his appearance. Whereas, R. L. Tindol, did on the 27th day of February, 1936, become surety on a certain bond in the sum of two hundred ($200.00) dollars, conditioned for the appearance

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of Ernest Hughes, at the March Term, 1936 of the city court of Dublin, Laurens County, Georgia, to answer an accusation, pending in said court, charging the said Ernest Hughes, principal, with the offense of larceny, which said bond was forfeited by reason of the nonappearance of the said Ernest Hughes, and the rule nisi having been taken at the September Term, 1936, and the rule absolute taken at the December Term, 1936, for the principal sum of $200.00 and all costs, and execution issued against said forfeiture and recorded on the general execution docket of Laurens County, and, whereas, said Ernest Hughes was incarcerated in the chain-gang of Emanuel County at the time of the forfeiture and is now on the gang, and the sheriff of Laurens County has relieved this surety on said bond and assumed the responsibility of having Ernest Hughes in custody to answer to said charge. Whereas, R. L. Tindol, did, on the 11th day of January, 1937, become surety on a certain bond in the sum of two hundred ($200.00) dollars, conditioned for the appearance of Charlton Warren, at the March Term, 1937 of the city court of Dublin, Laurens County, Georgia, to answer an accusation, pending in said court, charging the said Charlton Warren with the offense of larceny, which said bond was forfeited by reason of the nonappearance of the said Charlton Warren, and the rule nisi having been taken at the March Term, 1937, and the rule absolute taken at the June Term, 1937, for the principal sum of $200.00 and all costs, and execution issued against said forfeiture and recorded on the general execution docket of Laurens County, Georgia, and, whereas, the said Charlton Warren, subsequently appeared in court, voluntarily, to answer to said charge and was sentenced and is now serving said sentence,imposed upon him. Whereas, R. L. Tindol, did, on the 18th day of July, 1936, become surety on a certain bond in the sum of two hundred ($200.00) dollars, conditioned for the appearance

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of Harvey Green at the October Term, 1936, of the Superior Court, Laurens County, Georgia, charged with the offense of burglary, which said bond was forfeited by reason of the non-appearance of the said Harvey Green, and the rule nisi having been taken at the April Term, 1937, and the rule absolute taken at the July Term, 1937, for the principal sum of $200.00 and all costs, and execution issued against said forfeiture and recorded on the general execution docket of Laurens County, and whereas, the surety thereupon has located and apprehended the said Harvey Green and delivered him into the custody of the sheriff of Laurens County, to answer the charge against him. Whereas, R. L. Tindol, did on the 4th day of May, 1930, become surety on a certain bond in the sum of two hundred ($200.00) dollars, conditioned for the appearance of Robert Lattimore at the July Term, 1931, of the Superior Court of Laurens County, Georgia, and whereas, the said bond was forfeited by reason of the non-appearance of the said Robert Lattimore and whereas, a rule absolute was entered December 10th, 1932, and an execution issued on the forfeiture of said bond in the principal sum of $200.00, and all costs, and whereas, before the rule absolute was taken, surety thereupon made an investigation and offered a reward for said Robert Lattimore, and learned that he has been killed in an automobile accident in Glynn County, near Brunswick and could not deliver him into custody of the sheriff of Laurens county for trial in said case. Now therefore be it resolved by the House of Representatives, the Senate concurring, that said R. L. Tindol be relieved from all liabilities on said bonds and costs, and the Clerk of the Superior Court of Laurens County, Georgia, be and he is instructed and directed to cancel the executions issued upon the forfeitures of the above stated bonds. Relief and cancellation. Approved February 12, 1938.

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SURETY WRENN RELIEVED. No. 17. A RESOLUTION. Whereas Charles R. Wrenn, did become surety for Harry Flynn on the 13th day of November, 1934, for the commission of a felony, said Harry Flynn having been indicted during the January Term, 1935, of the Superior Court of Richmond County, Georgia and whereas the said Charles R. Wrenn bound himself in the sum of five hundred ($500.00) dollars for the appearance of said Harry Flynn at the January Term of said Court, and whereas the said Harry Flynn failed to appear at said term, and that bail bond was forfeited and a rule to show cause was duly served upon the said Charles R. Wrenn, and whereas, at the May Term, 1935, of said Court, the said Harry Flynn, having failed to appear, said rule was made absolute, the order of the Court appearing on the minutes of the Richmond Superior Court, and whereas the said Harry Flynn has been surrendered to said Court, stood trial and has been duly sentenced by said Court; and whereas, the said sentence of the Court has been complied with and satisfied by the said Harry Flynn, and the ends of justice having been fully met in said case, the forcing of the said Charles R. Wrenn to pay said bond would be a great hardship and manifestly unfair; Preamble. Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the said Harry Flynn, principal, and the said Charles R. Wrenn, sureties on the bond as aforesaid, be and they are hereby relieved from any and all liability on said bond, and the payment of judgment based on said bond, and that the Clerk of the Superior Court of Richmond County, Georgia, is hereby authorized and directed to mark said bond and judgment thereon satisfied and strike said judgment from the records of his office. Relief and cancellation. Approved January 25, 1938.

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TENNESSEE COPPER COMPANY CONTRACT. No. 4. A RESOLUTION. To authorize and direct the Governor of the State of Georgia to contract with Tennessee Copper Company in respect to the subject-matter of the litigation pending in the Supreme Court of the United States between the State of Georgia and Tennessee Copper Company and Ducktown Sulphur, Copper and Iron Company, Ltd., (which company was succeeded by Ducktown Chemical and Iron Company); to provide for the modification of the existing contracts between the State of Georgia and Tennessee Copper Company and Ducktown Chemical and Iron Company and the merging of them into one contract between the State of Georgia and Tennessee Copper Company, as the properties of Ducktown Chemical and Iron Company have been purchased by that company; to provide for a system of arbitration for the settlement of damages which may be done by Tennessee Copper Company to the citizens of Georgia; and for other purposes. Whereas, the State of Georgia has pending against Tennessee Copper Company and Ducktown Sulphur, Copper and Iron Company, Ltd., (which company was succeeded by Ducktown Chemical and Iron Company), in the Supreme Court of the United States and action for injunction and other relief which has been pending for a number of years, but the State of Georgia has found it more expedient and in the interest of its citizens to give these companies an opportunity to remedy the evils complained of and to adjust such damages as may be done to the citizens of this State through a system of arbitration, and in pursuance of this policy the Governor, at the direction of the General Assembly, from time to time, has entered into contracts with these companies designed to the end just stated; and Preamble.

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Whereas, during the operation of these contracts, the companies have relieved the conditions formerly existing and such damages as now occur are casual and easily to be compensated by the award of damages in individual cases; and Whereas these improvements and diminution of the damages have progressed to such an extent that the annual damage is now much less than the expenses of the arbitration board so that is is no longer necessary to expend the large sums of money hitherto spent in the maintenance of the arbitration as formerly maintained, but the same can now be operated effectively at much less expense; and Whereas, the properties of Ducktown Chemical and Iron Company, including those in Polk County, Tennessee, were purchased by Tennessee Copper Company on August 31, 1936, and the plant of said Ducktown Chemical and Iron Company located at Isabella, Tennessee, is now being operated by Tennessee Copper Company and that company has continued to operate its plant at Copperhill, Tennessee, and Tennessee Copper Company assumed the obligations in the contract between this State and Ducktown Chemical and Iron Company and all of the expense of maintaining the arbitration system is being paid by Tennessee Copper Company, and that company is paying all of the awards made by the arbitration board, and it is advisable to now make one contract between this State and Tennessee Copper Company. Therefore, be it resolved by the General Assembly of Georgia (the Senate and the House of Representatives concurring) that the Governor be and he is hereby authorized and directed to enter into a new contract with Tennessee Copper Company, said contract to be substantially as follows: Authority to Governor. This agreement, between the State of Georgia, through His Excellency, E. D. Rivers, Governor of the State of

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Georgia, herein called the State, and Tennessee Copper Company, a New Jersey Corporation, its successors and assigns, herein called the Company; Contract. WITNESSETH: That, whereas, it is mutually agreed between the State and the company as follows: (1) The company binds itself to maintain and operate its sulphuric acid plants and acid making appliances and processes in Polk County, Tennessee, which are located at Copperhill and Isabella, at the highest practical state of efficiency. (2) The company further agrees that from April 10th to October 1st of each year it will not permit the escape into the air of sulphur dioxide gases from its Copperhill plant which have a total sulphur content of more than eighty-eight (88) tons in any one day, and it will not permit the escape into the air of sulphur dioxide gases from its Isabella plant which have a total sulphur content of more than forty (40) tons in any one day. (3) The company shall make sworn reports to the Governor of the State as to the tonnage of green ore and concentrates smelted and converted, or otherwise treated, and the tonnage of acid made during the said period from April 10th to October 1st of each year at its said Copperhill and Isabella plants, a separate report to be made for each plant, such reports to be made at such intervals and in such form and manner as may be prescribed by the Governor of the State, with full right on the part of the State's arbitrator, acting ex-officio as inspector hereunder, to inspect the plants of the company at such time or times between said dates of each year as to the Governor may seem advisable or necessary for his information as to such tonnage of ore and concentrates smelted and converted, or otherwise treated, during said period from year to year.

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(4) The company shall file with the Governor on April 10, 1938, (to cover the period from April 10, 1938 to April 10, 1939), a bond with some solvent surety company admitted to do business in the State as surety and payable to the Governor, and his successors in office, in the penal sum of five thousand dollars ($5,000.00), conditioned for the payment of each and every award made within the limits and under the terms of this contract and each and every item of expense due to be paid by the company as and when the same shall become payable under this contract; and on or before the 10th day of April of each and every year the company shall file a new bond for each year; but the company may aggregate a number of years together and file bond with the penalty as stated above, multiplied by the number of years it is intended to cover, instead of filing a bond for each of said years. The contract year for the purpose of this contract shall run from April 10th to April 10th of each year, as stated above, the first bond of the company to be filed under this contract to be for the period from April 10, 1938 to April 10, 1939. The company has heretofore filed bonds which are now in effect and which cover the period from October 1, 1937 to October 1, 1938, and said bonds shall be considered as released and discharged when the bond is filed under this contract on April 10, 1938. (5) The company agrees to submit to a board of arbitration, to be constituted as hereinafter provided, the ascertainment and assessment of such damages as may be caused to the citizens of the State and their property by sulphur dioxide gases produced by its said plants at Copperhill and Isabella to an amount and extent not exceeding five thousand dollars ($5,000.00) per annum; but there shall be reserved to all citizens of the State who do not submit their claims to such arbitration the right to sue upon or otherwise adjust their claims or demands

Page 1430

against the company accordingly as they might do if this contract were not made. (6) The board of arbitration herein referred to shall be composed as follows: the company shall appoint one arbitrator, whose compensation and expenses shall be paid by it, to be known as the company's arbitrator. The Governor of the State shall appoint one arbitrator, who shall be known as the State's arbitrator. Unless the arbitrator appointed by the company shall be a citizen of of one of the three Counties of Fannin, Gilmer or Union, then the State's arbitrator shall be a citizen of one of those counties and may be selected from one of those counties even though the company's arbitrator also resides therein. The State's arbitrator shall also be ex-officio an inspector, as provided hereinabove. In the event the arbitrator appointed by the company and the State's arbitrator are unable to agree in respect to any award or any matter affecting their duties under the contract, and only in the event of such disagreement, they shall agree and designate some disinterested person to act as umpire in the matter as to which the two arbitrators have so disagreed, and the decision of the majority of the board as thus constituted shall constitute the action of the board and be binding accordingly. The State's arbitrator shall receive a salary not exceeding one hundred dollars ($100.00) a month for the period from April 10th to November 1st of each year and his necessary expenses to be audited and allowed by the Governor when he is actually engaged in the work, the same to cover his services as arbitrator and inspector. The company may arrange to have the salary of the State's arbitrator paid direct to him by it; however, all of the necessary expenses, both of the company's arbitrator and of the State's arbitrator, while engaged in all of their duties in respect to this contract, shall be paid by the company's arbitrator, and the company's arbitrator shall keep separate account of the expenses of the State's arbitrator and render bills in duplicate to the

Page 1431

company for same; and such sums so paid shall operate to discharge the liability of said company to the same extent as if paid to the Governor and disbursed by him to the State's arbitrator or as if paid to the arbitrator upon order of the Governor; and the company shall file with the Governor duplicates of the receipted expense bills and salary receipts of the State's arbitrator for the funds so paid to him. The umpire, if and when appointed in accordance with the provisions of this contract, shall receive as compensation for his services an amount not exceeding ten dollars ($10.00) per day and his actual expenses while engaged in determining the matters as to which he is called in by the disagreement of the two arbitrators, the same to be audited and allowed by the Governor, but the same may be paid to the umpire by the company directly with duplicate receipts to the Governor in like manner as provided in the case of the payment for the services and expenses of the State's arbitrator. (7) The company's arbitrator and the State's arbitrator shall make and formulate appropriate rules and regulations for the governing of the arbitration in accordance with this contract and file a copy thereof with the Governor. (8) No citizen of the State having or claiming to have any right of action for damages on account of injury done by the company shall be bound by the terms of this contract unless such citizen shall voluntarily submit his claim to arbitration under the rules and regulations referred to in the preceding paragraph of this contract, in which event he shall be bound by the award. (9) Said arbitrators shall personally investigate each claim submitted for arbitration hereunder by the citizens of the State for the damages to their crops or timber caused by sulphur dioxide fumes from the said plants of the company, and shall appraise such damage, if any, and shall make an award in cash therefor, which award shall

Page 1432

be paid upon warrant as may be prescribed in the rules and regulations referred to in the paragraph designated 8 hereof. (10) In case of the death, resignation or removal by the company of the company's arbitrator, it shall name another arbitrator to take his place and perform the duties required of him under this contract, and shall notify the Governor of such change. If a vacancy shall occur as to the arbitrator appointed under this contract on behalf of the State by reason of the death, resignation or inability of such State's arbitrator to act, the vacancy shall be filled by the appointment by the Governor of another disinterested and competent person to fill the place and discharge the duties of State's arbitrator and inspector. The Governor shall at any time have the power to remove the State's arbitrator and appoint a successor for cause. (11) Whenever from time to time in the opinion of the Governor of the State there shall arise the necessity for the determination of the bona fide performance of this contract, then upon thirty (30) days written notice to the company, addressed to it at 61 Broadway, New York City, the company shall appoint one arbitrator of its own selection, and the State by the Governor shall appoint the State Chemist of the State, or such other person as the Governor may deem proper, as arbitrator for the State, and such two arbitrators shall select some competent person as umpire, which board so created shall determine the question of the bona fide performance of this contract, and a majority finding of such board on that question shall be final and binding upon the parties hereto. (12) Nothing herein contained shall be construed as any admission by the company that any damage is now being done or will hereafter be done to the property of the citizens of the State or to the State.

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(13) It is the intention of the parties hereto to create and maintain a permanent arbitration system, and it is agreed that this contract shall continue in effect, unless terminated by the mutual agreement of the company and the Governor, after the Governor has been authorized and directed by the Legislature of the State to do so, or terminated by the permanent cessation of operations of both of said plants of the company, it being agreed and understood, however, that the temporary suspension of operations at either or both of said plants shall not terminate the contract. (14) All expenses of every kind which may be incurred incident to the maintenance of the arbitration and the awards pursuant thereto are to be paid by the company it being agreed that the State shall not be required to pay any amount whatever. (15) This contract is to be executed in duplicate and the original thereof is to be filed in the office of the Governor and the executed duplicate is to be delivered to the company. In witness whereof, these presents have been signed by His Excellency, E. D. Rivers, Governor, in behalf of the State, and the company has caused it to be executed by its authorized officers on this, the.....day of..... A. D., 19..... Be it further resolved, that upon such new contract being satisfactorily executed between the Governor on behalf of the State of Georgia and the said Tennessee Copper Company through its authorized officers, the Attorney General of this State is directed to join with the attorneys representing said company in taking such steps in the Supreme Court of the United States as may be necessary in order to have the said suit styled State of Georgia by its Attorney General vs. Tennessee Copper Company et al, being original cause No. 1 in equity, dismissed and stricken from the docket of that court, and

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all orders and decrees heretofore entered in said cause vacated, and the order in such appropriate form as may be approved by said court shall recite that all costs in the cause which have been taxed against the State or said Tennessee Copper Company are to be paid by that company. Dismissal of suit. Be it further resolved, that all laws and resolutions in conflict herewith be and the same are hereby repealed. Approved December 15, 1937. TOM BELL HIGHWAY. No. 45. A RESOLUTION. Georgia is proud of her distinguished sons and from time to time tries to recognize both their private and public services by commemorating their names through the ages. For years there has lived in Georgia and in the Ninth Congressional District an able citizen and statesman that the people repeatedly have elected to public office, county, state, and national. Preamble. Hon. Thomas M. Bell represented the Ninth Congressional District of Georgia from 1904 to 1930, a period of twenty-six years of continuous and progressive service as a member of the Congress of the United States. He performed his duties wellwith credit to himself and to the people he so efficiently represented. To him belongs the honor and credit of having introduced the first bill to provide for highwaysa bill asking for seventy-five million dollars. This bill was introduced in 1906 and thereafter until it became a Federal law. Our friend has never sought publicity nor claimed to be originator of the present highway system in the United States. However, the facts are a matter of public record.

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Hon. Thomas M. Bell is a modest and an unassuming gentleman, a prince among men, loved and respected and admired by the people of the state for his valuable services and lovable qualities. He has retired to private life, but his splendid public service for more than a third of a century is still remembered. In the nature of things, his life today is in the sere and yellow leaf, and to him should be given a rose while living rather than a garland of the most exquisite flowers after he has crossed the crystal river where they ring those golden bells for you and me. Therefore, be it resolved, that the House, the Senate concurring, designate the trail or highway now being built from Cleveland to Hiawassee via Nacoochee, Helen, Hiawassee and Murphy, North Carolina, as the Tom Bell Highway, in honor of Hon. Thomas M. Bell. Highway designated. Be it further resolved that the clerk send a copy of this Resolution to the Highway Board and a copy of same to the Hon. Thomas Bell. Approved February 16, 1938. UNFINISHED BUSINESS OF ASSEMBLY. No. 35. A RESOLUTION. Be it resolved that the chairman of the engrossing, enrolling, and auditing committees and not to exceed seven members each of said committees, to be appointed by the chairmen thereof, be and they are hereby authorized to remain at the Capitol ten days after adjournment for the purpose of bringing up the unfinished business of the session, and that they be allowed their per diem during said time. That the Postmistress and Assistant Postmistress of the House be authorized to remain at the Capitol five

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days after the adjournment of the General Assembly for the purpose of forwarding the members' mail and that she be allowed her same per diem for said time. That two porters of the House be and they are authorized to remain at the Capitol not more than five days after the adjournment of the General Assembly and that they be allowed their same per diem for such time. Officers authorized to remain. Payment. Be it further resolved that the Speaker of the House and his Secretary and Stenographer and the Clerk of the House be authorized to remain at the Capitol ten days after the adjournment of the General Assembly for the purpose of signing and reading bills and clearing up the unfinished business of the House, and that they be paid their same per diem as was paid during the Extra Session. Approved February 16, 1938. YALOVITZ TAX-PAYMENT REFUND. No. 25. A RESOLUTION. For the relief and refund of tax paid by D. Yalovitz, doing business under the trade-name of LaGrange Jewelry and Arms Company, and Hudson Hardware Company, a corporation. Whereas, D. Yalovitz, doing business under the trade name of LaGrange Jewelry and Arms Company at LaGrange, Georgia, and Hudson Hardware Company, a Corporation of LaGrange, Georgia, were each assessed in Troup County, Georgia, as dealers in pistols and cartridges under the general tax Act of 1927, section 2, paragraph 86, the sum of one hundred dollars ($100.00) each for the taxes for 1928 and one hundred dollars ($100.00) each under said Act for taxes for the year 1929, and which taxes were paid by each of the named parties to

Page 1437

Frank Hutchinson, Tax-Collector of Troup County, Georgia, and said taxes were paid into the Treasury of the State of Georgia, and Preamble. Whereas, that portion of said Act under which said taxes were assessed and collected, was unconstitutional and has been so held by the Supreme Court of Georgia, and the said sums paid by D. Yalovitz and Hudson Hardware Company as aforesaid, has never been refunded to them. Now therefore, be it resolved by the General Assembly of Georgia that the State of Georgia be and it is hereby authorized to pay to the said D. Yalovitz, doing business under the trade-name of LaGrange Jewelry and Arms Company, the two hundred dollars ($200.00) paid by him for said illegal taxes, and that he be reimbursed in said amount, and likewise be and it is hereby authorized to pay the Hudson Hardware Company the two hundred dollars ($200.00) paid by it for said illegal taxes, and that it be reimbursed for said amount. Reimbursement authorized. Approved February 4, 1938.

Page 1438

SUPREME COURT OF GEORGIA HON. RICHARD B. RUSSELL Chief Justice HON. SAMUEL C. ATKINSON Presiding Justice HON. R. C. BELL Associate Justice HON. JOHN B. HUTCHESON Associate Justice HON. W. F. JENKINS Associate Justice HON. WARREN GRICE 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 WILLIAM G. ENGLAND Clerk MORGAN THOMAS Deputy Clerk P. W. DERRICK Sheriff

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SUPERIOR COURT CALENDAR FOR 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. BryanThird Monday in March, and first Monday in 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. ApplingThird and fourth Mondays in March and October. CamdenFirst Mondays in April and November. GlynnSecond Mondays in January, May, and September. Jeff DavisFirst Mondays in March, June, and December, and third Monday in September. 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.

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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, June, and November, and the Monday following each of them. 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, Wrightsville. 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.

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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.

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NORTHEASTERN CIRCUIT. HON. B. P. GAILLARD Jr., Judge, Gainesville. ROBERT McMILLAN, Solicitor-General, Clarkesville. DawsonThird Monday in March, and first Monday in August. HabershamFirst Mondays in March and June, second Monday in August, and fourth Monday in November. HallThird Monday in January, first Monday in May, third Monday in July, and first Monday in November. LumpkinThird Mondays in April and October. RabunFourth Mondays in February and August. 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. MARSHALL L. ALLISON, Judge, Lavonia. 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.

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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.

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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.

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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. WareFourth Mondays in January, April, July, and October.

Page 1447

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 1449

INDEX A ADEL Bonded debt 7 ADJOURNMENT See General Assembly. ADVERTISING GEORGIA Resolution as to 1384 AGED PERSONS Public assistance act amended 351 Taxation for assistance to 292 AGRICULTURAL AND NATURAL RESOURCES Appropriation for; amending act 61 AGRICULTURE Fertilizer regulations 205 AIR-MAIL SERVICE Memorials as to service to Florida and Savannah 1385 1386 ALCOHOLIC LIQUORS Regulation and tax 103 ALIENS Employment prohibited 189 ALIMONY See Divorce and Alimony. ALLEN, BONA Memorial highway 1389 AMENDMENTS See Constitution. APPEALS See Taxation. APPLING COUNTY Commissioners and Districts 753 APPLING SUPERIOR COURT Terms changed 663

Page 1450

APPOINTMENTS Senate confirmation required 203 APPROPRIATIONS Agricultural and Natural Resources Department 61 Capitol Building Repairs 63 Forestry DivisionPaper-pulp 63 Insect and plant disease eradication 64 Legislative expenses 65 Penal Administration Board 66 Public Welfare; amending act 68 Public Welfare Department allocation 69 Stabilization fund 71 Western Atlantic Rental Discount 73 ATHENS Zoning and planning laws 926 ATLANTA Education board salaries 928 Licenses revocable 929 Penal Powers 930 Purchasing agency 931 Water and sanitation 933 ATLANTA MUNICIPAL COURT Judges' pay 673 AUCTIONEERS Taxation of 175 AUGUSTA Board of health, pay of members 936 Officers and employeestenure 938 AUGUSTA MUNICIPAL COURT Amending act 675 AUTOMOBILES See Motor Vehicles. B BAILIFFS Special criminal in certain counties 920 BAINBRIDGE Appropriations for schools 943

Page 1451

BAINBRIDGE CITY COURT Salaries of judge and solicitor 687 BAKER COUNTY Court officiers' costs 755 BARNES, JOHN C. Dormitory named for 1398 BARROW COUNTY Commissioners' Terms 756 BAXLEY Refunding Bonds 10 Zoning regulations 945 BEAVERDAM SCHOOL DISTRICT Bonds 12 BELL, TOM Highway designated 1434 BEN HILL COUNTY Commissioners; amending act 759 BLACKSHEAR Salaries of officers; loans 948 BLUE RIDGE Bonded debt 15 BOARDS OF EDUCATION See Education; also Local Laws as to Counties and Municipalities. BOATS License fees for fishing 255 BONDS See Constitution; Warehousemen. BRANTLEY COUNTY School tax 17 Tax-Commissioner's pay 761

Page 1452

BRIDGES Cobb memorial bridge 1391 BRUNSWICK Street closing 951 BRYAN COUNTY Commissioners' bonds 762 Officers' bond premiums 764 Sheriff's bond reduced 765 Zoning ordinances 767 BRYAN SUPERIOR COURT Act of 1920 repealed 664 Terms changed 664 BUFORD New charter 953 BUILDING AND LOAN ASSOCIATIONS Fees allocated 306 Law regulating 307 Shares as fiduciary investment 322 C CAMDEN COUNTY Sheriff's bond reduced 766 CANDLER COUNTY Sheriff's bond reduced 767 CAPITOL Appropriation for repairs 63 CARD INDEXES See Counties. CARRIERS See Motor-Carriers. CARROLLTON Councilmenelection and terms 1036 Street improvements 1039 Water and light commission 1040 CEDARTOWN Commissioners and city manager 1042

Page 1453

CHAIN-GANG Public-work camp instead of 352 CHAIN STORE Allocation of tax 124 CHARTERS See Corporations; Municipal Corporations. CHATHAM COUNTY Deputy disbursing clerk 781 Land grant to United States 340 Zoning ordinances 767 CHATTAHOOCHEE COUNTY Commissioners; amending act 782 CHATTOOGA COUNTY Law books to 1401 Sheriff's bond reduced 786 CIGAR AND CIGARETTES Taxation of 126 CITY COURTS Acts tabulated 673 CLARY, THOMAS L. Relief as surety 1416 CLAYTON Debt to acquire land authorized 1043 CLAYTON COUNTY Commissioner's pay 786 CLERKS OF SUPERIOR COURTS See Counties. Pay for entering testimony 325 Pay in certain counties 323 Salary in certain counties 882 CLINCH COUNTY Salaries of commissioners' clerk, and attorney 788 CLINCH COUNTY COURT Established 690 Restored 704

Page 1454

COBB COUNTY Fire prevention 20 Zoning and planning powers 790 COBB, HOWELL AND JOHN ADDISON Memorial bridge 1301 COCHRAN Appropriations from fines and forfeitures 1045 Bonds and tax for schools 1046 Donation of alley for post-office 1048 Sales of property 1049 CODE AMENDMENTS AND REPEALS Acts tabulated 205 COLLEGE PARK Charter amendments 1050 COLUMBIA COUNTY Sheriff's bond reduced 793 COLUMBUS Elections, regulations of 1053 Taxation for current expenses 1056 COMPENSATION See Unemployment Compensation. CONDEMNATION Eminent domain; exercise of right 251 CONSTITUTION Adel bonded debt 7 Baxley refunding bonds 10 Beaverdam school district bonds 12 Blue Ridge bonded debt 15 Brantley County school tax 17 Cobb County fire prevention 20 Dublin bonded debt 22 Eastman bonded debt 24 Fannin County temporary loans 26 Fire-protection and conservation tax by counties 28 Floyd County high-school tax 30 Gainesville bonded debt 33 Homerville bonded debt 35 , 37 Hospitalization tax by counties 39

Page 1455

Jefferson bonded debt 41 Jeffersonville school district bonded debt 43 Macon temporary loans 45 Pineview-Jamestown school district bonds 49 Savannah bonded debt 51 Sparks bonded debt 55 Vidalia bonded debt 57 Willacoochee bonded debt 59 COOK COUNTY Tax-commissioner's bond premium 794 CORPORATIONS See Municipal Corporations. Charters, law relating to, in detail 214 COUNTIES AND COUNTY MATTERS See County Agents. Acts tabulated 752 Board of education elections 247 Fire protection and conservation tax 28 Hospitalization tax 39 Ordinary's salary in certain counties 868 Road-houses, etc., control of 353 Sanitary laws, authority as to 354 Zoning laws 414 And see Local Acts for Counties. COUNTY AGENTS Tax levy 144 COUNTY COURTS Acts tabulated 673 COURTS See City, County, and Municipal Courts, 673 ; Superior Courts, 663 . Records; card-index system 249 CRAWFORD COUNTY Law books to 1401 CRIMINAL LAW Electrocution, direction for, by trial judge 330 Sentences by judge, on conviction or plea of guilty 326 D DADE COUNTY Tax-commissioner's pay 796

Page 1456

DARIEN CITY COURT Election to abolish 705 DAWSONVILLE Charter amendments 1057 DECATUR Territorial extension 1058 DECATUR COUNTY Commissioners' districts 797 Sheriff's bond reduced 799 DIVORCE AND ALIMONY Fee payments in certain counties 331 DODGE COUNTY Officer's eligibility 800 DOUGLAS Charter amendments 1061 DOUGLAS COUNTY Board of Commissioners created 803 Commissioners; repealing act 812 Law books to 1402 Sheriff's bond reduced 813 Tax-commissioner's pay 813 DUBLIN Bonded debt 22 Civil Service 1071 Water revenue, expenditure of 1079 DUBLIN CIRCUIT Solicitor-General's salary fixed 916 E EASTMAN Bonded debt 24 Zoning regulations 1081 EAST POINT Charter amendments 1085 Civil Service 1092

Page 1457

ECHOLS COUNTY Sheriff's bond reduced 815 EDUCATION See Schools. Board members' compensation 416 Lula high-school district 417 Malt-beverage revenue to schools 419 Retirement fund in counties 421 , 425 University law school, publications to 420 Teachers' and employees insurance 417 EFFINGHAM COUNTY Sheriff's bond reduced 815 ELBERT COUNTY Treasurer's salary increased 816 ELECTIONS Precinct hours 250 Voting machines in cities, regulation of 371 ELECTRICIANS Examining board created 327 ELECTROCUTION Direction for, by trial judge 330 EMANUEL COUNTY Sheriff's bond reduced 816 EMINENT DOMAIN See Condemnation. EMPLOYMENT See Aliens. ENTOMOLOGY Appropriation for plant disease control 64 EXEMPTION See Homestead; Personal Property. EXPOSITIONS State commission; New York and San Francisco 1394 F FANNIN COUNTY Law books to 1403 Temporary loans 26

Page 1458

FARMER, T. G. Jr., ADMINISTRATOR Relief as to liability for interest 1400 FEES See Building and Loan Associations; Divorce and Alimony; Taxation. FERTILIZERS Regulations of 205 FISH AND SEAFOOD Law for control of 332 License tax refund 1415 FISHING Habersham, Rabun, and Stephens Counties; amending act 817 License fees for boats 255 FITZGERALD SCHOOL DISTRICTS Ineligibility of voters in elections 247 FLOYD COUNTY High-school tax 30 FORESTRY DIVISION Appropriation for 63 FORSYTH Commission government 1099 Electricty and water 1111 Zoning and planning laws 1113 FRANKLIN COUNTY Sheriff's bond reduced 818 FULTON COUNTY Zoning and building law 819 G GAINESVILLE Bonded debt 33 GAME Open season for 256

Page 1459

GENERAL ASSEMBLY Adjournment of 1384 Expense appropriation 65 Extraordinary sessions, convening of 190 Recess resolution 1413 Recess resolution repealed 1396 Senate confirmation of appointments 203 Unfinished business, resolution as to 1435 GEORGIA Advertising of 1384 GLYNN COUNTY Zoning regulations 823 GLYNN SUPERIOR COURT Terms changed 665 GORDON, JOHN B. Highway designated 1397 GOVERNMENT Employment of aliens prohibited 189 General Assembly extra session 190 Herty foundationPaper-pulp industry 191 Penal Administration Board 195 Prison and Parole Commission 200 Prison Commission ex-officio membership abolished 202 Senate confirmation of appointments 203 GRADY COUNTY Board of commissioners created 837 Commissioners; repealing act 841 GRAY Tax rate ad valorem 1114 GRIFFIN Retirement pensions 1115 H HABERSHAM COUNTY Fishing law, proviso as to 817 HAPEVILLE Taxation; amending act 1119

Page 1460

HARALSON COUNTY Tax-commissioner, amending act 842 HART COUNTY Tax-commissioner's pay 843 HARTWELL Taxation; amending act 1121 Zoning and planning laws 1125 HAWKINSVILLE Appropriations authorized 1126 Tax assessments 1128 Zoning regulations 1132 HERTY FOUNDATION Paper-pulp industry 191 HIGHWAYS Acts tabulated 428 All public roads added 430 Bona Allen memorial 1389 Clark Howell memorial 1390 Cobb memorial 1391 Crawford W. Long memorial 1392 Debt certificates; amending act 485 Full-time service; compensation 528 Funds available for stated uses 537 John B. Gordon highway designated 1397 Patrol; jurisdiction on violations 558 Reciprocal agreements with other States 617 Sam Tate highway designated 1413 Tom Bell highway designated 1434 HOLIDAY Resolution repealed 1396 HOMERVILLE Bonded debt 35 , 37 HOMESTEAD Exemption from taxes 145 HOSPITALIZATION Tax by counties 39

Page 1461

HOWELL, CLARK Memorial highway 1390 I INCOME TAX See Taxation and Taxes. Amendment of laws as to 150 Deductions 155 Filing fee suspension ratified 1397 INDUSTRIAL BOARD Salaries of members 338 INDUSTRIAL INSURANCE See Insurance. INFANTILE PARALYSIS FOUNDATION Resolution as to 1409 INSECT AND PLANT DISEASE Appropriation for eradication 64 INSURANCE Industrial life business regulated 338 Teachers and school employees 417 INTANGIBLES Classification for taxation 156 Returns for taxation 170 J JASPER COUNTY Game licenses prohibited 845 JEFF DAVIS SUPERIOR COURT Terms changed 666 JEFFERSON Bonded debt 41 JEFFERSON COUNTY Law books to 1404 JEFFERSONVILLE Officers and voters; charter amended 1135

Page 1462

JEFFERSONVILLE SCHOOL DISTRICT Bonded debt 43 JENKINS COUNTY Commissioners and districts 845 JESUP Charter repealed 1141 New charter 1142 JESUP CITY COURT Fines, fees, etc 707 JURIES See Criminal Law. L LAGRANGE CITY COURT Jury trials 711 LAND GRANTS Chatham County land to United States 340 LAURENS COUNTY Law books to 1405 LAW BOOKS See Resolutions; University System. LAWRENCEVILLE Zoning and planning laws 1204 LEE ESTATE Relief of administrator as to interest 1400 LEGISLATIVE DEPARTMENT Appropriations for 65 LESSER, MRS. IDA Relief as surety 1418 LEXINGTON CITY COURT Judge's tenure 713 LIBERTY COUNTY Tax-commissioner instead of tax-collector 846 Zoning ordinances 767

Page 1463

LIBRARY OF THE STATE Law books to counties, authority to furnish 1401-1406 LIQUORS See Alcoholic Liquors; Malt Beverages. LICENSES See Motor-Vehicles; Taxation. LIVE STOCK Dealers defined 345 LONG, CRAWFORD W. Birthday resolution 1407 Memorial highway 1392 LULA HIGH-SCHOOL DISTRICT Amending act as to 417 M MACON Temporary loans 45 MALT BEVERAGES Amount of tax 419 Crown-tax rate 175 Revenue to schools 419 MANCHESTER Charter amendments 1204 MANSFIELD Election candidates 1207 MARION COUNTY Commissioners; amending act 851 McCLATCHEY, D. F. Christmas display resolution 1407 McDONOUGH Election candidates 1208 Territorial limits 1210 MEIGS Registration of voters 1211

Page 1464

MEMORIALS See Highways. Air-mail service to Savannah and Florida 1385 , 1386 President Roosevelt 1411 MERIWETHER COUNTY Ballots in primary elections 854 Sheriff's bond reduced 855 MILITIA Amendment of laws as to 279 MILLEDGEVILLE Charter amendments 1215 MOBLEY AND LUNSFORD Relief as sureties 1415 MONTGOMERY COUNTY Board of Commissioners created 856 Board of Commissioners; repealing act 865 Sheriff's bondamount 866 MOTOR-CARRIER Refund of tax payment 346 MOTOR-FUEL Tax distribution 258 MOTOR VEHICLES Automobile tags, time extended for buying 1388 Driver's license and tagtime extended 1393 , 1394 Licenses and regulations 259 Rolling stores; maintenance tax 180 MOULTRIE Charter amendments 1221 MUNICIPAL CORPORATIONS See Constitution. Acts tabulated 925 Charter repeals 272 , 274 Pensions, amending act as to 349 Taxation; Augusta excluded from limitation 275 Tax appeals in 295 MUNICIPAL COURTS Acts tabulated 673

Page 1465

N NASHVILLE Salaries of officersreferendum 1224 NATIONAL INFANTILE FOUNDATION Resolution as to 1409 NEGOTIABLE INSTRUMENTS See Warehousemen. NEWTON COUNTY Sheriff's bond reduced 866 Treasurer's salary 867 O OFFICERS Confirmation by Senate of Governor's appointees 203 OLD AGE See Aged Persons. ORDINARY Salary in certain counties 868 P PAPER-PULP See Forestry Division; Herty Foundation. PAROLES Regulations of 276 PEMBROKE CITY COURT Act establishing 714 PENAL ADMINISTRATION BOARD Appropriation for 66 Created 195 Electrocution, direction as to 330 PENALTIES See Criminal Law; Taxation. PENSIONS Municipalities; amending act 349 Widows of veterans 304 PERSONAL PROPERTY Tax exemption 176

Page 1466

PIERCE COUNTY Sheriff's bond reduced 870 Tax-collector and receiver; creation of offices 871 Tax-collector and receiver; repeal of act abolishing 872 Tax-officer's bond premium 873 PINE LAKE City charter 1225 PINEVIEW-JAMESTOWN SCHOOL DISTRICT Bonds 49 PRESIDENT ROOSEVELT Memorial service, attendance on 1411 PRISON AND PAROLE COMMISSION Ex-officio membership of 202 Name of Prison Commission changed to; powers, etc 200 Parole regulations 276 PROTECTIVE ORGANIZATIONS See Timber. PUBLIC ASSISTANCE Act amended 351 PUBLIC DEFENSE Amendment of laws as to 279 PUBLIC WELFARE DEPARTMENT Appropriations and allocation 68 , 69 PUBLIC WORK CAMP Chain-gang changed to 352 PULASKI COUNTY Commissioner's clerk's salary 873 PUTNAM COUNTY Commissioners' reports 874 Q QUITMAN School appropriations 1243 School building tax 1245

Page 1467

R RABUN CITY COURT Act establishing 727 RABUN COUNTY Fishing law, proviso as to 817 RABUN SUPERIOR COURT Two terms; third term eliminated 667 RADIO COMMISSION Appropriation of fund for operating 1412 RECEIPTS See Warehousemen. RECESS See General Assembly. RECORDS See Courts. RENTAL DISCOUNT See Western and Atlantic Railroad. REST HAVEN Town charter 1246 RETIREMENT FUND Teachers and school employees 421 , 425 REVENUE See Acts under Taxation. RICHMOND COUNTY Officers and employees; tenure of office 875 ROAD-HOUSES Control of, by counties 353 ROBERTA New city charter 1274 ROCKDALE COUNTY Commissioners' pay and duties 880 ROLLING STORE Maintenance tax 180 ROME Charter amendments 1327 , 1338

Page 1468

ROYSTON Zoning and planning laws 1342 S SAVANNAH Bonded debt 51 Charter amendments 1343 Territory extended 1347 SAVANNAH MUNICIPAL COURT Service of warrants 745 SCHLEY COUNTY Coroner's inquest fee 886 SANITARY LAWS County regulation 354 SCHOOLS See Education; also Local Acts for Counties and Municipalities. Board of education elections 247 SEAFOOD See Fish and Seafood. SENATE Confirmation of appointments 203 SENTENCES See Criminal Law. SETTLEMENTS See Taxation. SHELLMAN Street improvements; powers conferred 1348 SHERIFFS Bonds in certain counties 886 Pay in certain counties 887 Salary in certain counties 882 SIMERLEY, A. T. Relief as surety 1419 SMITH, HOKE Monument commission 1395

Page 1469

SOLICITORS-GENERAL Assistant in certain counties 918 Dublin circuit; salary fixed 916 Special criminal bailiffs 920 SPARKS Bonded debt 55 SPECIAL CRIMINAL BAILIFFS See Solicitors-General. STABILIZATION FUND Appropriation for 71 STAMP TAXES AND TAGS Purchase of 184 Taxes paid by stamps 126 , 133 STEPHENS, ALEXANDER H. Birthday resolution 1407 STEPHENS CITY COURT Amending act 747 STEPHENS COUNTY Fishing law, proviso as to 817 Tax-commissioner's fees 888 SUPERIOR COURTS Changes in terms 663 SURETIES Resolutions for relief of 1415-1425 SYLVESTER Charter amendments 1351 T TATE, SAM Highway designated 1413 TATTNALL COUNTY Law books to 1406 TAXATION Administration of taxing laws 77 Alcoholic liquors; regulation and tax 103 Appeals in municipalities 295 Auctioneers 175 Chain-store tax, allocation of 124 Cigar and cigarette taxes 126

Page 1470

County agents, levy tax 144 Exemption of personal property 176 Fees of collectors and receivers 297 Homestead exemption 145 Income-tax deduction 155 Income-tax filing fee suspended 1397 Income-tax law amended 150 Intangiblesclassification 156 Intangible-tax returns; amending act 170 Malt beverages; amount of tax 173 Malt beverages; crown-tax rate 175 Motor-carrier; refund of tax payment 346 Motor-fuel distribution 288 Old age assistance 292 Penalties, refund of 294 Refund of seafood license tax 1415 Refund to D. Yalovitz 1436 Rolling-store motor vehicles; maintenance tax 180 Settlement by collectors 299 Stamp taxes and tags, purchase of 184 Taxpayers' names; alphabetical list 185 Wines; regulation and tax 185 TAX-COLLECTORS Bond premiums in certain counties 889 Fees 297 Settlements 299 TAX-COMMISSIONERS Commissions in certain counties 890 TAXPAYERS Alphabetical list 185 TAYLOR COUNTY Tax-commissioner's pay 891 TELFAIR COUNTY Goats at large prohibited 891 Tax-commissioner; office created 892 TENNESSEE COPPER COMPANY Contract with, authorized 1426 THOMAS, MRS. CAREY Payment to, authorized 1410 THUNDERBOLT Territory extended 1355

Page 1471

TIMBER Protective organizations 303 TINDOL, R. L. Relief as surety 1420 TOCCOA Zoning and planning laws 1358 TRENTON Charter amendments 1359 TRIALS See Criminal Law. TWIGGS COUNTY Sheriff's bond reduced 898 Tax-commissioner's bond premium 899 U UNEMPLOYMENT COMPENSATION Amending act as to 356 UNION POINT Street improvements; powers conferred 1368 UNIVERSITY SYSTEM Publications to law school 420 V VALDOSTA Appropriations for schools, power to make 1370 VETERANS Pensions for widows of 304 VIDALIA Bonded debt 57 VOTING MACHINES In cities, adoption and regulation 371 W WARE SUPERIOR COURT Four terms provided for 668 WAREHOUSEMEN Bonds and negotiable receipts 390 Uniform warehouse receipts law 390 WARESBORO Charter repealed 1372

Page 1472

WASHINGTON Zoning and planning laws 1372 WAYCROSS CITY COURT Terms; pleas 748 WESTERN AND ATLANTIC RAILROAD Appropriation of rental discount 73 WIDOWS See Pensions. WILCOX COUNTY Additional Commissioners 900 Commissioners; amending act 902 County treasurer, acts relating to 909 , 910 WILCOX SUPERIOR COURT Three terms provided for 669 WILKES COUNTY Tax-commissioner's pay 912 WILKINSON COUNTY COURT Abolished 750 WILLACOOCHEE Bonded debt 59 WINDER Zoning and planning laws 1373 WINES Regulation and tax 185 WORTH COUNTY Sheriff's bond reduced 915 WRENN, CHARLES R. Relief as surety 1425 WRIGHTSVILLE Street improvements; powers conferred 1375 Y YALOVITZ, D. Refund of tax payment by 1436 Z ZONING AND PLANNING LAWS Authorized, in certain counties 414 , 767 See Local Acts as to Counties and Municipal corporations.