Acts and resolutions of the General Assembly of the state of Georgia 1939 [volume 1]

Acts of the General Assembly of the State of Georgia Georgia Law, Georgia Georgia. Acts and resolutions of the General Assembly of the State of Georgia 19390000 English

ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1939 19390000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE

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.SOLICITORSGENERAL. TITLE IV.STENOGRAPHIC REPORTERS IN COURTS. PART III.CORPORATIONS. TITLE I.MUNICIPAL CORPORATIONS. PART IV.RESOLUTIONS. TITLE I.MISCELLANEOUS SUBJECTS.

STATUTES OF GEORGIA PASSED BY THE GENERAL ASSEMBLY OF 1939 PART I.GENERAL PUBLIC LAWS

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TITLE I. AMENDMENTS TO CONSTITUTION. ACTS. Atlanta Revenue Certificates. Augusta Temporary Loans. Bacon County Refunding Bonds. Blackshear Refunding Bonds. Bowdon Refunding Bonds. Carrollton Refunding Bonds. Coastal Highway District. East Point and College Park School Bonds. Fitzgerald Tax for Promotion Fund. Fulton CountyChief Clerk for Certain Officers. Fulton County Civil Service. Fulton County Retirement and Pension Fund. Grady County Warrant Refunding Bonds. Greenville Bonded Debt. Highway Refunding Bonds. Kite Consolidated School District Refunding Bonds. Macon Debt Certificates. Nashville Refunding Bonds. Ocilla Refunding Bonds. Ocilla Refunding Bonds. Pearson Refunding Bonds. Quitman Debt Certificates. Quitman Refunding Bonds. Ray City Refunding Bonds. Reidsville School District Bonded Debt. Savannah Bonded Debt. Savannah Bonded Debt. Superior CourtsHearings in Vacation. Superior CourtsSalaries of Judges. Sylvania Refunding Bonds. Temporary Loans by Boards of Education of Fulton, Floyd and DeKalb Counties. Tift County Bonded Debt. Willie Consolidated School District Refunding Bonds.

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ATLANTA REVENUE CERTIFICATES. No. 256. An Act to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1 of the Constitution of Georgia, so as to authorize the City of Atlanta to issue revenue certificates for the purpose of making repairs and improvements in its water works system and sanitary department; to provide for the payment of certificates out of the revenues derived from water or sanitary service charges; to authorize the setting aside in special funds a sufficient sum to retire the revenue certificates; to provide the manner, form and method of issuing certificates; certificates to be issued by a majority vote of the Mayor and General Council and validated; to provide for the allocation of anticipated receipts; to provide that certificates shall not be a debt or liability upon the City of Atlanta and shall be payable from and chargeable only upon the revenue derived from water or sanitary services respectively; 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, and it is hereby enacted by authority of the same, as follows: Section 1. That Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof a new Paragraph in the following words, to-wit: Art. 7, Sec. 7, p. 1 (2-5501). And, except that the City of Atlanta for the purpose of (a) improving, repairing, constructing and reconstructing, making additions, extensions, alterations, or improvements, in its Water Works System, and acquiring the necessary property therefor; and (b) Improving, repairing, purchasing, installing and constructing incinerators or crematories for the disposal of garbage, refuse and waste

Waterworks and refuse disposal. Revenue Certificates. Section 2. Be it further enacted by the authority aforesaid, That when said amendment shall be agreed to by two-thirds vote of the members of each House, with the Ayes and Nays thereon, and published in one or more newspapers in each Congressional District in this State for two months previous to the time for holding the next general election, at which proposed amendments to the Constitution of this State may be voted on, and shall at said next general election be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, For ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the City of Atlanta to issue revenue certificates from time to time for the benefit of its water works system and sanitary department, and providing for the payment of said certificates out of a percentage of revenues derived from water or sanitary charges respectively, and all persons opposed to the adopting of said amendment shall have written or printed on their ballots

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the words, Against ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the City of Atlanta to issue revenue certificates from time to time for the benefit of its water works system and sanitary department, and providing for the payment of said certificates out of a percentage of revenues derived from water or sanitary charges respectively, and if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the results shall be consolidated as now required by law in election for members of the General Assembly, the said amendments shall become a part of Article 7, Section 7, Paragraph 1, of the Constitution of the State, and the Governor shall make a proclamation therefor, as provided by law. Submission to vote. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 24, 1939. AUGUSTA TEMPORARY LOANS. No. 408. An Act to propose to the qualified voters of the State of Georgia an Amendment to Article VII, 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 Council of Augusta 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 Augusta in the year in which said loans are made; to Authorize the City Council of Augusta to issue notes or debt certificates for the retirement and payment of the deficit and current indebtedness of the City of Augusta, and to provide the terms of their

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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 VII, Section 7, paragraph 1 of the Constitution of Georgia, which has been amended heretofore, shall be further amended by adding at the end thereof new paragraphs in the following words, to-wit: Art. 7, Sec. 7, p. 1 (2-5501). And except that the City Council of Augusta, in addition to the debts hereinbefore allowed, may make temporary loans between January 1st and December 31st of each year, to be paid out of the revenues received by the City in that year; said loans to be evidenced by promissory notes signed by the Mayor and Clerk of the City Council of Augusta and previously authorized by a majority vote of the City Council of Augusta, with the Mayor voting as provided by law and City ordinances, at any regular or called meeting and entered on the minutes of the City 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 Augusta 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 Council of Augusta to pay the same. Temporary loans. And except also that the City Council of Augusta by a majority vote of the City Council, with the Mayor voting as provided by law and City ordinances, may issue notes or debt certificates not in excess of the sum of One Million ($1,000,000.00) Dollars principal amount, to be executed by the Mayor and Clerk of Council for the retirement and payment of the deficit and current indebtedness of the City of Augusta, provided such issues shall be

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made on or before the first day of January next following the date of adoption and proclamation of this Amendment. Such notes or debt certificates so issued shall mature in ten (10) annual equal amounts, beginning one year from date of issuance and maturing each year thereafter for a period of ten years. Said notes or debt certificates shall be issued and validated when authorized by a majority vote of the City Council of Augusta, with the Mayor voting as provided by law and City ordinances, and the City Council is hereby authorized and empowered to fix the rate of interest, the date of issuance and all other details incident to the validation, issuance, negotiation and sale of said notes or debt certificates. Debt certificates. Section 2. Be it further enacted by the authority aforesaid that when said amendment shall be agreed to by two-thirds vote of the members 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 VII, Section 7, paragraph 1 of the Constitution, authorizing the City Council of Augusta to make temporary loans, and authorizing the City Council of Augusta to retire the deficit and any current indebtedness. Submission to vote. And all persons opposed to the adoption of said amendment authorizing the City Council of Augusta to make temporary loans and to issue notes or debt certificates for the retirement and payment of the deficit and current indebtedness of the City of Augusta shall have written or

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printed on their ballots the words: Against ratification of amendment to Article VII, Section 7, paragraph 1 of the Constitution, authorizing the City Council of Augusta to make temporary loans, and authorizing the City Council of Augusta to retire the deficit and pay current 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, the said amendment shall become a part of Article VII, Section 7, paragraph 1 of the Constitution of the State of Georgia, and the Governor shall make a proclamation thereof, and the City Council of Augusta, without further legislation, authority or vote, than that provided herein, shall be authorized to perform the Act or Acts embraced in such amendment. Section 3. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict herewith shall be and the same are hereby repealed. Approved March 24, 1939. BACON COUNTY REFUNDING BONDS. No. 383. 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 County of Bacon 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 as of January 1, 1939, and which becomes due up to and including July 1, 1939; to provide that the funds raised from such additional bonded

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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 July 1, 1939; to provide for the submission of the amendment for ratification by the people, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph, in the following words, to-wit: Art. 7, Sec. 7, p. 1 (2-5501). And except that the County of Bacon may issue refunding serial bonds not in excess of the aggregate sum of $30,000.00 for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said county outstanding past due and unpaid on January 1, 1939, and any bonded indebtedness and interest thereon of said county outstanding and which becomes due up to and including July 1, 1939, 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 County of Bacon 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 July 1, 1939. Said refunding bonds shall be issued when authorized by a vote of the Commissioners of Roads and Revenue of Bacon County, and shall be validated as provided by law. Refunding bonds. Tax. 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

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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 County of Bacon 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 County of Bacon 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 result shall be consolidated as now required by law in election for members of the General Assembly, the said amendments shall become a part of article 7, section 7, paragraph 1, of the Constitution of the State, and the Governor shall make a proclamation therefor, as provided by law. Submission to vote. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 24, 1939. BLACKSHEAR REFUNDING BONDS. No. 63. 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 Blackshear, in Pierce County, Georgia, to refund its present or any future bonded indebtedness legally incurred that may be or become unpaid, provided that the funds raised from the refunding bonds shall be used exclusively for the retirement of the said existing bonded

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indebtedness, and to authorize the governing authorities of the City of Blackshear, without a vote of the people, to authorize the issuance of said refunding bonds, and to provide for the submission of this amendment for ratification by the voters 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, Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph in the following words, to wit: Art. 7, Sec. 7, p. 1 (2-5501). And except that the City of Blackshear, in Pierce County, Georgia, for its present or any future bonded indebtedness that is not paid at maturity may issue serial refunding bonds not in excess of the unpaid outstanding bonded indebtedness, including principal and interest, for the purpose of refunding and retiring said bonded indebtedness of said City of Blackshear and may 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 shall fall due, the proceeds of such refunding bonds as 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, and said refunding bonds may be issued when authorized by a vote of the governing body of the City of Blackshear, now the City Council, and they shall be validated as is provided by law. Refunding bonds. Tax. 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

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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 Blackshear 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 Blackshear 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 elections for members of the General Assembly, and 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. Submission to vote. 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 February 21, 1939. BOWDON REFUNDING BONDS. No. 340. 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 Bowdon, Carroll County, Georgia, to refund a bonded indebtedness in addition to that heretofore authorized

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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 the same shall not be in excess of the amount municipalities are now authorized to incur, and provided that the funds raised from such additional bonded indebtedness shall be used exclusively and for no other purpose than 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 Town of Bowdon, 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That Article 7, Section 7 and Paragraph 1 of the Constitution of Georgia which has heretofore been amended shall be further amended by adding at the end thereof a new paragraph in the following words, to wit: Art. 7, Sec. 7, p. 1 (2-5501). And except that the Town of Bowdon in Carroll 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 Town of Bowdon municipality and 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 shall fall due; the proceeds of such refunding bonds that may be issued as herein provided to

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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 Town of Bowdon and then shall be validated as is provided by law. Refunding bonds. Tax. 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 to Article 7, Section 7, Paragraph 1 of the Constitution authorizing the Town of Bowdon 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 to Article 7, Section 7, Paragraph 1 of the Constitution authorizing the Town of Bowdon 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 elections for members of the General Assembly, and 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. Submission to vote.

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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 March 24, 1939. CARROLLTON REFUNDING BONDS. No. 295. 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 Carrollton 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 funds to be raised for said issues to be used exclusively for said outstanding bonds; to provide for ratification of the amendment by the people; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Article 7, Section 7, paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph in the following words, to-wit: Art. 7, Sec. 7, p. 1 (2-5501). And except that the City of Carrollton may issue refunding serial bonds not in excess of the aggregate sum of Sixteen Thousand ($16,000.00) Dollars for the purpose of refunding and retiring any bonded indebtedness of said city past due and unpaid up to and including January 1, 1939, and providing for the assessment and collection of

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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 Carrollton 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 of Carrollton and shall be validated as provided by law. Refunding bonds. Tax. 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 Carrollton 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 Carrollton 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 the ratification thereof when 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. Submission to vote.

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Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 24, 1939. COASTAL HIGHWAY DISTRICT. No. 217. To be entitled an Act To propose to the qualified voters of the State of Georgia an Amendment to the Constitution of the State of Georgia, authorizing the continuance of The Coastal Highway District composed of Chatham, Bryan, Liberty, McIntosh, Glynn and Camden Counties, as a political subdivision, body politic and corporate, for the purpose of aiding in the widening and reconstruction of the Atlantic Coastal Highway through said counties; to provide that said Coastal Highway District may issue bonds, and provide for a method of retiring said bonds and the payment of interest thereon and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That the Constitution of the State of Georgia be amended by adding the following sub-paragraph to follow Paragraph 1 of Article 7, Section 7, the same to be known as Paragraph 1-d, to-wit: Art. 7, Sec. 7, p. 1 (2-5501). The Coastal Highway District is hereby continued as a political subdivision, body politic and corporate of this State for the purpose of aiding in the reconstruction as a four lane highway, the Atlantic Coastal Highway (State Route #25) extending from the Savannah River to the Florida line, with the right to sue and be sued, to have a seal, make contracts and do all things necessary or proper to carry out the purpose of this Amendment. The said district shall continue to be composed of the territory of

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the Counties of Chatham, Bryan, Liberty, McIntosh, Glynn and Camden. Coastal Highway District continued. The said Coastal Highway District shall have authority to issue additional bonds not exceeding $4,500,000.00 for the purposes aforesaid; the bonded indebtedness of said district shall be incurred and the expenditures of funds derived therefrom as well as all other matters and transactions necessary to carry out the purposes of the Constitutional Amendment, shall be managed, controlled and directed by ten commissioners to be selected four from Chatham, two from Glynn and one each from Bryan, Liberty, McIntosh and Camden Counties. The said Commissioners shall be selected and vacancies filled by the officers in charge of levying taxes in said counties respectively, and shall hold office for a period of five years and until their successors are selected and qualified. Additional bonds. Ten Commissioners. The bonds shall be set up in two increments, The first increment in an amount not to exceed $500,000.00 shall be issued as required, by the Coastal Highway District for rights of way, removal of structures, administrative and miscellaneous purposes. These bonds, when issued, shall be signed and sealed by said Commissioners and shall constitute a lien upon the entire property of all the counties composing said district, and a first lien to the extent of the annual retirements and interest payments thereon upon any sum payable annually thereafter by the State of Georgia to the said Counties respectively from amounts collected from gasoline and oil taxes until all said bonds of said district are retired. Both interest and principal shall be paid by the Coastal Highway District. The principal shall be retired on a pro rata basis by the Coastal Highway District in annual payments over not to exceed 20 years from date of issuance of the first bonds. At or before the issuance of said bonds, the Commissioners of said district shall assess the Counties composing said District an amount sufficient to pay interest charges and retirement of principal, as they become due. First increment. Payment of principal and interest.

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The second increment in an amount not to exceed $4,000,000.00 shall be issued as required for the purpose of aiding in the widening and reconstruction of the said Coastal Highway. The bonds, when issued shall be signed and sealed by said Commissioners and shall constitute a lien upon the entire property of all the Counties composing said district and a first lien to the extent of the annual retirements upon any sum payable annually thereafter by the State of Georgia to the State Highway Board from amounts collected from gasoline and oil taxes and other sources, until all bonds of said district are retired. Second increment. The principal not to exceed $4,000,000.00 shall be retired in annual payments by the State Highway Board from its revenues from any and all sources at the maximum rate of $333,333.00 per year, or such lesser amount as is represented by the pro rata of the State's expenditures after deducting Federal Allotments, on the basis of retirement of the bonds covering the said State's expenditures in a period of 12 years. Principal. At or before the issuance of said second increment of bonds the Commissioners of said District shall assess the counties composing said district an amount sufficient to pay the interest charges as they become due. The assessment against each County shall be a lien upon the entire property of all the counties composing said district and a first lien to the extent of the annual retirements and interest payments thereon upon any sum payable annually thereafter by the State of Georgia to the said Counties respectively from amounts collected from gasoline and oil taxes until all bonds of said district are retired. Interest. Section 2. The bonded indebtedness here provided for shall be incurred only after submission to the qualified voters of said district at an election to be called by the said District Commissioners and held in the same manner as elections for the incurring of a bonded indebtedness by counties, municipalities and divisions. In determining the

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result of the election the vote of the entire district shall be consolidated and counted as a unit, and each county shall pay the expense of the election in that county; provided however, that two-thirds of the voters in said election, in the entire District, must be favorable to bonds and provided further that said two-thirds so voting favorably shall be a majority of the registered voters of all the counties of the District who are qualified to vote in said election, and also two-thirds of the voters voting in said election in Chatham County must be favorable to bonds, which said two-thirds so voting, must be a majority of the voters of Chatham County who are qualified to vote in said election, otherwise the bonds shall not be issued. The vote shall be consolidated and the result of the election declared by the Coastal Highway District Commissioners herein provided for. The Superior Court of any County in said District shall have jurisdiction to validate the said bonds, in conformity with the law providing for the validation of county, municipality and division bonds; and the certification by the Clerk of the Superior Court taking jurisdiction of such validation alone shall be sufficient certification. The proceedings for the validation may be instituted by the Solicitor General of any Judicial Court within which any of said counties lies, but the proceedings shall be served upon the authorities managing the fiscal affairs of each of said counties and they shall make answer thereto. Such indebtedness when incurred shall not be considered in determining the power of any of the counties composing said district, or any county or municipal corporation or political subdivision of said State, to incur any other bonded indebtedness. Vote on bonds. Validation. Section 3. 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 of this State for

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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 such election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words: For ratification to Article Seven (7) Section Seven (7) Paragraph One (1) of the Constitution, authorizing the continuance of the Coastal Highway District as a body corporate and politic, composed of the Counties of Chatham, Bryan, Liberty, McIntosh, Glynn and Camden and to authorize the issuance of bonds by said district for paving and other incidental purposes, and all persons opposed to the adoption of said amendment, shall have written or printed on their ballots the words: Against ratification to amendment to Article Seven (7) Section Seven (7) Paragraph One (1) of the Constitution authorizing the continuance of the Coastal Highway District as a body corporate and politic, composed of the counties of Chatham, Bryan, Liberty, McIntosh, Glynn and Camden and to authorize the issuance of bonds by said district for paving and other incidental purposes,; and if a majority of the electors qualified to vote for members of the General Assembly voting thereon, shall vote for the ratification thereof when the results shall be consolidated as now required by law in elections for members of the General Assembly, then said amendment shall become a part of Article Seven (7) Section Seven (7) and known as Paragraph 1-d of the Constitution of this State, and the Governor shall make a proclamation thereof as provided by law. Submission to vote. Section 4. Be it further enacted that all laws or parts of laws in conflict herewith are hereby repealed. Approved March 20, 1939.

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EAST POINT AND COLLEGE PARK SCHOOL BONDS. No. 366. An Act proposing to the qualified voters of the State of Georgia an amendment to article seven, section seven, paragraph one, of the Constitution of Georgia, to require the Fulton County Board of Education to assume and pay all of the principal and interest of the school bond indebtedness of the City of East Point, Georgia, and of Mayor and Council of the City of College Park, Georgia, outstanding and unpaid as of the date said amendment becomes effective and requiring said Board of Education to recommend to the tax levying authorities of Fulton County, Georgia, the levy of a sufficient tax to pay said principal and interest of said bonds at maturity, and to require said tax levying authorities of Fulton County, Georgia, upon such recommendation to levy and collect a sufficient tax, in addition to all taxes now levied, on all the property in Fulton County, Georgia, outside the City of Atlanta, to pay said principal and interest of said bonds as the same become due, and to provide that said bonded indebtedness shall not any longer be regarded as debts of said Municipal Corporations, respectively, insofar as Constitutional debt limitation is concerned. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that Article seven, section 7, paragraph 1, of the Constitution of the State of Georgia, which has heretofore been amended, be, and the same is hereby, proposed to be further amended, by adding at the end thereof the following language, to-wit: Art. 7, Sec. 7, p. 1 (2-5501). And except that the Board of Education of Fulton County, in this State, shall, and is hereby required to, assume and pay, without any election, and without regard

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to any debt limitation, and as its own obligation, the following school bonds of the City of East Point and of Mayor and Council of the City of College Park, municipal corporations of this State, to-wit: (a) All of the unpaid school bonds and indebtedness evidenced thereby, principal and interest, according to the provisions of such bonds and their interest coupons, of the City of East Point, outstanding on the date this amendment is ratified; (b) all of the unpaid school bonds, and the indebtedness evidenced thereby, principal and interest, according to the provisions of such bonds and their interest coupons, of Mayor and Council of the City of College Park, outstanding on the date this amendment is ratified, said College Park School Bonds being of date March 1, 1926, aggregating Sixty-five Thousand ($65,000.00) Dollars principal, and bearing interest from their date at the rate of five (5%) percentum per annum payable semi-annually on March 1st and September 1st of each year, and due and payable as to principal Two Thousand ($2,000.00) Dollars March 1, 1941; Three Thousand ($3,000.00) Dollars each year on March 1st of the years 1942, 1943 and 1944; Four Thousand ($4,000.00) Dollars on March 1, 1945, and Five Thousand ($5,000.00) Dollars each year on March 1st of the years 1946 to 1955, both inclusive, being the bonds validated in Case No. 67330 in the Superior Court of Fulton County, Georgia. All of said bonds are hereby made the debt and obligation of said Board of Education of Fulton County and shall not hereafter be regarded as debts of said municipal corporations, respectively, insofar as constitutional debt limitation is concerned; and for the purpose of paying the principal and interest of said bonds so assumed and made its obligations, said Board of Education of Fulton County shall recommend, and the tax levying authorities of Fulton County, in this State, shall levy upon the property subject to taxation in the territory of said county outside the corporate limits of the City of Atlanta, such tax as

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may be necessary to provide a sinking fund for the retirement of said bonds and for paying the principal thereof and the interest thereon. Fulton Board of Education to pay bonds. Tax for sinking fund. Section 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that when said amendment shall have been agreed to by two-thirds vote of the members elected to each of the two Houses of the General Assembly, and entered on their journals, 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 in this State, at which proposed amendments to the Constitution of this State may be voted upon, the same shall be submitted for ratification to the qualified voters of this State at said election; and all persons voting at said election in favor of the ratification of said proposed amendment of the Constitution of this State shall have written or printed on their ballots, the words For amendment of article 7, section 7, paragraph 1, of the Constitution to require the Fulton County Board of Education to assume the school bonds of the city of East Point and of the City of College Park, whose schools have been taken over by the Fulton County Board of Education, and all persons opposing the ratification of said amendment shall have written or printed on their ballots, the words Against Amendment of article 7, section 7, paragraph 1, of the Constitution to require the Fulton County Board of Education to assume the school bonds of the City of East Point and of the City of College Park, whose schools have been taken over by the Fulton County Board of Education, and if a majority of the qualified voters voting thereon shall vote for ratification thereof, said amendment shall become a part of the Constitution of this State, and the Governor of this State shall make a proclamation thereof. Submission to vote.

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Section 3. All laws and parts of laws in conflict with this act are hereby repealed. Approved March 24, 1939. FITZGERALD TAX FOR PROMOTION FUND. No. 36. A Resolution proposing to the qualified voters of Georgia an amendment to Article 7, Section 6, Paragraph 1, of the Constitution of Georgia, authorizing the City of Fitzgerald to levy a tax not to exceed one mill for the purpose of raising a fund which may be set aside, appropriated, and used by the City of Fitzgerald in assisting, promoting, and encouraging the location of new industries therein; and which may also be set aside, appropriated and used by said City of Fitzgerald for the purpose of advertising said City and such fund so raised shall be spent in such manner for such purposes as the governing body of said City may provide. Be it resolved by the General Assembly of Georgia: Section 1. That Article 7, Section 6, Paragraph 1, of the Constitution of Georgia, be and the same is hereby amended by adding at the end of said paragraph the following language: Provided, however, that the City of Fitzgerald, in Ben Hill County, Georgia, is authorized to levy a tax on all of the taxable property therein, not to exceed one mill, for the purpose of securing a fund to be set aside used and appropriated by the City of Fitzgerald in assisting, promoting, and encouraging the location of new industries therein. And which may also be set aside, appropriated and used by said City of Fitzgerald for the purpose of advertising said City and such fund so raised shall be spent in such manner for such purposes as the governing body of said City may provide. Said tax and appropriation being in addition to those now authorized by law. Art. 7, Sec. 6, p. 1 (2-5401). Tax for promotion.

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Section 2. This amendment shall be published in some newspaper in each Congressional District for two months before the next general election, and at the next general election it shall be submitted to the qualified voters of Georgia for ratification or rejection. Those desiring to vote in favor of ratification of the amendment shall have written or printed on their ballots the words, For ratification of the amendment to Article 7, Section 6, Paragraph 1, of the Constitution of Georgia, authorizing the City of Fitzgerald to levy a tax and appropriate money for securing new industries. Those desiring to vote against the ratification of the amendment shall have written or printed on their ballots the words, Against ratification of the amendment to Article 7, Section 6, Paragraph 1, of the Constitution of Georgia, authorizing the City of Fitzgerald to levy a tax and appropriate money for securing new industries. Submission to vote. If a majority of the electors qualified to vote for members of the General Assembly, voting at said election, shall vote in favor of the ratification of the amendment, the same shall become a part of article 7, Section 6, Paragraph 1, of the Constitution of Georgia and the Governor shall make proclamation thereof as provided by law. Section 3. Be it further resolved, that before the provisions of this Act shall become effective the City Council by proper resolution shall call an election in said municipality to be held within thirty days from the date of said call and publish a notice thereof in the official organ of said county which election shall be held under the same rules and regulations covering the elections of officers of said municipality at which it shall be submitted to the qualified voters of Fitzgerald, Georgia, the question of whether or not the City of Fitzgerald will be authorized to levy a tax on all taxable property located therein not to exceed one mill for the purpose of securing a fund to be set aside, used and appropriated by the City of Fitzgerald

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in assisting, promoting and encouraging the location of new industries to be located in the City of Fitzgerald; which fund shall be spent for such purposes by and with the approval of the board consisting of the Mayor of the City of Fitzgerald, President of the Chamber of Commerce and Chairman of the Water Light and Bond Commission, whether such amendment shall go into effect or not. Those voting in favor of the amendment to aforesaid shall have written or printed on their ballots For Amendment. And those opposed to said amendment shall have plainly written or printed on their ballots Against Amendment. If the majority of votes cast shall be in favor of said amendment the provisions of this resolution shall become effective and the governing authorities of said City shall in accordance herewith levy the tax aforesaid. If the majority of votes in said election are not in favor of amendment; then this law shall be void and of no effect. Election after ratification. Approved March 24, 1939. FULTON COUNTYCHIEF CLERK FOR CERTAIN OFFICERS. No. 296. An Act to amend Article XI, Section III of the Constitution of the State of Georgia by adding after Paragraph I thereof a new paragraph to be known as Paragraph II of Section III, of Article VI of said Constitution so as to provide that the General Assembly shall be given authority to provide that in the County of Fulton a chief clerk, or chief assistant, or chief deputy may be appointed by the Ordinary, Sheriff, Clerk Superior Court, Tax Receiver, Tax Collector, or Tax Commissioner, and County Treasurer as the case may be; further, that the General Assembly may provide that in the case of a vacancy in the office of Ordinary, Sheriff,

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Clerk Superior Court, Tax Receiver, Tax Collector, or Tax Commissioner, and County Treasurer, and that the person so appointed as chief clerk, chief assistant, or chief deputy may fill the unexpired term of the officer making the appointment; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That the Constitution of the State of Georgia is hereby amended as follows, to-wit: By adding a new paragraph to Section III, of Article XI of said Constitution, said new paragraph to follow Paragraph I and to be known as Paragraph II and to be in the following words and symbols, to-wit: Art. 11, Sec. 3 (2-8401). Paragraph II. The General Assembly may provide, however, that the Ordinary, Sheriff, Clerk Superior Court, Tax Receiver, Tax Collector (or Tax Commissioner as the case may be) and County Treasurer, any one or all of them, serving in Fulton County, shall be required to appoint a chief clerk, chief assistant or chief deputy, from among such officer's assistants; the appointment to be made by the person occupying such respective office and to be for such term as the person making the appointment may designate, the term in no event to extend beyond the term of the person making the appointment; and the General Assembly may provide, further, that in said County of Fulton in the event a vacancy occurs in any of the offices here named, that such designated chief clerk, chief assistant or chief deputy may fill out the unexpired term of the person making the appointment, upon qualifying for such office as provided by law. Appointment. To fill vacancy. Section 2. Be it further enacted by the authority aforesaid, That whenever the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two Houses

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of the General Assembly, and the same has been entered on their Journals, with the yeas and nays taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in each Congressional District of this State, for two months next preceding the time of holding the next general election. Section 3. Be it further enacted by the authority aforesaid, That the above proposed amendment shall be submitted for ratification or rejection to the electors of this State at the next general election to be held after the publication as provided for in the second section of this Act, in the several election districts of this State, at which election every person shall be qualified to vote who is qualified to vote for members of the General Assembly. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words: Submission to vote. FOR RATIFICATION of amendment to Article XI, Section III of the Constitution of Georgia by adding a new paragraph, authorizing the legislature to enact laws providing that in Fulton County a chief clerk, or assistant or deputy may be appointed and in case of a vacancy in the office of the Ordinary, Sheriff, Clerk Superior Court, Tax Receiver, Tax Collector, or Tax Commissioner, or County Treasurer of said County, fill out the unexpired term of such officer. 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 XI, Section III of the Constitution of Georgia by adding a new paragraph, authorizing the legislature to enact laws providing that in Fulton County, a chief clerk, or assistant or deputy may be appointed and in case of a vacancy in the office of the Ordinary, Sheriff, Clerk Superior Court, Tax Receiver, Tax Collector, or Tax Commissioner,

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or County Treasurer of said County, fill out the unexpired term of such officer. If the people ratify such amendment by a majority of the electors qualified to vote for members of the General Assembly voting thereon such amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified make proclamation thereof. Section 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1939. FULTON COUNTY CIVIL SERVICE. No. 279. An Act to amend Paragraph 2 of Section 6, of Article 7, of the Constitution of the State of Georgia so as to authorize the General Assembly to enact laws creating a Civil Service Commission and Civil Service System and/or Merit System for employees of Fulton County and for employees and deputies of county officers of Fulton County; and, further, to establish tenure of office for such employees and deputies and define the powers, duties, responsibility of the Civil Service Commission, employees and deputies coming under civil service classification, and county officers; and further, to provide exceptions and exemptions to the operation of said laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same:

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Section 1. That the Constitution of the State of Georgia is hereby amended as follows: By adding to Paragraph 2, of Section 6, of Article 7, thereof, the following words, to-wit: Art. 7, Sec. 6, p. 2 (2-5402). The General Assembly shall have the authority, however, to enact laws creating a Civil Service Commission and establishing a Civil Service System and/or Merit System for county employees and employees and deputies of county officers of Fulton County, including deputies and employees of the Sheriff, Tax Collector, Tax Receiver, Treasurer, Clerk of the Superior Court and Ordinary of said county, and in connection therewith to define and prescribe the powers and duties of such Civil Service Commission and such employees and deputies; and to enact laws defining the relation, obligation, duty and responsibility of employees and deputies under civil service classification with respect to county officers, and further define the relation, responsibility, obligation and duty of officers of Fulton County with respect to employees and deputies coming under civil service classification; to enact laws establishing tenure of office for such employees and deputies and to provide in what manner and for what reasons they may be removed or suspended from office; and to provide exceptions and exemptions to the operation of said laws. Civil Service Commission. Section 2. Be it further enacted by the authority aforesaid, that whenever the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly, and the same has been entered on their Journals, with the yeas and nays taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in each Congressional District of this State, for two months next preceding the time of holding the next general election.

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Section 3. Be it further enacted by the authority aforesaid, That the above proposed amendment shall be submitted for ratification or rejection to the electors of this State at the next general election to be held after the publication as provided for in the second section of this Act, in the several election districts of this State, at which election every person shall be qualified to vote who is qualified to vote for members of the General Assembly. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, For ratification of amendment to Paragraph 2, of Section 6, of Article 7, of the Constitution authorizing the Legislature to enact laws creating a Civil Service Commission and Civil Service System and/or Merit System for employees of Fulton County and for employees and deputies of county officers of Fulton County; and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, Against ratification of amendment to Paragraph 2, of Section 6, of Article 7, of the Constitution authorizing the Legislature to enact laws creating a Civil Service Commission and Civil Service System and/or Merit System for employees of Fulton County and for employees and deputies of county officers of Fulton County. If the people ratify such amendment by a majority of the electors qualified to vote for members of the General Assembly voting thereon such amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof. Submission to vote.

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Section 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1939. FULTON COUNTY RETIREMENT AND PENSION FUND. No. 247. An Act to amend Paragraph 2, of Section 6, of Article 7, of the Constitution of the State of Georgia authorizing the General Assembly to enact laws to create a retirement and pension fund and system of retirement pay for county employees of Fulton County and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That the Constitution of the State of Georgia is hereby amended as follows, to-wit: By adding to Paragraph 2, of Section 6, of Article 7, thereof the following words, to-wit: Art. 7, Sec. 6, p. 2 (2-5402). The General Assembly shall have authority, however, to enact laws authorizing the County of Fulton and the governing authorities of the schools of said county, to create a retirement and pension fund and a system of retirement pay for county employees, and for county school employees, and to levy taxes for that purpose; and to authorize the said county and the said county school authorities to enact laws, rules and regulations for the qualifications of such employees for benefits from such fund. Retirement and pension fund. Section 2. Be it further enacted by the authority aforesaid, That whenever the above proposed amendment to

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the Constitution shall have been agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly, and the same has been entered on their Journals, with the yeas and nays taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in each Congressional District of this State, for two months next preceding the time of holding the next general election. Section 3. Be it further enacted by the authority aforesaid, That the above proposed amendment shall be submitted for ratification or rejection to the electors of this State at the next general election to be held after the publication as provided for in the second section of this Act, in the several election districts of this State at which election every person shall be qualified to vote who is qualified to vote for members of the General Assembly. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, For ratification of amendment to Paragraph 2, of Section 6, of Article 7, of the Constitution authorizing the Legislature to enact laws authorizing the County of Fulton and the school authorities of said county to create a retirement and pension fund and system of retirement pay for county and county school employees of said county; and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, Against ratification of amendment to Paragraph 2, of Section 6, of Article 7, of the Constitution authorizing the Legislature to enact laws authorizing the County of Fulton and the school authorities of said county to create a retirement and pension fund and system of retirement pay for county and county school employees of said county. If the people ratify such amendment by a majority of the electors qualified to vote for members of the General Assembly voting thereon such amendment

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shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified make proclamation thereof. Submission to vote. Section 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1939. GRADY COUNTY WARRANT REFUNDING BONDS. No. 410. 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 Grady County by vote of its fiscal authority to issue Warrant Refunding Bonds sufficient in amount to pay off and retire the designated warrant indebtedness of said county; to provide that in the event such warrant indebtedness is paid off and retired that said County shall thereafter operate on a strictly cash basis and be prohibited from issuing warrants or orders payable in the future; to provide that the bills and claims of and against said county and its Treasury shall be paid by check and how such checks shall be executed; to authorize the fiscal authority of said county to thereafter budget and limit the expenditures of the various officers and departments of said county other than the Courts thereof; to provide how said bonds shall be authorized, validated and issued; to require the fiscal authority of said county to make provision for paying off and retiring said bonds; to

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provide that the proceeds of said bonds shall be used exclusively for paying off and retiring a designated warrant indebtedness; to provide for the submission of this amendment for ratification or rejection by the people; 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 7, Section 7, Paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding thereto a new subparagraph in the following words and language, to-wit: Art. 7, Sec. 7, p. 1 (2-5501). Provided, however, that in addition to the bonded indebtedness now or hereafter authorized by this Constitution, Grady County is hereby authorized and empowered to issue bonds sufficient in amount to refund, pay off and retire the unpaid, outstanding and existing warrant indebtedness of said county, including interest due or payable thereon, as the same appears of record in the office of the Treasurer or ex-officio Treasurer of said County on the date as determined by the Board of Commissioners of Roads and Revenues of said county, which date shall be not less than ten days and not more than thirty days next after the date of the proclamation of the Governor declaring this amendment ratified; said bonds to be known and designated as Warrant Refunding Bonds. In the event the privilege granted herein is exercised by said. County, after said date as so determined by said Board, said County and the authorities thereof are prohibited from issuing warrants and deferred payment orders on the Treasury of said County, and said County shall thereafte be operated on a cash basis so that all bills and claims chargeable to or against said county or payable by the treasury of said County shall be paid monthly or otherwise as determined by the Governing body of said County or as promptly as possible by checks drawn on the depository or depositories holding the funds of said county, and in no

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other way; no such check to be issued until funds are on deposit sufficient to immediately pay same and all other checks then outstanding, and all such checks to be signed by the Chairman of said Board or Chief Executive Officer of said county and signed or approved in writing by the Treasurer of said County; with the right in said Board or equivalent county authority to borrow money to supply casual deficiencies in revenue as heretofore authorized by this Constitution; with the further right hereby vested in said Board or other equivalent fiscal authority to budget; and limit the cost and expenditures of, the various officers and departments of said County, other than the schools, and the Courts thereof and expenses of Courts; any existing provision of this Constitution of any law, rule, or resolution of any other board, commission or authority to the contrary notwithstanding. No violation of any provision of this amendment as to the conduct after the determined date aforesaid of the fiscal affairs of said County shall in any wise affect or impair the validity of said Warrant Refunding Bonds. Said refunding bonds shall have such terms and provisions as to maturity, rate of interest and otherwise, as may be fixed by the Board of Commissioners of Roads and Revenues of said County, provided, however, that said bonds must all mature within thirty years from date of issuance. Provisions shall be made by the proper fiscal authority by formal resolution for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said warrant refunding bonds as they respectively become due, and the proceeds of said bonds shall be used exclusively for the purpose of paying and retiring the warrant indebtedness hereinabove identified. Said Warrant Refunding Bonds shall be issued under authority hereof only when authorized by a vote and resolution of the Board of Commissioners of Roads and Revenues of Grady County but without the necessity of an election as in the case of original obligation bonds, and said warrant Refunding Bonds shall

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then be validated in the manner and under the procedure, in accordance with this amendment, as is provided by law for the validation of original obligation bonds. Warrant refunding bonds. Cash basis. Tax. 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 election be submitted to the people for ratification or rejection. 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, so as to authorize Grady County to issue warrant refunding bonds, and for other purposes 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, so as to authorize Grady County to issue warrant refunding bonds, and for other purposes. 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, 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 the State of Georgia, and the Governor shall make proclamation therefor as provided by law. Submission to vote. Section 3. Be it further enacted, that all laws or parts of lawsinconflict herewith be, and the same are hereby repealed. Approved March 24, 1939.

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GREENVILLE BONDED DEBT. No. 47. A RESOLUTION. 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 Greenville 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. Section 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 by adding at the end thereof a new paragraph in the following words, to-wit: Art. 7, Sec. 7, p. 1 (2-5501). And except that the City of Greenville may issue refunding serial bonds not in excess of the aggregate sum of Sixteen Thousand (16000) 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 Greenville 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.

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Said refunding bonds shall be issued when authorized by a vote of the Mayor and City Council and shall be validated by law. Refunding bonds. Tax. 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 Greenville 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 Greenville 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 result shall be consolidated as now required by law in election for Members of the General Assembly, the said amendments shall become a part of Article 7, Section 7, paragraph 1, of the Constitution of the State, and the Governor shall make a proclamation therefor, as provided by law. Submission to vote. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 24, 1939.

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HIGHWAY REFUNDING BONDS. No. 14. A RESOLUTION. Providing for the Issuance of Highway Refunding Bonds to cover Payments due of Highway Refunding Certificates due March 25, 1939, 1940 and 1941 and for other purposes. Whereas, there has been appropriated by the Federal Government for Public Road construction on Federal Aid roads in Georgia the sum of $8,976,829.70 for the years 1939, 1940 and 1941, which funds must be matched by the State Highway Department to become available for road construction in Georgia, and, Whereas, during these years the State Highway Department is required to pay from its allocated funds to retire State of Georgia Highway Department Refunding Certificates, the sum of $2,653,154.34 annually, on March 25th of each year to and including March, 1945, and In order to make available sufficient funds to the State Highway Department for Road Constructions it is desirable to refund the Highway certificates coming due on March 25, 1939, 1940 and 1941. Section 1. Therefore, be it resolved by the General Assembly of Georgia that Paragraph I of Section VIII of Art. VII of the Constitution of Georgia (Code Sect. 2-5601) be amended by adding at the end thereof the following: Art. 7, Sec. 8, p. 1 (2-5601). The Governor of the State of Georgia may, as soon after the ratification of this constitutional provision as is convenient issue in the name of the State of Georgia and under its Seal, Highway Refunding Bonds in the sum of $2,650,000.00 payable March 15, 1946, and same shall be sold by the

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Governor, for the purpose of refunding to the State Highway Department that amount paid on State of Georgia, Highway Department Refunding Certificates coming due and paid by the State Highway Department on March 25th, 1939. Highway refunding bonds. On March 15th, 1940, the Governor may issue in like manner Highway Refunding Bonds in the sum of $2,650,000.00 payable March 15th, 1947, for the purpose of paying said State Highway Certificates coming due March 25th, 1940. On March 15th, 1941, the Governor may issue in like manner Highway Refunding Bonds in the sum of $2,650,000.00 payable March 15th, 1948, for the purpose of paying said State Highway Certificates due March 25th, 1941. All of such Highway Refunding Bonds shall be a direct obligation of the State, shall be issued in denominations of $1,000.00 each and shall be paid from revenue and/or taxes levied issued and allocated to the State Highway Department or to any Department which by law may be the successor to the Highway Department and the taxes and revenues shall continue to be levied, issued, allocated, and appropriated to said Highway Department, or its successors, and shall be collected in amounts sufficient to pay the said Refunding Bonds principal and interest as the same become due, said Refunding Bonds shall bear interest at 2% per annum payable semi-annually from the funds allocated to the State Highway Department on the 1st days of September and March until the maturity of the said Refunding Bonds respectively. No Bond shall be sold at less than par. Payment. Section 2. Be it further Resolved 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

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be published by the Governor 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 VII, Section VIII, Paragraph I of the Constitution, authorizing the Governor to issue Highway Refunding Bonds for the purpose of refunding State of Georgia Highway Department Refunding Certificates due and payable March 25th, 1939, 1940, and 1941. And all persons opposed to the adoption of said amendment shall have written or printed on their ballot the words, Against ratification of amendment to Article VII, Section VIII, Paragraph I of the Constitution, authorizing the Governor to issue Highway Refunding Bonds for the purpose of refunding to the State of Georgia Highway Department Refunding Certificates due and payable March 25th, 1939, 1940, and 1941, 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 the election of members of the General Assembly, the amendment and its provisions shall become a part of Article VII, Section VIII, Paragraph I of the Constitution of Georgia, and the Governor of the State of Georgia shall make a proclamation thereof, as provided by law. Submission to vote. Section 3. Be it further resolved by the authority aforesaid that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved February 23, 1939.

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KITE CONSOLIDATED SCHOOL DISTRICT REFUNDING BONDS. No. 166. 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 Kite Consolidated School District of Johnson 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 May 1, 1924 and which becomes due up to and including May 1, 1944; to provide that the funds raised from such additional bonded indebtedness shall be used exclusively for the retirement of said bonded indebtedness that is or may become due and unpaid as of May 1, 1944; 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, p. 1 (2-5501). And except that the Kite Consolidated School District of Johnson County, Georgia, may issue refunding serial bonds not in the excess of the aggregate sum of $20,000, for the purpose of refunding and retiring any bonded indebtedness of said school district, outstanding, past due and unpaid on January 1, 1939, and any bonded indebtedness of said school district outstanding and which becomes due up to and including May 1, 1944, and provide for the assessment and collection of an annual tax sufficient in

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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 Kite Consolidated School District of Johnson County, Georgia to be used exclusively for the purpose of paying and retiring said bonded indebtedness that is or may become due and unpaid as of May 1, 1944. Said refunding bonds shall be issued when authorized by a vote of the trustees of the said Kite Consolidated School District and shall be validated. Refunding bonds. Tax. 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 Kite Consolidated School District of Johnson 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 Kite Consolidated School District of Johnson County, Georgia, 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.

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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 March 9, 1939. MACON DEBT CERTIFICATES. No. 19. A RESOLUTION. 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 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 [Illegible Text] issue; to provide for the submission of the amendment for ratification by the people; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph in the following words, to wit: Art. 7, Sec. 7, p. 1 (2-5501). And except that the City of 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 a date not later than ninety (90) days after the holding of the election at which this amendment is submitted for ratification, and otherwise in an amount not exceeding the said deficit and current

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indebtedness outstanding on such date not later than ninety (90) days after the holding of the election at which this amendment is submitted for ratification. Such notes or debt certificates may be issued in such denominations, 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. Debt certificates. Proviso. Section 2. Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by two-thirds ([frac23]) 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 (2) 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 amendment 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 Macon to retire deficit and pay current indebtedness, 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 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

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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. Submission to vote. Section 3. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict herewith, shall be and are hereby repealed. Approved March 9, 1939. NASHVILLE REFUNDING BONDS. No. 334. 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 Nashville, 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 November 1, 1936, and that which becomes due up to and including November 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 due as of November 1, 1936, and that may become due as of November 1, 1942; 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, and it is hereby enacted by authority of the same: 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, p. 1 (2-5501).

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And except that the City of Nashville of Berrien County, Georgia, may issue refunding serial bonds not in excess of the aggregate sum of $28,000, for the purpose of refunding and retiring the bonded indebtedness of the City of Nashville outstanding, past due, and unpaid on November 1, 1936, in the sum of $16,000, and the bonded indebtedness of said City of Nashville outstanding and which becomes due up to and including November 1, 1942, in the sum of $12,000, and provided 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 such refunding bonds so issued by the City of Nashville, Berrien County, Georgia, to be used exclusively for the purpose of paying and retiring said bonded indebtedness that is or may become due and unpaid as of November 1, 1936, and which said bonded indebtedness may become due and unpaid as of November 1, 1942. Said refunding bonds shall be issued when authorized by a vote of the mayor and council of the City of Nashville, Berrien County, Georgia, and shall be validated. Refunding bonds. Tax. Section 2. Be it further enacted that when said amendment is agreed to by two-thirds vote of the members of each house, with the ayes and nays therein, 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 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 Nashville, Berrien County, Georgia, to issue refunding bonds, and all persons opposed to the adoption of said amendment shall have written or printed on said ballots the words: Against ratification of amendment

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of Article 7, Section 7, paragraph 1 of the Constitution, authorizing the City of Nashville, Berrien County, Georgia, 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. Section 3. Be it further enacted that all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1939. OCILLA REFUNDING BONDS. No. 220. 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 Ocilla, Georgia, 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, 1939, and shall become due up to and including January 1, 1943; 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, 1943; 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 the State of Georgia which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph in the following words, to-wit: Art. 7, Sec. 7, p. 1 (2-5501). And except that the City of Ocilla, Georgia, may issue refunding bonds not in excess of the aggregate sum of $28,000.00 for the purpose of refunding and retiring any bonded indebtedness of said City of Ocilla outstanding, past due and unpaid on January 1, 1939, and any bonded indebtedness of said city outstanding and which becomes due up to and including January 1, 1943, and provide for the assessment and collection of a tax, annually, sufficient in amount to pay the principal and interest of said bonds as they shall become due; the proceeds of all such refunding bonds so issued by the City of Ocilla, Georgia, to be used exclusively for the purpose of paying off and retiring said bonded indebtedness that is now or may become due and unpaid as of January 1, 1943. Said refunding bonds shall be issued when authorized by a vote of the Mayor and Council of the City of Ocilla, Georgia, and shall be validated. Refunding bonds. Tax. 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

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words For ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the City of Ocilla 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 City of Ocilla 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 have been consolidated as now provided and 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 of Georgia, and the Governor shall make a proclamation therefor, as provided by law. Submission to vote. Section 3. All laws and parts of laws in conflict here-with be and the same are hereby repealed. Approved March 20, 1939. OCILLA REFUNDING BONDS. No. 337. 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 Ocilla, Georgia, 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, 1939, and shall become due up to and including January 1, 1943; 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

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and unpaid as of January 1, 1943; 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 the State of Georgia which has heretofore been amended shall be further amended by adding at the end thereof a new paragraph in the following words, to-wit: Art. 7, Sec. 7, p. 1 (2-5501). And except that the City of Ocilla, Georgia, may issue refunding bonds not in excess of the aggregate sum of $28,000.00 for the purpose of refunding and retiring any bonded indebtedness of said City of Ocilla outstanding, past due and unpaid on January 1, 1939, and any bonded indebtedness of said city outstanding and which becomes due up to and including January 1, 1943, and provide for the assessment and collection of a tax, annually, sufficient in amount to pay the principal and interest of said bonds as they shall become due; the proceeds of all such refunding bonds so issued by the City of Ocilla, Georgia, to be used exclusively for the purpose of paying off and retiring said bonded indebtedness that is now or may become due and unpaid as of January 1, 1943. Said refunding bonds shall be issued when authorized by a vote of the Mayor and Council of the City of Ocilla, Georgia, and shall be validated. Refunding bonds. Tax. 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

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at said next general election be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words For ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the City of Ocilla 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 City of Ocilla 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 have been consolidated as now provided and 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 of Georgia, and the Governor shall make a proclamation therefor, as provided by law. Submission to vote. Section 3. All laws and parts of laws in conflict here-with be and the same are hereby repealed. Approved March 24, 1939. PEARSON REFUNDING BONDS. No. 302. 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 Pearson 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 September 1, 1939, and which becomes due up to

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and including March 1, 1950; 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 September 1, 1939 and/or March 1, 1950; to provide for the submission of the amendment for ratification by the people; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that article 7, section 7, paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph in the following words, to wit: Art. 7, Sec. 7, p. 1 (2-5501). And except that the City of Pearson may issue refunding serial bonds not in excess of the aggregate sum of $20,000.00 for the purpose of refunding and retiring any bonded indebtedness of said City outstanding, past due and unpaid on September 1, 1939 and any bonded indebtedness of said City outstanding and which may become due up to and including March 1, 1950, 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 Pearson to be used exclusively for the purpose of paying and retiring said bonded indebtedness that is or may become due and unpaid as of September 1, 1939 and/or March 1, 1950 and provided further, that such indebtedness shall not be incurred except with the assent of two thirds of the qualified voters of said City of Pearson at an election or elections to be held as may be now, or may hereafter be prescribed by law for the incurring of new debts by said City of Pearson. Refunding bonds. Tax. 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

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more newspapers in each Congressional District in this State, for two months previous to the time for holding the next general election, at which proposed amendments to the Constitution of this State may be voted on, and shall at said next general election be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, For ratification of amendment of article 7, section 7, paragraph 1, of the Constitution authorizing the City of Pearson 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 Pearson 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 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 Georgia, and the Governor shall make a proclamation thereof, as provided by law. Submission to vote. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 24, 1939. QUITMAN DEBT CERTIFICATES. No. 12. A RESOLUTION. Proposing to the qualified voters of Georgia an amendment to Article VII, Section 7, Paragraph 1 of the Constitution of Georgia, authorizing the City of Quitman to borrow

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money or incur debts to supply casual deficiencies of revenue; to limit the aggregate amount of said loans or debts outstanding at any one time, and to provide that said loans or debts must be paid out of revenue received by the City of Quitman in the year in which said debts or loans are made; to authorize the City of Quitman to issue notes or debt certificates for the retirement and payment of the current indebtedness of the City of Quitman, and to provide the terms of their issue; to provide for submission of this amendment for ratification by the people; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. That Article VII, Section 7, Paragraph 1, of the Constitution of Georgia, as heretofore amended, limiting the amount of debts to be incurred by any county, municipality or other political subdivision of this State, be and the same is hereby further amended by adding at the end thereof a new paragraph as follows, to-wit: Art. 7, Sec. 7, p. 1 (2-5501). And except that the City of Quitman, in addition to the debts hereinbefore allowed, may obtain loans between January 1st and December 31st of each year to supply casual deficiencies of revenue, to be paid out of the revenue received by the City in that year, said loans to be evidenced by promissory notes signed by the Chairman of the Board of Commissioners and the Clerk and Treasurer of the City of Quitman, after first being authorized by resolution approved by a majority vote of the Board of Commissioners of the City of Quitman at a regular meeting, and entered on the minutes of the Board of Commissioners. The aggregate amount of said loans outstanding at any time shall not exceed fifty per cent. (50%) of the total gross receipts of the City of Quitman from ad valorem taxes in the preceding year, and no new loans shall be obtained in any year unless all loans obtained the previous year have been paid in full; provided, the failure to pay said

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loans out of the revenue received by the City in the year the loan is made shall not affect the obligation of the City to pay the same. Loans. Amount. And except, also, that the City of Quitman, by a majority vote of the City Commissioners, shall issue notes or debt certificates to be executed by the Chairman of the Board of Commissioners and the Clerk and Treasurer, for the retirement and payment of any deficit in current indebtedness of the City of Quitman as the same may be at the date of such issue. Such notes or debt certificates shall be issued in such denominations, bearing such interest, and falling due as the Board of Commissioners may fix and determine, but not to exceed five years from the date of their issue. Debt certificates. Section 2. Whenever said amendment shall be agreed to by a two-thirds vote of the members elected to each of the two Houses of the General Assembly of Georgia, 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 for two months previous to the time of holding the next general election, and shall, at the next general election, be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words For ratification of amendment to Article VII, Section 7, Paragraph 1, of the Constitution, authorizing the City of Quitman to obtain temporary loans and issue notes or debt certificates therefor; 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 VII, Section 7, Paragraph 1, of the Constitution, authorizing the City of Quitman to obtain temporary loans and issue notes or debt certificates therefor; and if a majority of the electors qualified to vote for members of the General Assembly,

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voting thereon, shall vote for ratifications thereof, when the result shall be consolidated as now required by law in elections for members of the General Assembly, then said amendment and its provisions shall become a part of Article VII, Section 7, Paragraph 1, of the Constitution of this State, and the Governor of the State of Georgia shall make a proclamation thereof, as provided by law. Submission to vote. Section 3. That all laws or parts of laws in conflict herewith are hereby repealed. Approved February 23, 1939. QUITMAN REFUNDING BONDS. No. 13. A RESOLUTION. Proposing to the qualified voters of Georgia an amendment to Article VII, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize the City of Quitman to incur a bonded indebtedness in addition to that heretofore authorized by the Constitution of Georgia, for the purpose of refunding and retiring its existing bonded indebtedness due and unpaid as of January 1, 1940, and that to become due up to and including January 1, 1950; to limit the use of the funds raised; to authorize the assessment and collection of an annual tax sufficient to pay the principal and interest on 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 such bonds; to provide for validation; to provide for submission of this amendment for ratification by the people; and for other purposes. Be it enacted by the General Assembly of the State of Georgia:

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Section 1. That Article VII, Section 7, Paragraph 1, of the Constitution of Georgia, as heretofore amended, limiting the debts which may be incurred by counties, municipalities or other political subdivisions, shall be further amended by adding at the end thereof a new paragraph to be worded as follows, to-wit: Art. 7, Sec. 7, p. 1 (2-5501). And except that the City of Quitman, 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 of $35,000.00, for the purpose of refunding and retiring any bonded indebtedness of said city which may be outstanding, past due and unpaid as of January 1, 1940, and any bonded indebtedness of said city outstanding and which shall become due at any time up to and including January 1, 1950, and shall provide for the assessment and collection of an annual tax of sufficient amount to pay the principal and interest on said refunding bonds as they become due. Said serial bonds so issued shall mature in seven annual equal amounts beginning five years from the date of the issuance, and one such amount shall mature each year thereafter for a period of seven years. The proceeds of all such refunding bonds so issued by the City of Quitman 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, 1950. Said refunding bonds shall be issued and validated when authorized by a majority vote of the Board of City Commissioners of Quitman, 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. Refunding bonds. Tax. Section 2. When said amendment shall be agreed to by a two-thirds vote of the members elected to each of the two Houses of the General Assembly of this State, said amendment shall be entered on their journals with the ayes and nays thereon, and shall be published in one

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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 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 VII, Section 7, Paragraph 1, of the Constitution, authorizing the City of Quitman 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 to Article VII, Section 7, Paragraph 1, of the Constitution, authorizing the City of Quitman 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 result shall be consolidated as now required by law in elections for members of the General Assembly, then said amendment and its provisions shall become a part of Article VII, Section 7, Paragraph 1, of the Constitution of this State, and the Governor of the State of Georgia shall make a proclamation thereof, as provided by law. Submission to vote. Section 3. That all laws or parts on laws in conflict herewith are hereby repealed. Approved February 23, 1939. RAY CITY REFUNDING BONDS. No. 415. 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 Ray City to incur a bonded indebtedness in addition to that heretofore authorized by the Constitution and

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laws of Georgia for the purpose of refunding and retiring its existing bonded indebtedness and interest thereon due to this date and which may become due up to and including June 15, 1940, and remain unpaid, incurred by said City of Ray City, Berrien County, Georgia, for water works and electric lights, balance principal on said bonds maturing June 15, 1940, being the sum of $15,500; 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 June 15, 1940; to provide for the submission of the amendment for ratification by the people, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph, in the following words, to wit: Art. 7, Sec. 7, p. 1 (2-5501). And except that the City of Ray City, Georgia, may issue refunding serial bonds not in excess of the aggregate sum of $15,500 plus all unpaid interest on said bonds as of June 15, 1940, for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said city outstanding past due and unpaid on June 15, 1940, and any bonded indebtedness and interest thereon of said city outstanding and which becomes due up to and including June 15, 1940, for water works and electric lights, 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 Ray City 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 June 15, 1940.

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Said refunding bonds shall be issued when authorized by a vote of the Mayor and Council of the City of Ray City, Georgia, and shall be validated as provided by law. Refunding bonds. Tax. 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 Ray City, Georgia, 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 Ray City 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 result shall be consolidated as now required by law in election for members of the General Assembly, the said amendments shall become a part of article 7, section 7, paragraph 1, of the Constitution of the State, and the Governor shall make a proclamation therefor, as provided by law. Submission to vote. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 24, 1939.

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REIDSVILLE SCHOOL DISTRICT BONDED DEBT. No. 370. 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 Reidsville School District, of Tattnall 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 and interest thereon due and unpaid as of January 1, 1940, and any bonded indebtedness due up to and including January 1, 1960; 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 due and unpaid on January 1, 1940, and any bonded indebtedness which becomes due up to and including January 1, 1960; 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, p. 1 (2-5501). And except that the Reidsville School District, of Tattnall County, Georgia, may issue refunding serial bonds not in excess of the aggregate sum of $30,000.00, for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said School District outstanding, past due and unpaid on January 1, 1940, and any bonded indebtedness of said School District outstanding and which becomes due up to and including

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January 1, 1960, 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 Reidsville School District to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon that is due and unpaid as of January 1, 1940, and any bonded indebtedness outstanding and which becomes due up to and including January 1, 1960. Said refunding bonds shall be issued when authorized by a vote of the Trustees of the said Reidsville School District, of Tattnall County, and shall be validated as provided by law. Refunding bonds. Tax. 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 Reidsville School District, of Tattnall County, Georgia, 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 Reidsville School District, of Tattnall County, Georgia, 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 result shall be consolidated as now required by

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law in election of 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 thereof, as provided by law. Submission to vote. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 24, 1939. SAVANNAH BONDED DEBT. No. 190. 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 Georgia of 1933, 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 securing and establishing an industrial and domestic water supply in addition to the present water supply of the City of Savannah, and for the purpose of purchasing equipment necessary to establish said water supply and for the purpose of purchasing rights-of-way, pipe lines, and all other necessary equipment and machinery needed in the construction of such water plant, and for the purpose of constructing and erecting a suitable water plant to supply additional water for industrial and domestic purposes; to provide that all funds received from such additional bonded indebtedness shall be used exclusively for the purpose of establishing, constructing, and erecting a water plant in the vicinity of the City of Savannah for industrial and domestic purposes; to authorize the assessment and collection of an annual tax sufficient

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to pay principal and interest of said bonds as they become due; to authorize the fixing of a 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 of 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 7, Section 7, Paragraph 1 of the Constitution of the State of Georgia, incorporated in the Code of Georgia 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: Art. 7, Sec. 7, p. 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 aggregate sum of One Million ($1,000,000.00) Dollars, for the purpose of acquiring and establishing an industrial and domestic water supply for the City of Savannah and vicinity, and shall provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said serial bonds as they become due. Said serial bonds as 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 all such serial bonds so issued by the City of Savannah shall be used exclusively for the purpose of acquiring land and rights-of-way necessary for establishing, constructing and erecting a water plant for industrial and domestic purposes, for the purchase of necessary equipment, for the purchase of pipe lines, for the purpose of installing said equipment and all necessary machinery and for the purpose of erecting and constructing a water plant to secure an additional water

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supply for industrial and domestic purposes. Said serial bonds shall be issued and validated when authorized by the affirmative vote of the requisite two-thirds of the qualified voters of the City of Savannah in an election to be held in accordance with and in compliance with the law of the State of Georgia as incorporated in the Code of Georgia of 1933, Code Sections 87-201 to 87-204, both inclusive. The Mayor and Aldermen of the City of Savannah are authorized by a majority vote to fix the rate of interest of said bonds at least thirty (30) days next preceding the date of the election. Water supply system. Tax. Use of funds. Bond election. Section 2. Be it further enacted by the Authority aforesaid, that when said amendment shall be agreed to by a two-thirds vote of the members elected to each House, it shall be entered upon the journal of each House with the ayes and nays thereon, and shall be published in one or more newspapers in each Congressional District in the State of Georgia for two 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 serial bonds to acquire, establish, erect and construct an additional water supply plant for industrial and domestic purposes, 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 serial bonds to acquire, establish, erect and construct an additional water supply plant for industrial and domestic purposes,; and if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for

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ratification thereof when the result shall be consolidated as now required by law in election for 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. Submission to vote. Section 3. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 16, 1939. SAVANNAH BONDED DEBT. No. 257. 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 purchasing and/or acquiring lands, sites, buildings and/or improvements located thereon, to be given, granted, leased, or otherwise disposed of to the United States of America for the purpose of national defense, or other public purpose; to provide that the funds raised from such additional bonded indebtedness shall be used exclusively for the purchase and/or acquirement of lands, sites, buildings, and improvements, to be accepted and used by the United States Government for national defense purposes, or other public purposes; to authorize the assessing 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

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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 authority of the same, that Article 7, Section 7, Paragraph 1, of the Constitution of the State 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: Art. 7, Sec. 7, p. 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 aggregate sum of Five Hundred Thousand ($500,000.00) Dollars, for the exclusive purpose of purchasing and/or acquiring lands and/or sites, and buildings and improvements located thereon, for the purpose of giving, granting, leasing, or otherwise disposing of said lands, and/or sites, and buildings and improvements located thereon, to the United States of America for the purpose of national defense, or other public purpose; and shall provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest as they become due; said serial bonds so issued shall mature in twenty (20) annual equal amounts beginning ten (10) years from the date of issuance and maturing each year thereafter for a period of twenty (20) years. The proceeds of all such serial bonds so issued by the City of Savannah shall be used exclusively for the purpose of giving, granting, leasing, or otherwise disposing of the same to the United States of America for the purpose of national defense, or other public purpose, and no such bonds shall be issued or disposed of until and unless the United States of America first agree to accept the same

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and to use the same for national defense purposes, or other public purpose. Said serial bonds shall be issued by the Mayor and Aldermen of the City of Savannah after two-thirds of the qualified voters of the City of Savannah have authorized the same in an election held in accordance with the provisions of Section 87-201 to 87-204, both inclusive, of the Code of Georgia of 1933. The Mayor and the Aldermen of the City of Savannah 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. Said bonds shall be validated as provided by law. National defense. Tax. Bond election. 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 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 land purchase bonds, and all persons opposed to the adoption of said amendment shall have written or printed on their ballots Against ratification of amendment to Article 7, Section 7, Paragraph 1, of the Constitution authorizing the City of Savannah to issue land purchase 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 result shall be consolidated as now required by law in election of members of the General Assembly, the amendment and

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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. Submission to vote. 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 March 24, 1939. SUPERIOR COURTSHEARINGS IN VACATION. No. 268. An Act to amend Paragraph 8, of Section 4, of Article 6 of the Constitution of the State of Georgia, so as to provide that the judges of the Superior Courts may in vacation hear and determine any matter or issue, where a jury verdict is not required, or may be waived; 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: Section 1. Paragraph 8, of Section 4, of Article 6 of the Constitution of the State of Georgia is amended by adding at the end of said paragraph the following, towit: Art. 6, Sec. 4, p. 8 (2-3208). The judges of said courts may, on reasonable notice to the parties, at any time, in vacation, at Chambers, hear and determine, by interlocutory or final judgment, any matter or issue, where a jury veridct is not required, or may be waived. So that said paragraph, as amended, shall read:

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Paragraph 8. The Superior Courts shall sit in each county not less than twice in each year, at such times as have been or may be appointed by law. The judges of said courts may, on reasonable notice to the parties, at any time, in vacation, at chambers, hear and determine, by interlocutory or final judgment, any matter or issue, where a jury verdict is not required, or may be and has been waived. Hearings in vacation. Section 2. When this amendment to the constitution shall have been approved by the General Assembly of the State of Georgia, in the manner provided by law, the Governor of this State shall, in the manner provided, by law, cause the same to be voted upon by the people of the State, at the next general election held for such purpose. At said election, the ballots shall have printed thereon, For amendment to Par. 8, Sec. 4, Art. 6 of the State Constitution to authorize Superior Court judges, in vacation, to hear and determine matters not requiring a jury verdict, and Against amendment to Par. 8, Sec. 4, Art. 6 of the State Constitution to authorize Superior Court judges, in vacation, to hear and determine matters not requiring a jury verdict. If a majority of the qualified voters at such election shall vote for the ratification of the amendment, the same shall become a part of the State constitution, and the Governor of the State shall make proclamation thereof. Submission to vote. Section 3. That all laws, and parts of laws, in conflict herewith are repealed. Approved March 24, 1939. SUPERIOR COURTSSALARIES OF JUDGES. No. 360. An Act to amend paragraph 1, Section 13 of Article 6 of the Constitution of Georgia regulating the salaries of

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judges of the Superior Court by providing for the payment from the County Treasurer of DeKalb County to the judge of the circuit of which said county is a part, and additional compensation; and for other purposes. Section 1. The General Assembly of the State of Georgia hereby proposes to the people of Georgia an amendment to Paragraph 1, of Section 13, of Article 6, of the Constitution of this State, as follows:By adding to Paragraph 1 of Section 13, of Article 6 of the Constitution of the State of Georgia as it now is the following: Art. 6, Sec. 13, p. 1 (2-4001). Provided, that the County of DeKalb from and after January 1, 1940, shall pay from its treasury to the Superior Court judges of the Circuit of which it is a part in addition to the salary paid each judge from the State Treasury, the sum of Twenty Five Hundred Dollars per annum to each judge, and said payments are declared to be a part of the court expenses of such county. DeKalb additional salary. Section 2. Be it further enacted by the authority aforesaid, that whenever the above proposed amendment to the Constitution of this State shall be agreed to by two-thirds of the members elected to each of the Houses of the General Assembly, and the same has been entered upon their journals, with the yeas and nays taken thereon, the Governor shall, and he is hereby authorized and instructed to cause the above proposed amendment to be published in one or more newspapers in each congressional district in this State for the period of two months next preceding the time of holding the next general election; and the Governor is hereby authorized and directed to provide for the submission of the amendment proposed for ratification or rejection to the electors of this State at the next general election to be held after said publication, at which election every person shall be qualified to vote who is entitled to vote for members of the General Assembly. All persons voting at such election in favor of adopting the said proposed amendment shall have written or printed in their

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ballots the words, for amendment to Paragraph one of Section 13 of Article 6 of the Constitution, providing for additional compensation to be paid by DeKalb County, to the judges of the circuit to which it is a part. If a majority of the electors qualified to vote for members of the General Assembly voting thereon, shall vote for ratification, the Governor shall, when he ascertains the same from the Secretary of State, to whom the returns from said election shall be referred in the same manner as in cases of election for members of the General Assembly to county and ascertain the result, issue his proclamation for one insertion in one daily paper of the State, announcing such result and declaring the amendment ratified. Submission to vote. Section 3. Be it further enacted that all laws or parts of laws in conflict herewith are repealed. Approved March 24, 1939. SYLVANIA REFUNDING BONDS. No. 230. 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 Sylvania 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, p. 1 (2-5501). And except that the City of Sylvania, in Screven County, Georgia, may issue refunding serial bonds not in excess of the aggregate sum of ($20,000.00) dollars, for the purpose of refunding and retiring any bonded indebtedness of said City outstanding, passed due and unpaid up to and including 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 Sylvania 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 Mayor and Councilmen and shall be validated by law. Refunding bonds. Tax. Section 2. Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by two thirds 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 Sylvania to issue refunding bonds, and all persons

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opposed to the adopting of said amendment shall have written or printed on their ballots the words, Against ratification of the amendment of article 7, section 7, paragraph 1, of the Constitution, authorizing the City of Sylvania 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. Submission to vote. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 20, 1939. TEMPORARY LOANS BY BOARDS OF EDUCATION OF FULTON, FLOYD AND DEKALB COUNTIES. No. 308. 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 Board of Education of Fulton County, Floyd County and DeKalb County to make temporary loans; to limit the aggregate amount of said loans outstanding at any one time; to provide for the payment of such loans; to provide the method of making such loans; and for other purposes. Section 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

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the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof a new sub-paragraph in the following words, to-wit: Art. 7, Sec. 7, p. 1 (2-5501). And except that in addition to debts hereinbefore permitted, the Board of Education of Fulton County, Floyd County and DeKalb County may make temporary loans from time to time to be evidence by promissory notes signed by the President of the Board of Education and by the County Superintendent of Schools after the passage of a resolution by a majority of the Board authorizing the same entered on the minutes. No such new loan shall be made after January 1st of any year until all previous loans have been paid and no new loan shall be made which will bring the aggregate amount of loans hereunder outstanding at the time such new loan is made to an amount in excess of the balance of the income that the Board of Education may be or become entitled to receive from the State Appropriation in the fiscal year in which any such loan is made, and the balance that the Board of Education may be or become entitled to receive from taxes in the calendar year in which such new loan is made. Such loans shall be payable out of any revenue received by the Board of Education at any time irrespective of whether or not they are included in the budget or appropriation for such Board of Education. Temporary loans. Limit. Payment. 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 the 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

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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 Board of Education of Fulton County, Floyd County and DeKalb County to make temporary loans, and all persons opposed to 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 Board of Education of Fulton County, Floyd County and DeKalb County to make temporary loans, and if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the results shall be consolidated as now required by law in elections for members of the General Assembly, the said amendment shall become a part of Article seven, Section seven, Paragraph one of the Constitution of this State, and the Governor shall make a proclamation therefor, as provided by law. Submission to vote. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 24, 1939. TIFT COUNTY BONDED DEBT. No. 349. An Act To propose to the qualified voters of Georgia an amendment to Article Seven, Section Seven, Paragraph One, of the Constitution of Georgia, so as to authorize an increase in the bonded indebtedness of the County of Tift, State of Georgia, in the sum of Fifty Thousand ($50,000.00) Dollars in addition to the debts hereinbefore in this paragraph allowed to be incurred, for the purpose of acquiring a site in Tifton or outside Tifton, in Tift

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County, Georgia, and building, constructing and equipping thereon a hospital, and to provide how the power conferred by this amendment shall be exercised, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that Article Seven, Section Seven, Paragraph One, of the Constitution of Georgia, as heretofore amended, shall be further amended by adding at the end thereof a new subparagraph in the following words, towit: And except that the County of Tift may be authorized to increase its bonded indebtedness in the sum of Fifty Thousand ($50,000.00) Dollars in addition to the debts hereinbefore in this paragraph allowed to be incurred, and at a rate of interest not to exceed five per centum. per annum; which said bonds shall run for a period or periods of time not to exceed thirty years, and may be issued from time to time, and in such denominations as may be determined by the county authorities of said county, to be signed by the commissioners of roads and revenues of said county, and the clerk of said commissioners and shall be known and designated as Hospital Construction and Equipment bonds, and which said bonds shall be sold, and the proceeds thereof used and handled by the commissioners aforesaid, acting with the clerk and ordinary, or by a committee or commission selected, appointed and qualified in such way or method as such county authority may designate. The proceeds of all bonds issued and sold under this authority shall be used for the purpose of acquiring a hospital-site in the City of Tifton, or outside of Tifton, in Tift County, and building, constructing, and equipping thereon a hospital where medical and surgical treatment and care may be provided those in need of such. The power conferred by this amendment shall be exercised under such rules and regulations respecting the acquiring of a site, the building and equipping of said hospital, as well as the operation

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of the same, providing for payment for such medical and surgical treatment and care in such hospital, excepting only charity cases as the county authorities acting alone or in conjunction with any committee which they may deem necessary and proper to appoint. Art. 7, Sec. 7, p. 1 (2-5501). Hospital construction and equipment. Regulations. Section 2. Be it further enacted by the authority aforesaid, that whenever the above-proposed amendment to the Constitution shall be agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly, and the same has been entered on their journals, with ayes and nays taken thereon, the Governor shall and he is hereby authorized and instructed to cause said amendment to be published in at least two newspapers in each congressional district in this State for the period of two months next preceding the time of holding the next general elections. Section 3. Be it further enacted by the authority aforesaid, that the above proposed amendment shall be submitted for ratification or rejection to the electors of this State at the next general election to be held after publication, as provided for in the second section of this Act, in the several election districts of this State, at which election every person shall be qualified to vote who is entitled to vote for the members of the General Assembly. All persons voting at such election in favor of adopting the proposed amendment to the Constitution shall have written or printed on their ballots the words: For amendment allowing the County of Tift to increase its bonded indebtedness for the purpose of acquiring a hospital-site in Tifton, or outside of Tifton in Tift County, Georgia, and building, constructing, and equipping thereon a hospital where medical and surgical treatment and care may be provided for those in need of such, and all persons opposed to the adoption of the amendment shall have written or printed on their ballots the words: Against the amendment allowing the County of Tift to increase its

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bonded indebtedness for the purpose of acquiring a hospital-site in Tifton, or outside Tifton in Tift County, Georgia, and building, constructing, and equipping thereon a hospital where medical and surgical treatment and care may be provided for those in need of such. Submission to vote. Section 4. Be it further enacted by the authority aforesaid, that the Governor be and he is hereby authorized and directed to provide for the submission of the amendment proposed in the first section of this Act to a vote of the people as required by the Constitution of this State in Paragraph one of Section one of Article thirteen, and by this Act; and if ratified, the Governor shall, when he ascertains such ratification from the Secretary of State, to whom the returns shall be referred in the manner as in cases of election for members of the General Assembly to count and ascertain the results, issue his proclamation for one insertion in one of the daily papers of this State, announcing such result and declaring the amendment ratified. Section 5. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act, be and the same are hereby repealed. Approved March 24, 1939. WILLIE CONSOLIDATED SCHOOL DISTRICT REFUNDING BONDS. No. 193. 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 Willie Consolidated School District, of Liberty 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

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existing bonded indebtedness and interest thereon due and unpaid as of June 30, 1939; and any bonded indebtedness due up to and including December 30, 1947; 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 due and unpaid on June 30, 1939, and any bonded indebtedness which becomes due up to and including December 30, 1947; 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, p. 1 (2-5501). And except that the Willie Consolidated School District, of Liberty County, Georgia, 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 and interest thereon of said School District outstanding past due and unpaid on June 30, 1939, and any bonded indebtedness of said School District outstanding and which becomes due up to and including December 30, 1947, 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 Willie Consolidated School District to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon that is due and unpaid as of June 30, 1939, and any bonded indebtedness outstanding and which becomes due up to and including December 30, 1947. Said refunding bonds shall be issued when authorized by a vote of the Trustees of the said Willie Consolidated School

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District, of Liberty County, and shall be validated as provided by law. Refunding bonds. Tax. 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 Willie Consolidated School District, of Liberty County, Georgia, 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 Willie Consolidated School District, of Liberty County, Georgia, 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 result shall be consolidated as now required by law in election for members of the General Assembly, the said amendments shall become a part of Article 7, Section 7, Paragraph 1, of the Constitution of the State, and the Governor shall make a proclamation therefor, as provided by law. Submission to vote. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 16, 1939.

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TITLE II. APPROPRIATIONS. ACTS. Interest on Temporary School Loans. Law Books for Hall, Emanuel and Oconee Counties. State Department of Public Welfare. State Veterinarian. INTEREST ON TEMPORARY SCHOOL LOANS. No. 44. An Act to amend the Act of the 1937 General Assembly approved March 30, 1937 entitled An Act to make appropriations for the operation of State Government etc. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same that the Appropriation Act of 1937, approved March 30, 1937, be and the same is hereby amended as follows: Act of 1937 amended. By adding a new sub-section to be numbered (k) To Section 4 of said Act to read as follows: Payment of interest. (k) For the payment of interest on temporary school loans For the fiscal year ending June 30, 1939. $16,500.00. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 10, 1939. LAW BOOKS FOR HALL, EMANUEL, AND OCONEE COUNTIES. No. 272. An Act to provide for an appropriation from the State Treasurer for the purpose of purchasing law books for

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the County of Hall to replace law books destroyed by storm; and for the County of Emanuel to replace books destroyed by fire; and for the County of Oconee to replace books destroyed by fire; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. There is hereby appropriated from the Treasurer of the State of Georgia the sum of $750.00, for the purchase of Georgia Reports, Volumes 1 and 2 preliminary, and Volumes 1 to 186 inclusive; Georgia Appeals Reports, Volumes 1 to 57 inclusive; for the use of Hall County in place of the law books of Hall County destroyed by storm. Upon the purchase of said law books, the Treasurer of the State of Georgia is hereby authorized and directed to pay said sum to the proper authorities for said purpose. Law books for Hall County. Section 1A. There is hereby appropriated from the Treasurer of the State of Georgia the sum of $750.00, for the purchase of Georgia Reports, Volumes 1 and 2 preliminary, and Volumes 1 to 186 inclusive; Georgia Appeals Reports, Volumes 1 to 57 inclusive; for the use of Emanuel County in place of the law books of Emanuel County destroyed by fire. Upon the purchase of said law books, the Treasurer of the State of Georgia is hereby authorized and directed to pay said sum to the proper authorities for said purpose. Emanuel County. Section 2. There is hereby appropriated from the Treasury of the State of Georgia the sum of $750.00 for the purchase of a complete set Georgia Reports and a complete set of Georgia Acts and a complete set of Georgia Appeals Reports for the use of Oconee County, all books of the County having been destroyed by fire. The Treasurer of the State of Georgia is hereby authorized and directed to pay said sum to the proper authorities for said purpose. Oconee County.

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Section 2A. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1939. STATE DEPARTMENT OF PUBLIC WELFARE. No. 422. An Act to appropriate $483,991.08 to the State Department of Public Welfare for certain uses; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The sum of $483,991.08 is hereby appropriated to the State Department of Public Welfare for use by the said Department in paying any deficit existing up to June 30, 1939, at any of the State Eleemosynary Institutions under its supervision and control. The said appropriation shall be available upon the passage of this Act. For payment of deficit. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 23, 1939. STATE VETERINARIAN. No. 406. An Act to appropriate certain sums of money for certain times to the State Veterinarian for the purpose of making indemnity payments to the owners of cattle reacting to the blood agglutination test for Bang's disease in the State of Georgia; to provide how the said funds shall be used; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. The sum of Sixty Thousand ($60,000.00) Dollars is hereby appropriated to the State Veterinarian for the period beginning May 1, 1939, and ending June 30, 1940, and the further sum of Fifty Thousand ($50,000.00) Dollars is hereby appropriated to the State Veterinarian for the period beginning July 1, 1940, and ending June 30, 1941, for the purpose of making indemnity payments to the owners of cattle reacting to the agglutination test for Bang's disease and in order to equal the Federal indemnity payments made for the same purpose. The said sum of Sixty Thousand ($60,000.00) Dollars appropriated as aforesaid shall be available May 1, 1939. Periods. Indemnity to cattle owners. Section 2. The above sums appropriated as aforesaid shall be used exclusively for matching Federal funds for paying indemnity to owners of cattle reacting to the Bang's test. To match Federal funds. Section 3. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1939.

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TITLE III. TAXATION. ACTS. Federal Corporations and Agencies. General Tax Act Amended. General Tax Act Amended. Homestead Exemption from TaxesAmending Act. Homestead Exemption from TaxesAmending Act. Intangible Trust PropertyTaxable Situs. Malt BeveragesAmount of Tax. Special Tax on Federal Agencies Engaged in Distributing Electricity. FEDERAL CORPORATIONS AND AGENCIES. No. 203. An Act to provide for the ad valorem taxation of property owned or possessed in this State by corporations organized under the laws of the United States and by agencies of the United States engaged in proprietary, as distinguished from governmental, activities in this State. Be it enacted by the General Assembly of Georgia and it is enacted by authority of the same: Section 1. All property owned or possessed in this State by corporations organized under the laws of the United States and agencies of the United States engaged in this State in proprietary, as distinguished from governmental activities, shall be subject to ad valorem taxation in this State (except insofar as the Constitution and Laws of the United States may prohibit the taxation) at the same rate and in the same manner as the property of private corporations owning property in this State engaged in similar businesses are taxed; and all laws relating to the ad valorem taxation of such private corporations shall apply. Ad valorem taxation. Rate and manner.

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Section 2. All laws and parts of laws in conflict herewith are repealed. Approved March 8, 1939. GENERAL TAX ACT AMENDED. No. 89. An Act to Amend the General Tax Act of 1935, by adding to paragraph 50 of said Act the following: Provided, however, that this Act shall not apply to those merchants or stores which do not install or repair electrical wiring or equipment, 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 General Tax Act of 1935 be, and it is hereby amended by adding to Paragraph 50 of said Act, appearing on page 34 of the Georgia Laws of 1935, the following: Provided, however, that this Act shall not apply to those merchants or stores which do not install or repair electrical wiring or equipment. So that said Paragraph 50 of said Act, as amended, shall read as follows: Electrical Contractors. Upon all electrical contractors, $25.00 for each county. The term `electrical contractor' as used in this paragraph shall be held to mean each person, firm, or corporation who shall engage in installing, repairing and/or selling electrical wiring or equipment; provided, however, that this Act shall not apply to those merchants or stores which do not install or repair electrical wiring or equipment. Act of 1935 amended. Electrical contractors. 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 25, 1939.

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GENERAL TAX ACT AMENDED. No. 426. An Act to amend Section 22, of the General Tax Act No. 360, approved March 28, 1935, Georgia Laws of 1935, by striking from said section the second sentence thereof, which provides that no person shall be exempt from any tax imposed, who has more than one employee to assist in conducting such business, 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 22, of the General Tax Act No. 360, approved March 28, 1935, Georgia Laws of 1935 be and the same is hereby amended by striking from said Section the second sentence thereof which provides as follows: Act of 1935 amended. No person shall be exempt from any tax imposed who has more than one employee to assist in conducting such business, so that the Section so amended shall read as follows: Stricken proviso. Section 22. Be it further enacted that any person engaging in any occupation taxed by this Act who claims to be exempt from the payment of the taxes herein imposed, by virtue of the provisions of this Act or any other Act of this State, must first satisfy the State Revenue Commission that he is entitled to the exemptions claimed, and obtain from it a certificate of exemption before he shall be entitled to any exemption from any tax imposed by this Act. The holder of such a certificate of exemption shall not be excused thereby from registering with the Ordinary of each county wherein he does business or with the Comptroller-General as required by this Act, but on registering he shall exhibit said certificate of exemption to the Ordinary or the Comptroller-General. Any person who shall endeavor to escape the taxes imposed by this Act by virtue

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of a certificate of exemption obtained through fraud or by using a certificate of exemption to which he is not entitled shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in Section 27-2506 of the Code of 1933. Claim of exemption. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 23, 1939. HOMESTEAD EXEMPTION FROM TAXESAMENDING ACT. No. 69. An Act to amend an Act entitled Homestead Exemption from Taxes (Georgia Laws Extra Session 1937-1938, p 145) so as to define the terms Homestead and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of same that Section 8 of the Homestead Exemption from Taxes Law (Georgia Laws Extra Session 1937-1938, p 145) is hereby amended by adding another subsection to be known as `i' and to read as follows: Act of 1937-1938 amended. The actual place of residence of a minister of the gospel which said place of residence is owned by the church faith which said minister is serving and for which said place of residence the church faith is not receiving any rent or other financial benefit. Residence of minister. Section 2. That all laws and part of laws in conflict herewith be and the same are hereby repealed. Approved February 21, 1939.

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HOMESTEAD EXEMPTION FROM TAXESAMENDING ACT. No. 245. An Act to amend an Act entitled 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, etc. approved December 16, 1937, so as to amend Section 7 of said Act as to providing the time at which the real property must be owned; and to amend Section 8 of said Act as to Homesteads where the property is jointly owned; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same as follows: Section 1. That the Act entitled An Act to provide for homesteads exempt from 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, etc. approved December 16, 1937, be and is hereby amended as follows: Act of 1937-1938 amended. That between the word applicant and the word and appearing in the second line of Section 7 of said Act, the following words shall be inserted at the time the application is made prior to April 1st each year, so that as amended said section will read as follows: Section 7. As used in this Act homestead means real property owned by the applicant on January 1st of the taxable year 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 or ownership. Time of ownership.

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Section 2. That the aforesaid Act be further amended by adding at the end of Section 8 of said Act the following, to be known as Section 8 (i): (i) Where the property is owned and occupied jointly by two or more persons all of whom occupy the property as a home and if otherwise entitled to a homestead such homestead may be claimed in the names of such joint owners residing in said home. Joint ownership. Section 3. Be it further enacted that all laws and parts of laws in conflict with this Act be and they are hereby repealed. Approved March 24, 1939. INTANGIBLE TRUST PROPERTYTAXABLE SITUS. No. 269. An Act to fix the taxable situs of intangible trust property; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The taxable situs of all intangible trust property, which trust was or is created by a resident of this State, is hereby fixed and declared to be the county of the State of Georgia of which the settler or maker of the Trust is a resident, if living, and the County of the State Georgia of which the settler or maker of the trust was a resident at the time of his death, if deceased. Situs. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1939.

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MALT BEVERAGESAMOUNT OF TAX. No. 307. An Act to amend an Act approved March 23, 1935, entitled An Act to provide for license and excise taxes upon the business of dealing in malt beverages; to allocate funds derived from such taxes; to provide for the enforcement of this Act; to repeal laws in conflict with this Act; and to provide for the holding of an election to ratify or reject this Act; and for other purposes, as amended by the Act approved March 30, 1937, appearing in printed Georgia Laws of 1937, pages 148 to 154 inclusive, and as further amended by Act approved December 13, 1937, appearing in Georgia Laws Extra Session 1937-1938, pages 173 and 174: (1) by repealing Section 5 of said Act as amended, fixing an excise tax and license tax or registration fee on the business of manufacturing, distributing and selling malt beverages, and substituting in lieu thereof a new Section 5, fixing such taxes and registration fees and providing exemptions; (2) by repealing Section 2 of the Act approved December 13, 1937, appearing in Georgia Laws Extra Session 1937-1938, pages 173 and 174, providing for the continuation in force of the taxes and license fees indefinitely until altered or repealed by the General Assembly; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same: Section 1. That the Act of the General Assembly of Georgia, approved on the 23rd of March, 1935, entitled An Act to Provide for License and Excise Taxes upon the Business of Dealing in Malt Beverages, etc., appearing in printed Georgia Laws of 1935, pages 73 to 81 inclusive, as amended by the Act approved March 30, 1937, appearing in printed Georgia Laws of 1937, pages

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148 to 154 inclusive, and as further amended by Act approved December 13, 1937, appearing in Georgia Laws Extra Session 1937-1938, pages 173 and 174, be and the same is hereby amended by striking from said Act as amended Section 5 fixing an excise tax and a license tax or registration fee on the business of manufacturing, distributing and selling of malt beverages, 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 $4.50 for each container sold as hereinafter specified, containing not more than 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 for each twelve ounces or proportionally thereof, so as to graduate the tax on bottles or cans of various sizes. 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, nor upon sales of malt beverages sold to stores or canteens located on United States Army Posts or Reservations. There shall be paid by every brewer, wholesale dealer and retail dealer the following annual State License Tax or Registration Fees: New Sec. 5. Excise tax. License tax. For brewers $ 1,000.00 For wholesale dealers 500.00 For retail dealers 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

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business, and annually thereafter, so long as such business is operated and conducted. Section 2. That the Act of the General Assembly of Georgia, approved March 23, 1935, entitled An Act to Provide for License and Excise Taxes upon the Business of dealing in Malt Beverages, etc., appearing in printed Georgia Laws of 1935, pages 73 to 81 inclusive, as amended by Act of the General Assembly of Georgia approved December 13, 1937, appearing in printed Georgia Laws Extra Session 1937-1938, pages 173 to 174 inclusive, be and the same is hereby amended by striking and repealing Section 2 of said Act approved December 13, 1937, which provided for the continuation in force of the tax and license fees as fixed by said Act until the 30th day of June, 1939, and further providing that after said date the license and taxes as theretofore imposed by law should again become effective, and by substituting in lieu thereof the following: Sec. 2 of 1937-1938 amendment stricken. Be it further enacted that the excise taxes and license tax or registration fees as fixed by this Act shall remain in full force and effect until altered or repealed by the General Assembly. New provision. Section 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with any of the terms or provisions of this Act be and the same are hereby repealed. Approved March 24, 1939. SPECIAL TAX ON FEDERAL AGENCIES ENGAGED IN DISTRIBUTING ELECTRICITY. No. 202. An Act to provide for the special taxation by the State and by the counties, school districts, municipalities and

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other political sub-divisions of this State, authorized to impose ad valorem taxation on property, of all corporations organized under the laws of the United States and all agencies of the United States or of any State other than this State, engaged in this State in the generation, sale, or distribution of electricity, when the properties of such corporations or agencies are for any reason exempt from ad valorem taxation. Be it enacted by the General Assembly of Georgia: Section 1. The State of Georgia and the counties, school districts, municipalities and other political sub-divisions of this State which are authorized to impose ad valorem taxation on property, shall have the right to levy and collect a special occupation tax on all corporations organized under the laws of the United States and all agencies of the United States or of any State other than this State engaged in the generation, sale, or distribution of electricity in the State and in such counties, school districts, municipalities and political sub-divisions, where the property of such corporations or agencies used in such business is for any reason exempt from ad valorem taxation by such taxing bodies, in the following manner: Special occupation tax where exempt from ad valorem tax. By the 15th day of March in each year, such corporation or agency shall file with the Commissioner of Revenue of the State of Georgia a return of all its properties in this State in like manner as if the return were being made for the ad valorem taxation of said properties, and showing the allocation of the same as among the counties, school districts, municipalities, and other political sub-divisions of the State; and the said Commissioner shall value the same distributively, with right of appeal as provided in case of the valuation of intangible property by the said Commissioner. The said Commissioner shall thereupon certify the same distributively to the various counties, school districts, municipalities and other public subdivisions in which said corporation or agencies carry on said

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business, and such counties, school districts, municipalities and other political subdivisions shall have the right to levy an occupational tax upon said corporations or agencies in amount not exceeding what the ad valorem taxation would amount to, if the properties aforesaid were subject to ad valorem taxation therein, and the Commissioner of Revenue shall also collect from such corporations or agencies an occupational tax on said corporation or agencies in an amount equal to the amount that the ad valorem taxes due to the State would be if such properties were subject to ad valorem taxation, to be collected in like manner and subject to the same penalties as apply in case of other occupational or similar taxes, where the return thereof or the payment thereof is made to the said Commissioner or the Department of Revenue. Return. Valuation. Limit of tax. State tax. Section 2. Any ad valorem taxes paid on its properties to the State, county, school district, municipality or other political sub-division levying such occupational tax shall be credited on the occupational tax levied hereunder. Ad valorem payments credited. Section 3. If any portion of this Act be held to be unconstitutional or unenforceable, it shall not affect the taxation insofar as it may be possible validly to impose or enforce it. Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 18, 1939.

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TITLE IV. GOVERNMENT. ACTS. Board of Penal Corrections. Division of Confederate Pensions and Records. Housing Authorities Law Amended. Housing Authorities Bonds as Legal Investments. Housing AuthoritiesBonds Tax Exempt. Housing Authorities LawValidating Act. Housing Cooperation Law Amended. Milk Control BoardAmending Act. Prison and Parole CommissionElection of Members. Public Safety DepartmentAmending Act. State Hospital Authority. Supervisor of Purchases. Validating Act. BOARD OF PENAL CORRECTIONS. No. 232. An Act to repeal an Act creating the State Penal Administration Board; to create a State Board to be known as the Board of Penal Corrections; to provide the number of members to compose said Board, and to provide for their appointment, term of office, and compensation; to prescribe the duties and powers of said Board; to provide the effective date when this Act shall become operative; to repeal all laws in conflict with this Act; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That on and after the passage of this Act, an Act approved January 24, 1938, (Georgia Laws 1937-1938, p. 195), creating the State Penal Administration Board, providing for the number of members to compose

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said Board, their qualifications, appointment, powers and duties, and other things, be, and the same is hereby, repealed. The repealing of this law to become effective upon the appointment and qualification of the members of the Board hereinafter created by this Act. State Penal Administration Board abolished. Section 2. Be it further enacted that there is hereby created a State Board to be known as the Board of Penal Corrections, to be composed of three members to be appointed by the Governor with the approval of the Senate. Board of Penal Corrections created. Section 3. The members of said Board shall draw no salaries and shall receive no emoluments of office other than seven dollars ($7.00) per diem while actually engaged in the performance of duties as members of said Board, and actual expenses, including traveling expenses while engaged in official business of said Board. Compensation of members. Section 4. The Governor shall appoint to said Board one member whose term shall expire February 1, 1940, one member whose term shall expire February 1, 1941, and one member whose term shall expire February 1, 1942. After the first original appointments have expired, thereafter each appointment shall be for a full term of five 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 the approval of the Senate. Appointment of members. Section 5. The Board shall elect one of its members as Chairman, who shall serve at the pleasure of the Board. Said Board shall have the authority to select a Secretary for the Board who shall serve at the pleasure of the Board at such salary as may be fixed by the Board. Said Secretary shall have such powers, duties and authorities as may be delegated to him by the Board. Officers. Section 6. The said Board of Penal Corrections is hereby vested with full and complete authority, supervision

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and control over all misdemeanor and felony prisoners in the penal institutions of this State, as provided by law, except that all authority relating to the granting of parole, probation, the supervision of parolees and probationers, shall be exercised by the State Prison and Parole Commission. Said Board shall have authority to transfer misdemeanor and felony prisoners from one penal institution to any other penal institution in the State, and shall have authority to assign such convicts to serve in any of the penal institutions of the State. Authority. Section 7. The said Board of Penal Corrections is hereby authorized and empowered to establish such industry and manufacture such products as are permitted by law, to make necessary agreements and arrangements with other departments, institutions and agencies of the State and the political subdivisions thereof, pertaining to the labor and services of convicts, to make all rules and regulations pertaining to and concerning the reception, safeguarding, care, custody, employment, assignment, re-assignment, and control of all felony and misdemeanor prisoners in this State. Said Board is further authorized and empowered to hire and discharge at will, either with or without cause, all personnel necessary for the carrying out of the powers and duties imposed on said Board by this Act, including wardens, guards, or any other personnel necessary. Convict labor. Section 8. The said Board shall hold its meetings at such times and places as may be deemed necessary, and shall assemble upon the call of the Chairman of the Board or upon a written request by a majority of said Board, and a majority of said Board shall constitute a quorum to transact all business. Meetings. Section 9. Said Board shall have the 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

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of 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 it may deem proper and such as are permitted by law. Industries. Section 10. 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 and keep a strict account of any and all of such moneys and to transmit the same, less the cost of material and necessary expense of manufacture or production, at the close of each month, to the State Treasurer, where said funds shall be kept in a separate fund to be known as the Board of Penal Corrections 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 countersigned by the State Auditory and 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. Said Board shall have authority to use so much of said monies as may be necessary to pay the cost of material and the expense of production without the necessity of first transmitting such amounts to the State Treasurer. Funds from industries. Section 11. The Board of Penal Corrections shall make an annual report of its acts and doings to the Governor, and bi-ennially shall make a report of its acts and doings to the General Assembly on or before the day of the convening of the General Assembly. Reports. Section 12. All powers and duties heretofore delegated to the Penal Administration Board, which are not herein specifically mentioned in this Act, are hereby specifically delegated to the Board of Penal Corrections as fully and

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completely as the same were vested in said Penal Administration Board. Other powers. Section 13. 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 industries 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. Competition with private business prohibited. Section 14. 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. Section 15. That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved March 21, 1939. DIVISION OF CONFEDERATE PENSIONS AND RECORDS. No. 402. An Act to create a State Division of Confederate Pensions and Records; to prescribe and limit the personnel; to fix their powers and duties, and to transfer all powers and duties in connection with Confederate Pensions and Records now exercised by the State Department of Public Welfare; to limit the expense of this Division; 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. There is hereby created a State Division of Confederate Pensions and Records which shall consist of a director, a secretary and a bookkeeper. These three shall constitute the entire personnel of this Division. Personnel. Section 2. The director shall be the keeper of all the records and shall be the executive and judicial head of this Division, who shall be appointed by the Governor and shall hold office at the pleasure of the Governor, and shall have the authority to select a secretary and bookkeeper with the approval of the Governor. The salaries of all the personnel of this Division shall be fixed by the Governor. Appointment. Section 3. The expense, including salaries, of this Division shall be paid from the funds appropriated for the payment of pensions to Confederate veterans and their widows, but shall in no event exceed the sum of $6,000.00 per annum. Expense limitation. Section 4. All of those duties and powers which have heretofore devolved upon the Veterans' Service Office and the director of the Veterans' Service Office under and by virtue of Chapter 78-2 of the Code of 1933, and all those duties and powers which have heretofore devolved upon the State Department of Public Welfare under and by virtue of Chapter 99-4 of the Code of 1933, are hereby vested in the State Division of Confederate Pensions and Records, and hereafter all those functions pertaining to said ex-Confederate soldiers and sailors and their widows are hereby designated as the powers and duties of the State Division of Confederate Pensions and Records, and said Division is hereby vested with the responsibility of administering the laws and functions pertaining to said ex-Confederate soldiers and sailors and their widows. Functions and duties.

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Section 5. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 24, 1939. HOUSING AUTHORITIES LAW AMENDED. No. 241. An Act to amend an Act entitled Housing Authorities Law (Georgia Laws of 1937, pages 210-230) to re-define governing body and area of operation; to provide that the State Housing Authority Board may approve of certain projects and contracts and a proposed course of action of a housing authority; to authorize a housing authority to call upon the chief law officer of the city or county or to employ its own counsel and legal staff; and to provide that a housing authority shall not accept any person as a tenant in any housing project if such person has an annual net income in excess of five times the annual rental, except that in the case of families with three or more minor dependents such ratio shall not exceed six to one; and to provide that when condemnation proceedings are instituted and carried on by Housing Authorities under said Act of 1937, upon the payment by such Authority seeking condemnation of the amount of the award and the final judgment on appeal, that such Authority shall become vested with a fee simple indefeasible title to the property with reference to which the condemnation proceeding is instituted. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That Section 3 of an Act entitled Housing Authorities Law as the same appears in the Georgia Laws of 1937, pages 210-230, be and the same is hereby amended by striking out the word mayor in subsection (c) of said section and substituting in lieu thereof the words council,

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commission, board of aldermen or other legislative body of the city; the said section is further amended by adding to subsection (f) thereof the words and in the case of a housing authority of a county, shall include all of the county except that portion which lies within the territorial boundaries of any city; so that said section, as amended, shall read as follows: Act of 1937, Sec. 3, amended. Section 3 Definitions. The following terms, wherever used or referred to in this Act, shall have the following respective meanings, unless a different meaning clearly appears from the context: Definitions. (a) `Authority' or `Housing Authority' shall mean any of the public corporations created by Section 4 of this Act. (b) `City' shall mean any city having population of more than 5,000 inhabitants. `County' shall mean any county in the State. `The city' shall mean the particular city for which a particular housing authority is created. `The county' shall mean the particular county for which a particular housing authority is created. (c) `Governing body' shall mean, in the case of a city, the council, commission, board of aldermen or other legislative body of the city, and in the case of a county, the Ordinary, the County Commissioners or other legislative body of the county. (d) `Mayor' shall mean the Mayor of the city or the officer thereof charged with the duties customarily imposed on the Mayor or executive head of the city. (e) `Clerk' shall mean the clerk of the city or the clerk of the county, as the case may be, or the officer charged with the duties customarily imposed on such clerk. (f) `Area of Operation' in the case of a housing authority of a city, shall include such city and the area within 10 miles of the territorial boundaries thereof, but shall not include any area which lies within the territorial boundaries

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of any other city; and in the case of a housing authority of a county, shall include all of the county except that portion which lies within the territorial boundaries of any city. (g) `Federal Government' shall include the United States of America, the Federal Emergency Administration of Public Works or any other agency or instrumentality, corporate or otherwise, of the United States of America. (h) `Slum' means any area where dwellings predominate which, by reason of dilapidation, overcrowding, faulty arrangement or design, lack of ventilation, light or sanitary facilities, or any combination of these factors, are detrimental to safety, health and morals. (i) `Housing Project' shall mean any work or undertaking: (1) to demolish, clear or remove buildings from any slum area; such work or undertaking may embrace the adaptation of such area to public purposes, including parks or other recreational or community purposes; or (2) to provide decent, safe and sanitary urban or rural dwellings, apartments or other living accommodations for persons of low income; such work or undertaking may include buildings, land, equipment, facilities and other real or personal property for necessary, convenient or desirable appurtenances, streets, sewers, water service, parks, site preparation, gardening, administrative, community, health, recreational, educational, welfare or other purposes; or (3) to accomplish a combination of the foregoing. The term `housing project' also may be applied to the planning of the buildings and improvements, the acquisition of property, the demolition of existing structures, the construction, reconstruction, alteration and repair of the improvements and all other work in connection therewith. (j) `Persons of low income' shall mean persons or families who lack the amount of income which is necessary (as determined by the authority undertaking the housing project)

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to enable them, without financial assistance, to live in decent, safe and sanitary dwellings, without overcrowding. (k) `Bonds' shall mean any bonds, notes, interim certificates, debentures, or other obligations issued by the authority pursuant to this Act. (l) `Real Property' shall include all lands, including improvements and fixtures thereon, and property of any nature appurtenant thereto, or used in connection therewith, and every estate, interest and right, legal or equitable, therein, including terms for years and liens by way of judgment, mortgage or otherwise and the indebtedness secured by such liens. (m) `Obligee of the authority' or `obligee' shall include any bondholder, trustee or trustees for any bondholders, or lessor demising to the authority property used in connection with a housing project, or any assignee or assignees of such lessor's interest or any part thereof, and the Federal Government when it is a party to any contract with the authority. Section 2. Be it further enacted by the authority aforesaid, That Section 4 of said Act be and the same is hereby amended by adding to said section the words: Provided that when the said State Housing Authority Board has given its approval in writing or by resolution to any project or contracts in connection therewith, including contracts with the Federal Government for loans or annual contributions, it shall have no power thereafter to veto or disapprove such project or such contracts. Without limiting the generality of the foregoing, where the local authority has entered into contracts or entered upon a course of action which has been approved in writing or by resolution by the said State Housing Authority Board, the said State Housing Authority Board shall have no authority by any veto power or power of disapproval to prevent the local authority from carrying out such contract or course

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of action, so that said section as amended shall read as follows: Sec. 4 amended. Section 4 Creation of Housing Authorities. In each city (as herein defined) and in each county of the State there is hereby created a public body corporate and politic to be known as the `Housing Authority' of the city or county: Provided, however, that such authority shall not transact any business or exercise its powers hereunder until or unless the governing body of the city or the county, as the case may be, by proper resolution shall declare at any time hereafter that there is need for an authority to function in such city or county. The determination as to whether there is such need for an authority to function (a) may be made by the governing body on its own motion or (b) shall be made by the governing body upon the filing of a petition signed by 25 residents of the city or county, as the case may be, asserting that there is need for an authority to function in such city or county and requesting that the governing body so declare. Housing authorities. The governing body shall adopt a resolution declaring that there is need for housing authority in the city or county, as the case may be, if it shall find (a) that insanitary or unsafe inhabited dwelling accommodations exist in such city or county or (b) that there is a shortage of safe or sanitary dwelling accommodations in such city or county available to persons of low income at rentals they can afford. In determining whether dwelling accommodations are unsafe or insanitary said governing body may take into consideration the degree of overcrowding, the percentage of land coverage, the light, air, space and access available to the inhabitants of such dwelling accommodations, the size and arrangement of the rooms, the sanitary facilities, and the extent to which conditions exist in such buildings which endanger life or property by fire or other causes. Resolution. In any suit, action or proceeding involving the validity or enforcement of or relating to any contract of the authority,

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the authority shall be conclusively deemed to have become established and authorized to transact business and exercise its powers hereunder upon proof of the adoption of a resolution by the governing body declaring the need for the authority. Such resolution or resolutions shall be deemed sufficient if it declares that there is such need for an authority and finds in substantiallly the foregoing terms (no further detail being necessary) that either or both of the above enumerated conditions exist in the city or county, as the case may be. A copy of such resolution duly certified by the clerk shall be admissible in evidence in any suit, action or proceeding. Validity of contracts. There is hereby created a State Housing Authority Board consisting of five members, to-wit: The State Treasurer, State School Superintendent, Secretary of State, Chairman of the State Planning Board and the Governor as an ex-officio member. The authorities in the municipalities or counties authorized to be established under the terms of this Act shall, after the adoption of the resolution provided for herein concerning the various subject matters of this Act, shall forward a copy of said resolution to the State Housing Authority Board together with a complete analysis of the projects to be undertaken, in such manner as may be prescribed by said State Housing Authority Board and none of the local subdivisions of this authority shall be permitted to exercise any of the duties and privileges, or do any of the acts or things authorized herein, without first securing the approval of the State Housing Authority Board. No project shall be undertaken with such approval of said State Housing Authority Board and said Board shall have the right of refusal and the ultimate power to veto any act or project of any public body or local Housing Authority Board as defined in this Act. Provided that when the said State Housing Authority Board has given its approval in writing or by resolution to any project or contracts in connection therewith, including contracts with the Federal Government for loans or annual

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contributions, it shall have no power thereafter to veto or disapprove such project or such contracts. Without limiting the generality of the foregoing, where the local authority has entered into contracts or entered upon a course of action which has been approved in writing or by resolution by the said State Housing Authority Board, the said State Housing Authority Board shall have no authority by any veto power or power of disapproval to prevent the local authority from carrying out such contract or course of action. Board created. Proviso. Section 3. Be it further enacted by the authority aforesaid, That Section 5 of said Act be and the same is hereby amended by inserting the word or in the forty-eighth line of said Section, between the word county and the word may, so that said Section, as amended, shall read as follows: Sec. 5 amended. Section 5 Appointment, Qualifications and Tenure of Commissioners. When the governing body of a city adopts a resolution as aforesaid, it shall promptly notify the Mayor of such adoption. Upon receiving such notice, the Mayor, by and with the consent of the Governor, shall appoint five persons as Commissioners of the authority created for said city. When the governing body of a county adopts a resolution as aforesaid, said body, by and with the consent of the Governor, shall appoint five persons as Commissioners of the authority created for said county. The Commissioners who are first appointed shall be designated to serve for terms of one, two, three, four and five years, respectively from the date of their appointment, but thereafter Commissioners shall be appointed as aforesaid for a term of office of five years except that all vacancies shall be filled for the unexpired term. No Commissioner of an authority may be an officer or employee of the city or county for which the authority is created. A Commissioner shall hold office until his successor has been appointed and has qualified. A certificate of the appointment or re-appointment

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of any Commissioner shall be filed with the clerk and such certificate shall be conclusive evidence of the due and proper appointment of such Commissioner. A Commissioner shall receive no compensation for his services, but he shall be entitled to the necessary expenses, including traveling expenses, incurred in the discharge of his duties. Commissioners. The powers of each authority shall be vested in the Commissioners thereof in office from time to time. Three Commissioners shall constitute a quorum of the authority for the purpose of conducting its business and exercising its powers and for all other purposes. Action may be taken by the authority upon a vote of a majority of the Commissioners present, unless in any case the by-laws of the authority shall require a larger number. The Mayor (or in the case of an authority for a county, the Governor) shall designate which of the Commissioners appointed shall be the first chairman, but when the office of the chairman of the authority thereafter becomes vacant, the authority shall select a chairman from among its Commissioners. An authority shall select from among its Commissioners a vice-chairman, and it may employ a secretary (who shall be executive director), technical experts and such other officers, agents and employees, permanent and temporary, as it may require, and shall determine their qualifications, duties and compensations. For such legal services as it may require, an authority may call upon the chief law officer of the city or the county or may employ its own counsel and legal staff. An authority may delegate to one or more of its agents or employees such powers or duties as it may deem proper. Powers. Section 4. Be it further enacted by the authority aforesaid, That Section 10 of said Act be and the same is hereby amended by striking out the word aggregate in the fifteenth line of said Section, between the word an and the word annual; the said Section is further amended

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by inserting the word net in the fifteenth line of said Section, between the word annual. and the word income; the said Section is further amended by inserting the words except that in the case of families with three or more minor dependents, such ratio shall not exceed six to one in the seventeenth line of said Section, between the word persons and the word in; so that said Section, as amended, shall read as follows: Sec. 10 amended. Section 10 Rentals and Tenant Selection. In the operation or management of housing projects an authority shall at all times observe the following duties with respect to rentals and tenant selection: (a) It may rent or lease the dwelling accommodations therein only to persons of low income. (b) It may rent or lease the dwelling accommodations therein only at rentals within the financial reach of such persons of low income. (c) It may rent or lease to a tenant dwelling accommodations consisting of the number of rooms (but no greater number) which it deems necessary to provide safe and sanitary accommodations to the proposed occupants thereof, without overcrowding. (d) It shall not accept any person as a tenant in any housing project if the person or persons who would occupy the dwelling accommodations have an annual net income in excess of five times the annual rental of the quarters to be furnished such person or persons, except that in the case of families with three or more minor dependents such ratio shall not exceed six to one; in computing the rental for this purpose of selecting tenants, there shall be included in the rental the average annual cost (as determined by the authority) to the occupants, of heat, water, electricity, gas, cooking range and other necessary services or facilities, whether or not the charge for such services and facilities is in fact included in the rental. (e) It shall prohibit subletting by tenants. Rentals and tenant selection. Nothing contained in this or the preceding section shall be construed as limiting the power of an authority to vest

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in an obligee the right, in the event of a default by the authority, to take possession of a housing project or cause the appointment of a receiver thereof or acquire title thereto through foreclosure proceedings, free from all the restrictions imposed by this or the preceding section. Section 5. Be it further enacted by the authority aforesaid, That notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provision of this Act, or the application thereof to any person or circumstances, is held invalid, the remainder of the Act and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. Legislative intent. Section 6. Be it further enacted by the authority aforesaid, That in so far as the provisions of this Act are inconsistent with the provisions of any other law, the provisions of this Act shall be controlling. Section 7. Be it further enacted by the Authority aforesaid that whenever a Housing Authority is or has been created under the terms of said Act of 1937, previously referred to; and whenever it is determined by the Commissioners or other governing body of such authority to be necessary or advisable to exercise the power of eminent domain by condemning property; and whenever such condemnation proceedings are instituted and carried on under Title 36, chapter 36-1 through chapter 36-6 of the Code of Georgia of 1933, or under Title 36Chapter 36-11 of said Code, or under any amendments thereof, or through any other method of condemnation provided by law, that upon the payment by such Authority seeking condemnation of the amount of the award and final judgment on appeal such Authority shall become vested with a fee simple indefeasible title to the property to which such condemnation proceedings relate. It is hereby declared to be necessary, to enable such Authorities to exercise their franchise,

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that upon such condemnation proceedings being had, that such Housing Authorities shall become vested with fee simple indefeasible title to the property involved in such proceedings. Condemnation. Approved March 23, 1939. HOUSING AUTHORITIES BONDS AS LEGAL INVESTMENTS. No. 239. An Act to provide that bonds and other obligations issued by any public housing authority or agency in the United States, when secured by a pledge of annual contributions to be paid by the United States Government, shall be security for all public deposits, and legal investments for the State and public officers, municipal corporations, political subdivisions and public bodies, all banks, bankers, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies and other persons carrying on a banking business, all insurance companies, insurance associations and other persons carrying on an insurance business, and all executors, administrators, guardians, trustees and other fiduciaries. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That notwithstanding any restrictions on investments contained in any laws of this State, the State and all public officers, municipal corporations, political subdivisions, and public bodies, all banks, bankers, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, and other persons carrying on a banking business, all insurance companies, insurance associations and other persons carrying on an insurance business and all executors, administrators, guardians, trustees

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and other fiduciaries may legally invest any sinking funds, moneys or other funds belonging to them or within their control in any bonds or other obligations issued by a housing authority pursuant to the Housing Authorities Law (Georgia Laws of 1937, pp. 210-230) and any amendments thereto, or issued by any public housing authority or agency in the United States, when such bonds or other obligations are secured by a pledge of annual contributions to be paid by the United States Government or any agency thereof, and such bonds and other obligations shall be authorized security for all public deposits; it being the purpose of this Act to authorize any persons, firms, corporations, associations, political subdivisions, bodies and officers, public or private, to use any funds owned or controlled by them, including (but not limited to) sinking, insurance, investment, retirement, compensation, pension and trust funds, and funds held on deposit, for the purchase of any such bonds or other obligations; provided, however, that nothing contained in this Act shall be construed as relieving any person, firm, or corporation from any duty of exercising reasonable care in selecting securities. Legal investment. Secured by pledge of contributions by United States. Section 2. Be it further enacted by the authority aforesaid, That notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provision of this Act, or the application thereof to any person or circumstances is held invalid, the remainder of the Act and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. Legislative intent. Section 3. Be it further enacted by the authority aforesaid, That in so far as the provisions of this Act are inconsistent with the provisions of any other law, the provisions of this Act shall be controlling. Approved March 23, 1939.

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HOUSING AUTHORITIESBONDS TAX EXEMPT. No. 249. An Act to amend an Act approved March 30, 1937, entitled An Act to declare the necessity of creating public bodies corporate and politic to be known as Housing Authorities to undertake slum clearance and projects to provide dwelling accommodations for persons of low income; to create such housing authorities in cities having a population of more than 5,000 inhabitants and in counties; to define the powers and duties of housing authorities and to provide for the exercise of such powers, including acquiring property, borrowing money, issuing bonds and other obligations, and giving security therefor; to provide that housing authorities, their property and securities shall be exempt from taxation and assessment, but to authorize certain payments in lieu of taxes; and to confer remedies on obligees of housing authorities. To establish a State Housing Authority Board and to define its authority by adding to Section 19 thereof a provision exempting bonds to be issued by the Housing Authorities from State, county and municipal taxation and exempting the interest to be paid on said bonds from income tax or taxes of any kind and to provide that the said exemptions of the properties of the Housing Authorities and of bonds to be issued by them and interest on said bonds shall enter into and become a part of the contract between the bond holders and the Housing Authorities and the State; and for other purposes: Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that the Act of the General Assembly approved March 30, 1937, and entitled An Act to declare the necessity of creating public bodies corporate and politic to be known as Housing Authorities to undertake slum clearance and projects to provide dwelling accommodations

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for persons of low income; To create such Housing Authorities in cities having a population of more than 5,000 inhabitants and in counties; To define the powers and duties of Housing Authorities and to provide for the exercise of such powers, including acquiring property, borrowing money, issuing bonds and other obligations, and giving security therefor; to provide that Housing Authorities, their property and securities shall be exempt from taxation and assessment, but to authorize certain payments in lieu of taxes; and to confer remedies on obligees of Housing Authorities. To establish a State Housing Authority Board and to define its authority be and the same is hereby amended by adding to Section 19 of said Act the following language, to-wit: Act of 1937 amended. It is further provided that all bonds to be issued by the said Housing Authorities or any of them shall be exempt from State, County, Municipal or other taxation in the State of Georgia, and that interest on said bonds shall be exempt from income taxation or other taxation by the State of Georgia or by any political sub-division thereof and that the provisions of this Act exemption from taxation both the properties of the said Housing Authorities and the bonds and interest thereon shall constitute by virtue of this Act and without the necessity of the same being restated in said bonds, a contract between the bond holders and each and every one thereof, including all transferees of said bonds from time to time on the one hand and the respective Housing Authorities issuing said bonds and the State on the other. Tax exempt bonds. Part of contract. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 23, 1939.

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HOUSING AUTHORITIES LAWVALIDATING ACT. No. 242. An Act to declare valid and legal the establishment and organization of housing authorities, all bonds, notes, contracts, agreements, obligations and undertakings of such housing authorities, and all proceedings, Acts and things heretofore undertaken, performed or done with reference thereto. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that the establishment and organization of housing authorities under the provisions of the Housing Authorities Law (Georgia Laws of 1937, pp. 210-230), together with all proceedings, acts and things heretofore undertaken, performed or done with reference thereto, are hereby validated, ratified, confirmed, approved and declared legal in all respects, notwithstanding any defect or irregularity therein or any want of statutory authority. Proceedings under 1937 law validated. Section 2. And be it further enacted by the authority aforesaid, That all contracts, agreements, obligations and undertakings of such housing authorities heretofore entered into relating to financing or aiding in the development, construction, maintenance or operation of any housing project or projects or to obtaining aid therefor from the United States Housing Authority, including (without limiting the generality of the foregoing) loan and annual contributions contracts and leases with the United States Housing Authority, agreements with municipalities and other public bodies (including agreements which are pledged or authorized to be pledged for the protection of the holders of any notes or bonds issued by such housing authorities or which are otherwise made a part of the contract with such holders of notes or bonds) relating to cooperation and contributions in aid of housing

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projects, payments (if any) in lieu of taxes, furnishing of municipal services and facilities; and the elimination of unsafe and insanitary dwellings, and contracts for the construction of housing projects, together with all proceedings, acts and things heretofore undertaken, performed or done with reference thereto, are hereby valipated, ratified, confirmed, approved and declared legal in all respects, notwithstanding any defect or irregularity therein or any want of statutory authority. Contracts. Section 3. And be it further enacted by the authority aforesaid, That all proceedings, acts and things heretofore undertaken, performed or done in or for the authorization, issuance, execution and delivery of notes and bonds by housing authorities for the purpose of financing or aiding in the development or construction of a housing project or projects, and all notes and bonds heretofore issued by housing authorities are hereby validated, ratified, confirmed, approved and declared legal in all respects, notwithstanding any defect or irregularity therein or any want of statutory authority. Notes and bonds. Section 4. Be it further enacted by the authority aforesaid, That in so far as the provisions of this Act are inconsistent with the provisions of any other law, the provisions of this Act shall be controlling. Approved March 23, 1939. HOUSING COOPERATION LAW AMENDED. No. 240. An Act to amend an Act entitled Housing Cooperation Law (Georgia Laws of 1937, pp. 697-702) to provide for further cooperation between a State public body and a housing authority by authorizing a State public body to furnish certain services to and to make agreements with respect to the repair, closing, or demolition

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of unsafe, insanitary, or unfit dwellings with a housing authority and to purchase the bonds of a housing authority; and to provide that the State Housing Authority Board may approve of certain projects and contracts and a proposed course of action of a housing authority. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That Section 4 of an Act entitled Housing Cooperation Law as the same appears in the Georgia Laws of 1937, pp. 697-702, be and the same is hereby amended by inserting after sub-section (d) of said section, the following sub-sections: Act of 1937, Sec. 4, amended. (e) Cause services to be furnished to a housing authority of the character which such State Public Body is otherwise empowered to furnish; (f) Enter into agreements with respect to the exercise by such State Public Body of its powers relating to the repair, closing, or demolition of unsafe, insanitary, or unfit dwellings; (g) Employ (notwithstanding the provisions of any other law) any funds belonging to or within the control of such State Public Body, including funds derived from the sale or furnishing of property or facilities to a housing authority, in the purchase of the bonds or other obligations of a housing authority; and exercise all the rights of any holder of such bonds or other obligations; and redesignating sub-sections (e), (f), (g) and (h) of said section, (h), (i), (j) and (k) of said section, so that said section, as amended, shall read as follows: Section 4. Co-operation In Undertaking Housing Projects. For the purpose of aiding and cooperating in the planning, undertaking, construction or operation of housing projects located within the area in which it is authorized

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to act, any State Public Body may upon such terms, with or without consideration, as it may determine: Powers of State public body. (a) Dedicate, sell, convey or lease any of its property to a housing authority or the Federal Government; (b) Cause parks, playgrounds, recreational or community facilities, or any other works which it is otherwise empowered to undertake, to be furnished adjacent to or in connection with housing projects; (c) Furnish, dedicate, close, pave, install, grade, regrade, plan or replan streets, roads, roadways, alleys, sidewalks or other places which it is otherwise empowered to undertake; (d) Plan or replan, zone or rezone any part of such State Public Body; make exceptions from building regulations and ordinances; any city or town also may change its map; (e) Cause services to be furnished to a housing authority of the character which such State Public Body is otherwise empowered to furnish; (f) Enter into agreements with respect to the exercise by such State Public Body of its powers relating to the repair, closing, or demolition of unsafe, insanitary or unfit dwellings; (g) Employ (notwithstanding the provisions of any other law) any funds belonging to or within the control of such State Public Body, including funds derived from the sale or furnishing of property or facilities to a housing authority, in the purchase of the bonds or other obligations of a housing authority; and exercise all the rights of any holder of such bonds or other obligations; (h) Enter into agreements, (which may extend over any period, notwithstanding any provision or rule of law to the contrary) with a housing authority or the Federal

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Government respecting action to be taken by such State Public Body pursuant to any of the powers granted by this Act; and (i) Do any and all things, necessary or convenient to aid and co-operate in the planning, undertaking, construction or operation of such housing projects. (j) With respect to any housing project which a housing authority has acquired or taken over from the Federal Government and which the housing authority by resolution has found and declared to have been constructed in a manner that will promote the public interest and afford necessary safety, sanitation and other protection, no State Public Body shall require any changes to be made in the housing project or the manner of its construction or take any other action relating to such construction. (k) In connection with any public improvements made by a State Public Body in exercising the powers herein granted, such State Public Body may incur the entire expense thereof. Any law or statute to the contrary notwithstanding, any sale, conveyance, lease or agreement provided for in this section may be made by a State Public Body without appraisal, public notice, advertisement or public bidding. Section 2. Be it further enacted by the authority aforesaid, That Section 7 of said Act be and the same is hereby amended by adding at the end of said section the words Provided that when the said State Housing Authority Board has given its approval in writing or by resolution to any project or contracts in connection therewith, including contracts with the Federal Government, for loans or annual contributions, it shall have no power thereafter to veto or disapprove such project or such contracts. Without limiting the generality of the foregoing, where the local authority has entered into contracts or entered upon a course of action which has been approved

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in writing or by resolution by the said State Housing Authority Board, the said State Housing Authority Board shall have no authority by any veto power or power of disapproval to prevent the local authority from carrying out such contract or course of action, so that said section, as amended, shall read as follows: Sec. 7 amended. Section 7. Procedure for Exercising Powers. The exercise by a State Public Body of the powers herein granted may be authorized by resolution of the council or other governing body of such State Public Body adopted by a majority of the members of its council or other governing body present at a meeting of said governing body, which resolution may be adopted at the meeting at which such resolution is introduced. Such a resolution or resolutions shall take effect immediately and need not be laid over or published or posted. There is hereby created a State Housing Authority Board consisting of five members, to-wit: The State Treasurer, State School Superintendent, Secretary of State, Chairman of the State Planning Board and the Governor as an ex-officio member. The authorities in the municipalities or counties authorized to be established under the terms of this Act shall, after the adoption of the resolution provided for herein concerning the various subject matters of this Act, shall forward a copy of said resolution to the State Housing Authority Board together with a complete analysis of the projects to be undertaken, in such manner as may be prescribed by said State Housing Authority Board and none of the local subdivisions of this authority shall be permitted to exercise any of the duties and privileges, or do any of the acts or things authorized herein, without first securing the approval of the State Housing Authority Board. No project shall be undertaken without such approval of said State Housing Authority Board and said Board shall have the right of refusal and the ultimate power to veto any act or project of any public body or local Housing Authority Board as defined in

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this Act. Provided that when the said State Housing Authority Board has given its approval in writing or by resolution to any project or contracts in connection therewith, including contracts with the Federal Government for loans or annual contributions, it shall have no power thereafter to veto or disapprove such project or such contracts. Without limiting the generality of the foregoing, where the local authority has entered into contracts or entered upon a course of action which has been approved in writing or by resolution by the said State Housing Authority Board, the said State Housing Authority Board shall have no authority by any veto power or power of disapproval to prevent the local authority from carrying out such contract or course of action. Procedure. State Housing Authority Board. Section 3. Be it further enacted by the authority aforesaid, That notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provision of this Act, or the application thereof to any person or circumstances, is held invalid, the remainder of the Act and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. Legislative intent. Section 4. Be it further enacted by the authority aforesaid, That insofar as the provisions of this Act are inconsistent with the provisions of any other law, the provisions of this Act shall be controlling. Approved March 23, 1939. MILK CONTROL BOARDAMENDING ACT. No. 196. An Act to amend the Act creating and establishing the Milk Control Board approved March 30, 1937 so as to strike Section 3 of said Act creating the Milk Control

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Board and inserting in lieu thereof a new section to be known as Section 3 by which the membership and qualifications of said Board are changed and by which said Act is amended by adding to Section 19, a paragraph to be known as sub-section (f) provided for notice to be given of any change in the price of milk. Be it enacted by the General Assembly of Georgia as follows: Section 1. That Section 3 of the Act entitled An Act to declare an Emergency concerning the production, distribution and sale of milk, to define milk, to regulate the distribution and sale thereof, to create and establish the Milk Control Board, and for other purposes, be amended by striking Section 3 of said Act in its entirety and inserting in lieu thereof a new section to be known as Section 3 to read as follows: Act of 1937, sec. 3, amended. Section 3. Milk Control Board. There is hereby created a Milk Control Board to consist of seven (7) members. The membership of the Board shall be maintained to include two producers; two producers-distributors, one of whom shall be a member of a co-operative marketing association; one distributor; one consumer, and one store licensee. The members of the Board shall be appointed by and shall serve at the pleasure of the Governor and not more than two members of said Board shall be appointed from any one Congressional District of the State. Each appointed member shall be paid from the Milk Control Fund Six Dollars ($6.00) for each day actually engaged in official functions of the Board plus subsistence and necessary traveling expenses. Personnel of Milk Control Board. Compensation. Section 2. That Section 19 of said Act as aforesaid be amended by adding to said section a sub-section to be known as Sub-section F as following: Sec. 19 amended. (f) The Board shall give notice to each licensee affected thereby of any price change at least ten days prior to the time said price change becomes effective. Notice of price change.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 17, 1939. PRISON AND PAROLE COMMISSIONELECTION OF MEMBERS. No. 219. An Act to amend an Act approved February 3, 1938, Georgia Laws 1937-1938, Extraordinary Session, page 200 et seq; to provide for the election of the members of the State Prison and Parole Commission of the State of Georgia; to provide that the Governor of the State of Georgia shall have the power to fix the expiration date for term of each of the present members of said commission; to fix their terms of office; to provide for an interim appointment of said members by the Governor; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That Section 2 of the Acts of 1937-38, Extraordinary Session, Georgia Laws 1937-38, page 200 et seq. be and the same is hereby amended by striking from said Act Section Two in its entirety and substituting in lieu thereof the following: Act of 1937-1938 amended. The State Prison and Parole Commission shall be composed of three members who shall be elected by the qualified voters of the State of Georgia and whose terms of office shall be for a period of six years. One of said members shall be elected at the general election held in 1940, and one at the general election to be held in 1942, and one in the general election to be held in 1944. The term of office for each member thus elected shall be for

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six years, commencing on the first day of January following such election. A successor to each member of the commission shall be elected in the general election next before the term of office expires. The present members of the Prison and Parole Commission shall serve until their successors are elected as herein provided. The Governor shall fix the expiration date for the term of each of the present members of said commission, so that the term of one of said members shall expire December 31, 1940, and one on December 31, 1942, and one December 31, 1944. The Governor, by and with the consent of the Senate, shall name one member of said commission as Chairman, whose term as such Chairman shall run concurrently with his membership on said commission. The said Chairman shall be the executive director of said commission and shall exercise the administrative powers of the commission when the same is not in session, and direct generally the administration of the laws, rules and regulations of the Prison and Parole Commission. Election of members. Chairman. Powers and duties. Section 2. All vacancies from any cause on said commission shall be filled by appointment by the Governor, subject to the approval of the Senate. Vacancies. Section 3. This Act shall become effective immediately upon the approval by the Governor. Section 4. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 18, 1939. PUBLIC SAFETY DEPARTMENTAMENDING ACT. No. 197. An Act to amend an Act entitled an Act to create a Department of Public Safety for Georgia, etc., approved March 19, 1937 (Georgia Laws 1937, pages 322-355),

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by providing for additional members of the Georgia State Patrol; by providing compensation scales for patrol members; by providing for promotions and regulations and rules governing the same; by prohibiting officers and employees of the Department of Public Safety from participating in political campaigns and providing penalties therefor; by providing for annual licenses; by providing for annual as well as two year licenses; by providing an appropriation for the Department of Public Safety; by making provision in reference to chauffeur's licenses; by fixing classifications and groups relative to licenses; by granting authority to the Commissioner of Public Safety in connection with the revocation and suspension of licenses; by providing a minimum fine for operation of a motor vehicle without a license; to provide for reports of violations of laws; by defining terms used in the Act; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Subsection 2 of Section 2 of Article 2 of the Act creating the Public Safety Department (Georgia Laws 1937, pages 322-355) be and the same is hereby amended by striking from the said subsection the words and figures one hundred and twenty (120) and substituting in lieu thereof the words and figures two hundred, and by adding at the end of said subsection the following language: Act of 1937 amended. Said salaries to be increased by the Commissioner of Public Safety, with the approval of the Department of Public Safety, not more than five (5%) per cent. annually, for the first five years of enlistment; said five (5%) per cent. to be figured on base pay as set forth in this Act, provided, however, the said salaries shall be maintained within the appropriation made by law; so that the said subsection 2 of Section 2 of Article 2 of the Act creating the Public Safety Department (Georgia

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Laws 1937, pages 322-355) when amended shall read as follows: (2) One troop composed of not less than eighty (80) men, which may be increased by the Commissioner of Public Safety, with the approval of the Department of Public Safety, to not more than two hundred (200) members, within the appropriation made by law, which troop as first constituted shall be composed of the following personnel with annual salaries herein stated, payable monthly: Additional members. One Captain at $2,400.00 per year. Salaries. Two First Lieutenants at $2,000.00 per year each. One first sergeant with rank of sergeant-major at $1,-800.00 per year. One staff sergeant at $1,600.00 per year. Three sergeants at $1,500 per year each. Three corporals at $1,400.00 per year each. Four troopers first class at $1,300.00 per year each. Sixty-five troopers second class at $1,200.00 per year each. Said salaries to be increased by the Commissioner of Public Safety, with the approval of the Department of Public Safety, not more than five (5%) per cent. annually, for the first five years of enlistment; said five (5%) per cent. to be figured on base pay as set forth in this Act, provided, however, the said salaries shall be maintained within the appropriation made by law. Salary increase. Section 2. Subsection 5 of Section 2 of Article 2 of the said Act relating to recruits, salary recruits, control recruits and vacancies to be filled by recruits be and the same is hereby stricken in its entirety and a new Section substituted in lieu thereof so that subsection 3 of Section 2 of Article 2 of said Public Safety Department Act when amended will read as follows: In addition to the above officers, non-commissioned officers, and troopers, the Commissioner of Public Safety,

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with the approval of the Department of Public Safety, is authorized to make such promotions as may be necessary, from time to time, to provide a sufficient number of non-commissioned officers for the State Patrol. Promotions to provide non-commissioned officers. Section 3. Section 6 of Article 2 of the said Public Safety Department Act be and the same is hereby amended by striking therefrom the following language: Each member of the Uniform Division of the Department of Public Safety, except the Commissioner and Deputy Commissioner, shall receive an annual increase in salary of one Hundred ($100.00) Dollars per year for each period of reenlistment after the first period, until an aggregate increase of Three Hundred ($300.00) Dollars per year shall be reached, when no further increase shall be allowed. Provision for annual salary increase stricken. Section 4. Section 4 of Article 2 of the said Act creating the Public Safety Department be and the same is hereby amended by striking the said Section 4 in its entirety and by substituting a new Section 4 of Article 2 so that section 4 of Article 2 as amended, will read as follows: Any officer or trooper of the Uniform Division of the Department of Public Safety shall be eligible for promotion to a higher rank in the Georgia State Patrol, but before being eligible for such promotion, he must have served for a period of at least eighteen months as a member of said Uniform Division. Requirement for promotion. Section 5. Section 3 of Article 2 of the said Public Safety Department Act be and the same is hereby amended by adding the following language immediately at the end of said Section 3: No person in the employ of the Department of Public Safety shall take any part in the management, affairs, or political campaign of any candidate for public office except he shall have a right as a citizen to express his opinion and to cast his vote. No person in the employ

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of the Department of Public Safety shall, either directly or indirectly, contribute any money or other thing of value to any person, organization or committee for political campaign or election in County or State primaries or General Elections. Any employee of the Department of Public Safety convicted of violation of this section shall terminate his connection with the department. Participation in political campaigns prohibited. Section 6. Section 5 of Article 4 of the said Public Safety Department Act relating to license expiration and forms, be and the same is hereby striken in its entirety and a new section 5 substituted in lieu thereof so that Section 5 of Article 4 of the said Act, as amended, will read as follows: Be it further enacted that the expiration date of all licenses, as first issued under this Act, shall be June 30, 1939; all licenses issued after the expiration date, shall expire on the 30th day of June each year thereafter; provided that any license granted not more than sixty days before the nearest annual expiration date shall be valid until the following expiration date. It is further provided that in the event any license is suspended, revoked, or cancelled for cause, that the applicant shall not be entitled to the return of any application or examination fee. Any person, so desiring, may apply for a two year license which shall expire on the 30th day of June each two years, provided that the fee, in such case, will be equivalent to two one year licenses, and provided that no part of the fee shall be returned to the applicant if for any reason the applicant should cease using said license. Expiration of drivers licenses. Section 7. Section 1 of Article 5 of the said Public Safety Department Act be and the same is hereby amended by striking from the said Section the following words, and for all subsequent years until changed by law wherever the same appear in the said Section and by adding directly after the figures 350,000.00 in Section 1 of Article 5, the following language: For the year 1939 and for all

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subsequent years, until changed by law, the entire proceeds from the drivers license shall be used for the operation of the public Safety Department less the amount specified by law for cost of collection. Proceeds of licenses to be used for operation. Section 8. Section 6 of Article 4 of the said Public Safety Department Act be and the same is hereby amended by striking therefrom the following language: The applicant for a public chauffeur's license under this Act shall pay a fee of $2.00 when the application is filed, which shall include the examination fee, and such applicant for a chauffeur's license shall be furnished with a written permit and also a distinctive badge to be worn at all times while operating a motor vehicle upon the public roads or highways in this State, or upon the public streets of any incorporated village, town or city. The fee so paid shall include the cost of the badge, and by substituting in lieu thereof the following language: The applicant for a public chauffeur's license under this Act shall pay a fee of $2.00 when the application is filed, which shall include the examination fee, and such applicant for a chauffeur's license shall be furnished with a written permit which shall authorize him to operate a motor vehicle upon the public roads or highways in this State or upon the public streets of any incorporated village, town or city. Chauffeur's license. Section 9. Subsection 2 of Section 1 of Article 4 of the said Public Safety Department Act relating to motor vehicles engaged in farming be and the same is hereby striken in its entirety and a new subsection 2 of Section 1 of Article 5 be substituted in lieu thereof so that the said subsection 2 as amended will read as follows: (2) Any person driving or operating a farm tractor or implement, temporarily operated or moved on the highway and not used for the purpose of hauling farm product to market. Farm tractors.

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Section 10. Subsections a, b, and c of subsection 3 of Section 2 of Article 4 of the said Public Safety Department Act be and the same are hereby striken in their entirety and new subsections a, b, and c of subsection 3 of Section 2 of Article 4 are substituted in lieu thereof so that, when amended, the said subsections will read as follows: Art. 4, Sec. 2, subsection 3new subsections. (a) Who is employed by another for the principal purpose of driving a motor vehicle, (b) Every person who drives a school bus transporting school children, (c) Every person who drives any motor vehicle when in use for the transportation of persons or property for compensation. Section 2 of Article 4 of the said Public Safety Department Act be and the same is hereby amended by adding the following language at the end of the said section 2 of Article 4: The Commissioner may in his discretion revoke the license of any operator or chauffeur upon receiving the record of such operator's or chauffeur's conviction of any of the following offenses: Revocation of license of various offenses. (1) Manslaughter (or negligent homicide) resulting from the operation of a motor vehicle, (2) Driving a motor vehicle while under the influence of intoxicants or drugs, (3) Any felony in the commission of which a motor vehicle is used, (4) Failure to stop and render aid as required under the laws of this State in the event of a motor vehicle accident resulting in the death or personal injury of another, or leaving the scene of an accident as specified by the law of this State, (5) Perjury or the making of a false affidavit or statement under oath to the Department under this Act or under any other law relating to the ownership or operation of motor vehicles, (6) Conviction,

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or forfeiture of bail, not vacated, upon three charges of violation of the motor vehicle laws of this State within a period of twelve months, provided that this shall not include violations which do not affect the safety of human life or limb on the streets or highways of this State. Section 11. Subsection 1 of Section 1 of Article 4 of the said Public Safety Department Act be and the same is hereby amended by adding directly at the end of the first paragraph of the said subsection the following language: Provided, however, that an obligatory minimum fine of Five ($5.00) Dollars shall be assessed upon every person guilty of operating a motor vehicle without a license to operate the same unless otherwise exempt by law. Minimum fine. Section 12. Subsection 4 of Section 13 of Article 4 of the said Public Safety Department Act be and the same is hereby amended by striking therefrom the second and third paragraphs of the said subsection 4 relating to transcripts and copies and by substituting in lieu thereof two new paragraphs to read as follows: The clerks of the courts of this State shall furnish to the Department of Public Safety a report of each case involving an offense under the provisions of this Act on a form to be furnished by the Department of Public Safety and the said Department of Public Safety shall pay to the clerk furnishing the same the sum of twenty-five (25) for each report. Court clerks to furnish reports. As each application is received by the Department of Public Safety and a license is issued, an exact copy of the application, with the date the license is issued, shall be retained in the office of the Department and any information on said application shall be furnished without cost, to the sheriff of any county or to the mayor of any incorporated city, and the Department shall make provisions

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to have this information available twenty-four hours a day. Information on license application available to mayors and sheriffs. Section 13. Subsection 6 of Section 15 of Article 4 of the said Public Safety Department Act be and the same is hereby amended by striking from the said subsection the words therein, without being the holder of a license, so that the said subsection 6 of Section 15 of Article 4 of the said Act, when amended, will read as follows: Art. 4, Sec. 15, subsection 6, amended. (6) For any person to knowingly permit his child or ward under the age of 16 years to operate a motor vehicle upon the public roads or highways in this State or upon the public streets of any incorporated village, town or city. Section 14. Section 16 of Article 4 of the said Public Safety Department Act be and the same shall be amended by striking therefrom the following language: Art. 4, Sec. 16, amended. It shall be the duty of the Department of Public Safety or whatever authorities are vested with the duty of examination of applicants or issuing driver's license to maintain in every county facilities for the issuance of such licenses or permits. Section 15. Section 10 of Article 4 of the said Public Safety Department Act be and the same is hereby amended by adding at the end thereof the following language. The words `suspension', `revocation', and `Cancellation' are defined, for the purpose of this Act, as follows: Definitions. (a) Suspension means that the licensee's privilege to drive a motor vehicle is temporarily withdrawn, (b) Revocation means that the licensee's privilege to drive a motor vehicle is terminated. A new license may be obtained only as permitted in this Act, (c) cancellation means that the license which was issued through error or fraud is declared void and terminated. A new license may be obtained only as provided in this Act.

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Section 16. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 17, 1939. STATE HOSPITAL AUTHORITY. No. 1. An Act creating the State Hospital Authority; authorizing the Authority to construct, operate and maintain self-liquidating projects embracing hospitals, sanitoriums, dormitories and housing accommodations and utilities and other facilities in connection therewith, at institutions under the control or supervision of the State Board of Public Welfare or any other State Agency or Department; conferring powers and imposing duties on the Authority; authorizing the issuance of revenue bonds of the Authority, payable solely from earnings and revenues, to pay the cost of such projects; providing for the collection and for the pledging of revenues and other charges for the payment of such bonds and for the cost of maintenance, operation and repair of the projects; authorizing the execution of trust indentures to secure the payment of such bonds and defining the rights of the holders of such bonds; providing that no debt of the State shall be incurred in the exercise of any of the powers granted by this Act; making such bonds legal investments and also exempt from taxation; providing for condemnation; authorizing the issuance of revenue refunding bonds; fixing the venue or jurisdiction of actions relating to any provisions of this Act and the time within which such action must be brought; providing for the separate enactment of each provision of this Act; and repealing all laws and parts of laws in conflict with the provisions of this Act and for other purposes. Whereas, it is necessary to provide additional buildings and improvements at institutions under the control and

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supervision of the State Board of Public Welfare or any other State Agency or Department in order that proper facilities may be provided at such institutions; and Whereas, it is advisable to finance the construction of such buildings and improvements as self-liquidating projects, without creating any debt of the State, by the issuance of revenue bonds of the Authority. Be it therefore enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. Short Title. This Act may be cited as the State Hospital Authority Act. Section 2. State Hospital Authority. There is hereby created a body corporate and politic to be known as the State Hospital Authority, which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, and by that name, style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The Authority shall consist of three members to be appointed by the Governor, each of whom shall be a resident of the State of Georgia at the time of his appointment. Provided, however, that at no time shall any member of the Authority during his incumbency as such member, be a member of the State Board of Public Welfare. The original appointments shall be made in such manner that the term of one member shall expire on July 1, 1942, the term of another member shall expire on July 1, 1944, and the term of the remaining member shall expire on July 1, 1946. Their successors shall be appointed for terms of four years from the dates of expiration of their respective terms of office, except that any person appointed to fill a vacancy shall serve only for the unexpired term, and any member of the Authority shall be eligible for reappointment. Immediately after such appointments, the members of the Authority shall enter upon their duties.

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The Authority shall elect one of its members as Chairman and another as Vice Chairman and shall also elect a Secretary and Treasurer who may not necessarily be a member of the Authority. Two members of the Authority shall constitute a quorum. No vacancy in the Authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the Authority. The members of the Authority shall not be entitled to compensation for their services but shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The Authority shall make necessary rules and regulations for its own government. The Authority may delegate to one or more of its members, or to its officers, agents and employees such powers and duties as it may deem proper. Said Authority shall have perpetual existence. State Hospital Authority created. Appointment of members. Section 3. Definitions. As used in this Act, the following words and terms shall have the following meanings: Definitions. (a) The word Authority shall mean the State Hospital Authority created by Section 2 of this Act. (b) The word project shall be deemed to include hospitals, sanitoriums, dormitories and housing accommodations for the use of patients and officers and employees of any institution under the control of the State Board of Public Welfare or any other State Agency or Department, and all utilities and other facilities deemed by the Authority necessary or convenient for the efficient operation of any such hospital, sanitorium, dormitory, or housing accommodation. (c) The term cost of the project shall embrace the cost of construction, the cost of all lands, properties, rights, easements and franchises acquired, the cost of all machinery and equipment, financing charges, interest prior to and during construction, and for one year after completion of construction, cost of engineering, architectural and legal expenses, and of plans and specifications, and other expenses

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necessary or incident to determining the feasibility or practicability of the project, administrative expense, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense heretofore incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and shall be paid or reimbursed out of the proceeds of revenue bonds issued under the provisions of this Act for such project. (d) Any project shall be deemed self-liquidating if, in the judgment of the Authority, the revenues and earnings thereof will be sufficient to pay the cost of maintaining, repairing and operating the project and to pay the principal and interest of revenue bonds which may be issued for the cost of such project. Section 4. Powers of Authority. The Authority shall have powers: Powers. (1) to have a seal and alter the same at pleasure; (2) to acquire, hold and dispose of personal property for its corporate purposes; (3) to acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with and subject to the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights or easements therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the

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authority of this Act, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceeding as may be just to the Authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem such lien or encumbrance in full; and if the Authority shall deem it expedient to construct any project on lands the title to to which shall then be in the State of Georgia, the Governor is hereby authorized to convey, for and in behalf of the State, title to such lands to the Authority upon payment to the State Treasurer for the credit of the sinking fund of the State of the reasonable value of such lands such value to be determined by three appraisers to be agreed upon by the Governor and the Chairman of the Authority; (4) to appoint and select officers, agents and employees, including engineering, architectural and construction experts and attorneys, and fix their compensation; (5) to make contracts, and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and any and all departments or agencies of the State are hereby authorized to enter into leases or agreements with the Authority upon such terms and for such purposes as they deem advisable; (6) to construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage self-liquidating projects, as hereinabove defined, to be located on property owned by the Authority, the cost of any such project to be paid solely from the proceeds of revenue bonds of the Authority or from such proceeds and

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any grant from the United States of America or any agency or instrumentality thereof; (7) to accept loans and/or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, including the Reconstruction Finance Corporation, upon such terms and conditions as the United States of America or such agency or instrumentality, including the Reconstruction Finance Corporation, may impose; (8) to borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from earnings of such projects, and to provide for the payment of the same and for the rights of the holders thereof; (9) to exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the constitution and laws of this State; and (10) to do all things necessary or convenient to carry out the powers expressly given in this Act. Section 5. Revenue Bonds. The Authority shall have power and is hereby authorized at one time or from time to time to provide by resolution for the issuance of negotiable revenue bonds, but in no event to exceed the total sum of three million dollars, of the Authority for the purpose of paying all or any part of the cost as hereinabove defined of any one or more projects at any institution under the control of the State Board of Public Welfare or any other State Agency or Department. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding four and one-quarter per cent per annum, payable semi-annually, shall mature at such time or times not exceeding thirty years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority,

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and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupons shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the Chairman of the Authority and the official seal of the Authority shall be affixed thereto and attested by the Secretary-Treasurer of the Authority and any coupons attached thereto shall bear the facsimile signature of the Chairman of the Authority. Any coupon may bear the facsimile signature of such person and any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such bond shall be duly authorized or hold the proper office, although at the date of such bond such persons may not have been so authorized or shall not have held such office. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments law of the State. Such bonds and the income thereof shall be exempt from all taxation within the State. The bonds may be issued in coupon or in registered form, or both, as the Authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest. The Authority may sell such bonds in such manner and for such price as it may determine

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to be for the best interests of the Authority, but no such sale shall be made at a price so low as to require the payment of interest on the money received therefor at more than four and one-quarter per cent per annum, computed with relation to the absolute maturity of the bonds in accordance with standard tables of bond values excluding, however, from such computation the amount of any premium to be paid on redemption of any bond prior to maturity. The proceeds of such bonds shall be used solely for the payment of the cost of the project of projects, and shall be disbursed upon requisition or order of the Chairman of the Authority under such restrictions, if any, as the resolution authorizing the issuance of the bonds or the trust indenture hereinafter mentioned may provide. If the proceeds of such bonds, by error of calculation or otherwise, shall be less than the cost of the project or projects, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of such deficit, which unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into the fund hereinafter provided for the payment of principal and interest of such bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those

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proceedings, conditions and things which are specified or required by this Act. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of paying the cost of any one or more projects at any one institution. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of its members. Revenue bonds. Proceeds of bonds. Section 6. Credit of State Not Pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the State of Georgia or a pledge of the faith and credit of the State, but such bonds shall be payable solely from the fund hereinafter provided therefor from earnings, and the issuance of such revenue bonds shall not directly or indirectly or contingently obligate the State to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. Neither the State nor the Authority shall be obligated to pay the principal of or the interest on such revenue bonds except from earnings of the project or projects for which they shall be issued. All such revenue bonds shall contain recitals on their face covering the foregoing provisions of this section. Bonds not debt of State. Section 7. Trust Funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues and earnings, shall be deemed to be trust funds, to be held and applied solely as provided in this Act. The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds and the earnings and revenues to be received to any officer who or any agency, bank or trust company, which shall act as trustee of such funds and shall hold and apply the same to

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the purposes hereof, subject to such regulations as this Act and such resolution or trust indenture may provide. Trust funds. Section 8. Trust Indenture. In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign revenues and earnings to be received. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insurance of the project, and the custody, safeguarding and application of all moneys, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority and satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given by contractors and by any depositary of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depositary and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may

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deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project or projects affected by such indenture. Trust indenture. Protection of bondholders. Section 9. Revenues and Earnings. The Authority is hereby authorized to fix and to revise from time to time fees, rentals and other charges for the use of each project and for the services and facilities furnished by the same and to charge and collect the same and to lease and to make contracts with any agency or Department of the State with respect to the use of any project or part thereof. Such rentals and other charges shall be so fixed and adjusted in respect of the aggregate thereof from the project or projects for which a single issue of revenue bonds is issued, as to provide a fund sufficient with other revenues of such project or projects, if any, to pay (a) the cost of maintaining, repairing and operating the project or projects, including reserves for extraordinary repairs and insurance, and other reserves required by the resolution or trust indenture, unless such cost shall be otherwise provided for, which cost shall be deemed to include the expenses incurred by the Authority on account of the project or projects for water, light, sewer and other services furnished by other facilities at such institution, and (b) the principal of the revenue bonds and the interest thereon as the same shall become due. The revenues and earnings derived from the project or projects for which a single issue of bonds is issued, except such part thereof as may be required to pay the cost of maintaining, repairing and operating the project or projects, and to provide such reserves therefor as may be provided for in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, shall be set aside at such regular intervals as may be provided in such resolution or such trust indenture in a sinking fund which is hereby pledged to, and charged with the payment of, (1) the interest upon such revenue bonds as such interest

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shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as herein-above provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the revenue bonds of the trust indenture, any moneys in such sinking fund in excess of an amount equal to one year's interest on all revenue bonds then outstanding may be applied to the purchase or redemption of bonds. All revenue bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued. Fees, rentals, etc. Use of revenues. Sinking fund. It shall be the duty of the Authority to prescribe rules and regulations for the operation of each project constructed under the provisions of this Act, including rules and regulations to insure maximum occupancy of each such project, and to impose rentals and other charges for the use of the facilities furnished by such project and to collect the same from all persons served thereby or from those responsible for their support or their guardians, trustees, or other legal representatives. Section 10. Remedies. Any holder of revenue bonds issued under the provisions of this Act, or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights

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under the laws of the State of Georgia or granted here-under or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues and other charges for the use of the project or projects. But no holder of any such bond shall have the right to compel any exercise of the taxing power of the State to pay any such bond or the interest thereon, or to enforce the payment thereof against any property of the State, nor shall any such bond constitute a charge, lien or encumbrance, legal or equitable, upon any property of the State. Remedies of bondholders. Section 11. Contributions. The Authority, in addition to the moneys which may be received from the sale of revenue bonds and from the collection of revenues and earnings derived under the provisions of this Act, shall have authority to accept from any Federal agency grants for or in aid of the construction of any project or for the payment of bonds, and to receive and accept contributions from any source of either money or property or other things of value to be held, used and applied only for the purposes for which such grants or contributions may be made. Grants by Federal agencies. Other sources. Section 12. Revenue Refunding Bonds. The Authority is hereby authorized to provide by resolution for the issue of revenue refunding bonds of the Authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act in so far as the same may be applicable. Refunding bonds.

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Section 13. Legal Investment and Security for Deposits. The bonds are hereby made securities in which all public officers and bodies of this State and all municipalities and all municipal subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks and savings associations, including savings and loan associations, building and loan associations, investment companies and other persons carrying on a banking business, all administrators, guardians, executors, trustees and other fiduciaries and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the State may properly and legally invest funds including capital in their control or belonging to them. The bonds are also hereby made securities which may be deposited with and shall be received by all public officers and bodies of this State and all municipalities and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of this State is now or may hereafter be authorized. Legal investment. Section 14. Governmental Function. It is hereby found, determined and declared that the creation of the Authority and the carrying out of its corporate purpose is in all respects for the benefit of the people of this State and is a public purpose and that the Authority will be performing an essential governmental function in the exercise of the power conferred upon it by this Act and this State covenants with the holders of the bonds that the Authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession or supervision or upon its activities in the operation or maintenance of the buildings erected or acquired by it or any fees, rentals or other charges for the use of such buildings or other income received by the Authority and that the bonds of the Authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the State. Tax exempt.

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Section 15. Limitations of Actions. Upon the passage of a resolution providing for the issuance of revenue bonds under the provisions of this Act, the Authority may, in its discretion, cause to be published once in each of two consecutive weeks in at least two newspapers published and having a general circulation in the City of Atlanta, a notice in substantially the following form (the blanks being first properly filled in): Notice of bond issue. The State Hospital Authority on the..... day of....., 19....., passed a resolution providing for the issuance of $..... Revenue Bonds of the Authority for the purpose of financing the construction of....., such Revenue Bonds being payable solely from the revenues of such project. Any action or proceeding questioning the validity of said resolution or said Revenue Bonds must be commenced within twenty days after the first publication of this notice. ..... Chairman of the State Hospital Authority. Any action or proceeding in any court to set aside a resolution providing for the issuance of revenue bonds under the provisions of this Act or to contest the validity of any such revenue bonds or of the trust indenture, if any, to the same, must be commenced within twenty days after the first publication of the above mentioned notice. After the expiration of such period of limitation, no right of action or defense founded upon the invalidity of the resolution or the trust indenture, if any, or of the revenue bonds, shall be asserted, nor shall the validity of such resolution, trust indenture or bonds be open to question in any court upon any ground whatever, except in an action or proceeding commenced within such period. Limitation of actions. Any such action and any action to protect or enforce any rights under the provisions of this Act shall be brought in

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the Fulton Superior Court, which shall have exclusive original jurisdiction of such actions. Section 16. Powers not Impaired. While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents or of the State Board of Public Welfare or of any other State agency or department shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, and no other entity, departments, agency or authority will be created which will compete with the Authority to such an extent as to affect adversely the interests and rights of the holders of such bonds, nor will the State itself so compete with the Authority. The provisions of this Act shall be for the benefit of the State, the Authority and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. Interests of bondholders protected. Section 17. Act Liberally Construed. This Act, being necessary for the welfare of the State and its inhabitants, shall be liberally construed to effect the purposes hereof. Liberal construction. Section 18. Constitutional Construction. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Section 19. Alternative Method. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing. Section 20. All laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved February 1, 1939.

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SUPERVISOR OF PURCHASES. No. 310. An Act to amend an Act approved March 29, 1937 (Georgia Laws, 1937, pp. 503-515), entitled An Act to amend Chapter 40-19 of the 1933 Code, known as the Chapter creating the Supervisor of Purchases within the Executive Department by amending Section 40-1901 changing the amount of salary therein and by amending Section 40-1902 of said Chapter known as duties of Supervisor of Purchases by striking said section in its entirety and inserting in lieu thereof other sections; prescribing the duties and authority of the Supervisor of Purchases, prohibiting any interference with the printing of the reports of the Supreme Court and the Court of Appeals as defined in 90-2 of the 1933 Code of Georgia, creating a State Purchasing Board prescribing its duties and powers, requiring departments, institutions and agencies of the State to furnish estimates and inventories of supplies, materials and equipment needed to the Supervisor of Purchases as and when requested to do so; requiring compilation and consolidation of estimates and inventories by the Supervisor of Purchases; authorizing the purchase by contract under sealed bids after proper advertisement of supplies, materials and equipment needed by the different departments, boards and institutions of State; providing the ways in which contracts shall be advertised and let; authorizing the requirement of bonds or certified checks to accompany bids by the seller; prescribing the manner in which bids shall be opened; requiring the Supervisor of Purchases to certify source of supplies and the contract price to the different institutions, agents and departments of State; requiring requisition to be made by the departments of State upon the Supervisor of Purchases for needed supplies, materials and equipment; authorizing the purchase of

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perishable goods, technical instruments and minor supplies by the different departments, institutions and agencies of State; and providing the manner in which said purchase shall be made; providing for the purchase in open market of necessary emergency supplies, materials and equipment; making contracts entered into other than as herein provided void; providing for the use of Georgia products when and where practicable; providing for the adoption, modification or abrogation of rules and regulations to execute the terms of this Act; making it unlawful for interested parties, employees, assistants or members of the State Purchasing Board to give or accept anything of value to induce or prevent a contract under this Act; to fix penalties for violations of this Act; to authorize the Supervisor of Purchases to appoint clerical help, assistants and employees and fix their salaries; requiring the State Supervisor of Purchases to obtain needed supplies from the State Prison Commission when available; to provide a saving clause; and to provide for the repeal of all laws in conflict with this Act; and for other purposes, so as to provide that the office of Supervisor of Purchases shall be a separate and distinct agency of the State; to provide for his appointment, salary, and term of office, and to require that he give a suitable bond; to abolish the State Purchasing Board and transfer all its rights, powers, and duties to the Supervisor of Purchases; to further define the rights, powers, and duties of the Supervisor of Purchases; by striking section 6 of said Act, which said Section relates to estimates of supplies, advertisement and bids, and enacting in lieu thereof a new Section 6, regulating bids, providing for estimates and proper advertisement and publication, providing for proper records, and providing for certification of the sources of supplies and contract price by the Supervisor of Purchases to the various departments of the State; to abolish the standardization

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committee and transfer all its rights, powers, and duties to the Supervisor of Purchases; by striking Section 17 of said Act, relating to employees, and enacting in lieu thereof a new section 17, so as to provide for the employment of persons to assist the Supervisor of Purchases, and to prohibit the employment of any person by and other agency of the State for such purposes; to require all State agencies or departments to attach delivery receipt and copy of purchase order to each invoice paid, and to prescribe the duties of the State Auditor with reference thereto; to provide for the establishment and maintenance of storage warehouses; to provide for an appropriation for the Supervisor of Purchases, and the method of its repayment; to provide for assessments against and the payment thereof by the various boards, bureaus, departments and agencies of the State; so as to provide a proper letter, proposal and affidavit to be used in receiving or soliciting certain bids by the Supervisor of Purchases or by any Board, Department, Agency or Bureau of this State or by any person in behalf of any board, Department, Agency or Bureau of this State; so as to provide for a penalty against bidders making false affidavits; to prohibit the payment of a commission, fee, gratuity or other thing of value to any employee or official of the State; to provide that no person or persons may make purchases through the Supervisor of Purchases for personal use or gain; to provide penalties for violation of the provisions of this Act; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: That an Act approved March 29, 1937, (Georgia Laws, 1937, pp. 503-515) entitled An Act to amend Chapter 40-19 of the 1933 Code, known as the chapter creating the Supervisor of Purchases within the Executive Department

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

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products when and where practicable; providing for the adoption, modification or abrogation of rules and regulations to execute the terms of this Act; making it unlawful for interested parties, employees, assistants or members of the State Purchasing Board to give or accept anything of value to induce or prevent a contract under this Act; to fix penalties for violations of this Act; to authorize the Supervisor of Purchases to appoint clerical help, assistants and employees and fix their salaries; requiring the State Supervisor of Purchases to obtain needed supplies from the State Prison Commission when available; to provide a saving clause; and to provide for the repeal of all laws in conflict with this Act; and for other purposes, be, and the same is hereby, amended as follows: Act of 1937 amended. Section 1. By striking in its entirety Section 1 of said Act, which said section relates to the office of Supervisor of Purchases, his appointment and salary, and enacting in lieu thereof a new Section 1 to read as follows: Section 1. There is hereby established as a separate and distinct agency of the State of Georgia the office of Supervisor of Purchases. The Supervisor of Purchases shall be appointed by the Governor and confirmed by the Senate to serve for a term of four years, at a salary of five thousand ($5,000) per annum, payable monthly. Before entering upon the duties of his office, the Supervisor of Purchases shall give a good and sufficient surety bond in the amount of fifteen thousand dollars ($15,000), to be approved by the Governor and payable to the Governor and his successors in office. Appointment, term, and salary. Section 2. By abolishing the State Purchasing Board, and by striking in its entirety Section 4 of said Act, relating to the creation of and powers of the State Purchasing Board, and enacting in lieu thereof a new Section 4 to read as follows: Purchasing Board abolished.

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Section 4. The Supervisor of Purchases is authorized and empowered by this Act to make all rules, regulations and stipulations and to provide specifications to carry out the terms and provisions of this Act as may be necessary for the purpose of this Act, and such rules and regulations as prescribed by said Supervisor of Purchases shall be published in pamphlet form and all the departments of the State government shall be furnished with copies of the same. All rights, powers, and duties heretofore devolving upon the State Purchasing Board are hereby transferred to and vested in the Supervisor of Purchases. Powers and duties. Section 3. By striking Section 6 of said Act, which said Section 6 related to estimates of supplies, advertisement and bids, and enacting in lieu thereof a new Section 6 to read as follows: Section 6. The Supervisor of Purchases shall compile and consolidate all such estimates of supplies, materials and equipment needed and required by all State departments, institutions and agencies to determine the total requirements for any given commodity. If the total requirement of any given commodity will involve an expenditure in excess of one thousand dollars ($1,000), sealed bids shall be solicited by advertisement in a newspaper of State-wide circulation at least once and at least ten days prior to the date fixed for opening of the bids and awarding of the contract: Provided other methods of advertisement may be adopted by the Supervisor of Purchases, when such other method is deemed more advantageous for the particular item to be purchased. Regardless of the amount of expenditure, it shall be the duty of the Supervisor of Purchases to solicit bids direct by mail from reputable owners of supplies. Except as otherwise provided for in this Act, all contracts for the purchases of supplies materials or equipment made under the provisions of this Act shall, wherever possible, be based [Illegible Text]

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competitive bids and shall be awarded to the lowest responsible bidder, taking into consideration the quality of the articles to be supplied and conformity with the standard specifications which have been established and prescribed, the purposes for which said articles are required, the discount allowed for prompt payment, the transportation charges and the date or dates of delivery specified in the bid. Competitive bids on such contracts shall be received in accordance with rules and regulations to be adopted by the Supervisor of Purchases, which rules and regulations shall prescribe among other things, the manner, time and places for proper advertisement for such bids, indicating the time and place when such bids will be received, the article for which said bid shall be submitted, and the standard specification prescribed for such article, the amount or number of the articles desired, and for which the bids are to be made, and the amount, if any, of bonds or certified checks to accompany the bids. Any and all bids so received may be rejected. Every bid conforming to the terms of the advertisement herein provided for, together with the name of the bidder, shall be recorded, and all such records with the name of the successful bidder indicated thereon shall, after award or letting of the contract, be subject to public inspection upon request. The Supervisor of Purchases shall also, within five days after the award or letting of the contract, publish the name of the successful bidder on a bulletin board in a conspicuous place in his office, so that it may be easily seen by the public. Said public notice on the bulletin board shall also show the price or the amount for which the contract was let, and the commodities covered by said contract. The Supervisor of Purchases shall also, within five days after the award or letting of the contract, publish on said bulletin board the names of all persons whose bids were rejected by him, together with a statement giving the reasons for such rejection. All said information herein required to be placed on the bulletin

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board in a conspicuous place at the office of the Supervisor of Purchases shall also be recorded in a permanent book to be kept by the Supervisor of Purchases, which said record shall always be subject to public inspection upon request. Bids shall be opened in public by the Supervisor of Purchases, who shall canvass the said bids and award contract according to the terms of this Act. A proper bond for the faithful performance of any contract shall be required of the successful bidder in the discretion of the Supervisor of Purchases. After the contracts have been awarded, the Supervisor of Purchases shall certify to the various departments, institutions and agencies of the State government the sources of the supplies and the contract price of the various supplies, materials and equipment so contracted for. Sealed bids. Section 6 (a). On all bids received or solicited by the Supervisor of Purchases or by any Department, Agency, Board or Bureau of the State or by any person in behalf of any Department, Agency, Board or Bureau of the State (except in the cases provided for in Section 8 of this Act) the following form letter, proposal and affidavit shall be used: LETTER GENTLEMEN: Sealed bids will be received by the State of Georgia at..... Atlanta, Georgia, until..... (date) for furnishing the following materials to the..... Form letter (Department,..... Board, Agency, etc.) of the State of Georgia, F. o. b....., Georgia: Approximately .....

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..... ..... All materials to meet..... (Department, Board, Agency, etc.) specifications dated..... Quantities are approximate only and may be increased or decreased, as the.....sees fit. (Dept. Board, etc.) Right is reserved to reject any or all bids. There is also attached an affidavit which must be executed by each bidder and returned with the enclosed proposal. Please mark envelope `Sealed bid to be opened.....'. Yours very truly, STATE OF GEORGIA, By..... PROPOSAL Date..... Proposal of..... of..... for furnishing the following..... (material or equipment) .....,..... to be delivered at (material or equipment) ....., Georgia, F. O. B. ...... To.....: (Department, Board, Agency, etc.)

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SIRS: The following proposal is made on behalf of..... ..... (Names of those interested) and no others. Evidence of my authority to submit the proposal is herewith furnished. The proposal is made without collusion on the part of any persons, firm or corporation. The following is my itemized proposal: (See attached sheet for itemized proposal) It is understood and agreed that I have read..... (Department,..... Specifications dated Agency, Board, Bureau, etc.) ..... and understood that this proposal is made in accordance with the provisions of said specifications, and that said specifications are made a part of this proposal as completely as if the same were attached thereto. It is understood and agreed that this proposal is one of several competitive bids made to the..... (Dept., Board,....., and in consideration of the mutual etc.) agreements of the bidders, similar hereto, and in consideration of the sum of One Dollar cash in hand paid, receipt whereof is hereby acknowledged, the undersigned agrees that this proposal shall be an option, which is hereby given by the undersigned to the..... (Department, Board, Agency, etc.) to accept or reject this proposal at any time within thirty days from the date on which this sealed proposal is opened and read, and, in consideration of the premises, it is expressly covenanted and agreed that this proposal is not subject to withdrawal by the proposer or bidder, during the term of said option. There is attached hereto properly executed an affidavit showing that this bidder has no interest,

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directly or indirectly, in any other bid or proposal for said..... (material or equipment) and that this bidder will not receive any commission, directly or indirectly, on the sale of said..... (material or.....in the event some other person, firm or equipment) corporation should be declared low bidder for said..... ..... (material or equipment) Witness my hand and seal this the.....day of.....19..... Terms:..... Discount:..... Signature.....(L. S.) Address..... AFFIDAVIT STATE OF..... Affidavit. COUNTY OF..... Before me, an officer of said State, authorized by law to administer oaths personally came....., who on oath says that the attached proposal is submitted independently of any other bid or proposal, and that this bidder has no interest, directly or indirectly, in any other bid or proposal for said....., (material or equipment) and that this bidder will not receive any commission or any sum whatsoever, directly or indirectly, on the sale of said.....in the event some (material or equipment) other person, association, firm or corporation should be

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declared low bidder or awarded the contract or sale for said..... (material or equipment) ..... Affiant Sworn to and subscribed before me this the.....day of .....193...... (Notary Public or other officer authorized to administer oaths) In the event any other information not required by the above stated letter, proposal or affidavit may be desired, the same may be demanded by the Supervisor of Purchases or by any other person soliciting the bid. Any person, firm, association or corporation who submits with reference to a proposal to sell to the State an affidavit containing a false statement therein shall be bared from the bidders list for not less than two years. It shall be unlawful for any bidder or other person to pay any commission, fee, reward or grant any gratuity or anything of value to any employee or officer of the State for services in assisting him to obtain an award of contract for materials, supplies or equipment to be furnished the State or any Department, Bureau, Board or Agency thereof. Additional information. Illegal practices. 6 (b) That Boards of Education of the various counties of this state may petition the said State Department of Purchases to purchase their supplies, such as, school buses, bus bodies, tires, parts and other equipment under the rules set out in this Act. Purchases for Boards of Education. Section 4. By amending Section 8 of said Act, relating to when the purchase of supplies shall not be mandatory, by striking the words, with the approval of the State Purchasing Board appearing in lines two and three of Section 8 of said Act, and in the last two lines of subsection (b) of Section 8 of said Act, so that said Section 8, when amended, shall read as follows:

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Section 8. Unless otherwise ordered by the Supervisor of Purchases, the purchase of supplies, materials and equipment through the Supervisor of Purchases shall not be mandatory in the following cases: (a) Technical instruments and supplies and technical books and other printed matter on technical subjects; also manuscripts, maps, books, pamphlets, and periodicals for the use of the State Library or any other library in the State supported in whole or in part by State funds. When purchase through Supervisor not mandatory. (b) Live stock for slaughter, and perishable articles such as fresh vegetables, fresh meat, fish and oysters, butter, eggs, poultry and milk. Provided, no other article shall be considered perishable within the meaning of this clause unless so classified by the Supervisor of Purchases. (c) Emergency supplies of drugs, chemicals and sundries, dental supplies and equipment. In the purchasing of emergency supplies under this paragraph, it shall be the duty of the department making such purchases to report same to the Supervisor of Purchases, giving the circumstances necessitating such purchases. Provided, however, nothing in this Act shall be construed to give the Purchasing Agent any supervision over the selection or purchase of school textbooks, which is, by law, vested in the Department of Education. Section 5. By amending Section 9 of said Act, relating to emergency purchases and reports, by striking the words, A report on circumstances of such emergency and his transactions thereunder shall be transmitted in writing by the Supervisor of Purchases to the State Board of Purchases, and said report shall be duly recorded in a book or file to be kept by the Supervisor of Purchases, appearing in the last sentence of Section 9 of said Act, and enacting in lieu of said stricken words a new provision requiring the Supervisor of Purchases to make and preserve

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serve certain reports, so that said Section 9, when so amended, shall read as follows: Section 9. In case of any emergency arising from any unforeseen causes, including delay by contractors, delay in transportation, break down in machinery, or unanticipated volume of work, the Supervisor of Purchases shall have power to purchase in the open market any necessary supplies, materials or equipment for immediate delivery to any department, institution or agency of the State government. A report on the circumstances of such emergency and his transactions thereunder shall be duly recorded in a book or file to be kept by the Supervisor of Purchases. Emergency purchases. Section 6. By amending Section 13 of said Act, relating to the abrogation of rules and regulations covering certain purposes, by striking the words, with the approval of the State Purchasing Board, appearing in lines one and two of said section 13, so that Section 13 as amended shall read as follows: Section 13. The Supervisor of Purchases may adopt, modify or abrogate rules and regulations covering the following purposes, in addition to those authorized elsewhere in this Act: Power to modify rules. (a) Requiring monthly reports by State departments, institutions or agencies of stocks and supplies and materials and equipment on hand and prescribing the form of such reports. (b) Prescribing the manner in which supplies, materials and equipment shall be delivered, stored and distributed. (c) Prescribing the manner of inspecting deliveries of supplies, material and equipment and making chemical and/or physical tests of samples submitted with bids and samples of deliveries to determine whether deliveries have been made to the departments, institutions or agencies in compliance with specifications.

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(d) Prescribing the manner in which purchases shall be made by the Supervisor of Purchases in all emergencies as defined in Section 8 of this Act. (e) Providing for such other matters as may be necessary to give effect to the foregoing rules and provisions of this Act. Section 7. By abolishing the standardization committee and striking Section 14 of said Act in its entirety, which said section relates to a standardization committee, and enacting in lieu thereof a new Section 14 to read as follows: Standardization committee abolished. Section 14. It shall be the duty of the Supervisor of Purchases to formulate, adopt, establish and/or modify standard specifications applying to State contracts. In the formulation, adoption and/or modification of any standard specifications, the Supervisor of Purchases shall seek the advice, assistance and cooperation of any State department, institution or agency to ascertain its precise requirements in any given commodity. Each specification adopted for any commodity shall in so far as possible satisfy the requirements of a majority of the State departments, institutions or agencies which use the same in common. After its adoption each standard specification shall until revised or rescinded apply alike in terms and effect to every State Purchase of the commodity described in such specifications. In the preparation of any standard specifications, the Supervisor of Purchases shall have power to make use of any State laboratory for chemical and physical tests in the determination of quality. All rights, powers and duties heretofore devolving upon the standardization committee are hereby, transferred to and vested in the Supervisor of Purchases. Standard specifications. Section 8. By striking Section 17 of said Act, relating to employees, in its entirety, and enacting in lieu thereof a new Section 17 to read as follows: Section 17. Be it further enacted by the authority aforesaid, that said

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Supervisor of Purchases may appoint as many assistants and employees, and fix their salaries, as is essential to the State's interest in the execution of the terms and provisions of this Act. Assignment of an assistant or assistants to any of the departments, institutions or agencies of the State may be made by the Supervisor of Purchases. It shall be unlawful for any other agency of the State to employ any person for the purposes set out in this Act. Employees. Section 9. That from and after the passage of this Act, to each and every invoice paid by any State agency or department, there shall be attached the delivery receipt and also a copy of the purchase order issued by the Supervisor of Purchases. And it shall be the duty of the State Auditor to disallow, as an illegal payment, any payments that do not have the receipts and purchase orders attached to the invoice paid. It shall also be the duty of the State Auditor to point out these items in the annual audit of each agency or department of the State. Delivery receipt and purchase order. Section 10. That from and after the passage of this Act, it shall be unlawful for any employee or official of the State of Georgia to purchase, directly or indirectly, through the Supervisor of Purchases, or through any Agency, Department, Board or Bureau of the State, any article, material, merchandise, ware, commodity or other thing of value for the personal or individual ownership of himself or other person or persons. All articles, materials, merchandise, wares, commodities or other things of value purchased, directly or indirectly, by or through the Supervisor of Purchases or by or through any Agency, Department, Board or Bureau of the State shall be and remain the property of the State of Georgia until sold or disposed of by the State in accordance with the laws governing the disposition or sale of other State property. Private purchases prohibited. Section 10 (a). It shall be unlawful for any person to knowingly sell or deliver any article, material, merchandise, ware, commodity or other thing of value to any

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person, directly or indirectly, by or through the Supervisor of Purchases or by or through any Department, Agency, Board or Bureau of the State for the individual and personal ownership of such person or other person or persons, except that property of the State may be sold or otherwise disposed of in accordance with the laws governing the sale or other disposition of State property. Section 10 (b). That within the meaning of this Act the word person shall include natural persons, firms, partnerships, corporations or associations. Section 10 (c). Any violation of the provisions of this Section or any of its subdivisions shall be deemed a misdemeanor and punishable as such. Section 11. The Supervisor of Purchases may rent or lease any warehouse space necessary, for a period not to exceed five years. Provided, the Supervisor of Purchases may construct any warehouse, on State property only. Warehouse space. Section 12. Be it further enacted by the authority aforesaid that the sum of thirty thousand dollars ($30,000) be, and it is hereby, appropriated to the Supervisor of Purchases for the fiscal year beginning July 1, 1939, and ending June 30, 1940, which said sum of thirty thousand dollars ($30,000) shall, by the Supervisor of Purchases, be refunded into the general funds of the treasury out of assessments made by him against each agency, department, board or bureau of the State, in the same proportion that the purchases for each such agencies, departments, bureaus, or boards bear to the total purchases made by the Supervisor of Purchases during the period for which the assessment is levied. In order to effectuate the purpose of this Action, the Supervisor of Purchases shall charge and collect quarterly an assessment from each agency, department, board or bureau of the State (which said assessments it shall be the duty of such agencies, departments, boards or bureaus to pay), in the same

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proportion that the purchases for each of such agencies, departments, boards or bureaus bear to the total purchases made by the Supervisor of Purchases during the quarter. Provided, that the total amount of said assessments made after the first quarterly assessment shall not exceed thirty thousand dollars ($30,000) per quarter. The first quarterly assessment hereunder shall be sufficient in amount to refund into the general funds of the treasury the thirty thousand dollars ($30,000) appropriated hereunder, and shall also be sufficient to pay the operating costs of the office of Supervisor of Purchases, which said operating costs shall not exceed thirty thousand dollars ($30,000) per quarter. After the refunding of the aforesaid thirty thousand dollars ($30,000) appropriation, all revenue derived from assessments levied against the various bureaus, boards, departments and agencies of the State are hereby allocated and appropriated to the Supervisor of Purchases for the purpose of carrying out the provisions of this Act, including the establishment and maintenance of such warehouse or warehouses as may be necessary for the adequate storage and protection of commodities purchased on behalf of the State. Appropriation. Section 13. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 24, 1939. VALIDATING ACT. No. 243. An Act validating, ratifying, approving, and confirming certain bonds and other instruments or obligations heretofore issued, and validating, ratifying, approving and confirming certain proceedings heretofore taken, by any State authority created by Act of the General Assembly and by towns, cities, counties and school districts of the State of 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 this Act may be cited as The 1939 Validating Act. 1939 validating act. Section 2. Be it further enacted by the authority aforesaid, That the following terms, wherever used or referred to in this Act, shall have the following meaning: (a) The term public body means any State authority created by Act of the General Assembly, and any town, city, county or school district of this State. Definitions. (b) The term bonds includes bonds, notes, warrants, debentures, certificates of indebtedness, temporary bonds, temporary notes, interim receipts, interim certificates and all instruments or obligations evidencing or representing indebtedness, or evidencing or representing the borrowing of money, or evidencing or representing a charge, lien or encumbrance on specific revenues, income or property of a public body or all instruments or obligations payable from a special fund. Section 3. Be it further enacted by the authority aforesaid, That all bonds heretofore issued for the purpose of financing or aiding in the financing of any work undertaking or project by any public body to which any loan or grant has heretofore been made by the United States of America through the Federal Emergency Administrator of Public Works for the purpose of financing or aiding in the financing of such work, undertaking or project, including all proceedings for the authorization and issuance of such bonds, and the sale, execution, and delivery thereof, are hereby validated, ratified, approved and confirmed, notwithstanding any lack of power (other than constitutional) of such public body or the governing body or commission or officers thereof, to authorize and issue such bonds, or to sell, execute or deliver the same, and notwithstanding any defects or irregularities (other than constitutional) in such proceedings, or in such sale, execution

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or delivery and notwithstanding that such governing body or commission or officers may not have been elected, appointed or qualified for the offices they purported to hold and notwithstanding the fact that the person or persons who signed such bonds may not have been officers of the public body on either the date of the signing or on the date of the delivery thereof; and such bonds are and shall be binding, legal, valid and enforceable obligations of such public body. Bonds for Federal projects validated. Section 4. Be it further enacted by the authority aforesaid, That all proceedings, which have been taken prior to the date this Act takes effect, for the purpose of financing or aiding in the financing of any work, undertaking or project by any public body to which any loan or grant is under contract to be made by the United States of America through the Federal Emergency Administrator of Public Works for the purpose of financing or aiding in the financing of such work, undertaking or project, including all proceedings for the authorization and issuance of bonds, and for the sale, execution and delivery thereof, are hereby validated, ratified, approved and confirmed, notwithstanding any lack of power (other than constitutional) of such public body or the governing body or commission or officers thereof, to authorize and issue such bonds, or to sell, execute or deliver the same, and notwithstanding any defects or irregularities (other than constitutional) in such proceedings, and notwithstanding that such governing body may not have been elected, appointed or qualified for the offices they purported to hold. Proceedings validated. Section 5. Be it further enacted by the authority aforesaid, that this Act shall go into effect immediately upon the passage and approval thereof. Section 6. Be it further enacted by the authority aforesaid, that insofar as the provisions of this Act are

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inconsistent with the provisions of any other law, the provisions of this Act shall be controlling. Approved March 23, 1939.

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TITLE V. CODE AMENDMENTS AND REPEALS. ACTS. Attendance of Witnesses. 38-1504. Automobile Tags to Promote Georgia. 68-214. Commercial Fishing BoatsLicense Fees. 45-210. Compulsory School Attendance. 32-9906. Condemnation for Public Roads. 95-1715. Confederate Veterans' and Their Widows' Pensions. 78-216. County Board of Education. 32-902. County ContractsMaterial for Free Labor. 23-1704. County Superintendent of SchoolsOffice Space. 32-1012. County Superintendent of SchoolsQualifications. 32-1004. County Superintendent of SchoolsReport to Grand Jury. 32-1014. County TaxationPauper Tax. 92-3715. County TaxationPurposes. 92-3701. County TaxationPurposes. 92-3701. DivorceResidents of Army Post or Reservation. 30-107. HuntingOpen Seasons. 45-308, 45-310. Licensing Pilots. Number. 80-104. Motor Contract CarriersDefinitions. 68-502. Official County Organ. 39-1103. OrdinariesFees. 24-1716. OrdinariesMarriage License Violations. 53-208. OrdinariesMarriage License Violations. 53-208. Public Service Commissioner. 93-205. Safe and Unsafe Crossings. Chap. 95-18. Sales for Municipal Taxes. 92-4407. State Board of Medical Examiners. 84-903. State Board of Pharmacy. 42-102, 42-103, 42-113. TortsHomicide of Wife or Mother. 105-1306. Workmen's CompensationProvision Repealed. 114-413, par. d. Year's SupportTax Liens Divested. 113-1002. ATTENDANCE OF WITNESSES. 38-1504. No. 246. An Act to amend Section 38-1504 of the Civil Code of 1933 of Georgia, which deals with witnesses and among other things provides power of court to compel the attendance of a witness who fails to obey a subpoena

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and for punishment of such witnesses, by adding thereto power of court to punish such witness by imprisonment; 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. Section 38-1504 of the Civil Code of 1933 of Georgia is hereby amended by striking the period at the end of the first sentence of said section and adding immediately thereafter the following: and by imprisonment not exceeding twenty days. 38-1504 amended. Said section as amended shall read as follows: The Court may proceed by attachment to compel the attendance of a witness who fails to obey the subpoena, and also to punish him by a fine not exceeding $300.00 and by imprisonment not exceeding twenty days. In addition thereto such a witness shall be liable in damages to the person causing him to be subpoenaed, for his failure to attend. Punishment. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of law in conflict herewith be, and the same are, hereby repealed. Approved March 24, 1939. AUTOMOBILE TAGS TO PROMOTE GEORGIA. 68-214. No. 231. An Act to repeal Section 68-214 of the Code of 1933, and to re-enact said Section as it was except that wherever the word Commission appeared in said Section, it shall be changed to Commissioner; and that in addition thereto the newly enacted section shall direct the State Revenue Commissioner to include on number

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plates of motor vehicles licensed by him such figures, characters, letters, or combinations thereof, as in the judgment of said Commissioner will to the best advantage advertise, popularize, and otherwise promote Georgia as The Peach 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. That Section 68-214 of the Code of 1933 which provides that 68-214. Number Plates; description; transfer; duplicates; fees. Upon receipt of application and the payment of the required fee, the State Revenue Commission shall file the application, register the vehicle, assign to it a distinctive serial number, and make the same a matter of record. The Commission shall furnish also without cost two metal number plates showing thereon the serial number designated to such vehicle. Number plates shall be of metal at least seven inches wide and not less than 16 inches in length, and shall show in bold characters the year of registration, serial number, and abbreviation of the name of the State, and such other distinctive markings as in the judgment of the Commission may be deemed advisable, so as to indicate the class or weight of the vehicle for which the number plates were issued. Duplicate number plates, when one of the originals has been lost, defaced, or destroyed, may be obtained from the Commission upon filing affidavit setting forth the facts of such loss or destruction, and the payment of a fee of $1.00. A number when issued, shall not be transferred from one vehicle to another, and shall not be used by any other person or upon any motor vehicle other than the one to which it is assigned, and any use of said number by any person or persons in any manner not provided for in this law shall be a violation of said law. Provided, however, that where a motor vehicle has been duly registered in the office of the State Revenue Commission, and the number assigned to said vehicle for the

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year, the owner of said motor vehicle to which said number has been assigned may upon sale or exchange of said motor vehicle, transfer and assign the number assigned to said motor vehicle to the purchaser of said machine, by registering such transfer in the office of the State Revenue Commission and by paying fifty cents (.50), which shall accompany said transfer or registration, and upon said transfer the assignee of said number shall stand in the position of the original person in whose name such number is recorded. (Acts 1927, p. 233; 1931, pp. 7, 34). be and the same is hereby repealed. 68-214 repealed. Section 2. That the following shall be substituted in lieu thereof, which shall be known as Section 68-214 of the Code of 1933: 68-214. Number Plates. Description; Transfer; Duplicates; Fees; Upon receipt of the application and the payment of the required fee, the State Revenue Commissioner shall file the application, register the vehicle, assign to it a distinctive serial number, and make the same a matter of record. The Commissioner shall furnish also without cost two metal number plates showing thereon the serial number designated to such vehicle. Number plates shall be of metal at least 5 inches wide and not less than 12 inches in length, and shall show in bold characters the year of registration, serial number, and abbreviation of the name of the State, and such other distinctive markings as in the judgment of the Commissioner may be deemed advisable, so as to indicate the class or weight of the vehicle for which the number plates were issued. The said number plates may also bear such figures, characters, letters, or combinations thereof, as in the judgment of the Commissioner will to the best advantage advertise, popularize, and otherwise promote Georgia as The Peach State. Duplicate number plates, when one of the originals has been lost, defaced, or destroyed, may be obtained from the Commissioner upon

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filing affidavit setting forth the facts of such loss or destruction, and the payment of a fee of $1. A number, when issued, shall not be transferred from one vehicle to another, and shall not be used by any other person or upon any motor vehicle other than the one to which it is assigned, and any use of said number by any other person or persons in any manner not provided for in this law shall be a violation of said law; Provided, however, that where a motor vehicle has been duly registered in the office of the State Revenue Commissioner, and the number assigned to said vehicle for the year, the owner of said motor vehicle to which said number has been assigned may, upon sale or exchange of said motor vehicle to the purchaser of said machine, by registering such transfer in the office of the State Revenue Commissioner and by paying 50 cents, which shall accompany said transfer of registration, and upon said transfer the assignee of said number shall stand in the position of the original person in whose name such number is recorded. (Acts 1927, p. 233; 1931, pp. 7, 34.) New section. To promote Georgia. 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 March 21, 1939. COMMERCIAL FISHING BOATSLICENSE FEES. 45-210. No. 258. An Act to repeal Section 45-210 of the 1933 Code relating to license fees levied on commercial fishing boats, and to repeal an Act approved February 7, 1938, (Georgia Laws-Extra Session, 1937-1938, pp. 255-256), entitled An Act amending Section 45-210 of the Georgia Code

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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 non-residents of the State of Georgia on each boat, vessel or launch engaged in fishing, and for other purposes, so as to provide for proper license fees to be levied and collected on commercial fishing boats; 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 45-210 of the 1933 Code relating to license fees levied on commercial fishing boats, and an Act approved February 7, 1938, (Georgia Laws-Extra Session, 1937-1938, pp. 255-256), entitled 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 non-residents of the State of Georgia on each boat, vessel or launch engaged in fishing, and for other purposes, be, and the same are hereby, repealed in their entirety, and there is hereby enacted in lieu thereof a new Code Section 45-210 to provide as follows: 45-210 and Act of 1937-1938 repealed. 45-210. License fees levied on commercial fishing boat: AmountsBoats under 16 feet long and under four (4) feet beam, One ($1.00) Dollar and five (05) cents; Boats over sixteen (16) feet long and over four (4) feet beam, Twenty (20) cents for each additional foot or fraction thereof of length and beam. Amounts of fees. Additional License Tax required on all boats, vessels and schooners or launches owned in whole, or in part by aliens or non-residents: An additional license tax of Twenty-five ($25.00) Dollars shall be required of all aliens or non-residents of the State of Georgia on all boats, vessels, schooners or launches engaged in fishing or having to

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do with fishing in this State, owned in whole or in part by such aliens or non-residents in addition to the boat license tax required in this Act. Aliens and non-residents. Section 2. That all laws or parts of laws in conflict with this Act be and the same are hereby, repealed. Approved March 24, 1939. COMPULSORY SCHOOL ATTENDANCE. 32-9906. No. 215. An Act to amend Section 32-9906 of the Civil Code of 1933, known as the Compulsory School Attendance Law; to provide an additional penalty for the violation of said Section and said Law; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same: Section 1. That Section 32-9906 of the Civil Code of 1933 be, and the same is hereby amended by adding after the word costs at the beginning of the eighth line of said Section, the following words: and thirty (30) days in jail, for each offense. 32-9906 amended. Added penalty. Section 2. Be it further enacted that all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved March 20, 1939. CONDEMNATION FOR PUBLIC ROADS. 95-1715. No. 255. An Act to amend Section 95-1715 of the Georgia Code of 1933 relating to condemnation of right of way by permitting

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condemnation of property for public roads to the width of 200 feet at the base and by permitting condemnation for borrow-pits; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 95-1715 of the Georgia Code of 1933 relating to the condemnation of right of way be and the same is hereby amended by striking from the said Section the word and figures 100 feet and by substituting in lieu thereof the word and figures 200 feet and by adding at the end of said Section the following sentence: 95-1715 amended. The State Highway Board is also authorized and empowered to condemn and acquire lands for borrow-pits which may be necessary or useful in the improving, reconstruction, widening, laying out, draining, altering, grading, paving, or repairing any State Aid roads in this State. So that Section 95-1715 of the Georgia Code of 1933 when amended will read as follows: 95-1715. Labor, contracts for construction, etc; condemnation of right of way.The State Highway Board shall have authority to plan and to construct, improve and maintain the State Aid roads in any manner it may deem expedient, by free labor, by contract, or by any other method or combination of methods, in its discretion. In so doing said Highway Board is hereby authorized and empowered to condemn and acquire a right of way not exceeding 200 feet in width for maintaining, improving and constructing said State Aid roads. The State Highway Board is also authorized and empowered to condemn and acquire lands for borrow-pits which may be necessary or useful in the improving, reconstruction, widening, laying out, draining, altering, grading, paving, or repairing any State Aid roads in this State. Width of right of way. Borrow pits.

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Provided, however, the provisions of this Act shall not apply to land within the corporate limits of any municipality. Proviso. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1939. CONFEDERATE VETERANS' AND THEIR WIDOWS' PENSIONS. 78-216. No. 86. An Act to amend Section 78-216 of the Code of Georgia of 1933, relating to the amount of pensions and time of payment to Confederate veterans and widows, by providing that Confederate soldiers shall receive Fifty Dollars ($50.00) per month; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Section 78-216 of the Georgia Code of 1933, relating to the amount of pensions and the time of payment to Confederate soldiers and to widows of Confederate soldiers, be and the same is hereby amended by providing that Confederate soldiers' pensions shall be Six Hundred Dollars ($600.00) per annum each, payable in monthly installments of Fifty Dollars ($50.00) a month, on the first day of each month, so that Section 78-216, when amended, will read as follows: 78-216 amended. 78-216. Amount of pensions and time of payment. The annual pensions paid to the Confederate soldiers shall be Six Hundred Dollars ($600.00) per annum each, and this amount shall be paid in monthly installments of Fifty Dollars ($50.00) a month on the first day of each month. The annual pensions paid to widows of Confederate

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soldiers shall be Three Hundred Sixty Dollars ($360.00) per annum each, and this amount shall be paid monthly in installments of Thirty Dollars ($30.00) a month, on the first day of each month. The several members eligible for this pension but who are inmates of the Confederate Soldiers' Home in Atlanta are hereby given Five Dollars ($5.00) per month for incidental expenses. Amount. Widows. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 24, 1939. COUNTY BOARD OF EDUCATION. 32-902. No. 117. An Act to amend Section 32-902 of the Code of Georgia relating to the election of members of county boards of education; to provide that in counties having a population of 21,599 and less than 21,609, according to the United States census of 1930, members shall be elected by the qualified voters of the county; to provide how and when the members shall be elected; to provide for the salary and term of office of the members of the county school board; to provide the effective date of this Act; and for all 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. 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: 32-902 amended. Provided, however, that in counties having a population of 21,599 and less than 21,609, according to the United States census of the year 1930, members of the county

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board of education shall be elected by the qualified voters of the county every two years at the general election, being held in June as now provided by law, and in the same manner and under the same laws, rules and regulations governing said elections. The first election to be held under this amendment will be the regular general election to be held in June of 1939, and shall be held every two years thereafter, and their terms of office are hereby fixed at two years. Members of the county board of education elected under the provisions of this Act shall have the same powers, duties and jurisdiction with respect to the public schools of such counties as are now conferred by law upon the county board of education elected by the grand juries of other counties. Provided further, that those eligible to vote for the members of the county board of education shall be those eligible to vote for the members of the General Assembly, with the exception of those residing in an independent school district, not under the supervision and control of the county board of education, so that when said section is so amended, the same shall read as follows: Section 32-902: Membership in county boards. The grand jury of each county (except those counties which are under a local system) shall, from time to time, select from the citizens of their respective counties, five freeholders who shall constitute the county board of education. Said members shall be elected for a term of four years, and shall hold their offices until their successors are elected and qualified; provided, however, that no publisher of school books nor any agent of said purchaser, nor any person who shall be pecuniarily interested in the sale of school books, shall be eligible for election as members of any board of education, or as county school superintendent of schools;

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Provided, further, that whenever there is in a portion of any county a local school system having a board of education of its own, and receiving its pro rata of the public school fund directly from the State Superintendent of Schools, and having no dealings whatever with the county board of education, then the members of the county board of education of such counties shall be selected from that portion of the county not embraced within the territory covered by such local system. Provided, however, that in counties having a population of 21,599 and less than 21,609, according to the United States census of the year 1930, members of the county board of education shall be elected by the qualified voters of the county every two years at the general election, being held in June as now provided by law, and in the same manner and under the same laws, rules and regulations governing said elections. Election by people in certain counties. The first election to be held under this amendment will be the regular general election to be held in June, of 1939, and shall be held every two years thereafter, and their terms of office are hereby fixed at two years. Terms. Members of the county board of education elected under the provisions of this Act shall have the same powers, duties, and jurisdiction with respect to the public schools of such counties as are now conferred by law upon the county board of education elected by the grand juries of other counties. Powers and duties. Provided further, that those eligible to vote for the members of the county board of education shall be those eligible to vote for the members of the General Assembly, with the exception of those residing in an independent school district, not under the supervision and control of the county board of education. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1939.

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COUNTY CONTRACTSMATERIAL FOR FREE LABOR. 23-1704. No. 37. An Act to amend Paragraph 23-1704 of the Civil Code of Georgia of 1933, by providing for the county commissioner or commissioners or other persons having charge of public works in any county to purchase material for and use labor furnished free to the county by the State or Federal Government, or any agency thereof in the building or repairing any public building, bridge, causeway, or other public works in any county, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act Paragraph 23-1704 of the Civil Code of Georgia of 1933 be amended by adding and inserting the following sentence between the period and the word Where as they appear in the twentieth line of said Paragraph: 23-1704 amended. Provided, further, in the event the labor used, or to be used, in building or repairing any public building, bridge, causeway, or other public works in any county is furnished, at no expense, to the county by the State or Federal Government, or any agency thereof, the county commissioner or commissioners, or other persons having charge of such works, shall have the power and authority to purchase material for and use the labor furnished free to the county, as aforesaid, and in such case said Sections 23-1701 to 23-1703 shall not apply. And by adding and inserting immediately following the word Convict and immediately before the word the, as they appear in the twenty-first line of said section, the following words: or labor so furnished as aforesaid, so that said section when amended shall read as follows:

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Paragraph 23-1704. (389) Contractors to give bond. Contractors who are awarded contracts shall be required to give bond in double the amount of the bid, with good and solvent securities, for the faithful performance of the contract, and to indemnify the county for any damanges occasioned by a failure to perform the same within the prescribed time. It shall be unlawful to let out any contract for building or repairing any public building, bridge, or other public work, unless the provisions of the three preceding sections are complied with; and any contractor doing, or having done, any work of the kind in any other manner shall not be entitled to receive pay therefor: Provided, that the requirements of these sections shall not apply to the building or repairing of any public bridge, building, or other work when the same can be done at a less cost than $300, but such officer may have such work of building or repairing done by hiring hands and furnishing materials: Provided, further, that in any county having a chain gang the county commissioners of such county, or other persons having charge of such works, shall have the power and authority to purchase material for, and use the convicts in, building or repairing any public building, bridge, causeway, or other public works in such county, and in such cases sections 23-1701 to 23-1703 shall not apply. Provided, further, in the event the labor used, or to be used, in building or repairing any public building, bridge, causeway, or other public works in any county is furnished, at no expense, to the county by the State or Federal Government, or any agency thereof, the county commissioner or commissioners, or other persons having charge of such works, shall have the power and authority to purchase material for and use the labor furnished free to the county, as aforesaid, and in such case said Sections 23-1701 to 23-1703 shall not apply. Where such material is purchased and such work done with the convicts, or labor so furnished as aforesaid, the county authorities of such county may use the funds of

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said county arising from taxes levied for such purposes in purchasing said material and in supporting and maintaining the convicts while said work is being done. Contractor's bond. Convict labor. Materials where free labor is furnished. Section 2. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 8, 1939. COUNTY SUPERINTENDENT OF SCHOOLSOFFICE SPACE. 32-1012. No. 161. An Act to amend Section 32-1012 of the Civil Code of 1933, so as to make it mandatory upon the county authorities to furnish office room in the courthouse for the county superintendent of schools, in all counties of the State of Georgia having a population of between 40,000 and 60,000 according to the census of the United States for 1930 or any future census when requested to do so by the County Board of Education, and for other purposes. Section 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 32-1012 of the Civil Code of 1933 be, and the same is hereby amended by striking the period after the word law on the last line of the Section and substituting in lieu thereof a semi-colon and the following words, It is further provided that in all counties of the State of Georgia having a population of between 40,000 and 60,000 according to the census of the United States for 1930 or any future census it shall be the duty of the county authorities to furnish office room for county superintendent of schools in the courthouse when requested to do so by the County Boards of Education, so

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that Section 32-1012 when so amended shall read as follows: 32-1012 amended. Section 32-1012 Office of superintendent in courthouse,The county authorities of the different counties shall furnish the county superintendent of schools thereof an office in the courthouse, provided there is sufficient room in said courthouse after furnishing the county officers with offices as now provided by law; it is further provided that in all counties of the State of Georgia having a population of between 40,000 and 60,000 according to the census of the United States for 1930 or any future census it shall be the duty of the county authorities to furnish office room for the county superintendents of schools when requested to do so by the County Board of Education. Office space in courthouse. Section 2. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 8, 1939. COUNTY SUPERINTENDENT OF SCHOOLSQUALIFICATIONS. 32-1004. No. 387. An Act to amend Section 32-1004 of the Civil Code of 1933, so as to change the qualifications of the County Superintendents of schools in all counties of the State of Georgia having a population of 40,000 and above according to the census, of the United States for 1930 or any future census, and for other purposes. Section 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 32-1004 of the Civil Code of 1933,

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be, and the same is hereby amended by striking the comma after the word qualifications on line eight (8) of said Section and by substituting in lieu thereof a semi-colon and by adding the following words, It is further provided that in all counties of the State of Georgia having a population of 40,000 and above according to the census of the United States for 1930 or any future census; That before any person shall be qualified or eligible to the Office of County Superintendent of Schools, he shall have had at least three years practical experience in teaching, hold a Professional High School Four-Year certificate based on a minimum of a bachelor's degree including eighteen semester hours of approved professional education, or in lieu of a bachelor's degree shall have held the office of County Superintendent of Schools for a period of one or more years, so that Section 32-1004 when so amended shall read as follows: Section 32-1004, Qualifications of County Superintendents, Before any person shall be qualified or eligible to the Office of County Superintendent of Schools, he shall have had at least three years' practical experience in teaching, hold a first grade High School license, or in lieu thereof shall have a diploma from a Literary College or Normal School, or shall have had five years experience in the Actual Supervision of schools, or stand an approved examination before the State Board of Education as to his qualifications; It is further provided that in all counties of the State of Georgia having a population of 40,000 and above according to the census of the United States for 1930 or any future census; 32-1004 amended. Qualifications. That before any person shall be qualified or eligible to the office of County Superintendent of Schools, he shall have had at least three years practical experience in teaching, hold a professional High School Four-year certificate based on a minimum of a Bachelor's Degree including eighteen semester hours of approved Professional education, or in lieu thereof shall have held the office of County Superintendent of Schools for a period of one or

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more years. Be a person of good moral character, never convicted of any crime involving moral turpitude. The County Superintendent of Schools shall perform all the clerical duties which were formerly required of the County School Commissioner. Before being eligible to qualify for a primary election, candidates for the position must file with the State Board of Education a certificate showing at least one of the above qualifications. This certificate must be signed by the President of the County Board of Education. Additional provisions in certain counties. Section 2. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 24, 1939. COUNTY SUPERINTENDENT OF SCHOOLSREPORT TO GRAND JURY. 32-1014. No. 290. An Act to amend Section 32-1014 of the Code of Georgia of 1933 relating to the making of reports by county superintendents by providing that reports shall be made at the first term of the court after the close of the preceding fiscal year; 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 same that on or after the passage of this Act, Section 32-1014 of the Code of Georgia of 1933, be and the same is hereby amended as follows, to wit: By striking the word, spring in the third line of said Act and by inserting in lieu thereof the words, first and by inserting after the word, court, in the third line thereof, the following words, to wit, after the close of the preceding fiscal year,

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so that when said section is amended it shall read as follows, to wit: 32-1014 amended. Section 32-1014. Report of county superintendents. It shall be the duty of the county superintendent of schools to make a report of the school operations of the preceding year to the grand jury, at the first term of the court after the close of the preceding fiscal year, and to place his book before them for examination; and in making up the general presentments it shall be the duty of the jury to take proper notice of the matters thus brought to their attention. Report at first term after fiscal year. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 24, 1939. COUNTY TAXATIONPAUPER TAX. 92-3715. No. 267. An Act to amend Code Section 92-3715 of the Code of 1933 as amended by the Act of the General Assembly approved March 31, 1937 and published in Georgia Laws 1937 page 444-446, by striking the words one and one-fourth mills, where the same occur in said Code Section, as amended, and inserting in lieu thereof three mills; providing the tax specified shall become effective only on recommendation of the successive grand juries; limiting the effectiveness of this Act to two years; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia that from and after the passage of this Act Code Section 92-3715 of the Code of 1933 as amended by the Act approved March 31, 1937 (as published

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in Georgia Laws page 444-446) be amended by striking from said Section the words one and one-fourth mills and inserting in lieu thereof the words three mills; provided, that said tax shall not exceed one and one-fourth mills except upon recommendation of two successive grand juries of the county, made by a two-thirds vote of said grand juries; so that said section as amended, shall read as follows: 92-3715 and Act of 1937 amended. 92-3715. Tax for the support of paupers.The ordinary or other authority empowered to levy taxes is authorized to levy for the support of the paupers of the county, a tax not in excess of three mills; provided, that said tax shall not exceed one and one-fourth mills except upon recommendation of two successive grand juries of the county, made by a two-thirds vote of said grand juries. Amount of tax. Section 2. That the increase authorized by this Act from one and one-fourth mills to not exceeding three mills shall expire at the end of two years from the passage of this Act and that after the expiration of this Act the counties of the State shall be authorized to levy a tax not to exceed one and one-fourth mills. Limitation of Act. Section 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 24, 1939. COUNTY TAXATIONPURPOSES. 92-3701. No. 56. An Act to amend Section 92-3701 of the Code of Georgia of 1933 by adding an additional purpose for which county taxes may be levied, and providing authority

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to the counties to levy a tax to provide medical or other care and hospitalization for the indigent sick people of the respective counties; to repeal all laws and parts of laws in conflict with this Act, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That from and after the passage of this Act Section 92-3701 of the Code of Georgia of 1933 be, and the same is hereby amended as follows: By adding an additional numbered sub-paragraph to said Code section to be numbered consecutively with the numbered subparagraphs of said Code Section as at present existing, reading as follows: To provide medical or other care and hospitalization for the indigent sick people of the County, not exceeding one mill. 92-3701 amended. Hospitalization. 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 February 21, 1939. COUNTY TAXATIONPURPOSES. 92-3701. No. 285. An Act to amend Section 92-3701 of the Georgia Code of 1933 by authorizing the several counties to levy a tax each year for the conservation of natural resources, including fire protection of forest lands; 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. Section 92-3701 of the Georgia Code of 1933 be and the same is hereby amended by adding thereto a new subsection to be known as subsection 16 to read as follows: 92-3701 amended. 16. To pay for the conservation of natural resources, and fire protection of forest lands. so that Section 92-3701 of the Georgia Code of 1933 when amended will read as follows: 92-3701. Purposes of county tax in general.County taxes may be levied for the following purposes: General purposes. 1. To pay the legal indebtedness of the county, due or to become due during the year, or past due. 2. To build or repair courthouses, jails, bridges, ferries, or other public improvements, according to contract. 3. To pay sheriffs', jailers', or other officers' fees for which the county is liable. 4. To pay coroners all fees due them by the county for holding inquests. 5. To pay the expenses of the county, for bailiffs at courts, nonresident witnesses in criminal cases, fuel, employees' wages, stationery, and the like. 6. To pay jurors a per diem compensation. 7. To pay expenses incurred in supporting the poor of the county. 8. To pay charges for educational purposes, to be levied only in strict compliance with the law. 9. To pay any other lawful charge against the county. 10. To pay the expenses of working public roads in those counties which have adopted the alternative road law.

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11. To pay the expenses of quarantine and necessary sanitation. 12. To pay the county police. 13. To pay for the collection and preservation of records of birth, death, disease, and health. 14. To pay county agricultural and home demonstration agents. 15. 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, 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 effect prescribing the qualifications for beneficiaries hereunder: Provided, the taxes authorized hereby shall not exceed three mills in any one year. 16. To pay for the conservation of natural resources, and fire protection of forest lands. New provision. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1939. DIVORCERESIDENTS OF ARMY POST OR RESERVATION. 30-107. No. 392. An Act to amend Section 30-107 of the Code of 1933 of the State of Georgia, relating to the residence of the plaintiff in an action for divorce so as to give the Superior Courts of this State, that may be adjacent to United States Army Posts or Military Reservations, jurisdiction

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over applications for divorce by person or persons who may have been residents of any United States Army Post or Military Reservation for one year next preceding the filing of the petition for divorce. Section 1. Be it enacted by the General Assembly of the State of Georgia: That Section 30-107 of the Code of 1933 of the State of Georgia be amended by adding at the end of said section, the following: Provided that any person who has been a resident of any United States Army Post or Military Reservation within the State of Georgia for one year next preceding the filing of the petition may bring an action for divorce in any county adjacent to said United States Army Post or Military Reservation. 30-107 amended. Superior Court jurisdiction. Section 2. Be it enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 24, 1939. HUNTINGOPEN SEASONS. 45-308, 45-310. No. 411. An Act to amend sections 45-308 and 45-310 of the Code of Georgia, which sections provide for an open season for the hunting, so as to provide a different date for the commencement of the open season for the hunting of game in certain territory 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. Section 45-308 of the Code of Georgia is hereby amended by adding to such section the following, to-wit: Provided, however that in the section of this State now embraced within the territorial limits of the Counties of Chatham, Ben Hill, Bryan, Liberty, McIntosh,

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Glynn, Camden, Charlton, Wayne, Appling, Long, Tattnall, Effingham, Ware, Bulloch, Telfair, Screven and Jeff Davis, the open season for hunting bobwhite quail, cat squirrels and deer, shall begin on November 1st of each year and shall extend, until the day fixed for closing the season as to each respective specie of game or game bird as specified so that the said section as amended shall read Open Season for Hunting. The lawful open season for hunting game birds and animals in this State shall be as follows: 45-308 amended. Bobwhite quail, November 20th to March 1, inclusive; Open seasons. Cat squirrels, October 1 to January 15, inclusive; Deer, November 15 to January 5, inclusive; Doves, September 1 to September 30, inclusive, and November 20 to January 31, inclusive; Marsh hens, September 1 to November 30, inclusive; Migratory duck, November 1 to January 31, inclusive; Snipe November 1 to January 31, inclusive; Summer or wood duck, September 1 to December 31, inclusive; Wild Geese November 1 to January 31, inclusive; Woodcock, September 1 to December 31, inclusive; Provided, however, that in the section of this State now embraced within the territorial limits of the Counties of Chatham, Bryan, Liberty, McIntosh, Ben Hill, Glynn, Camden, Charlton, Wayne, Appling, Long, Tattnall, Effingham, Ware, Bulloch, Telfair, Screven and Jeff Davis, the open season for hunting bobwhite quail, cat squirrels and deer, shall begin on November 1 of each year, and shall extend, until the day fixed for closing the season as to each respective species of game or game birds as specified in this section. Exceptions. Section 2. Section 45-310 of the Code of Georgia is hereby amended by adding immediately after the first sentence of such section the following, to-wit; Provided however, that in the section of this State now embraced

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within the territorial limits of the Counties of Chatham, Ben Hill, Bryan, Liberty, McIntosh, Glynn, Camden, Charlton, Ware, Wayne, Appling, Long, Tattnall, Effingham, Screven and Bulloch, the open season for wild turkeys shall be from November 1st to March 1 of each year, so that the said section as amended shall read as follows Open season for wild turkeys. 45-310 amended. Violation of law as misdemeanor. The open season for hunting, shooting, and killing wild turkeys shall be from November 20 to March 1 of each year, except that in the section of this State now embraced within the territorial limits of the Counties of Chatham, Ben Hill, Bryan, Liberty, McIntosh, Glynn, Camden, Charlton, Ware, Wayne, Appling, Long, Tattnall, Effingham, Screven and Bulloch, the open season for wild turkeys shall be from November 1 to March 1 of each year. Any person violating this section shall be guilty of a misdemeanor. Wild turkeys. Exception. Section 3. All laws and parts of laws in conflict herewith are repealed. Approved March 24, 1939. LICENSING PILOTS. NUMBER. 80-104. No. 106. An Act to amend section 80-104 of the Code of Georgia, providing for the licensing of pilots, by reducing the number of such pilots for the Port of Brunswick, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, section 80-104 of the Code of Georgia, providing for the licensing of harbor pilots shall be and the same

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is hereby amended by striking the figures 12 in the seventh line thereof and inserting in lieu thereof the figure 3; so that said section as amended shall read: The Commissioners of pilotage at each of the ports of this State are empowered to license such persons (being citizens of the United States) of good character as they shall think most fit to act as pilots, for the purpose of conducting vessels inward to and outward from the several ports and rivers for which they shall be licensed during their good behaviour. The number of licensed pilots shall not exceed 20 for the port of Savannah, 10 for the port of Doboy and Darien, 3 for the port of Brunswick, 2 for the Great Satilla River, and 8 for the port of St. Marys; and when vacancies shall occur in the number of pilots in any one of the before-named ports or rivers, the commissioners of that port may in their discretion grant licenses to pilots as hereinbefore provided until the number of pilots reaches the number allowed by this section for that port or river. 80-104 amended. Number of pilots. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 3, 1939. MOTOR CONTRACT CARRIERSDEFINITIONS. 68-502. No. 288. An Act to amend Code Section 68-502Definitions of certain terms used in Chapter, by amending sub-section 2 of said section, by striking the weight limit of 10,000 pounds and by substituting weight limit of 18,850 pounds, 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:

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That Section 68-502 of the Code, sub-section 2 thereof, as follows: 68-502 amended. Motor-vehicles engaged exclusively in the transportation of agricultural and/or dairy products between any of the following points: farm, market, gin, warehouse, or mill, where the weight of the load does not exceed 10,000 pounds, whether such motor-vehicle is owned by the owner or producer of such agricultural or dairy products or not, so long as the title remains in the producer. And the word producer shall include a landlord where the relations of landlord and tenant or landlord and cropper are involved. The phrase agricultural products as used in this Act shall include fruit, live stock, meats, fertilizer, wood, lumber, cotton, and naval stores, household goods and supplies transported to farms for farm purposes, and/or other usual farm and dairy supplies, and including products of grove and/or orchard, and also poultry and eggs, and also fish and oysters, and all country merchants in rural districts who handle poultry and farm products in pursuance to their own business, and not for hire, and timber and/or logs being hauled by the owner thereof, or his agents and/or employees between forest and mill or primary place of manufacturer, be amended by striking the figures 10,000 pounds and by substituting in lieu thereof the figures 18,850 pounds so that sub-section as amended shall read as follows: Motor-vehicles engaged exclusively in the transportation of agricultural and/or dairy products between any of the following points: farm, market, gin, warehouse, or mill, where the weight of the load does not exceed 18,850 pounds, whether such motor-vehicle is owned by the owner or producer of such agricultural or dairy products or not, so long as the title remains in the producer. And the word Producer shall include a landlord where the relations of landlord and tenant or landlord and cropper are involved. The phrase agricultural products as

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used in this Act shall include fruit, live stock, meats, fertilizer, wood, lumber, cotton, and naval stores, household goods and supplies transported to farms for farm purposes, and/or other usual farm and dairy supplies, and including products of grove and/or orchard, and also poultry and eggs, and also fish and oysters, and all country merchants in rural districts who handle poultry and farm products in pursuance to their own business, and not for hire and timber and/or logs being hauled by the owner thereof, or his agents and/or employees between forest and mill or primary place of manufacturer, motor-vehicles used by country merchants in rural districts who handle poultry and farm products, in pursuance of their own business and not for hire. Definitions. All laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1939. OFFICIAL COUNTY ORGAN. 39-1103. No. 112. An Act to amend Section 39-1103 of the Civil Code of Georgia, 1933, providing how and by whom the official organ shall be selected by providing the manner of selecting the official organ when there are two or more newspapers published qualified to be the official organ in all counties in the State of Georgia in which there is a city having a population of not less than 6410 and not more than 6415 according to the official census of the United States for the year 1930 and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of

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this Act section 39-1103 of the Code of Georgia (1933) be and the same is hereby amended by adding a subsection No. 39-1103 (a) which shall read as follows: 39-1103 amended. Section 2. Provided, that in all counties in the State of Georgia in which there is a city having a population of not less than 6410 and not more than 6415 according to the official census of the United States of the year 1930, where there are published two or more journals or newspapers qualified under this section to be the official organ of any county, then and in that event the said officers shall rotate every two years the official printing between said newspapers, provided said papers are published at the county site. Selecting organ in certain counties. Section 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 3, 1939. ORDINARIESFEES. 24-1716. No. 132. An Act to repeal Section 24-1716 of the Code of Georgia of 1933 (Section 4827 of the Code of 1910) and to substitute in lieu thereof a new section to be numbered 24-1716, and in such substituted section to fix the fees to which the Ordinaries of this State are entitled, and to provide that the list of fees therein provided shall not be exhaustive; 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 Code Section 24-1716 of the Georgia Code of 1933 (Section 4827 of the Code of 1910), which provides the fees which the Ordinaries of this State

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are entitled to be, and the same is hereby repealed; and the following section shall be substituted in lieu thereof, to be numbered Section 24-1716 and to read as follows: 24-1716 repealed. 24-1716 (4827). Fees in GeneralThe Ordinaries are entitled to the following fees, to-wit: New section. Fees. LETTERS OF ADMINISTRATION. TEMPORARY. Receiving Application $ 2.00 Docketing and filing Application $ 3.00 Order 75, recording Order 75 $ 1.50 Recording Proceedings $.40 Bond, Taking and Recording $ 1.50 Oath 50, Recording 75 (Same as Order) $ 1.25 Letters $ 2.25 Recording Letters $.75 LETTERS OF ADMINISTRATION. PERMANENT. Receiving Application $ 2.00 Docketing and filing Application $ 3.00 Granting Citation $ 1.00 Publication Order 75, recording Order 75 $ 1.50 Recording Proceedings $.40 Bond, Taking and Recording $ 1.50 Oath 50, Recording 75 (Same as order) $ 1.25 Letters $ 2.25 Recording Letters $.75 WILLS. COST OF PROBATING IN COMMON FORM. Receiving Application $ 2.00 Docketing and Filing Application $ 3.00

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Order 75, Recording 75 $ 1.50 Recording Proceedings $.40 Signing Probate $ 2.00 Recording Will, per 100 words 20 cents Certificate and Seal $ 1.50 Copy of Will, per 100 words 20 cents Letters, Issuing and Recording $ 2.25 WILLS. COST OF PROBATING IN SOLEMN FORM Receiving Application $ 2.00 Docketing and Filing Application $ 3.00 Order 75, Recording Order 75 $ 1.50 Recording Proceedings, per 100 words 20 cents Signing Probate or Codicil $ 2.00 Recording Will, per 100 words 20 cents Copy of Will, per 100 words 20 cents Letters, Issuing and Recording $ 2.25 Certificate and Seal $ 1.50 Hearing if Litigated $ 4.00 Publication (where heirs live outside State) Sheriff's Fees (where heirs are served) Order Appointing Guardian ad-litem $ 1.25 Answer of Guardian $ 1.50 Copy of Service, each $.50 Duplicate Letters 50 each where more than one Executor Renunciation of Executorship and Order $ 1.25 Election of Widow to take under Will and Order $ 1.25 LETTERS OF GUARDIANSHIP. Receiving Application $ 2.00 Docketing and filing Application $ 3.00 Order 75, Recording Order 75 $ 1.50 Bond, Taking and Recording $ 1.50 Letters, Issuing and Recording $ 2.00 Proceedings $.40

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YEAR'S SUPPORT. Receiving Application $ 2.00 Docketing and filing Application $ 3.00 Order appointing Commissioners $.75 Commission to Appraisers $ 2.00 Order for Citation $.75 Final order and Recording $ 1.50 Publication Recording Return of Commissioners, per 100 words 20 cents. DIVISION IN KIND. Receiving Application $ 2.00 Docketing and filing Application $ 3.00 Order appointing Freeholders $.75 Recording Order $.75 Commission to Freeholders $ 2.00 Recording Proceedings, per 100 words 20 cents Recording Plat (See Clerk's Fees) $ 1.00 Publication COMPROMISE CLAIM. Receiving Application $ 2.00 Docketing and filing Application $ 3.00 Order 75, Recording Order 75 $ 1.50 Recording Proceedings, per 100 words 20 cents RETURNS. Receiving, filing and docketing, and examining annual and final returns of administrators, executors, and guardians of all estates not worth more than five thousand dollars $ 3.00 and 20 cents for recording each voucher filed with the return, oath 50, order 75 $ 1.25

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Receiving, filing and docketing, and examining annual and final returns of administrators, executors and guardians of all estates worth more than five thousand dollars $ 6.00 and 20 cents for recording each voucher filed with the return, oath 50, order 75 $ 1.25 DISMISSION OF ADMINISTRATOR, EXECUTOR, OR GUARDIAN. Receiving Application $ 2.00 Docketing and filing Application $ 3.00 Granting Citation $ 1.00 Order and Letters Dismission $ 1.50 Publication HABEAS CORPUS Receiving Application $ 2.00 Docketing and filing Application $ 3.00 Order 75, Recording Order 75 $ 1.50 Recording Proceedings $.40 Hearing case $ 4.00 ORDER FOR TITLE. Receiving Application $ 2.00 Docketing and filing Application $ 3.00 Granting Citation $ 1.00 Order 75, Recording 75 $ 1.50 Recording Proceedings $.40 Publication ESTABLISH LOST PAPERS. Receiving Application $ 2.00 Docketing and filing Application $ 3.00 Hearing Case $ 4.00 Order 75, Recording Order 75 $ 1.50 Recording Proceedings $.40

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HOMESTEADS. For the whole service in setting apart a homestead of realty and personalty when not litigated $ 9.00 When objections or demurrer is filed and heard in addition to the proceeding (nine dollars) $ 4.00 Publication Surveyor $ 5.00 Clerk Superior Court for recording, 20 cents per 100 words Plat $ 1.00 EXEMPTIONS. For whole service in setting apart short homestead exemption $ 2.00 Certified copy to party $ 1.00 LUNACY. For whole service in connection with lunacy cases $10.00 INVENTORY AND APPRAISEMENT. Receiving Application $ 2.00 Warrant of Appraisement, Signing $ 1.00 Order 75, Recording Order 75 $ 1.50 Recording, per 100 words 20 cents For oath and recording $.75 SALE OF REALTY OR PERSONALTY Receiving Application $ 2.00 Docketing and filing Application $ 3.00 Order 75, Recording Order 75 $ 1.50 Granting Citation $ 1.00 Recording Proceedings $.40 Publication

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SALE OF PERISHABLE PROPERTY. Receiving Application $ 2.00 Docketing and filing Application $ 3.00 Order 75, Recording Order 75 $ 1.50 Recording Proceedings $.40 SALE BILL. Order 75, Recording Order 75 $ 1.50 Return, minimum $ 1.75 MISCELLANEOUS. For filing and Docketing any application, petition, or case where no fees are prescribed $ 3.00 For every case litigated before the Ordinary where no fees are prescribed $ 4.00 For every order passed where no fees are prescribed $.75 Provided that no fee shall be charged for drawing checks, orders, drafts, or warrants on the County treasury or County Depository. For each affidavit where no case is pending before Ordinary $.50 For every service required and performed where no fees are specified, the same fees as are allowed the clerks of the Superior Courts for similar services for a like amount of labor shall be allowed. Where fee not specified. For issuing process against person for not making return $.75 For each additional copy $.75 For rule nisi $.75 For copy $.50 For each subpoena $.15 For recording any instrument of writing not herein mentioned, per 100 words 20 cents

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For entering an appeal and transmitting the proceedings to Superior Court $ 1.50 For filing and recording an official bond of County Officers (to be paid by County) $ 1.50 For taking and recording oath of County Officers (to be paid by County) $ 1.25 For each fi. fa. issued by the Ordinary $ 1.50 For seal and certificate, each $.75 For every soldier's license $ 1.00 For every explosive permit $.25 For every Peddler's License $ 1.50 For certified copy of Letters Administration, Letters Testamentary, or Guardianship, including seal and Certificate $ 1.50 For services in making settlement of accounts of Executors, Administrators, and Guardians (when contested) $12.00 For filing and docketing any caveat against administration being granted or Will approved $ 2.00 For registration of corporation, business, profession, or commodity subject to special tax, each $ 1.00 For every Application for Marriage License (whole service) $ 2.00 For every Marriage License, issuing, and recording (whole service) $ 2.00 For every Pistol License, Application, and Bond $ 2.00 For preparing all papers, appointing managers, consolidating returns in General and Special Election, each ballot box $ 3.00 For granting citation to show cause why administrator should not be set aside or replaced $ 3.00 For issuing commission to examine witnesses $ 2.00 For examining book and giving extracts $ 1.50

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For every stray horse, mule, or ass, for every legal service required $ 3.00 For every stray bull, or ox, or cow, for all services required $ 1.75 For every stray goat, hog, or sheep $.50 For every Retailer's License $ 1.25 For copying and administering oath to retailer $.75 For recording marks and brands $.50 For comparing and testing weights and measures and stamping and marking each $.15 For abstracts of all records per 100 words 20 cents For services in His Action upon the Roster of each Company of State Troops in Civil War, Where No Objections Filed (Acts of 1897, page 107) $ 3.00 For all services where objections are filed, in addition to the above $ 5.00 For each new named on the list of Disqualified voters, each year prepared, listed and filed $.01 Entire service in so listing not to be less than (including said fees) per day $ 2.00 For services in election contests, for removal of County sites, per day $ 2.00 For proceedings under adulterated Syrup Act (Acts 1902, page 102) $ 3.00 For issuing license to one engaged in business lending money on household goods, etc. (Acts of 1904, page 83) $ 1.50 For receiving deposit of sample of fertilizer, each $.10 For forwarding copy of a defaulting taxpayers' corrected return and affidavit to the Comptroller General to be paid by taxpayers $ 1.00

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For services in Toll-Bridge cases $ 5.00 For hearing election contests, to be taxed as costs per day $ 2.00 The schedule of fees herein contained shall not be deemed or held to be exhaustive, and the Ordinaries of this State shall be entitled to charge and collect any other fees for their services as now provided by law unless the same is in conflict with the provisions hereof. The fees herein prescribed for the Ordinaries of this State shall be applicable to all of the Ordinaries of this State, it being the intention of this Act that the fees of such Ordinaries as set out herewith in this Act shall be uniform in all of the Counties of the State. Application. 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, including Acts 1920, pages 222,223,224 and 225. Approved March 4, 1939. ORDINARIESMARRIAGE LICENSE VIOLATIONS. 53-208. No. 96. An Act to amend Section 53-208 of the Code of 1933 by striking in the last two lines of said section the words at the suit of the clerk of the superior court, and added to the educational fund of the county and inserting in lieu of such striken words a provision so as to permit the bringing of the suit under this section by the father or mother, if living, and if not, father or mother, the guardian or legal representative of either of such contracting parties; to provide that only one suit can be maintained in connection with any one marriage; to

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provide the limitation for bringing such action; to provide for the disposition of the forfeiture; 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 on and after the passage of this Act Section 53-208 of the Code of 1933 is hereby amended by striking from the last two lines of said section the words at the suit of the clerk of the superior court, and added to the educational fund of the county and substituting in lieu thereof the following words and provisions: 53-208 amended. At the suit of the father or mother, if living, and if not, father or mother, the guardian or legal representative of either of such contracting parties provided that under no circumstances shall more than one suit be maintained by the father or mother, guardian or legal representative of either of such contracting parties in connection with any one marriage; and provided further that no such action shall be brought prior to the expiration of sixty days from the date that such marriage becomes public and no suit hereunder shall be maintained after the expiration of twelve months from date such marriage becomes public. A recovery shall be had against the offending ordinary and his bondsmen and the recovery shall be equally divided between the persons bringing such suit and the county educational funds of the county of such ordinary's residence, after first deducting therefrom a reasonable attorney's fee to be paid plaintiff's counsel, to be fixed by the trial judge presiding in said case. So that said section, when so amended, shall read as follows: Any ordinary who by himself or clerk shall fail to post in his office the required notice pertaining to the application, or who shall issue a license in violation of the time provision, or who shall knowingly grant a license without the

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required consent or without proper precaution in inquiring into the question of minority, or who shall issue a license for the marriage of a female to his knowledge domiciled in another county, shall forfeit the sum of $500 for every such act, to be recovered at the suit of the father or mother, if living, and if not, father or mother, the guardian or legal representative of either of such contracting parties; provided that under no circumstances shall more than one suit be maintained by the father or mother, guardian or legal representative of either of such contracting parties in connection with any one marriage; and provided further that no such action shall be brought prior to the expiration of sixty days from the date that such marriage becomes public and no suit hereunder shall be maintained after the expiration of twelve months from date such marriage becomes public. A recovery shall be had against the offending ordinary and his bondsmen and the recovery shall be equally divided between the persons bringing such suit and the county educational funds of the county of such ordinary's residence, after first deducting therefrom a reasonable attorney's fee to be paid plaintiff's counsel, to be fixed by the trial judge presiding in said case. Illegal grant of license. Suit. Time limit. Disposition of forfeit. Section 2. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved February 28, 1939. ORDINARIESMARRIAGE LICENSE VIOLATIONS. 53-208. No. 259. An Act to amend an Act approved February 28, 1939, which amended Section 53-208 of the Code of 1933, by striking the last sentence of Section 1 of said Act and substituting in lieu thereof a new sentence so as to

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provide that from the recovery had against the offending ordinary, court costs and attorney's fees to be first paid, and one-third of the remainder shall be paid to the person bringing the suit, and the remaining two-thirds shall be paid to the educational fund of the county of the residence of the ordinary; and to provide that said Act shall not apply to marriages in which both parties are more than eighteen years of age; 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 on and after the passage of this Act, Section 1 of an Act approved February 28, 1939, amending Code Section 53-208 of the Code of 1933, be, and the same is hereby, amended by striking the last sentence of said section in its entirety, and inserting in lieu thereof the following sentence: Act of 1939 amended. A recovery shall be had against the offending ordinary and his bondsmen, and from such recovery a reasonable attorney's fee, to be fixed by the presiding judge trying the case, shall be paid to the attorney representing the person bringing the suit, and, after the payment of court costs, then one-third of the remainder of said recovery shall be paid to the person bringing the suit and the remaining two-thirds shall be paid to the county educational fund of the county of such ordinary's residence. Said Section 1 is further amended by adding at the end of said Section the following proviso: Provided, that no recovery shall be had for any alleged violation involving marriages in which both parties are more than eighteen years of age. So that when said Section is so amended, the same shall read as follows:

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Any ordinary who by himself or clerk shall fail to post in his office the required notice pertaining to the application, or who shall issue a license in violation of the time provision, or who shall knowingly grant a license without the required consent or without proper precaution in inquiring into the question of minority, or who shall issue a license for the marriage of a female to his knowledge domiciled in another county, shall forfeit the sum of $500 for every such act, to be recovered at the suit of the father or mother, if living, and if not father or mother, the guardian or legal representative of either of such contracting parties; provided that under no circumstances shall more than one suit be maintained by the father or mother, guardian or legal representative of either of such contracting parties in connection with any one marriage; and provided further that no such action shall be brought prior to the expiration of sixty days from the date that such marriage becomes public and no suit hereunder shall be maintained after the expiration of twelve months from date such marriage becomes public. A recovery shall be had against the offending ordinary and his bondsmen, and from such recovery a reasonable attorney's fee, to be fixed by the presiding judge trying the case, shall be paid to the attorney representing the person bringing the suit, and, after the payment of court costs, then one-third of the remainder of said recovery shall be paid to the person bringing the suit and the remaining two-thirds shall be paid to the county educational fund of the county of such ordinary's residence. Provided, that no recovery shall be had for any alleged violation involving marriages in which both parties are more than eighteen years of age. Illegal grant of license. Suit. Time limit. Disposition of forfeit. Proviso. Section 2. That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved March 24, 1939.

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PUBLIC SERVICE COMMISSION. 93-205. No. 74. An Act to amend Title 93, Chapter 93-2 of the Code of Georgia (1933) by striking Section 93-205 which provides for the suspension of the Public Service Commissioners by the Governor, and the action of the General Assembly thereon; 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 Code Section 93-205 which reads as follows: 93-205 repealed. Any commissioner may be suspended from office by order of the Governor, who shall report the fact of such suspension and the reason therefor to the next General Assembly; and if a majority of each branch of the General Assembly do declare that said commissioner shall be removed from office, his term of office shall expire. In any case of suspension, the Governor may fill the vacancy until the suspended commissioner is restored or removed. be, and the same is hereby repealed. Suspension by Governor. Section 2. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved February 22, 1939. SAFE AND UNSAFE CROSSINGS. Chapter 95-18. No. 200. An Act to amend Chapter 95-18 of the Code of Georgia of 1933, relating to the designation of railroad crossings as safe or unsafe, requiring crossings designated as unsafe

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to be so marked and regulating motor vehicle traffic at crossings so marked by providing for the enforcement or provisions of said chapter, prescribing the duties of the Georgia State Patrol with reference thereto; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Chapter 95-18 of the Code of Georgia of 1933, relating to the designation of railway crossings as safe or unsafe, requiring crossings designated as unsafe to be so marked and persons operating motor vehicles to come to a stop before proceeding upon such crossings, regulating motor vehicle traffic at such crossings, and prescribing the effect in any action for damages of a failure to observe the provisions of said chapter, be and the same is hereby amended by adding at the end thereof a new section, to be numbered Section 95-1808 [95-1809] and to read as follows: Chap. 95-18 amended. The Georgia State Patrol created as a division of the Department of Public Safety by the Act of 1937, is hereby especially charged with the duty of enforcing the provisions of this chapter, and the members of said Georgia State Patrol shall have and exercise the same duties respecting the enforcement of the provisions of this chapter as they have and exercise with respect to other provisions of the law relating to the operation of motor vehicles. Any person violating any provision of this chapter may be arrested upon a warrant issued upon the affidavit of any member of the Georgia State Patrol. In the event of such arrest, the offender shall be dealt with as now provided by law with respect to other violations of the laws regulating motor vehicles. New section. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1939.

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SALES FOR MUNICIPAL TAXES. 92-4407. No. 333. An Act to amend Section 92-4407 of the Code of Georgia of 1933, so as to provide that the recitals in a deed under a sale of municipal taxes shall be prima facie evidence of the facts therein recited, 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 92-4407 of the Code of Georgia of 1933, be, and the same is hereby stricken in its entirety, and there is hereby substituted in lieu thereof a new section numbered 92-4407, and to read as follows: 92-4407 amended. The recitals in a deed under a sale of municipal taxes shall be prima facie evidence of the facts recited therein. Recitals in deed prima facie evidence. Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1939. STATE BOARD OF MEDICAL EXAMINERS. 84-903. No. 261. An Act to amend Section 84-903 of the Code of Georgia of 1933 relating to the appointment of members of the State Board of Medical Examiners, so as to provide that members may be appointed without regard to ratio as to the number of members to be appointed from any particular school of medicine; to preserve status of present Board members; 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 84-903 be and it is hereby amended by striking the words five members of which shall be regular physicians, three shall be eclectic physicians, and two shall be homeopathic physicians and the successor of each member shall be appointed in the same manner in the third line of said section after the clause the membership of the Board of Medical Examiners and by striking the words and these appointments shall be so made as to preserve the regular ratio of regulars, eclectics, and homeopaths respectively, in the eleventh line of said section after the clause the expiration of the term of his predecessor, so that when said section is amended it will read as follows: 84-903 amended. The Governor shall appoint ten physicians, who shall possess the qualifications specified in Section 84-902, to constitute the membership of the Board of Medical Examiners. Said members shall be so classified by the Governor that the term of office of two shall expire in one, three in two, two in three, and three in four years from the date of the appointment, and subsequently each successor shall be appointed by the Governor and serve for a term of four years from the time of the expiration of the term of his predecessor. The Governor shall have the power to remove from office any member of the Board for neglect of duty required by this Chapter, for incompetency or for unprofessional conduct. Any vacancy that may occur in said Board in consequence of death, resignation, removal from the State or from other cause shall be filled for the unexpired term by the Governor in the same manner. A majority of the Board shall constitute a quorum. Appointment of members. Section 2. This Act shall not be construed so as to affect the right of any person now serving on said Board to serve out the remainder of the term for which he was appointed.

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Section 3. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1939. STATE BOARD OF PHARMACY. 42-102, 42-103, 42-113. No. 270. An Act to amend Section 42-102 of the Code of Georgia of 1933 relating to the appointment, duties and salary of the Chief Drug Inspector, so as to provide for the appointment of said Inspector by the Georgia State Board of Pharmacy, and to provide that his duties shall be performed under the supervision, direction and control of said Board; to amend Section 42-103 of the Code relating to hearings and prosecutions of violations of the drug laws of this State, so as to vest the authority to hold such hearings and direct prosecutions in the Georgia State Board of Pharmacy and the Attorney General; to amend Code Section 42-113 of the Code of 1933 relating to the examination of specimens of food and drugs, so as to vest in the Georgia State Board of Pharmacy jurisdiction and authority over all matters relating to the misbranding or adulteration of drugs, and hearings with reference thereto; to provide an effective date for this Act; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. That Section 42-102 of the Code of Georgia of 1933, relating to the appointment, duties and salary of the Chief Drug Inspector, be and the same is hereby amended as follows: By striking and repealing the first sentence of said Section and inserting in lieu thereof the following: The Georgia State Board of Pharmacy shall, at the next regular meeting of said Board, appoint a Chief

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Drug Inspector, who shall hold office at the pleasure of the Board, and should any vacancy occur in said office for any cause whatsoever, said Board shall, either at a regular or called meeting, appoint his successor.; by striking and repealing the words Commissioner of Agriculture in line 7 of said Section and inserting in lieu thereof the words Georgia State Board of Pharmacy; by striking and repealing the words Commissioner of Agriculture in line 13 of said Section and inserting in lieu thereof the words Georgia State Board of Pharmacy; by striking and repealing the words Commissioner of Agriculture in line 14 of said Section and inserting in lieu thereof the words Georgia State Board of Pharmacy, or the Secretary of said Board, so that said Section, as amended, shall read as follows: 42-102 amended. The Georgia State Board of Pharmacy shall, at the next regular meeting of said Board, appoint a Chief Drug Inspector, who shall hold office at the pleasure of the Board, and should any vacancy occur in said office for any cause whatsoever, said Board shall, either at a regular or called meeting, appoint his successor. The salary of the chief drug inspector shall not exceed the sum of $3,000 per annum. His whole time shall be at the disposal of the Georgia State Board of Pharmacy and his duties shall be to visit and inspect manufacturing establishments, chemical laboratories and such other establishments as manufacture and put up for sale such articles as are known as family remedies, grocers' drugs, flavoring extracts, flavoring essences, toilet articles, bottlers' supplies, stock powders and veterinary remedies; and to perform such other duties as may be directed by the Georgia State Board of Pharmacy. He shall report to the Georgia State Board of Pharmacy or the Secretary of said Board any and all violations of any of the drug laws of this State and particularly any person operating without licenses as required by laws. Appointment of Chief Drug Inspector. Duties. Section 2. That Section 42-103 of the Code of Georgia of 1933, relating to proceedings to be had on inspector's report,

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be and the same is hereby amended as follows: By striking and repealing the first sentence of said Section and inserting in lieu thereof the following: 42-103 amended. When such report shall have been made to the Board, or to the Secretary thereof, he or they shall cite such person to appear before the Board and the Attorney General for a hearing, as provided in Section 42-113.; by striking and repealing the words Commissioner of Agriculture in lines 5 and 6 of said Section and inserting in lieu thereof the words the Board, so that said Section, as amended, shall read as follows: When such report shall have been made to the Board, or to the Secretary thereof, he or they shall cite such person to appear before the Board and the Attorney General for a hearing, as provided in Section 42-113. If after such hearing they shall decide that any of the drug laws have been violated, the Board shall certify the facts to the proper prosecuting official, as directed in Section 42-113. When such facts shall have been certified to any solicitor general, it shall be his duty to prosecute the offenders, whether the prosecution shall arise under the provisions of this law or under the general laws of this State. Proceedings in drug violations. Section 3. That Section 42-113 of the Code of Georgia of 1933, relating to the examination of specimens of foods and drugs, be and the same is hereby amended as follows: By inserting between the words shall and cause in line 8 of said Section the following: in the case of foods, and the Georgia State Board of Pharmacy shall in the case of drugs; by inserting between the words General and under in line 11 of said Section the words in the case of foods, and before the Georgia State Board of Pharmacy and the Attorney General in the case of drugs,; by inserting after the word Agriculture in line 13 of said Section the words where an adulteration or misbranding of foods is involved, or the Georgia State Board of Pharmacy where an adulteration or misbranding of drugs is

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involved,; by inserting between the words General and that in line 18 of said Section the words in the case of adulterated or misbranded foods, or the Georgia State Board of Pharmacy and the Attorney General in the case of adulterated or misbranded drugs,; by inserting between the words or the Georgia State Board of Pharmacy, as the case may be,; by inserting between the words Commissioner and shall in line 24 of said Section the words or the Board; by striking the words of Agriculture in line 28 of said Section and inserting in lieu thereof the words or Board; so that said Section, as amended, shall read as follows: 42-113 amended. `The examination of specimens of foods and drugs shall be made by the State Chemist or under his direction and supervision for the purpose of determining from such examination whether such articles are adulterated or misbranded within the meaning of this Title; and if it shall appear from any such examination that any of such specimens is adulterated or misbranded within the meaning of this Title, the Commissioner of Agriculture shall, in the case of foods, and the Georgia State Board of Pharmacy shall in the case of drugs, cause notice thereof to be given to the party from whom such sample was obtained. Any party so notified shall be given an opportunity to be heard before the Commissioner of Agriculture and the Attorney General, in the case of foods, and before the Georgia State Board of Pharmacy and the Attorney General in the case of drugs, under such rules and regulations as may be prescribed by them, and if it shall appear that any of the provisions of this Title have been violated by such party, the Commissioner of Agriculture where an adulteration or misbranding of foods is involved, or the Georgia State Board of Pharmacy where an adulteration or misbranding of drugs is involved, shall at once certify the facts to the proper prosecuting attorney, with a copy of the results of the analysis of the examination of such article, duly authenticated by the analyst or officer making such examination,

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under the oath of such officer. In case it shall appear to the satisfaction of the Commissioner of Agriculture and the Attorney General in the case of adulterated or misbranded foods, or the Georgia State Board of Pharmacy and the Attorney General in the case of adulterated or misbranded drugs, that the article involved was shipped in interstate commerce, or the act complained of comes under the supervision and jurisdiction of the United States, the Commissioner of Agriculture or the Georgia State Board of Pharmacy, as the case may be, shall certify the case to the United States district attorney in whose district the violation may have been committed; but if it shall be under the jurisdiction of the courts of this State, the Commissioner or the Board shall certify the case to the solicitor of the court in the county where the offense occurred. It shall be the duty of the solicitor general to prosecute all persons violating any provisions of this Title, as soon as he shall receive the evidence transmitted by the Commissioner or Board. After judgment of the court, notice shall be given by publication in such manner as may be prescribed by the rules and regulations aforesaid. Examination of foods and drugs. Hearings on adulteration and misbranding. Prosecution. Section 4. That the purpose and intent of this Act is to divest the Commissioner of Agriculture of the authority to appoint the chief drug inspector or to supervise, direct or control his duties, and to vest the power of appointing the chief drug inspector in the Georgia State Board of Pharmacy, and to provide that all of his duties shall be performed subject to the supervision, direction and control of said Board; to consolidate all of the powers and functions of the chief drug inspector under the control, supervision and direction of the Georgia State Board of Pharmacy, in the interest of efficiency and of the public health, safety and welfare. However, nothing contained therein shall be construed as to repeal the provisions of Chapter 73-1 of the Code of Georgia of 1933 with reference to the powers, duties and functions of the Chief Drug Inspector in connection with the manufacture, sale or labeling

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of paints, flaxseed or linseed oil, or other matters referred to in said chapter, other than that the duties of the chief drug inspector performed with reference to these matters shall be performed under the supervision, direction and control of the Georgia State Board of Pharmacy. Legislative intent. Section 4 A. The General Assembly shall in the appropriations bill transfer funds now appropriated to the Department of Agriculture for the support of the drug department to the State Board of Pharmacy to carry into effect the provisions of this Act. Transfer of appropriation. Section 4 B. This Act shall become effective January 1, 1941. Section 5. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1939. TORTSHOMICIDE OF WIFE OR MOTHER. 105-1306. No. 181. An Act to amend Section 105-1306 of the Code of Georgia of 1933 relating to recovery on part of husband and/or surviving children for wrongful death of wife or mother, by providing for the bringing of suit by the husband and/or surviving children, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that from and after the passage of this Act that Section 105-1306 of the Code of Georgia of 1933 relating to recovery on the part of the husband and/or surviving children for wrongful death of wife or mother, be and the same is hereby amended by striking the first,

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second and third lines of said section in their entirety and inserting in lieu thereof in said section the words: The husband and/or child or children may recover for the homicide of the wife or mother, and those surviving at the time the action is brought shall sue jointly and not separately, so that said section when amended shall read as follows, to-wit: 105-1306 amended. Section 105-1306. Homicide of wife or mother. The husband and/or child or children may recover from the homicide of the wife or mother, and those surviving at the time the action is brought shall sue jointly and not separately, with the right to recover the full value of the life of the decedent, as shown by the evidence, and with the right of survivorship as to said suit, if either shall die pending the action. Joint suit. Section 2. That all laws and parts of laws in conflict with the law be and the same are hereby repealed. Approved March 14, 1939. WORKMEN'S COMPENSATIONPROVISION REPEALED. 114-413, par. d. No. 52. An Act to amend Paragraph D of Section 114-413 of the Code of Georgia of 1933, by striking from said Paragraph the last sentence, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that Paragraph d of Section 114-413 be amended by striking from said Paragraph the last sentence reading as follows: `The total compensation to be paid all dependents of a deceased employee shall

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not exceed in the aggregate $12.75 per week, so that said Section when amended shall read as follows: 114-413, par. d, amended. 114-413. Death from causes other than injury; death resulting from injury; expenses of last sickness and funeral; dependents. When an employee is entitled to compensation under this Title for an injury received, and death ensues from any cause not resulting from the injury for which he was entitled to the compensation, payments of the unpaid balance for such injury shall cease and all liability therefor shall terminate. Compensation on death of employee. If death results instantly from an accident arising out of and in the course of the employment, or if during the period of disability caused by an accident death results proximately therefrom, the compensation under this Title shall be as follows: (a) The employer shall, in addition to any other compensation, pay the reasonable expenses of the employee's last sickness, and burial expenses not to exceed $100.00. If the employee leaves no dependents this shall be the only compensation. (b) The employer shall pay the dependents of the deceased employee, wholly dependent on his earnings for support at the time of the injury, a weekly compensation equal to 85 per cent of the compensation which is provided for in Section 114-404 for total disability, for a period not exceeding 300 weeks from date of injury. (c) If the employee leaves dependents only partially depending on his earnings for their support at the time of his injury, the weekly compensation for those dependent shall be in the same proportion to the compensation for persons wholly dependent as the average amount contributed weekly by the deceased to the partial dependents bears to his average weekly wages at the time of his injury.

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(d) When weekly payments have been made to an injured employee before his death, the compensation to dependents shall begin on the date of the last of such apyments, but shall not continue more than 300 weeks from the date of the injury nor except during dependency. Amended section. (e) If the employee does not leave dependents, citizens of or residing at the time of the accident in the United States or Dominion of Canada, the amount of compensation shall not in any case exceed $1,000.00. The compensation provided for in this Section shall be payable only to dependents and only during dependency. 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 14, 1939. YEAR'S SUPPORTTAX LIENS DIVESTED. 113-1002. No. 291. An Act to amend existing laws in regard to the provision for year's support for widows or widows and minor children or minor children alone, as embodied in Section 113-1002 of the Code of Georgia of 1933, as amended so as to divest taxes and tax liens against property, an equity of redemption in which is set apart in a year's support, to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 113-1002 of the Code of Georgia of 1933, as amended is hereby amended by adding at the end thereof the following: 113-1002 amended.

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Provided, that all taxes and liens for taxes accrued against property, an equity of redemption in which is embraced in a year's support duly set apart, shall be thereby divested, the same as if the entire title were included in such year's support. So that said Code section, as amended, shall read as follows: Among the necessary expense of administration, and to be preferred before all other debts, except as otherwise specifically provided, is the provision for the support of the family, to be ascertained as follows: Upon the death of any person testate or intestate, leaving an estate solvent or insolvent, and leaving a widow, or a widow and minor child or children, or minor child or children only, it shall be the duty of the ordinary, on the application of the widow, or the guardian of the child or children, or any other person in their behalf, on notice to the representative of the estate (if there is one, and if none, without notice), to appoint five discreet appraisers; and it shall be the duty of such apraisers, or a majority of them, to set apart and assign to such widow and children, or children only, either in property or money, a sufficiency from the estate for their support and maintenance for the space of 12 months from the date of administration, in case there is administration on the estate, to be estimated according to the circumstances and standing of the family previous to the death of the testator or intestate, and keeping in view also the solvency of the estate. If there is a widow, the appraisers shall also set apart, for the use of herself and children, a sufficient amount of the household furniture. The amount set apart for the family shall in no event be less than the sum of $100; and if it shall appear upon a just appraisement of the estate that it does not exceed in value the sum of $500, it shall be the duty of the appraisers to set apart the whole of said estate for the support and maintenance of such widow and child or children, or, if no surviving widow, to the lawful guardian of the child or children, for their benefit. Provided, that all taxes and

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liens for taxes accrued against property, an equity of redemption in which is embraced in a year's support duly set apart, shall be thereby divested, the same as if the entire title were included in such year's support. Year's support. Added provision. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 24, 1939.

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TITLE VI. GENERAL CIVIL AND PENAL LAWS. ACTS. Agricultural Pursuit and Farmer Defined. Athletic Commission Abolished. Bankruptcy Proceedings, Record of. Bleckley Mountain. Building and Zoning Laws in Counties. Bill-Boards. Building Codes and Regulations. Charters of Corporations. Chiropractice Practice. Civil Service Board in CitiesAmended. Civil Service in County School Systems. Contempt TrialsSupersedeas. Contracts Between Certain Counties and Cities for Governmental Functions. Contracts of Office Holder with Municipal Corporations. Cooperative Insurance Exchanges. County Board of Education. County Board of Education Election. County Board of Education Election. County Budget. County Highway Contracts. County Police Pensions. Criminal TrialsSentences. Dangerous Drug Act. Depositions. DivorceAdvance Deposit for Costs. DivorceAdvance Deposit for Costs. Driving and Traffic Regulations. Accident Reports. ElectionsCandidates for General Assembly. ElectionsCandidates for General Assembly. ElectionsConstitutional Amendments. ElectionsHours of Voting. ElectionsHours of Voting. ElectionsIllegal Practices in Primaries. ElectionsMunicipal Primaries. ElectionsSenate Nominations. Electric Membership Corporations. EvidenceInspection Certificates. Fish DealersWholesalers' License Fees. Foreign Medical Practitioners and Pharmacists. Goats at Large Prohibited. Goats at Large Prohibited. Goats at Large Prohibited. Goats at Large Prohibited. Goats at Large Prohibited. Highway Refunding Certificates. Hog Colera Prevention. Incorporation of TownsAct of 1872 Repealed. Industrial BoardRetirement.

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Intracoastal Waterway Commission. Junk Dealers Regulated. Justices of the PeaceCompensation. Landowner's Action for Converted Trees. LandTitle Registration LawAmendment Repealed. Libel. Limitation for Equity Intervention. Lis Pendens. Motor VehiclesAllocation of License Fees. Municipal Hospitals. Non-Profit, Cooperative, Marketing Associations' Powers Enlarged. Pensions MunicipalAmending Act. Photostatic Copies by Clerks. Plumbers and Steam Fitters. Police PensionsAmending Act. Private BanksExchange on Checks. Registration of Voters where Records Destroyed. RevenueCertificate Law Amended. School Bonds as Investments. Spawning CrabsTaking Restricted. Special Criminal Bailiffs. SubdivisionsCounty Regulation. Tax-Collectors' and Receivers' Fees. Teachers' Retirement Fund. Title Insurance. Trapping Foxes Prohibited. Trapping Predatory Animals. Uniform Stock Transfer Act. Welfare InstitutionsSurplus Products and Pay Patients. Western and Atlantic Air Rights. Western and Atlantic Warrants. Zoning Laws in Counties. Zoning Laws in Counties. AGRICULTURAL PURSUIT AND FARMER DEFINED. No. 73. An Act to provide that the planting, cultivation, harvesting and marketing of trees shall be considered an agricultural pursuit under the laws of Georgia, and to amend Code Section 67-1107 of the Code of Georgia (1933) defining the words crops and growing crops as used in statutes relating to bills of sale, mortgages, etc., by providing that naval stores operators or manufacturers and also the original producers of turpentine products shall be known and designated as farmers; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. That the planting, growing, cultivation, harvesting and marketing of trees and the fruits and products thereof shall be considered and treated under the laws of Georgia as an agricultural pursuit. Trees and fruits. Section 2. That Section 67-1107 of the Code of Georgia (1933) defining crops and growing crops, be and the same is hereby amended by adding thereto the following: 67-1107 amended. Every original producer or original manufacturer of crude gum (oleoresine) from which is derived or may be derived gum spirits of turpentine and gum rosin and his employees are hereby declared to be, for all intents and purposes, farmers in so far as any statute of this State relates to farming and farmers. Gum producers called farmers. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 22, 1939. ATHLETIC COMMISSION ABOLISHED. No. 235. An Act to repeal an Act entitled An Act to regulate boxing, sparring, and wrestling exhibitions in Georgia; to create a State Athletic Commission; prescribing its powers and duties; providing for licenses and permits for those conducting matches and exhibitions, the contestants and referees; limitations on number of licensed matches and when and where exhibitions are to be held; physical examination on contestants; excepting amateur matches and those held by schools and colleges; naming offenses by contestants; providing penalties for violation of the provisions hereof; providing compensation and expenses of the commission; providing for tax on gross receipts and fees; authorizing

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municipal commissions to continue; repealing sections of an Act therein named; and for other purposes. Approved March 30th, 1937. 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 General Assembly of Georgia entitled An Act to regulate boxing, sparring, and wrestling exhibitions in Georgia; to create a State Athletic Commission; prescribing its powers and duties; providing for licenses and permits for those conducting matches and exhibitions, the contestants and referees; limitations on number of licensed matches and when and where exhibitions are to be held; physical examination of contestants; excepting amateur matches and those held by schools and colleges; naming offenses by contestants; providing penalties for violation of the provisions thereof; providing compensation and expenses of the Commission; providing for tax on gross receipts of matches and exhibitions authorized; disposition of receipts and fees; authorizing municipal commissions to continue; repealing sections of an Act therein named; and for other purposes, approved March 30th, 1937, be and the same is hereby repealed. Athletic Commission abolished. Section 2. All Acts and parts of Acts in conflict with this Act are hereby repealed. Approved March 24, 1939. BANKRUPTCY PROCEEDINGS, RECORD OF. No. 265. An Act to authorize and provide the effect of docketing, indexing and recording certified copies of petitions commencing proceedings under the Bankruptcy Act of the United States, decrees of adjudication in such

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proceedings, and orders approving bonds of trustees appointed in such proceedings; to make it the duty of clerks of superior courts to docket, index, and record such copies; to provide fees for such docketing, indexing and recording; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same that: Section 1. A certified copy of a petition, with schedules omitted, commencing a proceeding under the Bankruptcy Act of the United States, or of the decree of adjudication in such proceeding, or of the order approving the bond of the trustee appointed in such proceeding, may be filed and recorded in the office of the clerk of the superior court of any county in the same manner as deeds. It shall be the duty of the clerks to docket and index under the name of the bankrupt and record such certified copies filed for record in the same manner as deeds. Clerks shall be entitled to the same fees for docketing, indexing, and recording such copies as for docketing, indexing, and recording deeds. Bankruptcy petition, decree, or order recorded in same manner as deeds. Section 2. Unless a certified copy of such petition, with schedules omitted, decree, or order has been recorded in any county wherein the bankrupt owns or has an interest in real property, the commencement of a proceeding under the Bankruptcy Act of the United States shall not be constructive notice to or affect the title of any subsequent bona fide purchaser or lienor of real property in such county for a present fair equivalent value and without actual notice of the pendency of such proceeding: Provided, however, That where such purchaser or lienor has given less than such value, he shall nevertheless have a lien upon such property, but only to the extent of the consideration actually given by him. The exercise by any court of the United States or of this State of jurisdiction to authorize or affect a judicial sale of real

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property of the bankrupt within any county in this State shall not be impaired by the pendency of such proceeding unless such copy be recorded in such county, as aforesaid, prior to the consummation of such judicial sale: Provided, however, that this section shall not apply to the county in which is kept the record of the original proceedings under the Bankruptcy Act. Notice to subsequent purchaser. Section 3. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 24, 1939. BLECKLEY MOUNTAIN. No. 396. An Act to bestow the name of Bleckley upon the mountain in Rabun County, now generally known as Screamer Mountain, 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 in honor of the departed Logan E. Bleckley, former Chief Justice of the Supreme Court of Georgia and distinguished citizen of Rabun County noted for high character and profound knowledge of law and his great love for nature and truth; and in honor of his son the late Logan Bleckley, to whom the traits of the sire descended, the name of Bleckley be and the same is hereby bestowed upon the grand mountain standing east and near the beautiful City of Clayton in Rabun County, now generally known as Screamer Mountain. Screamer Mountain renamed. Approved March 24, 1939.

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BUILDING AND ZONING LAWS IN COUNTIES. BILL-BOARDS. No. 283. An Act to authorize the Board of County Commissioners of Roads and Revenues, or other fiscal agent, in all counties having population under the 1930 United States Census of not less than 72,500, and not more than 73,500, and in any county under any future United States Census having a population within said limits; to name and designate a building inspector for such parts of any such county that may lie without the limits of any incorporated village, town, or city; to empower said County Commissioners to make all necessary rules and regulations in reference to the construction of any buildings, additions and repairs to old buildings, and in reference to chimneys, flues or heating apparatus, and to provide a distance that any new building or addition to an old building shall be from any public highway within said limits outside any municipality; to provide that such Commissioners, or other fiscal agent of such counties, shall have the power to zone any territory within said limits outside of any municipality; to provide by ordinance or ordinances for the condemnation and destruction of any unsafe building outside a municipality; to require the making safe of any defective building within said limits outside of the municipality; to provide a penalty for failure to comply with such ordinance or ordinances after such condemnation and for an execution therefor, and the disposition of the proceeds thereof and a penalty for violation of any ordinance hereunder; to regulate the placing of signs and bill-boards upon all such highways and on public or private property adjacent to such highways within any such county outside of a municipality; to provide by ordinance the violation of any ordinance or ordinances promulgated hereunder

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shall be punished as for a misdemeanor; to provide that Act No. 133, approved January 10, 1938, 1937-1938 Extra Session, shall not be in conflict, but independent of, the authority conferred by this Act; to repeal certain conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: That the Board of County Commissioners of Roads and Revenues, or other fiscal agent of such counties in all counties having a population under the 1930 United States Census of not less than 72,500, and not more than 73,500, and in any county under any future United States Census having a population within said limits, are hereby clothed with the following powers: Applicable to certain counties. Section 1. To name and designate a building inspector in any such county coming within said population limits under any present or future United States Census; to provide that any official or employee of said county under the jurisdiction of said Commission shall be exofficio building inspector for such parts of any county coming within said population limits under any present or future United States Census as may lie without the limits of any incorporated village, town, or city. Building inspector. Section 2. That said County Commissioners shall be, and are, hereby authorized to make all necessary rules and regulations in reference to the construction of any buildings, additions and repairs to old buildings, and in reference to chimneys, flues or heating apparatus, and provide a distance that any new building or addition to an old building shall be from any public highway within said limits. Building regulations. Section 3. That no building now or hereafter built shall be altered until it has been examined and the plans therefor have been approved by the inspector of buildings

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as being in a good and safe condition to be altered as proposed. Alteration of buildings. Section 4. The said Commissioners shall have the power to zone any territory within said limits outside of such incorporated village, town or city as to the territory in which any particular class of building or buildings shall be built, that is, as to residences, stores, filling stations, tourist cabins, manufacturing plants, places of business for the sale of beer or intoxicating liquors, and each and every other sort of building. Zoning. Section 5. That a building within the meaning of this Act shall be a structure of connected series of structures for the support, shelter or enclosure of persons, animals or chattels. Definition of building. Section 6. To provide by ordinance for the condemnation and destruction of any unsafe building within said limits, and to require the making safe of any defective building within a reasonable time, or the destruction of the same. Upon failure to comply with which by the owner, same to be condemned and destroyed by the said County Commissioners, or by their agent or agents at the expense of such owner of such building upon ten days notice that such action is contemplated by said County Commissioners, so as to enable such owner to appear before said Commissioners and contest the same. The owner or party having an interest in such unsafe building or structure shall forfeit and pay as a fine for every days continuance of, after such condemnation, a sum of not less than One ($1.00) Dollar, nor more than Five ($5.00) Dollars, for each day thereafter until said condition is remedied. An execution therefor shall issue by said Commissioners and be levied as other executions, and the proceeds thereof to be paid into the County Treasury in addition to any fine that may be imposed for violating the terms of any ordinance passed by virtue of the authority herein conferred. Unsafe buildings.

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Section 7. To regulate the placing of signs and billboards upon all public highways, and on public or private property adjacent to such highway within any such county coming within said population limits under any present or future United States Census, outside the limits of any incorporated village, town, or city. Signs on highway. Section 8. To provide by ordinance or ordinances that the violation of any of the provisions of any ordinances that may be enacted by said Commissioners by virtue of the authority conferred by this Act shall be a misdemeanor and be punished as provided by Section 27-2506 of the Code of Georgia Annotated. Punishment for violation. Section 9. Be it further enacted by the authority aforesaid that the provisions of this Act shall be construed as independent and not in conflict with Act No. 133 approved January 10, 1938, (Acts Extra Session 1937-1938, pp. 414-415) and the authority hereby conferred may be exercised independent of said Act or said Board of Commissioners may in reference to zoning Act within the provisions of said Act, if and when such Act is applicable to such counties. Section 10. That all laws, or parts of laws, in conflict herewith are hereby repealed. Approved March 24, 1939. BUILDING CODES AND REGULATIONS. No. 300. An Act to amend an Act approved March 20, 1937 as contained in the published Acts of 1937, pages 583 to 587 inclusive relating to the adoption of rules and regulations as to construction and repair of buildings, including rules and regulations relating to plumbing and electrical work in all counties of this State having a population of 200,000 or more inhabitants by the U. S. census

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of 1930 or any future U. S. Census, in order to make said Act applicable in all counties of this State in which there is located or situated a City either in whole or part having a population of 200,000 or more inhabitants by the U. S. Census of 1930 or any future U. S. Census and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same that from and after the passage of this Act, Section 1 of the Acts of the General Assembly approved March 20, 1937 as contained in the Acts of 1937 page 584 to amend and the same is hereby amended by striking from said section the following words, having a population of 200,000 inhabitants or more by the U. S. Census of 1930 or any future Census, and inserting in lieu thereof the following words, having situated either in whole or in part a city having a population of 200,000 inhabitants or more by the U. S. Census of 1930 or any future U. S. Census, so that said Section when amended shall read as follows: Act of 1937 amended. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of same, That the commissioners of roads and revenues of other county authorities having charge of the roads and revenues of all counties in this State having situated either in whole or in part a city having a population of 200,000 inhabitants or more by the U. S. Census of 1930 or any future U. S. Census are hereby authorized and empowered to make, adopt, alter, amend, change, repeal and prescribe building codes, rules and regulations concerning, affecting or relating to the construction, erection, equipment, alteration, repair, changing or removal of buildings, houses and any structure whatsoever in the several counties of the State outside of the incorporated limits of any municipality, including codes, rules and regulations relating to plumbing, electrical work and all matters included or embraced in

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the erection, construction, equipment, alteration, repair, changing or removal of buildings, houses or any structure of any kind. Building regulations in certain counties. Section 2. All laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1939. CHARTERS OF CORPORATIONS. No. 72. An Act to provide for the renewal, extension or revival of charters of corporations granted by the Legislature or by the Secretary of State, 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 in all cases where any corporation organized under a charter granted by an Act of the Legislature of this State, or by the Secretary of State, is now, and has been since its organization continuously, engaged in business under said charter such corporation may, at any time, renew, extend or revive its charter for an additional period of thirty years, and may within such additional period renew, extend or revive its charter one or more times and from time to time whenever it desires, each renewal, extension or revival to be for a period not exceeding thirty years, by filing with the Secretary of State a petition signed in the corporation name stating the name of the corporation, when incorporated, giving the date of the original Act of incorporation and all amendments thereto, if incorporated under an Act of the Legislature, or the date of its incorporation by the Secretary of STate and all amendments thereto, in cases of corporations organized under a charter granted by the Secretary of State, and that it desires a renewal, extension or revival of its charter as set out in the Act or order of

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original incorporation and all amendments thereto, and paying to the Secretary of State a fee of $100.00, to be covered by him into the Treasury of the State, and filing along with said petition a resolution duly passed by a majority of the stockholders of such corporation at a meeting held for the purpose of passing such resolution duly certified by the president and the secretary of such corporation expressing the purpose to continue business under said charter and requesting the renewal, extension or revival of its charter. Renewal, extension, or revival of charters. Procedure. Section 2. Be it further enacted, That upon the filing with the Secretary of State of the petition and resolution as set out in Section 1 of this Act and the payment of the fee therein provided for, the Secretary of State shall thereupon issue to the petitioning corporation a certificate of the renewal, extension or revivor of the charter of said corporation as provided for in Section 1 of this Act, provided however, that such applicant shall file with the Secretary of State an affidavit from the editor or publisher of the newspaper in which sheriff's advertisements are published in the County of the principal office of the applicant showing that there has been deposited with said newspaper the cost of publishing four insertions of said application of renewal or revival once a week for four weeks, however, it shall not be necessary that any or all of said advertisements appear before such charter is renewed, extended or revived. Certificate of renewal, etc. Section 3. Be it further enacted, That any corporation whose charter is renewed, extended or revived under this Act shall become subject to all laws of this State of force at the time of such renewal, extension or revivor. Section 4. 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 22, 1939.

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CHIROPRACTIC PRACTICE. No. 253. An Act to amend an Act entitled An Act to authorize and regulate the practice of Chiropractic in the State of Georgia, etc., providing for four years of nine months each college course of study as a pre-requisite of eligibility for examination to practice; further providing for additional subjects upon which each applicant to practice shall be examined by the State Board, and also providing for an annual license renewal fee, and for other purposes. Be it enacted by the General Assembly, and it is hereby enacted by the authority of same, that an Act entitled An Act to authorize and regulate the practice of Chiropractic in the State of Georgia, etc., be, and the same is, hereby amended in the following respect and for other purposes. Act amended. Section 1. By striking the words Course of three years of six months each of Section Five of said Act, and substituting in lieu thereof the following: Four year Standard College Course. College course. Section 2. By adding the following subjects to those described in Section Six of said Act, which all examinations hereafter shall contain, and they are as follows: Bacteriology, and Spinography. Further amending Paragraph Six of said Act by striking the following words, to wit: sixty (60) per centum, and substituting in lieu thereof the following: Seventy-five (75) per centum. Subjects added. Section 3. By adding the following words and provisions to Section 7, after the last word of said Section, as follows: Provided further, that every person who received, or has received a license to practice Chiropractic from the State Board of Chiropractic Examiners shall pay the said Board on or before January 1st of each and every year, beginning with the year 1940, a fee of $2.00, which

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shall renew his license to practice Chiropractic for the ensuing year, provided, however, that said Board has satisfactory evidence that applicant for renewal attended at least one of the two educational programs conducted by the Georgia Chiropractic Association, during the preceding year. The Secretary of the State Board shall notify each licensee at least thirty (30) days prior to January 1st of each year of the due date for renewal, and failure to pay such renewal fee shall operate as a forfeiture of the right of the licensee to practice his profession in this State, provided, however, that he may be re-instated by the Board, in its discretion, upon payment of all fees due. Provided further, that all moneys received by the State Board of Examiners for annual license renewal fees shall be retained by said Board and used for education, promotion and welfare of the science of Chiropractic; said moneys being paid out only for such purposes and upon a majority vote of the State Board of Chiropractic Examiners. Provided further, that the Secretary-Treasurer of said Board shall give a bond in the principal sum of One Thousand Dollars ($1,000.), payable to His Excellency, the Governor of Georgia, for the faithful performance of his duties. License fee. Failure to pay fee. Use of funds. Section 4. All laws and parts of laws in conflict with this Act, be and the same are repealed. Approved March 23, 1939. CIVIL SERVICE BOARD IN CITIESAMENDED. No. 195. An Act to amend an Act entitled An Act to create a Civil Service Board in cities in the State of Georgia, having a population in excess of 200,000 people; to provide a civil service system based upon examination and investigation as to merit, efficiency and fitness for appointment, etc. approved March 23rd, 1937, so as

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to amend Sections 3, 9 and 11 of said Act so as to authorize the Board of Fire Masters to vacate, revise and modify within thirty (30) days orders effecting the removal, suspension or resignation of uniform officers and firemen members of the Bureau of Fire Prevention; to provide for probation period of officers; to provide for service or notice of trials; to provide pay for sickness of members; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same. Section 1. That the Act entitled An Act to create a Civil Service Board in cities in the State of Georgia, having a population in excess of 200,000 people; to provide a civil service system based upon examination and investigation as to merit, efficiency and fitness for appointment, etc. approved March 23rd, 1937, and particularly Section 3 thereof be and is hereby amended by adding at the end thereof the following: Act of 1937 amended. That all applicants who are elected regular members of said department, and all members who are elected or promoted as officers of the department shall serve a probation period of six (6) months. One who is promoted from one grade or rank to another in the department shall serve the probation period of six (6) months from the date of being promoted to said rank or grade. So as amended said Section 3 shall read as follows: Section 3. The classified civil service provisions of this Act shall include all full paid employees as specified in Section 1 of this Act of the fire department of each town, city, municipality coming within its purview, except the chief of said department. Said Board of Fire Masters shall have authority to promulgate rules and regulations providing for eligibility and examination of all applicants for positions as firemen, fire alarm and

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maintenance employees and shall have authority over holding examinations relative to the mental and physical fitness of all applicants, and those applicants passing the examination, which is to be held by the board, shall be placed upon the eligible list. It shall be the duty of the said board to appoint those whose names appear on said eligible list in accordance with their ratings, rank and priority on said list. All promotions in said department shall be solely on merit, efficiency, and fitness which shall be determined by the recommendations of the chief of such fire department and confirmed by the Board of Fire Masters created hereunder. No person shall be reinstated in or transferred, suspended or discharged from any such place, position or employment contrary to the provisions of this Act. All applicants who are elected regular members of said department, and all members who are elected or promoted as officers of the department shall serve a probation period of six (6) months. One who is promoted from one grade or rank to another in the department shall serve the probation period of six (6) months from the date of being promoted to said rank or grade. Sec. 3 as amended. Probation period. Section 2. That Section 11 of said Act be and is hereby amended by adding at the end thereof the following: Provided, however, the Board within thirty (30) days from any action removing, demoting, suspending or accepting the resignation of any officer or employee may on its own motion, or on the motion of any party, reopen the case and vacate, modify, or revise its former order so as to lessen but not increase the penalty imposed, or set aside the acceptance of a resignation, but after the end of such thirty (30) days, the Board shall not have any authority to reopen such case for any cause. Provided, further, that service of all notices provided herein for may be had upon any accused member by depositing the same in an envelope addressed to the member in the

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mail box of the Fire Station at which the accused is stationed. So that as amended said Section shall read as follows: Section 11. No person in the classified civil service who shall have been permanently appointed or inducted into civil service under provisions of this Act, shall be removed, suspended, demoted or discharged except for cause, and only upon written accusation of the chief of the fire department or a member of the Board of Fire Masters or any citizen or taxpayer, a written statement of which accusation, in general terms, shall be served upon the accused, and a duplicate filed with the board. The chief of the fire department may suspend a member pending the confirmation of the suspension by the Board of Fire Masters. Any person so removed, suspended, demoted or discharged may within ten days from the time of his removal, suspension, demotion, or discharge, file with the board a written demand for an investigation, whereupon the board shall conduct such investigation. The investigation shall be confined to the determination of the question of whether such removal, suspension, demotion or discharge was or was not made for political, personal or religious reasons and was or was not made in good faith for cause. After such investigation the board may, if in its estimation the evidence is conclusive, affirm the removal, or if it shall find that the removal, suspension or demotion was made for political, personal or religious reasons, or was not made in good faith for cause, shall order the immediate reinstatement or reemployment of such person in the office, place, position or employment of such person in the office, place, position, or employment from which such person was removed, suspended, demoted or discharged, which reinstatement shall, if the board so provides in its discretion, be retroactive, and entitled such person to pay or compensation from the time of such removal, suspension, demotion or discharge.

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The Board upon such investigation, in lieu of affirming the removal, suspension, demotion or discharge, may modify the order of removal, suspension, demotion or discharge by directing suspension, without pay, for a given period and subsequent restoration or duty, or demotion in classification, grade, or pay; the findings of the board will be certified, in writing to the chief of the fire department and shall be forthwith enforced by such officer. Sec. 11 as amended. All investigations made by the board pursuant to the provisions of this section shall be by public hearing, after reasonable notice to the accused of the time and place of such hearing, at which hearing the accused shall be afforded an opportunity of appearing in person and by counsel, and presenting his defense. If such judgment or order be concurred in by the board or a majority thereof their action is final. Provided, however, the Board within thirty (30) days from any action removing, demoting, suspending or accepting the resignation of any officer or employee may on its own motion, or on the motion of any party, reopen the case and vacate, modify, or revise its former order so as to lessen but not increase the penalty imposed, or set aside the acceptance of a resignation, but after the end of such thirty (30) days, the Board shall not have any authority to reopen such case for any cause. Provided, further, that service of all notices provided herein for may be had upon any accused member by depositing the same in an envelope addressed to the member in the mail box of the Fire Station at which the accused is stationed. Authority to reopen case after removal, demotion, or suspension. Section 2A. That Section 9 of said Act be and is hereby amended by striking the word continuous that appears after the word of and before the word sickness so that as amended said Section 9 shall read as follows: Section 9. Members of said Fire Department shall receive full pay for time lost while sick for thirty (30)

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days of sickness. Any further pay allowance for said sickness shall be subject to the approval of the Board of Firemasters. Sec. 9 as amended. Sickness. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 16, 1939. CIVIL SERVICE IN COUNTY SCHOOL SYSTEMS. No. 398. An Act to provide for civil service for teachers and other employees for the county school systems of the public schools of all counties in the State of Georgia having a population of not less than 70,000 nor more than 73,000, according to the Census of the United States for 1930, or any future census to provide for the establishment of rules and regulations for the employment and discharge of such teachers and other employees and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same: Section 1. In all counties of this State with a population of not less than 70,000 nor more than 73,000 according to the Census of the United States for 1930, or any future census, all teachers and other employees employed by the boards of education of such counties shall serve during good behavior and efficient service under such rules and regulations as may be established by the boards of education. Civil service for teachers in certain counties. Section 2. All teachers, supervisors and principals, as well as other employees of such county public school systems

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who are in the employ of such county boards of education at the time this Act becomes effective, and who shall have been so employed for a total period of as long as three years, and all such teachers, supervisors and principals, as well as other employees, who may be hereafter employed and who shall have been so employed for a total period of as long as three years, shall be automatically reappointed by the county board of education, and no person shall be discharged from such position or refused reappointment except for disability, inefficiency, insubordination or moral turpitude; Provided, however, that nothing herein contained shall require the board of education of any such county to continue any person in the same position or capacity, but, subject to the other provisions hereof, it shall require only that each teacher, supervisor or principal shall be reappointed to one of such positions; Provided, however, that no such employee shall be transferred from one such position to another against his wishes except to promote the efficiency of the county school system; Provided further, if any other school system is merged with or becomes a part of such county school systems, then the teachers and other school employees of such systems shall be extended the same rights and privileges as the teachers and other employees of those counties coming under this Act. Provisions. Section 3. The boards of education of such counties shall adopt such rules and regulations for the persons who are under this Act placed under civil service, including those employed in the future, so that they shall serve during good behavior and efficient service, and so that they shall not be discharged without notice being given to them, charges preferred and opportunity to be heard. No employee shall be discriminated against for the exercise of any constitutional right. Boards of education to adopt rules. Section 4. The provisions of this Act shall become effective in all of such counties on July 1, 1939.

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Section 5. Any and all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1939. CONTEMPT TRIALSSUPERSEDEAS. No. 293. An Act to require judges of all trial courts and tribunals in this State to grant, upon application, a supersedeas to all persons convicted or adjudged to be in contempt of court; 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 on and after the passage of this Act all judges of any trial court or tribunal, having the power to adjudge and punish for contempt, shall grant to any person convicted of or adjudged to be in contempt of court a supersedeas upon application and compliance with the existing laws as to appeal and certiorari where such person also submits, within the time prescribed by law, written notice that he intends to except to the conviction or adjudication of contempt; it being the purpose of this Act that it shall not be in the discretion of any trial court judge to grant or refuse a supersedeas in cases of contempt. The provision of this Act shall not apply to contempt in the presence of the Court during the progress of a proceeding. Supersedeas. Not discretionary. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1939.

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CONTRACTS BETWEEN CERTAIN COUNTIES AND CITIES FOR GOVERNMENTAL FUNCTIONS. No. 276. An Act to authorize counties in Georgia in which are situated cities either in whole or in part having a population of 200,000 or more, inhabitants by the U. S. Census of 1930 or any future census, and cities situated either in whole or in part within such counties, to contract with each other for the performance among, between and by such counties and municipalities of administrative, regulatory and governmental functions to the citizens of such municipalities or counties beyond the limits of the municipality furnishing such service or performance of such functions, but within the limits of the municipality or county contracting for or receiving same; to prohibit the furnishing of such services or performance of such functions beyond the corporate limits of the municipality furnishing same without a contract; to provide exceptions to such prohibitions; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same, that from and after the date of the passage of this Act all counties in Georgia in which is situated a city, either in whole or in part, having a population of 200,000 inhabitants or more, and all cities lying wholly or in part within the limits of any such county, be, and are hereby authorized to contract with each other for the performance by one or more of said counties or municipalities of administrative, regulatory, protective or other functions and services for the benefit of the citizens of said counties or municipalities thus contracting to receive same, and residing within the limits of such county or municipality, but residing beyond the corporate limits of the county or municipality thus contracting to furnish same. Contracts between certain counties and cities.

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Section 2. Be it further enacted that when a contract has been entered into between a county and a municipality or between counties or between municipalities for the performance of any function or service, provided in this Act, such county or municipality thus contracting to furnish same, shall have jurisdiction and authority to perform such function and such service provided in such contract and for the purposes provided therein. The contract herein authorized shall be in writing, executed by one or more officials of each of the contracting parties, and record of authority for such contracts shall be spread upon the minutes of the governing body of the contracting parties. Contracts authorized. Section 3. Be it further enacted by the authority aforesaid that until and unless a contract had been agreed upon and entered into, in accordance with the provisions of the preceding paragraphs, no county or municipality coming within the provisions of this Act shall do or perform any work or service, each for the other, beyond its corporate limits; provided the provisions of this Act shall not be construed as prohibiting any municipality from the exercise of all authority now authorized by Charter or other laws, and all such powers and authority is retained to such municipalities for the enforcement of its ordinances, rules and regulation, for the protection of the property and service of such municipality, and such municipalities are authorized to, in the operation of its Water Works, Sewer System, Disposal Plants and/or other properties, to furnish the service of such utilities or properties beyond the corporate limits of such municipality upon such terms and conditions as may be provided by the ordinances, rules and regulations of such municipality; provided however such services now furnished outside of a city or county shall be continued upon the present basis both as to rates and service and nothing in this Act shall be construed to repeal or modify the Act of the General Assembly approved March 23, 1937 and embodied in the Georgia Laws of 1937, page 1502; provided further that no municipality

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shall have any right to charge plumbing inspection fees outside the incorporate limits of such municipalities. Contract required. Charter powers retained. Section 4. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict with this law be and the same are hereby repealed. Approved March 24, 1939. CONTRACTS OF OFFICE HOLDER WITH MUNICIPAL CORPORATIONS. No. 425. An Act to amend Code Section 855 (aa) as found in Park's 1914 annotated Code of Georgia, so as to authorize persons holding office under municipal corporations in Georgia containing a population of not less than fourteen thousand, four hundred, nor more than fifteen thousand, according to the United States Census of 1930, to sell goods, wares and merchandise, and to contract with such municipality, provided same sanctioned by a majority of Board of City Commissioners or agency authorized to approve purchase, and purchase made on competitive bidding from lowest and best bidder, and for 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 855 (aa) of Park's 1914 Annotated Code of Georgia be, and the same is hereby amended by adding thereto the following, to-wit: Sec. 855 (aa) of 1914 code amended. Providing this section shall not prohibit the sale to municipalities or apply to municipalities or cities in the State of Georgia containing a population of not less than fourteen thousand four hundred, nor more than fifteen thousand, according to the United States Census of 1930,

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and provided, nevertheless, that municipal funds of such cities might be used for the purchase of goods or property of any kind for public or municipal purposes from any person, firm or corporation, including a member of the Board of City Commissioners, and/or any other officer, agent or employee of said City where such purchase is sanctioned, and/or approved by a majority of the Board of City Commissioners, and/or of the governing authority, and/or the agency or Board of said City authorized to make said purchase, where the member, officer or agent interested is the lowest and best bidder, and reasonable opportunity shall be given for competitive bidding, after reasonable advertisement or notice, and provided further that in no instance where the Commissioner, officer, agent or employee is interested, directly or indirectly, shall such member or officer vote on the question of sanction or approval. So that said section shall, after the passage of this Act, read as follows; to-wit: No person holding office under any municipal incorporation shall, during the time for which he was elected or appointed, be capable of contracting with such corporation for the performance of any work which is to be paid for out of the treasury, nor shall any such person be capable of holding or having any interest in such contract, either by himself or by another, directly or indirectly; Provided, this section shall not prohibit the sale to municipalities (containing a population of not less than 3,800 nor more than 3,900 according to the United States Census of 1930 or any future census of the United States) of goods, wares and merchandise by persons holding office under such municipality, when it shall appear that such sale is made as cheap or cheaper than such goods, wares and merchandise can be bought elsewhere; Provided this section shall not prohibit the sale to municipalities or apply to municipalities or cities in the State of Georgia containing a

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population of not less than fourteen thousand four hundred, nor more than fifteen thousand, according to the United States Census of 1930, and provided, nevertheless, that municipal funds of such cities might be used for the purchase of goods or property of any kind for public or municipal purposes from any person, firm or corporation, including a member of the Board of City Commissioners, and/or any other officer, agent or employee of said City where such purchase is sanctioned, and/or approved by a majority of the Board of City Commissioners, and/or of the governing authority, and/or the agency or Board of said City authorized to make said purchase, where the member, officer or agent interested is the lowest and best bidder, and reasonable opportunity shall be given for competitive bidding, after reasonable advertisement or notice, and provided further that in no instance where the Commissioner, officer, agent or employee is interested, directly or indirectly, shall such member or officer vote on the question of sanction or approval. Contracts between officers and municipalities prohibited. Exceptions. 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 March 23, 1939. COOPERATIVE INSURANCE EXCHANGES. No. 177. An Act to authorize the incorporation of co-operative insurance exchanges by manufacturing companies for the purpose of insuring against loss of use and occupancy of plants caused by shut downs arising from business depressions, lack of orders and other economic causes beyond their control, except wars, insurrections and strikes, to provide for the regulation and operation of such exchanges, the powers and duties of their officers, and for other purposes.

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Section 1. Be it enacted, by the General Assembly of Gerogia, and it is hereby enacted by the authority of same, that any 3 or more persons or corporations, at least one of whom must be a resident of or domesticated in the State of Georgia, by complying with the provisions of this Act, may become, together with others who may hereafter be associated with them or their successors, a body corporate for the purpose of carrying on the business of a Co-Operative Insurance Exchange for the purpose of insuring associates and members engaged in the same or similar manufacturing business against loss of use and occupancy in their plants and operations caused by idle plants and shut downs arising from business depressions, lack of orders, or other economic causes beyond their control, except wars, insurrections and strikes. Purpose. Section 2. The applicants for charter of such corporation shall file a petition addressed to the Secretary of State stating: Application for charter. (a) The name of the corporation which shall include the word Co-Operative Insurance Exchange and the location of its principal or home office, which shall be within the State. (b) The names and addresses of those composing the Board of Directors in which the management shall be vested until the first meeting of members. (c) The names and places of residence of the incorporators. (d) The class of manufacturing business proposed to be insured by the corporation. (e) That they have given 30 days notice of their intention to apply for said charter by publication of said petition in the newspaper publishing legal advertisements in the county where the principal office of said corporation is to be located, once a week for four weeks before filing said petition.

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Said petition shall be signed by each of the incorporators and verified by a petitioner or an officer of the petitioners, and shall be filed in the office of the Secretary of State, who shall endorse thereon the date of filing and record the same in a book kept by him for that purpose. Section 3. When a petition for incorporation has been submitted to the Secretary of State, it shall be considered by him and if found to comply with this Act, he shall indorse his approval thereon and shall issue a charter as now provided by law. A copy of such petition and charter shall also thereupon be filed in the office of the Insurance Commissioner. The charter may be amended in the manner now provided by law and any such amendment shall be approved, recorded and filed as in the case of the original charter. Issuance of charter. Section 4. Such corporations shall have legal existence as soon as the charter shall have been issued by the Secretary of State. The Board of Directors named in the articles of incorporation may thereupon adopt by-laws, fix the qualifications for membership of all applicants for insurance, accept applications for insurance, and proceed to transact the business of such company; Provided, that no insurance shall be put into force until the company has been licensed to transact insurance as provided by this law. Such by-laws and any amendments thereto shall, within 30 days after adoption, be filed with the Insurance Commissioner. Proceedings. Section 5. No corporation organized under this Act shall issue policies or transact any business unless it shall comply with the provisions of this Act, nor until the Insurance Commissioner has, by formal license, authorized it to do so, which license shall issue when the corporation shall file with the Insurance Commissioner copies of its proposed insurance contracts, its plans of operation, with a schedule of premium rates to be required of its members and those to whom policies shall issue, and the

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Insurance Commissioner shall be satisfied that the corporation will be so operated as to meet its obligations and serve its purposes. Insurance license required. Section 6. Any manufacturing corporation, partnership or individual in this State, or elsewhere, may make application, enter into agreements for and hold policies in a corporation chartered under this Act. Extent. Section 7. Every member and policy holder shall be entitled to one vote or to such number of votes, based upon the insurance in force, the policies held, or the amount of premiums paid, as may be provided in the by-laws. Votes of policy holders. Section 8. No law requiring that policies be countersigned and be delivered to a resident agent shall apply to any policy of a Co-Operative Insurance Exchange chartered under this Act on which no commission shall be paid to any agent. No agent's commission. Section 9. The taxable premium receipts of any Co-Operative Insurance Exchange organized under this Act, for the purpose of taxation under any laws of this State, shall be the gross premium received for direct insurance upon risks in this State deducting amount paid for reinsurance upon which a tax has been or is to be paid in this State and deducting premiums refunded on cancelled policies. Tax on premiums. Section 10. Re-Insurance: Any Co-Operative Insurance Exchange organized in this State, may re-insure any part or all of any risk or risks in any insurance company or insurer licensed in any State of the United States or District of Columbia; Provided, that no such re-insurance shall be affected with any company or insurer disapproved therefor by written order of the Insurance Commission filed in this office.

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Section 11. All laws or parts of laws in conflict with this Act are repealed. Approved March 14, 1939. COUNTY BOARD OF EDUCATION. No. 299. An Act to repeal an Act to amend Section 32-902 of the Code relating to the election of members of the County Board of Education so as to provide that in counties having a population of not less than 13,000 nor more than 13050 according to the census of the United States for 1930 or any future census, members of the County Board of Education shall be elected by the qualified voters of the county; to provide for the election of one member from each school district; to provide for the appointment by the County Board of Education of a county school superintendent; to provide for the salary and terms of office of the members of the board; to provide the effective date of this Act; to provide for a referendum upon this Act before it shall become effective and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same that from and after passage of this Act the Acts of the General Assembly approved March 31, 1937 as contained in Georgia Laws 1937 page 441-442, 443 and entitled An Act to amend Section 32-902 of the Code, relating to the election of members of the county board of education so as to provide that in counties having a population of not less than 13,000 nor more than 13050, according to the census of the United States for 1930, or any future census, members of the county board of education shall be elected by the qualified voters of the county; to provide for the election of one member from each school district; to provide for the appointment by the county board of education of a

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county school superintendent; to provide for the salary and terms of office of the members of the board; to provide the effective date of this Act; to provide for a referendum upon this Act before it shall become effective; and for other purposes. Act of 1937 repealed. Be, and the same is hereby repealed. Section 2. This Act shall take effect from and after its passage and approval by the Governor. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 24, 1939. COUNTY BOARD OF EDUCATION ELECTION. No. 189. An Act to repeal 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 and it is hereby enacted by authority of the same: Section 1. That an Act of the General Assembly of the State of Georgia as found in Georgia Laws Extraordinary Session 1937-1938 pages 247-248 and entitled 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

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be qualified or eligible to participate in said election: and for other purposes. Be, and the same is hereby repealed. Act of 1937-38 repealed. Section 2. This Act shall go in effect immediately after its approval by the Governor. Section 3. That all laws and parts of laws in conflict herewith are repealed. Approved March 16, 1939. COUNTY BOARD OF EDUCATION ELECTION. No. 298. An Act to repeal 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 and it is hereby enacted by authority of the same. Section 1. That an Act of the General Assembly of the State of Georgia as found in Georgia Laws Extraordinary Session 1937-1938 pages 247-248 and entitled 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, and the same is hereby repealed. Act of 1937-38 repealed.

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Section 2. This Act shall go into effect immediately after its approval by the Governor. Section 3. That all laws and parts of laws in conflict herewith are repealed. Approved March 24, 1939. COUNTY BUDGET. No. 194. An Act to provide for a budget in all counties in this State having a population of two hundred thousand or more by the United States census of 1930, or by any future census; to define the word Authorities as used herein; for the publication of the proposed budget, the adoption of the budget and publication of the final budget as adopted; for estimating the income and estimating and limiting the expenditures of the county for the purposes of the budget; for defining and classifying the revenue of the county and designating its uses; for prescribing the order and priority of the appropriations; for designating the manner and circumstances under which the budget may be changed or altered; for providing the duties of the authorities in the event a deficit should be created; for limiting the anticipated income in the budget; for prescribing the manner of reallocation of appropriations in the budget and providing that warrants issued or obligations incurred in excess of appropriations shall be void as county obligations but shall be individual obligations of the members of the authorities; for advertising all proposed projects for permanent improvements of public works in excess of a certain amount; for limiting the expenditures for the Public Works Department, convict camps and convicts; for providing that this Act shall not limit or restrict the amount of tax levies; 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, as follows: Section 1. The word authorities wherever used in this Act shall mean the Board of County Commissioners of Roads and Revenues in counties to which the Act applies having that form of management, and shall mean the Ordinary in all other counties to which the Act applies. Definition. Section 2. This Act shall apply to all counties in this State having a population of two hundred thousand or more by the United States Census of 1930, or by any future census, but shall not apply to any other counties. Application. Section 3. The authorities in all such counties, before their first regular meeting in January of each year, shall set up a tentative budget of estimated income and estimated expenditures for that year. Tentative budget. Section 4. A summary of the tentative budget as compiled shall be published on or before the first Monday in January in the newspaper in which the sheriff's advertisements appear. Thereafter, beginning on the fifteenth day of January, or on the following day if the said fifteenth shall fall upon a legal holiday, the authorities shall hold such public hearings with reference to the budget as shall be reasonable. At least one such public hearing shall be held. The budget shall be finally adopted by the authorities at or before the adjournment of their regular meeting for the month of March, and upon adoption it shall relate back to the first of the year and shall cover the full calendar year. Within one week after the adoption of said budget a summary thereof shall be published at least one time in the newspaper in which the sheriff's advertisements appear. Publication. Adoption. Section 5. In drafting the budget, the county authorities shall estimate the amount of normal revenue of the County for that year, together with the appropriations of

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the County for that year. In estimating the anticipated normal revenues, tax executions may be included in an amount not to exceed eighty-five (85) per cent. of all tax executions. Choses in action owned by the County may be included if certified by the County Attorney to be solvent and collectible. The anticipated revenues shall not exceed the normal revenue collected by the County from all sources during the preceding year, and the anticipated expenditures shall in no event exceed the anticipated income. Estimating-method. Section 6. Normal revenue shall include income of a recurring nature but shall not include the proceeds from the sale of real estate or buildings. Should sale of real estate or buildings, be made, the sums received therefor may in the discretion of the authorities be applied to the purchase of other real estate or buildings, or the construction thereof, or to the outstanding indebtedness of the County, if any. If there is no outstanding indebtedness, the funds may be applied to such lawful expenses as the authorities may direct. Normal revenue. Section 7. The authorities in drafting the budget shall first provide an appropriation sufficient to cover the debt service and cost of financing debt service in full, including interest and the sinking fund requirements on any outstanding indebtedness. Next, the authorities shall make provision for the payment in full of outstanding obligations for prior years; provided, however, outstanding obligations of the County on December 31, 1938 may be paid off in the manner now provided by law. Thereafter, provision shall be made for all other expenditures for the current year. Outstanding indebtedness. Section 8. A budget so adopted shall not be changed or altered during the year by any additional appropriation, except as herein provided, and, except that should the actual income exceed that anticipated in the budget this excess may be appropriated by the authorities in their discretion. Should the anticipated income of the County

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be decreased by law or by a reduction in the tax rate or by a reduction in the assessed value of property subject to taxation, the authorities shall immediately reduce the appropriations in the budget accordingly. Should the anticipated income be increased by law, or by an increase in the tax rate, or an increase in the assessed valuation of property, or any other lawful source, the authorities may, in that event, increase the budget accordingly. Changes in budget. Section 9. For the year 1940 the authorities shall not be authorized to appropriate in the budget in excess of ninety-nine (99) per cent. of the normal revenue of such county for the previous year, as described. From year to year thereafter they shall reduce the annual anticipation one (1) per cent. until at the end of four years, said authorities shall not be authorized to anticipate the income in any sum in excess of ninety-five (95) per cent. of the normal revenues of the County actually collected during the preceding year, subject to the exceptions herein provided. Percent of normal revenue. Section 10. The authorities shall have no authority to transfer funds set aside for debt service, or for the payment of outstanding obligations to any other purpose, until all such obligations are paid. They may, however, transfer and reallocate all other funds, lawfully anticipated, provided, no deficit is thereby created or incurred. Transfer of funds. Section 11. From and after the effective date of this Act, any warrants issued or indebtedness incurred by the authorities in excess of the appropriations provided in the budget shall be absolutely void as obligations of the county, but shall constitute a personal liability upon each member of the county authorities individually and may be collected from said authorities by the holder or holders of any such warrant or obligation. Excess debt void as county obligation. Section 12. At least two weeks prior to the approval by the county authorities of a cash expenditure for materials, or an independent contract for services for any permanent

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improvement on public works, or the purchase of real property for any purpose, the estimated expenditure for such purposes being in excess of $5,000.00, a description of such project and the estimated cost for such purposes, shall be published one time by advertisement in a newspaper in such county in which sheriff's advertisements are published. Publication of certain expenditures. Section 13. The total anticipated expenditures in the budget for the public works department and the construction and maintenance of convict camps and the maintenance of convicts, shall not exceed thirty-five (35) per cent. of the total estimated income to be set up in the said budget. Provided, however, that in emergencies such as floods, washouts and the like where unusual devastation to roads, bridges, etc. has taken place, the county authorities are authorized to expend for such purposes such reasonable sums as may be necessary, provided, that such funds are available, in excess of the amount set out in this section heretofore. In arriving at the percentage to be set up in the budget for the public works department and the construction and maintenance of convict camps as set out in this section, the authorities shall not take into consideration and include as income any taxes levied for the support of schools. Public works and convict camps. Emergencies. Section 14. Nothing herein contained shall be construed to restrain or limit the authorities in the amount of taxes that may be levied by them, which are otherwise authorized by law. Tax levies. Section 15. This Act shall become effective January 1 1940. Section 16. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act, be, and the same are hereby repealed. Approved March 16, 1939.

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COUNTY HIGHWAY CONTRACTS. No. 341. An Act to provide for the distribution of funds received by counties from contracts entered into with the State Highway Department for road construction, and to provide that although such funds are received and disbursed by the Treasurers of the various counties Section 23-1013 and 23-1016 of the Code of Georgia of 1933 shall not apply to such funds except as herein-after stated, and to provide that no county Treasurer or other County Official shall receive any commission for receiving and/or disbursing such funds, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, that from and after the passage of this Act no county Treasurer or other County Official shall receive any commission on funds received or disbursed in connection with county contracts with State Highway Board of Georgia for the construction or repair of roads, and that Sections 23-1013 and 23-1016 of the Code of Georgia of 1933 shall not apply to funds received and/or disbursed on such contracts, which Sections are as follows: County treasurerno commission on highway contracts. 23-1013. (588) FEES; TOTAL COMPENSATION.County treasurers in the several counties are entitled to receive two and one-half per cent. commission for receiving, and two and one-half per cent. commission for paying out, all sums up to $10,000; and one and one-fourth per cent. for receiving, and one and one-fourth per cent. for paying out, the excess over $10,000, for receiving and paying out county funds: Provided, that in no case shall the compensation of county treasurers exceed the sum of $3,000 per annum. Sections not applicable to highway contracts. Making his returns to the grand jury $1.00.

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Making his returns to the Ordinary $1.00. 23-1016. (574) COUNTY FUNDS.All county funds are to be paid to, and disbursed by, the County treasurer, except such as may be specially excepted by law, and then to be collected and disbursed as specially directed. Section 2. Be it further enacted by the authority aforesaid that the funds received and disbursed from the contracts mentioned in Section 1 of this Act shall be collected by the County treasurer, in those counties having a county treasurer, and the funds disbursed by him without any commission or fee, and that in those counties having no county treasurer the funds from these contracts be collected and disbursed by the usual officers, without any commission or fee. Application where no county treasurer. Section 3. Be it further enacted by the said authority that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1939. COUNTY POLICE PENSIONS. No. 178. An Act to provide that counties having a population of more than two hundred thousand (200,000) by the United States Census of 1920 or any subsequent census shall furnish aid and relief and pensions to regular members of county police departments but not to supernumeraries, now in active service; and to future members and their dependents in specified cases. To provide that regular members of such county police departments who have served twenty-five (25) years may retire as a matter of right and how such members shall be paid upon such retirement. To provide how such members shall be paid in case of total disability resulting from such service, and how such

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total disability may be determined. To provide how and what relief shall be paid widows, children or dependents of any such members in case of death of such members. To provide for the creation of a fund from which such payments shall be made. To provide how such funds shall be collected, deposited, managed and paid. To create a Board of Trustees and provide for their selection and election to manage, deposit, receive and disburse said funds and to invest such funds under certain conditions. To provide that the Board of Trustees shall make all necessary rules for carrying out the terms of this Act. To provide that none of the funds mentioned shall be subject to attachment, garnishment, judgment, nor shall they be assignable; but shall be paid in cash to the beneficiary. To provide that any policeman leaving the service of said department either voluntarily by resignation or involuntarily by dismissal shall be paid two-thirds of such total amount as has been paid into said fund by him by deductions made from his salary or wages. To provide that if any part of this Act shall be held unconstitutional the remainder of this Act shall remain in force taken in connection with existing laws. To provide that this Act shall not affect or be affected by any Workman's Compensation Law or other similar laws. To repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, as follows: Section 1. That from and after the passage of this Act there shall be raised and established in all counties in Georgia having a population of more than two hundred thousand (200,000) by the United States census of 1920, or any subsequent census of the United States, funds for the aid, relief and pension of the regular members of said county police departments who are in active service as

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members of the police departments of such counties at the time of the passage of this Act and future regular members of such departments, and their widows, children and dependents, as hereinafter provided. Applicable to certain counties. Section 2. That every regular member, but not supernumerary, of such police department who is in active service at the time of the passage of this Act and future regular members, may as a matter of right, retire from active service, provided he shall have served twenty-five (25) years in active service at the time of his retirement, and shall have reached the age of fifty-five (55) years. Retirement. Section 3. That any member of such department who is in active service at the time of the passage of this Act and future members who directly or indirectly as a result of such services shall be injured or whose health shall become permanently impaired to such an extent as to render him totally disabled shall, upon application, be retired. Should the Board of Trustees refuse to grant an order of retirement the applicant shall select a physician, the Board shall select a physician and the two physicians so selected shall select a third. These three shall examine the applicant and determine whether he is totally disabled and the decision of a majority of these physicians shall be final on the question. Total disability. Section 4. When such member of any police department of any county to which this Act applies shall retire as a matter of right under the terms and provisions of this Act he shall be paid, for the rest of his life, a monthly pension of seventy-five (75.00) Dollars. In case of death of pensioner his widow and minor children shall draw a pension of fifty (50.00) dollars per month. Amount of retirement pensions. Section 5. When such member shall be retired for total disability under Section 3 of this Act, he shall be paid, for the rest of his life, a monthly pension of Seventy-five (75.00) dollars per month.

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Section 6. That there is hereby established to serve without pay, a Board of Trustees whose duties it shall be to manage said funds. The Board of Trustees shall consist of three (3) members of the police department, the clerk of the Commissioners of Roads and Revenue of said county and the County Treasurer. The three (3) members of the police department shall consist of one officer and two ordinary members of such department, to be elected by secret ballot by the members of said department in active service on the first Tuesday in June every year after the passage of this Act, to serve one year and until their successors are elected. Said members shall be eligible for re-election. Board of Trustees. The Board of Trustees shall elect a Treasurer who shall have charge of all monies belonging to said pension fund and shall keep an accurate record of all collections and payments. Said Treasurer shall be under bond and said bond premium shall be paid out of the pension fund, and said Treasurer shall also be paid a salary not to exceed twenty-five ($25.00) dollars per month. A majority of said Board shall constitute a quorum and acts of the majority shall be binding. Section 7. This Board shall make all rules for the payment of said funds to those entitled to receive the same. It shall have its first meeting on the fourth Tuesday in June following the passage of this Act and organize by electing a chairman, a vice-chairman who shall serve when the Chairman is absent, and a Secretary. The Chairman shall sign all vouchers for the disbursement of funds, and all vouchers and checks are to be countersigned by the Secretary, and this written direction shall fully protect the Treasurer in the payment of the same. Board to prescribe rules. Section 8. The Board shall make its own rules as to times and places of meeting.

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Section 9. That each month each regular member of such police departments shall pay into said pension fund a sum equal in amount to three (3%) per cent. of the base pay of a regular, ordinary member of such police department. Such payment shall be made in the following manner: The Treasurer of such county shall each month deduct and retain said sum from the regular monthly salary of each regular member of such police department. Such sums so retained shall then be paid into said pension fund monthly by the Treasurer of the county to the Treasurer of the Pension Board. Pension fund. Section 10. That fifteen (15%) per cent. of all fines and forfeitures paid into the treasuries of such counties by the Criminal Courts of such counties (exclusive of Superior Courts), and all other monies paid into such county treasuries by said police departments, or any of the members thereof, or as a result of any actions or activities of such departments, or any of the members thereof, such as rewards, arrest fees, condemnations, sale of confiscated, lost or unclaimed articles, etc., shall be set apart and paid into the pension funds provided for by this Act. Said sums shall be paid monthly into said pension funds by the Treasurers of such counties. Criminal courts of counties to contribute. Section 11. The Board of Trustees shall formulate rules for paying the pension of a member of the department who loses his life, directly or indirectly as a result of service in such police department to the widow and/or children of such deceased member. Said payments shall be made so long as said widow lives and remains unmarried; and so long as any child or children remain under sixteen (16) years of age. Provided, however, that the total payments to widow and/or children shall not exceed an amount of fifty ($50.00) dollars per month. Loss of life. Section 12. In case a member has served twenty-five (25) years and does not wish to retire and the Board of Trustees deems such member incapable of further service

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in the department, the same proceeding shall be had as that to determine the condition of a disabled member of the police department, set forth in Section Three (3) hereof. The decision shall be final. Enforced retirement. Section 13. The County Attorney shall without extra compensation render such legal service as such Board of Trustees shall require. County attorney. Section 14. In case there should accumulate more funds than should be needed for immediate use, the Board of Trustees are empowered to invest such excess funds in United States, Georgia, or municipal bonds; but not otherwise. Disposition of excess funds. Section 15. None of the funds herein mentioned shall be subject to attachment, garnishment, judgment, nor shall be assignable; but shall be paid in cash to the beneficiary. Funds not subject to attachment, etc. Section 16. Should any member of said department acquire a leave of absence from said department, such time off on leave will not count as a credit on length of service of said member. Any and all such leaves of absence are hereby expressly limited to a period of not exceeding one year unless extended by the Board of Trustees. The provisions of this Section do not apply in cases of injuries received in line of duty and/or complications resulting therefrom. In the event that there should be any question or dispute as to the existence of any such complications or the connection of any such complications with an injury received while in line of duty, the Board shall cause the same proceedings to be had as that to determine the condition of a disabled member as set forth in Section 3 hereof. Such decision shall be final. Leave of absence. Section 17. Should any person die and leave a will providing for payment of any money, property or residue into said pension fund, the same shall be accepted and be made a part of said fund. Should any member of such police department die or be killed and not leave a qualified

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beneficiary under the terms of this Act, any and all monies that may be due said deceased member under the terms of this Act shall automatically revert back to said fund and become a part thereof. Contributions. Section 18. If any part or section of this Act shall be held unconstitutional the remainder of this Act shall be of full force and effect provided the general terms of this Act can still be carried out. Section 19. This Act shall not repeal nor in any wise affect any benefit or pension now being paid to those who were receiving the same prior to the passage of this Act. Present pensions not affected. Section 20. Any member complying with this Act and who has the required length of service shall not be barred of his pension rights because he accepts employment after he retires or because he retires for the express purpose of pursuing other employment. Provided, however, that no member of such police department may retire and receive a pension and secure or accept employment in any capacity with such county, or any political subdivision in such county. The acceptance of employment with such county or political subdivision will constitute a waiver of any and all claims to any payments from said pension fund. Employment after retirement. Section 21. The plan and purpose of this Act is to furnish aid, relief and pension to aged and disabled members of the police department who are now or may be in the future in the service of such department and to their dependents. Purpose. Section 22. When any policeman who has served twenty-five (25) years, and who has not taken a pension but has remained in active service, dies, his widow and/or minor child or children shall receive his pension until such widow remarry and until such minor child or children shall have reached the age of sixteen (16) years. Said total pension under this provision shall not exceed fifty ($50.00) dollars per month. Pensions to widows.

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Section 23. In order to entitle a widow to a pension under this Act, she must have been the wife of the policeman for a period of five (5) years prior to the retirement of such pensioner, or five (5) years prior to the time the pensioner was entitled to retire, or five (5) years prior to the death of the employee, except where killed in line of duty and in that event the time limit shall not apply. Rules as to widows' pensions. Section 24. Should any member of any such police department leave the service of such department in any manner other than by death or retirement as provided herein whether by voluntary resignation or involuntary dismissal, such member shall be paid from said pension fund a sum equal to two-thirds ([frac23]) of the amount paid into said fund by such member, without interest, whereupon his interest in and claim against said fund shall cease. Refund of amount paid into pension fund. Section 25. This Act shall not affect or be affected by any Workman's Compensation Law, or other similars law. Workman's Compensation Law. Section 26. All funds herein provided for to constitute the fund for the aid, relief and pensions herein provided shall be paid in monthly to the Board of Trustees of the Pension fund, beginning on the first day of June immediately following the passage of this Act. Section 27. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 16, 1939. CRIMINAL TRIALSSENTENCES. No. 332. An Act to repeal an Act approved February 16, 1938, Georgia Laws Extra Session 1937-1938, page 326, and entitled: An Act to provide that in all criminal trials, except when defendant enters a plea of guilt, the jury

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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: and to enact in lieu thereof an Act to be entitled an Act to prescribe penalties for all felonies under the laws of this State, except treason, insurrection, murder, manslaughter, assault with intent to rape, rape, sodomy, foeticide, mayhem, seduction, arson, burning railroad bridges, train wrecking, destroying, injuring or obstructing railroads, perjury, false swearing and subornation of perjury and false swearing; to provide for indeterminate sentences for felonies not punishable by life imprisonment; and to authorize and empower the trial judge to place the defendant on probation upon conviction for misdemeanors or felonies which have been reduced to misdemeanors; 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 approved February 16, 1938, Georgia Laws Extra Session 1937-1938, page 326, and entitled: Act of 1937-1938 repealed. An Act to provide that in all criminal trials except when the 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 and the same is hereby repealed in its entirety.

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Section 2. That from and after the passage of this Act all felonies under the laws of this State, except treason, insurrection, murder, robbery by force, manslaughter, assault with intent to rape, rape, sodomy, foeticide, mayhem, seduction, arson, burning railroad bridges, train wrecking, destroying, injuring or obstructing railroads, perjury, false swearing and subornation of perjury and false swearing, shall be punished by imprisonment and labor in the penitentiary for the terms provided by law; but on the recommendation of the jury trying the case, when such recommendation is approved by the judge presiding on the trial, said crimes shall be punished as misdemeanors. If the judge trying the case sees proper, he may, in fixing the punishment, reduce such felonies to misdemeanors. Recommendation for misdemeanor punishment. Section 3. That from and after the passage of this Act the jury in their verdict on the trial of all cases of felonies not punishable by life imprisonment shall prescribe a minimum and maximum term, which shall be within the minimum and maximum prescribed by law as a punishment for said crime, and the judge in imposing the sentence shall commit said convicted person to the penitentiary in accordance with the verdict of the jury; provided that in cases of pleas of guilty, then the judge shall have the right to prescribe such minimum and maximum term as he may see fit. Jury to prescribe minimum and maximum sentences. Section 4. That from and after the passage of this Act the trial judge may, in all prosecutions for crime except as hereinafter provided, where the defendant has been convicted either upon a trial or upon his plea, where the judge has power to sentence such defendant to the chaingang, jail or other place of detention, where it appears to the satisfaction of the judge that the circumstances of the case and the public good do not demand or require the defendant's incarceration, mold his sentence so as to allow the defendant to serve same outside the confines

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of the chaingang, jail or other place of detention, under the supervision of the court, and in such manner and on such conditions as the judge may see fit, giving the reasons therefor, which shall be made part of the record. Nothing in this section shall in any manner affect the laws providing the method of dealing with delinquent, wayward or dependent children, in those counties which have or may establish juvenile courts. And no person shall have the benefit of this section except those convicted of misdemeanors or felonies which have been reduced to misdemeanors either by the judge upon his own motion or upon recommendation of the jury. Suspended sentences. Delinquent children. Section 5. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1939. DANGEROUS DRUG ACT. No. 184. An Act to regulate the sale, possession, prescribing and dispensing of certain dangerous drugs, providing certain exemptions, providing for enforcement and penalties for violation thereof; Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same: Section 1. It shall be unlawful for any person, firm, corporation or association to sell, give away, barter, exchange, distribute or possess in the State of Georgia amytal, luminal, veronal barbital, acid diethyl-barbiturie, sulfanilamide, prontylin, neo-prontosil, or any salts, derivatives or compound of the foregoing substances, or any preparation or compound containing any of the foregoing substances, of their salts, derivatives of compound or any trade-marked or copyrighted preparation or compound registered in the United States Patent Office containing more than

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four (4) grains to the avoirdupois or fluid ounce of the above substances, except on a prescription of a duly licensed physician as defined by this Act and such prescription shall be compounded only by a registered pharmacist in accordance with the laws of this State. The provisions of this Act shall not apply to the sale at wholesale by recognized drug jobbers or wholesalers and drug manufacturers to pharmacists or drug stores or to physicians qualified to practice their profession according to the law, nor to the sale by pharmacists in drug stores to one another. Drugs enumerated. Prescription. Section 2. As provided by this Act a physician means a person authorized by the laws of this State to practice medicine and any other person authorized by law to treat sick and injured human beings and animals in this State and to use, mix, prepare, dispense and administer drugs in connection with such treatment. Physician defined. Section 3. Whenever a pharmacist dispenses a dangerous drug as defined in this Act, he shall in each case place upon the container the following: name of the patient, name of the physician prescribing such drug, name and address of the drug store or pharmacy from which such drug was dispensed, together with the date of the prescription. Labels. Section 4. Any physician as defined in this Act when prescribing dangerous drugs as set forth in Section 1 of this Act shall in each case give the name and address of the patient, together with complete directions for administering. Any physician as defined in this Act when dispensing dangerous drugs as set forth in Section 1 of this Act shall be required to comply with Section 3 of this Act. Information required on prescriptions. Section 5. Possession and control of dangerous drugs as set forth in Section 1 of this Act shall be legal only if in the original container in which it was dispensed by the pharmacist or the physician and the burden of any exception shall be upon the defendant. No person shall obtain

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or attempt to obtain any of the dangerous drugs as set forth in Section 1 of this Act by the use of a fictitious name or by the giving of a false address. Legal possession. Section 6. It is hereby made the duty of all law-enforcement officials to enforce all provisions of this Act. Enforcement. Section 7. Any person violating any provision of this Act shall be deemed guilty of a misdemeanor and upon conviction shall be punished as for a misdemeanor. Punishment. Section 8. This Act shall be known as the Dangerous Drug Act. Section 9. This Act shall become effective June 1, 1939. Section 10. All laws or parts of laws inconsistent herewith are hereby repealed to the extent of such inconsistency. Approved March 16, 1939. DEPOSITIONS. No. 409. An Act (1) to amend an Act approved August 17, 1908, entitled An Act to provide a method of taking depositions to be used in the trial of civil cases without commission, (1) so as to provide for taking depositions in territories or Insular Possessions subject to the dominion of the United States and in foreign States or Countries; (2) to provide for the return thereof and (3) 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 1 of an Act approved August 17, 1908, entitled An Act to provide a method of taking depositions to be used in the trial of civil cases without commission, be and it is hereby amended by inserting the following

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after the period in the eleventh line of said Section 1 of the published Act, between the words acknowledgements and The, to-wit: Act of 1908 amended. If said testimony is taken in a Territory or Insular Possession subject to the dominion of the United States, it shall be taken before an officer authorized to administer oaths by the laws of the United States or of the place where the examination is held. If it is taken in a foreign State or Country, it shall be taken before a Sacretary of Embassy or Legation, Consul-General, Consul, Vice-Consul or Consular Agent of the United States, or before such person or officer as may be agreed upon by the parties or as may be approved by the court in the event that none of the foregoing are available and the parties cannot agree. so that said Section as amended will read as follows: Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that whenever it is legal to examine witnesses on written interrogatories by Commission, the testimony of such witnesses may also be taken without a commission, before a notary public or any officer authorized to issue attachments, if taken within this State, or if taken without this State, before any officer of the State or county where the deposition is taken, authorized by the laws of this State to attest deeds, or take acknowledgements. If said testimony is taken in a Territory or Insular Possession subject to the dominion of the United States, it shall be taken before an officer authorized to administer oaths by the laws of the United States or of the place where the examination is held. If it is taken in a foreign State or Country, it shall be taken before a Secretary of Embassy or Legation, Consul General, Consul, Vice-Consul or Consular Agent of the United States, or before such person or officer as may be agreed upon by the parties or as may be approved by the court in the event that none of the

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foregoing are available and the parties cannot agree. The officer shall not be of counsel to either of the parties, nor interested in the event of the case. A reasonable notice, not less than ten days, must first be given in writing by the party, or his attorney proposing to take such deposition, to the opposite party or his attorney of record, which notice shall state the name of the witness, and the time and place of the taking of his deposition; and whenever by reason of the absence from the county and want of an attorney of record, or by other reason the giving of the notice herein required shall be impracticable, it shall be lawful to take such depositions as there shall be urgent necessity for taking upon such short notice as the Judge of the Court for which the deposition is to be taken shall think reasonable and direct. The witness may be examined and cross-examined as in open court. Any person may be compelled to appear and depose, as provided in this Section, in the same manner as witnesses may be compelled to appear in court. Deposition without commission. U. S. Territory or possession. Foreign state. Attesting officer. Procedure. Section 2. Whenever testimony is taken under this Act, the services of an interpreter may be utilized to translate the questions or the answers of the witness, or both, into English. The interpreter may be selected by the party at whose instance the testimony is taken, in which case he shall be named in the notice of intention to take testimony, or he may be selected by the person before whom the testimony is to be taken, in which case notice that he will be so selected shall be included in the notice of intention to take testimony. He shall be sworn to translate the testimony truly to the best of his knowledge and ability. Interpreter. He may be examined and cross-examined under oath as to his competency and lack of bias and the questions and his answers thereto shall be reduced to writing and returned with the other testimony. The questions and answers of the witness shall be translated in English,

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but if that is not possible or if the parties otherwise agree, either the questions or the answers or both, may be transcribed in a foreign language and separately translated into English, either by an interpreter who was present when the testimony was taken or by a witness at the trial of the case. All costs and expenses of taking testimony in a Territory or Insular Possession of the United States or in a foreign State or Country shall be first paid by the party at whose instance the testimony is taken, but the court may tax said costs in any manner which he may consider just. Costs. Section 3. Testimony taken in a Territory or Insular Possession subject to the dominion of the United States or in a foreign State or Country and returned as provided in an Act approved August 21st, 1922, entitled An Act to provide for the return and transmission of interrogatories taken under the provisions of articles one and two of chapter six of the sixth title of the Code of Georgia; of depositions taken under the provisions of article four of chapter six of the sixth title of the Code of Georgia; and of depositions taken before a court commissioner under article five of chapter of the sixth title of the Code of Georgia; and for other purposes need not be returned by registered mail. Return. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1939. DIVORCEADVANCE DEPOSIT FOR COSTS. No. 88. An Act to require the payment of fees or costs of the clerks and sheriffs of the Superior Court in all divorce and alimony cases in all counties in the State of Georgia having a population according to the United States

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census of 1930, or any future census of not less than 6530 and/or more than 6550 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 so made by the United States, of not less than 6530 and/or more than 6550 persons the fees of the Clerks and Sheriffs of said counties in all divorce and/or alimony cases filed in the Superior Courts of said counties shall be paid in the following manner: Counties affected. That the party filing either a suit for divorce or alimony, or both, shall make a deposit of $10.00 with the Clerk of the Superior Court of the county in which said suit is filed, and the Clerk shall have no authority to accept and file the suit on the Docket of the Court until the same is actually paid or deposited, and that all remaining costs due in such cases be fully paid to the Clerk of the Superior Court when final verdict is entered, and the presiding Judge shall be without authority to sign any final judgment or decree in the case until the party filing the suit presents to him proper receipt from the Clerk of the Court showing the full payment of all lawful costs due in such cases, and any decree or judgment signed before the full payment of all lawful costs shall be null and void. Costs in divorce cases. Section 2. Be it further enacted by the authority aforesaid, that all laws in conflict with this Act be and the same are hereby repealed. Approved February 25, 1939. DIVORCEADVANCE DEPOSIT FOR COSTS. No. 271. An Act to require an advance deposit of the sum of Ten ($10.00) Dollars by the plaintiff in each and every divorce

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case filed in the Superior Court of the several counties in this State having a population, according to the United States Census of 1930, and any subsequent United States Census, of not less than 23,400 and not more than 24,400, and for other purposes: Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by said authority that from and after the passage and approval of this Act that the plaintiff in all divorce cases filed in the Superior Courts of the several counties in this State, having a population of not less than 23,400 and not more than 24,400, according to the United States Census of 1930, and of any subsequent United States Census, the sum of Ten ($10.00) Dollars as advance costs in such divorce cases. Counties affected. Advance costs. Section 2. Be it further enacted by said authority and it is hereby enacted that the Clerks of the several superior courts in the counties aforesaid shall not be required to file and docket such divorce cases and issue process thereon until the cost provided for in Section one of this Act shall have been deposited with the clerk by the plaintiff in such divorce cases. Deposit necessary before filing. Section 3. Be it further enacted by the aforesaid authority and it is hereby enacted that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved March 24, 1939. DRIVING AND TRAFFIC REGULATIONS. ACCIDENT REPORTS. No. 244. An Act to define reckless driving, and to prohibit the same; to restrict the speed on the public streets and highways of this State; to provide for the erection of stop signs; to provide for the dimming of lights of motor vehicles; to

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provide that vehicles using the public roads and highways be equipped with reflectors to serve as a warning signal to drivers of approaching vehicles and to provide how the minimum requirements of reflectors shall be determined; to require the filing of reports of accidents by operators or occupants of motor vehicles involved in accidents on public streets and highways; to require reports by the coroners in the several counties of the State concerning deaths resulting from accidents on public streets and highways; to provide for the enforcement, penalties and punishment for the violation 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 Georgia and it is hereby enacted by authority of the same: Section 1. RECKLESS DRIVING: (a) Any person who drives any motor vehicles upon a street or highway in this State in such a manner as to be in willful or wanton disregard of the safety of persons or property is guilty of the criminal offense of reckless driving. Reckless driving. (b) Every person convicted of reckless driving shall be punished as follows: Upon first conviction, by imprisonment for not less than five (5) days nor more than sixty days, or by a fine of not less than Twenty-Five Dollars ($25.00) nor more than One Hundred Dollars ($100.00), or by both such imprisonment and fine; and upon a second or subsequent conviction shall be punished by imprisonment for not less than ten (10) days nor more than six (6) months, or by a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00), or by both such imprisonment and fine. Punishment. Section 2. RESTRICTIONS AS TO SPEED: (a) No person shall operate a motor vehicle upon any public street or highway at a speed that is greater than is reasonable and safe, having due regard to the conditions

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then existing, including the width, grade, character, traffic, and common use of such street or highway, or so as to endanger life or limbs, or property in any respect whatsoever. Speed limits. (b) Subject to the foregoing limitations operators of motor vehicles upon the public streets and highways of this State are authorized to operate them up to but not exceeding the speed limits provided in the following classified tabulation: Total gross combined weight A Speed in miles per hour of motor vehicle and load in Kind of Tires pounds Metalic Solid Pneumatic Less than 10,000 10 25 55 10,000 to 16,000 8 20 40 Over 16,000 5 18 35 Provided, however, that all passenger motor vehicles operated on the public streets and highways of this State and having pneumatic tires are authorized to operate at a speed up to but not exceeding 55 miles per hour. Provided, further, that the maximum speed limit for buses used in transporting school children, and when actually transporting one or more school children, shall not be operated in excess of 40 miles per hour, and provided further that all school buses must be inspected when required, or requested, by the Director of Public Safety or any member of the Georgia State Patrol, in order to ascertain its mechanical and physical condition as to brakes, lights and any other feature which in the opinion of the Director of Georgia Department of Safety may deem essential, for the safety of its driver, passengers, and general public. Inspection of school buses. (c) Whenever the Department of Public Safety shall determine, upon a basis of an engineering or traffic survey, that any speed herein above authorized is greater than is

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safe under the conditions found to exist on any segment of a public street or highway, said Department shall fix, determine and declare special speed restrictions thereat and therefor, and may put same into effect by erecting proper highway signs, giving notice of said restrictions at such place or places. Special speed restrictions. (d) The speed limitations set forth in this article shall not apply to authorized emergency vehicles when responding to emergency calls or when in immediate pursuit of an actual or suspected violator of the laws of this State, provided, however, that all such emergency vehicles shall observe the limitations he hereinabove imposed at all times other than those specified in this paragraph, and this provision shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the public streets and highways, nor shall it protect the driver of any emergency vehicle from the consequences of reckless disregard of the safety of others. Emergency vehicles. (e) Provided however, that nothing in this Act shall affect the rights of municipalities to regulate speed of motor vehicles within their corporate limits, when said speed limit is equal to or less than the maximum speed provided for in this Act. Municipal speed limits. Section 3. STOP SIGNS: (a) The Department of Public Safety is authorized to fix rules in respect to right-of-way at intersections of said highways or public roads outside of municipalities and to promulgate other reasonable safety rules in respect thereto, and to give notice of same by proper signs erected at or near said intersections. Said signs to be erected and maintained by Highway Dept. Maintenance Dept. Stop signs. (b) Every driver of a motor vehicle and every motor man of a street car shall stop at such stop signs as shall be erected or made by the Department of Public Safety at the

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approach of such intersections, except when directed to proceed by a police officer or traffic control signal. Section 4. DIMMING LIGHTS: (a) Every motor vehicle operated on the public streets or highways of this State shall be equipped with two front headlights located near the side extremities of the front, capable of revealing a person, vehicle or object at least five hundred feet (500[prime]) ahead in the darkness, and so arranged that at no time will the beam from said lights create a blinding glare or interfere with the vision of the driver of any vehicle approaching within five hundred feet (500[prime]) of said vehicle; and any auxiliary headlights in front must be extinguished when within five hundred feet (500[prime]) of any vehicle ahead or any congested traffic area; and shall keep them extinguished until passing the approaching vehicle; provided, further, that every such motor vehicle shall be equipped also with a rear light, red in color, and visible for at least two hundred feet (200[prime]) in the darkness in the rear; and provided, further, that said lights, both front and rear, when said motor vehicle is being operated on a public street or highway must be lighted one half hour after sunset to one half hour before sunrise and at any other time when vision is restricted for any reason less than five hundred feet (500[prime]) along a public street or highway. Lights. (b) Provided further that all trucks of more than 1 ton capacity shall have clearance lights at each extremity in the front and clearance lights at each extremity in the rear. Where the cab of said truck is not as wide as the body said clearance must be placed at the widest extremity of the body, so as to clearly indicate the width of the truck to approaching traffic from either direction. Said lights not to be of any glaring or blinding nature. Clearance lights on trucks. Section 5. REFLECTORS: (a) All vehicles using the public roads and highways of the State of Georgia at night shall be equipped with front

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and rear reflectors, in addition to the lights required by Section 4 of this Act, to serve as a warning signal to drivers of approaching vehicles. Reflectors in addition to lights. (b) The Department of Public Safety is hereby vested with the authority to determine and specify the type of reflectors to be placed on vehicles; to approve reflectors meeting the minimum requirements; and to make such other reasonable rules and regulations needed for the use of said reflectors. (c) The fact that no reflectors, or reflectors failing to meet the minimum requirements and approval of the said Department of Public Safety according to the said rules and regulations of the Department, are on the vehicle, shall be considered prima facie evidence of negligence on the part of the owner of such a vehicle. Absence of reflectors prima facie evidence of negligence. (d) The provisions of this Act shall become operative and effective 30 days after date of approval. Section 6. FILING OF ACCIDENT REPORTS: (a) The driver of a motor vehicle involved in an accident on a public street or highway resulting in injury to or death of any person or in a total property damage to an extent of Fifty Dollars ($50.00) or more shall, within twenty-four (24) hours after such accident, forward a written report of such accident to the Department of Public Safety on a form prepared by said Department, provided, that said Department in its discretion may require the filing of a supplemental report in any case where it shall deem the original report to be insufficient, and may require witnesses of such to render reports to said Department. Accident reports. (b) Whenever the driver of a motor vehicle involved in any accident referred to in the next preceding paragraph shall be incapable of making the required accident report and there is another occupant of the vehicle at the time

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of the accident capable of making such report such occupant shall make or cause to be made such accident report. (c) The Department of Public Safety shall prepare and upon request supply to the police departments, sheriffs, coroners, and other suitable agencies or individuals, forms for use in making said accident reports, which reports shall call for sufficiently detailed information to disclose the nature of said traffic accident, its apparent cause, the conditions surrounding the accident, persons and vehicles involved. Forms for report. (d) Every coroner of this State and every other official performing the functions of a coroner shall on or before the tenth (10th) day of each calendar month report in writing to the Department of Public Safety the death of any person within his jurisdiction during the preceding calendar month as the result of an accident involving a motor vehicle on a public street or highway and the circumstances of such accident as are available. Coroner's report. (e) All required accident reports and supplemental reports shall be without prejudice to the individual so reporting and shall be for the confidential use of the Department except that the Department may disclose the identity of a person involved in an accident when such identity is not otherwise known or when such person denies having been present at such accident; provided, that no such report shall be used as evidence in any trial, civil or criminal, arising out of the accident, except that the Department shall furnish upon demand of any person who has or claims to have made such a report, or upon demand of any court, a certificate showing that the specified accident report has or has not been received by the Department, solely to prove a compliance or failure to comply with the requirement that such report be made. Reports not used as evidence. (f) The Department shall tabulate and analyze all such accident reports and shall publish annually or at more

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frequent intervals statistical information based thereon as to the number and circumstances of traffic accidents. Statistics. (g) Investigation of an accident by police or other public officers shall not excuse persons from the duty of making the reports to the Department as herein required. Section 7. Be it further enacted that should any section or paragraph or part of this Act be declared void for any reason by proper authority, the remaining parts and portions of the same shall continue to be in full force and effect. Section 8. Be it further enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of same, that any person, firm or corporation who makes an affidavit to the Chief Clerk of the Motor Vehicle Division of the State Revenue Department that their motor vehicle was not used except on their own farm, nor beyond the city limits of any incorporated town in the State during the year 1937, and that they have purchased all tags required by law since December 24, 1937, that upon the making of said affidavit that the Maintenance Tax Act approved March 30, 1937, known as the Maintenance Tax Act and repealed by an Act of the General Assembly approved December 24, 1937, as applied to the affiant, be and the same is hereby suspended. Maintenance tax suspended on certain motor vehicles. Section 9. PENALTY FOR VIOLATION OF THIS ACT: Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as for a misdemeanor, or as otherwise provided in this Act. It is the duty of every arresting officer both county, municipal and State, to enforce the provisions of this Act. Punishment. Section 10. Be it further enacted by virtue of the authority aforesaid that the foregoing provisions as to

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speed shall supersede and stand in lieu of all other Georgia legislation in respect to speed of motor vehicles upon the public streets and highways of this State and that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1939. ELECTIONSCANDIDATES FOR GENERAL ASSEMBLY. No. 47. An Act to repeal An Act to require all Candidates for the General Assembly in Counties having a population between 29,990 and 29,998 to designate and qualify for the seats in the General Assembly from all such Counties, and to name their incumbent opponents, and for other purposes, which was approved March 18th, 1937 and found in Georgia Laws, 1937, page 590, and to repeal any and all amendments thereto: 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. An Act entitled An Act to require all candidates for the General Assembly in Counties having a population between 29,990 and 29,998, to designate and qualify for the seats in the General Assembly from all such Counties, and to name their incumbent opponents; and for other purposes, approved March 18th, 1937, and found in Georgia Laws 1937, page 590, together with any and all amendments thereto, be and the same are hereby repealed. Act of 1937 repealed. 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 15, 1939.

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ELECTIONSCANDIDATES FOR GENERAL ASSEMBLY. No. 128. An Act to require all candidates for the General Assembly in counties having a population between 22,878 and 22,882 to designate and qualify for the seats in the General Assembly from all such counties and to name their incumbent opponents; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that: Section 1. From and after the passage of this Act, each and every candidate for the General Assembly of the State of Georgia residing in counties having a population of not less than 22,878 and not more than 22,882 according to the last official census of the United States, shall designate with his local Democratic Committee in all primary elections, and qualify, for a specific seat in the General Assembly, by naming the incumbent candidate he desires to oppose; and, thereupon, he shall be qualified, if otherwise qualified, to oppose such incumbent candidate and none other. Population. Candidates to designate opponent. Section 2. Be it further enacted, That in the event any such incumbent shall die or decline to offer again for such office, then and in that event, such candidate shall qualify for such office by announcing with said local committee his intention to run for the office formerly held by said incumbent, naming him. On death of incumbent. Section 3. Be it further enacted, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 4, 1939.

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ELECTIONSCONSTITUTIONAL AMENDMENTS. No. 377. An Act to carry into effect Article 13, Section 1, Paragraph 1 of the Constitution of Georgia, by providing for the publication of any proposed amendment to the Constitution of this State, for submission of the same to the people, and for ascertaining and declaring the result of the election thereon; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That whenever the General Assembly shall propose any amendment or amendments to the Constitution of this State, as authorized by Article 13, Section 1, Paragraph 1, of the Constitution, and the same shall have been agreed to by two-thirds of the members elected to each of the two Houses and shall have been entered on their journals with the yeas and nays taken thereon, it shall be the duty of the Governor to cause every such amendment to be published in one newspaper in each Congressional District, to be chosen by the Governor, for two months previous to the time of holding the next general election. Provided, that the Governor shall also cause to be published in the newspaper in each county in which the Sheriff's advertisements are published a brief and concise summary of every such amendment, twice during the two weeks immediately prior to the time of holding the next general election. Said summary in no case to exceed two hundred words for each separate amendment. Publication of proposed constitutional amendments. Section 2. When any such amendment to the Constitution is proposed, it shall be the duty of the Governor, in preparing the form of ballot for the next general election, to submit the same to the voters for ratification or rejection. The submission shall be in substantially the following form: Ballots for ratification or rejection.

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For ratification of the amendment to Article....., Section....., Paragraph..... of the Constitution of Georgia (inserting the nature of the proposed amendment) Against ratification of the amendment to Article....., Section....., Paragraph..... of the Constitution of Georgia (inserting the nature of the proposed amendment) In so preparing the form of the ballot, the Governor shall use such language as will enable the voters to intelligently pass upon any such proposed amendment and intelligently register their votes concerning the same. Section 3. The returns of such general election shall be certified to the Secretary of State, as now provided by law, and he shall canvass the same, ascertain the result of such election, and certify the same to the Governor. If the certificate of the Secretary of State shall show that a majority of the electors qualified to vote for members of the General Assembly voting upon any such amendment voted in favor of the ratification of the same, the Governor shall, by his proclamation to be issued within ten days from the date of the election, so declare, and such amendment shall become a part of the Constitution of this State. If the result of said election, as so certified, shall be against the ratification of such an amendment, the Governor shall so declare by a similar proclamation, and the same shall not become a part of the Constitution. Returns. Proclamation by Governor. Section 4. If more than one amendment to the Constitution is proposed at the same time, they shall be separately published as hereinbefore provided and separately submitted to the voters, but all of said amendments may be entered on one ballot form. Section 5. In hereafter proposing amendments to the Constitution, it shall not be necessary for the General Assembly in the resolution or Act proposing the same, to

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provide for the publication and submission of any such amendment, but the same shall be published and submitted to the voters as provided by this Act; and any language in any such Act or resolution thereafter passed, providing for such submission shall be deemed surplusage and in every case such amendment shall be published and submitted to the voters as provided by this Act. Future acts need not provide for publication and submission. Section 6. This Act shall apply to all amendments which may hereafter be proposed and to all amendments which have heretofore been proposed, but which have not been published, or submitted, prior to the approval of this Act. Application. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1939. ELECTIONSHOURS OF VOTING. No. 71. An Act to amend section 34-1302 of the Civil Code of Georgia (1933), providing how and when elections shall be held, by adding a new section and numbering said new section 34-1302 (a), providing the hours that certain election precincts shall remain open; and provided further that no votes shall be counted until after polls are closed and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, Section 34-1302 of the Civil Code of Georgia (1933) be and the same is hereby amended by adding a new section, numbered 34-1302 (a), which shall read as follows: In all counties in the State of Georgia, having by the United States census of 1930 or any future census, a

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population of not less than 12610 and not more than 12620 inhabitants, all election precincts shall remain open on all election days, whether general, special, primary or otherwise, from 7:00 o'clock a. m. to 6:00 o'clock p. m., according to the standard time prevailing in those counties; provided however, that the provisions of this Act shall not apply to elections that are held by municipal authorities or the boards of education, and provided further that no votes shall be counted until after polls are closed. Population. Voting hours. Exception. Counting votes. 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 21, 1939. ELECTIONSHOURS OF VOTING. No. 303. An Act to provide for and fix the hours of keeping open of polls at precincts situated in counties having not less than twenty six thousand two hundred four (26,204) and not more than twenty six thousand two hundred eight (26,208) population, according to the United States Government Census of 1930; 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, in all counties having a population of not less than twenty six thousand two hundred four (26,204) and not more than twenty six thousand two hundred eight (26,208), according to the United States Government Census of 1930, and in each precinct of such county where any and all elections are to be held, that polls shall be opened and kept open from seven o'clock A. M. to six o'clock P. M. Population. Voting hours.

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Section 2. Be it further enacted, that all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1939. ELECTIONSILLEGAL PRACTICES IN PRIMERIES. No. 180. An Act to extend the penal laws of the State of Georgia to illegal practices in general elections to all primary elections; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, all penal laws of the State of Georgia relating to illegal practices in general elections be, and they are hereby, extended to all primary elections held for State, County, or Municipal offices in the State of Georgia. Penal laws relating to general elections extended to primaries. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 14, 1939. ELECTIONSMUNICIPAL PRIMARIES. No. 218. An Act to amend an Act entitled An Act to regulate primary elections in all municipalities in the State of Georgia, by providing how such elections shall be conducted, the returns thereof made, and to provide penalties for the violation thereof, and providing that the same shall apply only to cities of 200,000 or more according to the last or future Federal census; and for other purposes, approved March 23, 1933, so as to

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amend Section 7 thereof so as to provide manner for submission of names of candidates to the electorate; 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 entitled An Act to regulate primary elections in all municipalities in the State of Georgia, by providing how such elections shall be conducted, the returns thereof made, and to provide penalties for the violation thereof, and providing that the same shall apply only to cities of 200,000 or more according to the last or any future Federal Census; and for other purposes approved March 23, 1933, be and is hereby amended by adding between the word ballot and the word whereon appearing in the third line of Section 7 of said Act the following words, to-wit: Sec. 7 of Act of 1933 amended. the names of the candidates shall be submitted to the electorate of the municipality in the same manner as in the General Election. So that as amended said Section shall read as follows: Section 7. The persons authorized by the rules of the party, organization, or association to hold such primary election shall provide an official ballot, the names of the candidates shall be submitted to the electorate of the municipality in the same manner as in the General Election, whereon shall be printed all the names of the candidates for the various offices candidates for which are being voted for. Names of candidates submitted as in general election. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 20, 1939.

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ELECTIONSSENATE NOMINATIONS. No. 311. An Act to regulate political primary elections for the nomination of candidates for the State Senate; to provide that such primary elections shall be held in the various Senatorial Districts only in the county entitled to furnish the nominees under the rotation system; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That hereafter every political primary election held by any political party, organization or association for the purpose of selecting candidates for the office of State Senator from any of the Senatorial Districts of this State, as provided for by the Constitution, shall be held only in the county whose turn it is to furnish the nominee of such party as a candidate for the office under the rotation system as same was of force prior to January, 1936. Primaries for State senator held in county whose turn it is to furnish nominee. Section 2. The candidate entitled to said nomination as the result of the primary under the rules and regulations prescribed by the Executive Committee or other party organization of the county whose turn it is to furnish such nominee under such rotation system shall be the nominee of such party for State Senator from any such District for the ensuing term and no other person shall qualify or have his name placed upon the ballot as the nominee of such party for said office. Nominee for district. Section 3. Unless the Executive Committee or other party organization of the county whose turn it is to furnish such nominee shall, by resolution, disclaim the right of the members of such party in such county to furnish such nominee, no county or the members of any such party in any such county shall furnish such party nominee for the office of State Senator at two successive elections

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for State Senator in said District, or after having furnished such nominee, again do so until every county in such District has furnished the nominee of such party in its turn. Provided that not withstanding any other provision of this Act in every Senatorial district composed of counties having equal representation in the House of Representatives that no such county shall furnish the nominee for State Senator in said district at two successive elections unless the same is consented to by the Executive Committees of each of the other counties in said district. Rotation system. Section 4. For the next general election thereafter held for State Senator in the various Senatorial Districts of this State, the nominee of any political party, organization or association as a candidate for such office shall come from the county whose turn it is to furnish such nominee under the rotation system as recognized and in force in such Senatorial District, prior to January 1, 1936. Next general election. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1939. ELECTRIC MEMBERSHIP CORPORATIONS. No. 252. An Act to amend an Act approved March 30, 1937 (Georgia Laws, 1937, pp. 644-659), entitled An Act providing for the formation of cooperative non-profit membership corporations to be known as Electric Membership Corporations for the purpose of engaging in rural electrification, by furnishing electrical energy, wiring assistance and facilities, electrical and plumbing equipment and service to its members; providing for the rights, powers and duties of such corporation, including their classification with regard to the jurisdiction of the Public Service Commission; authorizing and regulating

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the issuance of obligations by such corporations; providing for the payments of such obligations and the rights of the holders thereof, the classifications of such obligations and the membership certificates of such corporations with respect to regulation; authorizing existing corporations organized for the same general purposes to re-incorporate hereunder, and validating certain acts, covenants and obligations of such corporations; and for other purposes, by striking Paragraph (6) of Section 2 of said Act of March 30, 1937, which said paragraph relates to the definition of the word acquire, and substituting in lieu thereof a new paragraph (6) so as to provide a proper definition for the word acquire; by striking Paragraph (7) of Section 4 of said Act, which said paragraph relates to certain powers of Electric Membership Corporations, and inserting in lieu thereof a new Paragraph (7) of Section 4, so as to provide that Electric Membership Corporations shall have, in addition to those powers now existing by virtue of Paragraph (7) of Section 4, the power to acquire rights of way and easements by condemnation; to provide a period of limitations in which actions for damage may be brought against said corporations growing out of the acquisition of easements and rights of way or other interests in property by any such corporation; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: That an Act approved March 30, 1937 (Georgia Laws, 1937, pp. 644-659), entitled An Act providing for the formation of cooperative non-profit membership corporations to be known as Electric Membership Corporations for the purpose of engaging in rural electrification, by furnishing electrical energy, wiring assistance and facilities, electrical and plumbing equipment and service to its members; providing for the rights, powers and

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duties of such corporations, including their classification with regard to the jurisdiction of the Public Service Commission; authorizing and regulating the issuance of obligations by such corporations; providing for the payments of such obligations and the rights of the holders thereof, the classifications of such obligations and the membership certificates of such corporations with respect to regulation; authorizing existing corporations organized for the same general purposes to re-incorporate hereunder, and validating certain Acts, convenants and obligations of such corporations; and for other purposes, be, and the same is hereby, amended as follows: Act of 1937 amended. Section 1. That Paragraph (6) of Section 2 of said Act, relating to the definition of the word acquire, be, and the same is hereby, stricken in its entirety, and a new Paragraph (6) of Section 2 is hereby enacted in lieu thereof, to read as follows: Section 2. (6). `Acquire' means and includes construct, acquire by purchase, lease, devise, gift, condemnation or other mode of acquisition. Acquire defined. Section 2. That Paragraph (7) of Section 4 of said Act, relating to certain powers of Electric Membership Corporations, be, and the same is hereby stricken in its entirety, and a new Paragraph (7) of Section 4 is hereby enacted in lieu thereof, to read as follows: Section 4. (7). To acquire, own, hold, use, exercise, and, to the extent permitted by law, to sell, mortgage, pledge, hypothecate and in any manner dispose of franchises, rights, privileges, licenses, rights of ways and easements necessary, useful or appropriate. Any such corporation shall have the right to acquire rights of way, easements, and all interests in realty necessary and appropriate to effectuate the purposes of such corporation by condemnation under the same procedure and terms as provided by Chapter 36-3,

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Chapter 36-4, Chapter 36-5, and Chapter 36-6 of Title 36 of the 1933 Code of Georgia, providing for the condemnation of property for public purposes. Powers. Section 3. Be it further enacted by the authority aforesaid that from and after the passage of this Act all rights of action accruing against any corporation organized under the Electric Membership Corporation Act, approved March 30, 1937, (Georgia Laws, 1937, pp. 644-659), growing out of the acquisition of rights of ways, easements, or the occupying of lands of others by said corporations, shall be barred at the end of twelve months from the date of the accrual of such cause of action, and in cases where any such corporation is now in possession of the lands of others, or in the future, without having condemned said property as above provided, and said corporation is using any such land of another for the purposes for which said corporation was created under said Act, and said owners of lands took no legal steps to prevent the occupation of said land by said corporation, the rights of said owner of land shall be limited to whatever damages may have been caused to his realty by such occupation, and as to all such cases in existence at the time of the passage of this Act, same shall be barred after six months from the passage and approval of this Act, and this limitation shall apply to all persons whether sui juris or not sui juris. Limitation of actions. Section 4. That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved March 24, 1939. EVIDENCEINSPECTION CERTIFICATES. No. 54. An Act to provide for the admissibility as prima facie evidence in all courts of the State of Georgia, of inspection

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certificates issued by the United States Department of Agriculture: 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. From and after the passage of this Act, all inspection certificates issued by the United States Department of Agriculture and over the signature of any Inspector thereof, which are admissible in Courts of the United States as prima facie evidence of the truth of the statements therein contained, shall be admissible in all Courts of the State of Georgia as prima facie evidence of the truth of the statements therein contained. U.S. Department of Agriculture inspection certificates prima facie evidence. Section 2. All laws and parts of laws in conflict herewith, are hereby repealed. Approved February 16, 1939. FISH DEALERSWHOLESALERS' LICENSE FEES. No. 224. An Act to amend an Act approved February 16, 1938 (Georgia LawsExtra Session, 1937-1938, pp. 332 through 337) entitled An Act to repeal an Act approved March 31, 1937, Georgia Laws 1937, pp. 671-674, entitled: A bill to be entitled an Act to repeal an Act approved March 31, 1937, Georgia Laws 1937, pp. 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, oysters, and seafood industries of this State; to provide a tax on wholesale dealers; to provide inspection and sanitation on all fish, shell fish, oysters and seafoods; to regulate and define the different channels of marketing fish, shell fish, oysters and seafood in this State; to provide that nothing in

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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 seafoods; 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, so as to provide for proper license fees to be charged wholesale fish dealers; so as to provide for the ratification of the action of the Governor in suspending one-half of the tax against wholesale fish dealers during the year of 1938; so as to provide an effective date for this Act; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: That an Act approved February 16, 1938 (Georgia LawsExtra Session, 1937-1938, pp. 332 through 337), entitled An Act to repeal an Act approved March 31, 1937, Georgia Laws 1937, pp. 671-674, entitled; `A bill to be entitled an Act to repeal an Act approved March 31, 1937, Georgia Laws 1937, pp. 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, oysters, and seafood industries of this State; to provide a tax on wholesale dealers; to provide inspection and sanitation on all fish, shell fish, oysters and seafoods; to regulate and define the different channels of marketing fish, shell fish, oysters and seafood 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

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enact laws authorizing the Commissioner of Agriculture to promulgate rules and regulations in reference to the sanitation, distribution and transportation of fish and seafoods; 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' , be, and the same is hereby, amended as follows: Act of 1937-1938 amended. Section 1. That subsections (a) and (b) of Section 5 of said Act, relating to the annual license fees to be charged both resident and non-resident wholesale fish dealers, be, and the same are hereby, stricken, and there is hereby enacted in lieu thereof a single section to be designated as Section 5 (a), to provide as follows: Section 5 (a). The annual license fee for each and every resident wholesale fish dealer shall be the sum of $50.00 for each place of business, fixed or movable; the annual license fee for each non-resident or alien wholesale fish dealer shall be the sum of $50.00 for each place of business, fixed or movable. Each truck or movable unit from which fish are sold at wholesale shall be deemed a place of business within the meaning of this Act. License fees of wholesale fish dealers. Place of business defined. That all foreign or alien dealers transporting fish into Georgia are hereby required to register for inspection at port of entry, either by truck or boat. Inspection fee shall be 50 cents per truck load of less than one ton, or 50 cents for each additional ton of fish, oysters, shrimp, etc., and failure to register shall be punished as for a misdemeanor. Alien dealers must register for inspection at port of entry. Section 2. The action of the Governor in suspending the collection of one-half of the annual license fee for non-resident wholesale fish dealers during the year of 1938 is hereby ratified. Suspension of license fees ratified.

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Section 3. This Act shall become effective only from and after the passage and effective date of a statute of the State of Florida providing for the same license fees to be charged by that State against non-resident wholesale seafood dealers as are provided for in this Act. Effective date. Section 5. That all laws and parts of laws in conflict with this Act, be, and the same are hereby, repealed. Approved March 20, 1939. FOREIGN MEDICAL PRACTITIONERS AND PHARMACISTS. No. 238. An Act to prohibit the State Board of Medical Examiners and State Board of Pharmacy Examiners from issuing a license to practice medicine or pharmacy in this State to any person who was not born or naturalized in the United States or who is not a citizen of the United States; to provide penalties for the violation of this Act; and to repeal all laws or parts of laws in conflict with this Act. 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 State Board of Medical Examiners and State Board of Pharmacy Examiners shall not issue a license to practice medicine or pharmacy in this State to any person who was not born or naturalized in the United States, or who is not a citizen of the United States. Issuance of license to aliens prohibited. Section 1-a. Be it further enacted by the authority aforesaid, and it is hereby enacted by the same, that licensed physicians of other states and foreign countries may be permitted to enter this State for consultation with any licensed physician of this State. A physician from another

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State, or from a foreign country, shall not be permitted to establish offices in this State for the practice of his profession, either temporary or permanent, or practice under another physician's license, unless he obtains a license from the Board of Medical Examiners of this State. A license may be issued to a physician of another state, or a foreign country, by comity or reciprocity, if the standards for medical licensure of such a state or foreign country equal those of this State, and after such state or foreign country agrees to license physicians of this State on a like basis; provided such agreements are not in conflict with the other provisions of this Act. Consultation. Comity. Section 2. Be it further enacted by the authority aforesaid that any person who was not born or naturalized in the United States or who is not a citizen of the United States and who obtains, after the passage of this Act, a license to practice medicine or pharmacy in this State shall be guilty of a misdemeanor, and shall be punished as prescribed in Section 27-2506 of the Code of Georgia of 1933. Provided; that notwithstanding the foregoing provisions, any person residing in Georgia at the time of the passage of this Act and who has been a resident of Georgia not less than three months, and who has been a practicing physician in a foreign State or country for at least twenty years, and can show that he is a graduate of a medical school approved by the Association of American Medical Colleges, or the State Board of Medical Examiners of Georgia, and who shall have filed his first citizenship papers, shall be entitled to take the examination given by the Medical Board to applicants for a license to practice medicine in this State, and upon passing such examination shall be entitled to a temporary license to practice medicine in this State, which license shall be good for six years only; at the end of six years if such person shall have become a naturalized citizen of the United States a permanent license shall be issued him; if he has not become a naturalized citizen no further license shall be issued him. Punishment for violation. Exception.

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Section 3. Be it further enacted by the authority aforesaid that any license issued to any person in violation of this Act shall be void and the State Board of Medical Examiners and State Board of Pharmacy Examiners shall cancel and revoke such license. The procedure in such revocation or cancellation shall be in accordance with the provisions of Sections 84-916 to 84-922 of the Code of Georgia of 1933 as amended, for the cancellation or revocation of licenses generally. Revocation or cancellation of license. Section 4. Be it further enacted by the authority aforesaid that the unconstitutionality of any part of this Act shall not be construed as invalidating any other part thereof. Section 5. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1939. GOATS AT LARGE PROHIBITED. No. 169. An Act to prohibit goats from running at large in counties of this State having a population of not less than 10,010 and not more than 10,030, according to the United States census of 1930, or any future census; to prescribe penalties for the violation of this Act; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. That from and after the approval of this Act, it shall be unlawful for any person, firm or corporation to allow or permit any goat or goats, belonging to such person, firm or corporation, to run at large, or to range on lands belonging to another, unless such person, firm or corporation shall first have the written consent of

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the owner of such land permitting same, in counties of this State having a population of not less than 10,010 and not more than 10,030, according to the United States census of 1930, or any such future census. Written consent required in certain counties. Section 2. Any person, firm or corporation violating the provisions of this Act shall, upon conviction, be punished as for a misdemeanor in the court having jurisdiction thereof. Penalty. Section 3. All provisions of law with reference to the prohibition of animals running at large in counties requiring stock to be kept up shall apply to goats in counties having a population of not less than 10,010 and not more than 10,030, according to the United States census of 1930 or any future census. Other provisions to apply. Section 4. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1939. GOATS AT LARGE PROHIBITED. No. 304. An Act to prohibit goats from running at large in counties of this State having a population of not less than 17,155 and not more than 17,170, according to the United States census of 1930, or any future census; to prescribe penalties for the violation of this Act; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. That from and after the approval of this Act, it shall be unlawful for any person, firm or corporation to allow or permit any goat or goats, belonging to such person, firm or corporation, to run at large, or to range on lands belonging to another, unless such person,

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firm or corporation shall first have the written consent of the owner of such land permitting same, in counties of this State having a population of not less than 17,155 and not more than 17,170, according to the United States census of 1930, or any such future census. Written consent required in certain counties. Section 2. Any person, firm or corporation violating the provisions of this Act shall, upon conviction, be punished as for a misdemeanor in the court having jurisdiction thereof. Penalty. Section 3. All provisions of law with reference to the prohibition of animals running at large in counties requiring stock to be kept up shall apply to goats in counties having a population of not less than 17,155 and not more than 17,170, according to the United States census of 1930 or any future census. Other provisions to apply. Section 4. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1939. GOATS AT LARGE PROHIBITED. No. 344. An Act to prohibit goats from running at large in counties of this State having a population of not less than 19,730 and not more than 19,760, according to the United States census of 1930, or any future census; to prescribe penalties for the violation of this Act; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. That from and after January 1, 1940, it shall be unlawful for any person, firm or corporation to allow or permit any goat or goats, belonging to such person, firm or corporation, to run at large, or to range on

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lands belonging to another, unless such person, firm or corporation shall first have the written consent of the owner of such land permitting same, in counties of this State having a population of not less than 19,730 and not more than 19,760, according to the United States census of 1930, or any such future census. Written consent required in certain counties. Section 2. Any person, firm or corporation violating the provisions of this Act shall, upon conviction, be punished as for a misdemeanor in the court having jurisdiction thereof. Penalty. Section 3. All provisions of law with reference to the prohibition of animals running at large in counties requiring stock to be kept up shall apply to goats in counties having a population of not less than 19,730 and not more than 19,760, according to the United States census of 1930 or any future census. Other provisions to apply. Section 4. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1939. GOATS AT LARGE PROHIBITED. No. 352. An Act to prohibit goats from running at large in counties of this State having a population of not less than 21,330 and not more than 21,390, according to the United States census of 1930, or any future census; to prescribe penalties for the violation of this Act; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. That from and after January 1, 1940, it shall be unlawful for any person, firm or corporation to allow or permit any goat or goats, belonging to such person,

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firm or corporation, to run at large, or to range on lands belonging to another, unless such person, firm or corporation shall first have the written consent of the owner of such land permitting same, in counties of this State having a population of not less than 21,330 and not more than 21,390, according to the United States census of 1930, or any such future census. Written consent required in certain counties. Section 2. Any person, firm or corporation violating the provisions of this Act shall, upon conviction, be punished as for a misdemeanor in the court having jurisdiction thereof. Penalty. Section 3. All provisions of law with reference to the prohibition of animals running at large in counties requiring stock to be kept up shall apply to goats in counties having a population of not less than 21,330 and not more than 21,390, according to the United States census of 1930 or any future census. Other provisions to apply. Section 4. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1939. GOATS AT LARGE PROHIBITED. No. 356. An Act to prohibit goats from running at large in counties of this State having a population of not less than 30,622 and not more than 30,652, according to the United States census of 1930, or any future census; to prescribe penalties for the violation of this Act; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. That from and after July 1, 1939, it shall be unlawful for any person, firm or corporation to allow or

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permit any goat or goats, belonging to such person, firm or corporation, to run at large, or to range on lands belonging to another, unless such person, firm or corporation shall first have the written consent of the owner of such land permitting same, in counties of this State having a population of not less than 30,622 and not more than 30,652, according to the United States census of 1930, or any such future census. Written consent required in certain counties. Section 2. Any person, firm or corporation violating the provisions of this Act shall, upon conviction, be punished as for a misdemeanor in the court having jurisdiction thereof. Penalty. Section 3. All provisions of law with reference to the prohibition of animals running at large in counties requiring stock to be kept up shall apply to goats in counties having a population of not less than 30,622 and not more than 30,652, according to the United States census of 1930 or any future census. Other provisions to apply. Section 4. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1939. HIGHWAY REFUNDING CERTIFICATES. No. 236. An Act to authorize a discount of highway refunding certificates issued to the various counties of this State pursuant to the constitution thereof; to prescribe the purpose for which the proceeds thereof may be used; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That any county in this State holding highway refunding certificates issued to it pursuant to Article 7, Section 8, Paragraph 1, of the Constitution of Georgia,

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as amended, and the Act of the General Assembly of Georgia of 1933, relating thereto, as amended, may sell or discount any such certificates as authorized by said Act of the General Assembly of 1933, as amended, at a rate of discount not exceeding four per cent per annum, and apply the proceeds of the sale or discount of such certificates to the payment of any lawful indebtedness of the county outstanding on the first day of March, 1939. Certificates discounted. Use of proceeds. Section 2. Section One of this Act shall be fully operative notwithstanding any provision of said Act of 1933, as amended, limiting the purposes for which the proceeds of the sale of any such certificates may be used. Section 3. Any county commissioner or other official of any county who shall violate any provision of this Act or apply any portion of the proceeds of the sale or discount of any such certificates to any purpose not authorized by this Act or otherwise by law, shall be guilty of a misdemeanor, and punished accordingly and upon conviction thereof be removed from office by order of the Judge of the Superior Court of such county. Punishment for improper use of funds. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1939. HOG COLERA PREVENTION. No. 335. An Act to prevent the spread of Hog Colera, to prescribe the method of purchase, distribution, and administering of hog colera serum and virus in this State, 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. For the prevention of the spread of hog colera in this State, on and after the passage of this Act hog colera serum and virus shall be purchased by a licensed Veterinarian, a County Agent or Demonstrator, a Vocational teacher, or a trained layman (who has been trained to proficiency by the State Veterinarian, or the County Agent or Demonstrator, or Vocational teacher, or by the State College of Agriculture); or by a farmer or swine breeder himself for his own use in vaccinating his own hogs with serum and virus, and it is further provided that hogs may be vaccinated or inoculated by a licensed Veterinarian, County Agent or Demonstrator, a Vocational teacher, a trained layman (who has been trained to proficiency by the State College of Agriculture, State Veterinarian, or County Agent or Demonstrator) or by a Farmer, or Swine breeder himself. Vaccination or inoculation. Section 2. It shall be unlawful for any serum plant to sell to any buyer in this State any serum or virus which does not have on it a Federal license number and serial number of serum and virus sold and the date it will lose its immune strength, and it is further unlawful for any person to vaccinate or inoculate a hog except that it has on it a Federal license number and serial number or the serum and virus used and that it is within the immune date required on the serum and virus. Requirements of serum or virus. Section 3. Authority is hereby granted to a licensed Veterinarian, or a County Agent or Demonstrator, or Vocational teacher, or a trained Layman, to issue a certificate showing that he has treated with serum, or serum and virus a hog or hogs, and a Farmer or swine breeder may make an affidavit before an officer that his hog or hogs have been vaccinated or inoculated by himself, and it is hereby ordered that all stock yards, or stock buyers, slaughter houses acknowledge said certificates, or affidavits as evidence that the hog or hogs have been vaccinated or inoculated, and shall acknowledge or receive

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same for purchase, sale, or shipment in this State, or to any point in this State or out of this State. Certificate of vaccination. Section 4. Nothing in this Act shall prohibit any County from purchasing or assisting the farmers by purchasing the serum and virus, and sharing the cost, or donating the cost to the farmers of serum and virus to encourage and increase swine raising in their Counties. County aid. Section 5. Any person violating the provisions, executions, or carrying out of this Act shall be guilty of misdemeanor, and shall be punished as such. Penalty. Section 6. Any section, clause, paragraph or sentence in this Act held unconstitutional by Court of competent jurisdiction shall not effect the validity of the other sections of this Act. Section 7. All laws and parts of laws in conflict with this Act shall be and are hereby repealed. Approved February 24, 1939. INCORPORATION OF TOWNSACT OF 1872 REPEALED. No. 226. An Act repealing that certain Act approved August 26, 1872 entitled An Act to prescribe the manner of incorporating towns and villages in this State. Section 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 entitled An Act to prescribe the manner of incorporating towns and villages in this State, and incorporated in the Acts of 1872 pages 16 to 23, inclusive, and approved August 26, 1872, and having reference to incorporation of towns and villages by order of the Superior Court be and the same is hereby repealed. Act of 1872 repealed. Incorporation by Superior Court.

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Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 20, 1939. INDUSTRIAL BOARDRETIREMENT. No. 264. An Act to provide for the retirement of any Member of the Industrial Board upon having attained the age of seventy years, with fifteen or more consecutive years of service; to provide method of payment of compensation to retired Members from the funds derived from workmen's compensation insurance carriers and self-insurers by the Industrial Board, and from no other source; to provide duties of retired Members; to provide method of filling vacancies caused by such retirement; to repeal all conflicting laws and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same; That from and after the passage of this Act any Member of the Industrial Board of Georgia now in office may retire from the Board at any time after having attained the age of seventy years and after not less than fifteen consecutive years of service as a Director or Commissioner, upon giving the Governor notice in writing of his intention so to do, stating in such notice the date upon which retirement will become effective. Retirement. Section 2. Any Member of the Industrial Board retiring under the provisions of this Act shall after such retirement and for so long as he may live, be paid by the Industrial Board, annual compensation in the amount equal to three-fourths of the annual salary being received by him immediately prior to his retirement, not to exceed

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$1800.00 per year; such compensation shall be paid by the Industrial Board in monthly or semi-monthly installments out of the funds collected pursuant to the provisions of the Workmen's Compensation Act from workmen's compensation insurance carriers and self-insurers. No other funds of any kind or nature shall be used to pay a retired Member compensation except as above stated. Compensation. Section 3. Any Member of the Industrial Board retiring under the provisions of this Act shall upon order of the Industrial Board hear and determine any case which from time to time may be assigned to a retired Member of the Board, and such retired Member in the conduct of such hearings shall conform to the provisions of the Workmen's Compensation Act and while so trying such cases shall be under the direction and control of the Industrial Board. Cases may be assigned to retired members. Section 4. Vacancies caused by such retirement shall be filled in the manner prescribed by law for filling vacancies otherwise occurring on the Industrial Board, but no vacancy shall be deemed to exist on the Board because of the death of any person in retirement pursuant to the provisions of this Act. Vacancies. Section 5. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 24, 1939. INTRACOASTAL WATERWAY COMMISSION. No. 385. An Act to provide for the creation of the Georgia Intracoastal Waterway Commission, and defining its powers and duties; to provide for easements, rights-of-way and spoil disposal areas for the United States Government for the Intracoastal Waterway and its tidal tributaries, by donation, purchase, or condemnation, and to provide

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for an immediate remedy and prompt payment to persons suffering damage incidental to the construction and maintenance of such Waterways, and for other purposes. The General Assembly of Georgia does enact: Section 1. For the purpose of aiding in the construction and maintenance by the United States of the Intracoastal Waterway and its salt-water tributaries, all of which will hereinafter be referred to as the Intracoastal Waterway, from the State boundary line in the Savannah River to the State boundary line in Cumberland Sound, all of which is authorized by the Congress of the United States by the River and Harbor Act approved June 20, 1938, authorizing the construction of the Intracoastal Waterway to a depth of 12 feet from Savannah River, Georgia, to Cumberland Sound, Georgia, in accordance with the project described in House Document No. 618, 75th Congress, Third Session, and subject to the conditions set forth in said document, and by the River and Harbor Act approved August 26, 1937, authorizing the construction of a protected as part of the Intracoastal Waterway, around St. Andrew Sound, Georgia, to a depth of 7 feet in accordance with the project described in Senate Committee Print, 74th Congress, first session, and subject to the conditions set forth in said document, the Governor and the Secretary of State are hereby authorized to issue to the United States of America a grant, or grants, of a perpetual right and easement to enter upon, cut away and remove any and all of the land, including submerged lands, composing a part of the channel rights-of-way, anchorage areas and turning basins as may be required at any time for construction and maintenance of the aforesaid Intracoastal Waterway, and to maintain the portions so excavated, thereby created as a part of the navigable waters of the United States; and a further perpetual right and easement to enter upon, occupy and

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use any portion of the land, including submerged land, composing a part of the spoil disposal area not so cut away and converted into public navigable waters as aforesaid, for the deposit of dredged material, and for such other purposes as may be needful in the construction, maintenance and improvement of the said Intracoastal Waterway, in so far as such lands, including submerged lands, are subject to grant by the State of Georgia, the said grant to issue upon a certificate showing the location and description of said rights-of-way and spoil disposal areas furnished to the Governor by the Secretary of War or by any authorized office of the Corps of Engineers of the United States Army, or by any other authorized official exercising control over the construction or maintenance of the said projects. Purpose. Grant of easements to United States. Section 2. Seven responsible citizens of the State of Georgia, two of whom shall be residents of the County of Chatham, one a resident of the County of Bryan, one a resident of the County of Liberty, one a resident of the County of McIntosh, one a resident of the County of Glynn and one a resident of the County of Camden, shall constitute a commission to be known as the Georgia Intracoastal Waterway Commission, the member or members from each county may be County Commissioners, and shall be elected by the Commissioners of Roads and Revenue or other authority having charge of the fiscal affairs of each county respectively and shall be elected for a term expiring January 1, 1943, and at the expiration of their term their successors shall be elected in like manner for a term of four years. Each of the several members of the said Commission shall hold such office only so long as he shall remain a resident of the county from which he is appointed. Upon the disqualification, resignation, death or removal from office of any members a successor shall be appointed in the same manner hereinbefore described. The majority of the members of said commission shall constitute a quorum at all meetings of the commission.

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The commission shall have the right to make such regulations and by-laws for the governing of its affairs, not in conflict herewith, as it may deem proper. The Commission shall work in cooperation with the Officers and Departments of the United States Government in acquiring rights-of-way, spoil disposal areas and other necessary property and rights, for said Intracoastal Waterway, and may in its own name acquire by purchase, gift or condemnation to such lands property and rights as are necessary for such purpose. Intracoastal Waterway Commission. If for any reason the said Commission shall be unable to secure any such property or rights required by the United States Government for the construction and maintenance of the aforesaid Intracoastal Waterway from the Savannah River to Cumberland Sound, by voluntary agreement with the owner or owners thereof on terms and conditions satisfactory to it, the said Commission, is hereby vested with the power to condemn the same, and in so doing to employ the way, means, method and procedure of Chapter 36-11 of the Georgia Code of 1933, relating to the acquisition of property by condemnation on the part of the State of Georgia and of the United States; and in all instances the general and specific benefits the owner or owners thereof shall be assessed as offsets against the damages to such property or lands. In the event it becomes necessary in any such proceeding to perfect service on the Commission, service upon any member of the Commission shall be deemed sufficient and the venue of suit shall be in the county of residence of such member; when such easement or property is thus acquired, the Georgia Intracoastal Waterway Association shall execute a deed conveying the same to the United States. Condemnation. Deeds to United States. The Association shall have a seal, shall elect one of its members President, with such powers and duties as the Commission may prescribe. The Commission may also elect a Secretary and a Treasurer who need not be members

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of the Commission. A chartered State or National Bank may act as Treasurer. Intracoastal Waterway Association. Section 3. The said Georgia Intracoastal Waterway Commission shall have the right to receive gifts and donations of money or property from individuals, firms, corporations and political subdivisions and to use the same in defraying expenses of the Commission and the costs of acquiring the property and rights necessary for the construction, maintenance and improvement of the said Intracoastal Waterway. Donations. Section 4. If any of the lands or property, the use of which is required for right-of-way and spoil disposal areas, shall have been leased by the Georgia Department of Natural Resources, Division of Wild Life, to any individual, firm or corporation for the cultivation and gathering of oysters, the said Division of Wild Life is hereby authorized and directed to substitute for such leased areas lying within the rights-of-way and spoil disposal areas, other equal areas lying without the rights-of-way and spil disposal areas, that are also suitable for the cultivation and gathering of oysters. Oyster bed leases. Section 5. Any person, firm or corporation, their heirs, executors, administrators, successors or assigns, who may be compensated for damages to oysters during construction of the said Intracoastal Waterway shall be estopped from making further claims for damage to oysters in or upon the same area on account of dredging operations during maintenance of the said Intracoastal Waterway. Compensation for damage to oysters. Section 6. The Governor of the State of Georgia is hereby authorized to assign one of the assistant Attorney Generals to assist the Georgia Intracoastal Waterway Commission for such length of time as may be necessary for the purpose of making investigations as to the State of the title and the present ownership of such lands as

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may be necessary in connection with the improvement and construction of the Intracoastal Waterway, and it shall also be the duty of such Assistant Attorney General to make such abstracts of title and furnish such muniments of title as may be required by the said commission, and to represent the said Commission in condemnation proceedings pursuant to the authority given in this Act; provided that the said Commission may in its discretion in all matters be represented by counsel other than such assistant attorney general. Assistant Attorney General to help. Section 7. For the purpose of determining the lands easements, and property necessary for the uses herein set out, the Georgia Intracoastal Waterway Commission or the United States Government, or the agents of either, shall have the right to enter upon any lands along the general line of the right-of-way for the purpose of locating definitely the specific lines of said rights-of-way and the land required for said purposes, and there shall be no claim against the State of Georgia or the United States for such acts as may be done in making said surveys. Locating rights of way. Section 8. Neither this Act, nor any part thereof, or any grant or deed made under the authority hereof shall operate to divest the State of Georgia of jurisdiction over any lands; and all civil and criminal process issued under authority of any laws of this State may be executed in, or on, any part of the lands or premises devoted to the use of the said Intracoastal Waterway, or to any use incidental thereto, to the same effect as if this Act had not been enacted and as if such grant or deed had not been executed. State jurisdiction of land. Section 9. All Acts or parts of Acts inconsistent with the provisions of the Act are hereby repealed to the extent of such inconsistency. Section 10. If any clause, sentence, section or provision of this Act shall be held unconstitutional, such invalidity

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shall not affect or impair the remaining portions of this Act. Section 11. This Act shall take effect immediately upon its approval by the Governor. Approved March 24, 1939. JUNK DEALERS REGULATED. No. 284. An Act prohibiting any person, firm or corporation, or officer thereof, engaged in the purchase of junk, and commonly known as a junk dealer, to enter upon the lands of another for the purpose of soliciting business or buying junk, without the written permission of the owner of the land or permission of the tenant thereof; to provide that all persons, firms or corporations engaged in the purchase of junk shall register with the Ordinary of each county in this State in which such business is conducted; to provide the method of registration and the fee therefor; to define the term junk and junk dealer; to fix the punishment for a violation of this Act; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That from and after the passage of this Act it shall be unlawful for any person, firm or corporation, or officer thereof, or agent or employee of such person, firm or corporation engaged in the purchase of junk, and commonly known as a junk dealer, to enter upon the lands of another person, without the written consent of the owner or tenant in possession of said land, for the purpose of buying junk, or soliciting for the purpose of buying junk, or, after entering upon such land, to purchase or offer to purchase junk in any manner whatsoever. Written consent to enter upon lands of another.

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Section 2. No person, firm or corporation, or employee of any person, firm or corporation, shall engage in the business of purchasing junk in any county of this State, without first registering his name with the Ordinary of the county in which he intends to engage in such business, the name to be entered upon a book in the Ordinary's office, to be known as the Junk Dealers' Book, and paying to the Ordinary of the county the registration fee as hereinafter provided. Registration. Section 3. The yearly registration fee provided for in the preceding section shall be the sum of One Dollar ($1.00), the same to be paid to the county ordinary at the time of registration by each person, firm or corporation, and by the individual agent and employee of any person, firm or corporation engaged in the business of purchasing junk in such county. All fees paid to the ordinaries under the provisions of this Act shall be and remain the property of said ordinary, and the ordinary shall issue to the person making such payment a proper receipt therefor. Registration fee. Section 4. As used in this Act, the term junk shall have the following meaning: Any used article of commerce which is composed principally of iron, steel, brass, copper, zinc, or their alloys, or any other base metals, and which is commonly bought for the purpose of re-sale and re-fabrication, either one or both. Junk defined. Section 5. The term junk dealer, as used in this Act, shall be held to mean any person, firm or corporation, or officer, agent and employee of any person, firm or corporation who engages in the purchase of used articles of commerce principally composed of iron, steel, brass, copper, zinc, or their alloys, or any other base metals, when the same is bought for the purpose of re-sale and re-fabrication, either one or both. Junk dealer defined. Section 6. Any person, firm or corporation, or officer, agent or employee thereof, violating the provisions of

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this Act shall be guilty of a misdemeanor, and shall be punished by a fine of not less than $50.00, or more than $100.00, or imprisonment not to exceed six months, any one or both of these punishments in the discretion of the court. Punishment for violation. Section 7. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1939. JUSTICES OF THE PEACECOMPENSATION. No. 388. An Act to provide the manner in which Justices of the Peace and Notaries Public Ex-Officio Justices of the Peace shall be compensated in criminal cases in counties of the State of Georgia having a population of not less than 9,010 and not more than 9,020 according to the official United States census of 1930 or any future census of the United States, and for other purposes. Be it enacted by the General Assembly of Georgia, as follows: Section 1. That all Justices of the Peace and Notaries Public who are Ex-Officio Justices of the Peace in counties of the State of Georgia having a population of not less than 9,010 and not more than 9,020, according to the official United States Census of 1930, or any future official census of the United States shall be compensated in criminal cases in the way and manner hereinafter prescribed. Applicable to certain counties. Section 2. Said officers above named shall present their bill of costs to the Solicitor-General and Judge of the Superior Court of said county at each term of said superior court, which bill shall be itemized, and with the affidavit of such officer who is seeking payment of his costs, that

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said itemized statement is correct and that none of said bill of costs has heretofore been paid by the county or the prosecutors or defendants or any other parties. It shall then be the duty of said Solicitor-General and Judge of the Superior Court to examine said itemized statement, and certify as to whether they approve or disapprove such bills of costs, and if disapproved in part, that part which does not have the approval of both the judge and the solicitor-general shall not be paid by the county and if disapproved in whole, none of said bill shall be paid. However, if said bill is approved in part, the part approved by both the judge and solicitor, shall be paid, and if approved in whole, the entire bill shall be paid, as hereinafter provided. Compensation in criminal cases. Section 3. The approval of said bill of costs in whole or in part shall operate as an order to have same entered on the minutes of the court, and shall operate further as a warrant on the county treasurer, to be by said county treasurer or other proper county officer in charge of the fiscal affairs of said county, paid out of the General treasury, to the extent in which said bill is approved. Payment. Section 4. The provisions of this law shall only apply to criminal cases. Section 5. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 24, 1939. LANDOWNER'S ACTION FOR CONVERTED TREES. No. 260. An Act to authorize the record owner of legal title to an interest in land as security for debt to recover trees, or their value, from any person, firm or corporation, who, without the written consent of such owner, buys,

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sells, cuts, holds, removes, disposes of, changes the form of, or otherwise converts any trees growing or grown on such land; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, that: Section 1. Every person, firm or corporation, who, without the written consent of the owner of legal title to land or an interest in land as security for debt, as shown by the public records of the county where such land is located, buys, sells, cuts, removes, holds, disposes of, changes the form of, or otherwise converts to the use of himself, itself or another, any trees growing or grown on such land, shall be liable to such owner of such legal title for such trees or the value thereof, in any form, bought, sold, cut, removed, held, disposed of, changed in form, or otherwise converted by him or it; provided that recovery may not be for more than the unpaid portion of the secured indebtedness, interest thereon, and a reasonable attorney's fee; provided such recovery may be had by action at law from the purchaser or purchasers of such interest in the trees, mineral, or other rights or interest in said encumbered real estate, either jointly or severally, with the holder of the equitable title; the owner of said land shall be allowed to use said timber for his own use, such as firewood or other necessary uses of timber in and around said farm. Liability. Limit of recovery. Owner's use of timber. Section 2. All laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved March 24, 1939. LANDTITLE REGISTRATION LAWAMENDMENT REPEALED. No. 70. An Act to repeal an Act approved August 27, 1931 (Georgia Laws 1931, page 190) entitled An Act to provide

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for the assurance, registration and transfer of land titles and interest therein, and for other purposes, and for other purposes. Section 1. Be it enacted by the General Assembly, and it is hereby enacted by the authority of same, that the Act approved August 27, 1931, Georgia Laws 1931, page 190, and reading as follows: Act of 1931 repealed. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, that from and after the passage of this Act section 4 of said Act approved August 21, 1917, be and the same is hereby amended by adding at the end of section 4 the following words, to wit: For the purposes of this Act no tax deed shall be treated as a muniment of title, or admitted in evidence, or considered by the examiner of the court as a conveyance of title, color of title, or claim of title, unless the same shall have been executed, delivered and recorded more than seven years before the filing of the petition for registration of title of the land described in such deed. 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. That this Act applies only to the Torrens Land Registration Act (approved August 21, 1917), and described in section (1) one of this Act, and shall not be construed to prohibit the introduction of evidence in any other matter or action. Be and the same is hereby repealed in its entirety. Section 1A. This Act shall not apply to any suit pending in any of the Courts of this State. Not applicable to pending suits. Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. Approved February 21, 1939.

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LIBEL. No. 225. An Act to make additions to the law of libel by newspapers, magazines or periodicals; to provide for the giving of notice by the plaintiff to the defendant before the institution of any action for libel by any newspaper, magazine or periodical; to provide for the correction or retraction of any such libel; to define the liability for any such libel as is dealt with under the provisions of this Act where the same is published in good faith under an honest mistake of facts with reasonable grounds for believing that the statements therein were true and after a full and fair correction or retraction thereof after notice; 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. Before any civil action shall be brought because of any publication of a libel in any newspaper, magazine or periodical, the plaintiff shall, within the period of the statute of limitations for such actions and at least five days before instituting such action, give notice in writing to the defendant specifying the article and the statements therein which he claims to be false and defamatory and further stating in said notice what the complaining party claims to be the true state of facts. Notice to defendant. Section 2. If it appears upon the trial of any case in which such notice has been given that the article published was true or that the same was privileged, the same shall be governed by all the laws of Georgia now in force in reference to such actions, and the truth shall be a complete defense and the privileged communication, if there be no malice, as is now provided, shall be a complete defense, but in all other cases if it appears upon the trial that said article was published in good faith, that its publication

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was due to an honest mistake of the facts; that there were reasonable grounds for believing that the statements in said article were true, and that within ten days after the service of said notice a full and fair correction or retraction was published in the same editions or corresponding issues of the newspaper, magazine or periodical in which said article appeared and in as conspicuous a place and type as was said original article, then the plaintiff in such case shall recover only such special or actual damages as the plaintiff shows he has sustained. True or privileged articles. Retraction. Special or actual damages. Section 3. This Act shall not apply to any action for libel now pending in any of the courts of this State. Not applicable to pending actions. Section 4. All laws and parts of laws in conflict with this Act or any part thereof are hereby repealed. Approved March 20, 1939. LIMITATION FOR EQUITY INTERVENTIONS. No. 292. An Act to provide for limitation of time in which parties may intervene in any case in equity, now pending or hereafter pending, where assets are being administered, marshaled or otherwise disposed of, providing for service by publication on all parties interested in such assets of an order, to be granted by the court, requiring the parties at interest to intervene within the time designated in such order, 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, in all equity cases now pending, or hereafter pending, in the Superior Courts of this State, wherein assets of either or both parties to the cause are being administered, marshaled or otherwise disposed of by the Court, the court, upon motion of either party to the case, or, on its own motion at least sixty days before the trial term,

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shall pass an order to be entitled in the cause and addressed to all parties concerned, requiring all parties claiming an interest in said assets to intervene in the cause not later than a certain date, which is to be fixed by the court, of not less than sixty days from the date of the order and not more than ninety days from the date thereof, and after such order is so passed the same shall be published in the newspaper in the county, in which the case is pending and in which the Sheriff's advertisements are published, twice a month for two consecutive months. Time limit for intervention where assets are being disposed of by court. Section 2. Be it further enacted by the authority aforesaid that, after said order has been so passed and published, and after the expiration of the time for intervening, as fixed by the order, all parties interested in said assets shall be forever barred from intervening in the case. Intervention barred. Section 3. Be it further enacted by the authority aforesaid that all laws, or parts of laws, in conflict with this Act be, and the same are hereby, repealed. Approved March 24, 1939. LIS PENDENS. No. 58. An Act to provide for the filing of a lis pendens in the office of the Clerk of the Superior Court in all suits, seeking legal or equitable relief as to real property, to be affected by said suit, in the County where such real property is located, and providing for the keeping of a lis pendens docket for the recording of such pendens, for the dismissal and cancellation of lis pendens on real property, the recording of executions in General Execution Dockets, establishing the time when executions become a lien on real property, 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 from and after the passage of this Act, no suit, whether seeking legal or equitable relief, or both, as to real property in this State, shall operate as a lis pendens as to any such real property involved therein until there shall have been filed in the office of the Clerk of the Superior Court of the county where such real property is situated and shall have been recorded by such Clerk in a book to be kept by him for the purpose, a notice of the institution of such suit, containing the names of the parties, the time of the institution of the suit, the name of the court in which it is pending, a description of the real property involved and a statement of the relief sought as to such property. Suit not a lis pendens as to real property unless recorded. Section 2. The Clerks of the Superior Courts of this State from and after the passage of this Act shall keep a lis pendens docket in which shall be recorded all notices of lis pendens on real property filed with them, such lis pendens docket to have proper indexes, and such indexes to be arranged alphabetically, both as to direct and inverse, and the Clerks of this State shall be allowed a fee in the amount of 15 per each 100 words, or fraction thereof, for recording such lis pendens in said lis pendens docket. Lis pendens docket. Recording fee. Section 3. Be it further enacted that upon the dismissal of any such suit by the plaintiff or plaintiffs, settlement or final judgment entered therein, such dismissal, settlement or final judgment shall be indicated on the face of said lis pendens record by the Clerk of the Superior Court of each County where said Lis Pendens is recorded, and the Book and Page of the Records where such final order or judgment may be found shall also be indicated on said Lis Pendens record by said Clerk. Final judgment to be entered. Section 4. Be it further enacted that this Act shall in no wise affect or alter the law of Georgia as it now exists with respect to personal property. Law as to personal property not changed. Section 5. Be it further enacted that this Act shall in no wise affect or alter the law of Georgia as it now exists

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with respect to judgments, executions, and attachments, the liens they create, their enforceability, the recording of executions in General Execution Dockets, the notice given by such recording, or otherwise, except that from and after the date of the passage of this Act, no judgment, execution or attachment, shall bind the property of the defendant or defendants, as against the interest of third parties acting in good faith and without notice, where no notice of Lis Pendens as hereinbefore required has been filed in the Office of the Clerk of the Superior Court of the county where the land is situated, until the execution issuing on said judgment has been recorded in the General Execution Docket of the county where the land is situated. Other laws not affected. 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 21, 1939. MOTOR VEHICLESALLOCATION OF LICENSE FEES. No. 163. An Act to amend an Act amending Title 68 (Motor Vehicles) approved December 24, 1937 (Georgia Laws Extra Session 1937-1938) by striking Paragraph 18 referring to allocations of funds in its entirety and substituting in lieu thereof a new Paragraph 18 to read as follows: The funds derived from the annual license fees herein levied is hereby allocated to the rural post road division of the State Highway Department for the purpose of building and improving the rural post roads system of the State Highway Department. 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 Paragraph 18 of the Act to amend Title 68 (Motor Vehicles) Chapter 68-2 (License for Motor Vehicles and Chauffeurs) of the code of Georgia 1933 approved December 24, 1937 (Georgia Laws, Extra Session 1937-1938) which reads as follows: Par. 18 of Act of 1937-1938 repealed. 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. Be and the same is hereby repealed. Section 2. The funds derived from the annual license fees herein levied is hereby allocated to the rural post road division of the State Highway Department for the purpose of building and improving the rural post roads system of the State Highway Department. New par. 18. Allocation of annual license fees. Section 3. All laws and parts of law in conflict herewith be and the same are hereby repealed. Approved March 8, 1939.

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MUNICIPAL HOSPITALS. No. 424. An Act to provide that in any city in the State of Georgia having a population of not less than fourteen thousand four hundred, and not more than fifteen thousand by the United States Census of 1930, the governing body, or body of persons in charge of the business and fiscal affairs of the municipality shall be authorized and have authority to take over by deed, lease, contract, agreement, grant or otherwise, the operation and maintenance of any hospital now in existence, or now maintained, and/or located in said municipality, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority aforesaid, as follows, to-wit: Section 1. That from and after the passage of this Act, any municipality or city in the State of Georgia having a population of not less than fourteen thousand four hundred, and not more than fifteen thousand, by the United States Census of 1930, may, through its supreme governing body, and/or the officers or persons charged with the duty of managing the business and financial affairs of such municipality, and are authorized to, by deed, grant, agreement, lease, contract, or otherwise, for a definite or indefinite term of years, or in fee, take over the management and operation, and/or ownership, and/or maintenance as a charge upon the municipality or city, any hospital now in existence, and/or maintained, and/or operated in said municipality. Certain cities authorized to take over hospitals. Section 2. In the operation and maintenance of such hospital or hospitals said municipality shall be authorized to receive donations, and/or grants, and/or gifts, and to receive contributions from any source whatsoever, and to make reasonable charges to patients other than charity

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patients using the facilities of said hospital, and said municipality is authorized by contract or agreement to contract with the county in which said municipality is located, to take care of the charitable patients of said county, upon terms mutually satisfactory between said City and said County. Donations and pay patients. County charity patients. Section 3. Prior or subsequent to the accepting of said hospital by deed, gift, grant, lease, or otherwise, said municipality, through its governing authorities, shall, by proper ordinance, provide for the management, operation and maintenance of said hospital. Ordinance. Section 4. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 23, 1939. NON-PROFIT, COOPERATIVE, MARKETING ASSOCIATIONS' POWERS ENLARGED. No. 254. An Act to regulate and enlarge the powers of cooperative associations organized under the Cooperative Marketing Act, approved August 15, 1921, entitled An Act to promote, foster and encourage the intelligent and orderly marketing of agricultural products through cooperation, and to eliminate speculation and waste; and to make the distribution of agricultural products as direct as can be efficiently done between producer and consumer; and to stabilize the marketing problems of agricultural products; and for other purposes, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same: Section 1. That a cooperative association organized under the Cooperative Marketing Act, approved August

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15, 1921, may join with other such associations, or with individuals, firms, partnerships, or other associations or corporations engaged in the production of agricultural products, to form a non-profit cooperative association, with or without capital stock, under the provisions of the Cooperative Marketing Act, approved August 15, 1921, and amendments thereto, and may organize, form, operate, own, control, have an interest in, own stock of, or be a member of any association, with or without capital stock, or any other corporation engaged in any activity authorized by the Cooperative Marketing Act, approved August 15, 1921, and amendments thereto. Cooperative associations may join in other non-profit cooperative associations. Section 2. That common stock of cooperative associations organized under the Cooperative Marketing Act, approved August 15, 1921, may be transferred only to other such associations, and to individuals, firms, partnerships and other associations and corporations engaged in the production of agricultural products, and such restrictions must be printed upon every certificate of common stock. Stock transfer. Section 3. That a cooperative association organized under the Cooperative Marketing Act, approved August 15, 1921, may engage in activities in connection with production of agricultural products and furnishing to its members farm business services. Activities. Section 4. That a cooperative association organized under the Cooperative Marketing Act, approved August 15, 1921, may, during any fiscal year, handle agricultural products of and engage in other business for non-members of value equal to but not greater than that for members. Non-members. Section 5. That net income of a cooperative association organized under the Cooperative Marketing Act, approved August 15, 1921, in excess of additions to reserves surpluses, and other authorized deductions, may be distributed to members and to non-member patrons on the

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basis of patronage. Any distribution of reserves or surpluses at any time shall be made to members at the time distribution is ordered, and other persons entitled thereto, on the basis of patronage. Distribution of excess income. Section 6. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 24, 1939. PENSIONS MUNICIPALAMENDING ACT. No. 192. An Act to amend an Act approved August 20th, 1927, as amended by the Act approved March 28th, 1935, and further amended by an Act approved January 21st, 1938, entitled An Act to provide that cities having a population of more than 150,000 by the United States census of 1920, or subsequent census, shall furnish pensions to all officers and employees of such cities who have served for Twenty-five (25) years, now in active service, whose names are on the Payroll of the City, and to future members as specified: etc. By amending Section 5 of said Act as amended by the Act approved March 28th, 1935 and further amended by an Act approved January 21, 1938, so as to open up said pension fund to non-contributing officers or employees that may desire to become a member of said pension fund on or before June 1st, 1939; 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: That the Act approved August 20th, 1927, as amended by the Act approved January 21, 1938 be and the same is hereby amended as follows:

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Section 1. That the Act approved August 20th, 1927, as amended by the Act approved March 28th, 1935, and particularly Section 5 of said last named Act as amended by the Act approved January 21, 1938, be and is hereby further amended by striking from the third line of Section 5 of said Act as enacted in the amendment approved February 3, 1938 (Georgia Laws Extra-Session 1937-38, P. 350 thereof), the figures 1938 and inserting in lieu thereof the figures 1939, so that as amended said section 5 shall read as follows: Act of 1927 amended. Section 5 Any officer or employee who is not now contributing to any pension fund may on or before June 1, 1939, 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 on 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. Provision for non-contributing employees to become members of pension fund. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 16, 1939.

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PHOTOSTATIC COPIES BY CLERKS. No. 120. An Act to authorize the clerk of the Superior Court or other proper officer in counties of this State having a population of two hundred thousand or more by the census of 1930, or any future census; to install photostatic equipment or other photographic equipment for the purpose of recording chattel mortgages or other personal property contracts; to provide that the same may be provided by the proper county authorities; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority aforesaid, that from and after the passage of this Act in all counties of this State having a population of two hundred thousand or more by the census of 1930, or any future census, the clerk of the Superior Court or other officer now or hereafter authorized by law to record chattel mortgages or other personal property contracts, may install and use a photostatic machine; or may install and use photographic equipment of approved kind; and use said installed equipment in the recording of such instruments in lieu of the present commonly used method of printing, typing or hand writing the same. Certain counties may use photostatic or photographic equipment for recording personal property contracts. Section 2. Be it further enacted by the authority aforesaid that if and when such equipment is installed and used by such clerk or other officer in recording instruments herein provided for, provision shall be made for the proper, orderly, filing in a book, or receptacle, for that purpose the pictures or photostats or other photographic result, of the instruments in this Act mentioned; or for the proper and orderly filing in a receptacle provided for that purpose of the films or negatives produced as a result of said photostatic or photographic method of recording. Filing negatives.

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Section 3. Be it further enacted by the authority aforesaid that the authority given for the installation of the equipment mentioned in this Act for the recording of the instruments herein referred to is permissive only. Not mandatory. Section 4. Be it further enacted by the authority aforesaid that this Act is not to apply to deeds, loan deeds, quit-claim deeds or any other form of conveyance relating to or pertaining to real property. Not applicable to conveyances of real property. Section 5. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 3, 1939. PLUMBERS AND STEAM FITTERS. No. 229. An Act to provide for the examination of master and journeyman plumbers and steam fitters, carrying on said vocations in counties having a population of 150,000 inhabitants or more by the U. S. census of 1930 or any future U. S. census; to create a Board of Examiners for said purpose and to provide for the issuance and renewal of certificates for carrying on the said vocations; and to provide for a penalty of the violation of said Act; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same that the Act entitled an Act to provide for the examination of master and journeyman plumbers and steam fitters, carrying on said vocations in counties having a population of 150,000 inhabitants or more by the U. S. census of 1930 or any future U. S. census; to create a Board of Examiners for said purpose and to provide for the issuance and renewal of certificates for carrying on the said vocations; and to provide for a penalty of the

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violation of said Act; and for other purposes, be and the same is hereby amended by striking therefrom Section 16 (a) and inserting in lieu thereof a new section to be known as Section 16 (a) and reading as follows: Act of 1937 amended. Section 16 (a). The provisions of this Act shall apply within the limits of all municipalities in this State lying within counties having a population of 150,000 inhabitants or more by the U. S. Census of 1930 or any future Census except that the provisions of this Act shall not apply within the limits of any municipality in this State having a population of 150,000 inhabitants or more by the U. S. Census of 1930 or any future Census. Certain cities excepted. 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. Public utility corporations excepted. 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 March 20, 1939. POLICE PENSIONSAMENDING ACT. No. 179. An Act to amend an Act approved February 15, 1933, entitled An Act to repeal an Act approved August 18, 1925, and to provide for a pension for members of the Police Department in cities having a population of one hundred fifty thousand (150,000) or more, in the State of Georgia, according to the last census of the United States, etc. approved February 15, 1933, (Acts 1933, p. 213); to provide that the rate of pension for policemen retired on account of years of service or total disability be seventy-five ($75.00) Dollars per month; to provide for continuance of pensions to widows, children or dependent mothers of deceased policemen;

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to provide for retirement on account of total disability after fifteen (15) and twenty (20) years service; to provide for continuance of pensions to widows, children and widowed mothers of policemen now in retirement on account of physical disability; 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 February 15, 1933, entitled An Act to repeal an Act, approved August 18, 1925, etc. and to provide for a pension for members of the police department in cities having a population of one hundred and fifty thousand or more, in the State of Georgia, according to the last census of the United States, etc. (Acts 1933, p. 213), be and the same is hereby amended as follows: Act of 1933 amended. By striking Section 4 of said Act and inserting in lieu thereof the following: Section 4. That in the event a member of such police department, in good standing, shall be retired under the provisions of this Act, because of total disability from injuries received, or because of poor health, that shall render him totally disabled as a result of such police service, but not on account of injuries or ill health brought about on account of his own indiscretion or his own act, he may apply for a disability pension under the provisions of this Act, which shall not exceed the sum of seventy-five ($75.00) dollars per month, if granted, and in the event of his death, after being placed on such pension, his widow, if living shall receive forty ($40.00) dollars per month for her benefit and the benefit of dependent children under sixteen years of age of the deceased officer. If the widow should die or remarry the pension going to her shall go to the dependent children under sixteen

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years of age, and be discountinued when they reach the age of sixteen (16) years, and if no children, to the mother of the deceased officer if she be a widow and dependent. Should the Board of Trustees refuse to grant an order of retirement, of a disability pension applicant, said applicant may select a physician, and the Board in charge of the administration of this Act for such police department shall select a physician, and the two physicians shall select a third physician, and these three physicians shall examine the applicant and determine whether or not he is totally disabled, and the decision of a majority of these physicians so selected shall be final on the question as to his total disability and as to his right to participate in a pension on this account, under the terms of this Act. New Sec. 4. Total disability. Section 2. That said Act is further amended by adding a new section to be known as Section 4 (a): Section 4 (a). Any member in good standing who shall have served twenty years and not over twenty-five years, who shall die or become totally disabled from injuries or sickness, outside of police duties, and not from his own indiscretion or his own act, shall be paid fifty ($50.00) dollars per month while totally disabled, and in the event of his death, while so disabled, his wife shall draw thirty ($30.00) dollars per month for her benefit and the benefit of any minor children of deceased who are under sixteen years of age, and in the event of the death or remarriage of the wife, the dependent children under sixteen years of age shall receive said amount, and if no wife or children, the money shall go to the mother of the deceased officer if a widow and dependent. Any member, in good standing who has served as much as fifteen and not over twenty years shall be entitled to a pension or benefit of forty ($40.00) dollars per month, and his wife, children under sixteen years of age, or widowed mother, as aforesaid, shall receive twenty ($20.00) dollars

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per month under the same rules as the twenty to twenty-five year members. Disability from causes outside of police duties. Section 3. That said Act be further amended by adding a new section, to be known as Section 4 (b): Section 4 (b). The provisions of this amendment providing for the continuance of pensions to widows, children and widowed mothers, shall be applied and effective as to those policemen who prior to the passage of this Act have been retired because of physical disability, and upon the death of such retired policeman, they shall be entitled to receive the amount of pensions provided for under Section 4. Widows, children, and widowed mothers. Section 4. That said Act be further amended by adding a new section, to be known as Section 9 (a): Section 9 (a). That from and after the passage of this amendment, and its approval by the Governor, all members shall pay an additional one ($1.00) dollar, or a total of four ($4.00) dollars per month, including the three ($3.00) dollars provided in Section 9. This is to cover the additional benefits herein provided. Additional payment by members. Section 5. That said Act be further amended by adding a new section to be known as Section 2 (a): Section 2 (a). All members in good standing, active and inactive, shall be allowed to vote in all elections of officers of the Pension Fund, and after an officer has served twenty-five years actual service he shall be entitled to his pension. Voting. Section 6. That the words and figures sixty ($60.00) dollars per month, wherever the same appear in said Act be and are hereby stricken, and in lieu thereof the words and figures Seventy-Five ($75.00) dollars per month be inserted. It being the purpose of this amendment to apply to those now on pension by reason of retirement

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of service or disability, as well as to future members. Amount of pension. Section 7. The provisions of this amendment shall become effective April 1, 1939. Section 8. The rights herein created shall not be construed as rights under a contract, but the rate and amount of pension fixed under said Act, as amended, shall be subjected to reduction by the legislature in the future, provided, however, said reduction shall not be below the rate or amount fixed by the Act of 1933. Reduction of rate. Section 9. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 16, 1939. PRIVATE BANKSEXCHANGE ON CHECKS No. 336. An Act to give private bankers the right to charge exchange on checks drawn on them when presented by any bank, banker, trust company or agent thereof, and paid either in money or in exchange drawn on approved reserve Agents. Section 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, so called private banks or private bankers, doing a banking business in the State of Georgia, and not within the definition of A Bank, as defined in the banking laws of Georgia, shall have the right to pay checks drawn upon it or them when presented by any bank, banker, trust company, or any agent thereof, either in money or in exchange drawn on its approved reserve agents, and to charge for such cash payment or exchange check, an exchange charge of not exceeding one-eighth (1/8) of One

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Per cent. (1%), of the aggregate amount of the check or checks so presented and paid. Amount of exchange. Section 2. The phrase Approved Reserve Agent as used in this Act, shall apply to and be understood to mean such banks as operate under the Georgia State Banking Law as approved by the State Superintendent of Banks, and/or National Banks operating under the supervision of the Comptroller of the Currency. Approved reserve agent defined. Section 3. Be it further enacted that all laws or parts of laws in conflict with this law be, and the same are, hereby repealed. Approved March 24, 1939. REGISTRATION OF VOTERS WHERE RECORDS DESTROYED. No. 122. An Act to provide for the registration of voters in all counties of this State where the registration books and the records have been destroyed by the burning of the Courthouse; and for other purposes. Be it enacted by the General Assembly and it is hereby enacted by the authority of the same: Section 1. That in any county in this State where the registration books have been destroyed by fire or otherwise, that all voters in the county be and they are hereby required to re-register with the tax collector or tax commissioner of such county as now provided by law so that there may be a permanent registration list. Voters required to re-register. Section 2. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 3, 1939.

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REVENUE-CERTIFICATE LAW AMENDED. No. 182. An Act to amend the Revenue-Certificate Law of 1937 (Georgia Laws 1937, pages 761-774) authorizing counties, cities and towns to acquire, construct, improve, etc. certain revenue producing undertakings and issue negotiable certificates repayable from revenue, by authorizing school districts to enjoy the benefits of said law, and by enlarging the meaning of the term undertaking so as to include dormitories, laboratories, libraries and other related facilities, and parks, golf links and fairways, tennis courts, swimming pools, playgrounds, athletic fields, grandstands and stadiums and buildings to be used for various types of sports, including baseball and football, buildings to be constructed and used for the housing of exhibits and fairs for educational purposes; buildings to be used for the housing of livestock, horses, cattle, swine, poultry and agricultural exhibits for exhibition purposes; the erection and construction of buildings to be used for amusement purposes or educational purposes or a combination of the two; and also such buildings to be used for fairs, expositions or exhibitions in connection therewith; by amending subsection (d) of Section 3, relating to the power of a municipality, as defined in the Act, to pledge revenues from undertakings to the payment of revenue certificates, so as to provide that municipalities may fix the value of existing undertakings and pledge to the payment of revenue anticipation certificates and interest thereon such part of the revenue of such undertaking as the cost of the reconstruction improvement, betterment and expense of the undertaking bears to the said cost plus the value of the existing undertaking before improvement and extension; to amend Section 13 of said Act relating to the validation of the issuance of revenue certificates and the manner

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of taking exceptions to judgments thereon, by adding a proviso authorizing the valuation of existing undertakings and the review of such valuations; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. That Section 2 of the Revenue-Certificate Law of 1937 (Georgia Laws 1937, pages 761-774) which section defines the term undertaking, be and the same is hereby amended by adding at the end of subsection (a) (3) two additional subsections enlarging and adding to the meaning of the term undertaking as follows: Sec. 2 of 1937 Act amended. (4) Dormitories, laboratories, libraries and other related facilities. (5) Parks, golf links and fairways, tennis courts, swimming pools, playgrounds, athletic fields, grandstands and stadiums, and buildings to be used for various types of sports, including baseball and football, buildings to be constructed and used for the housing of exhibits for fairs and educational purposes; buildings to be used for the housing of livestock, horses, cattle, swine, poultry and agricultural exhibits for exhibition purposes; the erection and construction of buildings to be used for amusement purposes or educational purposes or a combination of the two; and also such buildings to be used for fairs, expositions or exhibitions in connection therewith; and by amending subsection (b) of said Section 2 as follows: by adding between the words any and county in said subsection the words school district, so that said Section 2 of said Act as amended shall read as follows: Section 2. Definitions. Wherever used in this Act, unless a different meaning clearly appears from the context: Definitions. (a) The term `undertaking' shall include the following revenue-producing undertakings or any combination of

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two or more of such undertakings, whether now existing or hereafter acquired or constructed: (1) Causeways, tunnels, viaducts, bridges, and other crossings; (2) Highways, parkways, airports, docks, piers, wharves, terminals and other facilities; (3) Systems, plants, works, instrumentalities, and properties: (1) used or useful in connection with the obtaining of a water supply and the conservation, treatment and disposal of water for public and private uses (2) used or useful in connection with the collection,treatment and disposal of sewage, waste and storm water; together with all parts of any such undertaking and all appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, dams, reservoirs, sewage disposal plants, intercepting sewers, trunk connecting and other sewer and water mains, filtration works, pumping stations, and equipment. (4) Dormitories, laboratories, libraries and other related facilities. (5) Parks, golf links and fairways, tennis courts, swimming pools, playgrounds, athletic fields, grandstands and stadiums, and buildings to be used for various types of sports, including baseball and football, buildings to be constructed and used for the housing of exhibits for fairs and educational purposes; buildings to be used for the housing of livestock, horses, cattle, swine, poultry and agricultural exhibits for exhibition purposes; the erection and construction of buildings to be used for amusement purposes or educational purposes or a combination of the two; and also such buildings to be used for fairs, expositions or exhibitions in connection therewith. (b) The term `municipality' shall mean any school district, county, city or town of the State.

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(c) The term `governing body' shall mean the board, commission, council, or other local legislative body of a municipality. Section 2. That subsection (d) of Section 3 of said Act, which section relates to the power of a municipality, as defined in the Act, to pledge revenues derived from undertakings to the payment of revenue anticipation certificates, be and the same is hereby amended by adding at the end of said subsection a new subsection to be numbered d-1 as follows: Subsection d of Sec. 3 amended. To fix the value of existing undertakings at the time the school district, county, city or town desires to reconstruct, improve, better or extend such undertaking, and to pledge to the payment of the revenue anticipation certificates and the interest thereon, issued for said undertaking under this Act such part of the revenues of such undertaking as the cost of the reconstruction, improvement, betterment, or extension of the undertaking bears to the said cost plus the value of the existing undertaking before reconstruction, improvement, betterment or extension. The provisions of this subsection shall not be construed to restrict or limit the powers granted in subsection (d) of Section 3. Payment of revenue anticipation certificates. Section 3. That Section 13 of said Act, relating to the validation of the issuance of revenue certificates and the manner of taking exceptions to the judgments thereon, be and the same is hereby amended by adding at the end of said Section the following: Sec. 13 amended. Whenever the authorities of a school district, county, city or town shall value existing undertakings under the provisions of subsection `d-1' of this Act, the Superior Courts may review the action of such school district, county, city or town authorities in fixing the said value, which review shall be had in the proceedings to validate the revenue anticipation certificates issued under this Act. Valuation reviewed.

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Section 4. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1939. SCHOOL BONDS AS INVESTMENTS. No. 85. An Act to authorize all fiduciaries, including executors, administrators, guardians, trustees and insurance companies to invest trust funds in bonds issued by school districts under Chapter 32-14 of the Georgia Code of 1933, as amended, for the purpose of building and/or equipping school houses, upon similar terms and conditions as they are now authorized to invest in State, Municipal and County bonds and securities, and for 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 Administrators, Executors, Guardians and Trustees be and they are hereby authorized to invest trust funds in any bonds issued by school districts under Chapter 32-14 of the Code of Georgia of 1933 for the purpose of building and/or equipping school houses, which have been or may be issued by any political division under said Chapter 32-14 of said Code, and have been validated and confirmed as required under Chapter 87-3 of the Code of Georgia of 1933, providing for the validation and confirmation of County, Municipal or other political division bonds upon the same terms and conditions as they are now authorized to invest trust funds in State, County and Municipal bonds and securities. Administrators, executors, guardians, and trustees. Section 2. Be it further enacted by the authority aforesaid, that all insurance companies now or hereafter authorized to do business within the State of Georgia under the supervision of the Insurance Department of the State of

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Georgia, as set out in Chapter 56-1 of the Code of Georgia of 1933 be and they are hereby authorized to invest trust funds held by them in fiduciary capacity in any bonds issued for the purposes set out in Section one of this Act, which have been or may be issued for the purposes of building and/or equipping school houses under Chapter 32-14 of the Code of Georgia of 1933, and which have been validated and confirmed as required under Chapter 87-3 of the Code of Georgia of 1933, providing for the validation and confirmation of County, Municipal or other political division bonds upon the same terms and conditions as they are now authorized to invest trust funds in State, County and Municipal bonds and securities. Insurance companies. 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 23, 1939. SPAWNING CRABSTAKING RESTRICTED. No. 389. An Act to prohibit the taking, buying, selling or possessing of spawning crabs during certain months; to provide penalty for violation of this Act; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. It shall be unlawful for any person, firm or corporation to take from any waters in this State, or to buy or sell, or to be possessed of, any spawning female crab or crabs during the months of February, March or April, of each year. Closed months. Section 2. Any person, firm or corporation violating this Act shall be guilty of a misdemeanor.

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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 March 24, 1939. SPECIAL CRIMINAL BAILIFFS. No. 417. An Act to repeal an Act to amend an Act approved March 28, 1935 (pages 920-921, Georgia Laws, Extraordinary Session 1937-1938) relating to special criminal bailiffs, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled an Act to amend an Act approved March 28, 1935, appearing on pages 920-921, Georgia Laws, Extraordinary Session 1937-1938, relating to special criminal bailiffs, approved February 8, 1938, be and the same is hereby repealed in its entirety. Act of 1937-1938 repealed. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1939. SUBDIVISIONSCOUNTY REGULATION. No. 361. An Act to grant to the Commissioner of Roads and Revenues or other authority having charge of the fiscal affairs in all counties of this State having a population of not less than 70,000 and not more than 71,000 inhabitants according to the U. S. Census of 1930 or any future Census, 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 opening or extension of any street or road and the subdivision of property

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and to provide for the punishment of violations 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 before any street or road in said County is opened or any existing street or road is extended or before any new subdivision for residences, business or industrial use is made in any County in this State having a population of not less than 70,000 and not more than 71,000 inhabitants according to the U. S. Census of 1930 or any future Census, the person or persons proposing to open such streets or roads or such new subdivisions shall submit to the commissioner of Roads and Revenues of such County or other authority having charge of the fiscal affairs, a detailed plan of same with blue prints and other necessary data, including the restrictions to be imposed or created on said property, which he may require. It shall be the duty of such Commissioner of Roads and Revenues or other county authority 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 the size and number of lots in such Subdivision and before any such streets, alleys and roads shall be opened and before the sale of any property in any such subdivisions shall be made, Commissioner of Roads and Revenues or other county authority shall approve same and such approval shall be entered on the minutes of his office. Plans of subdivision submitted to commissioner in certain counties. Section 2. Be it further enacted by the authority aforesaid, before any plat or survey of any subdivision or property lying outside the corporate limits of any city or town, which now has the authority to adopt and enforce zoning ordinances, shall be admitted to record, such plat or survey shall carry the approval of the Commissioner of Roads

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and Revenues of such county or other county authority. Approved plats. Section 3. Be it further enacted by the authority aforesaid, the term subdivision as used in this Act is hereby defined to mean the division of any tract of land into more than five lots or parcels, or the division of any tract of land into a lot or parcel containing less than one acre. Subdivision defined. Section 4. Be it further enacted by the authority aforesaid that in approving or disapproving the opening of streets or roads or subdivisions as hereinbefore provided, the Commissioner of Roads and Revenues of such county or other county authority shall Act for the purpose of promoting the health, safety and morals and the general welfare of the people of such county. For public good. Section 5. Be it further enacted by the authority aforesaid that any person or persons who shall violate any of the provisions of this Act by opening a road or street or subdivision without complying with the provisions hereof, shall be guilty of a misdemeanor and the offender upon conviction shall be punished as for a misdemeanor. Penalty. Section 6. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1939. TAX-COLLECTORS' AND RECEIVERS' FEES. No. 266. An Act to amend an Act changing the classes and amounts of commissions allowed to tax-receivers and tax-collectors of State and County taxes approved January 17, 1938, Georgia Laws, Extra Session 1937-38, by striking the words prior to the year 1938 in the sixth and seventh lines of Section 3 of said Act; by striking the words the State's part of in the eighth line of

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Section 3 of said Act; to strike the word delinquent wherever it appears; to make the commission for collecting the last 10% of the tax digest apply to tax collecting officials paid a salary; to repeal all laws and parts of laws in conflict herewith; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that on and after the passage of this Act, an Act approved January 17, 1938 changing the classes and amounts of commissions allowed to tax-receivers and collectors of State and County taxes (Georgia Laws, Extra Session, 1937-38, page 297) be and the same is hereby amended by striking from Section 3 of said Act the words prior to the year 1938 in the sixth and seventh lines thereof, and by striking from line eight of Section 3 of said Act the words the State's part of so that said Section 3 when amended shall read as follows, to-wit: Act of 1937-1938 amended. 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 first 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, the tax-collectors' commission shall be for such taxes 10% of all such collections, irrespective of the above and foregoing schedule and rates. And provided further that in those counties where the tax-collector or tax commissioner as the case may be is paid a salary this said commission shall be paid to the said tax-collector above and beyond the said salary. Provided however that in Counties having a population of two hundred thousand or more according to the census of 1930 where the tax commissioner or tax collector as the case may be is on a salary the commissions referred to herein shall be paid into the treasury of such counties. Commission. Additional to salary. Exception. Section 2. Be it further enacted by the authority aforesaid,

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that all laws and parts of laws in conflict herewith, be and the same are hereby repealed. Approved March 24, 1939. TEACHERS' RETIREMENT FUND. No. 423. An Act to provide for a retirement fund for teachers and other employees for the county school systems of all counties in the State of Georgia having a population of not less than 70,000 nor more than 72,000, according to the United States Census for 1930, or any future census; to provide for the creation of a commission to administer such fund; to provide for the raising of such fund; and to authorize such commission to provide terms and requirements for such retirement and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That: Section 1. In any county in this State which has a population of not less than 70,000 nor more than 72,000, according to the United States Census for 1930, or any future census, the Board of Education of such county is hereby authorized to create a retirement fund for the teachers and other employees of the county school system. Such retirement fund shall be administered by a commission of three persons, two of whom shall be appointed by the county board of education, and one of whom shall be elected by the teachers and employees of the county board of education entitled to the benefits of the said fund. Of the two persons to be appointed by the board, one shall be a member of the county board of education and one shall be a citizen of the county, and a resident of that part of the county which is included within the territory

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served by the county school system. This commission shall be called The Teachers' Retirement Commission. Retirement fund in certain counties. Teachers' Retirement Commission. Section 2. Such retirement fund shall be created by contributions by the teachers and other employees of the county board of education and by appropriations made by the county board of education as follows: Creation of 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 the said fund 1% of his monthly salary; but no such employee shall contribute more than two ($2.00) Dollars per month. The board of education shall likewise pay into said fund monthly an amount equal to all of the contributions made by such employees such amounts being part of the compensation payable to such employees for their services to the county school system. During said period of 10 years the county board of education may contribute to such fund such sums in addition to that herein specified as additional compensation as it may desire to appropriate. (b) At the end of 10 years after such fund has been created by any county board of education, the commission shall cause to be determined on an actuarial basis the requirements for the proper future administration of such fund, and if such proper administration thereof requires an increase of the contributions to be made by the employees, then the commission shall fix such larger percentage of contribution by said employees as in its judgment may be necessary; not, however, to exceed a total contribution of 3% of the monthly compensation of such employees with a maximum of six ($6.00) dollars per month. In the event of such increase the amount to be paid by the county board of education shall likewise be increased so that at all times the board of education shall pay an amount equal to the contributions made by the employees of the system.

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Section 3. The said commission shall have the power to adopt rules and regulations under which employees of the system shall be retired for length of service and for disability upon rates of retirement pay to be fixed by such rules, depending upon age and length of service and such other circumstances as the commission may deem important; Provided, however, that all of such employees shall be eligible for retirement, at the option of the board of education, between the ages of 60 and 70 and shall be automatically retired at the age of 70; Provided, further, that no such rule or regulation may provide retirement pay at the maximum rate, hereinafter provided, for any person retired for age or length of service only until such person shall have served in said system, or in a system to which it has become the legal successor for at least 20 years; Provided, further, that no such rule or regulation may 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 Sixty ($60.00) Dollars per month for a teaching year of twelve months; and Provided, further, that such rules shall provide that if any such employee voluntarily, or involuntarily, severs his connection with said county school system at any time prior to his becoming entitled to retirement pay under the rules adopted by the commission, he shall be entitled to be refunded not less than the amount of all contributions made by him to such fund, and to this amount the commission may in accordance with regularly adopted rules, add such interest as it may determine to be reasonable, and that upon the death of any such employee before he becomes entitled to such retirement pay, his personal representative shall become entitled to a refund of a similar amount. Rules and regulations. Section 4. The board of education of such county shall have the power to fix the method of election of the member of such commission who is to be elected by the employees of the system in any manner not inconsistent

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with the provisions of this Act, and the first members of said commission shall serve terms of one, two and three years each, the length of the term of each member to be determined by lot after all have been chosen, and thereafter the said members of the commission shall serve for a term of three years, or until their successors are duly selected and qualified. The said commission shall organize and elect a chairman, a secretary and a treasurer each year. No member of the said commission shall be paid a salary for his services in such capacity, but he may receive compensation of two ($2.00) dollars per diem for his attendance and service at any meeting of the commission duly called by the chairman thereof, but such compensation shall in no event exceed twelve ($12.00) per annum. The commission shall have authority to employ such clerical and other assistants as may be necessary for the proper administration of the said fund. Organization of commission. Section 5. All funds must be paid out by check, signed by the treasurer and countersigned by the chairman of the said commission. A surety bond, the amount of which to be determined by the County Board of Education, must be furnished by the treasurer of the said commission, payable to the county board of education of such county. There must be furnished to the county board of education and to each employee of such county schools a copy of a sworn statement by the commission showing the receipts and disbursements for each fiscal year as of July 1 through June 30. Method of payment. Section 6. Such commission shall have the power to adopt by-laws and such rules of procedure and rules relating to the investment and distribution of the said funds as it may see fit in any manner consistent with the provisions of this Act. Such commission shall have the power to invest the funds within its control in all investments which are legal within the State of Georgia for the investment of funds of executors, administrators and

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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. Investment of funds. Section 7. All of the provisions hereof shall automatically apply to all of the teachers, principals, supervisors and members of the administrative force of any county school system in which it becomes operative, and its benefits may be extended to any other employees of the system at their election made known to the county board of education in writing. Application. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1939. TITLE INSURANCE. No. 233. An Act to define title insurance; to provide a comprehensive method for the licensing and regulating of the business of title insurance; to provide for the qualification, regulation, supervision, control and taxation of corporations engaged in the business of title insurance in the State of Georgia; to provide for the licensing of such companies; to provide for the creation of reserves and for deposits for the protection of the holders of policies of such companies; to prescribe the conditiions upon which corporations engaged in other business may insure or guarantee the titles to real estate; to regulate the capital requirements and the investment of funds of such companies; to prescribe limitations and restrictions upon the obligations which may be incurred by such companies; to impose powers and duties upon the insurance commissioner in connection with such companies; to provide penalties for violations of this Act, and for other purposes.

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Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. Insuring or guaranteeing the titles to real property, or against loss by reason of defects, encumbrances, liens or charges thereon, or guaranteeing or insuring the correctness of searches for instruments, liens, charges or other matters affecting the title to real property shall be deemed, for the purposes of this Act, to be Title Insurance and any corporation making such guarantees or issuing such insurance shall be deemed to be engaged in the business of title insurance. Title insurance defined. Section 2. Every Corporation transacting the business of title insurance in this State, as herein defined, is placed under the supervision and control of the Insurance Commissioner. Supervision. Section 3. No corporation chartered by this State or by another State or a foreign government shall transact any business of title insurance in this State without first procuring a license from the Insurance Commissioner. License. Section 4. It shall be the duty of the Insurance Commissioner to issue licenses to corporations transacting the business of title insurance when they have complied with the requirements of this Act and of the rules and regulations prescribed by the Insurance Commissioner so as to enable them to do business. In every case such license shall be issued under the seal of the Commissioner, authorizing and empowering the corporation to transact the business of title insurance. Before a corporation shall be licensed to transact business the Insurance Commissioner shall be satisfied by such examination as he may make or such evidence as he may require that such company is duly qualified under the laws of this State to transact such business herein. In every case such licenses may be revoked and reinstated in the same manner as is prescribed by law with reference to insurance companies. Issuance of license.

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Section 5. Any trust company organized under the laws of this State may engage in the title insurance business, as herein defined, upon qualifying as herein required and complying with the provisions of this Act, in addition to other requirements of law for carrying on the business of a trust company. Trust companies. Section 6. No corporation shall be entitled to transact title insurance business in this State unless it has, and maintains, unimpaired, a capital of not less than one hundred thousand dollars, fully paid, and invested in the securities in which other insurance companies are authorized by the laws of this State to invest their funds. Capital requirement. Section 7. Every corporation chartered by this State, engaged in the business of title insurance in this State, shall deposit with the Treasurer of this State, in cash or in market value of securities approved by the laws of this State for the investment of the funds of insurance companies, an amount equal to five per cent of its capital stock, but in no event more than twenty-five thousand dollars. The Treasurer of this State is hereby authorized and directed to receive deposits of bonds or other securities herein designated when the deposit of same is approved by the Insurance Commissioner and to hold the same subject to the provisions of the laws of this State relating to deposits by insurance companies. Deposit with State treasurer. Section 8. The bonds and securities deposited with the Treasurer of this State by title insurance companies under the provisions of Section seven of this Act shall be held in trust for the benefit and protection of and security for the policy holders of such corporations, their legal representatives and beneficiaries. Said securities shall so remain on deposit until it has been made to appear to the satisfaction of the Insurance Commissioner that all debts and liquidated obligations of any such corporation have been discharged and that all unliquidated or contingent liabilities under its policies have been assumed under reissuance

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contracts satisfactory to and approved by the Insurance Commissioner. The depositor, when not in default under this Act, shall be entitled to receive all income therefrom. The State Treasurer shall be entitled to receive annually on the first day of March each year a fee at the rate of one-twentieth of one per cent of the mean amount or market value of such deposits which were kept and handled by him during the preceding calendar year. Purpose of deposit, and provisions in regard thereto. Section 9. Beginning March 1, 1940 and annually thereafter on or before March first of each year each corporation engaged in the business of title insurance in this State shall pay to the Revenue Commissioner as an annual license tax and fee the same percentage of its gross receipts for title insurance premiums on policies covering properties in this State, as are levied upon the gross premium receipts of other insurance companies. Such annual license tax and fee shall be paid on gross premiums received by such company during the preceding calendar year and shall be in lieu of all other licenses, taxes and fees, State, County or Municipal, except ad valorem taxes on real and personal property and business licenses to municipalities. License tax and fee. In lieu of other taxes. Section 10. Any title insurance company not organized under the laws of this State, desiring to transact business in this State, shall appoint an agent, resident of this State, to accept service of process for and in its behalf, and such company shall thereupon be subject to suit and service of process in the same manner as is provided by law with reference to other non-resident insurance companies doing business in this State. Non-resident companies. Section 11. On every contract of title insurance hereafter written in this State there shall be reserved for the benefit of and security for the policy holders of such company a sum equal to five per cent of its gross premiums, provided, however, that the amount of such reserves need not be maintained in excess of the sum of one hundred thousand dollars. Reserves.

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Section 12. Any title insurance company now doing business in this State or which may desire to do business in this State, chartered by the laws of another State or of a foreign government, shall make the same deposit for the benefit of and security for its policy holders as is required of domestic companies by the terms of this Act, provided, however, that any such non-resident company shall not be required to make the deposit required of domestic companies by this Act upon showing that it has deposited with the Comptroller-General of the State in which it is chartered, or the Insurance Commissioner or other officer authorized to receive it, not less than one hundred thousand dollars in cash or in securities satisfactory to such officer, subject to his order, as a guaranty fund for the security of all the policy holders of such company. Deposit of non-resident companies. Section 13. When the showing provided for in Section twelve of this Act is made to the Insurance Commissioner of the State of Georgia by a proper certificate from the State official having charge of the funds so deposited, the Insurance Commissioner of the State of Georgia is authorized to issue to the company making such showing a license to do business in the State of Georgia, upon paying the fees required by law. License of non-resident company. Section 14. Title insurance companies organized under the laws of other states or foreign governments may withdraw from this State in the same manner as is provided by law for the withdrawal of other non-resident insurance companies and, thereupon, shall be entitled to the return of any bonds and securities deposited by them upon compliance with the provisions of Section eight of this Act. Withdrawal of non-resident companies. Section 15. No corporation, individual, firm or association not licensed in Georgia to transact the business of title insurance or the writing and issuance of title insurance policies shall engage in such business within the limits of this State. Penalty for the violation of this provision shall be one thousand dollars for the first offense and two

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thousand dollars for each additional offense, which penalty may be imposed and collected in the same manner as provided by law with reference to fire and casualty insurance companies. Penalty for doing business without license. Section 16. Each corporation doing title insurance business in the State of Georgia shall furnish to the Insurance Commissioner on forms approved by him, on or before the first day of March each year, detailed sworn statements and reports showing all assets and liabilities of such corporation, all property mortgaged or pledged and all additional data, inventories and information which may be required by such forms. The Insurance Commissioner shall have power from time to time, whenever he may deem it necessary, to require further additional sworn reports and statements and to examine in person or by his designated agents the books and affairs of any such corporation. Annual statements. Additional statements. Section 17. This Act shall not be construed to have any application to licensed attorneys, shall not affect the right of such attorneys to examine, certify and render opinions as to titles to real property, and such attorneys shall not be deemed to be insurance agents by reason of their participation in obtaining, and forwarding to title insurance companies, applications and premiums for title insurance, as an incident to their examination and certification of titles. No application to attorneys. Section 18. The provisions of this Act shall be deemed to be exclusive of all other laws or parts of laws relating to the licensing, regulation, supervision and control of insurance companies, generally or specifically, except as herein otherwise expressly provided. Section 19. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 21, 1939.

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TRAPPING FOXES PROHIBITED. No. 274. An Act to prohibit the trapping or taking of foxes in certain counties of this State; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. It shall be unlawful to take or catch foxes at any time of the year by means of traps, dead falls or other similar devices or to dig up a fox or in anywise to molest a den of foxes in any county of this State having a population of not less than 12,925 and not more than 12,930 according to the United States census of 1930, or which may hereafter have a population of between 12,925 and 12,930 inhabitants. Foxes protected in certain counties. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1939. TRAPPING PREDATORY ANIMALS. No. 343. An Act to amend an Act approved March 12, 1935 regulating the trapping of predatory furbearing animals in Counties having a population of not more than 15,944 and not less than 15,934 persons by the United States Census of 1930; to provide under what restrictions certain furbearing animals may be trapped and for other purposes. Be it enacted by authority of the General Assembly of Georgia and it is hereby enacted by authority of the same, Section 1. That the Act approved March 12, 1935 found pages 478-480 Acts of 1935 be and the same is hereby amended as follows: Act of 1935 amended.

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By striking from said Act that part of section 1 which amends the Act approved August 24th, 1929 as follows: Provided that it shall be lawful to take, trap or catch by steel trap or other device in any County of this State having a population of not more than 15,944 or less than 15,934 according to the official United States census of 1930, any mink, weasel, otter, opossum, raccoon, muskrat, or other predatory furbearing animal, excepting red and gray foxes, between the dates of December 15th and February 15th of each and every year after the passage of this Act, without requiring the payment of any license for the trapping of such animal or the sale of its fur, and without requiring a tag to be affixed to any such trap or device. Stricken portion. Provided further that any person may trap or catch any red or gray fox at any time by any device set upon the barnyard or within the curtilage of such person as protection for the poultry or livestock of such person, And by adding instead of such wording, the following, Provided that it shall be lawful for any person or persons to set any steel-trap or other device within two hundred yards of the residence or dwelling of any such person for the protection of livestock, poultry or other fowls or animals from any predatory furbearing animal Traps to protect livestock and poultry. So that Section 1 of the Act approved August 24, 1929 shall read after being so amended as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, it shall be unlawful for any person, firm, or corporation, to use a steel trap or other like device in trapping or catching any bird, game or animal in any of the counties of this State, whether the same be caught or trapped for profit or otherwise. But this Act shall not apply to the saltwater marshes and the islands along the

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Coast of Georgia; provided however that the Commissioner of Game and Fish may issue special permits to game wardens, deputies, or other responsible persons, authorizing the taking by means of steel traps, or vermin, and predatory animals in localities where such vermin or predatory animals are a menace to quail or other game birds, and each steel trap used for this purpose must have securely fastened thereto a tag issued by the Department of Game and Fish showing authority for its use. Provided, That it shall be lawful for any person or persons to set any steel trap or other device within two hundred yards of the residence or dwelling of any such person for the protection of livestock, poultry or other fowls of animals from any predatory furbearing animal. Trapping regulations. Section 2. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 24, 1939. UNIFORM STOCK TRANSFER ACT. No. 273. An Act to define shares of stock and certificates of stock in corporations; to provide for and regulate the transfer of such shares and define the effect thereof; to regulate such transfers by executors and fiduciaries; to provide for the rescission of transfers, for the enforcement thereof, and to define the effect thereof; to define the effect of delivery of certificates; to define the rights of purchasers, mortgagees, pledgees and other holders of certificates as security for debt; to provide for the enforcement of executions and other writs against shares of stock; to define the effect of alteration of a certificate; to provide for endorsement of certificates and prescribe the effect thereof; to define bearer shares, bearer certificates and bearer warrants and provide for

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the transfer thereof; to provide for the issuance of new certificates in lieu of lost or destroyed certificates; to require that any claim or lien of a corporation upon shares issued by it shall be stated upon the certificate representing such shares, 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. Title to a certificate and to the shares represented thereby can be transferred only, (a) By delivery of the certificate endorsed either in blank or to a specified person by the person appearing by the certificate to be the owner of the shares represented thereby, or (b) By delivery of the certificate and a separate document containing a written assignment of the certificate or a power of attorney to sell, assign, or transfer the same or the shares represented thereby, signed by the person appearing by the certificate to be the owner of the shares represented thereby. Such assignment or power of attorney may be either in blank or to a specified person. Transfer of title. The provisions of this section shall be applicable although the charter or articles of incorporation or code of regulations or by-laws of the corporation issuing the certificate and the certificate itself provide that the shares represented thereby shall be transferable only on the books of the corporation or shall be registered by a registrar or transferred by a transfer agent, except that any lien or restriction stated in the face of the certificate shall not be affected. Provisions not affected by by-laws of corporations. Section 2. Nothing in this Act shall be construed as enlarging the powers of an infant or other person lacking full legal capacity, or of a trustee, executor, or administrator, or other fiduciary, to make a valid endorsement, assignment, or power of attorney: Provided, that any transfer by an executor or by an administrator with the

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will annexed under a will probated in common form shall be valid and of the same force and effect as if such will had been probated in solemn form. Fiduciaries. Section 3. Nothing in this Act shall be construed as forbidding a corporation, (a) to recognize the exclusive right of a person registered on its books as the owner of shares to receive dividends, and to vote as such owner, or (b) to hold liable for calls and assessments a person registered on its books as the owner of shares. Rights and liabilities of registered stockholders. Section 4. The title of a transferee of a certificate under a power of attorney or assignment not written upon the certificate, and the title of any person claiming under such transferee, shall cease and determine if, at any time prior to the surrender of the certificate to the corporation issuing it, another person, for value in good faith, and without notice of the prior transfer, shall purchase and obtain delivery of such certificate with the endorsement of the person appearing by the certificate to be the owner thereof, or shall purchase and obtain delivery of such certificate and the written assignment or power of attorney of such person, though contained in a separate document. Innocent purchaser for value. Section 5. The delivery of a certificate to transfer title in accordance with the provisions of section one is effectual, except as provided in section seven, though made by one having no right of possession and having no authority from the owner of the certificate or from the person purporting to transfer the title. Transfer by one without right of possession. Section 6. The endorsement of a certificate by the person appearing by the certificate to be the owner of the shares represented thereby is effectual, except as provided in section seven, though the endorser or transferor, (a) was induced by fraud, duress or mistake to make the endorsement or delivery, or (b) has revoked the delivery of the certificate, or the authority given by

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the endorsement or delivery of the certificate, or (c) has died or become legally incapacitated after the endorsement, whether before or after the delivery of the certificate, or (d) has received no consideration. Endorsement. Section 7. If the endorsement or delivery of a certificate, (a) was procured by fraud or duress, or (b) was made under such mistake as to make the endorsement or delivery inequitable; or if the delivery of a certificate was made (c) without authority from the owner, or (d) after the owner's death or legal incapacity, the possession of the certificate may be reclaimed and the transfer thereof rescinded, unless: (1) The certificate has been transferred to a purchaser for value in good faith without notice of any facts making the transfer wrongful, or (2) The injured person has elected to waive the injury or has been guilty of laches in endeavoring to enforce his rights. Ineffectual endorsement or delivery. Exceptions. Any court of appropriate jurisdiction may enforce specifically such right to reclaim the possession of the certificate or to rescind the transfer thereof and, pending litigation, may enjoin the further transfer of the certificate or impound it. Section 8. Although the transfer of a certificate or of shares represented thereby has been rescinded or set aside, nevertheless, if the transferee has possession of the certificate or of a new certificate representing part of the whole of the same shares of stock, a subsequent transfer of such certificate by the transferee, mediately or immediately, to a purchaser for value in good faith, without notice of any facts making the transfer wrongful, shall give such purchaser an indefeasible right to the certificate and the shares represented thereby. Subsequent transfer after original transfer rescinded. Section 9. The delivery of a certificate by the person appearing by the certificate to be the owner thereof without the endorsement requisite for the transfer of the certificate and the shares represented thereby, but with

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intent to transfer such certificate or shares, shall impose an obligation, in the absence of an agreement to the contrary, upon the person so delivering to complete the transfer by making the necessary endorsement. Obligation to make endorsement. The transfer shall take effect as of the time when the endorsement is actually made. This obligation may be specifically enforced. Section 10. An attempted transfer of title to a certificate or to the shares represented thereby without delivery of the certificate shall have the effect of a promise to transfer and the obligation, if any, imposed by such promise shall be determined by the law governing the formation and performance of contracts. Obligation to deliver. Section 11. A person who for value transfers a certificate, including one who assigns for value a claim secured by a certificate, unless a contrary intention appears, warrants(a) that the certificate is genuine, (b) that he has a legal right to transfer it, and (c) that he has no knowledge of any fact which would impair the validity of the certificate. Warranties. In the case of an assignment of a claim secured by a certificate, the liability of the assignor upon such warranty shall not exceed the amount of the claim. Section 12. A mortgagee, pledgee, or other holder for security of a certificate who in good faith demands or receives payment of the debt for which such certificate is security, whether from a party to a draft drawn for such debt, or from any other person, shall not by so doing be deemed to represent or to warrant the genuineness of such certificate, or the value of the shares represented thereby. Holder for security. Section 13. Nothing in this Act shall alter the law as expressed in Sections 8-206 to Section 8-209 Georgia Code of 1933, as relating to levying on, and attachment of,

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corporate stocks. Except where a certificate is lost or destroyed, such corporation shall not be compelled to issue a new certificate for the stock until the old certificate is surrendered to it. Attachment and levy. Section 14. A creditor whose debtor is the owner of a certificate shall be entitled to such aid from courts of appropriate jurisdiction by injunction and otherwise, in attaching such certificate 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. Rights of creditors. Section 15. There shall be no lien in favor of a corporation upon the shares represented by a certificate issued by such corporation and there shall be no restriction upon the transfer of shares so represented by virtue of any by-law of such corporation, or otherwise, unless the right of the corporation to such lien or the restriction is stated upon the certificate. Liens. Section 16. The alteration of a certificate, whether fraudulent or not and by whomsoever made, shall not deprive the owner of his title to the certificate and the shares originally represented thereby, and the transfer of such a certificate shall convey to the transferee a good title to such certificate and to the shares originally represented thereby. Alteration. Section 17. Where a certificate has been lost or destroyed, a court of competent jurisdiction may order the issue of a new certificate therefor on service of process upon the corporation and on reasonable notice by publication, and in any other way which the court may direct, to all persons interested, and upon satisfactory proof of such loss or destruction and upon the giving of a bond with sufficient surety to be approved by the court to protect the corporation or any person injured by the issue of a new certificate from any liability or expense, which

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it or they may incur by reason of the original certificate remaining outstanding. The court may also in its discretion order the payment of the corporation's reasonable costs and counsel fees. The issue of a new certificate under an order of the court as provided in this section shall relieve the corporation from liability in damages to a person to whom the original certificate has been or shall be transferred for value without notice of the proceedings or of the issuance of the new certificate. Lost certificates. Section 18. In any case not provided for by 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, executors, administrators and trustees, and to the effect of fraud, misrepresentation, duress or coercion, mistake, bankruptcy, or other invalidating cause, shall govern. Rules of law. Section 19. This Act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. Construction. Section 20. A certificate is endorsed when as assignment or a power of attorney to sell, assign, or transfer the certificate or the shares represented thereby is written on the certificate and signed by the person appearing by the certificate to be the owner of the shares represented thereby, or when the signature of such person is written without more upon the back of the certificate. In any such cases a certificate is endorsed though it has not been delivered. Endorsement defined. Section 21. The person to whom a certificate was originally issued is the person appearing by the certificate to be the owner thereof, and of the shares represented thereby, until and unless he endorses the certificate to another specified person, and thereupon such other specified person is the person appearing by the certificate to be the owner thereof until and unless he also endorses

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the certificate to another specified person. Subsequent special endorsements may be made with like effect. Owner. Section 22. 1. In this Act, unless the context or subject-matter otherwise requiresCertificate means a certificate of stock in a corporation organized under the laws of this State or of another State whose laws are consistent with this Act. Delivery means voluntary transfer of possession from one person to another. Person includes a corporation or partnership or two or more persons. To Purchase includes to take as mortgagee or as pledgee. Purchaser includes mortgagee and pledgee. Shares means a share or shares of stock in a corporation organized under the laws of this State or of another State whose laws are consistent with this Act. State includes State, territory, district and insular possession of the United States. Transfer means transfer of legal title. Title means legal title and does not include a merely equitable or beneficial ownership or interest. 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 certificate is taken either in satisfaction thereof or as security therefor. Definitions. 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. In good faith defined. Section 23. The provisions of this Act apply only to certificates issued after the taking effect of this Act. Application. Section 24. For the purpose of this Act the term bearer share means the share or shares in a corporation, or company, organized under the laws of any State, territory, district, or insular possession of the United States or under the laws of any foreign government, represented by an instrument or instruments lawfully issued by such corporation, or company, by the terms or effect whereof the

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bearer or holder thereof is entitled to the ownership of such share or shares. The term bearer certificate as used in this Act means any instrument or instruments representing a bearer share or shares. The term bearer warrant as used in this Act means any warrant, issued in connection with a bearer share, which by the terms or effect thereof entitles the bearer or holder of such warrant to receive any dividend not theretofore payable or to receive further warrants for dividends. Other terms defined. Section 25. Title to a bearer certificate and to the bearer share or shares represented thereby may be transferred in the same manner with the same effect and subject to the same rights of rescission and with the same warranties as title to a certificate of stock issued to a specified person and endorsed by such person in blank may be transferred under the provisions of this Act. Transfer of bearer certificate. Section 26. Title to any bearer warrant, whether attached to or detached from the bearer share in connection with which it was issued, may be transferred in the same manner and with the same effect as title to a bearer certificate may be transferred under the provisions of section twenty-five of this Act. Transfer of bearer warrant. Section 27. All laws and parts of laws inconsistent with this Act are hereby repealed. Section 28. This Act may be cited as the Uniform Stock Transfer Act. Approved March 23, 1939. WELFARE INSTITUTIONSSURPLUS PRODUCTS AND PAY PATIENTS. No. 317. An Act to provide for the sale of surplus products of institutions under the control and supervision of the State

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Department of Public Welfare; and to provide for the disposition of funds received from pay patients at the Milledgeville State Hospital; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That from and after the passage of this Act the State Board of Public Welfare shall sell, to the best advantage, all surplus products of the Milledgeville State Hospital or other institutions under the control and supervision of the State Department of Public Welfare, and shall apply the proceeds thereof to the maintenance of the institution from which such surplus products are received. Should any surplus funds arise from this source, they shall be paid into the State Treasury annually; and the State Board of Public Welfare shall, at the end of each quarter, make to the Governor a detailed report of all such transactions. Sale of surplus products. Disposition of proceeds. Section 2. Be it further enacted that all funds received at the Milledgeville State Hospital for board or maintenance of pay patients, whether resident or non-resident, shall be retained by the State Department of Public Welfare and applied by it to the payment of the necessary expenses of the operation of the Milledgeville State Hospital. It shall not be necessary that such funds be paid into the State Treasury. Any funds, however, belonging to any inmate of said hospital, where there has been no guardian appointed for such inmate, shall be turned over to the State Board of Public Welfare and used by it toward the board and clothing and other expense of such inmate, and in the event such inmate shall be discharged as being cured, any balance remaining in the hands of said board shall be turned over to such inmate. Pay patients. Disposition of funds. Section 3. That the accumulated funds in the amount of approximately fifteen Thousand ($15,000.00) dollars received from pay patients at the Milledgeville State Hospital and now in the hands of the State Department of

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Public Welfare may be used to pay any obligations now outstanding at the Milledgeville State Hospital; and the cotton now on hand which was raised on the colony farm at the Milledgeville State Hospital may be sold by the State Department of Public Welfare and the proceeds from such sale shall by said Department be used toward the payment of any outstanding obligations of the Milledgeville State Hospital. Use of funds and products now on hand. Section 4. It is not intended by this Act to encourage competition in any way by the State, its institutions, agencies, departments or branches, or other subdivisions with the individual, private farmers of this State, or others, in the production and sale of agricultural or industrial commodities or products, in due course of commerce. Section 5. All laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1939. WESTERN AND ATLANTIC AIR RIGHTS. No. 234. An Act to aid the Western Atlantic Railroad by the creation of a commission authorized to contract in the name and on behalf of the State of Georgia for the construction, occupancy, use and maintenance of income producing buildings or other structures to be erected over and above the right of way of the Western Atlantic Railroad between Central Avenue and Spring Street in the City of Atlanta, and for leasing or letting any or all right, title and interest which the State of Georgia may now have or hereafter acquire in the overhead or air rights above said area, or any part thereof both before and after the unexpired term of the present lease of the Western Atlantic Railroad to the Nashville, Chattanooga St. Louis Railway, and to fix the terms

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and conditions with reference thereto; and to authorize said Commission to contract in the name and on behalf of the State of Georgia for an extension of existing leases on State property located in the City of Atlanta, formerly known as the Mansion Property, and now occupied by structures known as the Henry Grady Hotel, the Henry Grady Office Building, the Red Rock Building and the theatre located on said property, and to fix the terms and conditions with reference thereto; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that there is hereby created a commission, to be known as the Western Atlantic Railroad Commission which shall be composed of: Western Atlantic Railroad Commission. Chas. S. Reid, Chief Justice of the Supreme Court, Chairman, Cason Calloway of LaGrange, A. H. Freeman of Newnan, Ryburn Clay of Atlanta, H. T. McIntosh of Albany, David S. Atkinson of Savannah, and S. Price Gilbert of Atlanta. The commission as constituted, by majority vote, shall perfect its own organization and adopt such rules and employ such methods of procedure as it may deem expedient, subject to such limitations and directions as may be, in this Act, hereinafter expressed. The members of said commission shall serve without compensation. Section 2. The said Western Atlantic Railroad Commission shall be and hereby is vested with full, complete and plenary power to contract with any person, firm or corporation, in the name of and on behalf of the State of Georgia, for leasing or letting any or all right, title and interest which the State of Georgia may now have or hereafter

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acquire in the overhead or air rights above said area hereinafter described, or any part thereof both before and after the unexpired term of the present lease of the Western Atlantic Railroad to the Nashville, Chattanooga St. Louis Railway and for the construction, occupancy, use and maintenance of income producing buildings or structures to be erected over and above the right of way of the Western Atlantic Railroad between Central Avenue and Spring Street in the City of Atlanta; such commission being expressly authorized and empowered to enter into separate, distinct and different contracts, embodying different terms and conditions, with separate, distinct and different persons, firms and corporations, and to so contract with reference to any separate portion or portions of such space as is hereinabove described; such commission is authorized to make provision in such contract or contracts for the continued occupancy, use and maintenance of such buildings or structures during the lease and after termination of the present lease contract with The Nashville, Chattanooga St. Louis Railway, whether said termination shall be brought about by the passage of time or the default of said lessee; provided, nevertheless, that said commission shall have no power to extend the lease of any portion of such property of the State for a period of time in excess of twenty (20) years from the date of the expiration of the present lease to The Nashville, Chattanooga St. Louis Railway; said commission shall have the power to agree upon the amount of taxes to be paid to the State of Georgia, the County of Fulton, and the City of Atlanta upon the building or structure or buildings or structures so erected in such space; such commission is authorized to contract and provide for the payment to the State of Georgia of such rentals, both before and after the termination of the present lease of the Western Atlantic Railroad to The Nashville, Chattanooga St. Louis Railway, as to said commission shall seem adequate, just and proper, for any leasehold estate that may be granted by said

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commission, under the powers and subject to the limitations as are herein set out; such commission being given power and authority to incorporate and embody in such contract or contracts such terms and conditions as such commission may deem wise and proper, subject to the limitations and powers herein; provided, always: Powers. Air rights. 1. That the present lease contract between the State of Georgia and The Nashville, Chattanooga St. Louis Railway dated May 11, 1917, shall be and continue the sole and exclusive measure of the respective rights and obligations of the parties thereto with reference to the use of the Western Atlantic Railroad during the term of its lease, except as the same may be specifically in terms modified by written contract made as herein above authorized; Limitations on powers of commission. 2. That said commission shall have no power to agree upon the extension of the lease of the Western Atlantic Railroad as a whole for a period longer than that fixed by the lease contract with The Nashville, Chattanooga St. Louis Railway of May 11, 1917; 3. That said commission shall have no power to do any act that will interfere with or diminish the present state of usefulness of the present railroad right of way or any of its terminal properties for practical railroad purposes; 4. That said commission shall make adequate provision, in any contract agreed to by it, for the keeping of any building or structure contracted for on any of the property of the State of Georgia, at the sites herein designated in the City of Atlanta, in repair at the expense of the present lessee or sub-lessee of any such building or structure, or of any successor in title to the use of said structure, or any leasehold interest therein, and without any expense or cost to the Western Atlantic Railroad or to the State of Georgia.

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Section 3. The commission is hereby instructed and directed to prepare and submit to the General Assembly a full report covering in detail its action in conformity with the provisions of this Act. Report. Section 4. That all vacancies on said commission, either by death, resignation or otherwise, shall be filled by election by a majority of the members elected to the House of Representatives, the Senate concurring. Vacancies. Section 5. That said Commission, in addition to the powers hereinbefore granted, shall be and is hereby vested with full, complete and plenary power to contract in the name of and on behalf of the State of Georgia, for the extension of present and existing leases on that certain property of the State of Georgia, located in the City of Atlanta, formerly known as the Mansion Property, and now occupied by structures known as the Henry Grady Hotel, the Henry Grady Building, the Red Rock Building and the theatre located on said property, for a period of time not in excess of twenty (20) years from May 31, 1972, the date of the expiration of present leases upon said property; such Commission being expressly authorized to enter into separate, distinct and different contracts, embodying different terms and conditions, with separate, distinct and different persons, firms and corporations, and to so contract with reference to any separate portion or portions of said Mansion Property or the buildings located thereon, as hereinabove described; also, to make provision in such contract or contracts for the continued occupancy, use and maintenance of such buildings or structures during said extended lease, and to specify that the lessee or lessees shall pay taxes on any such extension of the present lease or leases on a basis as may be hereafter provided by the General Assembly of Georgia and by the local governing authorities of the County of Fulton and/or the City of Atlanta; and to provide for the payment to the State of Georgia of such rentals during said extended period, as to said

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Commission shall seem adequate, just and proper, and to incorporate into such contract or contracts such terms and conditions as the Commission may deem wise and proper, subject to the limitation and powers imposed by this paragraph. Additional powers in regard to Mansion Property. Section 5A. That any contract made by said Commission herein provided for shall be submitted to the General Assembly meeting next after the execution of said contract, for approval or disapproval, and unless approved by said General Assembly, said contract shall be void. Approval of contracts. Section 6. Be it further enacted that all laws and parts of laws in conflict with this law be and the same are hereby repealed. Approved March 21, 1939. WESTERN AND ATLANTIC WARRANTS. No. 216. An Act to amend an Act entitled An Act to authorize and empower the Governor to assign and set apart the rentals of the Western Atlantic Railroad from 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, approved February 16th, 1938; to authorize the Governor of the State to sell for the sum of $75,000.00 all the rights and interests the State of Georgia has under the contract with the Reconstruction Finance Corporation for the purchase of Western Atlantic Railroad warrants to a refund of a part of the discount on said warrants; to ratify, confirm and re-enact said Act

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adopted by the General Assembly of Georgia and approved February 16th, 1938, the issue of the warrants by the Governor, the setting aside of a special fund in the treasury for the payment thereof, and the sale thereof to the Reconstruction Finance Corporation at an annual discount of three and one-half per cent; to authorize the surrender and cancellation of all of said warrants outstanding and the issuance of new warrants of equal amount in lieu of or in substitution thereof; to provide that said warrants, when so re-issued, shall be legal investments for trustees, executors, guardians and other fiduciaries and shall be eligible to secure all forms of deposits in banks and savings banks and eligible for investments of banks and insurance companies, and for other purposes. Whereas, by an Act approved February 16th, 1938, Georgia Laws, Extra Session 1937-1938, pages 73 to 76, the Governor of the State was authorized and empowered to assign and set apart the rental arising from the existing lease of the Western Atlantic Railroad for a period of six (6) years beginning January 1st, 1944, as a special treasury fund to be used exclusively for the purpose of paying warrants drawn against the same and to draw a warrant or warrants against said special fund, and the Governor, State Treasurer and State Auditor were authorized and directed to discount and sell said warrant or warrants for cash to the highest bidder at a discount not greater than three and one-half (3%) per cent, said warrant or warrants to be duly signed by the Governor and counter-signed by the Comptroller General, and said Act specifically authorized the sale or discount of said warrant or warrants to the Reconstruction Finance Corporation; and Special treasury fund. Whereas, the Governor of the State of Georgia did assign and set apart said special treasury fund and did draw seventy-two (72) warrants on the Treasury of the

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State of Georgia and the Comptroller General of the State of Georgia counter-signed those warrants, each for $45,000.00, one payable out of said Western Atlantic Railroad Company rental funds on the first day of January, 1944, and one on the first day of each month thereafter for seventy-two (72) consecutive months, and did discount such warrants to the Reconstruction Finance Corporation at a price which would yield to Reconstruction Finance Corporation three and one-half (3%) per cent per annum, all in compliance with the terms of the aforesaid Act of the General Assembly; and Warrants discounted. Whereas, the Reconstruction Finance Corporation did, upon the purchase of said warrants, agree with the State of Georgia as follows: Fifth, That when this Corporation ceases to be the holder of all Warrants purchased by it (whether by payment of Warrants at their maturity dates and/or by sales thereof) the Treasurer be and hereby is authorized (i) to make a recomputation (figured from the date of purchase to the maturity of the Warrants) of the discount which was deducted in accordance with Paragraph I of Resolved First hereof at the time of purchase of said Warrants so that such discount would have been at the rate of 3% per annum in lieu of 3% per annum and (ii) to refund to Applicant the difference between such discount at the rate of 3% per annum and such discount at the rate of 3% per annum; provided that this Corporation shall be under no obligation or liability to make such refund if any of the Warrants which this Corporation holds at their maturity dates are not promptly paid. Agreement with R.F.C. which provision of said contract of purchase is now in force and effect; and Whereas, it has been indicated to the Governor that the State can sell the rights and interests of the State of Georgia under the aforesaid provision of the contract

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with the Reconstruction Finance Corporation to receive a refund on the discount allowed on said warrants on the purchase thereof by the Reconstruction Finance Corporation and receive for such rights and interests the sum of $75,000.00, provided such warrants are made legal investments for trustees, executors, guardians and other fiduciaries: Sale of contract rights. Refund. Now, therefore, be it enacted by the General Assembly of the State of Georgia as follows: Section 1. The Governor of the State is hereby authorized and empowered to sell all of the rights and interests the State of Georgia has under the aforesaid contract with the Reconstruction Finance Corporation to receive a refund from the Reconstruction Finance Corporation of a part of the discount charged upon the purchase of the Western Atlantic Railroad warrants by the Reconstruction Finance Corporation for the price of $75,000.00 and to assign to the purchaser or purchasers all of such rights and interests of the State of Georgia in said contract with the Reconstruction Finance Corporation, and as a part of such sale, to release the Reconstruction Finance Corporation from all other and further liability to the State of Georgia therefor and to transfer such rights against the Reconstruction Finance Corporation to such purchaser or purchasers. Sale authorized. Section 2. The aforesaid Act of the General Assembly of the State of Georgia approved February 16th, 1938, Georgia Laws, Extra Session 1937-1938, pages 73 to 76, providing for the issuance of said Western Atlantic Railroad warrants the creation of a special fund in the Treasury for the payment thereof and the sale of said warrants is hereby ratified, confirmed and re-enacted in all of its terms and provisions, and the Acts of the Governor, the State Treasurer, the Comptroller General and the State Auditor in issuing said warrants, setting aside said special treasury fund for the payment thereof and

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the sale of said warrants to the Reconstruction Finance Corporation at a price to yield three and one-half (3%) per cent per annum, are hereby ratified, confirmed and validated. Act of 1937-1938 ratified. Section 3. The Governor is hereby authorized and empowered to issue and the Comptroller General to counter-sign, upon the surrender and cancellation of the warrants issued and now outstanding under the provisions of said Act approved February 16th, 1938, new warrants in lieu of or in substitution for such warrants now outstanding, in the same aggregate amount and payable in the sum of $45,000.00 on the first day of each month beginning January 1st, 1944, for seventy-two (72) consecutive months, but in denominations of $1,000.00, or in multiples thereof. Such new warrants shall be issued and paid under the same terms, conditions and provisions as the warrants now outstanding, and the special treasury fund created under said Act approved February 16th, 1938, shall be set up, held and used solely for the purpose of paying said warrants, as provided in said Act and by the terms of this Act. New warrants. Section 4. Said new warrants, when issued, shall constitute legal investments for trustees, executors, guardians and other fiduciaries, and shall be eligible to secure deposits in banks and savings banks and for investments by banks and insurance companies in Georgia and for sinking funds. Legal investments. Section 5. Be it further enacted, that all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved March 24, 1939. ZONING LAWS IN COUNTIES. No. 281. An Act to authorize any county in this State having a population of not less than seventy-five thousand and

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not more than one hundred 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 commissioners 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 Commissioners, as the case may be, having charge of the fiscal affairs of any county or counties having a population of not less than seventy-five thousand and not more than one hundred thousand inhabitants, according to the 1930 Federal census, or any county or counties having a population within said limits according to any future Federal census, are hereby authorized to pass zoning and planning laws whereby 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

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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 and planning. Consent of property owners. 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. 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. Legal remedies. Section 4. That any person who shall willfully 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. Punishment. 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. Section 6. That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 24, 1939.

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ZONING LAWS IN COUNTIES. No. 342. An Act to amend an Act approved January 10, 1938, as it appears in Georgia Laws extra session 1937-1938 on pages 414 and 415 which is an Act to authorize any county in the State having a population of not less than 70,000 and not more than 75,000 inhabitants according to the 1930 Federal census, or that may have a population within said limits by any future Federal census to pass zoning and planning laws, and for other purposes, upon consent of Fifty-one per cent of the owners of property in said zone or district, by providing for zoning upon written petition signed by Fifty-one per cent of the owners of real property in the area zoned 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 above stated Act is amended by striking from the last two lines of the caption in said Act and from the last two lines of Section 1 in said Act after the words without the consent the words of fifty-one per cent of the owners of property in said zone or district and by substituting in lieu thereof and after the words without the consent the words given by written petition signed by the owners of fifty-one per cent of the real property within the area zoned or districted. So that Section 1 when amended shall read as follows: Act of 1937-1938 amended. 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

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county or counties having a population within said limits according to any future Federal census, are hereby authorized to pass zoning and planning laws whereby 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 given by written petition signed by the owners of fifty-one per cent of the real property within the area zoned or districted. Zoning and planning. Petition of property owners. The caption of the Act is hereby amended as herein set forth. Section 2. All laws or parts of laws in conflict with this amendment are hereby repealed. Approved March 24, 1939.

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TITLE VII. EDUCATIONSCHOOLSUNIVERSITY SYSTEM. ACTS. Equalizing Opportunities Act Amended. Georgia Military CollegeLand Grant. Georgia Military CollegeTrustees. RegentsCondemnation of Private Property. Toccoa Falls InstituteDegrees. EQUALIZING OPPORTUNITIES ACT AMENDED. No. 262. An Act to amend the Equalizing Educational Opportunities Act approved February 10, 1937 (Georgia Laws 1937, Pages 882-892) by striking therefrom the provision excepting certain schools systems from the operation of the said Act; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Equalizing Educational Opportunities Act approved February 10, 1937 (Georgia Laws 1937, pages 882-893) be and the same is hereby amended by striking from Section 3 of the said Act the following language: Provided, further, that those counties in which the public schools are operated under special Acts recognized and continued by the Constitution of 1877, shall be governed by the provisions of this Act, except where the same is in conflict with any such special Act. And Section 3 of the said Act be and the same is further amended by striking the semi-colon appearing after the word Education in the first line on page 884 of Georgia Laws of 1937 and a period substituted in lieu thereof so that Section 3 of the Equalizing Educational Opportunities Act when amended will read as follows: Act of 1937 amended. Section 3. For the purpose of this Act, the several counties of the State, and the various independent school

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systems established by law, shall be the local units of administration. In the local units of administration, the several teachers and principals shall be elected by the boards of education on the recommendation of the respective superintendents; Provided, that principals and teachers in local tax districts, not operated as independent systems, shall be recommended by the board of trustees of such school district and by the county superintendent. The superintendents, and the boards of education of the respective local units referred to shall execute the provisions of this Act under such rules and regulations as may be adopted by the State Board of Education. Teachers and principals. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1939. GEORGIA MILITARY COLLEGELAND GRANT. No. 350. An Act to give and grant to The Board of Trustees of Georgia Military College certain land which constitutes part of the Old Capitol Square in the city of Milledgeville 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 following described parcel of land is hereby given and granted to The Board of Trustees of Georgia Military College. To wit: That tract or parcel of land lying in the northeast corner of the Old Capitol Square in Milledgeville, Georgia, bounded on the north by Greene Street, on the east by Elbert Street and on the South and west by parts of said Capitol Square, said parcel of land contains 3.46 acres; the boundary line around land hereby granted, runs as follows: beginning at northeast

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corner of said Capitol Square at intersection of Elbert and Greene Street line runs thence in a southerly direction along the west side of Elbert Street 327 feet; thence in a westerly direction perpendicular to Elbert Street 460 feet; thence in a northerly direction parallel to Elbert Street 327 feet to Greene Street; thence in a easterly direction along the south side of Greene Street 460 feet to the point of beginning. Grant. Description. Section 2. Be it further enacted that all laws and parts of laws in conflict herewith be and are hereby repealed. Approved March 24, 1939. GEORGIA MILITARY COLLEGETRUSTEES. No. 351. An Act to enlarge the powers of The Board of Trustees of Georgia Military College, and for 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 in addition to the powers heretofore conferred upon The Board of Trustees of Georgia Military College and the powers conferred upon it by the laws of the said State, the said Board of Trustees are hereby granted power to erect buildings and equip the same on lands belonging to the said College and on lands loaned or leased to the said College and on lands of State of Georgia heretofore or hereafter granted to or set apart for use of the said College or its Board of Trustees, and to contract for the erection and equipment of said buildings and to secure said contracts and they are hereby empowered to pledge the income from buildings and equipment thereof now or hereafter owned by the said College, or set apart to the use of the same. The pledge of which income may be made for any school purposes, and to secure payment of money borrowed for school purposes or for the erection or the equipment of buildings on the school land or land

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loaned, or set apart for said school for school purposes. The said Board of Trustees may also exercise any power usually granted such corporation and such powers as are necessary to College's usefulness, which are not in conflict with the Constitution or laws of this State. Additional powers of trustees. Section 2. Be it further enacted that all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1939. REGENTSCONDEMNATION OF PRIVATE PROPERTY. No. 251. An Act to authorize and empower the Regents of the University System of Georgia by condemnation to take or damage private property for public purposes of the University System upon paying or tendering to the owner thereof just compensation; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Regents of the University System of Georgia are hereby authorized to take or damage, by condemnation, private property for public purposes of the University System upon paying or tendering to the owner thereof just compensation. Condemnation proceedings by the Regents may take the form provided in Part II of Title 36 of the 1933 Code of Georgia or the form provided in Chapter 36-11 of said Code as amended. Condemnation method. Section 2. If any part or application of this Act is held unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the remainder of this Act and it is hereby declared to be the intent of the General Assembly to pass this Act without such invalid part or application.

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Section 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 24, 1939. TOCCOA FALLS INSTITUTEDEGREES. No. 301. An Act to authorize and empower the Toccoa Falls Institute located in Toccoa Falls, Georgia, to confer the Degree of Bachelor of Arts in Biblical Education. Be it enacted by the General Assembly of the State of Georgia: Section 1. The Board of Trustees of Toccoa Falls Institute located in Toccoa Falls, Georgia are authorized and empowered to confer the degree of Bachelor of Arts in Biblical Education upon students who have completed the four-year course prescribed by the Board of Trustees, when recommended by the Faculty. Bachelor of Arts in Biblical Education. Section 2. A diploma from the Toccoa Falls Institute shall entitle the holder to be accredited by the State Board of Education in like manner as the diplomas are now accredited from other schools and colleges. Diplomas accredited. Section 3. All Acts or parts of Acts inconsistent herewith are hereby repealed. Section 4. This Act shall take effect upon its approval by the Governor. Approved March 24, 1939.

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TITLE VIII. HIGHWAYS OF THE STATE ACTS. Chattanooga Valley Road Addition. Coastal Highway District. Dawson County Addition. Evans and Liberty CountiesAddition Changed. Hart County Addition. Purchase of Bridges on State Line. CHATTANOOGA VALLEY ROAD ADDITION. No. 250. An Act to amend an Act entitled Highway Mileage as the same appears in the Acts of the Georgia Legislature of 1929, pages 260 to 268, and including the map opposite page 268 of said Acts of 1929, said Act hereby amended being known as the Traylor-Neill Bill, and map as aforesaid being designated in said Act of 1929 as the Traylor-Neill map, so as to add to said map a road beginning on the North at the Tennessee State line where it connects with U. S. Highway No. 41 and U. S. Highway No. 11, the highways from Chattanooga to Nashville and Birmingham. It runs through Chattanooga Valley along the base of Lookout Mountain for fourteen miles to a junction with the LaFayette-Trenton State highway which is now under construction. The present road is reasonably level and straight for its entire length. The communities of Flintstone, Moon's Station, Cenchat, High Point and Cassandra are on the proposed highway. It carries the through traffic from Chattanooga to McLemore's Cove, about half the Chattanooga-Chickamauga traffic and some trucks on the Chattanooga-Atlanta run use this road for five miles. The Chattanooga-Chickamauga buses use five miles of this road, making six trips a day. The total mileage is approximately 14.1 miles; to provide

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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. 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 the north at the Tennessee State line where it connects with U. S. Highway No. 41 and U. S. Highway No. 11, the highways from Chattanooga to Nashville and Birmingham. It runs through Chattanooga Valley along the base of Lookout Mountain for fourteen miles to a junction with the LaFayette-Trenton State Highway which is now under construction. The present road is reasonably level and straight for its entire length. The communities of Flintstone, Moon's Station, Cenchat, High Point and Cassandra are on the proposed highway. It carries the through traffic from Chattanooga to McLemore's Cove, about half the Chattanooga-Chickamauga traffic and some trucks on the Chattanooga-Atlanta run use this road for five miles. The Chattanooga-Chickamauga buses use five miles of this road, making six trips a day, the total mileage of said road is approximately 14.1 miles. Act of 1929 amended. Road specified. Section 2. Be it further enacted that by the addition of said road on said map and the placing of said road on

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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 gasoline tax allocated to said county as to said road hereby added on said map unless and until said road is formally designated as a State Aid road by the State Highway Board of Georgia by appropriate action as now provided by law and a map, showing said road thereon, be filed with the Secretary of State as now provided by law. Designation before obligation. Section 3. Be it further enacted that it is the purpose of this Act to give to the State Highway Department of Georgia the right and authority legally to designate the road described in Section 1 of this Act, said road running through Chattanooga Valley, a distance of approximately 14.1 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 March 24, 1939. COASTAL HIGHWAY DISTRICT. No. 223. An Act to prescribe the rights, duties and responsibilities in connection with the continuance of The Coastal Highway District a highway paving district composed of Chatham, Bryan, Liberty, McIntosh, Glynn, and Camden Counties, to prescribe the duties of the Commissioners of said district, to provide for the issuance of additional bonds, the expenditures of funds and other

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matters relating to the administration of said district in connection with the widening of the Coastal Highway, the continuance of said highway district as covered by a constitutional amendment passed by the Legislature of Georgia at its session in 1939 to be ratified at the subsequent general election, for other purposes. Section 1. The Costal Highway District Board of Commissioners. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That pursuant to the Constitutional Amendment referred to in the caption thereof, The Coastal Highway District originally created as a political subdivision, body politic and corporate of this State by a Constitutional Amendment in 1924, is continued as a political subdivision, body politic and corporate of this State for the purpose of aiding in the widening and reconstruction of the public highway known as the Atlantic Coastal Highway (State Route #25) extending from the Savannah River to the Florida line. Said District shall continue to be managed and controlled for the purpose of this Act and said Constitutional Amendment by a Board of Commissioners to be known as the Board of Commissioners of the Coastal Highway District. The said District shall have authority to sue and be sued under the name of Coastal Highway District, shall have a corporate seal to be adopted by the Board, and the Commissioners thereof shall have the power to make contracts and do all things necessary and proper to carry out the provisions of this Act and the Constitutional Amendment herein referred to. The said District shall continue to be composed of the territory of Chatham, Bryan, Liberty, McIntosh, Glynn and Camden Counties. District continued. Control. Section 2. Personnel of Commission-Term-Bonds. The Commission shall be composed of ten members, of whom four shall be freeholders and residents of the County of Chatham, two shall be freeholders and residents

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of the County of Glynn and one each shall be freeholders and residents of the counties of Bryan, Liberty, McIntosh and Camden. They shall be selected and vacancies filled by the officers in charge of the levying of taxes in said counties respectively, that is to say the officers in charge of the levying of taxes in Chatham County shall select the Chatham County Commissioners, and the like office of each County shall select the commissioners or commissioner of each county. County Commissioners of the counties of the District, shall be eligible to election as District Highway Commissioners of their respective Counties. The term of office shall be for five years and until their successors are selected, and the commission shall continue until the purposes of this Act have been fully completed. The present personnel of the Board of Commissioners of the Coastal Highway District shall continue in office until their individual terms expire and their successors shall then be appointed under the provisions of this section. A majority shall constitute a quorum and have the power to act hereunder. Each member of the commission shall give bond to said Coastal Highway District in the sum of $10,000.00 by a surety or bonding company, for the faithful discharge of his duties. The Treasurer shall give bond to said Coastal Highway District in the sum of $25,000.00 or such additional amount as the Coastal Highway Commission may require to cover the faithful discharge of his duties. Personnel. Terms of office. Amount of bond. Section 3. Organization of Commission. The said Commission shall select one of their members as Chairman. The said Commissioner shall select a Secretary and Treasurer of the Commission and may appoint a fiscal agent, attorneys, engineers or other persons or corporations whose services may be deemed by the Commission to be necessary or useful in carrying out the purposes of this Act. The members of the Commission shall receive no fixed salary, but when actually engaged upon the work of the Commission shall be allowed a per diem of $10.00 per day and

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actual travelling expenses; provided however, that the total per diem to be allowed in any one year shall not exceed $50.00 for each commissioner, and $1000.00 for the Chairman. The said Commission and its authorized representatives shall advise with the State Highway Department in the location, construction, maintenance, roadside improvement and roadside control of the Coastal Highway, the design of roadway, type of paving, letting of contracts and performances thereof. Organization. Compensation. Section 4. Application of Funds. The said Commission shall upon the ratification of the Amendment herein referred to, make application to the State Highway Department of Georgia for the allocation of funds necessary for the surveys and construction of a four lane highway for the Coastal Highway (State Route #25) extending from the Savannah River to the St. Marys River. The State Highway Board of Georgia shall allocate the necessary State and Federal funds with a view to completing the four lane highway in a period of six years from date of ratification of the Constitutional Amendment, or as soon thereafter as practicable. Allocation and use of funds. Section 5. Issuance of Bonds. For the purpose aforementioned the Commission is hereby authorized to issue bonds for the said Coastal Highway District in an aggregate principal not to exceed $4,500,000.00; in two increments. The increment in an amount not to exceed $500,000.00 shall be issued as required, by the Coastal Highway District for rights of way, removal of structures, administrative and miscellaneous purposes. These bonds, when issued, shall be signed and sealed by said Commissioners and shall constitute a lien upon the entire property of all the counties composing said district, and a first lien to the extent of the annual retirements and interests payments thereon upon any sum payable annually thereafter by the State of Georgia to the said Counties respectively from amounts collected from gasoline and oil taxes until

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all said bonds of said district are retired. Both interest and principal shall be paid by the Coastal Highway District. The principal shall be retired on a pro rata basis by the Coastal Highway District in annual payments over not to exceed 20 years from date of issuance of the first bonds. The second increment in an amount not to exceed $4,000,000.00 shall be issued as required for the purpose of aiding in the widening and reconstruction of the said Coastal Highway. The bonds, when issued shall be signed and sealed by said Commissioners and shall constitute a lien upon the entire property of all the Counties composing said district and a first lien to the extent of the annual retirements upon any sum payable annually thereafter by the State of Georgia to the State Highway Board from amounts collected from gasoline and oil taxes and other sources, until all bonds of said district are retired. The principal not to exceed $4,000,000.00 shall be retired in annual payments by the State Highway Board from its revenues from any and all sources at the maximum rate of $333,333.00 per year, or such lesser amount as is represented by the pro rata of the State's expenditures after deducting Federal Allotments, on the basis of retirements of the bonds covering the said State's expenditures in a period of 12 years. The assessment against each County shall be a lien upon the entire property of all the counties composing said district and a first lien to the extent of the annual retirements and interest payments thereon upon any sum payable annually thereafter by the State of Georgia to the said Counties respectively from amounts collected from gasoline and oil taxes until all bonds of said district are retired. Both bond issues shall be legal investments for trust funds. Both increments of bonds shall be of the denomination of $1000.00 each. They shall be issued as coupon bonds payable to bearer, but may be issued with the privilege of the holder having them registered as to the principal on the books of a bank or trust company appointed by the commission as bond registrar

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or transfer agent of the said Coastal Highway Commission, and the principal thus made payable to the registered holder, subject to such conditions as the Commission may prescribe. Bonds so registered in the name of the holder may thereafter be registered to bearer and thereafter be made payable to bearer. The registration herein provided for shall not effect the negotiability of the coupons of such bonds, but all coupons shall pass by delivery. The bonds shall bear interest at a rate not to exceed three per cent annum, payable semi-annually. They shall be serial bonds, maturing in annual series and installments, consisting of one or more bonds each, the first of which annual series and installments shall become due and payable one year after date of issuance. The principal and the interest of the bonds may be made payable within or without the State of Georgia, in such medium of payment as may be indicated on the face of the bond. The bonds shall be signed by the said Coastal Highway Commission and the corporate seal of the Coastal Highway District shall be affixed to or impressed on the bond and attested by the Secretary of the Commission, but the coupons attached to the bonds need not be authenticated other than by facsimile signatures of the chairman of the Commission etched, lithographed or engraved on the coupon. The delivery of the bonds so executed shall be valid notwithstanding any change in officers or seal occurring after such execution. Bonds. First increment. Payment. Second increment. Payment. Legal investment. Interest rate. Section 6. Bond ElectionValidation, Etc. The bonded indebtedness here provided for shall be incurred only after it has been submitted to the qualified voters of said district at an election to be called by the said District Commissioners and held in the same manner as elections for the incurring of a bonded indebtedness by counties, municipalities, and divisions. In determining the result of the election, the vote of the entire district shall be consolidated and counted as a unit. Provided however, that two-thirds of those voting in the entire District must

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be favorable to bonds which said two-thirds so voting favorably must be a majority of those qualified to vote in said election, and also two-thirds of those voting in Chatham County must be favorable to bonds, which said two-thirds so voting favorably must be a majority of those qualified to vote in said election in Chatham County, otherwise the bonds shall not be issued. Each county shall pay the expenses of the election in that count. The election shall be called, the details of the election handled, the vote consolidated and the result of the election declared by the Coastal Highway District Commissioners herein provided for. The Superior Court of any county in said district shall have jurisdiction to validate the said bonds, in conformity with the law providing for the validation of county, municipality and division bonds; and the certification by the Clerk of the Superior Court, taking jurisdiction of such validation alone shall be sufficient certification. The proceedings for the validation may be instituted by the Solicitor General of any Judicial Circuit within which any of said counties lies, but the proceedings shall be served upon the authorities managing the fiscal affairs of each of said counties and they shall make answer thereto. Such indebtedness when incurred shall not be considered in determining the power of any of the counties composing said district, or any other county or municipal corporation or political subdivision of said State, to incur any other bonded indebtedness. Bond election. Validation. Section 7. Payment of Bonds. The assessment against each County shall be on the following pro rata basis: Chatham 69.5% Bryan 2.5% Liberty 2.9% McIntosh 1.8% Glynn 20.0% Camden 3.3% Total 100.0%

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The proper authorities of each county shall, at or before the issuance of said bonds provide for the levying, assessment and collection of a sum sufficient to pay the principal and interest of each county's part of said indebtedness when and as the same becomes due, on the first increment of bonds and the interest of each county's part when the same becomes due on the second increment of bonds. Upon the collection by the County authorities of the sum to be paid upon the indebtedness accruing hereunder such county authorities shall immediately pay the same over to the Treasurer of the Coastal Highway Commission, who shall deposit it as hereunder directed, and shall meet all interest payments and retirements promptly, as the same becomes due. It is made the duty of the said District Commissioners to see that the county authorities carry out the terms of this Act with reference to the collection and payment of sums sufficient to take care of each county's part of said indebtedness and they are authorized and directed to take such action as may be necessary to compel the performances of this obligation. Any excess of such tax collected by any county over and above the amount necessary to the county's liability for that year, after using the amount derived from tax on gasoline, oil, automobile taxes and licenses as hereinbefore provided shall be retained and the tax levied for the succeeding year shall be reduced accordingly. Pro rata assessment against counties. Tax. Excess. Section 8. Bonds-Tax-Exempt. All bonds issued under this Act shall be exempt for State, County, municipal, school and district tax in the State. Bonds tax exempt. Section 9. Bonds-Legal Investment Trust Funds. All bonds issued under this Act are hereby made legal investments for trust funds. Legal investment. Section 10. Sale of Bonds. The said bonds may be issued either all at one time or from time to time in lots. They shall be sold by the commission to the highest bidder

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upon such bids, submitted pursuant to notice published at least once ten days before the sale, in a newspaper printed and circulated in the City of Savannah, Georgia, and in the City of Atlanta, Georgia, and pursuant to such further advertisements as the commission may deem advisable. If no legally accepted bid is received pursuant to notice published as aforesaid any or all of said bonds so advertised may be sold at private sale within two months thereafter. The bonds shall not be sold for less than par and accrued interest to the date of delivery. Sale of bonds. Section 11. Custody and Proceeds of Said Bonds. The proceeds of the sale of all bonds and also any other money which may come into the hands of the commission shall be received by the Treasurer of the Commission, and said treasurer is hereby authorized to receipt for such money on behalf of the Commission. The Treasurer shall immediately deposit said money in such chartered bank or banks as the said Commissioners shall authorize. The fund shall be held subject to the warrant of the commission, signed by a majority of the members of the commission. The premiums on bonds given by the Treasurer and the Commissioners for the faithful discharge of their duties and salaries and other expenses paid by the commission shall be paid out of the money raised by the issuance of the bonds under this Act. The entire proceeds of the four million dollar bond issue shall be paid over to the State Highway Department of Georgia as required by the State Highway Board or the proceeds of such part of the four million dollar bond issue shall be turned over to the State Highway Board as sold. The State Highway Department shall have complete supervision of all phases of work in connection with the highway to be constructed from the proceeds of the bonds. Proceeds. Section 12. Reports of Commission. The Commission shall at the close of each fiscal year make a full report of its transactions during the year, including an

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itemized statement of the money received and disbursed and file a report with the Clerk of the Superior Court of Chatham County, Georgia, and publish same in the newspapers of Chatham and Glynn Counties in which sheriff's advertisements are published. The grand jury of any county of said district may make an examination of the books and papers and accounts of the said commissioners and the work of said commission as now provided by law, as in case of county officers, and may appoint a certified public accountant to assist in said examination. Annual report Section 13. Power of CommissionAcquisition of Lands. Said commission shall have power to acquire, for the State Highway Board of Georgia, either by purchase or condemnation, all necessary lands needed for highway purposes, to include not only the travelled way, but those lands or rights in lands required for construction (including detours, material pits and borrow pits and necessary location of structures), maintenance, parkways, recreation and the protection of the present and the future of the highway. Acquisition of land, and powers in regard thereto. If in the future any or all of the said highway should be taken over by the United States Government, said State Highway Board of Georgia shall have the authority to convey said lands to the United States with covenants of general warranty. Any portion of the funds derived from the Coastal Highway District Bond Issue for rights of way, removal of structures, administration and miscellaneous purposes may be used for such items as fencing, cattle passes, piping water to adjoining property owners, reconstruction of public and private roads, condemnation suits, deeds and land records and prosecution of condemnation suits. Said Commissioners shall have the authority to authorize representatives of the State and the United States Governments to enter upon private land for the purpose of making

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surveys to ascertain and mark the location of the proposed highway construction, investigation of gravel pits and road materials, gain access to the proposed right of way and parkway lands or to areas where it is desired to study the said location, hauling tools, equipment and road materials used in connection with the construction of the said highway. Said Commissioners shall have the authority to close such sections of public and private roads which are obliterated by the proposed construction as may be necessary. Said Commissioners shall have the authority to relocate sections of public and private roads as may be necessitated by the design and construction of said highway. Said Commissioners shall have the authority to provide for the elimination of existing and the denial of new frontage or access roads to the said highway by purchasing residual tracts left by acquisition, by providing other means of access to public highways, by private rights of way and by adjusting damages, if necessary. Section 14. Commissioners Not To Be Interested in Contracts. No Commissioner shall be financially interested either directly or indirectly in any contract, proposal or employment in connection with the construction of said roadway or the sale of its bonds. Any of said Commissioners may be removed from office for malfeasance, incompetency or neglect by the power appointing said Commissioner, after public hearing given. Financial interest denied commissioners. Removal. Section 15. Date Act Effective. This Act shall take effect upon the ratification of the Constitutional Amendment herein referred to; and should this constitutional amendment fail of ratification, then in that event this Act shall be of no effect. Effective date. Section 16. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 20, 1939.

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DAWSON COUNTY ADDITION. No. 363. An Act to amend an Act entitled Highway Mileage known as the Neill-Traylor Bill contained on pages 260-268 inclusive and including the map opposite page 268 of Georgia Laws of 1929, authorizing the Highway Board to add thereto a certain road in Dawson County, Forsyth County, also a branch leading off this road by the way of Shiloah into Cherokee County, repealing all conflicting laws, and for other purposes. Be it hereby enacted by the General Assembly of Georgia as follows: Section 1. A certain Act of the Georgia Legislature entitled Highway Mileage as set out on pages 260-268, inclusive, and including the map opposite page 268 of Georgia Laws, 1929, which Act is known the Neill-Traylor Act, is hereby amended by adding thereto a certain road approximately twenty (20) miles in length, leaving Rt. #43 in Dawson County at John Town Via. Pots Mountain and crossing State Road 53: about 7 miles west of Dawsonville and by the way of Yellow Creek Court Ground, to Frogtown and crossing at Ducktown with Highway #20; known as the old Atlanta Ellijay road, and extended to connect with highway 141 about four (4) miles South of Cummings, Georgia, also a prong leaving this road near Hubbardville by Shiloah church to Ballground. Act of 1929 amended. Road specified. Section 2. The State Highway Board is hereby authorized to place the said road on the Highway system and on the said Neill-Traylor map at its discretion, and there shall be no obligation upon the Highway Board of the Maintenance of the said road or for the payment of any gas tax thereon until the said Highway Board so elects. Designation before obligation. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 24, 1939.

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EVANS AND LIBERTY COUNTIESADDITION CHANGED. No. 275. An Act to amend the Act approved March 18, 1937 (Georgia Laws 1937, page 968), which added to the State Highway System a certain road running from Claxton, in Evans County, Georgia, to Willie, in Liberty County, Georgia, and connecting the county seats of Evans and Liberty Counties, by changing the description and direction in which said road shall run; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Section 1 of the Act approved March 18, 1937 (Georgia Laws 1937, page 968), adding to the State Highway System a certain road beginning at a point in the City of Claxton in Evans County, Georgia, and running in a southeasterly direction via certain points to Willie in Liberty County, Georgia, be and the same is hereby amended by striking and repealing the description of said road as it appears in lines 8, 9, 10, 11, 12, 13 and 14 of said section, and enacting in lieu thereof the following description: Act of 1937 amended. A certain road beginning in the City of Claxton in the County of Evans, and running in a general south-easterly direction, via J. M. Brewton old place, Bull Creek Church, W. B. Rogers, The Glissen Old Mill, F. C. Dyees old place, and Bethany Church, to intersect with the State Highway No. 67 at or near Taylor's Creek in Liberty County, Georgia, to run through the Counties of Evans, Tattnall and Liberty, a distance of twenty-four miles, so that said section as amended shall read as follows: New description. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is enacted by the authority

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of the same, That the Acts of the General Assembly known as the Neill-Traylor Bill, together with the map attached thereto, in Acts of 1929, pages 260-268, be and the same is hereby amended by adding to and placing on said map as fully and completely as though originally drawn on said map, a certain road beginning in the City of Claxton in the County of Evans, and running in a general south-easterly direction, via J. M. Brewton old place, Bull Creek Church, W. B. Rogers, The Glissen Old Mill, F. C. Dyees old place, and Bethany Church, to intersect with State Highway No. 67 at or near Taylor's Creek in Liberty County, Georgia, to run through the Counties of Evans, Tattnall and Liberty, a distance of twenty-four miles. Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1939. HART COUNTY ADDITION. No. 289. 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 or street in the City of Hartwell, Hart County, Georgia, connecting State Route No. 29, known as the Bankhead Highway, to Benson Street, known as the Hartwell-Elberton Road, said road leading directly from State Route No. 29 via the Hartwell Public School System to Benson Street known as the Hartwell-Elberton 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

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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 or street in the City of Hartwell, Hart County, Georgia, connecting State Route No. 29, known as the Bankhead Highway, to Benson Street, known as the Hartwell-Elberton Road, said road leading directly from State Route No. 29 via the Hartwell Public School System to Benson Street known as the Hartwell-Elberton Road. Act of 1929 amended. Road specified. 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 gasoline tax allocated to said county as to said road hereby added on said map unless and until said road is formally designated as a State Aid road by the State Highway Board of Georgia by appropriate action as now provided by law and a map, showing said road thereon, be filed with the Secretary of State as now provided by law. Designation before obligation.

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Section 3. Be it further enacted that it is the purpose of this Act to give to the State Highway Department of Georgia the right and authority legally to designate the road described in Section 1 of this Act in the city of Hartwell, Hart County, Georgia, connecting State Route No. 29, known as the Bankhead Highway, to Benson Street, known as the Hartwell-Elberton Road, said road leading directly from State Route No. 29 via the Hartwell Public School System to Benson Street, known as the Hartwell-Elberton Road, 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 March 24, 1939. PURCHASE OF BRIDGES ON STATE LINE. No. 338. An Act to authorize the State Highway Board of Georgia in connection with adjoining States or Counties of adjoining States to purchase bridges across streams on the State line; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same as follows: (1) That the State Highway Board is hereby authorized in connection with adjoining states, or counties of adjoining states, where the adjoining state or counties of the adjoining state will join on a basis of paying their pro rata part of the cost of purchase, to purchase bridges across any and all streams on the line between the State of Georgia and any adjoining state. Joint purchase with adjoining state or county.

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(2) That all laws or parts of laws in conflict herewith are hereby repealed. Approved March 24, 1939.

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TITLE IX. SUPERIOR COURTS. ACTS. Brantley Superior CourtTwo Terms. Butts Superior CourtFour Terms. Fulton Superior CourtAdditional Judge. Houston Superior CourtTwo Terms. Jeff Davis Superior Court Terms. Meriwether Superior CourtTwo Terms. Screven Superior CourtFour Terms. Thomas Superior CourtFour Terms. Wilcox Superior CourtThree Terms. BRANTLEY SUPERIOR COURTTWO TERMS. No. 214. An Act to change the time of holding the Superior Court of Brantley County from the first Monday in June and fourth Monday in November of each year to the first Monday in September and the third Monday in January in each year; to fix the relation of pending proceedings; to provide for the jurors drawn to serve at the changed terms and the witnesses; 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 on September 1, 1939, after the passage of this Act, the Superior Court of Brantley County, Georgia, shall be held on the first Monday in September and the third Monday in January in each year and the first term of said court to be held under the provisions of this Act shall be the first Monday in September, 1939. Two terms. January and September. Section 2. Be it further enacted by the authority aforesaid that all writs, bills, processes, orders, summons, subpoenas, bonds and all proceedings of every kind and

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character now pending in or returnable to said Court shall hold good and relate to the term of Court as herein changed and fixed by this Act; and that all jurors and witnesses drawn or summoned to attend the term of said Court convening on the first Monday in June, 1939, shall be held and considered as drawn and summoned to attend said Court on the third Monday in January, 1939, and shall be required to attend said Court according to the terms as herein fixed. Pending proceedings related to new terms. Section 3. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 20, 1939. BUTTS SUPERIOR COURTFOUR TERMS. No. 185. An Act to provide for the holding of four terms each year of Butts Superior Court, to prescribe and fix the time for holding same, to provide when this Act shall become effective, and for other purposes: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, there shall be held in each year four terms of the Superior Court for the County of Butts, State of Georgia, in the Flint Circuit. Four terms. Section 2. Be it further enacted by the authority aforesaid, That the terms of said court shall begin and be held, on the first and second Mondays in the month of February, on the first Monday in May, on the third and fourth Mondays in August, and the first and second Mondays in November of each year. February, May, August, and November. Section 3. Be it further enacted by the authority aforesaid, That grand juries shall be drawn for the terms

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of said court convening in February and August of each year only; provided, however, the presiding Judge may, in his discretion, draw and require the attendance of a grand jury at the May term of said court and at the November term of said court, or either of them, which grand jury shall pass upon such questions only as are particularly referred to such grand jury for action and attention by the presiding Judge. Grand juries. Section 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 16, 1939. FULTON SUPERIOR COURTADDITIONAL JUDGE. No. 212. An Act to add an additional judge of the Superior Court for the Atlanta Circuit; to regulate the manner in which the judges of said Atlanta Circuit shall dispose of the business thereof; to fix the time at which said additional judge shall begin his term, and to authorize the judges of said Atlanta Circuit to formulate, promulgate and enforce rules of procedure in said circuit: and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that an additional judge of the Superior Court of the Atlanta Circuit, as authorized under an amendment of the Constitution of this State, approved August 22nd, 1905, and duly ratified, is hereby provided for, and said additional judge shall be appointed by his Excellency, The Governor, for a term of office commencing on the date of his qualification under said appointment and continuing until the first day of January, 1941, and

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until his successor shall have been duly elected and qualified in the manner now provided by law for the election of judges of the Superior Court. Additional judge. Appointment. Section 2. Be it further enacted by the authority aforesaid, that the successor of said additional judge of the Superior Court of Atlanta Circuit shall be elected in the manner now provided by law for the election of judges of the Superior Courts of this State at the general election to be held on the first Tuesday following the first Monday in November, 1940, for a term of four years, beginning on the first day of January 1941, and until his successor shall have been elected and qualified. All future elections for such judge shall be for a term of four years, and shall be held and conducted as is now or may hereafter be provided by law for the election of judges of the Superior Courts of this State. Election. Section 3. Be it further enacted by the authority aforesaid, that the qualifications of such additional judge shall be the same as are now provided by law for all other Superior Court judges, and his compensation shall be the same as that of the present judges of the Superior Court of said Atlanta Circuit and all laws now of force relating to the compensation of judges of the Superior Court of the Atlanta Circuit shall apply to said additional judge; provided, that the salary of said judge or his successor or successors, to be paid out of the State Treasury shall not exceed the amount paid from that source to other judges of the Superior Courts of this State. But this proviso shall not affect the additional salary provided for by the amendment to the Constitution set out in the Acts of the General Assembly for 1920 at pages 20, et seq., and ratified November 2, 1920, and any Act of the Legislature or any constitutional provision under or pursuant to which additional salary or compensation could or should be paid a judge of the Superior Court of the Atlanta Circuit is hereby made applicable to the judge provided for by this Act. Qualifications and salary.

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Section 4. Be it further enacted by the authority aforesaid, That said additional judge of the Superior Court of said Atlanta Circuit, shall have all the powers, jurisdiction, duties and dignity of the present judges of the Superior Court of the Atlanta Circuit, and of all other judges of the Superior Courts of said State. Status. Section 5. Be it further enacted by the authority aforesaid that the provisions of the Art. No. 1, page 60, published laws for the session of 1907 of the General Assembly, approved July 23, 1907, contained in sections 5 to 11 of said Act, both inclusive, are hereby re-enacted and continued of force and applied to the conditions which will exist when said Atlanta Circuit shall have seven judges instead of six as now existing. Application of Act of 1907. Section 6. Be it further enacted by the authority aforesaid, that said judges of the Superior Court of the Atlanta Circuit or a majority of them may adopt, promulgate and enforce such rules of practice and procedure relative to calling cases on the dockets of said court, making up trial calendars thereof, providing for publication of notices as to calendars and assignment of cases, and the calling of appearance dockets by the clerk instead of the judges and the publication thereof, and providing for the dismissal of cases for want of prosecution or failure of counsel by notice under said rules to bring forward to the trial calendar, and for the assignment of appeal and claim cases and special orders and for checking cases pending other engagements, and providing for holding cases pending sickness of counsel and general rules and regulations for the efficient, prompt and convenient dispatch of the business of said court as in their discretion may be necessary, judicious and proper, and may alter, modify and change said rules of practice and procedure in said circuit from time to time as may be necessary and proper. Rules of practice. Section 7. Be it further enacted by the authority

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aforesaid, that all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved March 20, 1939. HOUSTON SUPERIOR COURTTWO TERMS. No. 40. An Act to provide for holding two (2) terms a year of the Superior Court of Houston County, Georgia; to prescribe a time for holding the same, to repeal all laws and parts of laws in conflict with this Act, and for other purposes: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after December 31, 1939, the terms of the Superior Court of Houston County, Georgia, shall be two (2) in number each year. Two terms. Section 2. Be it further enacted by the authority aforesaid, that the terms of said court shall begin on the first Monday in April and the first Monday in October in each year. April and October. Section 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 10, 1939. JEFF DAVIS SUPERIOR COURT TERMS. No. 287. An Act to amend 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

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in connection therewith, approved December 29, 1937 (Georgia Laws Extraordinary Session 1937-1938, pages 666-667) by changing the time for holding Superior Court in Jeff Davis County; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The 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, approved December 29, 1937 (Georgia Laws Extraordinary Session 1937-1938, pages 666-667) be and the same is hereby amended by striking from line 11 of Section 1 the word third and substituting in lieu thereof the word fourth so that Section 1 of the said Act when amended will read as follows: Act of 1937-1938 amended. 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 pages 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 Fourth 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 fourth Monday in September. Terms. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1939.

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MERIWETHER SUPERIOR COURTTWO TERMS. No. 403. An Act to repeal an Act entitled an Act to provide for holding four terms in each year of the Superior Court of Meriwether County; to provide for the time of holding the same; to provide for drawing a Grand Jury; and for other purposes, approved March 24, 1933 as amended by an Act approved February 19, 1935; to provide for holding two terms in each year of the Superior Court of Meriwether County; to provide for the time of holding same; to provide for a Grand Jury; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same that the Act approved March 24, 1933 entitled An Act to provide for four terms in each year of the Superior Court of Meriwether County; and provide for the time of holding same; to provide for drawing a Grand Jury; and for other purposes and amended by an Act approved February 19, 1935, be and the same is hereby repealed in its entirety. Act of 1933 repealed. Section 2. Be it further enacted by the authority aforesaid and it is hereby enacted by the same that there shall be held in each year two terms, of two weeks each, of the Superior Court of Meriwether County, Georgia. Two terms. Section 3. Be it further enacted by the authority aforesaid and it is hereby enacted by the same that the terms of said court shall begin on the 3rd Monday of February and the 3rd Monday of August in each year. February and August. Section 4. Be it further enacted, and it is hereby enacted by the authority aforesaid that the Judge of said court shall draw a Grand Jury for each of said terms of said court as provided by law. Grand jury.

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Section 5. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1939. SCREVEN SUPERIOR COURTFOUR TERMS. No. 228. An Act to provide for holding four terms in each year of the Superior Court of Screven County, Georgia; to prescribe the time for the holding of the same and Designate the terms of said court; to fix the terms for drawing of a grand jury; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, that from and after the passage of this Act there shall be held each year four terms of the Superior Court of Screven County, Georgia. Four terms. Section 2. Be it further enacted by the authority aforesaid, that the terms of said court shall begin on the first Mondays in January and September of each year and on the third Mondays in May and November of each year. January, May, September, and November. Section 3. Be it further enacted by the authority aforesaid that the Judge of said court shall draw a grand jury for the May and November terms of said court only, as is now provided by law and that the Judge shall not draw a grand jury for the terms of court beginning in January and September of each year. Grand juries. Section 4. Be it further enacted by the authority aforesaid that all proceedings of every kind and character now pending in or returnable to the Superior Court of said county and that may hereafter be transferred to

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said court from any other court shall relate to the terms as changed and fixed by this Act and shall be the return term or trial term as the case may be and all processes, bonds or other proceedings whatever shall be and are hereby made returnable to the next term of said Superior Court after this Act shall become of force; and that all subpoenas heretofore issued shall be returnable so as to contemplate the changes in the number of terms and the time of holding said court as herein provided; so that the person so summoned shall be and appear at the next term of said court after this Act shall become of force. Pending proceedings related to new terms. Section 5. Be it further enacted by the authority aforesaid that the Clerk of said Superior Court shall be the sole collecting and disbursing officer of said Court, and he shall within thirty days after each term of court make up the insolvent orders of each official connected with said court, for approval and settlement as now provided by law. Clerk sole collecting and disbursing officer. Section 6. Be it further enacted that the Judge of said Superior Court shall fix a calendar for the trial of cases at each term of said court which calendar shall be arranged by said Judge. Calendars. Section 7. Provided that this Act shall not become effective unless a certain Act known as Senate Bill No. 52 which provides that the City Court of Sylvania shall be abolished, is approved and ratified by the people of Screven County, Georgia, in an election to be held for that purpose, the said Senate Bill No. 52 providing that it shall not become effective until ratified by the voters of Screven County and if ratified by the voters of Screven County the Act shall not go into effect until January 1, 1941. In the event said Bill providing for the abolishment of said City Court of Sylvania is ratified and approved at said election then this Bill shall become effective January 1, 1941, but in the event that said Senate Bill No. 52 is not ratified and approved at said election then this

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Act becomes void and is not effective. Proviso. Section 8. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 20, 1939. THOMAS SUPERIOR COURTFOUR TERMS. No. 297. An Act to provide for holding four terms a year of the Superior Court of Thomas County; to prescribe the time for holding the same; to prescribe when and how Grand Juries shall be required to attend said court; to repeal conflicting laws; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act there shall be held in each year four terms of the Superior Court for the County of Thomas in the Southern Judicial Circuit of the State. Four terms. Section 2. Be it further enacted that the terms of said court shall begin on the third Mondays in January, April, July, and October in each year. January, April, July, and October. Section 3. Be it further enacted that the Judge of said court shall only draw a Grand Jury for the April and October terms of said court; Provided, that the presiding Judge, in his discretion, may require the attendance of any April Term Grand Jury at the following July term, and likewise any October Term Grand Jury at the following January term, if the business of the court should require it; but the duties of any Grand Jury shall not require them to perform any other service at said July and January terms than they shall be by the presiding Judge especially charged with. Grand juries.

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Section 4. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved March 24, 1939. WILCOX SUPERIOR COURTTHREE TERMS. No. 357. An Act to provide for holding three terms a year of the Superior Court of Wilcox County, Georgia, to prescribe the term of and for holding the same, to provide the duration of said terms and repeal all conflicting laws, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act there shall be held in each year three regular terms of the Superior Court of Wilcox County, Georgia and said regular terms shall convene on the fourth Monday in February and the Monday following, the fourth Monday in June and the Monday following, and the fourth Monday in November and the following Monday, in each year and said court shall continue in session for a period of two weeks for each term unless in the discretion of the presiding judge either of said terms may be sooner adjourned as herein prescribed, or either or all of said terms may be continued or prolonged beyond the respective 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 there shall be no adjournments of any or either of said three terms unless so ordered by the presiding judge or until adjourned by operation of law and now provided by law. Three terms. Section 2. Be it further enacted by the authority aforesaid that all petitions, writs, bills, processes, subpoenas,

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bonds and proceedings both civil and criminal of every kind and character now pending in or returnable to said Superior Court of Wilcox County, Georgia shall hold good and relate to the terms as changed and fixed by this Act. Provided that nothing in this Act shall have any effect on the term of said Court to be held on the fourth Monday in March 1939 as is now fixed by law. Pending proceedings related to new terms. Section 3. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 24, 1939.

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PART II.LOCAL AND SPECIAL LAWS

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TITLE I. CITY, COUNTY, AND MUNICIPAL COURTS. ACTS. Athens City CourtElection of Judge and Solicitor. Atlanta Municipal CourtName Changed. Cairo City CourtAmendments. Colquitt City CourtJudge's and Solicitor's Salary. Columbus City Court Salaries. Douglas City CourtReferendum to Abolish. Dublin City Court Clerk's Office Abolished. Dublin City CourtDisqualification of Judge. Echols County CourtSpecial Election for Judge. Ellaville City CourtReferendum to Abolish. Fort Gaines City Court Abolished. Fulton County Criminal CourtJudges and Solicitor General. Greenville City Court Established. Macon City CourtElection of Judge. Morgan City CourtJurisdiction. Pembroke City CourtSolicitor, etc. Quitman County CourtSolicitor's Office Abolished. Sylvania City CourtReferendum to Abolish. Valdosta City Court Reporter. Wrightsville City CourtDisqualification of Judge. Wrightsville City CourtJuries. ATHENS CITY COURTELECTION OF JUDGE AND SOLICITOR. No. 26. An Act to amend an Act, entitled, An Act to establish a city court in the County of Clarke, and to provide for the appointment of a Judge and Solicitor thereof, approved September 9, 1879, and to amend all the various Acts amendatory thereof, so as to provide that the Judge and the Solicitor of said Court, being now the City Court of Athens, shall be elected by the popular vote of the qualified voters of said County; 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 the Act establishing the City Court in the County of Clarke, approved December 9, 1879, and all the Acts amendatory thereof, be further amended by providing that the Judge and the Solicitor of said Court, now the City Court of Athens, be elected by the popular vote of the qualified voters of said County. Judge and solicitor elected. Section 2. That on June 6, 1939 at the JUNE GENERAL ELECTION, as fixed by the Act of the Legislature approved February 24, 1937, Georgia Laws 1937, page 712 et. seq., Or at a special election on said date to be called by the Ordinary of Clarke County, if for any reason a June General Election is not held. There shall be elected a Judge and Solicitor for said court by the qualified voters of said County, and the Judge and Solicitor so elected shall be elected for a term of four years to begin September 12, 1939., and their successors shall be elected at the regular General Election at which the other officers of Clarke County are elected. Elections. Section 3. That the present incumbents in office as Judge and as Solicitor of said Court shall hold office until their present commissions expire, or until a vacancy otherwise occurs. Incumbents. Section 4. That in the event a vacancy occurs in either the office of Judge or Solicitor that the Ordinary of said County shall call a special election within thirty days from the time such vacancy occurs to fill the office for the unexpired term. Vacancies. Section 5. The Judge and Solicitor of said Court shall be commissioned by the Governor for their respective terms. Commission. 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 8, 1939.

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ATLANTA MUNICIPAL COURTNAME CHANGED. No. 76. An Act to amend an Act entitled Atlanta, Municipal Court; Acts amended which said Act was approved July 31, 1925 and appears in the Acts of 1925 page 370 et sequentia and all amendments thereto and to amend an Act entitled Atlanta, City of, Municipal Court established, which said Act was approved August 20, 1913 and appears in the Acts of 1913, page 145 et sequentia and all amendments to each of said Acts hereby amended and specifically to amend Section 1 of the Act of 1925 aforesaid and all amendments to said Section 1 and to amend Section 10 of the Act of 1925 and all amendments to said Section 10 and specifically to amend Section 4 of the Act of 1913 aforesaid and all amendments thereto as follows: By striking from Section 1 of the Act of 1925 aforesaid in the seventh line thereof the words Municipal Court of Atlanta and substituting therefor the words Civil Court of Fulton and DeKalb Counties consisting of two sections the respective names of said sections hereinafter designated in this Act; to amend Section 10 of the said Act of 1925 aforesaid and all amendments to said Section 10 by striking therefrom the words Fulton Section of the Municipal Court of Atlanta wherever they appear in said Act or amendments thereto and specifically in Section 10 thereof and substituting in lieu thereof the words Civil Court of Fulton County; to amend Section 4 of the Act of 1913 aforesaid by striking from said Section 4 the words DeKalb Section of the Municipal Court of Atlanta and substituting therefor Civil Court of DeKalb County; it being the intent and purpose of this Act to change the name of the Municipal Court of Atlanta and to substitute therefor the name Civil Court of Fulton and DeKalb Counties wherever the same appears in the Acts herein

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mentioned and all amendments thereto or other Acts of the Legislature in reference to said court or sections thereof; to change the name of the Fulton Section of the Municipal Court of Atlanta provided for in Section 10 of the Act of 1925 aforesaid from Fulton Section of the Municipal Court of Atlanta wherever the same appears to Civil Court of Fulton County; to change the name of the DeKalb Section of the Municipal Court of Atlanta provided for in Section 4 of the Act of 1913 aforesaid from DeKalb Section of the Municipal Court of Atlanta wherever the same appears to Civil Court of DeKalb County; to designate the full legal title and name to be used in all proceedings and documents in the two sections of said Court; to provide for the restoration of the original Act creating the Court or the amendments thereto in the event this Act or any part thereof is declared unconstitutional; to provide that this Act become effective April 1, 1939; to provide that there shall be no change in the jurisdiction, practice or procedure in said court or in either section 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 1 of the Act approved July 31, 1925 (Acts of 1925 page 370 et sequentia) entitled Atlanta, Municipal Court; Acts amended be and the same is hereby amended by striking from said Section 1 of the Act aforesaid in the seventh line thereof the words Municipal Court of Atlanta and substituting in lieu thereof the words Civil Court of Fulton and DeKalb Counties consisting of two sections the respective names of said Sections hereinafter designated in this Act, it being the intent and purpose of Section 1 hereof to change the name of Municipal Court of Atlanta and to substitute therefor the name Civil Court of Fulton and DeKalb Counties wherever the same appears in the Act herein mentioned and any and all amendments thereto or any other Acts of the Legislature in reference to said Court or Sections thereof. Act of 1925 amended. Civil Court of Fulton and DeKalb counties.

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Section 2. Be it further enacted by the Authority aforesaid and it is hereby enacted by the Authority of the same that Section 10 of the Act approved July 31, 1925 (Acts of 1925 page 370 et sequentia) entitled Atlanta Municipal Court Acts amended be and the same is hereby amended by striking from said Section 10 of the Act afore said in the fourth and fifth lines thereof the words Fulton Section of the Municipal Court of Atlanta wherever they appear in said Act or amendments thereto and specifically in Section 10 thereof and substituting in lieu therefor the words Civil Court of Fulton County it being the intent and purpose of this Act to change the name of the Fulton Section of the Municipal Court of Atlanta and to substitute therefor the name Civil Court of Fulton County wherever the same appears in the Act herein mentioned, in any and all amendments to said Act or any and all other Acts of the Legislature in reference to the Fulton Section of said Court. Civil Court of Fulton County. Section 3. Be it further enacted by the Authority aforesaid and it is hereby enacted by the Authority of the same that Section 4 of the Act approved August 20, 1913 (Acts of 1913 page 145 et sequentia) entitled Atlanta, City of, Municipal Court established be and the same is hereby amended by striking from said Section 4 of the Act aforesaid in the fourth line thereof the words DeKalb Section of the Municipal Court of Atlanta wherever they appear in said Act or amendments thereto and specifically in Section 4 thereof and substituting in lieu therefor the words Civil Court of DeKalb County it being the intent and purpose of this Act to change the name of the DeKalb Section of the Municipal Court of Atlanta and to substitute therefor the name Civil Court of DeKalb County wherever the same appears in the Act herein mentioned, in any and all amendments to said Act or any and all other Acts of the Legislature in reference to the DeKalb Section of said court. Civil Court of DeKalb County.

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Section 4. Be it further enacted by the Authority aforesaid and it is hereby enacted by the Authority of the same that nothing in this Act shall be construed to change or alter or modify the powers and authorities, the jurisdiction, practice or procedure in said court and in each Section thereof as established in said original Acts and all Acts amendatory thereof, the sole purpose of this Act being to change the name of the Municipal Court of Atlanta, the Fulton Section of the Municipal Court of Atlanta and the DeKalb Section of the Municipal Court of Atlanta as in this Act provided. Powers, jurisdiction, and practice unchanged. Section 5. Be it further enacted by the Authority aforesaid that all proceedings, petitions, processes, summons, subpoenas, executions, attachments, garnishments and any and all other actions, documents and proceedings in the Section of said Court heretofore known as Fulton Section of the Municipal Court of Atlanta or Municipal Court of Atlanta, Fulton Section shall hereafter designate said Court and the Fulton Section thereof by the name Civil Court of Fulton County and the aforesaid name and designation shall be construed to constitute the full legal title and name of said Court. New name to be used in all proceedings. Section 6. Be it further enacted by the Authority aforesaid that all proceedings, petitions, processes, summons, subpoenas, executions, attachments, garnishments and any and all other actions, documents and proceedings in the Section of said Court heretofore known as DeKalb Section of the Municipal Court of Atlanta or Municipal Court of Atlanta, DeKalb Section shall hereafter designate said Court and the DeKalb Section thereof by the name Civil Court of DeKalb County and the aforesaid name and designation shall be construed to constitute the full legal title and name of said Court. Section 7. Be it further enacted by the Authority aforesaid that should this Act or any part thereof be declared unconstitutional then such Act or part thereof declared

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unconstitutional is repealed and that part of the original Act or the Acts amendatory thereof which was amended by such unconstitutional Act, paragraph, article, section or part is restored to its original force and effect, to all intents and purposes as if no attempt to amend same had been made. Section 8. Be it further enacted by the Authority aforesaid that this Act shall be effective April 1, 1939. Effective date. Section 9. Be it further enacted that all laws and parts of laws in conflict with this Act which changes the name of the Municipal Court of Atlanta and the name of the Fulton Section of the Municipal Court of Atlanta and the name of the DeKalb Section of the Municipal Court of Atlanta, be and the same are hereby repealed. Approved February 23, 1939. CAIRO CITY COURTAMENDMENTS. No. 32. An Act to amend an Act entitled an Act to establish the City Court of Cairo in and for the County of Grady and for other purposes, approved August 8, 1906, and all Acts amendatory thereof, including the Act approved February 10, 1937, so as to fix the salary of the Judge of said court, to provide that said fixed salary may be supplemented to a stated extent by the Board of Commissioners of Roads Revenues of said County, to authorize the levy of a special and extra tax to pay the salary of said judge, to amend Section 40 of said Act so as to provide that Grady County shall not be required or authorized to pay the officers of said court the twenty dollars for each prisoner convicted in said court so long as said county does not use or employ prisoners or convicts on the public works of said county, and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That all of Section 5 of the Act creating the City Court of Cairo, approved August 8, 1906, as amended, and all amendments thereto, including the Act approved February 10, 1937, be and the same are hereby stricken and repealed, and there is hereby inserted in said Act approved August 8, 1906, as amended, in the place and in lieu of Section 5 thereof, the following three sections, to be separate and independent of each other, and to be known and designated as Section 5 (a) Section 5 (b), and Section 5 (c), to wit: Section 5 (a). The salary of the Judge of the City Court of Cairo is hereby fixed at $1500.00 per annum. Salary of Judge. Section 5 (b). The Board of Commissioners of Roads Revenues of Grady County, Georgia, are hereby vested with the power and discretion, from time to time, to supplement the salary of the Judge of the City Court of Cairo over and above the statutory salary fixed in Section 5 (a) hereof up to a maximum salary of not exceeding $2400.00 per annum. Additional salary. Section 5 (c). The Board of Commissioners of Roads and Revenues of said county are hereby authorized to levy and have collected a special and extra tax over and above all taxes now or hereafter authorized by law for the purpose of paying the salary of the Judge of the City Court of Cairo as the same may be fixed from time to time, and said salary shall be paid by said Board to the Judge of said Court in equal monthly installments. Tax. Section 2. Be it further enacted by the authority aforesaid that Section 40, of the said Act approved August 8, 1906, as amended and re-enacted by the Act approved March 2, 1935, be and the same is hereby amended by adding to said Section 40, at the end thereof the following words and language, towit:

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Provided, however, that said commissioners shall not be required or authorized to pay said Twenty Dollars to the officers of court or said solicitor if and so long as said county does not use or employ prisoners or convicts on the public works of said county, and in such event the misdemeanor convicts of said county shall be used and disposed of as otherwise permitted or provided by law, and the costs of said officers in such cases shall be satisfied in the manner provided by law. Officers' costs. 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 10, 1939. COLQUITT CITY COURTJUDGE'S AND SOLICITOR'S SALARY. No. 416. An Act to amend An Act creating the City Court of Colquitt County, as same appears in the Acts of 1931, page 293, et seq.; to provide the method of fixing the salaries of the Judge and Solicitor of said Court; to repeal An Act approved March 8, 1937, Georgia Laws 1937, page 1183; 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 1931, Georgia Laws 1931, page 293 et seq., be and the same is hereby amended by striking in Section 10 the following words: The Judge of said City Court shall receive a salary of twenty-four hundred ($2,400.00) dollars annually and substituting in lieu thereof the following: The governing authorities of Colquitt County shall fix the salary of the Judge of said Court not to exceed twenty-four hundred ($2,400.00)

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dollars per annum and at a figure not less than twenty-one hundred ($2,100.00) dollars per annum. Salary of judge. Section 2. Be it further enacted that Section 14 of said Act be and the same is hereby amended by striking therefrom the words and in lieu thereof he shall receive the sum of one hundred ($100.00) dollars per month and substitute in lieu thereof the words and in lieu thereof he shall be paid a salary by the governing authorities of said County not to exceed eighteen hundred. ($1,800.00) dollars per annum and not less than twelve hundred ($1,200.00) dollars per annum. Solicitor's salary. Section 3. That an Act approved March 8, 1937, Georgia Laws, 1937, page 1183, fixing the salary of the Solicitor of said City Court be and the same is hereby repealed. Section 4. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 24, 1939. COLUMBUS CITY COURT SALARIES. No. 87. An Act to change and fix the salaries of the Judge and Solicitor of the City Court of Columbus, and provide payment of same, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, the salary of the Judge of the City Court of Columbus shall be the sum of Four Thousand Dollars per annum; the salary of the Solicitor of the City Court of Columbus shall be the sum of Three Thousand Three Hundred Dollars per annum. Said salaries shall be paid monthly. Salary of judge and solicitor.

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Section 2. Be it further enacted that the salaries aforesaid shall be paid to said officers in lieu of the salaries now paid said officer, and shall be paid from the same source, upon the same terms, and at the same time as now provided by law. Section 3. Be it further enacted that all laws, and parts of laws in conflict with this Act, be, and the same are hereby repealed. Approved February 25, 1939. DOUGLAS CITY COURTREFERENDUM TO ABOLISH. No. 326. An Act to repeal an Act approved August 19, 1919, (Acts of 1919, 464-479) entitled An Act to establish the City court of Douglas, in the City of Douglas, in Coffee County, Georgia; to define its jurisdiction and powers; to provide for the appointment and election of a judge and other officers thereof, and to define their powers and duties; to provide for the granting of new trials and writs of error therefrom, and for other purposes.; to provide for the transfer of all pending cases and motions; to provide for a referendum; 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 an Act approved August 19, 1919, entitled An Act to establish the City Court of Douglas, in the City of Douglas, in Coffee County, Georgia, to define its jurisdiction and powers; to provide for the election of a judge and other officers thereof, and to define their powers and duties, to provide for the granting of new trials and writs of error therefrom, and for other

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purposes, be and the same is hereby repealed and the City Court of Douglas is hereby abolished, as of the date specified in Section 7 of said Act. Act of 1919 repealed. Section 2. Be it further enacted by the authority aforesaid, that all civil suits now pending in the City Court of Douglas, where the principal sum involved is one hundred dollars or more be and the same are hereby transferred to the Superior Court of Coffee County, Georgia, and all civil suits where the principal sum involved is less than one hundred dollars be and the same are hereby transferred to the Justice Court of Coffee County, Georgia, having jurisdiction of the defendant in said suit, and all judgments and executions rendered in and by said City Court of Douglas are hereby kept alive and of full force and vigor and that all such executions and all measures and final processes of the said City Court of Douglas which have not been executed shall be returnable to the Superior Court of Coffee County, and all claims, illegalities and other issues arising from the effect of such process and fi. fas., shall be returnable and determinable as though the same had issued from the Superior Court of Coffee County, Georgia. Pending civil cases. Section 3. Be it further enacted by the authority aforesaid, that all criminal cases found on accusation pending therein shall be turned over to the Solicitor-General of the Waycross Judicial Circuit (the Superior Court of Coffee County being one of the courts of said Circuit), and by him properly brought before the grand jury of Coffee Superior Court, that bills of indictments may be preferred in said cases and until the said grand jury meets and indictments are preferred, the bonds of all defendants are hereby made good and binding until said cases are passed upon by the grand jury aforesaid. Pending criminal cases. Section 4. Be it further enacted by the authority aforesaid, that all motions for new trials pending in the City Court of Douglas shall be heard and determined by

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the judge of the Superior Court of the Waycross Judicial Circuit and when judgment is rendered in the Court of Appeals of Georgia, in any case pending therein from the City Court of Douglas the Clerk of said Court shall transmit the remittitur in such case to the clerk of the Superior Court of Coffee County, where it shall be made the judgment of said court as having jurisdiction therein. Motions, etc. Section 5. Be it further enacted by the authority aforesaid, that all documents, minutes, records, books and papers pertaining to the business of the City Court of Douglas shall be turned over to the clerk of the Superior Court of Coffee County, Georgia, to be preserved by him as part of the records of said court. Transfer of all records. Section 6. Be it further enacted by the authority aforesaid, that all suits brought in the City Court of Douglas, Coffee County, Georgia, and pending therein, where service has been regularly perfected, when the same would be ready for disposition at the next term of the City Court of Douglas, be and the same are hereby declared for trial at the next term of the Superior Court of Coffee County, Georgia held after December 31st, 1940, as well as all other cases pending in said City Court of which the Superior Court has jurisdiction. Next term. Section 7. Be it further enacted by the authority aforesaid, that this Act shall take effect only in the event of its approval by a majority of the voters of Coffee County, who are qualified to vote at the last general election for members of the General Assembly, who shall vote at an election to be called for the purpose of ratifying or rejecting this Act. The ordinary of Coffee County shall call an election, to be held during the Month of April 1940, for the purpose of ratifying or rejecting this Act. At said election those favoring the approval and adoption of this Act shall have their ballots marked for repeal of the Act creating and establishing the City Court of Douglas, in the City of Douglas, in Coffee County, Georgia.

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and those voting against the adoption of this Act and for the rejection thereof shall have their ballots marked against repeal of the Act creating and establishing the City Court of Douglas, in the City of Douglas, in Coffee County, Georgia. If a majority of the qualified voters voting in said election vote for repeal of the Act creating and establishing the Court of Douglas, in the City of Douglas, in Coffee County, Georgia this Act shall be of full force and effect and said court will become abolished and cease to exist on December 31st, 1940; otherwise this Act shall be void and of no effect. Referendum. Section 8. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1939. DUBLIN CITY COURT CLERK'S OFFICE ABOLISHED. No. 38. An Act to amend an Act creating the City Court of Dublin, and all amendatory Acts thereof, and especially the Acts of Georgia Laws of 1904, page 140, an Act of 1900, page 117, an Act of 1917, page 239, and also an Act of 1920, page 325 pertaining to the Clerk, of said City Court of Dublin; so as to provide that the office of Clerk of the City Court of Dublin shall be abolished; and provide instead that the Clerk of the Superior Court of Laurens County shall be ex officio Clerk of the City Court of Dublin, and for other purposes: Section 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 Acts of 1904, 1900, 1917, and 1920, and all amendatory Acts thereof, be amended by including therein the following provisions: Acts of 1900, 1904, 1917, and 1920 amended.

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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 on and after the 31st day of December, 1940, after the passage of this Act that an Act known as Act amending an Act creating the City Court of Dublin and found on page 140 of Georgia Laws of 1904, and especially Section 3 of said Act pertaining to the Clerk of said City Court of Dublin; and also Act of 1900 found on page 117 and especially Section 15 of said Act; and also Act of 1920, page 325, and especially Section 2 of said Act, be and the same is hereby amended by repealing that part of all of said Acts pertaining to the Clerk of said City Court of Dublin by including therein and thereby abolishing the Clerk of the City Court of Dublin and providing instead that the Clerk of Laurens County Superior Court shall be Ex Officio Clerk of the City Court of Dublin. Clerk of city court abolished. Section 3. Be it further enacted by the authority aforesaid that from and after the 31st day of December, 1940, the office of Clerk of the City Court of Dublin be and the same is hereby abolished, and that the Clerk of the Superior Court in and for Laurens County shall be Ex Officio Clerk of the City Court of Dublin and thereafter the Clerk of the Superior Court of Laurens County shall be Ex Officio Clerk of the City Court of Dublin. And whenever, under the original Act creating the City Court of Dublin and all Acts amendatory thereof, any duty is imposed upon the Clerk of the City Court of Dublin the same shall hereafter be imposed on the Clerk of the Superior Court of Laurens County, and all things required to be done by the Clerk of the City Court of Dublin heretofore, shall hereafter be done by the Clerk of the Superior Court of Laurens County; he to be subject to all of the duties, liabilities, costs and fees provided for the Clerk of said City Court of Dublin in the original Act creating said City Court, and all amendatory Acts thereof. That upon and after the 31st day of December, 1940, the Clerk of the Superior Court of Laurens County shall take charge of the said office of the

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Clerk of the City Court of Dublin and thereby perform the duties and functions of said office as contemplated by the original Act creating the said City Court of Dublin, without any salary. Clerk of Superior court to assume duties. Section 4. Be it further enacted that all laws and parts of laws in conflict of this Act be and they are hereby repealed. Approved February 10, 1939. DUBLIN CITY COURTDISQUALIFICATION OF JUDGE. No. 127. An Act to amend an Act creating the City Court of Dublin, Laurens County; Georgia Laws 1900, approved December 6, 1900; and amendatory Acts thereof; so as to provide that the Judge of the Superior Court of the Dublin Judicial Circuit, can preside in the City Court of Dublin in all cases, when the Judge of the City Court is disqualified from sickness or otherwise. 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 Dublin, Laurens County; Georgia Laws 1900, approved Dec. 6, 1900, and amendatory acts thereof, be and the same is hereby amended by adding a new paragraph or section as follows: Section 1. That from and after the passage of this Act, the Judge of the Superior Court of the Dublin Judicial Circuit, may preside in the City Court of Dublin in all cases, when the Judge of the City Court is disqualified from sickness or otherwise. Superior court judge may preside. Section 2. That all laws or parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1939.

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ECHOLS COUNTY COURTSPECIAL ELECTION FOR JUDGE. No. 7. An Act to amend an Act providing for the election of Judge of the County Court of Echols County, Georgia, by vote of the people, and providing for his term of office and fixing his salary, and for other purposes, approved August 17, 1911 (Georgia Laws, 1911, page 381), by providing the manner of filling the vacancies in the office of Judge of the County Court of Echols 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 from and after the passage of this Act, any vacancies in the office of Judge of the County Court of Echols County which exist or may hereafter exist shall be filled by a special election to be called, held and conducted in the same manner that an election is held to fill a vacancy in the office of Clerk of the Superior Court, as set forth in Sections 24-2704, 24-705 and 24-2706 of the Code of 1933. All of the provisions for holding a special election as set forth in said Code Sections shall apply to and govern the filling of vacancies in the office of Judge of the County Court of Echols County. Vacancies filled by special election. Section 2. Be it further enacted that all laws and parts of laws in conflict with this Act be and they are hereby repealed. Approved February 3, 1939. ELLAVILLE CITY COURTREFERENDUM TO ABOLISH. No. 43. An Act to abolish the City Court of Ellaville, Schley County, Georgia; to transfer all cases pending therein

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to the Superior Court in said County; to provide a referendum election on this Act; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That the Act creating the City Court of Ellaville in Schley County, Georgia, appearing in Georgia Laws 1906, pages 233 to 244, both inclusive, be and the same is hereby repealed in its entirety, and the City Court of Ellaville is hereby abolished. Act of 1906 repealed. City Court abolished. 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 Schley County, Georgia, and the Clerk of said City Court of Ellaville will cause the same to be entered by the Clerk of the Superior Court of Schley County, Georgia, on the records of said Superior Court accordingly. Transfer of matters pending. Section 3. Be it further enacted that this Act shall not become effective until the same shall have been approved by a majority of the qualified voters of Schley County voting in the general election held in November, 1940. All persons voting at said election in Schley County shall have written or printed on their ballots the words For abolishing the City Court of Ellaville and Against abolishing the City Court of Ellaville. Should a majority of those voting in said election vote For abolishing the City Court of Ellaville, then this Act shall become of full force and effect as soon as such result shall have been declared by the Ordinary of the County; should a majority of those voting in said election vote Against abolishing the City Court of Ellaville, then this Act shall be null and void and remain inoperative. It shall be the duty of said Ordinary to declare the result of said election

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within five days from the date of the holding of said election. Referendum. Section 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 10, 1939. FORT GAINES CITY COURT ABOLISHED. No. 157. An Act to repeal an Act establishing the City Court of Ft. Gaines and all Acts amendatory thereof, and to provide for the disposition of business now in said court; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that an Act entitled An Act to establish the City Court of Fort Gaines approved August 22, 1907 and Acts amendatory thereof, be and the same are hereby repealed; and said city court abolished, effective June first 1939. Act of 1907 repealed. City court abolished. Section 2. Be it further enacted by the authority aforesaid, that all business pending in the City Court of Fort Gaines shall be and the same is hereby transferred to the Superior Court of Clay County, to be disposed of as other business therein, and cases so transferred to stand for trial at the next regular term of said Superior Court after this Act becomes effective. Transfer of matters pending. Section 3. Be it further enacted by the authority aforesaid that mesne and final processes from the City Court of Fort Gaines shall be returned to the Superior Court of Clay County and all claims, illegalities, and other issues arising from the execution of such process shall be returned to said Superior Court as other cases therein. Return of mesne and final processes.

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Section 4. Be it further enacted by the authority aforesaid that all mesne and final processes from the City Court of Fort Gaines shall be executed by the Sheriff of Clay County or his lawful deputies. Execution by sheriff. Section 5. Be it further enacted by the authority of aforesaid that all dockets, minutes records and papers of the City Court of Fort Gaines shall be turned over to the Clerk of the Superior Court of Clay County. Records. Section 6. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 8, 1939. FULTON COUNTY CRIMINAL COURTJUDGES AND SOLICITOR GENERAL. No. 55. An Act to amend an Act entitled An Act to establish the Criminal Court of Atlanta, and in pursuance thereof to amend an Act to establish the City Court of Atlanta, passed December 15, 1871, and Acts amendatory thereof, and for other purposes; approved September 6, 1891, and Acts amendatory thereof; by adding and providing for an additional judge of the Criminal Court of Fulton County, and to provide for his term of office, his salary, the payment thereof, his qualifications, powers, duties and jurisdiction, his method of appointment and election, and to amend said Act by providing a change in the term of office of the existing judge and said additional judge and the Solicitor General of said Court, and providing a method and manner of appointment of Solicitor General and Judges of said Court in event of a vacancy, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act creating and establishing the

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Criminal Court of Atlanta and in pursuance thereof amend an Act to establish the City Court of Atlanta passed December 15, 1871, and Acts amendatory thereof, and for other purposes, approved September 6, 1891, and Acts amendatory thereof, be and the same are hereby amended by adding and providing for an additional judge of the Criminal Court of Fulton County, and an additional judge is hereby provided, and such additional judge shall be appointed by his Excellency the Governor for a term of office commencing on the date of his qualification under said appointment and continuing until the first day of January, 1941, and until his successor shall have been duly elected and qualified in the manner now provided by law for the election of the present judge of the Criminal Court of Fulton County. Additional judge. Appointment. Section 2. Be it further enacted by the authority aforesaid that the successor to said additional judge of the Criminal Court of Fulton County herein provided for shall be elected in the manner now provided by law for the election of the present or existing judge of the Criminal Court of Fulton County at the general election to be held on the first Tuesday following the first Monday in November, 1940, for a term of six years, beginning on the first day of January, 1941, and until his successor shall have been elected and qualified, and all future elections for such judge shall be for a term of six years and shall be held and conducted as is now or may hereafter be provided by law for the judge of said Criminal Court of Fulton County. Future elections. Term. Section 3. Be it further enacted by the authority aforesaid that the qualifications of said additional judge shall be the same as are now provided for by law for the present or existing judge of said Criminal Court of Fulton County, and his compensation shall be the same as that of the present or existing judge of said Criminal Court of Fulton County, and said salary shall be paid to said judge out of the treasury of Fulton County in the same manner as the salary of the present or existing judge of said court is now paid. Qualifications and salary.

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Section 4. Be it further enacted by the authority aforesaid that said additional judge of said Criminal Court of Fulton County shall have the same powers, jurisdiction, duties and dignity as are now provided in said Act as amended for the present judge of said Criminal Court of Fulton County. Powers and duties. Section 5. Be it further enacted by the authority aforesaid that said Act creating and establishing the Criminal Court of Atlanta and in pursuance thereof to amend an Act to establish the City Court of Atlanta, passed December 15, 1871, and Acts amendatory thereof, and for other purposes, approved September 6, 1891, be further amended by striking from said Act the provision for a four year term for the judge and Solicitor General of said court and substituting in lieu thereof the words six year term, so that the terms of office of the present and additional judge and the Solicitor General of said court shall be six years instead of four years, as provided in said Act. Said six year terms shall apply to the next terms to which said officers are elected. Term of solicitor. Section 6. Be it further enacted by the authority aforesaid that in the event of a vacancy arising in the office of judge or Solicitor General by death, resignation, or otherwise, the Governor shall appoint a successor to such office to fill the unexpired term thereof, and until a duly qualified successor shall be elected. Vacancies. Section 7. Be it further enacted by the authority aforesaid that the provisions of this amendment to said Act shall become effective immediately upon its approval by the Governor. Effective on approval. Section 8. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 17, 1939.

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GREENVILLE CITY COURT ESTABLISHED. No. 280. An Act to establish the City Court of Greenville, in and for the County of Meriwether, to define its jurisdiction and powers, to provide for the selection of the judge, solicitor and other officers and to define their powers and duties, to fix the term of such officers and provide for the election of a judge and solicitor, and the appointment of other officers thereof, to fix the compensation of the judge and solicitor and other officers thereof, to provide for pleading and practice and new trials therein, and writs of error therefrom, to fix the terms thereof, to provide for jurors therefor, to regulate the cost in certain cases, to provide for judgments at the appearance term, 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 Greenville, to be located in the city of Greenville, in the county of Meriwether, is hereby established and created with civil and criminal jurisdiction over the whole county of Meriwether, concurrent with the Superior Court to try and dispose of all civil cases of whatever nature wherein the amount claimed or involved, inclusive of interest, is as much as fifty dollars, except those of which the Constitution of this State has given the Superior Court exclusive jurisdiction, and with criminal jurisdiction to try and dispose of all criminal cases of all offenses below the grade of felony committed in the county of Meriwether; that the jurisdiction herein conferred shall include not only the ordinary suits by petition and process, but also all other kinds of suits and proceedings which now or hereafter may be used in the Superior Courts, either under the common law or statute, including, among others, attachments, garnishment proceedings, illegalities, couter affidavits to any proceeding from said court, statutory awards,

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proceedings against intruders and tenants holding over, partitions of personality, issues upon distress warrants, foreclosure of all liens and mortgages and quo warrantos. City Court established. Jurisdiction. Section 2. Be it further enacted by the authority aforesaid, That there shall be a judge of said City Court, who shall be elected by the qualified voters of said county of Meriwether, who shall hold his office for a term of four years, and if there should be a vacancy in the office of judge, the Governor shall, by appointment, fill the same until the next general election, when the judge shall be elected to fill the unexpired term, which election shall be held under the same rules as govern other elections, provided, that if said vacancy occurs within thirty days of the next general election, then the appointment of the Governor shall continue for the remainder of the unexpired term. The judge of said City Court shall receive a salary of Twelve Hundred ($1200.00) per annum, which shall neither be diminished nor increased during his continuance, except to apply to a subsequent term in office, and which shall be paid monthly by the treasurer of the county of Meriwether, and it shall be the duty of the Commissioners of Roads and Revenues of said county, or other proper officers, to make provision annually in levying taxes for this purpose. The judge shall receive no other compensation, but may practice law in any court except his own. The first election for said judge shall be held on the First Wednesday in November, 1940. Judge. Term. Vacancy. Salary. Section 3. Be it further enacted by the authority aforesaid, That no one shall be eligible to the office of said judgeship unless he be, at the time of his qualification, at least twenty-five years of age, a resident of Meriwether County for four years immediately preceding the appointment or election, and must have practiced law four years. He shall, before entering upon his duties of his office, take and subscribe the following oath: I solemnly swear that I will administer justice without respect to persons

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and do equal right 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 Greenville, 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. Qualifications of judge. Oath. Section 4. Be it further enacted by the authority aforesaid, That there shall be a solicitor of said City Court, who shall be elected at the same time and in the same manner as the judge of said City Court, whose term of office shall be for four years, and whose duties it shall be to prosecute for all offenses cognizable before said City Court. All vacancies in said office shall be filled in the same manner as prescribed in this Act for filling vacancies in the office of the judge. Said solicitor shall receive a salary of nine hundred dollars ($900.00) per annum, which shall neither be diminished or increased during his continuance, except to apply to a subsequent term in office, and which shall be paid monthly by the treasurer of the county of Meriwether and it shall be the duty of the Commissioners of Roads and Revenues of said county, or other proper officers, to make provision annually in levying taxes for this purpose. The solicitor shall receive no other compensation for his services, except the said solicitor for 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 Courts is paid for like services rendered in the Supreme Court or Court of Appeals. Said solicitor may engage in the practice of law in any civil case in said City Court and may engage in the general practice of law in all other courts of the State or United States. Solicitor. Term. Vacancy. Salary. Section 5. Be it further enacted by the authority aforesaid, That upon the passage and approval of this

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Act by the Governor, the Governor shall immediately appoint a judge and solicitor for said court who shall hold office until January 1, 1941, and until his successor is elected and qualified. Appointment. Section 6. Be it further enacted by the authority aforesaid, That the clerk and his deputies of the Superior Court of Meriwether 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 the duties thereof, which oath shall be entered on the book of minutes of said City Court. He shall also, before entering on the duties of his office, execute a bond with good security in the sum of One Thousand ($1000.00) Dollars for the faithful discharge of the duties of his office. Clerk of Superior Court to be ex officio clerk of City Court. Section 7. Be it further enacted by the authority aforesaid, That the sheriff of Meriwether County shall be ex officio sheriff of said City Court of Greenville, and in his official connection with said court shall be known as the sheriff of the City Court of Greenville. Before entering upon the discharge of the duties of his office, said sheriff shall execute a bond with good security in the sum of Two Thousand ($2000.00) Dollars for the faithful discharge of the duties of his office. He shall have the same authority to appoint a deputy or deputies as provided in the Code for appointment of deputy sheriffs. Ex officio sheriff. Section 8. Be it further enacted by 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 Greenville, and to the office of Sheriff of the City Court of Greenville, respectively, and that the judge of said City Court of Greenville is empowered to enforce the same authority over the said clerk and sheriff and their deputies as is exercised by the judge of the Superior

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Court over the clerks of the Superior Courts and sheriffs of the counties of Georgia. Duties and liabilities of clerk and sheriff. Authority of judge. Section 9. Be it further enacted by the authority aforesaid, That the Clerk and sheriff of said City Court shall, 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, except they shall receive no per diem; they shall be amenable to the same processes and penalties as they are 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. Compensation of clerk and sheriff. Section 10. Be it further enacted by the authority aforesaid, That the cost in all civil cases in said court when the amount involved is One Hundred ($100.00) or less, shall be Seven ($7.00) dollars and shall be divided Two and one-half ($2.50) dollars to the sheriff and Four and one-half ($4.50) to the clerk. Costs. Section 11. Be it further enacted by the authority aforesaid, That 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 12. Be it further enacted by the authority aforesaid, That said City Court of Greenville shall have quarterly terms, which shall be held on the Third Monday in January, Third Monday in April, Third Monday in July and Third Monday in October, and such terms shall remain open for the transaction of all business until the next succeeding term, and shall at all times be open for the purpose of receiving pleas of guilty in criminal cases and passing sentence thereon. The terms of such court shall be held at the courthouse in the city of Greenville, in said county of Meriwether, for which, when necessary, juries shall be

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drawn as hereinafter directed, and shall last until the business is disposed of, unless for good cause the jury is sooner discharged. The judge of said City Court shall, in his discretion, hold jury trials at any time during any term of said court at the place of holding said court for the transaction of criminal or civil business, same to be in addition to the jury trials held on said third Mondays and in the nature of adjourned terms, for which said judge may, in his discretion, draw new juries or cause the same jury drawn for said third Mondays to attend. Said judge, may in his discretion, set cases for trial at convenient times and may proceed to hear and dispose of same after notice to parties interested. Terms. Section 13. Be it further enacted by the authority aforesaid, That suits in said City Court shall in all respects be conformable to the mode of proceedings in the Superior Court, except as hereinafter provided, 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 Greenville or his deputies thereof. Proceedings. Section 14. Be it further enacted by the authority aforesaid, That in all matters pertaining to service, pleadings and practice, the laws governing the Superior Courts, where not inconsistent with this Act, and unless otherwise specially provided by this Act, shall be applicable to said City Court. Service, pleadings, and practice. Section 15. Be it further enacted by the authority aforesaid, That the judge of said City Court shall have the power and authority to hear and determine without a jury all civil causes of which the said court has jurisdiction, and to give judgment and execution therein, and to hear and determine without a jury all criminal cases of which the said court has jurisdiction, and to pass sentence thereon: provided, always, that either party in any cause shall be entitled to a trial by jury in said court upon

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entering a demand therefor by himself or his attorney, in writing, on or before the call of the docket at the term to which the cause is returnable, in all cases where such party is entitled to a trial by jury under the Constitution and laws of this State, and provided further, that in criminal cases the defendant shall be represented by an attorney employed by the defendant or appointed by the court: Trials without jury. Jury trial. Section 16. Be it enacted by the authority aforesaid, That all judgments obtained in said court shall be a lien on all property of the defendant or defendants throughout the State in the manner as judgments of the Superior Courts are; but property exempt from levy and sale under laws of this State shall be exempt from levy and sale under process from said court, and all executions issuing from said court shall be 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 Greenville, and to all and singular the sheriffs or their deputies of the State of Georgia. Judgment liens. Section 17. 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. Claims to personal property. Section 18. Be it further enacted by the authority aforesaid, That claims to real property levied on under execution or other process from said City Court, shall be returned 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 to real property. Section 19. Be it further enacted by the authority aforesaid, That said court shall have jurisdiction of all criminal cases of misdemeanor grade arising in Meriwether

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county under the Public Safety Act of 1937 and made by members of the Georgia State Patrol. Misdemeanor cases arising under Public Safety Act. Section 20. Be it further enacted by the authority aforesaid, That all laws upon subjects of attachments and garnishments as to any manner whatever in Superior Courts of this State shall apply to said City Court as if named with the Superior Court, so far as the nature of the City Court will admit. Attachments in said Court, returnable to said court, shall be directed to the sheriff or his deputies of the City Court of Greenville, and to all and singular the sheriffs and constables of this Stafe, 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. Attachments and garnishments. Section 21. Be it further enacted by the authority aforesaid, That 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 Courts. Proceedings in attachment, garnishment, and distress warrants. Section 22. Be it further enacted by the authority aforesaid, That scire facias to make parties in any cause in said City Court shall be had as in the Superior Court, but such scire facias shall run throughout the State, and may be served by any sheriff or his deputy thereof. Scire facias. Section 23. Be it further enacted by the authority aforesaid, That the general laws of this State, with regard to the commencement of suits in the Superior Courts, defenses, set-offs, affidavits, or illegalities, arbitration, examination of parties to suits as witnesses by interrogatories, depositions, or under subpoenas, witnesses and their attendance, continuance or other matters of a judicial nature within the jurisdiction of said City Court shall be applicable to said City Court. General proceedings.

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Section 24. 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 the 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 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 justices of the peace of this State, and the judge of the 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 the City Court, so far as the same may be applicable, except as herein provided. Powers of judge. Section 25. Be it further enacted by the authority aforesaid, That said City Court of Greenville shall be a court of record and shall have a seal, and the minutes, records, order, 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 duties of the clerk and sheriff in said Superior Court shall apply to them in said City Court, except where they conflict with the provisions of this Act. Court of record. Section 26. Be it further enacted by the authority aforesaid, That all laws regulating the 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 sale be had thereunder, under the same rules and laws regulating the same in the Superior Court. Enforcement of judgments.

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Section 27. Be it further enacted by the authority aforesaid, That the judge of said City Court shall have the power to enforce his orders, to preserve order, punish for contempt, and to enforce all his judgments as is vested by law in the judge of the Superior Courts of this State. Judge's authority. Contempt, etc. Section 28. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk of said City Court of Greenville to prepare and file in his office a complete copy of the traverse jury list of the Superior Court of Meriwether County, as provided from time to time for such Superior Court. From said copy so made, traverse jurors in said City Court of Greenville shall be drawn in the following manner: The clerk of said City Court of Greenville shall write upon separate tickets the names of each traverse juror, and shall number the same and place the same in a box to be prepared for that purpose, from which shall be drawn twenty four traverse 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 of Greenville. All exemptions from jury duty now in force in the county of Meriwether, shall apply and be of effect in the said City Court. Jurors. Section 29. Be it further enacted by the authority aforesaid, That all laws in reference to the qualifications, relations, impaneling, fining and challenging jurors, now of 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 of Greenville, except when inconsistent with the provisions of this Act. Laws relating to jurors. Section 30. Be it further enacted by the authority aforesaid, That the twenty four jurors drawn and summoned as above provided, shall be empaneled, and in all cases, civil or criminal, trial by a jury of twelve shall be had in said court when so demanded, but a trial by a

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jury of twelve may be waived, and in the event trial by a jury of twelve is demanded the jury shall be selected in the same manner, with the same number of strikes, as selected in the Superior Courts. In the event trial by a jury of twelve is waived the jury shall be selected as follows: Said twenty four jurors shall be empaneled into three panels of eight jurors each and in each case a panel of sixteen jurors shall be put on the parties and in civil cases each said shall have four strikes, and in criminal cases the defendant 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 demanding a trial by jury of twelve, in civil cases, each side shall be allowed two strikes from the remaining panel of sixteen, and in criminal cases the defendant shall be allowed three strikes and the state one strike from said panel, twelve shall thus constitute the jury, this provision to apply instead of the first provision of this section with the consent of the parties. The jurors thus drawn on the regular panel, and likewise the talesman which the judge of said court is hereby empowered to have drawn and summoned instanter at any term of said court, whenever necessary to complete a panel, shall each receive the same pay that jurors are paid in Meriwether Superior Court, same to be paid under the rules govening the payment of Superior Court Jurors. Selection of jury. Pay of jurors. Section 31. Be it further enacted by the authority aforesaid, That the Sheriff of said court and with the approval of the judge, is authorized to appoint at each term of said court not exceeding two bailiffs as officers of said court, who shall receive for their services the same pay as bailiffs in Meriwether Superior Court. Bailiffs. Section 32. Be it further enacted by the authority aforesaid, That all cases in said City Court of Greenville shall be tried by the judge without a jury, except when a jury is demanded by the parties, such demand in civil

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cases to be entered in writing at the appearance term and in criminal cases upon arraignment or the call of the case for trial. A plea to the accusation shall be a waiver of jury trial, 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 the case a felony against the accused, he shall thereupon suspend the trial and commit or bail over the defendant to the next Superior Court as in preliminary examinations Demand for jury in writing. Section 33. Be it further enacted by the authority aforesaid, That defendants in criminal cases in said City Court of Greenville shall be tried on written accusation setting forth plainly the offense charged, founded upon an affidavit of the prosecutor and signed by the solicitor of said City Court. All the proceedings after accusation 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 hereinafter provided. In all cases tried the accusation shall set forth the offense charged with the same particularity, both as to matter of form and substance, as is required by the laws and rules of criminal pleading to be observed in bills of indictment in the Superior Courts. Accusations. Section 34. Be it further enacted by the authority aforesaid, That the judge of the Superior Court shall send down from the Superior Court of Meriwether county to said City Court of Greenville for trial and final disposition all presentments and indictments for misdemeanors which may be undisposed of at the close of each term of the Superior Court, and the order of transmitting such cases shall be entered on the minutes of both courts, provided, that this section shall not apply to those presentments or indictments under which arrest have been made and the bond of defendant forfeited. Undisposed of misdemeanor cases from Superior Court. Section 35. Be it further enacted by the authority aforesaid, That it shall be the duty of all justices of the

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peace, notary publics of Meriwether County to bind over to said City Court of Greenville all persons charged with offenses committed within the limits of Meriwether County, over which said City Court has jurisdiction, there to answer for said offense. Commitment by justices of the peace. Section 36. Be it further enacted by the authority aforesaid, That a writ of error shall be from said City Court of Greenville to the Supreme Court of Georgia and to the Court of Appeals of Georgia, whichever court has jurisdiction, upon a bill of exceptions filed under the same rules and regulations as govern and control the issue of writs of error and filing of bills of exceptions in the Superior Courts of this State. Appeals to Supreme Court and Court of Appeals. Section 37. Be it further enacted by the authority aforesaid, That in all cases in said City Court of Greenville the same power and rights of parties as to waivers, pleadings of procedure or other matters pertaining to the same, shall be allowed and upheld by the laws and rules to parties in said Superior Courts. Waivers, etc. Section 38. Be it further enacted by the authority aforesaid, That the judge of said City Court of Greenville 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 pleading, practice and procedure governing motions, rules nisi, and other proceedings in new trials in the Superior Courts, shall apply and govern the same in the City Court of Greenville. All motions for new trials must be made and filed with the clerk of the City Court of Greenville within ten days from the date of the rendition of the verdict or judgment complained of. In other respects such motion shall be governed by the ordinary rules and laws governing motions for new trials in the Superior Courts. New trials.

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Section 39. Be it further enacted by the authority aforesaid, That all suits against joint obligors, joint promissors, copartners or joint trespassers, in which any one or more resides in the county of Meriwether, may be brought in said court, whether its jurisdiction has already stated under the same rules and regulations governing such cases in the Superior Courts, mutatis mutandis, as to copies, second originals, returns and other matters connected with the suit. Non-resident parties. Section 40. Be it further enacted by the authority aforesaid, That all rules of the Superior Court relating to continuance, motions, pleas, and practice shall be applicable to said City Court of Greenville and shall obtain therein. Continuance, etc. Section 41. Be it further enacted by the authority aforesaid, That the first term of said court to which a civil case is brought, shall be the appearance or return term; the second shall be the trial or judgment term, and all the laws, rules and practices in said court with reference to terms thereof and to the continuance, pleadings, and trials of causes therein shall be the same as in the Superior Court, unless otherwise provided in this Act. Appearance and trial terms. Section 42. Be it further enacted by the authority aforesaid, That all demurrers, pleas, and answers shall be filed on or before the second day of the term of the court to which the case is returnable, unless time is granted by the court, otherwise the case shall be in default, and on said second day of such term the judge shall call the appearance docket and shall note the filing of demurrers, pleas or answers, or if none, shall mark the same in default, and when so marked in default the plaintiff may take verdict and judgment thereon at such appearance term. Demurrers, pleas, and answers. Section 43. Be it further enacted by the authority aforesaid, That whenever the judge of said City Court of

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Greenville is, from any cause, disqualified from presiding, and the judge of the Superior Court cannot, from any cause preside in said court, as provided in the Constitution, then, upon 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. The judge may secure the services of any judge of any Constitutional City Court of the State to preside in such disqualified cases should he deem advisable to do so. Disqualification of judge. Section 44. Be it further enacted by the authority aforesaid, That in case of the absence of the judge of said City Court of Greenville 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 directions be given the court shall stand open and as provided for in Section 12 of this Act. Absence of judge. Section 45. Be it further enacted by the authority aforesaid, That all fines and forfeitures arising from cases tried in said City Court of Greenville shall be paid out by order of the judge of said City Court, as follows:.25 per cent to the clerk and sheriff of said City Court of Greenville, pro rata upon their insolvent cost bill and the remaining.75 per cent to be paid into the county treasury, provided, that nothing herein shall be construed to repeal the law relative to payments of insolvent cost bills of magistrates and constables as now prescribed by the Code for payment of such bills. Fines and forfeitures. Section 46. Be it further enacted by the authority aforesaid, That the judge of said court may appoint an official stenographer for said court who shall report such cases as the court may require. He shall receive the same fees as allowed for similar service in the Superior Court, and which shall be taxed and enforced as in the Superior Court. Court stenographer.

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Section 46 (a). Be it further enacted by the authority aforesaid that this Act shall take effect immediately upon passage and approval by the Governor and that it shall be the duty of the Democratic Executive Committee of Meriwether County to cause the issue as to whether or not said court shall remain in existence to be submitted to the voters of Meriwether County in the next regular Democratic Primary to be held in said county for the selection of sheriff, clerk of superior court and other county officers, and shall cause to be placed on each ballot the words `for city court' and `against city court' and should the voters at such Democratic Primary cast a majority vote for city court said court shall remain in existence and this Act shall remain in full force and effect until repealed by the General Assembly of Georgia, but should a majority of the voters vote against the city court, then this Act shall become inoperative and of no force or effect on and after January 1, 1941, and said court shall cease to exist on said date. Election to ratify Act. Section 46 (b). Be it further enacted by the authority aforesaid that no primary shall be called or held for the purpose of selecting the Judge or Solicitor of said court until the results of the election provided for in Section 46(a) shall have been determined by the voters in said election as to retention or rejection of said court. Selection of judge and solicitor after ratification. Section 47. Be it further enacted by the authority aforesaid, That the Commissioners of Roads and Revenues of the county of Meriwether, shall provide a suitable place in the courthouse in the said City of Greenville for the holding of said court, and provide the necessary books for keeping the dockets, minutes and records of said City Court of Greenville. Office space in courthouse. Section 48. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved March 24, 1939.

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MACON CITY COURTELECTION OF JUDGE. No. 99. An Act to amend An Act to establish the City Court of Macon, in and for the County of Bibb; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof; to define their powers and duties, and for other purposes, approved Aug. 14, 1885, and the Acts Amendatory thereof approved Sept. 21, 1887, Dec. 11, 1900, Aug. 16, 1915, July 24, 1920, Aug. 10, 1921, Aug. 21, 1925, Aug. 15, 1929, March 10, 1933, March 15, 1935, and all other Acts amendatory thereof, by providing for the election of the judge of said Court by the qualified voters of Bibb County; and by providing for the time and manner of such election; and by fixing the term of office of the judge so elected; and by providing for the filling of a vacancy for the unexpired term of a judge of said court; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Section IV of the Act creating the City Court of Macon, approved August 14, 1885, (p. 470-479), as amended by subsequent Acts, reading as follows: Act of 1885 amended. Sec. IV. Be it further enacted, That there shall be a Judge of said City Court of Macon, who shall be appointed by the Governor, by and with the advice and consent of the Senate, whose term of office shall be four years, and all vacancies in the office of Judge shall be filled by appointment of the Governor for the residue of the unexpired term, such appointment being subject to the approval of the Senate which may be then in session, or if the Senate be not in session at the time of such appointment, then subject to the approval of the Senate at its next session thereafter; the Judge of said City Court of Macon shall receive a salary of two thousand dollars per annum, which shall not be increased or diminished during his term of office,

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except to apply to a subsequent term, and shall be paid monthly out of the treasury of the County of Bibb by the person or persons charged by law with paying out of the moneys of Bibb County; Provided, the term of the Judge first appointed under this Act shall expire on January 1, 1887. be stricken and there is hereby enacted in lieu thereof the following: Section IV. Be it further enacted that there shall be a Judge of said City Court of Macon, who shall be elected by the qualified voters of Bibb County, at the general State election in the year 1942 and quadrennially thereafter and the returns shall be made and the result declared in the same manner as provided by law for elections of State House officers. Said judge shall hold office for four years and until his successor is elected and qualified and the term of office of the judge first elected shall begin Jan. 1, 1943. The Judge of said Court shall be commissioned by the Governor. All vacancies in the office of judge shall be filled by appointment of the Governor until the first day of January after the general election held next after the expiration of thirty days from the time such vacancy occurs, at which election a successor for the unexpired term shall be elected. Provided that nothing herein contained shall in any wise affect the term of office of the present incumbent. Election of judge. Term. Vacancies. Section 2. Be it further enacted by the authority aforesaid that Sec. V. of the Act creating the City Court of Macon approved August 14, 1885, as amended by subsequent Acts be amended by striking the word appointed wherever it appears in said section and substituting in lieu thereof the word elected; and by striking the word appointment wherever it appears in said section and substituting in lieu thereof the word election, so that said Section V as amended shall read as follows:

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Sec. V. Be it further enacted, that any person who shall be elected Judge of said City Court must at the time of said election be at least twenty-seven years of age; he must also have been a resident of Bibb county at least four years immediately preceding his election, and he must also have been a practicing attorney at law at least five years before his election, and he shall, before entering upon the discharge of the duties of his office, take and subscribe the following oath: I solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and the rich, and that I will faithfully and impartially discharge and perform all the duties which may be required of me as Judge of the City Court of Macon 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: and said oath shall immediately thereafter be forwarded to the Governor and filed in the Executive Department; said Judge shall not practice law; he shall have authority to issue criminal warrants, warrants to dispossess tenants holding over and intruders, to issue distress warrants and generally to do all acts which the Judges of the County Courts of this State are authorized to do, unless otherwise provided in this Act. Qualifications of judge. Oath. Authority. Section 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 1, 1939. MORGAN CITY COURTJURISDICTION. No. 41. An Act to amend an Act to create the City court of Morgan in and for the County of Calhoun; to define its powers, procedure, and practice; to provide for a judge, solicitor and other officers of said court; to provide compensation

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for said officers, and a place of holding said court, and for other purposes approved August 19, 1916 so as to give said city court jurisdiction over all civil matters arising in said County regardless of the amount involved where the Superior Court does not have exclusive jurisdiction. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same, that the Act creating the City court of Morgan approved August 19, 1916 be and the same is hereby amended by striking from Section 3 of this Act, the following language: And provided, further, that said city court shall not have civil jurisdiction outside of the Militia district of said County in which said court is situated, where the sum claimed shall not exceed fifty dollars. Act of 1916 amended. Section 2. And said Section when so amended shall read as follows, to wit: Section 3. Be it further enacted, That said city court shall have jurisdiction to try and dispose of all civil cases of whatever nature of which the Superior court of Calhoun County has jurisdiction except those cases over which exclusive jurisdiction is vested in the superior court by the Constitution and laws of this State, but in all suits brought in said city court for sums of less than one hundred dollars principal, only justice court costs shall be charged. And judgment may be had at the first term to which any civil case is brought where the principal amount claimed does not exceed one hundred dollars, and shall be heard by the judge of said court and judgment entered by him, unless either side shall demand a trial by jury in such cases. Said city court, however, shall have jurisdiction over the entire county without reference to the amount of damages claimed in trover suits and suits in tort. Said court shall not have power to issue suits of mandamus, prohibition, quo warranto, and foreclose mortgages on real estate. Jurisdiction, jury trials, etc.

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Section 4. Be it further enacted that all laws and parts of laws in conflict with this Act are hereby repealed. Approved February 10, 1939. PEMBROKE CITY COURTSOLICITOR, ETC. No. 148. An Act to amend 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 officers; approved January 10, 1938 (Georgia Laws Extra Session 1937-1938, pages 714, et seq.), by providing that the Solicitor of the City Court of Pembroke shall be a resident of Bryan County, and naming a Solicitor; by providing a salary for the Solicitor of said Court; by fixing compensation of officers; to provide for separate accounts of Court expenses and costs, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act of the General Assembly creating and establishing the City Court of Pembroke approved January 10, 1938 (Georgia Laws 1937-1938, pages 714, et seq.), be and the same is hereby amended by striking therefrom Sections 4 and 5 in their entirety and by substituting in lieu thereof new Sections 4 and 5 to read as follows: Act of 1937-1938 amended. Section 4. That the Solicitor of the City Court of Pembroke shall be a bona fide resident practicing attorney at Law of Bryan County, and Honorable J. P. Dukes is hereby named Solicitor of said City Court of Pembroke, from the date of approval of this Act until January 1, 1941. His successor shall be elected at the General Election held for the members of the General Assembly in the regular election in November, 1940, said successor to take office

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January 1, 1941. Should there be a vacancy in said office, the same is to be filled in the manner now prescribed by law for filling the vacancies of county officers. Solicitor named Successor. Vacancies. Section 5. The Solicitor of the City Court of Pembroke, Georgia, for his compensation shall receive a salary of Thirty-three Dollars. Thirty-three Cents ($33.33) per month in lieu of all fees. Salary. Section 2. That the said Act of the General Assembly creating and establishing the City Court of Pembroke, approved January 10, 1938, be and the same is hereby further amended by striking the word three in line 16 of Section 26 of the said Act and by substituting in lieu thereof the word six. Sheriff's pay for summoning jurors. Section 3. That the said Act of the General Assembly establishing the City Court of Pembroke be and the same is hereby further amended by striking from lines 30 and 31 of Section 28 the following words: shall each receive the sum of $2.00 per day and by substituting in lieu thereof the words: shall each receive the sum of $3.00 per day. Pay of jurors. Section 4. That the said Act of the General Assembly establishing the City Court of Pembroke be and the same is hereby further amended by striking the last phrase of Section 29 reading: who shall receive for their services not more than $2.00 per day and substituting in lieu thereof the language: who shall receive for their services the same per diem as paid bailiffs in the Superior Court of Bryan County. Bailiffs' compensation. Section 5. That the said Act of the General Assembly establishing the City Court of Pembroke be and the same is hereby further amended by adding thereto a new Section to read as follows: The Treasurer of Bryan County shall keep a separate account book, in which shall be entered all costs, fees, and

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income of the City Court of Pembroke, and shall also enter in the said book an itemized statement of all expenses, fees, etc., paid out of the City Court funds. County treasurer to keep accounts. Section 6. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 7, 1939. QUITMAN COUNTY COURTSOLICITOR'S OFFICE ABOLISHED. No. 153. An Act to repeal an Act creating the office of Solicitor for the County Court of Quitman County, Georgia, to prescribe the term of office, fees to be paid, and for other purposes, approved August 22, 1907, Georgia Laws 1907 page 252. Section 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 Solicitor of the County Court of Quitman County, Georgia, be, and the same is hereby abolished. Solicitor's office abolished Section 2. Be it further enacted by the authority aforesaid, that the Judge of said Court shall be empowered to appoint or designate any lawful practicing attorney of the State of Georgia to act as the Solicitor of said Court and to provide for his compensation for the prosecution of criminal cases in said Court upon such terms as may be agreed upon, said Solicitor so appointed or selected shall be paid out of the fund arising from fines and forfeitures in said Court. Appointment of attorneys as solicitor. Section 3. Be it further enacted, that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved March 8, 1939.

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SYLVANIA CITY COURTREFERENDUM TO ABOLISH. No. 80. An Act to provide for the repeal of an Act approved December 15, 1902, creating the City Court of Sylvania, as found in Georgia Laws of 1902 commencing on page 162 and ending on page 174, and as amended from time to time by several Acts as follows: An Act approved August 7, 1903, as found in Georgia Laws of 1903, commencing on page 167 and ending on page 169; an Act approved August 23, 1905, as found in Georgia Laws of 1905, commencing on page 366 and ending on page 368; an Act approved August 17, 1908, as found in Georgia Laws of 1908, commencing on page 241 and ending on page 243; an Act approved August 24, 1909, as found in Georgia Laws of 1909, commencing on page 322 and ending on page 329; an Act approved August 18, 1913 as found in Georgia Laws of 1913, commencing on page 291 and ending on page 308; an Act approved March 20, 1935, as found in Georgia Laws of 1935, beginning on page 554 and ending on page 557; to provide for the abolition of the office of judge of said court, the office of solicitor thereof; to provide for the transfer of all cases, motions and other litigations pending in said court to the Superior Court of Screven County, Georgia; and to provide the time when said court shall be abolished; and to provide for the payment of costs in cases transferred to Screven Superior Court; 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. Be it enacted by the authority aforesaid, that from and after this bill shall be signed and approved by the Governor the City Court of Sylvania shall be and the same is hereby abolished, and the office of Judge and Solicitor of said court be and is abolished on and after said

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date, and said court shall thereafter cease to exist; and that all cases, both civil and criminal, pending therein on said date, either from having been originally filed in said court or from having been transferred to said court from the Superior Court of Screven County or from any other court, shall be transferred to the docket of the superior Court of said county, and shall thereafter stand for trial in said court in the same manner as though said causes had originated therein, and all motions or other form of litigation whatever or bonds connected therewith then pending in said court shall likewise be transferred to the superior court of said county, and said court and the judge thereof is given full and complete jurisdiction over the same in as full and complete a manner as the said city court and the judge thereof has, and the rights of all parties litigant in any and all of said matters pending in said city court are hereby fully preserved, and said Superior Court of Screven County is hereby vested with full jurisdiction to enforce the same; that all bonds for the appearance of any defendant in said city court be and are hereby transferred to said superior court. City court abolished. Transfer of cases. Section 2. Be it further enacted by the authority aforesaid, that the costs in all cases transferred to the superior court, as herein provided, shall be disposed of in said court as other costs in other cases pending therein. Costs in transferred cases. Section 3. Be it further enacted by the authority aforesaid, that an Act of the General Assembly of Georgia, approved December 15, 1902, establishing said City Court of Sylvania in and for the County of Screven, Georgia, and all laws amendatory thereof, are specifically repealed. Act of 1902 repealed. Section 4. Be it further enacted, that before this Act shall go into effect and become a law it shall be submitted to the qualified voters of Screven County, at the general election to be held on June 6, 1939, if said election is held on said date and if said general election is not held on said date then in that event the ordinary of Screven County shall

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appoint election managers in each of the districts of the county for the purpose of holding an election in which this Act shall be submitted to the voters of Screven County. The ordinary is directed to publish a notice of said election at least thirty days before the date herein named. It is further provided that the ordinary shall receive the returns from each of the election precincts and declare the results of the election. The question to be voted upon in said election shall be submitted to the voters in the following form: For the abolition of Sylvania City Court, or Against the abolition of Sylvania City Court. Said ballots shall be printed by the Ordinary of Screven County at the county's expense and shall be furnished to the voters at each voting precinct in the county. If a majority of the voters in said county shall vote For the abolition of Sylvania City Court then this Act shall become a law effective January 1, 1941. If it should fail to receive a majority of the votes cast in said election then it shall not become the law. Referendum. Section 5. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved February 23, 1939. VALDOSTA CITY COURT REPORTER. No. 27. An Act to amend an Act Entitled:An Act to establish the City Court of Valdosta, In and for the County of Lowndes; To define its jurisdiction and powers; to provide for the appointment of a Judge, Solicitor General and other officers thereof, and to define their powers and duties; to provide for pleading and practice and new trials therein, and writs of error therefrom, and for other purposes (Georgia Laws 1901, P. 176) so as to provide for the appointment of an official

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reporter for the City Court of Valdosta, to provide for the payment to him of a per diem out of the fines and forfeitures fund in said court, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, that the above described Act, which was approved December 11, 1901, (Georgia Laws 1901, p. 176, et seq.) be, and the same is hereby, amended by adding thereto the following, to wit: Act of 1901 amended. Section 2. Be it further enacted that the Judge of the City Court of Valdosta shall have the right and power to appoint an official reporter for said court, who shall serve at the pleasure of said Judge, and whose duties shall be to attend all sessions of said court when required to do so by said Judge, and at said sessions of the court to report the proceedings of all cases tried therein when directed so to do by said Judge. Official reporter. Section 3. Be it further enacted that said official reporter for said court shall be entitled to fees for the reporting and transcribing of civil cases at the same rate fixed by law for the reporting and transcribing of proceedings in such cases tried in the Superior Court of Lowndes County, Georgia, and the fees shall be taxed in the same manner. Compensation. Section 4. Be it further enacted that for the reporting of proceedings in criminal cases in said court or for the attendance upon court, when it is engaged in the trial of civil cases, if the fees taxed for the reporting of said civil cases shall not amount to more than $10 per day, the Judge of the City Court of Valdosta shall have the power to fix the remuneration of the official reporter of said court or to supplement the same on a per diem basis not to exceed $10 per day. Fee supplement. Section 5. Be it further enacted that the per diem to be paid said official reporter shall be paid out of the fines and forfeitures fund in said court by the Board of Commissioners

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of Roads and Revenues for the County of Lowndes when the statement therefor has been approved by the Judge of said court, and when the same has been ordered paid by him. Payment from fines and forfeitures. Section 6. Be it further enacted that all laws, or parts of laws, in conflict with this Act be, and the same are hereby, repealed. Approved February 10, 1939. WRIGHTSVILLE CITY COURTDISQUALIFICATION OF JUDGE. No. 206. An Act to amend an Act creating the City Court of Wrightsville, in Johnson County, Georgia; Georgia Laws 1912 pages 318 to 337 inclusive, and amendatory Acts thereof; so as to provide that the Judge of the Superior Court of the Dublin Judicial Circuit, can preside in the City Court of Wrightsville in all cases, when the Judge of the City Court is disqualified from sickness or otherwise. 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 Wrightsville, in Johnson County Georgia; Georgia Laws 1912, pages 318 to 337, inclusive, and amendatory Acts thereof, be and the same is hereby amended by adding a new Section as follows: Act of 1912 amended. Section 1. That from and after the passage of this Act, the Judge of the Superior Court of the Dublin Judicial Circuit, may preside in the City Court of Wrightsville in all cases, when the Judge of the City Court is disqualified from sickness or otherwise. Judge of Superior Court may preside Section 2. That all laws or parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1939.

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WRIGHTSVILLE CITY COURTJURIES. No. 130. An Act to amend an Act establishing the City Court of Wrightsville in Johnson County, Georgia, Georgia Laws 1912 pages 318 to 337 inclusive, providing how jurors shall be impaneled, fixing the number of jurors that shall constitute a panel, fix the number of strikes in both Civil and Criminal Cases, 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 28 of said Act be amended by striking the following words in said Section to-wit: In cases where issues are to be tried by a jury, the party shall be entitled to a full panel of twenty-four from which to strike in Civil Cases; each party shall be entitled to six (6) peremptory challenges, and in Criminal Cases the defendant shall be entitled to seven (7) peremptory challenges and the State five (5), and substituting therefore the following: That six (6) jurors shall constitute a panel. When a trial by jury is demanded, the jury shall be selected as follows: In Civil Cases each side shall have three (3) strikes; and in Criminal Cases the defendant shall have four (4) strikes and the State shall have two (2) strikes; six (6) shall thus constitute a jury; provided that either party in a Civil Case, or the defendant in a Criminal Case, may demand a full panel of twenty-four (24) Jurors from which to strike from, and a panel of twelve (12) to try said cause, provided, written demand for a full panel is filed with the Court upon the call of the docket, so that when said Section is amended, it shall read as follows: Section 28. Be it further enacted by the authority aforesaid That all laws with reference to the qualification, empaneling, challenging and fining jurors now of force, or hereafter

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enacted, regulating the same in the Superior Courts, shall apply to and be observed in said City Court, except when inconsistent with the provisions of this Act. In cases where issues are to be tried by a jury, that six (6) jurors shall constitute a panel. When a trial by jury is demanded, the jury shall be selected as follows: In Civil Cases each side shall have three (3) strikes; in Criminal Cases the defendant shall have four (4) strikes, and the State shall have two (2) strikes; Thus six (6) shall constitute a jury; provided that either party in a Civil Case, or the defendant in a Criminal Case, may demand a full panel of twenty-four (24) Jurors from which to strike from, and a panel of twelve (12) to try said Cause, provided written demand for a full panel is filed with the Court upon the call of the docket, and all laws and rules governing the selection of jurors in the Superior Court shall apply to the City Court of Wrightsville, unless inconsistent with this Act. Selection of jury. Section 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved March 4, 1939.

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TITLE II. COUNTIES AND COUNTY MATTERS. ACTS. Appling Commissioner's Office Created. Atkinson Commissioner's and Advisors' Salaries. Baldwin CommissionersSpecial Election. Berrien County PhysicianTerm. Bibb CommissionersTemporary Assistants in County Offices. Bleckley County Depository. Brantley Tax-CommissionerCompensation. Brantley Treasurer. Butts CommissionersQuorum. Camden Clerk's Bond Reduced. Camden CountyIntracoastal Waterway. CamdenZoning. Carroll Tax-CommissionerExpenses. Chatham CommissionersAmendments. Chatham CommissionersPensions of Widows. Chattahoochee Tax-CommissionerCompensation. Clayton CommissionersPowers of Ordinary. ClaytonZoning. Clinch Sheriff's Bond Reduced. Coffee Tax Collector's Office Abolished. Coffee Tax Receiver's Office Abolished. Coffee Tax-Commissioner. Columbia Tax-Commissioner. Coweta CountyNames of Two Residents Changed. DeKalb Commissioner's Salary. Dodge Commissioner's Clerk. Dodge County Primary Elections. Dodge OrdinarySalary as Treasurer. Douglas CommissionersCompensation. Douglas Treasurer's Bond. Early CommissionersAttendance of Sheriff. Fannin CommissionerClerk's Salary. FanninFishing. Fulton Chief Deputies. Fulton CommissionersTerm of Clerk. Fulton CommissionersVacancies. Fulton County Pensions. Fulton County Sewerage System. Fulton Planning Commission Created. Glascock Board of Commissioners Created. Glascock CommissionersActs Repealed. Glascock CommissionersAmendment. Glascock Sheriff's Bond Reduced. Glynn Audits, Bonds, and Fiscal Year. GlynnU.S. Coast and Geodetic Survey System Adopted. Grady CommissionersAmendments. GradyEx Officio Treasurer. Gwinnett Commission Candidates to Designate Opponents. Habersham Sheriff's Bond Reduced.

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Hancock Sheriff's Bond. Harris CommissionersCompensation. Houston County Depository. Jackson LakeFishing. Jeff Davis Tax-CommissionerCompensation. Johnson Board of Commissioners Created. Johnson CommissionersRoads for School Bus. Johnson Court Officers' Costs. LaurensNepotism. Competitive Bids. Work Camps. Liberty Tax-CommissionerAct Repealed. Long CommissionersAmendments. Madison Commissioner and Advisory BoardAmendments. Madison CommissionerVacancy. Marion CommissionersAct of 1937-1938 Repealed. McDuffie Commissioner's Office Created. McDuffie CommissionerAmendments. McDuffie Justices' of the Peace Compensation. McDuffie Official BondsPremiums. McDuffie Treasurer and Superior Court ClerkConsolidation Repealed. McIntosh CommissionersElection. McIntosh CountyLive Stock Dealer's License. McIntoshZoning. Meriwether Commissioners' Clerk. Monroe CommissionersAudit of Books. Monroe Tax-CommissionerCompensation. Montgomery CommissionersAmendments. Murray CommissionersReferendum. Murray Tax-CommissionerSalary. PauldingZoning. Peach Ordinary as Commissioner. Pulaski Ordinary's Bond Reduced. Putnam Tax-Commissioner. Quitman CommissionersPurchases. Schley County DepositoryReferendum. Schley Tax-CommissionerReferendum. Screven CountyHunting Seasons. ScrevenGoats at LargeReferendum. Screven Tax-CommissionerReferendum. Screven Treasurer's SalaryReferendum. Screven Treasurer's SalaryReferendum. Talbot Tax-CommissionerReferendum. Talbot Tax-CommissionerSalary. Taliaferro CommissionersTerms and Salaries. Taliaferro Tax-Commissioner. Tattnall CommissionersAmendments. Tattnall Prison Farm Land Sale Authorized. TelfairSheriff's Prisoner Fees. TownsNumerical Tax Receipts. Troup Tax-CommissionerTax Executions. Walker Board AbolishedReferendum. Walker Commissioner's Office Created. Walton CommissionersAmendments. Walton CountyObstructions in Running Streams. Ware and McDuffie Commissioners. Washington CommissionersTerms. WheelerCommissioner's Salary. County Attorney and Clerk.

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Wheeler Tax-Commissioner. Wilcox Board of Commissioners Created. Wilcox County Depository. APPLING COMMISSIONER'S OFFICE CREATED. No. 401. An Act to create the office of Commissioner of Roads and Revenues for the County of Appling; to provide that the Commissioner of Roads and Revenues of the County of Appling, acting in conjunction with the Ordinary and clerk of the Superior Court of said county, shall have control of all the fiscal affairs of the County of Appling; to provide for his election and for his recall; to define his duties and provide for his compensation; to provide for a clerk for said Commissioner and compensation for said clerk; to provide for compensation for the Ordinary acting in conjunction with the Commissioner of Roads and Revenues; to provide for the proper supervision of the Acts of the Commissioner of Roads and Revenues and the auditing of his books; to repeal the Act approved July 29, 1915 (Ga. Laws 1915, pages 141-147) creating the Board of Commissioners of Roads and Revenues for Appling County, and all Acts amendatory thereof; and for other purposes. Section 1. That from and after the first day of January, 1941, the county affairs of Appling County shall be administered by a Commissioner of Roads and Revenues, and for that purpose the office of Commissioner of Roads and Revenues of Appling County is hereby created. He, acting in conjunction with the Ordinary and Clerk of the Superior Court of said county, shall have such control of the county affairs generally, as is now conferred by law upon the present Board of Commissioners of Roads and Revenues of said county, except as especially qualified by this Act. Commissioner.

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Section 2. That said Commissioner of Roads and Revenues shall be elected by the qualified voters of Appling County at the time county officers of Appling County are elected in the year 1940, and such Commissioner of Roads and Revenues shall take office on January 1, 1941. He shall serve for a term of four years, and until his successor is elected and qualified. The succeeding term of said Commissioner of Roads and Revenues shall be for a term of four years and he shall be elected by the qualified voters of said county at the regular election held for county officers. Election. Term. Section 3. That the Commissioner, before entering on the duties of his office, shall give bond with good security, approved by the Ordinary of said county, in the sum of Ten Thousand ($10,000.00) Dollars, payable to the Treasurer of the county, and his successor in office, and conditioned upon the faithful discharge of his duties and the carrying out of the provisions of this Act, and for any violation of the conditions thereof, said bond may be sued upon in the name of the county treasurer, whether on his own motion or by direction of said county; and the commissioner and his security shall be liable upon said bond for any breach thereof by way of malfeasance or misfeasance in office. Bond. Section 4. That said Commissioner, before entering upon his duties, shall make oath before the Ordinary of the County, to faithfully administer all affairs to the best interest of the county. Oath of office. Section 5. That the salary of said Commissioner shall be Twenty-four hundred ($2,400.00) Dollars per annum, to be paid monthly out of the treasury of said county. The grand jury sitting in regular session just before the expiration of term of said commissioner, may change the salary of said Commissioner, but no change shall be made during the term of a commissioner. Salary.

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The clerk of said Commissioner shall be the clerk of the superior court of said county, whose salary shall be Nine Hundred ($900.00) Dollars per annum to be paid monthly out of the treasury of said county. Clerksalary. Section 6. That it shall be unlawful for any candidate for commissioner to enter into any agreement with any person or persons as to the disposal of any work or the purchase of any supplies, or any appointment under his control, and any person so offending shall be ineligible to hold said office. Political patronage prohibited. Section 7. That said Commissioner shall select one regular day of each week in which he shall remain in his office at the Court House for the transaction of public business in connection with his office, and the balance of his working time shall be spent in the personal supervision of laying out road work, bridges, and the inspection of all public property, especially of the measure and delivery of supplies to the convict camp, and the general direction and management of said camp, in the most economical manner. The clerk of said Commissioner shall keep his office open each day of the week, and make a record of all complaints, and other matters, and call the notice of the Commissioner to same. Office hours of commissioner and clerk. Section 8. That said Commissioner shall keep in constant touch with the State and Federal authorities who have charge of roads and road building; shall secure, and keep in his office, and familiarize himself with all the free bulletins bearing upon the subject of road building; and it shall be his duty at all times to entertain and discuss suggestions as to road building. Roads and road building information. Section 9. That it shall be the duty of said Commissioner, acting with the clerk and ordinary, to supply from the ad valorem tax for roads and from such other funds as may be available to the county for road purpose, such machinery, mule and gasoline power, and other equipment as shall be necessary to work the public roads

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of said county in a manner in keeping with the revenue of said county, and serving the greatest number of people in the best manner. Road funds. Section 10. That the first permanent road work under this Act shall be done in that section or sections where it will do the greatest good to the greatest number; and this policy shall be continued in all permanent road work. The Commissioner shall apply the most efficient means of keeping in a state of continuous repair, all such permanently constructed mileage, of all roads in said county not maintained by State or other agencies. Road building policy. Section 11. That said Commissioner shall direct his clerk, at the end of each month, to make out a list of all expenditures during the month for which warrants have been issued, signed by the clerk and the ordinary and numbered, and the names to whom issued, and for what issued. Record of expenditures. Section 12. That said Commissioner at the end of each quarter, shall make out an itemized account of all the transactions of his office, stating the amount of money or moneys received, and from what source; the amount of money or moneys expended, and for what purpose, during that quarter, and publish the same in the official organ of said county. He shall undersign each quarterly statement so published under oath, as follows: I....., Commissioner of Roads and Revenues of Appling County, do solemnly swear that the above is a full and true statement of the monetary transactions of this office for the quarter ending....., and that I have not received any rebates or drawbacks, nor have I personally profited or known of any illegal personal profit to anyone whomsoever through any transaction of this office. Signed,..... Quarterly account. Oath. Section 13. That it shall be a misdemeanor for the Commissioner, clerk or ordinary, or anyone employed by either of them, to have any financial interest in the

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transaction of any business in connection with the purchase or sale of any goods or supplies, machinery or mules, or anything for said county. Private interest in county matters prohibited. Section 14. That in case of a vacancy in the office of Commissioner, by reason of death or otherwise, the ordinary of said county shall serve as his successor until a successor is elected and qualified; such vacancy shall be filled by a special election called by the clerk of the superior court of said county, and held within thirty days after said death, resignation, or other cause bringing about such a vacancy. Vacancy. Section 15. That the grand jury sitting at the first regular term in each year, shall appoint two or more auditors to audit the books, accounts and warrants of said commissioner, clerk and ordinary. Said auditors shall have power to examine, under oath, said commissioner, clerk, and ordinary, relative to any account, item or warrant, or transaction in connection with said Commissioner's office. Said auditors shall perform their duties as herein prescribed and make a report of their findings to the judge of the superior court of said county, within thirty days. from the time of their appointment, and said findings shall be published in the newspaper that is the official organ of said county. The grand jury appointing said auditors shall prescribe the amount to be paid them for their services. Audit of books. Section 16. That it shall be the duty of the grand jury to inquire into the official acts of said Commissioner, and if any grand jury of said Appling County shall find by a two-thirds vote, that the Commissioner has violated any of the terms of this Act, or that he has been wasteful or inefficient or that he has wrongfully or fraudulently conducted the affairs of his office, or that he is otherwise unqualified to manage the affairs of the office, the grand jury so finding shall declare said office vacant and the clerk of the superior court shall proceed to call a special

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election to fill such vacancy as hereinbefore prescribed. Said deposed Commissioner shall have a right, however, to be a candidate, and if he shall receive a majority of votes polled in said election he shall again take up the duties of said office. If he does not receive the majority, however, of the votes so polled, the candidate so receiving the majority of votes shall at once qualify and take up the duties of said office. All rules and regulations governing regular county elections shall govern all regular and special elections under this Act. Removal by grand jury. Section 17. That the said Commissioner, acting in conjunction with the clerk of court and ordinary, shall have the power to employ a county attorney, and shall have authority to pay such county attorney for his services, not exceeding Three Hundred ($300.00) Dollars per annum, to be paid out of the county treasury, provided, however, that the said Commissioner, acting in conjunction with the Clerk of Court and Ordinary, shall also be authorized to employ legal counsel in any case where necessary and pay for such services a reasonable amount as the nature of the case or service may warrant, which said sums to be paid out of the county treasury. County attorney. Section 18. That the ordinary of the county of Appling shall be paid for his services acting in conjunction with the said Commissioner, the sum of Three Hundred ($300.00) Dollars per annum, said sum to be paid out of the county treasury. Ordinary's servicescompensation. Section 19. That said Commissioner, acting in conjunction with the Clerk and ordinary, shall constitute a purchasing board for said county, but the said Commissioner, however, shall have the right and power to purchase such provisions and repairs to be used in connection with his work as are necessary for immediate use, but the bills for same, as well as all other county bills, shall be submitted to the Clerk and ordinary when

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meeting with said Commissioner in regular semi-monthly sessions, as provided in this Act. Purchases. Section 20. That said Commissioner, by this Act, is empowered with authority to plan, lay out, superintend and construct all public roads and bridges, but the same shall be done in conformity with Section 10 of this Act. Authority over roads. Section 21. That the term of office of said Commissioner shall be for a period of four years, and until his successor is elected and qualified. Term of office. Section 22. That this Act shall become effective and operative on the first day of January 1941. Effective date. Section 23. That the Act of the General Assembly of Georgia approved July 29, 1915 (Ga. Laws 1915, pages 141-147) entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Appling, State of Georgia, prescribe their powers and duties, to fix their compensation, and for other purposes, and all Acts amendatory thereof, are hereby repealed from and after January 1, 1941. Act of 1915 repealed. Section 24. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved March 24, 1939. ATKINSON COMMISSIONER'S AND ADVISORS' SALARIES. No. 77. An Act to repeal an Act approved March 24, 1933 (Georgia Laws, 1933, pp. 390, 391, 392) entitled: An Act to amend an Act to create the office of Commissioner of Roads and Revenues in the County of Atkinson; to provide for the election of such Commissioner; to define his duties and provide his compensation; to provide a clerk for said Commissioner; to provide for the proper supervision

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of his accounts and the auditing of his books; to provide for two advisors, to define their duties, and provide their compensation; and for other purposes, so as to authorize the Grand Jury of Atkinson County to fix the salary of the Commissioner of Roads and Revenues for said county; and so as to fix the salary of the advisors to said commission; and to amend an Act approved July 23, 1931 (Georgia Laws, 1931, pp. 380 through 385) entitled: An Act to create the office of Commissioner of Roads and Revenues in the County of Atkinson; to provide for the election of such Commissioner; to define his duties and provide his compensation; to provide a clerk for said Commissioner; to provide for the proper supervision of his accounts and the auditing of his books; to provide for two advisors, to define their duties and provide their compensation; and for other purposes, by striking Section 6 of said Act approved July 23, 1931, (which said Section 6 relates to the salary of said Commissioner and of his advisors), and enacting in lieu of said Section 6 of said Act of 1931 a new Section 6, so as to make suitable provisions for the salary of said Commissioner and of his advisors; 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 approved March 24, 1933 (Georgia Laws, 1933, pp. 390, 391, 392), entitled An Act to amend an Act to create the office of Commissioner of Roads and Revenues in the County of Atkinson; to provide for the election of such Commissioner; to define his duties and provide his compensation; to provide a clerk for said Commissioner; to provide for the proper supervision of his accounts and the auditing of his books; to provide for two advisors, to define their duties, and provide their compensation; and for other purposes, so as to

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authorize the Grand Jury of Atkinson County to fix the salary of the Commissioner of Roads and Revenues for said county; and so as to fix the salary of the advisors to said commission, be and the same is hereby repealed in its entirety. Act of 1933 repealed. Section 2. That an Act approved July 23, 1931, (Georgia Laws, 1931, pp. 380 through 385), entitled: An Act to create the office of Commissioner of Roads and Revenues in the County of Atkinson; to provide for the election of such Commissioner; to define his duties and provide his compensation; to provide a clerk for said Commissioner; to provide for the proper supervision of his accounts and the auditing of his books; to provide for two advisors, to define their duties and provide their compensation; and for other purposes, be and the same is hereby amended by striking Section 6 thereof in its entirety (which said Section 6 relates to the salary of said Commissioner and of his advisors), and substituting in lieu thereof a new Section 6 to read as follows: Act of 1931 amended. Section 6. The salary of the Commissioner of Roads and Revenues of Atkinson County shall be $1500.00 per annum, payable monthly, and the advisors to said Commissioner shall each receive a salary of $180.00 per annum, payable monthly. No additional compensation or other form of remuneration shall be paid to said Commissioner or to his advisors, and each shall pay his expenses out of his said salary. Salaries of commissioner and advisors. 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 23, 1939.

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BALDWIN COMMISSIONERSSPECIAL ELECTION. No. 353. An Act to amend an Act approved December 22, 1898, providing for the election of a Board of County Commissioners by the people of Baldwin County, Georgia, and all Acts amendatory thereto by providing for a special election to fill vacancies; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Act of the General Assembly approved December 22, 1898, providing for the election of a Board of County Commissioners by the people of Baldwin County, Georgia, and all Acts amendatory thereto, be and the same is hereby amended by adding thereto a new Section to read as follows: Act of 1898 amended. Whenever any vacancy occurs on the Board of Commissioners of Roads and Revenues of Baldwin County, Georgia, the vacancy shall be filled at a special election called for said purpose by the Ordinary of Baldwin County. Within ten days after the vacancy occurs it shall be the duty of the Ordinary to call the said special election, which said special election must be held within at least thirty days from the date of the call. The Ordinary shall publish notice of said election in the public gazette of Baldwin County, Georgia, by at least two weekly insertions in the said gazette. Vacancies filled at special election. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1939. BERRIEN COUNTY PHYSICIANTERM. No. 172. An Act to amend an Act approved December 17, 1902 (Ga. Laws 1902, pages 203-205), creating the Board of

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Commissioners of Roads and Revenues of the County of Berrien, and all Acts amendatory thereof, so as to provide that the county physician shall be named for two years; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act approved December 17, 1902 (Ga. Laws 1902, pages 203-205), creating the Board of Commissioners of Roads and Revenues of the County of Berrien, and all Acts amendatory thereof be, and the same is hereby amended by adding a new section thereto as follows: Act of 1902 amended. From and after the passage of this Act the term of any county physician who may be named and appointed by the Board of Commissioners of Roads and Revenues of the County of Berrien shall be two years. Term of county physician. Section 2. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 9, 1939. BIBB COMMISSIONERSTEMPORARY ASSISTANTS IN COUNTY OFFICES. No. 108. An Act to amend an Act approved February 6, 1873, appearing on page 219 et seq. of the published Acts of the General Assembly of Georgia of 1873, and captioned, An Act to establish a County Board of Commissioners for the County of Bibb; to define its duties; and for other purposes therein named, and Acts amendatory thereof; by further defining the powers, jurisdiction, and authority 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 authority of the same, that the Act approved February 6, 1873, appearing on page 219 et seq. of the published Acts of the

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General Assembly of Georgia of 1873, and captioned, An Act to establish the County Board of Commissioners for the County of Bibb; to define its duties; and for other purposes therein named, and Acts amendatory thereof, be amended by including therein the following provisions, to-wit: Said County Board of Commissioners for the County of Bibb is hereby authorized and empowered in its discretion to pay the necessary expense of temporary assistants in the office of either the Ordinary, Tax Collector, Tax Receiver, Clerk of the Superior Court or Sheriff of said County, so long as said officers are operating under the salary instead of the fee system, not withstanding the same has not been submitted to or approved by the Grand Jury, where from unforeseen causes, or due to conditions not existing throughout the year, it is necessary to the efficient operation of such office for additional help to be supplied therein; such additional help shall be employed only on the written request of the officer desiring the same and the approval of the County Board of Commissioners fixing the number of such employees and the duration of their employment; the naming of the employees to be at all time within the control of the officer with whom the assistant is to serve; the compensation to be paid for such extra help shall be fixed in the order of the County Board of Commissioners, and paid out of County funds along with the salaries of other assistants in said offices. Temporary assistants when necessary. Method of securing additional help. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 3, 1939. BLECKLEY COUNTY DEPOSITORY. No. 139. An Act to amend an Act approved August 13, 1915, to abolish the office of Treasurer of the County of

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Bleckley, and to provide for a County depository; to provide for the deposit of securities by said depository in lieu of giving bond; to regulate payment of county funds into, and out of said depository; to provide for a chairman of said depository, for the time, place, and manner of the meetings, and the keeping of minutes of meetings, and the certification of extracts therefrom as valid evidence of the Acts of said depository commission; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. An Act, approved August 13, 1915 (Georgia Laws 1915, page 159) for the purpose of abolishing the office of County Treasurer of Bleckley County, and establishing in lieu thereof a County Depository and providing for a Commission to select such Depository, and prescribing the duties of each is amended in the following particulars, to wit: Act of 1915 amended. (a) After the word county and before the word shall in the fourth line of Section 3 is inserted the phrase, of which the Commissioner shall be chairman, said phrase preceded and followed by a comma; (b) After the period following the word allowed in line 17 of Section 3 is inserted the sentence, In lieu of said bond, the Depository selected by the Commission may deposit with the Commission, or in escrow with other depository acceptable to the Commission, securities or obligations of the State or the Federal Government, or their political subdivisions, in amounts considered with the Federal Deposit Insurance, to cover the public funds of the county on deposit, with the right of said Depository from time to time to make substitutions of securities. (c) After the period following the word done at end of line 22 in Section 3, is inserted the following sentence,

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Said Depository is authorized to pay in good faith all warrants regular on their face drawn on the county funds by the Commissioner of Roads and Revenue of Bleckley County, and payment into said Depository by any person of obligations to Bleckley County shall constitute full satisfaction thereof. So that said Section 3, as amended, shall read: Section 3. Be it further enacted by the authority aforesaid, That a commission composed of the Ordinary, Clerk of the Superior Court and Commissioner or Commissioners of Bleckley County, of which the Commissioner shall be chairman, shall at their first regular meeting in January of each and every year, or as soon thereafter as practicable, select some chartered bank or trust Company to act as a county depository for handling and paying out, and otherwise disposing of all county funds, and for the performance of the duties now performed by the County Treasurer of Bleckley County, as shall be required of them by said Commission. Said bank or trust company shall be required to give bond in the sum of not less than twenty thousand dollars for the faithful performance of their duties, and when said bond is given in some regular bonding company, the premium thereon may be paid by county commissioners out of any county funds available therefor, but no other compensation shall be allowed. In lieu of said bond, the Depository selected by the Commission may deposit with the Commission, or in escrow with other depository acceptable to the Commission, securities or obligations of the State or the Federal Government, or its political subdivisions, owned by said Depository, in amounts, considered with the Federal Deposit Insurance, to cover the public funds of the county on deposit, with the right of said Depository from time to time to make substitutions of securities. Such county depository shall be chosen annually, as herein provided, or more often upon a failure to perform the duties of said office by any one so chosen. All county warrants

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and disbursements shall be drawn on and paid by such county depository, instead of the County Treasurer as is now done. Said Depository is authorized to pay in good faith all warrants regular on their face drawn on the county funds by the Commissioner of Roads and Revenue of Bleckley County, and payment into said Depository by any person of obligations to Bleckley County shall constitute full satisfaction thereof. If there is no chartered bank or trust company in Bleckley County that shall qualify and Act hereunder, then and in that event, said County Commissioners may select some other chartered bank or trust company in a neighboring county to perform all the duties of County Treasurer, under such regulations as they may prescribe. County depository. Bond. County warrants. Section 2. Said Act is further amended by adding thereto a new section to be known as Section 3-A in the following words, to wit: Section 3-A. Said Depository Commission shall meet in all regular and special sessions in the office of the Commissioner of Roads and Revenues of Bleckley County, and the Commission shall keep minutes of every meeting. The Chairman of the Depository Commission shall enter the Acts of the Commission upon the minutes, and shall be authorized to certify to all extracts and copies from said minutes under the seal of the Commissioner of Roads and Revenue of Bleckley County, and such certified minutes or extracts shall be valid evidence of the Acts of the Depository Commission wherever required. Depository commission meetings and minutes. Section 3. All laws and parts of laws in conflict herewith are repealed. Approved March 6, 1939.

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BRANTLEY TAX-COMMISSIONERCOMPENSATION. No. 418. An Act to amend an Act approved August 14, 1931, (Georgia Laws 1931, p. 394), entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Brantley County, and creating the office of County Tax Commissioner and fixing his compensation, by repealing Section 5 of said Act as amended, and substituting in lieu thereof a new section, so as to provide for the payment of the fees, commissions and other compensation which would have accrued to the Tax Collector and Tax Receiver of Brantley County; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That on and after the passage of this Act, Section 5 of an Act approved August 14, 1931 (Georgia Laws 1931, p. 394), fixing the compensation of the Tax Commissioner, as amended by an Act approved March 2, 1933 (Georgia Laws 1933, p. 416) and as amended by an Act approved March 23, 1933 (Georgia Laws 1933, p. 413), and as amended by an Act approved February 16, 1938 (Georgia Laws 1937-38, p. 761), be, and the same is hereby, repealed, and a new section is hereby enacted in lieu thereof, to read as follows: That the compensation of the County Tax Commissioner of Brantley County, Georgia, shall be the fees, commissions, and all other compensation accruing to the Tax Receiver and Tax Collector of Brantley County in 1931, and all other fees, commissions and compensation since accruing or that may hereafter accrue to Tax Receivers and Tax Collectors of Georgia, and the same shall be paid as such compensation is paid to Tax Receivers and Tax Collectors of this State. Compensation.

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Section 2. That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved March 24, 1939. BRANTLEY TREASURER. No. 419. An Act to repeal an Act approved August 14, 1929, (Georgia Laws, 1929, p.545), abolishing the office of County Treasurer of Brantley County, Georgia, and providing that a County Treasurer be had for said County as provided under the general law; to fix his salary; to provide an effective date for this Act; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That on and after the passage and approval of this Act, the Act abolishing the office of County Treasurer of Brantley County and providing the manner of appointment of a County Depository, and for other purposes, approved August 14, 1929 (Georgia Laws, 1929, p. 545), be and the same is hereby repealed. It being the purpose of this Act to abolish the County Depository as provided for in said Act herein repealed, and to provide for a County Treasurer for said County as was before the passage of the Act herein repealed. Act of 1929 repealed. County depository abolished. Treasurer. Section 2. Be it further enacted that the compensation of the Treasurer of Brantley County, Georgia, shall be Fifty Dollars ($50.00) per month, payable monthly, which shall be in lieu of all other fees and compensation. Salary. 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. Section 4. Be it further enacted that the effective date of this Act shall be May 1st, 1939. Effective date. Approved March 24, 1939.

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BUTTS COMMISSIONERSQUORUM. No. 164. An Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Butts County, approved August 15th, 1925 Acts 1925, page 573by defining the authority and powers of the Commissioners, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia that from and after the passage of this Act Section 16 as appears on page 573 Acts 1925 be and is hereby amended as follows: That the Chairman and one member of the Board shall constitute a quorum, and that all contracts and warrants and other documents and agreement signed by the Chairman and any one member of the Board shall be legal and binding. Act of 1925 amended. Quorum. Section 2. Be it enacted that all laws and parts of laws in conflict with the above amendment be and the same is hereby repealed. Approved March 9, 1939. CAMDEN CLERK'S BOND REDUCED. No. 67. An Act to reduce the official bond of the Clerk of the Superior Court of Camden County from Three Thousand ($3,000.00) dollars to One Thousand ($1,000.00) dollars, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That from and after the passage of this Act, the penal amount of the official bond of the Clerk of the Superior Court of Camden County, Georgia, be and is hereby reduced from Three Thousand ($3,000.00) Dollars to the sum of One Thousand ($1,000.00) Dollars. Bond reduced to $1,000.

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Section 2. Be it further enacted, That all laws and all parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 21, 1939. CAMDEN COUNTYINTRACOASTAL WATERWAY. No. 3. An Act to grant to the United States Government Easements, Rights-of-Way and Spoil disposal areas on certain strips of Marsh Land in Camden County, Georgia, for the purpose of extending the Intracoastal Waterway; and for other purposes. Whereas, the Congress has, by the Rivers and Harbor Act approved August 26, 1937, authorized the construction of a protected route, as part of the Intracoastal Waterway, around St. Andrew Sound, Ga., to a depth of 7 feet, in accordance with the project described in Senate Committee Print, 74th Congress, first session, and Whereas, the State of Georgia desires to aid the construction of the aforesaid improvement by granting certain easements across State-owned marsh lands in Camden County, Georgia; Now, therefore, the General Assembly of Georgia does enact: Section 1. For the purpose of aiding in the construction and maintenance by the United States of the proposed project set forth in the above described document, the Governor and the Secretary of State are hereby authorized to issue to the United States of America a grant or grants of a perpetual right and easement to enter upon, cut away, and remove any and all of the land, including submerged lands composing a part of the channel rights-of-way

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of the aforesaid improvement and a further perpetual right and easement to enter upon, occupy and use any portion of the land, including submerged land, composing a part of the spoil disposal area not so cut away, for the deposit of dredged material and for such other purposes as may be needful in the construction, maintenance and improvement of the aforesaid protected route of the Intracoastal Waterway around St. Andrew Sound, Ga., on the following described tracts of marsh land located in Camden County, Georgia, and in the 33rd District G. M. of said county: Grant of easements to United States. Tract 1, containing 140 acres, more or less, is bounded on the north by the Little Satilla River, on the south by Umbrella Creek, and on the east and west by the lands of the State of Georgia; Tract 1. Tract 2, containing 330 acres, more or less, is bounded on the north by Dover Creek, on the south by the Satilla River, and on the east and west by the lands of the State of Georgia; and these two tracts shall be of such shapes and bounds, courses and distances as may be prescribed by the United States Engineer Office at Savannah, Ga., and the said grant or grants to issue upon a certificate filed by the United States Engineer Office at Savannah, Ga., with the Governor of the State of Georgia. Tract 2. Section 2. All Acts or parts of Acts inconsistent with the provisions of the Act are hereby repealed to the extent of such inconsistency. Section 3. This Act shall take effect immediately upon its approval by the Governor. Approved January 31, 1939. CAMDENZONING. No. 323. An Act Granting to the Commissioners of Roads and Revenue of Camden County in the State of Georgia authority

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to regulate in said county along any or all roads on the State Highway System 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 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; 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 Camden County 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, soil conservation, forestry or other purposes, within two ways; and to establish setback lines for buildings and structures along the said streets and roads. Building regulations and zoning. 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 and

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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 of Act. 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 the aforesaid county, are hereby given the power and authority to appoint for the said county 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 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. Membersterms. If the Commissioners of Roads and Revenue of the county aforesaid so desire, they may in conjunction with another county or counties form a Regional Planning Board

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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 the said county 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. 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 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. Board employees. 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. State agencies to aid. Section 5. Preparation of zoning plan. Be it further enacted by the authority aforesaid, that the said County Planning Board shall make for certification to the Commissioners of Roads and Revenue of their county, 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

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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. Zoning plans. 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 Board, in the light of developments at such hearing or hearings, make changes in their tentative plan, no further hearings shall be required. Public hearing on tentative plan. 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 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

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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. 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. Publication of regulations. 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. Public hearing before ordinance passed.

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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. Method of amending ordinance. 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 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 cooperation. Section 10. Board of Appeals. Be it further enacted by the authority aforesaid that the Commissioners of Roads and Revenue of said county exercising authority hereunder

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shall provide for a Board of Appeals of three members and for the manner of appointment thereof. Board of 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. Organization. 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 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. Meetings.

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Appeals to the Board of Appeals may be taken by an 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. Method of appeal. 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. Hearings. 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: 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

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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. 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. Appeal to Superior Court. Procedure. 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. Thereafter at the next term of the Superior Court, or in vacation upon ten days notice to the parties, the Judge

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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. 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. Review by appellate courts. 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. Section 11. Joint board of appeals. Be it further enacted by the authority aforesaid, that in lieu of a separate Board of Appeals for such 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. Joint board of appeals. Section 12. Violations: Enforcement. Be it further enacted by the authority aforesaid, that in case any building

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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 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. Violations of actpunishment. Injunction, etc. 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

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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. Non-conforming uses. 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. Grants of money. 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. Contempt before Planning Board or Board of Appeals. Section 16. Legislative intent. It is the legislative intent that the powers conferred by this Act may be exercised by Camden County, in the discretion of its governing authority. Intent.

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Section 17. 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 effect any other portion or provisions of this Act. Section 18. 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 March 24, 1939. CARROLL TAX-COMMISSIONEREXPENSES. No. 95. An Act to amend the Act of 1931, page 405, and the amendatory Act thereto approved February 26, 1935, entitled an Act to consolidate the office of Tax Receiver and Tax Collector in Carroll County, Georgia, by amending said Act so as to allow expenses incident to the conduct of the tax commissioner's office on account of increased duties; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 2 of the Act approved February 26, 1935, relating to the salary of the Tax Commissioner of Carroll County, Georgia, and his clerical helpers and traveling expenses for said office, which is as follows: Act of 1935 amended. Section 2. Be it further enacted by the authority of the same, that said tax commissioner, as aforesaid, shall perform all the duties which are now performed by the tax receiver and tax collector of Carroll County, and shall receive as compensation therefor the sum of twenty-four hundred ($2400.00) dollars per annum and sixteen hundred ($1600.00) dollars for clerical help and traveling expenses, the same to be paid in monthly installments; and the county commissioner of roads and

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revenues of Carroll County is hereby authorized to levy and collect a tax upon all the property of said county sufficient to pay said salary so fixed. be and the same is hereby amended as follows: That in line 6 of said Section 2 of said Act approved February 26, 1935, the words and figures sixteen hundred ($1600.00) dollars for clerical help and traveling expenses appearing immediately after the words and figures twenty-four hundred ($2400.00) dollars per annum and be stricken and the following words and figures inserted in lieu thereof: All expenses incident to the conduct of the office of tax commissioner, when approved by the county commissioner of Carroll County, and the words in monthly installments appearing in lines 9 and 10 of the said Section 2 be and the same are hereby stricken and word monthly substituted in lieu thereof. And the said Section 2 is further amended by adding at the end thereof the following sentence: The tax Commissioner of Carroll County shall have the privilege of employing such personnel as may be needed in the conduct of his office. So that the said Section 2 of the said Act, when amended will read as follows: Section 2. Be it further enacted by the authority of the same, that said tax commissioner, as aforesaid, shall perform all the duties which are now performed by the tax receiver and tax collector of Carroll County, and shall receive as compensation therefor the sum of twenty-four hundred ($2400.00) dollars per annum, and all expenses incident to the conduct of the office of tax commissioner, when approved by the county commissioner of Carroll County, the same to be paid monthly; and the county commissioner of roads and revenues of Carroll County is hereby authorized to levy and collect a tax upon all the property of said county sufficient to pay said salary

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so fixed. The tax commissioner of Carroll County shall have the privilege of employing such personnel as may be needed in the conduct of his office. Compensation. Extra employees. Section 2. The purpose of this amendment is that whereas the tax commissioner of Carroll County has been occasioned increased and additional clerical expenses by virtue of the Homestead Exemption Act, Intangible Property Tax Act, and a multitude of Federal loans and school district computations handled through his office, therefore all expenses incident to the conduct of the office of tax commissioner, when approved by the county commissioner of roads and revenues of Carroll County, is hereby allowed the said tax commissioner of Carroll County. Purpose of act. Section 3. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 28, 1939. CHATHAM COMMISSIONERSAMENDMENTS. No. 119. An Act to alter, amend, and revise the several laws creating and establishing the Commissioners of Chatham County and Ex-Officio Judges, to provide for a change in salary of Special Woman Bailiff of the Superior Court, to change the division line between the Fifth and Sixth G. M. Districts of Chatham 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 Section 1 of the Act of 1925, page 596, approved July 27, 1925, be amended by striking out the words At a salary not to exceed One Hundred ($100.00) Dollars a month and in lieu thereof insert the words At a salary not to exceed One Hundred Twenty-five

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($125.00) Dollars per month so that Section 1 of said Act will read: Act of 1925 amended. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Commissioners of Chatham County and Ex-Officio Judges, from and after the passage of this Act, shall have the authority to appoint and employ a woman as a special bailiff for the Superior Court of Chatham County, Georgia, at a salary not to exceed One Hundred Twenty-five ($125.00) Dollars a month, to be paid out of the County Treasury of Chatham County upon the order of said Commissioners of Chatham County and Ex-Officio Judges. Said special Bailiff shall discharge such duties as may be defined by the Commissioners of Chatham county and Ex-Officio Judges and the Sheriff of Chatham County, or as may be designated by law for other Bailiffs and Deputy Sheriffs. Such special Bailiff shall hold office at the pleasure of said Commissioners of Chatham County and Ex-Officio Judges. Special woman bailiff. Salary. Duties. Section 2. Be it further enacted by the authority aforesaid that the Division line between the Fifth and Sixth Militia Districts in Chatham County, Georgia, shall extend from the corporate limits of the City of Savannah southwardly along the center line of the right-of-way of the Savannah Electric and Power Company to Norwood Avenue, and thence along the center line of Norwood Avenue eastwardly to Herb River, thence along the center line of Herb River to Wilmington River, thence South along the center line of Wilmington River to the Atlantic Ocean, so as to include in the Sixth G. M. District of Chatham County, the following locations: Isle of Hope, Burnside, Bethesdea, Rosedew, Dutch Island, Beulieu, Skidaway Island, Green Island, Warsaw Island, Harvey Island and islands on the Little Ogeechee River, formerly included in the Fifth G. M. District. Division line between fifth and sixth militia districts.

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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 March 3, 1939. CHATHAM COMMISSIONERSPENSIONS OF WIDOWS. No. 165. An Act to amend an Act to authorize and empower the Commissioners of Chatham County and Ex-Officio Judges thereof to create a Pension Board; to provide that the appointment of the members of such board shall be made by the Commissioners of Chatham County and Ex-Officio Judges thereof; to define the duties and powers of such board; to empower and authorize said Commissioners of Chatham County and Ex-Officio Judges thereof to levy taxes for such purpose and to appropriate money for the payment of pensions to employees and former employees of said county entitled thereto, under the direction and control of said Pension Board; to administer the pension fund, and to enact ordinances, rules and regulations therefor, and for other purposes. Section 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 to authorize and empower the Commissioners of Chatham County and Ex-Officio Judges thereof to create a Pension Board; to provide that the appointment of the members of such board shall be made by the Commissioners of Chatham County and Ex-Officio Judges thereof; to define the duties and powers of such board; to empower and authorize said Commissioners of Chatham County and Ex-Officio Judges thereof to levy taxes for such purpose and to appropriate money for the payment

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of pensions to employees and former employees of said county entitled thereto, under the direction and control of said Pension Board; to administer the pension, fund, and to enact ordinances, rules and regulations therefor, and for other purposes approved March 29th, 1937, be and the same is hereby amended by striking therefrom in its entirety Section 12 on page 1220, Georgia Laws 1933, and inserting in lieu thereof a new section to be known as section 12 and to read as follows: Act of 1937 amended. Section 12. Be it further enacted by authority aforesaid, that whenever any regularly appointed and acting county employee shall be killed while in the performances of his duty, his widow shall be eligible to receive a pension under the existing laws pertaining to pensions for employees enacted by said County Commissioners of Chatham County and Ex-Officio Judges thereof, such pension not to exceed fifty (50%) per cent. of the salary then received by such employee and in no event shall said pension be more than One Hundred ($100.00) Dollars per month, and the same to be paid to his widow only as long as she remains unmarried. Said Commissioners of Chatham County and Ex-Officio Judges thereof will have the right to grant and pay such pension and pensions upon three-fourths ([frac34]) vote of its members in meeting assembled. Widows' pensions. Section 2. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 9, 1939. CHATTAHOOCHEE TAX-COMMISSIONERCOMPENSATION. No. 83. An Act to amend the Act of 1935, pages 601, 602, 603, 604 and 605, Georgia Laws, 1935, entitled an Act to

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abolish the offices of Tax collector and Tax Receiver in and for the county of Chattahoochee, etc. by repealing Sections Four and Five of said Act in their entirety and by amending said Act to fix the compensation of said Tax Commissioner of said county of Chattahoochee 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 1st, day of March 1939 the Act approved March 9, 1935, Georgia Laws 1935, pages 601-605 entitled an Act to abolish the offices of Tax Collector and Tax Receiver in and for the county of Chattahoochee, etc. be and the same is amended as follows: By striking Sections Four and Five of said Act in their entirety and substituting in lieu thereof and to be known as Section Four, the following:The salary of the Tax Commissioner of said county of Chattahoochee shall be not less than Sixty Five ($65.00) Dollars per month nor more than Seventy Five ($75.00) Dollars per month, in the discretion of the Board of County Commissioners of said county, and said salary to be fixed by said Commissioners at their first regular meeting in March of each and every year. Act of 1935 amended. Salary. Section 2. Be it further enacted that from and after the 1st, day of March 1939, all fees, costs, commissions, and other compensation heretofore allowed and accured said Tax Commissioner of said county, shall be paid said officer as is made and provided under Section Four of the original Act. Fees. Section 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 23, 1939.

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CLAYTON COMMISSIONERSPOWERS OF ORDINARY. No. 152. An Act to amend an Act approved July 1, 1910, to create a Board of Commissioners of Roads and Revenues for Clayton County, and Acts amendatory thereof by amending Section 10 of said Act authorizing the Ordinary of said County to establish, abolish or change election precincts or militia districts; and, make appointment in all vacancies in county offices, order elections to fill such vacancies, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, that Section 10 of an Act approved July 1, 1910 to create a board of Commissioners of Roads and Revenues for Clayton County and Acts amendatory thereof, be and the same are hereby amended by striking from said Section in the 7th and 8th lines thereof the word in establishing, abolishing or changing election precincts or militia districts and by inserting in the thirty-eighth line of said Section after the words for county purposes the following words except in establishing and changing election precincts and militia districts and supplying, by appointment, all vacancies in county offices and in ordering elections to fill them; so that said section with amended shall read as follows, to-wit: Act of 1910 amended. Section 10. Be it further enacted by the authority aforesaid, That said Commissioners shall have exclusive jurisdiction and control over the following matters, to-wit: In directing and controlling all of the property of said county as they may deem expendient according to law; in levying taxes according to law; in establishing or abolishing roads and bridges according to law; in supervising tax collector's and tax receiver's books, in allowing the insolvent list of said county; in settling all claims and

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accounts of officers having the care, management, or disbursement of funds belonging to, or appropriated for, the use and benefit of said county, and in bringing them to settlement; in providing for the poor of the county and for the promotion of health as granted by law, or not inconsistent with law; in examining the tax digests of said county for the correction of errors; in regulating or fixing license fees as may be provided by law; in establishing and maintaining the county chaingang; in working said chaingang on the public roads or public works of said county as provided by law; in electing or appointing all minor offices and employees of said county whose election is not otherwise provided by law, such as superintendent or warden and guards of convicts or chaingang, janitor of court house and jail, superintendent of pauper farm, county physician and health officer, and district road overseers; in making such rules and regulations as they may deem best for the interests of the county, governing all minor officers and employees appointed by them, and fixing such reasonable compensation for them as said Board may deem best for the interest of the county; in providing for the collection of a computation road tax, fixing the amount to be paid or the number of days work on the roads of said county in lieu thereof; in fixing the time when said computation tax shall be paid or the work performed, in trying all road defaulters in accordance with law; and generally to have and to exercise all the powers heretofore vested in the Ordinary of said county when sitting for county purposes except in establishing and changing election precincts and militia districts and supplying, by appointment, all vacancies in county offices and in ordering elections to fill them, and to exercise such other powers as are granted by law or as may be indispensable to their jurisdiction over county matters or county finances. Powers of commissioners. Powers retained by ordinary.

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Section 2. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Section 3. Be it further enacted that this Act shall take effect upon passage of same by the General Assembly of Georgia. Approved March 8, 1939. CLAYTONZONING. No. 15. An Act to authorize the Board of Commissioners of Roads and Revenues of Clayton 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 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 Clayton County shall have the right to create and establish restricted zones or districts throughout the territorial limits of Clayton 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

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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. Zoning powers. 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 petition of any person or persons interested in having any such area or districts established. Areas affected. 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 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 specify the time and place of the meeting of 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. Publication of zoning plans. Public hearings. 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,

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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. Non-conforming uses. Section 5. Be it further enacted that any building or structure erected, occupied, used or maintained in violation of the provisions of the 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 Clayton 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 of 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. Actions for violations of Act. 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. Punishment. Section 7. Be it further enacted that the Board of Commissioners of Roads and Revenues of Clayton 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. Zoning rules. 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 Clayton County, Georgia. Cemeteries, hospitals, etc.

Page 545

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. Notice of changes. 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 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. Section 11. This Act shall take effect upon its approval. Effective date. Section 12. Be it further enacted that all laws and parts of laws in conflict with this Act are hereby repealed. Approved February 3, 1939. CLINCH SHERIFF'S BOND REDUCED. No. 12. An Act to reduce the bond of the sheriff of Clinch County Georgia, and his bond as ex-officio sheriff of the County Court of Clinch County, Georgia. Be it enacted by the General Assembly, and it is hereby enacted by the authority of the same, as follows: Section 1. That the official bond of the sheriff of Clinch County, Georgia, shall be reduced from the present

Page 546

sum of five thousand ($5,000) dollars to the sum of two thousand dollars, and the bond of the said sheriff of Clinch County, Georgia, as ex-officio sheriff of the County Court of Clinch County, be and is hereby reduced from the sum of five hundred ($500) dollars to the sum of three hundred ($300) dollars. Bond reduced to $2,000. County court bond reduced to $300. Section 2. That all laws in conflict with the foregoing are hereby repealed. Approved February 3, 1939. COFFEE TAX COLLECTOR'S OFFICE ABOLISHED. No. 386. To be entitled an Act to repeal an Act of the General Assembly approved March 8th, 1937, appearing on pages 1301-02 of the 1937 Acts of the General Assembly creating the office of Tax Collector of Coffee County, Georgia. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same That: Section 1. The Act of the General Assembly of Georgia approved March 8th, 1937 appearing on pages 1301-02 of the 1937 Acts, providing: Act of 1937 repealed. Section 1. That the office of tax collector is hereby created for the County of Coffee, State of Georgia, effective as of the date set out in Section 2 of this Act. Section 2. In the general election to be held for the State House officers for the State of Georgia, in the year 1940, there shall be elected a tax collector for said County of Coffee who shall take office on January 1, 1941. The term of the tax collector for said county shall be four years, as other county officers, and said tax collector shall be elected as other county officers from time to time.

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Section 3. The said tax collector taking office on January 1, 1941, as aforesaid, and his successors in office, shall discharge all of the duties now and hereafter imposed upon tax collectors of this State by law and shall be subject to such liability as tax collectors of this State are subject to and likewise shall have the same powers and rights and be entitled to the emoluments provided by law for tax collectors in this State, and in the same manner and to the same extent as if the office of tax collector of Coffee County had never been abolished and the office of County tax commissioner created. Section 4. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed, be and the same is hereby repealed. Section 2. That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 24, 1939. COFFEE TAX RECEIVER'S OFFICE ABOLISHED. No. 378. An Act to repeal an Act of the General Assembly approved March 8th, 1937 appearing on pages 1302-03 of the 1937 Acts of the General Assembly creating the office of Tax Receiver of Coffee County, Georgia; and for other purposes. Be it enacted by the General Assembly of Georgia; and it is hereby enacted by the authority of the same, That: Section 1. The Act of the General Assembly of Georgia approved March 8th, 1937 appearing on pages 1302-03 of the 1937 Acts providing: Act of 1937 repealed. Section 1. That the office of tax receiver is hereby created for the County of Coffee, State of Georgia, effective as of the date set out in Section 2 of this Act.

Page 548

Section 2. In the general election to be held for the State House officers for the State of Georgia, in the year 1940, there shall be elected a tax receiver for said County of Coffee, who shall take office on January 1, 1941. The term of the tax receiver for said county shall be four years as other county officers, and said tax receiver shall be elected as other county officers from time to time. Section 3. The said tax receiver taking office on January 1, 1941, as aforesaid, and his successors in office, shall discharge all of the duties now and hereafter imposed upon tax receivers of this State by law and shall be subject to such liability as tax receivers of this State are subject to and likewise shall have the same powers and rights and be entitled to the same emoluments provided by law for tax receivers in this State, and in the same manner and to the same extent as if the office of tax receiver of Coffee County had never been abolished and the office of county tax commissioner created. Section 4. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed, be and the same is hereby repealed. Section 2. That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 24, 1939. COFFEE TAX-COMMISSIONER. No. 379. An Act to repeal an Act of the General Assembly approved March 8th, 1937, appearing on pages 1303-04 of the 1937 Acts of the General Assembly providing for a repeal of the Act of 1931 of the General Assembly creating the office of Tax Commissioner of Coffee County, Georgia; and for other purposes.

Page 549

Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That: Section 1. The Act of the General Assembly of Georgia approved March 8th, 1937 appearing on pages 1303-04 providing: Act of 1937 repealed. Section 1. That a certain Act approved August 14th, 1931 (Georgia Laws of 1931, page 443, et seq.) abolishing the offices of tax receiver and tax collector of Coffee County, Georgia, and creating in lieu thereof the office of County Tax Commissioner of Coffee County, Georgia, and all Acts amendatory thereof, particularly that certain amendatory Act approved March 24th, 1933 (Georgia Laws of 1933, pages 482 and 483), fixing the compensation of the county tax commissioner, be and the same are hereby expressly repealed, effective as of the date set out in Section 2 of this Act. Section 2. Be it further enacted that this Act shall become and be effective as to the present office of County Tax Commissioner of Coffee County, Georgia, on January 1, 1941, at which time the present county tax commissioner of said county, or his successor in office, shall deliver over to the tax receiver and the tax collector, respectively, of said County elected at the general election for the year 1940, all records pertaining to his office. In the meantime the County Tax Commissioner of Coffee County, Georgia, shall perform all of the duties and be subject to all of the liabilities provided in said Act approved August 14, 1931, and Acts amendatory thereof and shall be entitled to the compensation in said Act and amendment provided. 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, be and the same is hereby repealed.

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Section 2. The Act of the General Assembly of Georgia appearing in 1931 Acts, pages 443 through 446, abolishing the offices of Tax Receiver and Tax Collector of Coffee County and creating the office of Tax Commissioner of Coffee County, Georgia, and all Acts amendatory thereto are hereby retained in as full force and effect as if said Act of 1937 to repeal same had never been passed. Office of tax commissioner retained. Section 3. That all laws and parts of laws in conflict therewith are hereby repealed. Approved March 24, 1939. COLUMBIA TAX-COMMISSIONER. No. 116. An Act to abolish the office of tax receiver and tax collector of Columbia County, Georgia; to create the office of tax commissioner of Columbia County, Georgia; to provide and fix the compensation of said office; to provide that the laws of force as to tax receiver and tax collector when the provision of this Act shall become effective shall be of full force and effect as to the tax commissioner of Columbia County, Georgia, so far as the same are applicable; to provide that all taxes at the time the provisions of this Act become effective and all tax fi fas theretofore issued shall have full force and effect and be collectible as issued; to provide for the election of said tax commissioner and the method of filling vacancies; to provide for the giving of bonds by such officers; to provide for reports to the State; 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 on and after the passage of this Act the offices of tax collector and tax receiver shall be and they are hereby abolished. Tax collector and tax receiver abolished.

Page 551

Section 2. Be it further enacted by the authority of the aforesaid that the office of tax commissioner of Columbia County, Georgia, is hereby created in lieu of said offices, and that the rights, duties, and liabilities of said office of tax commissioner of Columbia County shall be the same as the rights, duties, and liabilities of the tax receiver and tax collector of said county, and that all laws applicable to said offices shall be applicable to the tax commissioner of said county, so far as the same can apply. Tax commissioner. Section 3. Be it further enacted by the authority aforesaid, that all taxes now due and payable, and all tax fi. fas. heretofore issued by the tax collector of Columbia County, Georgia, shall have full force and effect and be collectible as issued. Taxes and fi. fas. now due. Section 4. Be it further enacted by the authority aforesaid, that all fees, commissions, and all other compensation allowed to the tax receiver and tax collector of Columbia 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 accrue to and be collected and be obtained by said county tax commissioner as his compensation as tax commissioner of Columbia County, Georgia. Compensation. Section 5. Be it further enacted by the authority of the aforesaid, that the term of office of said tax commissioner shall be four years, and the first election of county tax commissioner of Columbia County shall be held at the time fixed by the ordinary of Columbia County as now provided by law for filling vacancies and the office of tax commissioner of Columbia County shall be filled by appointment by the ordinary in the same manner as other county officers are appointed to fill vacancies as now provided by law. This appointment and election shall be as for an unexpired term expiring December 31, 1940, and the successor shall be elected at the regular general election held in November, 1940, and the person

Page 552

elected at such election in 1940 shall be for a term of four years. Term of office. Appointment and elections. Section 6. Be it further enacted by the authority aforesaid that before entering upon the duties of his office the said county tax commissioner shall take the oath now prescribed by law for the tax receiver and tax collector, and give the same bonds as are now or may hereafter be required of 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 suretyship on said bonds shall be paid out of the funds of Columbia County, Georgia, as a part of the expense of county government. Oath and bond. Section 7. Be it further enacted by virtue of the authority aforesaid, that said tax commissioner of Columbia County be and he is hereby required to make such reports to the State authorities as are now required or may hereafter be required of tax collectors and tax receivers of this State. Reports. Section 8. Said tax commissioner shall have an office in the court-house, which said office shall be kept open at all times except Sundays and legal holidays. Office. Section 9. Be it further enacted by the authority aforesaid, that if for any reason any portion of this Act shall be held by the court of last resort in this State to be unconstitutional, the whole of this Act shall not thereby become void, but only so much of the same as may be so held to be unconstitutional. Section 10. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 3, 1939.

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COWETA COUNTYNAMES OF TWO RESIDENTS CHANGED. No. 186. An Act to change the names of George Malcolm Smith and Herbert Watson Smith of the County of Coweta; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The name of George Smith, of Coweta County, Georgia, be and the same is hereby changed to and established as George Malcolm McNabb. George Smith. Section 2. The name of Herbert Watson Smith, of Coweta County, Georgia, be and the same is hereby changed to and established as Herbert Watson McNabb. Herbert Watson Smith. Section 3. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 16, 1939. DEKALB COMMISSIONER'S SALARY. No. 201. An Act to amend an Act approved August 15, 1927 entitled An Act to amend an Act approved August 20, 1925, entitled `An Act to amend an Act approved August 6, 1924, entitled an Act to amend an Act approved August 12, 1919, said Act approved August 12, 1919, being an Act to amend an Act entitled an Act to authorize the election of a Commissioner of Roads and Revenues for the County of DeKalb and to prescribe his powers, duties and compensation; to repeal the Act approved December 18, 1902, creating a Board of Commissioners of Roads and Revenues for said County and for other purposes' approved August 21, 1906, so as to increase the salary of said Commissioner of Roads and Revenues by striking from the second and third line of Section 2

Page 554

of said Act approved August 12, 1919 as amended by an Act approved August 6, 1924 the words and figures $3000.00 per annum and inserting in lieu thereof the words and figures $3600.00 per annum and for other purposes, and to strike the words and figures in the second paragraph of Section 1 of the Act approved August 15, 1927 $5000.00 per annum and inserting in lieu thereof the words and figures $6000.00 per annum, so as to increase the salary of said Commissioner of Roads and Revenues by changing said compensation from $5000.00 per annum to $6000.00 per annum and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that an Act approved August 15, 1927, amending an Act approved August 20, 1925, amending an Act approved August 6, 1924, amending an Act approved August 12, 1919, amending an Act approved August 21, 1906, entitled An Act to authorize the election of a Commissioner of Roads and Revenues, to prescribe his powers, duties and compensation; to repeal the Act approved December 18, 1902, creating the Board of Commissioners of Roads and Revenues for said County and for other purposes, which said Act approved August 15, 1927 is found in Acts of 1927, page 555, be and the same is hereby amended by striking from the first sentence of Section 2 of said Act approved August 12, 1919, as amended by the several Acts amendatory thereto, the words and figures Five thousand dollars $5000.00 and inserting in lieu thereof the words and figures Six thousand dollars $6000.00 so that in said Section 2 when thus amended shall read as follows: Said Commissioner shall receive as his entire compensation the sum of Six Thousand dollars ($6000.00) to be paid monthly out of the County Treasury upon warrants drawn upon the County Treasury as other warrants are drawn; but said commissioner shall be allowed also to employ

Page 555

a clerk and sufficient other clerical assistance, and pay for the same out of the county funds such reasonable compensation as he may determine and agree upon. Before entering upon the discharge of his duties said commissioner shall take and sign an oath before the ordinary of said county for the true and faithful performance of his duties as commissioner under this Act, which oath shall be recorded on the ordinary's minutes, and shall give a satisfactory surety bond, to be judged of by the ordinary of the county, the same to be payable to the ordinary or his successors in office, and filed in the office of ordinary and entered on his minutes, which bond shall be in the sum of ten thousand ($10,000) Dollars, conditioned for the faithful performance of the duties of the office; and for any violation of the condition thereof, said bond may be sued upon in the name of the county by the ordinary, either of his own motion or by direction of any grand jury of said county, and the commissioner and his sureties shall be liable on said bond for any breach thereof by way of malfeasance in office or any tort or wrong committed under cover of his office, as well as for neglect or nonfeasance. Compensation of commissioner. Clerk and other employees. Oath. Bond. Section 2. Be it further enacted by the authority aforesaid that this Act shall become effective and of force April 1, 1939. Section 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 18, 1939. DODGE COMMISSIONER'S CLERK. No. 14. An Act to amend that certain Act of the General Assembly of Georgia, at the extra session of 1937-1938 as published in the Acts of 1937-1938 for the extra session, page 800 et. seq., which Act amended the Act of 1912, page

Page 556

367 et. seq., as amended by the Act of 1925, (Georgia Laws 1925, pp. 630-631), and as further amended by the Act of 1929, (Georgia Laws 1929, p. 593) relating to the eligibility of Doge County Officers, by striking all of said amended Section 6, beginning with the words He is authorized to employ a clerk, on the 9th. line or sentence of said amended Section, and by substituting and inserting in lieu thereof the authority to employ a regular Clerk, and to fix the compensation of said regular Clerk, to define the eligibility of said Clerk, 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 6 of the Act of 1912, page 371, as amended by the Act of 1925, pp. 630-631, as further amended by the Act of 1929, p. 593, and as further amended by the Act of 1937-1938, page 800 et. seq., for the extra session of 1937-1938 be further amended as follows: (a) By striking all of said amended Section 6 as amended by the Act of 1937-1938 for the extra session, page 800 et. seq., beginning with the words He is authorized to employ a clerk, on the 9th. line or sentence of said amended Section, and Act of 1937-1938 amended. (b) By inserting and substituting in lieu thereof the following: Said Commissioner is authorized to employ a regular Clerk to keep his Minutes and books, and to perform such other duties as he may require, and said regular Clerk shall receive a salary of $100.00 per month, to be paid at the end of each month's service. Said regular Clerk shall not be ineligible to hold other official positions by reason of being such Clerk, but shall be eligible to hold the office of County Registrar, etc., and to receive compensation therefor. He is authorized to employ such labor as he deems wise and expedient, as may be necessary for the best interest of the County, and shall fix such

Page 557

reasonable compensation for such services as he may think proper. Clerk. Salary. May hold other office. Section 2. Be it further enacted that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 3, 1939. DODGE COUNTY PRIMARY ELECTIONS. No. 319. An Act to amend an Act approved March 24, 1937, (Georgia Laws 1937, p. 1312), regulating the holding of primary elections of all political parties in the County of Dodge, and for other purposes, by striking Section 1 of said Act and substituting in lieu thereof a new section providing when said primary elections shall be held for the selection of county officers; and to repeal Section 2 of said Act in its entirety; 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 an Act approved March 24, 1937 (Georgia Laws 1937, p. 1312), regulating the holding of primary elections of all political parties in the County of Dodge, and for other purposes, be and the same is hereby repealed, and a new section is hereby enacted in lieu thereof, to read as follows: That in the selection of candidates for county offices in and for the County of Dodge by any political party, the party authorities shall not call said election or fix the date of holding said election sooner than six months prior to the General Election as fixed by law, so that no primary election shall be held sooner than six months prior to the General Election. Time of holding primaries.

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Section 2. That Section 2 of the Act approved March 24, 1937, (Georgia Laws 1937, p. 1312), fixing the time for holding primary elections and fixing the closing date for primary elections in Dodge County, be, and the same is hereby, repealed in its entirety. Section 3. That all laws or parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved March 24, 1939. DODGE ORDINARYSALARY AS TREASURER. No. 314. An Act to amend an Act entitled an Act to abolish the office of Treasurer of Dodge County; to provide that the Ordinary of said county shall perform the duties of the office of County Treasurer; to provide compensation for services of the Ordinary; to fix the bond of Ordinary, and for other purposes. Said Acts approved August 16, 1920, and published in the Acts of 1920, page 510. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after passage of this Act, the Act of the General Assembly of 1920, and published in the Acts of 1920, page 510, abolishing the office of Treasurer of Dodge County, and providing that the Ordinary shall perform the duties of County Treasurer, said Act approved August 16, 1920, be and the same is hereby amended as follows: By striking the words Four Hundred Dollars in the third and fourth lines of sentence of Section 4 of said Act, and substituting and inserting in lieu thereof the words Six Hundred Dollars so that said Section 4 as amended will read as follows: That Ordinary of said county shall receive as compensation for the services required of him under this Act, the sum of Six Hundred Dollars per annum payable in monthly installments by warrants of the Commissioner of Roads and Revenues. Act of 1920 amended. Ordinary's salary as treasurer.

Page 559

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. Section 3. This Act shall be in force from and after its recommendation by the grand jury of said county. Approved March 24, 1939. DOUGLAS COMMISSIONERSCOMPENSATION. An Act to amend an Act approved December 22, 1937 creating a board of commissioners for Douglas County as contained in Georgia Laws extra session 1937-38 at page 803-812 inclusive: by providing for the fixing of the compensation of the individual members and the chairman of said commission; to fix a maximum limit for said commission; to repeal all laws and parts of laws in conflict herewith; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that an Act of the General Assembly of Georgia approved December 22, 1937, as contained in Georgia Laws, extra session, 1937-38 at pages 803-812 inclusive creating a board of commissioners for Douglas County be amended by striking the whole of Section 12 of said Act by inserting in lieu thereof to be known as Section 12 and to read as follows, to wit: Act of 1937-1938 amended. 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 at the first meeting held in January, or at such time as the board may determine, provided 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 during that year, provided however

Page 560

that the Chairman may in the discretion of the said Board receive compensation at the rate of $5.00 per day for services rendered the county while the board is not in session, provided that said Chairman shall not receive an aggregate amount in excess of $500.00 for services rendered and expenses incurred during any one year, as such Chairman. Compensation of commissioners. Section 2. This amendment shall become effective as of January 1, 1939. 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 March 6, 1939. DOUGLAS TREASURER'S BOND. No. 170. An Act to amend an Act approved July 27, 1925, fixing the salary of the County Treasurer of Douglas County, as appears in Georgia Laws of 1925, page 633, by providing that the Board of County Commissioners may pay for the bond of the County Treasurer out of the funds of the County, if they see fit to do so. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that an Act approved July 27, 1925, appearing on page 633 of Georgia Laws of 1925, be, and the same is hereby amended by adding a paragraph at the end of the first section of said Act as follows, to wit: Act of 1925 amended. Provided however, that the Board of County Commissioners may pay for the bond of the County Treasurer out of the funds of the County if they see fit to do so; so that said Act when amended shall read as follows, to wit:

Page 561

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 County Treasurer of Douglas County, Georgia, shall receive a salary of Four Hundred and Twenty Dollars ($420.00) per annum payable monthly, out of the tax fund levied to pay county officers. Salary of treasurer. Provided however, that the Board of County Commissioners may pay for the bond of the County Treasurer out of the funds of the County if they see fit to do so. Bond may be paid for by county. Section 2. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Section 2. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 9, 1939. EARLY COMMISSIONERSATTENDANCE OF SHERIFF. No. 45. An Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Early, approved March 24, 1933 (Georgia Laws 1933, pages 515-523) by striking therefrom the requirement that the sheriff of said county, or his deputy, shall attend board meetings, etc., and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. The Act of the General Assembly creating a Board of Commissioners of Roads and Revenues for the County of Early approved March 24, 1933 (Georgia Laws 1933, pages 515-523) be, and the same is hereby amended by striking from Section 6 of the said Act the following language: Act of 1933 amended.

Page 562

It shall be the duty of the sheriff of said county, or his lawful deputy, to attend all meetings of the said board held at the courthouse, for which service he shall be allowed $5.00 per day, payable by order upon the county treasury or depository Stricken. so that said Section 6 of said Act when amended will read as follows: Section 6. The said board of county commissioners shall hold a regular meeting on the first Tuesday in every month at the courthouse in said county, at the county seat, but they may hold special meetings at any time and at any place in said county that their duties may require. At all such meetings the chairman, if present, shall preside, but in all cases three members of said board shall constitute a quorum to transact business, and the concurrence of any three members shall decide all questions. The board at its first meeting shall elect one of their number chairman, whose duties as such shall be to preside at all meetings, and who shall retain his position during his term of office. Meetings of commissioners. Section 2. Be it enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 13, 1939. FANNIN COMMISSIONERCLERK'S SALARY. No. 278. An Act to amend An Act to create the office of Commissioner of Roads and Revenues of Fannin County; to name the person to fill such office from the passage of this Act until the first day of January, 1925; to provide for the election of his successor by the qualified voters of said county; to provide for filling vacancies which may occur; to fix his salary, define his powers and duties and for other purposes approved August 20th, 1920,

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(Acts of the General Assembly of this State, of 1920, pages 519 to 524, inclusive), by striking from line two of section 5 thereof the figures $600.00 and inserting in lieu thereof the figures $840.00. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that An Act to create the office of Commissioner of Roads and Revenues of Fannin County; to name the person who shall fill such office from the passage of this Act until the first day of January 1925; to provide for the election of his successor by the qualified voters of said county; to provide for filling vacancies which may occur; to fix his salary and that of the clerk to be appointed by him, define his powers and duties, and for other purposes, approved August the 10th, 1920, (Acts of the General Assembly of this State, of 1920, pages 519 to 524 inclusive) be and the same is hereby amended, by striking from line two of Section 5 thereof the figures $600.00 and inserting in lieu thereof the figures $840.00, so that said Section when so amended shall read as follows: Section 5. That the Commissioner shall appoint a clerk whose salary shall not exceed $840.00 per annum, to be paid monthly out of the county treasury, and it shall be the duty of said clerk to attend all business meetings pertaining to the office, and he shall keep in order the minutes of all transactions of the office, to file and keep in order of their date all original orders and papers, petitions, applications and other papers, addressed to the Commissioner concerning county business. The clerk shall also keep on record and in a separate book the payment of all money out of the county treasury or county depository by order of the Commissioner, giving the amount and date of such payments, and the persons to whom paid and for what purposes paid. Said clerk shall also keep a book showing a full detailed statement of all accounts or other indebtedness, contracted by the Commissioner. All the books, files and records required to be used or kept in the office of the Commissioner

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of Roads and Revenues shall always be ready and open to inspection of any tax payer of the County. Said clerk before entering upon the discharge of his duties shall be required to give bond and take the same oath as required by the Commissioner, which bond shall be in the sum of $1,000.00 payable to the said Commissioner for the faithful performance of his duties; said clerk shall hold said office at the discretion of the Commissioner. Act of 1920 amended. Salary of clerk. Duties. Bond. Section 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1939. FANNINFISHING. No. 345. An Act to amend an Act approved January 13, 1938 (Georgia Laws 1937-1938, page 817) by inserting the word Fannin after the word Rabun in the fourth line from the last in Section 3 of said Act so as to provide that fishing may be permitted in the ponds and lakes in Fannin County from April 15 to May 31, inclusive, in any year, the Director of Wild Life; 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 approved January 13, 1938 (Georgia Laws 1937-1938, page 817) providing for fishing in the ponds and lakes of Rabun, Habersham and Stephens Counties from April 15 to May 31, inclusive, be and the same is hereby amended by inserting the word Fannin after the word Rabun and before the word Habersham in the fourth line from the last in Section 3 so that when said Section 3 is so amended the same shall read as follows: Act of 1937-1938 amended. Section 3. Be it further enacted, that this inhibition shall not apply to the creeks and rivers and other running

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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, Fannin, Habersham and Stephens Counties from April 15 to May 31st, inclusive, in any year, the Director of Wild Life of the State of Georgia, may by regulation prescribe. Counties excepted. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1939. FULTON CHIEF DEPUTIES. No. 339. An Act to provide that in Fulton County, Georgia, the Ordinary, Sheriff, Clerk Superior Court, Tax Receiver, Tax Collector and County Treasurer may appoint a chief deputy, or chief clerk, or chief assistant as the case may be; to provide that such person so appointed may serve at the will and pleasure of the person appointing the same; to provide that in the event of a vacancy occurring in any of said offices the chief clerk, chief deputy or chief assistant, as the case may be, may fill out the unexpired term; to provide that this Act become effective upon the ratification of a constitutional amendment granting to such officers the authority to make such appointment; and for other purposes.

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Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the Sheriff, Tax Receiver, Tax Collector and County Treasurer in the County of Fulton shall be required to appoint from among the assistants in their respective offices a chief deputy, and upon making said appointment shall notify the Commissioners of Roads and Revenues for Fulton County, Georgia, who shall spread upon their minutes a copy of such appointment. In making said appointment said officers shall appoint such chief deputy at the will and pleasure of the officer making the appointment, the appointment in no event to extend beyond the term of office of the person making the appointment. If the person so appointed as chief deputy, as herein provided, resigns or if by revocation of the appointment, or for any other reason the appointment becomes vacated, the person here directed to make such appointment shall re-appoint a chief deputy and shall notify the Commissioners of Roads and Revenues of such re-appointment so that the same may be spread upon the minutes of such board. Appointment of chief deputy. Section 2. Be it further enacted by the authority aforesaid, That the County Treasurer serving in the County of Fulton shall likewise be required to appoint from among the assistants in the Treasurer's office a chief assistant treasurer in like manner as set out in the preceding section for the appointment of chief deputies mentioned in the preceding section of this Act, and the appointment of such chief assistant treasurer shall be spread upon the minutes of the Board of Commissioners of Roads and Revenues for Fulton County, Georgia, and be at the will and pleasure of the County Treasurer or person making the appointment, and in no event is the appointment to extend beyond the term of office of the person making the appointment. If the person so appointed as chief assistant treasurer, as herein provided, resigns

Page 567

or if by revocation of the appointment, or for any other reason the appointment becomes vacated, the County Treasurer shall re-appoint a chief assistant treasurer and shall notify the Commissioners of Roads and Revenues for Fulton County of such re-appointment so that the same may be spread upon the minutes of such board. Chief assistant treasurer. Section 3. Be it further enacted by the authority aforesaid, That the Ordinary serving in Fulton County shall be required to appoint from among the clerks in the office of Ordinary a chief clerk to said Ordinary and upon making such appointment it shall be spread upon the minutes of the Court of Ordinary of Fulton County, and shall likewise be spread upon the minutes of the Board of Commissioners of Roads and Revenues for Fulton County. In making said appointment said Ordinary shall appoint such chief clerk at the will and pleasure of the officer making the appointment, the appointment in no event to extend beyond the term of office of the person making the appointment. If the person so appointed as chief clerk, as herein provided, resigns or if by revocation of the appointment, or for any other reason the appointment becomes vacated, the person here directed to make such appointment shall re-appoint a chief clerk and notice of such re-appointment shall likewise be spread upon the minutes of the Court of Ordinary and the minutes of the Board of Commissioners of Roads and Revenues. Chief clerk to ordinary. Section 4. Be it further enacted by the authority aforesaid that the Clerk of the Superior Court serving in Fulton County shall be required to appoint from among the assistants in the office of said clerk a chief deputy clerk and upon making said appointment the same shall be spread upon the minutes of the Clerk of The Superior Court of Fulton County and shall likewise be spread upon the minutes of the Commissioners of Roads and Revenues for Fulton County. In making said appointment

Page 568

said officer shall appoint such chief deputy clerk at the will and pleasure of the person making the appointment, the appointment in no event to extend beyond the term of office of the person making the appointment. If the person so appointed as chief deputy clerk, as herein provided, resigns or if by revocation of the appointment, or for any other reason the appointment becomes vacated, the person so making the appointment shall re-appoint a chief deputy clerk and notice of such re-appointment shall be spread upon the minutes of the Superior Court of Fulton County and upon the minutes of the Board of Commissioners of Roads and Revenues for Fulton County. Chief deputy clerk of superior court. Section 5. Be it further enacted by the authority aforesaid, That from and after the passage of this Act whenever any vacancy occurs in any of the offices in Fulton County named in the preceding sections, to wit: the office of Ordinary, Sheriff, Clerk Superior Court, Tax Receiver, Tax Collector and County Treasurer, the person designated by said respective officers as chief clerk, or chief assistant, or chief deputy as the case may be, shall, upon qualifying for such office as provided by law, fill the unexpired term of such Ordinary, Sheriff, Clerk Superior Court, Tax Receiver, Tax Collector or County Treasurer, as the case may be. To fill unexpired terms in case of vacancy. Section 6. Be it further enacted by the authority aforesaid, That this Act shall take effect immediately upon the ratification of a constitutional amendment authorizing the General Assembly to provide that the Ordinary, Sheriff, Clerk Superior Court, Tax Receiver, Tax Collector and County Treasurer of Fulton County be required to appoint a chief clerk, chief assistant or chief deputy among such officers' assistants and to provide the term of service of such chief clerk, chief assistant or chief deputy and to provide that such chief clerk, chief assistant or chief deputy may in case of vacancies fill the unexpired term of the person so appointing such

Page 569

chief clerk, chief assistant or chief deputy; and should the constitutional amendment fail of ratification, then, in that event, this Act shall be of no force and effect. To take effect on ratification of amendment to constitution. Section 7. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 24, 1939. FULTON COMMISSIONERSTERM OF CLERK. No. 111. An Act to amend an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Fulton, and to define their powers and duties, and for other purposes, approved December 3, 1880, and to confer additional powers on said Board of Commissioners which said Act was approved September 20, 1881 and set out in Georgia Laws 1880-81 page 546, so as to prescribe that the clerk of the Board of County Commissioners shall be elected for a term of six years, the first said term beginning on the first Wednesday in October, 1939, and for other purposes. Section 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 11 of the Act of the General Assembly passed at the session of the General Assembly of Georgia of 1880-81, and published in Georgia Laws 1880-81 page 546, and which is entitled An Act to amend an Act entitled, An Act to create a Board of Commissioners of Roads and Revenues for the County of Fulton, and to define their powers and duties, and for other purposes, approved December 3rd, 1880, and to confer additional powers on said Board of Commissioners, and approved September 20, 1881, be and the same is hereby amended, so as to provide that the term of the Clerk of said Board of Commissioners of Roads and Revenues for Fulton County

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shall be for a term of six (6) years and the person elected to fill such office shall serve for a term of six (6) years or until his successor is appointed and qualified but said clerk shall be subject to removal at the pleasure of said board. Act of 1880-81 amended. Section 2. Be it further enacted by the authority aforesaid that the first term of six (6) years under the terms of this Act shall begin at the end of the term of the present incumbent, to wit: the first Wednesday in October, 1939 and that the person to succeed the present incumbent shall be elected for a term of six (6) years and until his successor is elected and qualified; such person so elected shall be subject to removal as in this Act provided. Term of clerk. Section 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act, be, and the same are hereby repealed. Approved March 3, 1939. FULTON COMMISSIONERSVACANCIES. No. 101. An Act to amend an Act creating the Board of Commissioners of Roads and Revenues for the County of Fulton approved December 3, 1880 and as amended by the Act approved September 29, 1881 and the Acts amendatory thereof and especially as amended by the Act approved February 27, 1933 and published in Georgia Laws 1933 page 535; so as to provide for the election of the members of the Board of said County Commissioners in the event of a vacancy thereon; 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 all vacancies that may occur on the Board of Commissioners of Roads and Revenues for the County of Fulton shall be filled for the remainder of the unexpired term by a majority vote of

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the remaining board members of said board. The person so named and elected by the majority of the remaining members of said board, provided such person is otherwise qualified, shall be commissioned as such Commissioners of Roads and Revenues for the County of Fulton and be entitled to serve the remainder of the unexpired term aforesaid. Vacancies on Board filled by remaining members. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 3, 1939. FULTON COUNTY PENSIONS. No. 105. An Act authorizing the Board of Commissioners of Roads and Revenues for Fulton County to establish rules and regulations governing the payment of pensions to county employees of said county; to provide how county employees may make application for retirement pay; to provide how employees may be classified; to provide the maximum amount of retirement pay or pension that any employee may receive; to provide how present employees may apply for retirement pay and how future employees may be authorized to do so; to provide for the method of raising funds for said purposes and the method and manner of how the same shall be raised; to authorize said commissioners to levy a tax for the purpose of paying pensions and to appropriate money therefor; to provide how the widows and minor children of employees killed in the service of the county may be subject to retirement pay or pension fund from said pension fund; to provide that employees of said county under the direct jurisdiction of the commissioners come under the terms of this Act; to provide that employees of other departments of the government may elect to come under the terms of this Act; and to provide how and under

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what conditions they may come under the terms of this Act; to provide that employees of the County School Department and elective officers are excluded from the terms of this Act; to provide that this Act shall take effect upon ratification of a proposed constitutional amendment granting to Fulton County the authority to establish a pension fund and to levy taxes therefor; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Commissioners of Roads and Revenues for Fulton County or other lawful county authority, in addition to their other duties and responsibilities placed upon them by law are empowered to establish rules and regulations governing the payment of pensions to county employees of Fulton County, as in this Act set out. Pensions to county employees. Section 2. Be it further enacted by the authority aforesaid, That it shall be the duty of the governing authorities of said county to pass on all applications from employees of Fulton County who may be injured, permanently disabled or incapacitated by old age or sickness for pension or retirement pay from Fulton County; and to pay same in the manner and form and under the conditions and limitations hereinafter set forth, and subject to the rules and regulations for the same which may be adopted by the Commissioners of Roads and Revenues for Fulton County. After the granting of such pensions, the pensions shall thereafter be paid under the supervision of said county authorities who may discontinue the same in the manner hereinafter set out and prescribed. County authorities to pass on applications. Section 3. Be it further enacted by the authority aforesaid, That the commissioners or other lawful county authority of Fulton County shall be authorized to create a pension fund in the manner and form set out in this Act and to levy taxes to pay the same, and to discontinue the

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payment of the same in the manner and form hereinafter set out and such other rules and regulations prescribed by the Commissioners of Roads and Revenues for Fulton County, Georgia. Pension fund. Section 4. Be it further enacted by the authority aforesaid, That the following classes of employees of said county shall be eligible to receive pensions under the conditions and limitations hereinafter set out and the following classes of pensions are hereby established: Classes of pensions. (a) Any regular employee of Fulton County (male or female) who has reached the age of sixty (60) years and who has served well and faithfully for a period of twenty-five years or more (of which said service five (5) years or more must have been immediately preceding the right of said employee to have benefits under this Act), may, upon application to the said Commissioners of Roads and Revenues for Fulton County be retired from active service, if in the opinion of the Commissioners of Roads and Revenues for Fulton County such employee is entitled to said retirement, and said employee if retired shall receive for the balance of his life one-half the amount of the salary paid such employee at the time of such retirement as a pension provided, however, that no pension shall exceed the sum of Fifty ($50.00) Dollars per month. (b) Any regular employee (male or female) of Fulton County who shall be permanently and totally disabled while in the performance of his duty as such employee, may be granted a pension by the Commissioners of Roads and Revenues for Fulton County, in an amount not to exceed one-half the salary paid to such employee by said commissioners; provided, however, that such pension shall in no event exceed the sum of Fifty ($50.00) Dollars per month; provided, further, that the permanent and total disability aforesaid shall be established by the sworn written statements of at least two competent, reputable and practicing physicians of Fulton County, one of whom shall be a regularly

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appointed county physician; and provided further, that said commissioners aforesaid in regular meeting assembled shall vote by a majority of said board in favor of granting said pension and retirement pay to such employee and such action of said board shall be spread upon the minutes of said board. The pension provided for in this paragraph may be granted irrespective of the term of service of such employee. Section 5. Be it further enacted by the authority aforesaid, That all employees of Fulton County who may come under this Act as hereinabove set out and as hereafter set out and who shall be eligible for a pension under the terms hereof shall from and after the date hereinafter set out contribute two (2%) per cent. of his or her monthly salary to the pension fund of said county. Said pension fund shall be paid over to the Treasurer of Fulton County as a trust fund for said employees who come under this Act and who may contribute to the same. Said pension fund shall be managed and administered by said Commissioners of Roads and Revenues for Fulton County, Georgia. Should any employee of said county who has contributed to said fund die, resign or be dismissed from the service of said county, seventy-five (75%) per cent. of the amount of his contribution to said pension fund shall be returned to said employee in this event; provided at the time of such dismissal, resignation or death no pension has ever been granted to such employee. Should any employee of Fulton County who has resigned or been dismissed from the service of Fulton County and who has been paid the amount hereby authorized to be paid to such resigned or dismissed employee, he or she shall not be eligible for a pension again unless and until such employee repays into such pension fund the amount that was heretofore withdrawn by him or her from said fund. After an employee is granted and begins to receive a pension such employee shall no longer be required to contribute to the pension fund. Contribution to fund by employees. Management of fund.

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Section 6. Be it further enacted by the authority aforesaid, That upon the effective date of this Act it shall be lawful for the said Commissioners of Roads and Revenues for Fulton County to deduct from the monthly salary of the employees who are eligible to receive pensions under this Act two (2) per cent. of said monthly salary and place the same with the Treasurer of said county as a pension fund aforesaid. The amount or amounts of money which each of said employees thus contributes to said pension fund and which is thus deducted from the salary of said employee shall not be subject to garnishment or other process, nor shall it be subject to assignment by said employee. Contributions deducted from salaries. Section 7. Be it further enacted by the authority aforesaid, That upon the death of any county employee who is eligible to receive a pension under the terms of this Act, and who has contributed to said pension fund in this Act set out, that it shall be lawful for the said Commissioners of Roads and Revenues for Fulton County to pay to the duly constituted executor, administrator or other lawful representative of said deceased person such sum as said employee may have contributed to said pension fund less twenty-five (25) per cent. thereof (provided said deceased employee has never received any pension or retirement pay under the terms of this Act and the rules and regulations of the commissioners in carrying out the terms of this Act). Refund of contributions in case of death. Section 8. Be it further enacted by the authority aforesaid, That supplementing said pension fund contributed and paid as aforesaid by said employees of Fulton County, there shall be an amount appropriated by the Commissioners of Roads and Revenues for Fulton County, which shall be sufficient at all times to pay any and all pensions which may be granted under the terms and provisions of this Act. And the said Commissioners of Roads and Revenues for Fulton County are hereby authorized and empowered

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to levy taxes and appropriate money for the purpose of supplementing the said pension fund and paying pensions to its said employees under the terms and provisions of this Act. Supplement to fund. Section 9. Be it further enacted by the authority aforesaid, That nothing in this Act shall be construed to deprive any present employee of the Commissioners of Roads and Revenues for Fulton County, of the number of years of service in the employ of said county which he or she has to his or her credit in determining the right of such employee to a pension at any time hereafter. The number of years which any employee of said county who is eligible to a pension and who comes under the provisions of this Act, has heretofore served in the employ of Fulton County, shall be preserved and shall be counted and computed to his or her credit and in his or her behalf when said employee applies for a pension under the terms of this Act and under any of the classes herein established. Time of previous employment to be credited. Section 10. Be it further enacted by the authority aforesaid, That upon the death of any pensioner of any of the classes set forth in this Act, his or her pension shall cease and determine and shall not continue to be paid to his or her heirs, executors or administrators. Pension to cease on death of pensioner. Section 11. Be it further enacted by the authority aforesaid, That if any regularly appointed and acting county policeman, or other employee of said county, shall be killed in the performance of such employee's duty as such policeman, or such other employee, his widow (and in the event he leaves no widow, his dependent minor children) shall be eligible to receive a pension under the existing laws pertaining to pensions for employees of said county, such pension in no event to exceed the sum which said policeman, or other employee, would be eligible to receive under the terms of this Act setting out how such employees are to receive pensions; said sum to be paid to the widow, only so long as she remains unmarried; and in the event it is

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paid to dependent minor children it shall be paid only during such dependency and such minority; provided that in no event shall any benefits be paid hereunder to a minor child of such deceased employee, who may have contracted marriage or who may thereafter contract marriage before their said minority ceases. Pension to widow when death occurs in line of duty. Section 12. Be it further enacted by the authority aforesaid, That the employees who come under the terms of this Act and who are to receive the benefits of this Act are such employees of the County other than elective officers and the deputies and employees of such elective officers and it is intended that this Act shall be mandatory in its application to such employees as in this section named, that is, the employees directly employed by the Board of Commissioners of Roads and Revenues for Fulton County, Georgia. Eligible employees. Section 13. Be it further enacted by the authority aforesaid, That as to any of the employees that come under the terms of this Act, and as to which the Act is mandatory, upon their reaching the age of sixty-five (65) years and that have served twenty-five (25) years with the county, whether continuous or not, they may be retired by said Board of Commissions of Roads and Revenues for Fulton County, Georgia, and receive on such retirement thereafter for the balance of the term of their natural lives the same monthly pay that they would be entitled to had they voluntarily applied for retirement. Retirement. Section 14. Be it further enacted by the authority aforesaid that the employees of the county, other than officers elected by the people, such as deputies, clerks in the various departments where the heads of such departments are elected by the people, and the other personnel of the county who are not directly under the control of the Board of Commissioners of Roads and Revenues for Fulton County (and other than the employees in the Welfare Department) may at their option come under the terms of this Act. Optional participation.

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It is intended by this section to grant to such of the personnel as are named and described in this section, and such persons belonging to the class as may be described herein, the right, or option, to contribute two (2%) per cent. of his or her salary to such pension fund and to come under the terms of this Act in all particulars just as if such person was a member of the class as set out in Section 12 hereof. This option, however, must be exercised by such person within sixty (60) days after this Act begins to operate, that is sixty (60) days from the 1st of July, 1939. Thereafter if any new employee enters the county service in the class in this section described, such new employee will have sixty (60) days from the beginning of his or her employment likewise to exercise said option and come under the terms of this Act. Once exercising said option such employees are entitled to all the rights and privileges and benefits under this Act and are subject to all the conditions of this Act to the extent of being retired at sixty-five (65) years of age if subject to such retirement as set out in this Act. Section 15. Be it further enacted by the authority aforesaid, That the Commissioners of Roads and Revenues for Fulton County, shall have authority and power to enact by ordinance, resolution or other formal action, any and all reasonable rules and regulations which it may deem necessary for the proper administration and enforcement of this Act with reference to pensions and retirement fund. Rules and regulations. Section 16. Be it further enacted by the authority aforesaid, That from and after the passage of this Act if any employee of the Commissioners of Roads and Revenues for Fulton County, after having been placed on the pension roll of Fulton County and being granted a pension under the terms of this Act and the rules and regulations hereunder, does thereafter become an employee of any department of the government, whether national, state or

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municipal or another county, then and in that event his or her said pension ceases and it shall be unlawful for any pension to be thereafter paid to said employee; nor shall it be lawful for the governing authorities of Fulton County to thereafter revive and recommence to pay said pension under any circumstances. Other government employment. Section 17. Be it further enacted by the authority aforesaid that the Commissioners of Roads and Revenues for Fulton County be and they are authorized to commence the payment of pensions and may collect the monthly amount to be paid from said employees from and after July 1, 1939; provided, however, that if the ratification of the constitutional amendment mentioned in the next succeeding section does not take place in time for this Act to take effect July 1, 1939 as in this section set out, then and in that event this Act is to take effect within thirty (30) days after such ratification. Effective date and proviso. Section 18. This Act shall take effect upon the ratification of a constitutional amendment allowing Fulton County to adopt pension systems and should the constitutional amendment fail of ratification, then, in that event, this Act shall be of no effect. Section 19. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 3, 1939. FULTON COUNTY SEWERAGE SYSTEM. No. 129. An Act authorizing Fulton County and the governing authorities thereof to establish and administer a sewerage system and to levy assessments therefor, and to create and establish a Sewer Department for Fulton County; to carry into effect an amendment to the constitution relating to the authority of Fulton County to establish

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and maintain a sewerage system; to authorize the governing authorities of Fulton County to construct and maintain sewer lines and sewer disposal plants; to authorize said authorities to establish the necessary personnel for such service; to authorize said authorities to establish the necessary personnel to establish and maintain the sewerage systems; to provide for a method of laying sewers and to authorize said county authorities to assess property therefor; and to provide methods for the enforcement of liens against property for such assessments and to authorize and provide methods of collection of fi. fas. for such improvements; to authorize the county authorities of Fulton County to provide rules and regulations and to promulgate the same in regard to the construction, establishing and maintaining of sewerage systems and the operating of sewer lines and sewer disposal plants; and for other purposes. Section 1. The purpose of this Act is to carry into effect the constitutional authority granted to Fulton County in the amendment to the Constitution of Georgia as contained in the resolution submitting said amendment to the electorate, and as published in Georgia Laws 1929, beginning on page 135, in so far as said county's authority to establish and administer a sewerage system is concerned and for the purpose of levying assessments on property therefor. Purpose Section 2. The Board of Commissioners of Roads and Revenues for Fulton County or other county authority are authorized to establish and create a Sewer Department, for the purpose of constructing, maintaining and operating all sewer lines and sewerage disposal plants now or hereafter belonging to Fulton County or coming under the jurisdiction of said county. The jurisdiction of said Sewerage Department of Fulton County shall extend only to the territory outside the corporate limits of municipalities in Fulton County. Sewer department.

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Section 3. The county authorities of Fulton County are authorized to designate and employ some fit and proper person to take charge of said Sewer Department, confer upon him and his assistants and such other employees as may be necessary such authority as the commissioners see fit and proper not inconsistent with this Act, and grant unto the department or head of the department of such other authorized person full and complete authority or such authority as to the said commissioners may seem proper in carrying out the terms of this Act and in carrying out such contracts as may be in existence in Fulton County in regard to sewers. Authority of department. Section 4. Said Commissioners of Roads and Revenues for Fulton County or other county authority are given complete and full authority to lay sewers in any designated area, which is included within the territory outside of the corporate limits of the municipalities of said county. The term designated area referred to herein shall be construed as referring to any tract of land or any subdivision thereof, whether abutting public roads or otherwise, which by virtue of its topography or other reasons may be treated as a designated sewer area for sewer purposes. The Commissioners of Roads and Revenues aforesaid or other county authority shall be the sole judge of the boundary or extent of such sewer lines, but they may, by regulation, prescribe that the head of such Sewer Department or other person designated may be judges of such boundary or limits. Sewer areas. Section 5. Before proceeding to the construction or laying of a sewer in any designated area determined upon the county authorities aforesaid or someone by regulation designated by the county authorities shall set a date for a hearing on such proposed sewer laying or construction and publish notice thereof in the newspaper in the County of Fulton where sheriff's advertisement is published at least ten (10) days prior to the date of said hearing, which

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said hearing is to take place before the Commissioners of Roads and Revenues for Fulton County; further notice shall be given by the same authority to the known owners of the property or tracts of land in said designated area of the time and place of such hearing, and notice by mailing same to the last known place of address, or to the place of address on the tax returns of said owners shall be deemed sufficient notice, said notice shall be mailed at least ten (10) days prior to the time of such hearing. Notice of sewer construction. Section 6. At the hearing provided for herein it shall be in order for any person by himself, agent or attorney, whose property and interests are affected, to present such evidence in objecting to such sewer laying as may be relevant to the question involved. The Commissioners or other county authority shall at such meeting or any adjourned meeting take such action as to them seems best. If the commissioners or other county authority decide in favor of such construction of said sewer such action shall be construed as a public necessity for the construction thereof, and of all matters necessary to the construction of the same, and the assessment of the costs thereof against the abutting property and the owners thereof. Objections. Section 7. Such commissioners or other county authority shall provide by regulation for the determination of the cost of the laying of any such sewer in any designated area and for determining the proportion of cost to be assessed against the property and the owners so that the cost of same may be equitably distributed against the property and the owners thereof to be served. Distribution of cost. Section 8. The county authorities of Fulton County after determining the cost of construction of said sewer, including the cost of acquiring right-of-way if any is to be acquired, and all costs necessary therefor including the cost of engineering, supervision and inspection, shall

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proceed to lay and construct the same either by their own forces, or public works department, or by contract as in their judgment seems best. Construction. Section 9. The county authorities aforesaid, after the laying and construction of any sewer in any designated area may prescribe regulations for the making up of an assessment roll properly describing said sewer line and how the owners of the abutting property are to be assessed with the total cost of construction of any given project. Assessment roll. Section 10. All assessments for the cost of construction of sewers against property and the owners thereof shall be liens against the property served by the sewer from the date of the adoption of the resolution authorizing said sewer line. Liens. Section 11. Said county authorities shall provide by regulation for a sewer improvement docket for the listing of property owners and property in the amounts assessed thereon; and shall have authority to establish by regulation how such assessments may be paid and they may provide that the same be paid in two or more annual installments (not exceeding three annual installments) and said county authorities shall provide by regulation for the due date of such installments and payments and the right to provide by regulation that executions may issue for the collection of such assessments, same to be signed by the Clerk of the Board of Commissioners of Roads and Revenues for Fulton County, Georgia, and the name of such Clerk of the Board of Commissioners of Roads and Revenues for Fulton County or other designated officer, so designated by regulation affixed thereto, such fi. fas. to be issued in the name of Fulton County. Payment of assessments. Section 12. Fi. Fas. issued for assessments as in this Act provided shall be turned over to the Sheriff for collection as other fi. fas. and in the event the defendant in

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fi. fa. shall claim that the amount thereof, or some part of same is not owing, or that the same is proceeding illegally, he may file illegality thereto, and the procedure thereon, in this event shall be the same as provided for illegalities in case of tax fi. fas. Fi. fas. Section 13. The county authorities aforesaid shall have authority to charge a reasonable sum for the maintenance of said sewer after the same is laid in addition to the cost of construction and this authority can be exercised by charging a flat rate for each service connection to be provided for by regulation taking into consideration the kind of building to be served or an annual maintenance charge may be made by said county authorities as in their judgment seems best. The county authorities will provide by regulation the method and manner of collecting for such maintenance service and for the issuance of fi. fas. for the collection thereof if necessary. Service or maintenance charge. Approved March 4, 1939. FULTON PLANNING COMMISSION CREATED. No. 65. An Act to create and establish for Fulton County, a County Planning Commission and Board of Zoning Appeals, and to authorize the Board of Commissioners of Roads and Revenues for Fulton County to create a County Planning Commission; to authorize said County Planning Commission to exercise the authority conferred upon them by law with reference to zoning property in said county; to provide that said planning commission may recommend to the Board of Commissioners a comprehensive plan of zoning; to provide that said Board of Commissioners may adopt the comprehensive zoning plan; said county authorities may

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provide a method and manner of carrying out the terms of this Act; to provide that said county authorities may pass rules and regulations governing the zoning of property in Fulton County; to provide a method of electing the personnel to the County Planning Commission and to the Board of Zoning Appeals; to provide authority for said Board of Commissioners of Roads and Revenues for Fulton County to appropriate funds to provide for the personnel in carrying out the terms of this Act; to provide that said planning commission may administer the present law now in force until such time as such comprehensive plan for zoning is adopted; to provide that upon the adoption of said comprehensive plan this Act is to take effect; 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 Board of Commissioners of Roads and Revenues or other governing authority, of Fulton County, Georgia, shall have the power and authority to create a County Planning Commission, which said commission shall consist of four (4) citizens to be appointed by said Board of Commissioners of Roads and Revenues of said county or other county authority, with the chairman of said Board of Commissioners of Roads and Revenues as an ex-officio member thereof and the Clerk of said Board of Commissioners of Roads and Revenues for Fulton County as an ex-officio clerk thereof. Organization of planning commission. Section 2. Said County Planning Commission shall have all the powers hereinafter set forth, shall have such other powers as may be proper and consistent with the operation of said commission, shall have such additional powers as may by resolution of said Board of Commissioners of Roads and Revenues for Fulton County from time to time be conferred thereon not inconsistent with the terms of this Act or the laws of this State, now or

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hereafter existing; the power and authority granted to said Planning Commission and to be granted them from any other source, as well as the power granted by the Board of Commissioners of Roads and Revenues, or any other county authority, is to be exercised only in the unincorporated areas of the county (that is outside any incorporated municipal limits). An office shall be provided for said Commission in the Court House of said county at which said Commission may hold its meetings, transact its business and keep its records. Said Commission shall have the power and authority to employ consulting advisors who may be experts or well-informed persons on county and municipal planning and such other help and personnel as may be necessary and to pay for such services, including any other expenses that may be necessarily incurred, and the expense of its members in the performance of their duties under the direction of said commission; all such expenses are here authorized to be paid out of such funds as may be appropriated to said County Planning Commission by the Board of Commissioners of Roads and Revenues of Fulton County, Georgia, in its discretion. Powers. Office in court house. Section 3. It shall be the duty of said County Planning Commission, and they shall have power to recommend or make suggestions to the Fulton County Commissioners or other authority concerning the laying out, widening, extending, and location of streets, boulevards, roads and highways; the location of parks and playgrounds; the relief of traffic conditions, traffic congestion; the development of housing and supervision of sanitary conditions; and the establishment of zones or districts. Further, it shall be the duty of said Planning Commission to consider and make recommendations and suggestions to the Commissioners of Roads and Revenues of Fulton County, Georgia, concerning the use, height, area, and kind of buildings or structures to be erected in the various sections of said county; to study and propose such regulations as

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may be advisable for the promotion of the business interest, health, morals, safety, comfort, convenience and welfare of said county. Duties. Section 4. Said Planning Commission and the governing authorities of said county shall at all times in carrying out the power and authority herein given bear in mind the unincorporated area over which they have jurisdiction and cooperate in so far as possible with the governing authorities of the City of Atlanta or other authorities in carrying out the powers that may be granted or may hereinafter be granted from any source. Said Planning Commission shall have authority to investigate and make recommendation to the governing authorities of said county concerning all plans for sewers, both sanitary and stormwater wherever placed in any property, subdivision or lots developed for sale. Whenever said county undertakes the erection of any public building (other than school buildings), the governing authorities of said county shall refer the plans and specifications for such building or buildings or public improvements to the Planning Commission for consideration and recommendation. Cooperation with City of Atlanta. Recommendations in regard to sewers and public buildings. Section 5. The Board of Commissioners of Roads and Revenues for Fulton County, Georgia, are authorized and directed to make such appropriation to the County Planning Commission for the carrying on of its work as in the judgment of such Board of Commissioners of Roads and Revenues of Fulton County may be deemed advisable. Appropriation. Section 6. Immediately upon the approval of this Act the Board of Commissioners of Roads and Revenues for Fulton County shall elect the members to comprise said Planning Commission, being four (4) in all, (together with the chairman of said board as ex-officio member thereof and the clerk of said board as ex-officio clerk of said commission) and in electing them they shall designate that the terms of two of said members shall expire on

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January 1, next thereafter, and that the terms of two of said members shall expire on January 1, 1942. As the terms of said members of said Planning Commission expire their successors shall be elected for a term of four (4) years. Members and terms. Section 7. Said Planning Commission shall prepare and submit to the Board of Commissioners of Roads and Revenues for Fulton County a comprehensive plan for zoning said county, for the purpose of suggesting the proper location of streets, apartment houses, dwellings and other uses of property or land, the height of buildings, the area of the lot to be occupied, the provision of yard space and the fixing of building lines. It is not intended by this provision to vest in this Planning Commission, or for that matter, in the Board of Commissioners of Roads and Revenues, authority to forthwith adopt a planning or zoning resolution. Said Board of Commissioners of Roads and Revenues of Fulton County, may, however, receive from said planning Commission a comprehensive plan for zoning and then proceed to adopt the same as hereinafter provided. Zoning plan. Section 8. Upon receipt of the comprehensive plan herein mentioned from said County Planning Commission the Board of Commissioners of Roads and Revenues of Fulton County, Georgia, may accept or reject the report; they may adopt an entirely new plan or they may adopt the plan of the said Planning Commission in modified form. Before proceeding to the consideration of such an adoption, however, the county authorities shall advertise once a week for four weeks in a newspaper published in said county the fact that on a given date they will proceed with the consideration of the plan offered by the Planning Commission, so that the public may be informed of the action contemplated by the said county authorities. On the day named in the notice they shall proceed to the adoption of said plan (in modified form if they so desire)

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or some other plan of their own and may continue the hearing from day to day or to any named day until they take final action on the same. Adoption of zoning plan. Section 9. After the adoption of said comprehensive plan or zoning resolution herein provided for, the same may be modified, amended and designated areas therein changed and the rules governing the erection and construction of buildings modified and changed in the following manner: Said Planning Commission may submit to the county authorities of Fulton County, Georgia, any recommendation as to change. Said commission upon receipt of such a suggestion or report shall set a time (day and hour) for the hearing of said proposed change and give notice to the public thereof by publishing notices in the newspaper in said county in which the sheriff's advertisements are published once a week for at least three weeks. On the day and hour appointed the Commissioners of Roads and Revenues of Fulton County shall proceed to hear and determine the recommendation of said Planning Commission in this regard and dispose of the same. They have the right to continue the hearing from day to day or to any named day as in their discretion they may deem it advisable. Said commissioners of Roads and Revenues of Fulton County, Georgia, may on their own motion (without recommendation from the Planning Commission) proceed to modify or amend such zoning or planning resolution as may have been established and make such modifications or amendments as they may see fit, provided they proceed first by passing a formal resolution that they will on a certain day named proceed to consider such amendment, modification or change and give notice thereof in the same manner as provided herein, for other notices. Method of amending zoning plan. Section 10. The County Planning Commission shall adopt such rules and regulations as they may deem advisable for the governing of their commission and adopt

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such rules and regulations as they may deem advisable for the public to appear before said Planning Commission and be heard as to any changes, modifications or amendments to any planning or zoning resolution that may have been passed by any county authority; and they may require a deposit of such advertising costs or other costs as they may in their discretion see fit, before they will conduct a hearing in regard to any application in regard to any change, modification or amendment and before they will recommend the same to the Commissioners of Roads and Revenues of Fulton County, Georgia. Rules of Commission. Public hearings. Section 11. The Board of Commissioners of Roads and Revenues for Fulton County, Georgia, may, in the interest of public health, safety, order, convenience, comfort, prosperity or the general welfare of the community, adopt by resolution a plan or plans for the districting and/or zoning of the territory and land in Fulton County, Georgia, (outside of incorporated areas), for the purpose of regulating the location of businesses, trades, industries, residences, apartment houses, hotels, dwellings, outhouses, or any other uses of property or land, or for the purpose of regulating the height, kind and dimensions of buildings or other structures; also they may prescribe for the same purposes the area or dimensions of the lots and the yards used in connection with any buildings or structures to be erected and occupied for any purpose set out in this section; or they may in their discretion regulate the alignment of buildings and structures and prescribe their distance from the street along the front thereof. The zoning regulations made may be based on any one or more of the purposes above described. The county may be divided into such number of zones or districts and such districts may be of such shape and area as the county authorities may deem best suited to attain the purpose of the zoning regulations. Such county authorities may go into congested areas and prescribe zoning regulations for any part of or all of such congested areas and they are

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to be the judges of where such congested areas may be and the extent and limitations thereof. 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 or land, the number of persons, families or other group units to reside in or use such buildings, the public, quasi-public, or private nature of the use of the premises or land, or upon any other basis or bases relevant to the promotion of the public health, safety, order, morals, convenience, prosperity, or welfare of the community. Zoning districts. Section 12. For the reasons herein stated said county authorities shall have the 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 county and the residents thereof. Residential restrictions. Section 13. No resolution adopting zoning regulations as above authorized shall be passed by the Commissioners of Roads and Revenues of Fulton County, Georgia, until after a comprehensive plan for the zoning of the county has been prepared and submitted to the Commissioners of Roads and Revenues of Fulton County by the Planning Commission; and the same may be adopted modified or repealed, provided notice is given thereof in the same manner as provided for modifications and changes as in this Act set out. Plan to be submitted before resolution adopted. Section 14. The zoning regulations here authorized and adopted by said county authorities shall be administered by the inspector of buildings and/or some other designated official under the rules and regulations of the Board of Zoning Appeals. Administration.

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Section 15. The Board of Commissioners of Roads and Revenues for Fulton County are authorized to create a Board of Zoning Appeals which said Board shall hear and decide appeals from, and review any order, requirement, or determination made by, the inspector of buildings in the enforcement of zoning regulations or made by any other official of the county to whom the enforcement of these regulations may be delegated. The Board of Zoning Appeals in its administration of said regulations may permit an exception to the regulations herein provided for and shall lay down rules and regulations for hearings on petitions for such exceptions to the said regulations, and grant or reject the same as in their judgment may seem best. Board of Zoning Appeals. Section 16. The Board of Zoning Appeals here authorized shall consist of any number of citizens (not exceeding) four (4) appointed by the Board of Commissioners of Roads and Revenues of Fulton County, Georgia, in the same manner and at the same time as the Planning Commission may be appointed. Said Commissioners of Roads and Revenues if they see fit may declare that the Planning Commission may exercise all the functions of the Board of Zoning Appeals and if they so determine such Board of Zoning Appeals will be the same as the Planning Commission until such time as the Board of Commissioners of Roads and Revenues of Fulton County may see fit to change the same and appoint a separate personnel for said purpose. Personnel of appeal board. Section 17. Every decision of the Board of Zoning Appeals in the administration of the authority hereinabove set out and in the administration of zoning regulations of said county shall be subject to writ of certiorari issued from the superior court upon the same terms as such writs are issued in any case. Certiorari from superior court. Section 18. Be it further enacted by the authority aforesaid that any property in Fulton County heretofore

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zoned by any proper authority heretofore existing shall not be changed or upset by reason of the authority here given for the zoning or planning; but all said property shall remain zoned as if this Act had not been passed until such time as the proper county authorities, may, in their discretion re-zone said property, and when so re-zoned for said purpose it shall be done under the authority and in the manner here prescribed. Previous zoning. Section 19. 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, or violating any regulations of any county authority made in pursuance 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, in misdemeanor cases. Punishment for violation of Act. Section 20. Be it further enacted by the authority aforesaid that every violation of the terms of this Act by any person, firm or corporation or a violation by such parties of the rules and regulations prescribed by the county authorities in pursuance with this Act shall be termed a nuisance and a continuing nuisance so long as such violation may be continued and such violation may be subject to abatement as a nuisance as provided by the laws of this State. Violation a nuisance. Section 21. Be it further enacted by the authority aforesaid that the authority herein given to the county authorities under the terms and conditions of this Act may be enforced by the county, or proper county authority, by injunction or otherwise. This authority is cumulative and is not to be construed as curtailing the right of any person, firm or corporation, resident, property owner or other persons, of bringing any proper action for the enforcement of this Act or of such rules and regulations as may be promulgated by county authorities in pursuance of this Act. Injunction.

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Section 22. Be it further enacted by the authority aforesaid that until the adoption of a comprehensive zoning plan by the authorities of Fulton County which is provided for in this Act, that the present laws of force and effect in said county concerning zoning shall remain of force and effect; it being contemplated by this Act that the present zoning law for Fulton County passed at the Extraordinary Session of the General Assembly of Georgia (Acts Extraordinary Session 1937-38 p.....) are to remain in force and effect until the time herein set out; namely: upon the adoption by said Board of Commissioners of Roads and Revenues of Fulton County of a comprehensive zoning plan as provided for in this Act; and that in the meantime said present law is in no wise amended, modified or repealed except in the following manner: it is hereby specifically provided that immediately upon the approval of this Act the commissioners may elect and set up and organize the County Planning Commission provided for in this Act, and that said County Planning Commission shall immediately take over the duty of receiving applications, conducting hearings and administering the present zoning regulations under the Act passed at the Extraordinary Session aforesaid, under such rules and regulations as may be prescribed by said Board of Commissioners of Roads and Revenues for Fulton County, Georgia; such petitions for zoning as may be pending before the board of Commissioners of Roads and Revenues for Fulton County, Georgia may be transferred by the Board of Commissioners to the county planning Commission with a definite date fixed for their hearing so that those interested may be notified. On the day and hour named by the Board of Commissioners of Roads and Revenues for the hearing of such pending petitions the County Planning Commission may proceed to hear them or if in their judgment it so desires postpone them until a definite time for such hearing. The County Planning Commission in administering the present law

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will keep minutes or records and return a record of its findings to the Board of Commissioners of Roads and Revenues for Fulton County so that the same may be spread upon the minutes of said board. Present zoning laws of force until provisions of this Act are carried out. Section 23. 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 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. Section 24. The rules and regulations adopted by the Planning Commission here authorized, or the governing authorities of Fulton County shall have the force and effect of law; and said Planning Commission and said governing authorities being hereby clothed with all of the authority which the General Assembly can grant to such authorities and such Planning Commission under the laws of the State of Georgia. Grant of authority. Section 25. This Act shall take effect upon its approval. Effective date. Section 26. Be it further enacted that all laws and parts of laws in conflict with this Act are hereby repealed. Approved February 21, 1939. GLASCOCK BOARD OF COMMISSIONERS CREATED. No. 10. An Act to create a Board of Commissioners of Roads and Revenues in and for the County of Glascock; to name the members thereof until their successors are elected

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and qualified; to provide for the election of members of said Board; to prescribe the qualifications, jurisdiction, duties, powers, compensation and term of office; to authorize said board to create and fill such offices and positions as may be needed in said county; to define the duties, fix the compensation and provide for the election and removal of such agents and employees by said board as the board may deem proper; to provide that no member of said board shall be eligible to be an employee of the county or to act in any capacity for said county, except as a member of the board, or hold any other office or position in said county; to provide for four road districts in said county, to provide for five members of said board; to provide that one of said members shall be from the county at large, and to provide that upon his election and qualification, he be Chairman 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 the authority of the same; that a Board of Commissioners of Roads and Revenues for the County of Glascock is hereby created to consist of five members, who shall be qualified voters of said county. Five commissioners. Section 2. Be it further enacted by the authority aforesaid, that for the purpose of this Act, the County of Glascock shall be divided into four road districts, as follows: District number one, shall be composed of the 1167th., District, G. M.; District number two shall be composed of 1168th., District, G. M.; District number three shall be composed of 1169th., District, G. M.; District number four shall be composed of 1234th., District, G. M., of said county. Road districts. Section 3. Be it further enacted by the authority aforesaid, That the following named persons are hereby appointed, constituted and made Commissioners of Roads and Revenues for said County of Glascock under this Act,

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as follows: Henry G. Sammons, from the first district E. E. Hadden, from the second district, Levi Kitchens, from the third district, Julius Wilcher from the fourth district, and W. B. Chalker, from the county at large. The Commissioner from the county at large shall always be the Chairman of said Commissioners. The Commissioners, above appointed and constituted, shall hold office until January the first, 1941, and until their successors are elected and qualified, as hereinafter provided. Provided however, if any one or more of the persons herein appointed, constituted and made Commissioners, shall fail, neglect or refuse to qualify as a Commissioner or Commissioners, then and in that event, a vacancy shall deem to exist and the Governor of Georgia shall fill said vacancy or vacancies by appointing some other qualified person or persons as Commissioner or Commissioners. Commissioners named. Section 4. Be it further enacted by the authority aforesaid that the terms of office of said named Commissioners shall expire on the first day of January, 1941, and their successors shall be elected in the general election for State and County officers, to be held in and for said County of Glascock, in November 1940. The Commissioners of Roads and Revenues so elected in the general election for State and County officers of 1940, shall qualify and assume the duties of office on the first day of January, 1941. They shall each hold office for terms as other county officers and until their successors are elected and qualified. At elections for State and County officers, one member of said Board of Commissioners shall be elected from each of the four road districts, and one from the county at large, and no member shall be elected from any road district, unless he is a bona fide resident of the same, and has been for at least twelve months prior to his election, but each member shall be elected by the voters of the entire county, and not by the voters of his district alone. Election of commissioners. The Commissioner county at large, may reside in any road district of said county. The candidate in each of the

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four districts receiving the largest number of votes in the county shall be declared elected, and likewise, the candidate receiving the largest number of votes for Commissioner county at large, shall be declared elected. Section 5. Be it further enacted by the authority aforesaid, That should a vacancy from death, resignation, removal from the county, district or otherwise occur on said Board of Commissioners, the same shall be filled by appointment by the Governor of Georgia, until the first day of January, after the general election, held next after such vacancy occurs, and the appointment shall be made from the district from which the vacancy occurs, except in case of vacancy in the office of Commissioner county at large, in which event the Governor may appoint a person residing in any of said district to fill the vacancy. Filling of vacancies. Section 6. Be it further enacted by the authority aforesaid, That each Commissioner, before entering upon his duties, shall give bond with good security to be approved by the Ordinary in the sum of $1000.00, payable to the ordinary of said county and his successors in office, and shall take and subscribe an oath before the ordinary of said county to well and faithfully perform his duties as such Commissioner under this Act, which bond and oath shall be filed with the Ordinary and recorded upon his minutes. Said bond shall be for the faithful performance of the duties of the office of Commissioner and may be sued upon by the Ordinary on his motion, or by direction or request of the grand jury and any Commissioner and his sureties shall be liable for any breach thereof by way of malfeasance in office or for any neglect of duty. Bond. Section 7. Be it further enacted by the authority aforesaid that it shall be the duty of the Chairman to preside at all meetings of the board and approve and sign the minutes of each meeting. The Board shall elect its own vice-chairman from among its number to act in the absence or in the event of a disqualification of the Chairman, and the

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vice-chairman shall exercise all the powers of the chairman when presiding. Organization. The Chairman shall have the right to vote on all questions and perform any duties imposed upon him as a member of the Board of Commissioners, and usually incident to and connected with the office of the Chairman of such Board, except as herein provided. Section 8. Be it further enacted by the authority aforesaid, That all members of said Board of Commissioners shall receive a salary of One Hundred Dollars per annum, to cover all services in connection with the regular and special meetings of said Board, this to be paid in monthly installments, or quarterly, in the discretion of the Board, out of the county treasury, as other expenses of the county are paid. Salary. Section 9. Be it further enacted by the authority aforesaid, That said Commissioners shall meet in regular session at the county site on the first Tuesday in each month, for the transaction of county business but may meet in extraordinary session whenever, in their judgment, public necessity may require it, or at any time upon a special call by the chairman; and they shall, at their first meeting after their organization, under this Act, appoint some suitable person to act as clerk of said Board, whose term of office shall be the same as that of the Commissioners, unless removed by the Commissioners for incompetency or malpractice in office, and whose compensation shall be fixed by said Commissioners at their first meeting in each year, said compensation not to exceed Two Hundred Dollars per annum, and to be paid in monthly or quarterly installments, out of the county treasury, as other expenses of the county are paid. The clerk shall file with the Chairman of the Board, subject to his approval, a bond with good security in the sum of $1000.00, payable to the Commissioners of Roads and Revenues of Glascock County. Said bond shall be for the faithful performance of his duties

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as clerk, and to account for all funds, property or effects, coming into his hands as such clerk, and may be enforced by the Commissioners by suit whenever malfeasance in office or neglect of duty occurs. It shall be the duty of the clerk to attend all meetings of the Commissioners and to keep in well bound books, to be provided by the Commissioners, at the expense of the county, full and accurate records and minutes of all their transactions; to file in the order of their date all the original orders and other papers; to arrange and keep in order of their filing all petitions, application, and other papers addressed to said Commissioners and belonging to the Board, and to sign as clerk, all orders and warrants issued at the instance of said Board and to record in a separate book all orders made or approved by said County Commissioners for the payment of money by the county treasurer, and all books, fees and records by this Act required to be used or kept shall be open at the county site for the inspection of all tax payers of the county. Meetings. Clerk. Compensation of clerk. Bond of clerk. Duties of clerk. Section 10. Be it further enacted by the authority aforesaid, That the Board of Commissioners shall be required to elect a superintendent of the roads and bridges of said county, to be selected on account of his efficiency, knowledge and skill in practical road building. The superintendent shall not engage in any other business, trade or calling, or hold any public office, during his term of service. Such superintendent shall have charge of laying out, building, repairing, improving and maintaining the public roads and bridges of the county, under the orders of the Board of Commissioners. He shall be subject to the orders of the Board and may be removed from office for inefficiency or neglect of duty in the judgment of the Board of Commissioners, such superintendent shall, before entering upon his duties, give bond with good security, to be approved by the Commissioners, in the sum of $1000.00, payable to the Board of Commissioners of Roads and Revenues of Glascock County, conditioned for the

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faithful performance of his duties as such superintendent, which bond may be enforced by suit in favor of the Board of Commissioners of Roads and Revenues of said County of Glascock, on their own motion, or by request or direction of the grand jury of said county. He shall receive such salary as may be fixed by the Board of Commissioners, but in no event shall his term of office, service or employment, extend beyond the term of office of the Board of Commissioners employing him. His salary shall not be less than Sixty Dollars per month, and said superintendent shall perform the duties of convict warden, without additional compensation. Superintendent of roads and bridges. Bond. Salary. Section 11. Be it further enacted by the authority aforesaid, That said Board shall have authority to employ such other servants, agents and employees, and to contract for such material, implements and road equipment as may be necessary to successfully carry on road construction and road and bridge repairs in said county, and not contrary to law. Road construction. Section 12. Be it further enacted by the authority aforesaid, That no member of said Board shall be eligible to be an employee of the county or to act in any capacity for said county, except as a member of the Board, or hold any other office or position in said county. Board members may not hold other county office. Section 13. Be it further enacted by the authority aforesaid, That said Board shall have exclusive jurisdiction when sitting for county purposes, over all matters concerning county property, county taxes, general and special; in establishing and changing militia districts and election precincts; and examining, auditing and settling accounts of all officers having care, management, collection, keeping and distribution of money belonging to the county, or appropriated for its use and benefit; in making rules and regulations for the support of the poor of the county; in establishing, altering and abolishing roads and bridges and in carrying out any and all of its details and enforcement of

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the road law; and they are vested with the jurisdiction and powers that the old inferior courts had and which were formerly vested in the Ordinary of said county, and Ordinaries of said State, when sitting for county purposes, and generally to have and exercise all the powers granted by law, or as may be indispensable and complete to the proper jurisdiction over county finances and county matters. The Commissioners, when sitting as a court, in regular or extra session, for the transaction of county business, shall have such power to inflict fines and impose penalties upon all persons subject to its jurisdiction for disobedience to its orders, precepts and processes as the judge of the Superior Court now has over such delinquents in such cases. Proceedings against such delinquents shall be in the manner and to the extent as now provided by law in such cases. The clerk of the Commissioners' Court shall act instead of the clerk of the Superior Court and a quorum of Commissioners, instead of the judge of the Superior Court. Jurisdiction over county matters. Section 14. Be it further enacted by the authority aforesaid, That a majority of the Commissioners shall constitute a quorum for the transaction of any and all business. Quorum. Section 15. Be it further enacted by the authority aforesaid, That requisition shall be made by all county employees, agents and officers for supplies, equipment and material on the Commissioners, and they before such supplies, equipment and material shall be purchased, authority must be obtained from the Commissioners to order and purchase the same. Requisitions. Section 16. Be it further enacted by the authority aforesaid, That all obligations of the county, created under the provisions of this Act, shall be paid by county warrants, and as herein provided, unless otherwise provided by law, to the party to whom such obligation may be due. The Commissioners shall require at their regular monthly meetings a list of all employees, to be filed, showing the

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names of the employees, the dates and amounts due them for services rendered during the preceding month. County warrants. Section 17. Be it further enacted by the authority aforesaid, That said Commissioners, whenever requested by the grand jury, shall prepare and submit to the grand jury, a complete itemized statement, in writing, showing the financial condition of the county, by showing receipts and disbursements, from what sources money received and for what purposes expended; and such further information and report as the grand jury may call for from time to time and term to term. Report to grand jury. Section 18. Be it further enacted by the authority aforesaid, That this Act shall become effective immediately upon its passage and approval by the Governor, and the Commissioners herein named and appointed shall qualify within ten days after the approval of this Act by the Governor, or upon the first Tuesday in the month following the approval of this Act. Effective date. Section 19. Be it further enacted by the authority aforesaid, That this Act shall be liberally construed to effect the purposes hereof. Section 20. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Section 21. Be it further enacted 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 3, 1939.

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GLASCOCK COMMISSIONERSACTS REPEALED. No. 9. An Act to repeal an Act approved August 19, 1922 (Georgia Laws, 1922, p. 362), creating a Board of Commissioners of Roads and Revenues for the County of Glascock, and providing for their qualifications, election, jurisdiction, duties, powers, compensation, term of office, and other matters, and for other purposes; and to repeal an Act approved August 18, 1927, (Georgia Laws, 1927, p. 593), providing for the repeal of an Act approved August 19, 1922, by referendum; and to repeal an Act entitled an Act to create a Commissioner of Roads and Revenues for Glascock County, approved August 18, 1927, (Georgia Laws, 1927, p. 595); to repeal and supersede these Acts and all other Acts affecting the subject matter; 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 Act entitled an Act to repeal an Act approved July 31, 1912, and to create a Board of Commissioners of Roads and Revenues in and for the County of Glascock, to name the members, to prescribe for their qualification, election, jurisdiction, duties, powers, compensation and term of office, and other matters, and for other purposes, approved August 19th, 1922 (Georgia Laws 1922, p. 362), be and the same is hereby repealed. Act of 1922 repealed. Section 2. Be it further enacted by the authority aforesaid that an Act to repeal an Act to create a Board of Commissioners of Roads and Revenues of Glascock County, approved August 19, 1922, (Georgia Laws, 1922, p. 362) by referendum, being an Act approved August

Page 605

18, 1927, (Georgia Laws 1927, p. 593), be and the same is hereby repealed. Act of 1927 repealed. Section 3. Be it further enacted by the authority aforesaid that an Act to create a Commissioner of Roads and Revenues of Glascock County, to provide for his election and term of office, and for other purposes, approved August 18, 1927 (Georgia Laws, 1927, p. 595), be and the same is hereby repealed. Act of 1927 repealed. Section 4. Be it further enacted by the authority aforesaid that it is the purpose of this Act to repeal and abolish all laws and parts of laws creating the Board of Commissioners of Roads and Revenues of Glascock County, or a Commissioner of Roads and Revenues of Glascock County, and any laws affecting said offices. Purpose of Act. 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 3, 1939. GLASCOCK COMMISSIONERSAMENDMENT. No. 173. An Act to amend an Act entitled an Act creating a Board of Commissioners of Roads and Revenues of Glascock County which was enacted at the 1939 session of the General Assembly and approved by the Governor on February 3, 1939 so as to provide that no member of the immediate family of a Commissioner shall be eligible to serve as clerk or as superintendent of roads or convict warden of the Board of Commissioners of Roads and Revenues of Glascock County; to define member of the immediate family; to provide that no Commissioner shall be paid any compensation by the County except the salary of Commissioner and the actual

Page 606

traveling expenses while traveling solely on County business beyond the limits of the 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 on and after the passage of this Act that the Act entitled an Act creating a Board of Commissioners of Roads and Revenues of Glascock County enacted at the 1939 session of the General Assembly and approved by the Governor on February 3, 1939, be and the same is hereby amended by adding two sections to read as follows: Act of 1939 amended. Section 22. That no member of the immediate family of a Commissioner of the Board of Roads and Revenues of Glascock County shall be eligible to serve as clerk of the Board of Commissioners of Roads and Revenues or as superintendent of roads or convict warden. A member of the immediate family is described to be a father, mother, brother, sister, son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, mother-in-law, or father-in-law of a Commissioner of the Board of Roads and Revenues of Glascock County. Nepotism prohibited. Section 23. Be it further enacted that no Commissioner of the Board of Commissioners of Roads and Revenues of Glascock County shall be paid any compensation whatsoever except his salary as Commissioner and his actual traveling expenses while traveling solely on County business beyond the limits of the County of Glascock. Restriction on compensation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1939.

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GLASCOCK SHERIFF'S BOND REDUCED. No. 150. An Act to reduce the offical bond of the sheriff of Glascock County from Five thousand ($5000.00) dollars to Three thousand ($3000.00) dollars, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the amount of the official bond of the Sheriff of Glascock County, Georgia, be and is hereby reduced from five thousand ($5000.00) dollars to three thousand ($3000.00) dollars. Amount reduced to $3000. Section 2. Be it further enacted, That all laws and all parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 8, 1939. GLYNN AUDITS, BONDS, AND FISCAL YEAR. No. 66. An Act to amend the charter of the Commissioners of Roads and Revenue of Glynn County to require that it shall have semi-annual audits of the books and accounts of all public officers and employes handling public funds, that it specify certain procedure in the making of such audits, that it require bonds to be given by all employes handling public funds; to fix the fiscal year of said Board for its operation of the affairs 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 enactment hereof, the charter of the Commissioners of Roads and Revenue of Glynn County shall be and the same is hereby amended

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to require the said Board to cause semi-annually during the months of January and July of each year an audit to be made by a certified public accountant authorized to practice in this State of the books and accounts of each officer and employe of the county authorized to receive or disburse any of the funds of the county; the scope of such audit to be comprehensive enough to permit and the said Board shall require the accountant making the audit to certify whether each such officer and employe has properly accounted for all moneys shown to have passed through his hands up to and including the date of the certificate of audit. Semi-annual audits. Section 2. Be it further enacted by the authority aforesaid that the said Commissioners of Roads and Revenue shall not employ the same certified public accountant or firm of certified public accounts for a period of more than one year continuously, it being the intention of this Act to require that the certified public accountant making such audits shall be changed at least annually. Accountants changed annually. Section 3. Be it further enacted by the authority aforesaid that said charter be further amended to require the said Board to have included by the accountant as a part of such audits a certificate showing whether the several county officers have complied with sections 92-4912 - 92-4913 and 92-4914 of the Code of Georgia with reference to the depositing and remitting of public funds; and to require the said Board, within thirty days after the receipt of the same, to cause such certificates to be published in one or more newspapers of general circulation in the said county. Certificate of compliance. Section 4. Be it further enacted by the authority aforesaid that said charter be further amended to provide that a failure of such Board to employ an auditor as aforesaid and see that such audits are completed with reasonable promptness shall subject the members of such Board to removal from office in the same manner that justices of the peace may be removed from office. Promptness in audits.

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Section 5. Be it further enacted by the authority aforesaid that said charter be further amended to make it the duty of such Board to require from each of the County employes having authority to collect or disburse county funds good and sufficient bond in the judgment of such Board conditioned for the faithful performance of his duties, the amounts of such bonds to be determined from time to time by said Board and increased or diminished by it in its discretion, such increase or diminution of the amount of the bond not to interfere with the continuity of the term of the bond whcih shall be coextensive with the term of service of the employe; and to require the Clerk of such Board to deliver to the grand jury empaneled at each September term of the Superior Court of such County a list of the several county employes from whom bond has been required by it, the amounts of the several bonds, and the name or names of the sureties thereon; and to provide that the premiums on such surety bonds be paid by it out of the general funds of the county. Bond of county employees. Section 6. Be it further enacted by the authority aforesaid that said charter be further amended by fixing the fiscal year for accounting purposes by the said Board for said County of Glynn and its various officers and employes to extend from July 1 to June 30 inclusive of each year. Fiscal year. Section 7. 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 21, 1939. GLYNNU. S. COAST AND GEODETIC SURVEY SYSTEM ADOPTED. No. 68. An Act to describe, define and officially name a system of coordinates for designating the positions of points

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on the surface of the earth within Glynn County; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. The system of plane rectangular coordinates which has been established by the United States Coast and Geodetic Survey for defining and stating the positions or locations of points in the eastern part of Georgia and officially known by that Bureau as The Georgia Coordinate System, East Zone, is hereby adopted for that use in Glynn County. Adoption of system. Section 2. The plane rectangular coordinates of a point on the earth's surface, to be used in expressing the position of location of such point in this system, shall consist of two distances, expressed in feet and decimals thereof. One of these distances to be known as the x coordinate shall give the position in an east-and-west direction; the other to be known as the y coordinate shall give the position in a north-and-south direction. These coordinates shall be made to depend upon and conform to the plane rectangular coordinates of the triangulation and traverse stations of the United States Coast and Geodetic Survey within Glynn County, as these coordinates have been determined by said survey. Coordinates. Section 3. For the purpose of more precisely defining the Georgia Coordinate System, East Zone, the following definition by the United States Coast Geodetic Survey is adopted; System defined. The Georgia Coordinate System, East Zone, is a transverse Mercator projection of the Clarke Spheroid of 1866, having a central meridian 82 degrees 10 minutes west from Greenwich, on which meridian the scale is set one part in 10,000 too small. The origin of coordinates is at the intersection of the meridian 82 degrees

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10 minutes west longitude and the parallel 30 minutes north latitude. This origin is given the coordinates: x500,000 feet and y0 feet The position of the Georgia Coordinate System, East Zone, shall be as marked on the ground by triangulation or traverse stations established in conformity with standards adopted by the United States Coast Geodetic Survey for first-and second-order work, whose geodetic positions have been rigidly adjusted on the North American datum of 1927 and whose coordinates have been computed on the system herein defined. Traverse stations. Section 4. For the purpose of describing the location of any survey station or land boundary corner in Glynn County it shall be considered a complete legal and satisfactory description of such location to give the position of survey station or land boundary corner on the system of plane coordinates established by the United States Coast and Geodetic Survey and defined in this Act. Legal description. Section 5. The Glynn County Planning Board shall have authority to formulate rules and regulations for surveys to be based on the Georgia Coordinate System, East Zone and for the administration of this Act. Planning board to formulate rules. Section 6. The use of the term Georgia Coordinate System, East Zone on any map, report or survey, or other document, shall be limited to coordinates based on the Georgia Coordinate System, East Zone, as defined in this Act. Limit of system. Section 7. Nothing Contained in this Act shall be interpreted as requiring any purchaser or mortgagee to rely wholly on a description based upon the aforementioned system. Purchasers and mortgagees. Section 8. This Act is to take effect January 1st, 1940. Effective date.

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Section 9. All laws and parts of laws in conflict here-with are hereby repealed. Approved February 21, 1939. GRADY COMMISSIONERSAMENDMENTS. No. 81. An Act to amend an Act entitled an Act to create a Board of Commissioners of Roads Revenues for the County of Grady, State of Georgia, and for other purposes, as approved December 22, 1937, (Georgia Laws, Extra Session, 1937-1938, Page 837, et. seq.), by increasing the number of Commissioners to five; by naming G. W. Connell and T. W. Aldridge as additional Commissioners; by fixing the tenure and term of office of the Commissioners; by re-districting said county into five commissioner districts; by re-defining the duties, authority and powers of the Chairman of said Board, and of said Board as a whole; by fixing the salaries of the Chairman of said Board and the other Commissioners; by repealing Section 10 of said Act which placed a limitation on the power of said Board to fix the salary of its Warden, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act approved December 22, 1937, (Georgia Laws, Extra Session, 1937-1938, Page 837, et. seq.), entitled an Act to create a Board of Commissioners of Roads Revenues for the County of Grady, and for other purposes, be and the same is hereby amended by striking from said Act Section 1 in its entirety, and by inserting in lieu thereof a new Section 1 as follows, to-wit: Act of 1937-1938 amended. Section 1. The Board of Commissioners of Roads Revenues of said county shall consist of five members who shall be freeholders of said county and who shall be elected in the general election to be held on the first Tuesday

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in November, 1940, and quadrennially in the November general election thereafter, the three Commissioners now serving on said Board, to-wit: R. W. Davis as Chairman, and W. E. Wamble and L. O. Maxwell as Commissioners, shall be and they are hereby continued in office until the expiration of their respective terms of office of June 1, 1941; and provided further that G. W. Connell and T. W. Aldridge be, and they are hereby named as the other two Commissioners of said County Board and be duly commissioned by the Governor to hold said office for a term expiring December 31, 1940, all of said five members to serve for the respective time and term aforesaid and until their successors respectively are elected and qualified. The three Commissioners elected in the November 1940 general election to succeed the said R. W. Davis, W. E. Wamble and L. O. Maxwell, shall have a term to end correspondingly with the other two Commissioners elected in said general election, that is, the terms of all five of the Commissioners so elected in the November 1940 general election shall end on December 31, 1944, and an entire Board of Five Members shall be elected and the terms of all five Commissioners thereafter to be for a full term of four years beginning on January 1, 1945. Five commissioners named. Term. Section 2. Be it further enacted by the authority aforesaid that said Act approved December 22, 1937, be and the same is hereby further amended by striking from said Act, Section 2 in its entirety and by inserting in lieu thereof a new Section 2 as follows, to-wit: Section 2. That Grady County is hereby divided into five Commissioner Districts to be composed of the following territory, to-wit: No. 1, Cairo Election District; No. 2, Higdon and Reagan Election Districts; No. 3, Duncanville and Pine Park Election Districts; No. 4, Spence, Blowing Cave and Lime Sink Election Districts; No. 5, Spring Hill and Whigham Election Districts; and

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provided further that for the respective terms provided in Section 1 of this Act as amended, the five Commissioners respectively named and designated in Section 1 hereof shall serve and represent their respective Commissioner Districts and thereafter one Commissioner shall be elected by the voters of the county as a whole from residents and candidates of and from the respective districts as fixed herein. After June 1, 1941, the said Board as a whole shall have the right to select as its Chairman, any member of said Board who is the choice of the majority of said Board. Commissioner districts. Chairman. Section 3. Be it further enacted by the authority aforesaid that said Act approved December 22, 1937 be and the same is hereby further amended by striking from said Act Section 5 its entirety and by inserting therein in lieu of said Section 5 the following six Sections to be separate and independent of each other and to be known and designated as Section 5(a), Section 5(b), Section 5(c), Section 5(d), Section 5(e) and Section 5(f), to-wit: Section 5(a). The Chairman of said Board in addition to his other duties as Chairman and member shall constitute either personally or by his immediate direction through the Clerk of said Board the sole purchasing agency of said County, subject however, to general supervision of the Board as a whole through rules and regulations adopted in regular session, and subject to the right of said Board as a whole in duly assembled meetings to purchase material, supplies, equipment, machinery, etc., for said county; and provided further that the Chairman of said Board shall not be authorized to purchase any item or bill of material, supplies, equipment, machinery, etc., of a value exceeding $500.00 without the consent in writing of enough Commissioners to constitute the majority action of said Board. It shall be the duty of the Chairman or the office of said Board to require competitive bids on all purchases made for or in behalf of said county,

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or to otherwise make purchases on a competitive basis, so as to effect the utmost economy consistent with efficiency and quality, provided however, that this shall not require purchases to be made from persons, firms or corporations located outside of Grady County if fair and open competition can be obtained from persons or businesses located in said county. Purchases. Section 5(b). Any and all sales to or purchase made by any other officer, agent or employee of or for said county or to or by any office, bureau or department thereof, which is not consummated in accordance with the provisions of Section 5(a) of this Act as amended, shall be null and void as enforcible claims and obligations of and against said Grady County. Void purchases. Section 5(c). There shall be a Clerk of said Board and also a County Attorney to be selected by said Board from time to time and to be vested with such duties as may be imposed by law or by resolution or Act of said Board and said Board as a whole is also authorized to employ such additional executive and administrative personnel, including a Warden or Road Superintendent, a County Physician, a County Agent, as may be found necessary by said Board in order to properly carry on the business and affairs of said county. Clerk, County Attorney, and other [Illegible Text] Section 5(d). Under rules and regulations to be adopted by said Board as a whole as to salary and number of personnel, said Chairman is vested with the authority to employ or discharge all servants or employees under the jurisdiction of said Board, except those holding the positions specifically set out in Section 5(e) above of this Act as amended, and the said Chairman shall have direction and control of all employees of said county specifically named and designated in Section 5(c) above while said Board is not in session, subject to the right of the Board as a whole in duly assembled meeting to give lawful direction to said specifically designated officers and employees

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as to duties to be performed by them between meetings of said Board. Control of employees. Section 5(e). Subject to the general supervisory power of the Board as a whole, the Chairman shall generally have charge, supervision, control and management of the affairs of the county between meetings of said Board. Said Chairman 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. Control of county affairs. It shall be the duty of said Board to designate and appoint some person who is a registered voter of said county to Act in the capacity and with the power and authority of the Sheriff and/or Constables of said county in the collection or enforcement of the unpaid fi. fas. of said county, whenever it is made to appear to the said Board that it is necessary and essential in the proper supervision by said Board of the Books of the Tax Commissioner of said county and in the proper enforcement of the uncollected tax fi. fas. of said county. Said person when so designated shall, while said appointment is effective, be vested with full power and authority to levy any and all of said fi. fas., to bring all property subject to said tax fi. fas. to sale, including the advertising and selling of said property, make, execute and deliver all due and proper transfers of fi. fas. and conveyances and deeds to same, regardless of the amount of any such fi. fa., and regardless of whether the levy is made on real estate or personal property, in the same manner and as fully and effectively as the same may be done by the Sheriffs and/or Constables under the existing general laws of this State: and all of the Acts of said designated person or persons with reference to transfers of fi. fas., levy, advertisement, sale and conveyance of every kind as to any and all of said tax fi. fas., shall be as valid and binding as if done by the Sheriffs or Constables of said counties. The compensation of the person or persons so appointed shall be as now provided

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by law for such services and said Board shall require a good and sufficient bond of any person so appointed. Fi. fas. Section 5(f). Be it further enacted by the authority aforesaid that regardless of any of the provisions of Section 5(a), 5(b), 5(c), 5(d), and 5(e) of this Act as amended, that on and after January 1, 1941, the Board of Commissioners of Roads Revenues of said county as a whole shall have and they are hereby vested with power and authority to fix the salary of said Chairman, and from time to time to define and limit the duties to be performed by the Chairman thereafter for said county. Board to fix salary and limit duties of chairman. Section 4. Be it further enacted by authority aforesaid that said Act approved December 22, 1937, be, and the same is hereby further amended by striking from said Act Section 8 in its entirety and by inserting in lieu thereof a new Section 8 as follows, to-wit: Section 8. That the four Commissioners of said county other than the Chairman shall receive for their services a monthly salary to be fixed by the Board as a whole, but not to exceed the sum of $15.00 per month each, and the Chairman shall receive for his services the sum of $1,500.00 per year, provided however, that on and after January 1, 1941, the salary of said Chairman shall be fixed by said Board from time to time in its discretion. Salaries of members. Section 5. Be it further enacted by the authority aforesaid, that said Act approved December 22, 1937, be, and the same is hereby further amended by striking from said Act, Section 10 in its entirety. Sec. 10 stricken. Section 6. Be it further enacted by the authority aforesaid that this Act and all of its provisions shall take effect upon its passage and the approval of same by His Excellency, the Governor of this State. 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 February 24, 1939.

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GRADYEX OFFICIO TREASURER. No. 75. An Act to amend an Act entitled An Act to abolish the office of County Treasurer of Grady County and for other purposes as approved August 7, 1925, by striking Sections 2, 3, 4, 5, 6, 7, 8, 9, and 10 from said Act and by inserting new Sections in lieu thereof vesting authority in the Board of Commissioners of Roads and Revenues of said county or other equivalent authority from time to time to designate the Clerk of said Board or a chartered bank of said county to act as ex-officio Treasurer of said county; defining the powers, duties and responsibilities of said ex-officio Treasurer; providing that the Chairman of said Board or other equivalent authority shall sign or countersign any warrant, check, order, requisition or other withdrawal from the Treasury or depository of said county before the same can be lawfully paid by the Treasurer of the county or depository thereof having possession of said funds; providing for the selection of a depository or depositories for county funds by said Board; providing for the furnishing of a bond by said ex-officio Treasurer and by the Clerk of said Board as Clerk and ex-officio Treasurer; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act approved August 7, 1925 (Georgia Laws 1925, pages 648 to 651) be and the same is hereby amended by striking from said Act Section 2, 3, 4, 5, 6, 7, 8, 9, and 10 in their entirety, and by inserting in lieu thereof six new Sections to be numbered 2, 3, 4, 5, and 6, as follows, to wit: Act of 1925 amended. Section 2. Power and authority is hereby vested in the Board of Commissioners of Roads and Revenues of said county, or other equivalent authority, from time to time, to designate and appoint the Clerk of said Board or some banking corporation having its principal place of

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business at the county seat of said county to act as ex-officio Treasurer of said county, such appointment to be made from time to time for such period of service and under such terms and conditions, general or special, as may be fixed by said Board by appropriate resolution. Ex officio treasurer. Section 3. The ex-officio Treasurer of said county, when designated and appointed in the manner prescribed by this Act, shall be and he is hereby vested with all of the powers, duties, authority and responsibility of County Treasurer as defined and set forth in the general laws of this State, and shall as such ex-officio Treasurer be entitled to the custody and legal control as Treasurer aforesaid of all county funds and money, including all funds raised by taxation or otherwise, all taxes levied for special county purposes, all appropriations or payments to said county or its Board or fiscal authority for road purposes, either State or Federal, and any and all other funds generally known as County funds; provided, however, that it shall be necessary and essential for the Chairman of said Board or other equivalent authority to sign or countersign any warrant, check, order, requisition or other withdrawal on the Treasury or depository or depositories of said county before the same may be lawful y paid out by the Treasury or depository thereof; and all warrants, checks, orders, requisitions or other withdrawals not so signed or countersigned shall be null and void as an obligation of said county. Powers and duties. Chairman of board to countersign warrants, etc. Section 4. It shall be the duty of said ex-officio Treasurer, if other than a banking corporation, to place and keep on deposit all funds of said county in the bank or banks which have been designated by said Board or other equivalent authority as the depository or depositories of said county, and it shall be the duty of said Board to designate said bank depository or depositories by annual rotation method or otherwise, in accordance with what said Board deems to be for the best interests of the county, but in such a manner as will give to each of the chartered banks at the county seat an equal opportunity to be or become

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the depository of said county; provided, however, that said Board is authorized in any event to continue as the depository of said county until December 1, 1939, the bank now acting as Treasurer and depository thereof; and providing further that in the event the rotation method of naming the depository is selected by said Board the bank at the county seat which is not now acting as depository shall become such on December 1, 1939, for a period of one year. Deposit of funds. Section 5. In the event said Board or other equivalent authority shall continue or at any time hereafter determine to designate and appoint a banking corporation to act as ex-officio Treasurer of said county, such bank shall act and serve in the manner provided by this Act, and shall be designated and appointed from the chartered banks having a principal office and place of business at the county seat of said county in the manner and by the method provided in Section 4 above, as determined by said Board from time to time. Said Board or other equivalent authority shall fix the amount and terms and conditions of the bond to be required by a banking corporation as depository and/or ex-officio Treasurer, which bond may be different in amount and type of surety required from the bond to be required of the ex-officio Treasurer if an individual; provided, however, that a banking corporation if designanted as ex-officio Treasurer shall, upon its acceptance of said appointment be vested with and have imposed upon it all of the powers, duties, authority and responsibility of Treasurer as defined and imposed by this Act. County depository. Section 6. If the Clerk of said Board be designated and appointed as ex-officio Treasurer of said county, it shall be the duty of the appointee, as a condition to entering upon the discharge of the duties of said ex-officio Treasurer's office to furnish and have approved in the manner hereinafter set out, an official bond, payable to Grady County, in the principal amount of $15,000.00 conditioned

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for the faithful performance of the duties of exofficio Treasurer of said county as set forth in this Act, with some fidelity or surety company as surety thereon authorized and qualified to do business in this State, under the laws thereof, said bond to be filed with and approved by said Board, and the premium thereon to be paid by said Board; provided further that if the Clerk of said Board is appointed ex-officio Treasurer of said county, said bond in the amount aforesaid and under the terms and conditions aforesaid shall be a bond of and for the Clerk of said Board and as ex-officio Treasurer of said County, conditioned for the faithful performance of the duties of either and both of said offices. Bond. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 22, 1939. GWINNETT COMMISSION CANDIDATES TO DESIGNATE OPPONENTS. No. 373. An Act to amend an Act entitled An Act to create a Board of County Commissioners for Gwinnett County and to prescribe and define the powers and duties thereof so as to provide that the candidates for the members of the said Board of County Commissioners shall designate with the County Democratic Committee in all primary elections, and qualify for, a specific place on said board, by naming the incumbent candidate he desires to oppose, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that on and after the passage of this Act, Section 2 of the Acts of 1915 and all amendments thereto, entitled An Act to create a Board of County Commissioners for

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Gwinnett County, and to prescribe and define the powers and duties thereof as set out in Georgia Laws 1915, pages 244-248 and approved August 16, 1915, and all amendments thereto, be and the same is hereby amended by adding, as a new subparagraph to Section 2 thereof to read as follows: Act of 1915 amended. Section 2-A. That each and every candidate to become a member of said Board of County Commissioners shall designate with the County Democratic Committee in all primary elections, and qualify for, a specific place on said Board of County Commissioners, by naming the incumbent candidate he desires to oppose; and, thereupon, he shall be qualified, if otherwise qualified, to oppose such incumbent candidate and none other. Be it further enacted that in the event if such incumbent shall die or decline to offer for such office again, then in that event, such candidate shall qualify for such office by announcing with said local committee his intention to run for the office formerly held by said incumbent, naming him. Candidates must qualify for specific place. Section 2. Be it further enacted, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 24, 1939. HABERSHAM SHERIFF'S BOND REDUCED. No. 133. An Act to reduce the bond of the Sheriff of Habersham County, Georgia, from the amount of $10,000.00 to $6,000.00 and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the Sheriff of Habersham County, Georgia, shall be required to give bond in the sum of $6,000.00 instead of $10,000.00, as provided by the general laws as laid down in Code Section 24-2805; and it is the purposes of this Act to

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reduce the amount of said Sheriff's bond from $10,000.00 to $6,000.00. Amount reduced to $6000. 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 on its passage and approval of the Governor of Georgia. Section 3. Be it further enacted, and it is hereby enacted by the General Assembly of Georgia, that all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1939. HANCOCK SHERIFF'S BOND. No. 93. An Act to fix the amount of the bond of the sheriff of Hancock County, Georgia, at three thousand ($3,000.00) dollars; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that: Section 1. From and after the passage of this Act, and the approval hereof, the bond to be given by the sheriff of Hancock County, Georgia, to enable him to qualify, shall be for and in the sum of three thousand ($3,000.00) dollars. Amount of bond. Section 2. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 25, 1939. HARRIS COMMISSIONERSCOMPENSATION. An Act to amend an Act entitled an Act to fix the compensation of the members of the Board of Commissioners of Roads Revenue of Harris County, and for other purposes as approved July 27th, 1921, Georgia

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Laws of 1921, page 489, to fix the compensation of the members of said Board, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that Section 1 of the Acts of 1921, approved July 27, 1921, appearing at page 489 of the Georgia Laws of 1921, fixing the compensation of the members of the Board of Commissioners of Roads Revenue of Harris County, be amended as follows: by striking from said Section 1 the words fifty dollars as they appear in said section, and inserting in lieu thereof the words two hundred dollars. Also by striking from said Section 1 the words two and no/100 ($2.00) dollars as they appear in said section, and inserting in lieu thereof the words three and no/100 ($3.00) dollars, and the further sum of one and no/100 ($1.00) for expenses. Also by striking from said Section 1 the words two hundred, fifty and no/100 ($250.00) as they appear in said section, and inserting in lieu thereof the words six hundred and no/100 ($600.00), so that said Section 1 of said Act as amended shall read as follows: Act of 1921 amended. Section 1. Be it enacted, That from and after the passage of this Act, the three members of the Board of Commissioners of Roads Revenue of Harris County shall each receive an annual salary of two hundred dollars per year, and in addition to said annual salary of two hundred dollars per year, each member of said Board shall be entitled to the sum of three and no/100 ($3.00) dollars, and the further sum of one and no/100 ($1.00) dollars for expenses, for every day the said Commissioner is engaged in work for said Harris County; the total sum to be paid each Commissioner not to exceed the sum of six hundred ($600.00) dollars per annum. Compensation. Section 2. Be it further enacted, that all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved March 6, 1939.

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HOUSTON COUNTY DEPOSITORY. No. 118. An Act to abolish the office of County Treasurer of Houston County; to provide for the disposition of the books, papers, records and other property and business of said office, and for other purposes; to provide for the handling of the county funds by the County Commissioners of Roads and Revenue of said County, and for other purposes; and further to provide that this Act shall not go into effect until January 1, 1941. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the office of County Treasurer of Houston County be, and the same is hereby abolished. County treasurer abolished. Section 2. Be it further enacted, That all books, papers, records, and other property and business of said office of County Treasurer of Houston County shall be delivered to and disposed of by the County Commissioners of Roads and Revenue of said Houston County, as soon as this law becomes effective. Delivery of records. Section 3. Be it further enacted, That the County Commissioners of Roads and Revenue of Houston County shall, on their first regular meeting in January of each and every year after this Act goes into effect, or as soon thereafter as practicable, select some chartered bank or trust company located in the State of Georgia to act as a county depository for the purpose of handling and paying out all county funds under the direction of said County Commissioners, and for the performance of the duties now performed by the County Treasurer of Houston County, as shall be required of said bank or trust company by said County Commissioners. Said bank or trust company shall be required to give bond in the sum of Ten Thousand Dollars for the faithful performance of its duty, and where bond is given in some regular bonding company the premium

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thereon shall be paid by said County Commissioners out of any county funds available therefor, but no other compensation shall be allowed to said bank or trust company. Such county depository shall be chosen annually as herein provided or more often upon a failure or refusal to perform the duties of said position by any one so chosen. All county warrants and disbursements shall be drawn on and paid out by such county depository instead of the County Treasurer as is now done. County depository. Bond. Section 4. This Act shall not become effective and operative until on and after January 1, 1941. Effective date. Section 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 3, 1939. JACKSON LAKEFISHING. No. 421. An Act to authorize fishing with hook and line at all times during the entire year in Jackson Lake, located in the Counties of Newton, Jasper, Butts and Henry; 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, fishing with hook and line is hereby authorized at all times during the entire year in Jackson Lake, located in the Counties of Newton, Jasper, Butts and Henry. Entire year for fishing. Section 2. That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved March 23, 1939.

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JEFF DAVIS TAX-COMMISSIONERCOMPENSATION. No. 121. An Act to amend the Jeff Davis Tax-Commissioner Act approved March 26, 1935 (Georgia Laws 1935, pages 711-713), by providing for the compensation for the Tax Commissioner of Jeff Davis County; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Jeff Davis Tax-Commissioner Act, approved March 26, 1935 (Georgia Laws 1935, pages 711-713) be and the same is hereby amended by striking therefrom in its entirety Section 6 of the said Act which provides for the compensation of the Tax Commissioner of Jeff Davis County and substituting in lieu thereof, as Section 6, the following language: Act of 1935 amended. The Compensation of the County Tax Commissioner of Jeff Davis County, Georgia, shall be all the fees and commissions now provided by law for tax collectors and tax receivers in this State. Compensation. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 3, 1939. JOHNSON BOARD OF COMMISSIONERS CREATED. No. 11. An Act to create a Board of Commissioners of Roads and Revenue for the County of Johnson; provide manner of their election; to define their duties and powers; fix their salaries and term of office; to provide for filling vacancies; and for other purposes.

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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 a Board of Commissioners of Roads and Revenue for the County of Johnson to consist of three persons, is hereby created, said Commissioners shall be freeholders and qualified voters of said County; of good moral character and legally qualified to hold public office, and shall reside in the road district from which they are elected, which districts are to be defined in this Act. Said Commissioners shall be of business qualities and experience. Board created. Qualifications. Section 2. Be it further enacted by the authority aforesaid, that for the purpose of this Act said County of Johnson shall be divided into three Road Districts to be constituted as follows: Road District No. 1, shall be composed of the Wrightsville Militia District, Bray's Militia District and Ring-Jaw Militia District; Road District No. 2 shall be composed of the Spann Militia District, Smith's Militia District; Adrian Militia District, and Pullen's Militia District; Road District No. 3, shall be composed of Kite Militia District, Moore's Chappel Militia District, Powell's Militia District, Price's Militia District, and Ivey's Militia District. Road districts. Section 3. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, and after the qualification of the members hereinafter named, there is created a Board of Commissioners of Roads and Revenues of Johnson County, which board shall consist of three members namely: Members named. H. L. Fulford, a resident of Road District No. 1. H. C. Williams, a resident of Road District No. 2. J. G. Greenway, a resident of Road District No. 3. whose term of office shall be to years, or until Dec. 31, 1940, and until their successors are elected and qualified.

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Section 4. Be it further enacted that their successors in office shall be elected by the qualified voters of said county, in 1940, when the election for members of the General Assembly are held. Election of successors. Section 5. Be it enacted by the authority aforesaid, that there shall be a Commissioner from each Road District, and he must be a resident of the Road District which he represents, each Road District being thus represented on said board by a resident respectively. Each Commissioner shall be elected by the qualified voters of Johnson County at Large. The resident of a Road District receiving the highest number of votes by the voters of Johnson County shall be declared elected to represent his district on said Board of Commissioners of Roads and Revenues of Johnson County, Georgia. Election by county at large. Section 6. The candidate receiving the highest number of votes from the County at large, his term of office shall be six years from January 1, 1941; the candidate receiving the second highest number of votes from the County at Large, his term of office shall be four years from January 1, 1941; and the person receiving the third highest number of votes from the County at Large, his term of office shall be two years from January 1, 1941; thereafter, the term of office of each Commissioner shall be six years. Terms. Section 7. Before entering upon the discharge of their duties, each member of the Board of Commissioners of Roads and Revenues for Johnson County, shall give bond in the sum of three thousand ($3000.00) dollars, each, with some responsible surety company authorized to do business in Georgia, as his surety, payable to the ordinary of said county, and his successors in office, and approved by the Judge of the Superior Court, and conditioned for the faithful performance of the duties of the office, and the full and true accounting for all moneys, funds, and effects of said county going into their hands or coming under their custody, possession, and control,

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or expanded, by virtue of their direction, such bond to be filed in the office of the Ordinary and be there recorded and safely kept. The premiums on said bonds shall be paid by said county, and out of its funds. Bond. Premiums. Section 8. In addition to the oath required of all county officers, such commissioners shall take an additional oath to perform the duties of their office truly and faithfully, to the best of their skill and knowledge, and to account for all money, property and effects, of said county, going into their possession, custody, or control and/or expended by or under their direction. Oath. Section 9. Be it further enacted by the authority aforesaid, that should there be a vacancy from any cause in the office of any Commissioner during his term of office under this Act, the Judge of the Superior Court of said County shall at once appoint his successor to fill out his unexpired term, and his successor shall be appointed from the Road District where the vacancy occurs. Vacancies. Section 10. Be it further enacted by the authority aforesaid, that the said Board of Commissioners shall hold a regular meeting in each month on the first Tuesday thereof; the first meeting of said Board to be held on the first Tuesday after the passage of this Act, at 10 o'clock a. m., when the ordinary of said County shall turn over to them, all records, books, and official records pertaining and belonging to said county connected with the business of said County, together with all County property, with a full inventory of the same, and a full and complete statement showing the financial condition of the County. At this meeting, or as soon thereafter as practicable, the Board of Commissioners shall organize by electing one of the members as Chairman, one as vice-chairman, and every two years thereafter on the first Tuesday in January a Chairman and vice-chairman shall be elected, but any Chairman or vice-chairman shall hold his office until his successor is elected, and nothing herein shall

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prevent the re-election of any chairman or vice-chairman. The vice-chairman shall, in the absence or disqualification of the chairman or during the vacancy in office of chairman, perform and discharge all the duties of the chairman, and in the event of a vacancy in the office of chairman or vice-chairman the same shall be filled by the board at its next regular meeting after such vacancy becomes known. The chairman shall be the chief executive of the board. He shall see that all orders, resolutions, and rules of said board are faithfully filled and impartially executed and enforced, and that all the officers, employees and agents of said board faithfully and impartially discharge the duties required of them. He shall have the general supervision of the affairs of the county, acting under orders of the board, and shall preside at all meetings of the board. He shall have the power to convene the board in extra session upon his own motion or upon the written request of the other two members of the board, and shall do so whenever the other two members of the board, make such request in writing. Any two members of said board shall constitute a quorum, but the chairman is required to vote on all questions when present at the meeting. Meetings and organization of board. Powers of chairman. Section 11. Be it further enacted by the authority aforesaid, that the chairman of said board shall receive a monthly salary of Forty Five ($45.00) Dollars per month. Each of the other two members of said board shall receive for their attendance upon said regular meetings the sum of $7.50 per day; provided, however, that each member of said board shall receive the sum of $5.00 per day for all called or extra meetings of the said board. Provided, however, these shall not exceed 12 per year. Any member of said board may serve without pay if he so desires. Before any Commissioner is paid for attendance upon such meetings of the said board, either regular or called, he shall file a statement with the Clerk of the said Board, showing the date of such meetings, and for what purpose

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convened. Said salary and per diem shall be payable monthly out of the general funds of the county. No member of said board shall receive any other compensation for expenses or otherwise whatever, for any services or expenses incurred within the County of Johnson. Should it become necessary for any member of said board to transact business for the county outside the limits of said County of Johnson, then his or their expenses only shall be paid out of the general funds of the county, when and only after said itemized expense account is approved by the Judge of the Superior Court. Compensation. Section 12. Be it further enacted by the authority aforesaid, that said Board of Commissioners, shall at their first regular meeting, on the first Tuesday in February 1939, if this bill has been enacted into a law, if not, then on the first Tuesday after the passage of this Act, or so soon thereafter as practicable and at the first meeting in each year thereafter elect a clerk. Any citizen of said county, not a member of said board shall be eligible to hold said office or clerk of said Board of Commissioners, and shall receive a salary for his or her services to be fixed by said board, not to exceed the sum of $50.00 per month. Said Clerk before entering upon his duties shall give bond, with some responsible surety Company, authorized to do business in Georgia, as his surety, in the sum of $3000.00 Dollars, to be approved by said Board of Commissioners, the premium on said bond to be paid by the county, payable to the ordinary of said county and his successors in office, and conditioned for the faithful performance of his duties as such clerk, and to account for any and all funds, property or effects which may come into his hands as such clerk or otherwise, which said bond shall be filed with the Ordinary of said county, and recorded on his minutes, and may be sued on in like manner as the bond of said commissioners. He shall keep minutes of all meetings of said Board of Commissioners, an inventory of all properties, and such books and records as may be required of

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him by said Board of Commissioners, and do such other acts and things as may be required of him by law or by said Board of Commissioners. Said Board of Commissioners shall or may discharge said Clerk at any time, and elect a successor. Clerk. Salary. Bond. Duties. Section 13. Be it further enacted by the authority aforesaid, that the Board of Commissioners either themselves or duly appointed agents, shall purchase all equipment, material and supplies necessary for said county, of such kind and quality and in such quantities as may be needed, and wherever practicable, purchases of all equipment, materials and supplies shall be by competitive bids, which bids shall be kept on file in the office of the commissioners and subject to inspection by the Grand Jury or other interested citizens. All purchases shall be charged to Johnson County; and before bills therefor are submitted to the board for approval, they shall be audited and payment therefor recommended by the parties making said purchase; and if approved by the Board of Commissioners at a regular meeting of said board, said approval shall be endorsed on said bills by the chairman and a list thereof entered upon the minutes of the board, and when this is done warrants therefor shall be regularly drawn, which warrants shall be signed by the chairman and clerk as all other warrants drawn on the treasurer shall be signed before payment thereof is made, except that in the absence of the chairman, said vice-chairman shall be authorized to sign warrants. Purchases. Section 14. That said Board of Commissioners may at their discretion, and when they deem necessary, elect a superintendent of roads and bridges, said superintendent shall also be convict warden. Said superintendent shall give his entire time to said duties as such superintendent and warden, and shall not engage in any other business. He shall receive such salary as may be fixed by the Board of Commissioners, and shall hold his position at the pleasure of the Board of Commissioners. Superintendent of roads and bridges.

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Section 15. Be it further enacted by the authority aforesaid, that the Board of Commissioners shall have the books and accounts of the Tax Collector; Ordinary, Treasurer, Custodian of all county funds; Sheriff; Superintendent of Schools; Commissioners of Roads and Revenues and such other officers as may be necessary, audited by a certified public accountant of this State immediately after they take charge of the affairs of said county to cover such period as they deem advisable, and every year thereafter. Said audit shall be filed in the office of said Board of Commissioners of Roads and Revenues of said county, and shall at all times be subject to inspection by any citizen or taxpayer of said county. Audit of books. Section 16. Be it further enacted by the authority aforesaid, that the said Board of Commissioners of Roads and Revenues shall have, and they are hereby vested with exclusive jurisdiction and control over, the following to-wit: In directing, controlling, and caring for all the property of the county according to law; in levying taxes according to law; in establishing, altering, or abolishing public roads, private roads, private ways, bridges and ferries, according to law; in establishing, abolishing, or changing election precincts and militia districts according to law; in supervising the tax-collector or Commissioner's books; and in allowing the insolvent lists, for said county, according to law; in settling all claims against the county; examining and auditing all claims and accounts of officers having the care, management, keeping, collecting, or disbursement of money belonging to the county, or appropriating for its use or benefit, and bringing them to settlement; and especially are they charged with frequently examining and auditing the books of all officers through whose hands any county funds must pass; they may require from all such officers, subject to an examination, such reports, as may be necessary to keep such Board of Commissioners, fully informed at all times, of the financial condition of the county; in controlling, caring

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for and managing the convicts of the county, according to law; in making rules, regulations and provisions for the support of the poor of the county, according to law; in promoting and preserving the public health of the county, with authority to quarantine against contagious diseases and epidemics, according to law; in regulating and fixing licenses fees as may be provided for; and generally to have and exercise all powers heretofore vested in the ordinary of said county when sitting for county purposes; and to exercise such other powers as are granted by law or as may be indispensable to the jurisdiction over county matters or county finance, in selecting and appointing all minor officers of the county whose election or appointment is not otherwise fixed by law, such as superintendent and guards of convicts and chain-gang, janitor of the court-house, superintendent of pauper farm should one be established, county physician and health officer, tax assessors, and county policeman, and other officers and guards as needed and authorized by law; and such board shall have the authority to employ a competent attorney at law, resident of the county, as county attorney to advise the board and represent the county in such matters as the Board of Commissioners may direct, who shall be paid such salary or compensation as the Board of Commissioners may direct, out of the regular funds of the county, with authority of said Board of Commissioners to fix his term of office or to discharge him at any time; in regulating peddling license according to law. Relationship of attorney to any board member shall not be a disqualification of said attorney to serve as county attorney. Said board shall have entire control of the convicts of said county sentenced to work upon the roads or works of said county by the proper authorities of the State assigned to the county by the proper authorities of the State, and shall so employ them according to law, and under such plans of working, building, repairing, and maintaining the public roads, bridges and works of said

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county as may now or hereafter be adopted or enforced by law in said county. The said board shall also have the right and authority to discontinue the chain-gang, and, to let the misdemeanor convicts sentenced in the local courts to other counties under such terms and conditions as may be fixed by the said board and approved by the Prison Commission of Georgia, and shall also have the right to reassign to some other Georgia County, Johnson County's felony convicts under the sanction and rules of said Prison Commission of Georgia. Control of county affairs. Section 17. Be it further enacted by the authority aforesaid that said Board of Commissioners may receive contributions for the improvement of the public roads or bridges of the county from persons who own property along the same, or from any other person or persons, or from the State government, or the United States government, or from any corporation or firm who may be interested in the improvement of the roads and bridges, and such contributions when received shall be used for the improvement of the road or bridges designated by the contributor. Contributions for road improvements. Section 18. Be it further enacted by the authority aforesaid, that it shall be unlawful for any member of said board or the clerk of said board to have any financial interest in sale or purchase of any article to or from the county, or to receive any rebate, expense account, transportation, or other valuable consideration in connection with or through the purchase of any equipment, materials or supplies for the county, or the awarding of any contract for said county; and if any commissioner; or the clerk of said board, shall knowingly or wilfully violate any provision of this section, he shall be guilty of a misdemeanor, and upon conviction shall be punished as prescribed by section 27-2506 of the Penal Code of Georgia of 1933, and shall forfeit his office or be discharged from employment. Private financial interests forbidden.

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Section 19. Be it further enacted by the authority aforesaid, that said board shall make no contract for service or for the purchase of any article or material whatsoever with any person who is related to any of its members within the third degree of consanguinity or affinity, and wherever practical, all purchases of equipment, material and supplies shall be purchased by competitive bids. No contracts with relatives. Section 20. Be it further enacted by the authority aforesaid, that the said Board of Commissioners of roads and revenues is hereby given the right and authority to exercise the power of eminent domain by taking private property, where located either within or without Johnson County for public purposes, whenever needed. Said right and power shall be exercised as provided in the Code of 1933. Eminent domain. Section 21. Be it further enacted by the authority aforesaid, that at the regular meetings of the Board of Commissioners, they shall be clothed with the powers of the court, subject to the same rules that govern, define and control the powers of the court of ordinary, when sitting for county purposes. Court powers. Section 22. Be it further enacted by the authority aforesaid, that this Act shall go into effect and become operative immediately after the passage of this Act. Effective date. Section 23. Be it further enacted by the authority aforesaid, that said County Commissioners shall appoint a County Treasurer, either a Corporation or an individual, and may require said County Treasurer to give such bond as such Commissioners may assess. Said County Treasurer may be a banking Corporation or an individual, as they see fit. The term of said County Treasurer shall be for one year, and until, it or his successor is appointed and qualified. County treasurer. Section 24. Be it further enacted, that said Board of Commissioners of Roads and Revenues shall be the purchasing

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agent for said County of Johnson, 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. Provided, however, the Board may permit said officers of Johnson 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 requisition shall be considered only at a regular meeting of the Board. Provided, however, that in event of an emergency the Chairman, by and with consent of one member, may make purchases to supply emergency. Purchases to be by board. Section 25. Be it further enacted by the authority aforesaid, that it shall be unlawful for the county treasurer be it a banking corporation or an individual, to receive directly or indirectly, any rebate discount, or profit on any county warrant or order paid by the county of Johnson; and any violation of the provision of this section shall be a misdemeanor and upon conviction shall be punished as prescribed by section 27-2506 of the Court of Georgia, 1933, and shall forfeit his office. Profit on warrants prohibited. Section 26. Be it further enacted by the authority aforesaid that said board of commissioners shall make no contract for service to be performed with any person who is related to the County Superintendent of Roads or County Warden within the third degree of consanguinity or affinity. No contracts with relatives of road superintendent. Section 27. Should any section, provision, clause, or any other part of this Act be held unconstitutional and invalid, it shall not effect or destroy the validity or constitutionality of any other section, provision, clause, or part of this Act which is in and of itself unconstitutional or invalid, and the remaining portions of this Act, shall

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be enforced without regard to the section, provision, clause or part so held to be invalid. Section 28. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 3, 1939. JOHNSON COMMISSIONERSROADS FOR SCHOOL BUS. No. 17. An Act to require the Commissioners of Roads and Revenues of Johnson County to establish, provide and maintain roads over which school bus routes are located, upon a joint recommendation from the local trustees of any school district, and the County Board of Education; 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 Commissioners of Roads and Revenues of Johnson County are hereby required to establish and maintain roads in Johnson County over which school bus routes are operated or located, upon the joint recommendation of the various school district trustees, and the County Board of Education. Roads for school bus required. Section 2. The said Commissioners of Johnson County, are hereby authorized and required to establish and maintain other and additional roads upon the recommendation of the various school district trustees and the joint recommendation of the County Board of Education, over which school bus routes may be operated in the future, so as to best serve the interest of the patrons of the various schools in Johnson County. Future routes. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 10, 1939.

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JOHNSON COURT OFFICERS' COSTS. No. 19. An Act to require Johnson 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 Johnson 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, and/or might be transferred to some other county to work on the chain-gang. Costs to be paid. 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 cases 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 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. Method of payment. 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 10, 1939.

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LAURENSNEPOTISM. COMPETITIVE BIDS. WORK CAMPS. No. 90. An Act to amend an Act approved August 17, 1911, (Ga. Laws1911, page 453) with reference to the Board of Commissioners of Roads and Revenue of Laurens County as amended by an Act of the General Assembly approved August 16, 1915 (Ga. Laws 1915, page 276-293) creating Board of three Commissioners of Roads and Revenues of Laurens County, and other purposes, and as amended by an Act approved July 28, 1925 (Ga. Laws1925, page 690) and all Acts amendatory thereof, so as to prohibit members of the Board of Commissioners of Roads and Revenue of Laurens County employing relatives within certain degree as employees of said Board of said County, to prevent said Board or the members thereof from trading, buying or selling to those related to them, to provide for purchases by competitive method after advertising where such purchases exceed $100.00, except as hereinafter provided; to abolish the three Public Work Camps now existing in said County, and to establish in lieu thereof One Public Work Camp, to provide penalties for violating any part 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 the above recited Acts approved August 17, 1911, August 16, 1915, and July 28, 1925, and all Acts amendatory thereof be amended by adding the following provisions: Section 2. Be it enacted by the authority aforesaid that the Board of Commissioners of Roads and Revenue of the County of Laurens are hereby prohibited from employing an officer, agent, servant, or employee of said county any person or persons related to any member of

Page 642

said Board of Commissioners of Roads and Revenue within the following degreesbrothers, sisters, uncles, aunts, nieces, nephews, or first cousin; any employment of any person within such degree of relation either by blood or marriage is prohibited by this Act, shall be illegal and such person shall not be entitled to any compensation for any service rendered upon any basis whatsoever. Nepotism prohibited. Section 3. Be it further enacted by the authority aforesaid that no member of the Board of Commissioners of Roads and Revenue of said County, no County officer, servant or employee, or clerk of the Board of Commissioners of Roads and Revenue of said county shall buy or sell to said County of Laurens anything of value whatsoever, either directly or indirectly, and this prohibition shall extend to any corporation, firm or partnership in which said members of the Board of Commissioners of Roads and Revenue of said county may be a member, stockholder, or financially interested therein, and likewise such corporations or partnerships as any of the designated county officers, servants or employees may be interested in, or in which they own stock, or of any partnership of which they may be a member. Private financial interests prohibited. Section 4. Be it further enacted by authority aforesaid that it shall be the duty of said Board of Commissioners of Roads and Revenue of Laurens County to make all purchases and contracts of purchase in excess of the sum of $100.00, (except as hereinafter provided) upon a strictly competitive basis, and to this end said Board, or the Clerk thereof, under the direction of said Board shall prepare monthly or quarterly estimates of the County's needs and requirements for the next succeeding month or quarter, and have such estimate published once in any newspaper published in Laurens County, wherein Sheriff's sales are advertised, for which the legal rate of advertising shall be paid, and payment thereof shall be a proper charge against said County; said advertisement shall give notice

Page 643

of the proposed purchases and shall invite bids thereupon, stating the time and place of the opening of said bids and the making of said purchases or contracts of purchase; that such bids shall be received unopened and shall not be opened until the specified time and place, and at such specified time and place the bid so received shall be opened publicly, and the contract for purchasing said supplies, or the purchase of supplies shall be to the lowest and best bidder, and supplies purchased therefrom; provided, however, should any machinery or equipment of said county which at the time is being used upon any public work suffer a break-down, requiring purchase of new parts or mechanical repair, that in such case the Board of Commissioners of Roads and Revenue of said County shall be relieved of the above provisions, and shall be authorized to purchase such parts or make such repairs under such conditions as it deems fit and proper, but the purchase of such parts and the making of such repairs shall not exceed at any one time the sum of $1,000.00. Purchases and bids. Section 5. Be it further enacted that the Board of Commissioners of Roads and Revenue shall in no wise pay for, issue warrants or vouchers in payment of, any supplies or equipment, or materials of any kind, except upon the certificate signed by the Clerk of said Board, certifying to the fact that the articles for which payment is requested were received by the County in the quantity and quality specified in the bill presented to said County, and that the bill so presented is true and correct. It is made the duty of the Clerk of said Board to see that said County receives all purchases as ordered or contracted for, and no payment shall be made therefor except on the certificate of said Clerk. Payment of warrants. Section 6. Be it further enacted that within sixty days after the approval of this Act the Board of Commissioners of Roads and Revenue of said County shall abolish and discontinue the operation of three convict or Public Work

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Camps in said County, and shall thereafter create and establish one convict or public work camp in said County, and such camp shall be established upon the lands now belonging to said County known as the lands whereupon Laurens County's poor farm was located, about three and one-half miles South of Dublin, on State Highway No. 31, and that all convicts shall be kept and maintained at said camp, and said Board of Commissioners of Roads and Revenue is prohibited from supporting or maintaining any other convict or public work camp in said county. Said Board of Commissioners of Roads and Revenue are empowered and authorized to make such additions and improvements to the above designated camp as may be necessary to meet the needs of said camp. Single convict camp. Section 7. Be it further enacted that any party or parties violating any provision of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as prescribed by Section 27-2506, 1933 Code of Georgia. Punishment for violation. Section 8. 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 expressly repealed. Section 9. Be it further enacted, except as otherwise provided in this Act, this Act shall become effective on and after July 1, 1939. Approved February 25, 1939. LIBERTY TAX-COMMISSIONERACT REPEALED. No. 227. An Act to repeal that certain Act of the General Assembly of Georgia approved February 7, 1938, entitled An Act to abolish the office of tax collector of Liberty County, Georgia; to create in lieu thereof the office of tax Commissioner of Liberty County, Georgia; to fix

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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 to be collectible 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 Commissioners 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; and for other purposes. Section 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 General Assembly of Georgia approved February 7, 1938, as contained in Georgia Laws, Extra Session 1937-1938, pages 846-847-848-849-850 and 851, entitled: Act of 1937-1938 repealed.

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An Act to abolish the office of tax collector of Liberty County, Georgia; to create in lieu thereof the office 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 office 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 collectible 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 Commissioners 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; be and the same is hereby repealed. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 20, 1938.

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LONG COMMISSIONERSAMENDMENTS. No. 365. An Act to amend an Act creating a Board of Commissioners of Roads and Revenues of Long County, Georgia, (Georgia Laws, 1921, Pages 525-534) approved August 10th, 1921, in the following respects: by amending Section 11 of said Act by striking certain language therefrom and inserting certain language in lieu of said stricken language as set out in this Act; by striking Section 15 of said original Act and substituting in lieu thereof a new Section known as Section 15 containing the language set out in this Act; by striking Section 23 of said original Act; by amending Section 21 of said original Act by striking certain language therefrom and inserting certain language in lieu of said stricken language as set out in this Act; by amending Section 16 of said original Act by adding thereto certain language set out in this Act; by adding to said original Act a Section to be known as Section 20-A with the language and provisions set forth in this Act; by providing for repeal of all laws and parts of laws in conflict with this Act, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, the Act creating the Board of Commissioners of Roads and Revenues of Long County (Acts 1921, Pages 525-534) approved August 10, 1921, be, and the same is, hereby amended in the following manner and to the following extent, to-wit: Act of 1921 amended. Section 2. Be it further enacted that Section Eleven of said Act creating said Board of Commissioners be, and the same is, hereby amended by striking therefrom beginning with the word serves striking the last four lines of said Section, and inserting in lieu of said stricken language the following language, to-wit: actually enters upon service

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of said sentence. The word chain-gang shall be construed to mean any public works, or other place where convicts are assigned by the proper authorities. Provided, however, that in all cases where convicts have actually entered upon service of a sentence imposed by any court and during said service pay a fine imposed by said court, then the actual amount of costs paid by the County to said officers shall be refunded by the Clerk of said Court to said county, so that Section 11 when so amended shall read as follows: Section 11. Be it enacted by the authority aforesaid, That said Commissioners are hereby authorized and directed to pay to the proper officers the actual cost in the case where a misdemeanor convict is sentenced to the chain-gang of said county and actually enters upon service of said sentence. The word chain-gang shall be construed to mean any public works, or other place, where convicts are assigned by the proper authorities. Provided, however, that in all cases where convicts have actually entered upon service of a sentence imposed by any court and during said service shall pay a fine imposed by said court, then the actual amount of costs paid by the County to said officers shall be refunded by the Clerk of said Court to said county. Officers' costs. Section 3. Be it further enacted by the authority aforesaid, That Section 15 of said Act creating said Board of Commissioners be, and the same is, hereby stricken in its entirety, and the following Section is hereby substituted for said stricken Section, to-wit: Section 15. Be it further enacted by the authority aforesaid, That members of said Board of Commissioners shall receive as their compensation Five Dollars ($5.00) per day for each day of actual service; provided, that no Commissioner shall be paid for more than thirty days' service during any one year, and that he shall spend as much as one day in each month in the road district in which he resides looking after the roads and bridges of said district.

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The said Commissioners shall elect a clerk of said Board whose duty it shall be to keep a correct record of all the actings and doings of said Board, said record to be kept at the Court House in said county, said records to be open to the inspection of any citizen of said county at all times if the same does not conflict with the meetings of said Board, and he shall perform such other duties as may be assigned to him by said Board, and he shall keep all the books and records of his office in a neat, first-class and business-like condition at all times. Said Clerk shall receive compensation for his duties as such Clerk in an amount to be determined by said Board not exceeding Fifty Dollars ($50.00) per month. Said Clerk shall not be a member of said Board of Commissioners. Said Clerk shall collect at the office of the said Board all commutation tax paid by persons subject to road duty and not exempt from same, and shall keep a correct record of the same. He shall also keep an accurate account and record of all disbursements of funds in his hands, which record shall show to whom, when and the amount paid and for what purpose paid. Said Clerk before entering upon his duties as Clerk of said Board shall enter into and file with the Chairman of said Board a good and sufficient bond in the principal sum of Two Thousand Dollars ($2,000.00) for the faithful performance of his duties as such Clerk, which said bond shall be made payable to the members of said Board of Commissioners, as such Commissioners, and their successors in office, the sufficiency of which shall be judged and determined by said Board. Said bond may be sued in any court having jurisdiction of said amount. The said Commissioners shall at the first meeting in January of each and every year hereafter elect a chairman of said Board from their own membership who shall act as said Chairman until the first meeting of said Board in January of the next year and until his successor is elected by said Board. In the event said Board fails to elect a Chairman at the January meeting of said Board, said election may be

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had at any regular meeting of said Board during the current year, said Chairman so elected to act as such until the next regular annual date of election aforesaid, and until his successor is elected. Said Commissioners, before entering upon their duties as such shall take an oath before some judicial officer for the faithful performance of their duties, which said oath shall be in writing and filed with the Clerk of said Board. The property of said Clerk of said Board as well as that of the sureties on his bond shall be bound from the time of the execution of said bond for the payment of any and all sums constituting a liability arising from the breach of said bond. Compensation of commissioners. Clerk. Duties of clerk. Salary of clerk. Bond. Chairman of board. Oath. Section 4. Be it further enacted by the authority aforesaid, That Section 23 of said Act creating said Board of Commissioners on page 533 of said 1921 Acts be, and the same is, hereby stricken in its entirety. Sec. 23 stricken. Section 5. Be it further enacted by the authority aforesaid, That Section 21 of said Act creating said Board of Commissioners be, and the same is, hereby amended by striking the last five lines of said Section and beginning after the word more appearing on Line 4 of said Section substituting in the place of said stricken language, the following language, to-wit: than Fifty Dollars ($50.00) per month as a retainer. However, in the event of litigation or controversies affecting the rights or interests of Long County, said Board of Commissioners in its discretion may pay said County Attorney such additional fees as may seem reasonable and just to said Board in such instances. If at any time in the opinion of the Commissioners the interests of the county demand it they shall have the right to employ additional counsel and to pay said additional counsel such fees as seem reasonable and just to said Board, so that said Section when so amended shall read as follows: Section 21. Be it enacted by the authority aforesaid, That the said Commissioners shall have the authority to

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employ a County Attorney who is a resident of Long County and they shall not pay him a salary of more than Fifty Dollars ($50.00) per month as a retainer. However, in the event of litigation or controversies affecting the rights or interests of Long County, said Board of Commissioners in its discretion may pay said County Attorney such additional fees as may seem reasonable and just to said Board in such instances. If at any time in the opinion of the Commissioners the interests of the county demand it they shall have the right to employ additional counsel and to pay said additional counsel such fees as seem reasonable and just to said Board. County attorney. Section 6. Be it further enacted by the authority aforesaid, That Section Sixteen (16) of said Act creating said Board of Commissioners be, and the same is, hereby amended by adding to said Section the following language, to-wit: Provided, however, that said Board is authorized to designate a purchasing agent outside of its membership, said purchasing agent to have such authorities only as may be prescribed by said Board, and being subject to the rules, regulations and terms fixed by said Board, by which any person, firm, or corporation dealing with such purchasing agent shall be bound. Such designation and the rights and powers incident thereto may be withdrawn by said Board at any meeting, regular or called, with or without reason, so that said Section when so amended shall read as follows: Section 16. Be it enacted by the authority aforesaid, That said Board of Commissioners shall be the purchasing agent for said county, for all things needed by the different departments of said county, and especially for all supplies for convicts and feed for mules and horses owned by said county, and for all machinery used for said county, and, in fact, everything purchased by said county. And said Commissioners shall, secure so far as possible competitive bids for supplies, and this shall apply to all supplies for

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county officers, including the Judge and Solicitor of the City Court, but supplies for convicts and road machine crews may be purchased by man in charge of same in a case of necessity. Provided, however, that said Board is authorized to designate a purchasing agent outside of its membership, such purchasing agent to have such authorities only as may be prescribed by said Board, and being subject to the rules, regulations and terms fixed by said Board, by which any person, firm, or corporation dealing with such purchasing agent shall be bound. Such designation and the rights and powers incident thereto may be withdrawn by said Board at any meeting, regular or called, with or without reason. Purchases. Purchasing agent. Section 7. Be it further enacted by the authority aforesaid, That said Act creating said Board of Commissioners be, and the same is, hereby amended by adding thereto a Section designated as Section 20-A reading and providing as follows: Section 20-A. Be it further enacted by the authority aforesaid, That at the first regular meeting of said Board in January of each year, said Board shall adopt a program or scheme for road work in said county for the ensuing year, said road work to be apportioned according to the needs of each road district in the discretion of the Board, which said program or scheme shall remain in full force and effect until the first regular meeting of said Board in January of the following year. Provided further, that the said road work shall be done in rotation from one road district to another, the time to be devoted to said work in each road district to be fixed by the Board in said program or scheme, which said program or scheme shall be adhered to strictly, except in cases of emergency, said Board may in its discretion temporarily transfer the road crew or organization in charge of construction and maintenance of the county roads and bridges from one road district to another. Provided further that said annually made road

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program or scheme may be altered only upon a unanimous vote of said Commissioners at a meeting when all members are present. Annual road program. Section 8. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 24, 1939. MADISON COMMISSIONER AND ADVISORY BOARDAMENDMENTS. No. 13. An Act to amend an Act to create the office of Commissioner of Roads and Revenues for the County of Madison, approved August 17, 1914 (Ga. Laws 1914, pages 316-322), as amended by an Act approved August 8, 1916, pages 462-463) and as amended by an Act providing for the creation of an Advisory Board approved February 17, 1937 (Ga. Laws 1937, pages 1369-1374), to provide that the salary of the Commissioner of Roads and Revenues for the County of Madison be increased from $1,200 per annum to $1,800 per annum; to provide that in all matters to be determined by the Commissioner of Roads and Revenues and the Advisory Board, and on which said Commissioner and said Advisory Board cannot unanimously agree, the vote of three members of the Advisory Board, or the vote of the Commissioner and two members of the advisory Board shall prevail and control; and for other purposes. Section 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 office of Commissioner of Roads and Revenues for the County of Madison; to provide for the election of such officer thereof by the qualified voters of such county; to fix his salary, define his powers and duties, and for other purposes,

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approved August 17, 1914 (Ga. Laws 1914, pages 316-322), as amended by an Act approved August 18, 1916, (Ga. Laws 1916, pages 462-463), and as amended by an Act providing for the creation of an Advisory Board for the County of Madison approved February 17, 1937 (Ga. Laws 1937, pages 1369-1374), be and the same is hereby amended as follows: Acts of 1914, 1916, and 1937 amended. By striking the words twelve hundred and by striking the figures $1,200.00 in the fourth line of Section 7 of said Act of 1914 (Ga. Laws 1914, page 318), and inserting in lieu thereof the words eighteen hundred and the figures $1,800.00 so that when so amended said Section 7 of the said Act will read as follows: 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 eighteen hundred ($1,800.00) Dollars per annum for his services, to be paid monthly at the end of each month's services. Salary of commissioner. 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 the Act creating the office of Commissioner of Roads and Revenues for the County of Madison, to provide for the election of such officer thereof by the qualified voters of such county; to fix his salary, define his powers and duties, and for other purposes, approved August 17, 1914 (Ga. Laws 1914, pages 316-322), as amended by an Act approved August 18, 1916, (Ga. Laws 1916, pages 462-463), and as amended by an Act providing for the creation of an Advisory Board for the County of Madison approved February 17, 1937 (Ga. Laws 1937, pages 1369-1374) be, and the same is hereby amended as follows: By striking from lines 9, 10, 11, 12, 13, 14 and 15 of Section 23 of said Act of 1937 (Ga. Laws 1937, page 1372) the words and figures to-wit:

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In all matters arising hereunder the decision of the Commissioner of Roads and Revenues and a majority of said Advisory Board shall be controlling. If there should be an equal division then the decision of the majority of said board shall be controlling as to all matters except the levying of taxes, which shall be done by the Commissioner of Roads and Revenues in the manner now provided by law, and inserting in lieu thereof the following, to-wit: In all matters arising hereunder to be determined by the Commissioner of Roads and Revenues and the Advisory Board, and on which said Commissioner and said Advisory Board cannot unanimously agree, the vote of three members of the Advisory Board, or the vote of the Commissioner and two members of the Advisory Board shall prevail and control, except in the levying of taxes, which shall be done by the Commissioner of Roads and Revenues, in the manner now provided by law, so that when so amended, said Section 23 of said Act approved February 17, 1937 (Ga. Laws 1937, pages 1369-1374) will read as follows: That said Board shall sit with the Commissioner of Roads and Revenues in an advisory capacity and advise him in the discharge of all the duties incumbent upon him under the provisions of the Act of 1914, including the levying of taxes, making contracts, auditing the accounts of county officers, and all and every duty devolving upon him under said Act, or by the laws of this State, as Commissioner of Roads and Revenues of Madison County. Advisory board. In all matters arising hereunder to be determined by the Commissioner of Roads and Revenues and the Advisory Board, and on which said Commissioner and said Advisory Board cannot unanimously agree, the vote of three members of the Advisory Board, or the vote of the Commissioner and two members of the Advisory Board shall prevail and control, except in the levying of taxes, which shall

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be done by the Commissioner of Roads and Revenues, in the manner now provided by law. That in addition to the duties devolving upon the commissioner under Section 14 of the Act of 1914 it shall be the duty of the commissioner in conjunction with the Advisory Board to proceed immediately upon assuming their duties to cause to be employed a competent accountant and cause a thorough and exhaustive audit to be made of the financial condition of Madison County, and to set up and provide a modern accounting system for the purpose of keeping proper records of all the officials and agents of Madison County who collect or disburse public funds, and annually thereafter to cause an annual audit to be made, and a well-bound copy of the same shall be kept as a permanent record in the office of the Commissioner of Roads and Revenues and exhibited to the grand jury at the spring term of Madison Superior Court. Voting on disputed questions. Tax levies. Duties. Audit. 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 3, 1939. MADISON COMMISSIONERVACANCY. No. 162. An Act to amend the Act approved August 17, 1914 (Georgia Laws 1914 pages 316-322) which Act created the office of Commissioner of Roads and Revenues for the county of Madison, provided for his election, defined his powers and duties, and provided for filling a vacancy in said office, by repealing Section 2 of said Act and providing that vacancy in said office shall be filled by election by the people. Be it enacted by the General Assembly of Georgia: Section 1. Section 2 of the Act of the General Assembly of Georgia (Georgia Laws 1914 page 316) which Act

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created the office of Commissioner of Roads and Revenues for the county of Madison, provided for his election, defined his powers and duties, and provided for filling a vacancy in said office, is hereby repealed, and from and after the passage of this Act vacancies in said office shall be filled as provided in the next Section hereof. Act of 1914 amended. Section 2. When for any reason said office becomes vacant after the incumbent has served three fourths of his term the Ordinary of Madison County shall appoint some qualified person who shall serve for the remainder of the unexpired term. When such vacancy occurs before the incumbent has served three fourths of his term said Ordinary shall appoint some qualified person who shall serve only until an election is called and held to fill said vacancy. Said election shall be called by the Ordinary within ten days after such vacancy occurs, and shall be held on a date set by said Ordinary within twenty days after said call is issued, and after said Ordinary has caused notice of said election to be published in a county newspaper and posted at the court-house and three other public places in the county. The person receiving the greatest number of votes in said election shall serve for the remainder of the unexpired term. Method of filling vacancy. Section 3. To be eligible to hold said office, for either a full or unexpired term, a person must possess the qualifications required of other county officers. Qualifications. Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 8, 1939. MARION COMMISSIONERSACT OF 1937-1938 REPEALED. No. 33. An Act to repeal an Act entitled an Act to amend an Act creating a Board of Commissioners of Roads and

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Revenues of the County of Marion; to define and designate the members of the Board who shall hold office after 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. That from and after the passage of this Act, the Act approved December 22, 1937, Georgia Laws 1937-1938, p. 851, which Act amended the Act creating a Board of Commissioners of Roads and Revenues for the County of Marion, approved March 10, 1937, be and the same is hereby repealed. Act of 1937-1938 repealed. Section 2. Be it further enacted that from and after the passage of this Act, the three members of said Board elected at the General Election held in 1938, shall continue in office for and during the term for which they were elected, and the office of the four members of said Board named in Section 2 of the Act hereby repealed shall terminate upon the passage and approval of this Act, and they shall be no longer members of said Board. Members of board. Section 3. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 6, 1939. McDUFFIE COMMISSIONER'S OFFICE CREATED. No. 5. An Act to create the office of Commissioner of Roads and Revenues of the County of McDuffie; to provide for the election to said office; to prescribe the term of office of said commissioner; to define his power and duties and provide for his compensation and the method of payment of same; to provide for the appointment of a clerk to assist said Commissioner, and provide for the payment of compensation for such clerk; to provide for and prescribe the duties of said clerk, and for other purposes.

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Be it enacted by the General Assembly of Georgia, as follows: Section 1. That upon passage of this Act, there is hereby created a Commissioner of Roads and Revenues of McDuffie County, Georgia. Commissioner created. Section 2. That said office shall be filled by the person who has been elected to and now holds the office of Ordinary of McDuffie County, Georgia; and said Commissioner of Roads and Revenues of McDuffie County, Georgia shall henceforth hold a term of office concurrent with that of Ordinary of McDuffie County; that is, the term of the office shall expire on the 31st day of December, 1940, when the term of the present Ordinary expires, and a new term shall begin on the 1st day of January, 1941, and continue for four years, and each term in the future shall be for a period of four years. Ordinary to hold office. Section 3. That the person who is elected Ordinary of McDuffie County for the term beginning on January 1st, 1941, shall hold the office of Commissioner of Roads and Revenues of McDuffie County for a four-year term, and in the future, each person who is elected as Ordinary shall hold the office of Commissioner of Roads and Revenues of McDuffie County during the time that he is Ordinary of McDuffie County. Ordinaries to hold office in future. Section 4. That the Commissioner of Roads and Revenue of McDuffie County shall receive as compensation the following amounts, to wit: Compensation. For the month of February, 1939... eight hundred seventy five dollars ($875.00) of which sum seven hundred dollars ($700.00) shall be paid on the 1st day of February, 1939, and the balance of one hundred and eighty dollars ($180.00) shall be paid on the 1st day of March, 1939. For the month of March, 1939.... one hundred and eighty dollars ($180.00), and for each month thereafter, the sum of one hundred and eighty ($180.00) dollars.

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No other compensation shall be paid to the Commissioner of Roads and Revenues for writing checks; or other services; provided that actual expenses incurred in attending to the duties of the office shall be paid and provided further that the fees now paid to the Ordinary of McDuffie County, Georgia, shall continue to be paid under the present law for services performed as Ordinary. Section 5. That it shall not be necessary to have the grand jury or any other person or persons to pass upon the salary of said Commissioner of Roads and Revenues, but he is authorized to pay same as above prescribed, and at the end of each month thereafter, by drawing a warrant on the general funds of the county for such purpose. Grand jury not to pass on salary. Section 6. That the Commissioner of Roads and Revenue is authorized to employ a clerk to assist him in his duties, at the following compensation, to wit; Compensation of clerk. For the month of February, 1939.... Two hundred and sixty dollars ($260.00) of which sum one hundred and ninety five dollars ($195.00) may be paid on the 1st of February, 1939, and the remainder of sixty five dollars ($65.00) may be paid at the end of February, 1939. For the month of March, 1939.... Sixty five dollars ($65.00) to be paid at the end of March, 1939, and for each month thereafter, the sum of sixty five dollars ($65.00) per month. Section 7. That it shall not be necessary for the grand jury or any other person or persons to pass upon the salary of the clerk of the Commissioner of Roads and Revenues of McDuffie County, but the Commissioner is authorized to draw his warrant against the general funds in the county treasury for that purpose. Section 8. That the clerk shall be removable at the pleasure of the Commissioner of Roads and Revenues. Removal of clerk. Section 9. That the duties of the clerk shall be to assist the Commissioner of Roads and Revenues in keeping records

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and such other duties as may be required by the Commissioner of Roads and Revenues. Duties of clerk. Section 10. That the Commissioner of Roads and Revenues shall be authorized to employ a competent attorney at law to advise him and also to represent the county in any litigation which may arise in which said county is interested and shall have the right to fix his compensation. County attorney. Section 11. That the Commissioner of Roads and Revenues, in the administration of the duties of his office, shall keep in mind at all time the idea of serving the best interest of a majority of the citizens of the County. Section 12. That the Commissioner of Roads and Revenues shall give a good and solvent bond with some reliable surety company doing business in Georgia, in the amount of $10,000, payable to McDuffie county, for the faithful performance of his duties, and shall take and subscribe an oath before a Justice of the Peace at the time of entering upon his duties to faithfully and impartially perform the duties of his office. The premium on the bond aforementioned shall be paid by McDuffie County. Bond of commissioner. Premium. Section 13. That if for any reason any section, provision, clause, 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 part, section, provision, or clause of this Act which is not in and of itself unconstitutional or invalid, and the remaining portions of said Act shall be enforced without regard to the section, provision, or clause of this Act which may be held to be unconstitutional or invalid. Each word, sentence, clause, section, and part of this Act is hereby declared to be separable. Section 14. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 1, 1939.

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McDUFFIE COMMISSIONERAMENDMENTS. No. 107. An Act to amend an Act entitled: An Act to create the office of Commissioner of Roads and Revenues of the County of McDuffie; to provide for the election of said office; to prescribe the term of office of said Commissioner; to define his power and duties and provide for his compensation; and the method of payment of same; to provide for the appointment of a clerk to assist said Commissioner, and provide for the payment of compensation for such clerk; to provide for and prescribe the duties of said clerk, and for other purposes,, which Act was approved on the 1st day of February, 1939, by adding a new section to be No. 4a, providing that the fees for lunacy trials and commissions on funds shall be included in the salary of one hundred and eighty dollars per month drawn by said commissioner; to substitute a new section for Section 12, by striking the requirement of giving bond; and by adding a new section to be known as Section 13 A declaring the purposes of the Act, and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. That an Act entitled: An Act to create the office of Commissioner of Roads and Revenues of the County of McDuffie; to provide for the election of said office; to prescribe the term of office of said Commissioner; to define his power and duties and provide for his compensation; and the method of payment of same; to provide for the appointment of a clerk to assist said Commissioner, and provide for the payment of compensation for such clerk; to provide for and prescribe the duties of said clerk, and for other purposes, which was approved on the 1st day of February, 1939, be and the same is hereby amended as provided in the following sections. Act of 1939 amended.

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Section 2. That a new section, to be No. 4 A, be inserted, and to read as follows: Section 4 A. The one hundred and eighty dollars ($180.00) per month salary for the Commissioner of Roads and Revenue as provided in this Act shall include the salary as Commissioner, all commission and other compensation for handling funds and writing checks on said funds for said county, and shall also include all services performed as Ordinary in connection with lunacy trials and hearings. No compensation shall be paid to the Ordinary for serving as Commissioner, handling funds and writing checks and for attending to the business of holding lunacy trials and hearings, except the one hundred and eighty dollars per month above specified; provided, that this shall not affect the salary of the clerk of the Commissioner, or other fees earned as Ordinary as now provided by law. Salary to include services performed in lunacy trials. Section 3. That section 12 of said Act, which section provides for the giving of a bond by the Commissioner, and for the taking of an oath and paying premium on bond, be stricken in its entirety, and a new section, to be No. 12, be inserted in lieu thereof, to read as follows: Section 12. Because of the fact that the duties of a treasurer of McDuffie County are performed by the Ordinary and Commissioner, and said Ordinary is under bond for the handling of said money, it shall not be necessary to give a further bond as Commissioner. At the time of induction into office, however, the Commissioner shall take and subscribe an oath before a Justice of the Peace that he will faithfully execute the duties of Commissioner to the best of his skill and ability. Bond as commissioner not necessary. Oath. Section 4. That a new section be added to said Act, to be No. 13 A, and to read as follows: Section 13 A. It is the purpose and intent of this Act, that the Commissioner of Roads and Revenue shall not be considered a separate and distinct office from

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that of Ordinary, but they shall be one and the same, and the same person shall discharge all the duties of Ordinary and Commissioner of Roads and Revenue. It is further the purpose and intent of this Act that said office shall be considered one wherein the Ordinary is vested by special Act with the management of the county business. Purpose of Actsingle office. Section 5. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 3, 1939. McDUFFIE JUSTICES' OF THE PEACE COMPENSATION. No. 329. An Act to provide the manner in which Justices of the Peace and Notaries Public Ex-Officio Justices of the Peace shall be compensated in criminal cases in McDuffie County, and for other purposes. Be it enacted by the General Assembly of Georgia, as follows: Section 1. That all Justices of the Peace and Notaries Public who are Ex-Officio Justices of the Peace in McDuffie County of the State of Georgia, shall be compensated in criminal cases in the way and manner hereinafter prescribed. Section 2. Said officers above named shall present their bill of costs to the Solicitor General and Judge of the Superior Court of said county at each term of said superior court, which bill shall be itemized, and with the affidavit of such officer who is seeking payment of his costs, that said itemized statement is correct and that none of said bill of costs has heretofore been paid by the county or the prosecutors or defendants or any other parties. It shall then be the duty of said Solicitor General

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and Judge of the Superior Court to examine said itemized statement, and certify as to whether they approve or disapprove such bill of costs, and if disapproved in part, that part which does not have the approval of both the judge and the solicitor general shall not be paid by the county, and if disapproved in whole, none of said bill shall be paid. However, if said bill is approved in part, the part approved by both the judge and solicitor, shall be paid, and if approved in whole, the entire bill shall be paid, as hereinafter provided. Method of obtaining compensation in criminal cases. Section 3. The approval of said bill of costs in whole or in part shall operate as an order to have same entered on the minutes of the court, and shall operate further as a warrant on the county treasurer, to be by said county treasurer or other proper county officer in charge of the fiscal affairs of said county, paid out of the general treasury, to the extent in which said bill is approved. Approved bill to act as warrant. Section 4. In the event that either the judge or solicitor or both should fail or refuse to certify as to whether they approve or disapprove said bill of costs after presentation to them, then it shall be the duty of the Ordinary to examine said bill and to pass upon its correctness, and if found to be correct in whole or in part by said Ordinary, then the part so found to be correct shall be so certified by the Ordinary and shall operate as a warrant on the county treasurer or other proper county official in charge of the fiscal affairs of said county, and shall be by such official paid to the extent in which it is found to be correct out of the general treasury of the county. Certification by Ordinary. Section 5. The provisions of this law shall only apply to criminal cases. Section 6. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 24, 1939.

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McDUFFIE OFFICIAL BONDSPREMIUMS. No. 8. An Act to authorize the Ordinary of McDuffie County to pay the premiums on the official bonds of the various officers of McDuffie County, including the Ordinary, Treasurer, Commissioner of Roads and Revenues, Sheriff, Clerk of Superior Court, Tax Collector, Tax Receiver, and County School Superintendent, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Ordinary of McDuffie County is hereby authorized to pay the premiums on the official bonds of the various county officers of McDuffie County, including the premiums on the official bond of the Ordinary, Treasurer, Commissioner of Roads and Revenues, Sheriff, Clerk of the Superior Court, Tax Collector, Tax Receiver and County School Superintendent, upon passage of this bill. Ordinary to pay premiums on official bonds. Section 2. That such payment may be made from the general funds in the county treasury, including the year 1939. Payment from general funds. Section 3. That every word, line, sentence, clause, paragraph and section of this Act is hereby declared to be separable, and should any such word, line, sentence, clause, paragraph or section be declared by the Courts to be unconstitutional or void for any reason, the other parts of said Act shall not be affected by such declaration. Section 4. That all laws and parts of laws in conflict herewith are hereby repealed. Approved February 1, 1939.

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McDUFFIE TREASURER AND SUPERIOR COURT CLERKCONSOLIDATION REPEALED. No. 2. An Act to repeal an Act approved August 23, 1872, as published in the Georgia Laws of 1872 on page 442 thereof, entitled An Act to consolidate the office of Clerk of the Superior Court and Treasurer of the county of McDuffie and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That a certain Act approved August 23, 1872, as published in Georgia Laws of 1872 on page 442 thereof, entitled: An Act to consolidate the offices of Clerk of the Superior Court and Treasurer of the county of McDuffie be and the same is hereby repealed. Act of 1872 repealed. Section 2. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 1, 1939. McINTOSH COMMISSIONERSELECTION. No. 159. An Act to amend the Act of February 26, 1876, creating Commissioners for McIntosh County, as amended by an Act approved July 31, 1913, so as to have said Commissioners elected for a term of two years; and to create Commissioner Districts; to provide qualifications for Commissioners, to provide for nomination of candidates from such Districts; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, that there shall be five Commissioner Districts in McIntosh County as follows: (a) District No. 1 shall consist of the County at large. (b) District No. 2 shall consist of the City of Darien, being 1771st

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Militia District. (c) District No. 3 shall consist of the 1514th Militia District and all of the 1480th Militia District except that part lying North of the South Newport-Jones Road, and any part of the 1515th District lying West of Coastal Highway. (d) District No. 4 shall consist of the 22nd Militia District and that part of the 1480th District lying North of the South Newport-Jones Road. (e) District No. 5 shall consist of the 271st Militia District, 1312th Militia District and all of the 1515th Militia District lying East of the Coastal Highway. Five commissioner districts. Section 2. Be it further enacted by the authority aforesaid, that the term of office of each Commissioner shall be two years. They shall be elected by the qualified voters of McIntosh County. The Commissioner elected from each District shall have been a resident of said District at least twelve months before the election. In any Primary for the nomination of candidates of a political party for Commissioners of McIntosh County, the candidates shall be nominated from and shall be voted on by the voters of the Commissioner District in which they reside, except the candidate from District No. 1, the County at large, shall be voted on by the voters of the entire County, but at the general election all of the nominees shall be voted upon by the voters of the entire County. Termselections. Section 3. Be it further enacted by the authority aforesaid, that all Primary elections and General elections from and after the passage of this Act shall be governed by the provisions herein, and the Commissioners nominated at the next Primary and elected at the next General Election shall begin the performance of their duties January 1, 1941. Primary and general elections. Section 4. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict with this Act be, and they are hereby repealed. Approved March 8, 1939.

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McINTOSH COUNTYLIVE STOCK DEALER'S LICENSE. No. 154. An Act to repeal an Act of the General Assembly of Georgia entitled An Act to exempt the residents of the County of McIntosh who are not regularly engaged in doing business as dealers in live stock, but who only casually purchase or acquire live stock for the purpose of resale within said county, from the payment of the license fee otherwise provided by law for dealers in live-stock in said county, and providing that they shall be subject to pay only an annual license fee of $5.00; and for other purposes, approved August 27, 1931, and contained on page 526 of Georgia Laws 1931; 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 approved August 27, 1931, and contained on page 526 of Georgia Laws 1931, entitled An Act to exempt the residents of the County of McIntosh who are not regularly engaged in doing business as dealers in live-stock, but who only casually purchase or acquire live-stock for the purpose of resale within said county, from the payment of the license fee otherwise provided by law for dealers in live-stock in said county, and providing that they shall be subject to pay only an annual license fee of $5.00; and for other purposes, be and the same is hereby repealed. Act of 1931 repealed. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 8, 1939. McINTOSHZONING. No. 31. An Act granting to the Commissioners of Roads and Revenue of McIntosh County, in the State of Georgia,

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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 respectfully 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 Commissioner of Roads and Revenue of McIntosh County, 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; and to establish setback lines for buildings and structures along the streets and roads. Building regulations and zoning. 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

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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. Purposes. 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 McIntosh County, are hereby given the power and authority to appoint a board of five members to be known as the County Planning Board. Organization of planning board. In addition to the chairman and clerk of the Commissioners of Road 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.

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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 offices. If the said Commissioners of Roads and Revenue so desire instead of appointing a Planning Board for the County of McIntosh 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 planning 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 and 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 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. Employees. 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. State departments may help. Section 5. Preparation of zoning plan. Be it further enacted by the authority aforesaid, that the County

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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. Zoning plan. 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 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. Public hearing on tentative plan. 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

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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. Zoning districts. 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 maps reference be made to the office where they are officially filed and may be examined. Publication of regulations. 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;

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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 before ordinance passed. 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. Methods of changing zoning districts. 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. Cooperation with other counties and cities.

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Section 10. Planning. Be it further enacted by the authority aforesaid, that, the said Planning Board shall study the resources, possibilities and need 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. Systematic future development. Section 11. Subdivision. 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 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 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. Regulation of subdivisions. Section 12. Board of appeals. Be it further enacted by the authority aforesaid, that the Commissioners of Roads and Revenue of McIntosh County shall provide

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for a Board of Appeals of three members and for the manner of appointment thereof. Board of 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 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. 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, 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.

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Appeals to the Board of Appeals may be taken by any officer department, board or bureau of the County of McIntosh, 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 the Board of Appeals. After such decision proceedings in conformity herewith shall not be further stayed except as hereinafter provided. Method of appeal. 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. Hearings. The Board of Appeals shall, subject to such appropriate conditions and safeguard as may be established by the Commissioners of Roads and Revenue, having the following powers: Powers of board. 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. 2. To authorize upon appeal in specific cases such variance from the terms of such ordinance or regulations

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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. A majority of the Board shall constitute a quorum and a majority vote of the members hearing the appeal shall be sufficient to determine the appeal. 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 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. Appeal to superior court. 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.

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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. 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. Review by appellate courts. 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 of McIntosh. 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 McIntosh 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 membes 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

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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 of appeals. 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, 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. Punishment for violations, remedies, etc. Section 15. Non-conforming uses. Be it further enacted by the authority aforesaid, that the lawful use of a

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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 or non-conforming uses upon such terms and conditions as may be set forth in the zoning ordinance. The Commissioners or 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 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. Non-conforming uses. 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. Appropriations and grants. 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

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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. Contempt. 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. 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 February 10, 1939. MERIWETHER COMMISSIONERS' CLERK. No. 374. An Act to amend an Act approved March 24, 1933, entitled An Act to amend an Act approved February 17, 1877, to constitute a Board of Commissioners for the County, as amended, by providing for the employment of a Clerk of the Board of Commissioners of Roads and Revenue of said County; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, that the Act approved March 24, 1933, amending the Act approved February 17, 1877 and Acts amendatory thereof be and the same is hereby amended by striking from the Act approved March 24, 1933, Section 2 in its entirety and substituting in lieu thereof a new section to read as follows: Act of 1933 amended.

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Section 2. Be it further enacted, that the said Board of Commissioners of Roads and Revenue of the County of Meriwether be and they are hereby authorized and empowered to employ a Clerk of said Board, to serve at the pleasure of the Board, at a compensation to be fixed by said Board. 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 March 24, 1939. MONROE COMMISSIONERSAUDIT OF BOOKS. No. 171. An Act to amend an Act approved August 19, 1907, (Acts 1907, pages 318 et. seq.) entitled, An Act to create a board of commissioners of roads and revenues for the County of Monroe; to authorize their election and prescribe their powers, duties and compensation; to repeal the Act approved August 27th, 1872, and all Acts amendatory thereof, and the Act approved August 6th, 1903, and all Acts amendatory thereof creating a board of Commissioners of roads and revenues for said county, and for other purposes, etc. by adding after Section 6, a new section designated as Section 7-A, so as to provide for an annual audit of the books of said Commissioners of Roads and Revenues by a certified public accountant and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. That the Act approved August 19th, 1907, (Act 1907, pages 318 et.seq.) creating Board of Commissioners of Monroe County, Georgia, as amended by Act approved July 23rd, 1908, (Acts 1908, page 340-1), as amended by Acts approved August 9th, 1912, (Acts 1912,

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pages 435 et.seq.) as amended by Act approved August 4th, 1917, (Acts 1917, pages 372-3) be and the same is hereby amended as follows: Acts amended. (a). By adding a new section after Section 6 of the Act of 1907, pages 318 et. seq., designated as Section 7-A, which shall be as follows: Section 7-A. That there shall be, up to and through December 31st each year, from and after the passage of this Act, a complete annual audit of the books and records of the Monroe County Board of Commissioners of Roads and Revenues, by a duly certified public accountant so qualified as such by and under the law as set out in Section 84-201 et. seq., of the Code of 1933 of Georgia; that the said Audit shall be completed and filed with the said Board of Commissioners of Roads and Revenues at its second regular meeting in January, 1940 and each year thereafter; and that the said Commissioners shall let the contract of audit to the lowest and best bidder under seal bids any time between the 1st and the 10th day of each December, beginning with the year 1939, and each year thereafter, after advertising for bids in the first issue of the local public gazette in November each year. Annual audit. Section 2. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1939. MONROE TAX-COMMISSIONERCOMPENSATION. No. 145. An Act to amend an Act approved August 28, 1931 (Acts 1931, page 538), entitled, An Act to abolish the office of Tax Collector and Tax Receiver, in and for the County of Monroe, and to create in their stead a County Tax Commissioner for Monroe County, Georgia, as amended by an Act approved March 12, 1935, (Acts 1935, page

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726), as authorized by the General Assembly of Georgia in an Act approved August 18, 1924, and ratified as constitutional amendment, Article 11, Section 3, Paragraph 1, to define the powers and duties of said Tax Commissioner; to provide the amount of his compensation and method and time of payment; to provide for the collection of taxes, fees, costs, and commissions and due to such officer when such officer goes into office, to designate where funds collected by the Tax Commissioner shall be deposited and to whom paid, to define the terms of office of such Commissioner and how elected, and to provide for filling vacancies in such offices, to fix the amount and kind of bond to be given by such officer, and to provide for reports for the State; and for other purposes, by striking all of Section 5, Acts 1935, page 726-727, which prescribed the compensation of the Tax Commissioner of Monroe County and inserting a new Section, fixing the compensation of the Monroe County Tax Commissioner, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act approved August 28, 1931 (Acts 1931, page 538) entitled An Act to abolish the offices of Tax Collector and Tax Receiver in and for the County of Monroe, and to create in their stead a Tax Commissioner for Monroe County, Georgia, as amended by Act approved March 12, 1935 (Acts 1935, page 726), as authorized by the General Assembly of Georgia, in Act approved August 18, 1924 and ratified as constitutional amendment article 11, section 3, paragraph 1; to define the powers and duties of said tax-commissioner; to provide the amount of his compensation and method and time of payment; to provide for the collection of taxes, fees, costs, and commissions due when such officer goes into office, to designate where funds collected by the tax-commissioner shall be deposited and to whom paid, to define the term of office of such tax-commissioner and how elected, and to

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provide for filling vacancies in such office, to fix the amount and kind of bond to be given by such officer, to provide for reports to the State; and for other purposes, be and the same is hereby amended by striking all of section 5 of the Act of 1935, page 276 which prescribes compensation of the tax-commissioner of Monroe County and inserting in lieu thereof a new section to be numbered section 5 and to read as follows: Act of 1931 amended. Section 5. The said tax-commissioner of Monroe County shall in addition to the fees and commissions referred to in section 4, Act 1931, page 540, receive as compensation for receiving and collecting the county tax, which shall be in full payment for all services in receiving and collecting the county tax, the following commissions, to-wit: Compensation. On all net digests up to and including $3,000.00 7% Over $3,000.00 and not exceeding $7,000.00 6% Over $7,000.00 and not exceeding $12,000.00 5% Over $12,000.00 and not exceeding $18,000.00 3% Over $18,000.00 and not exceeding $26,000.00 2% Over $26,000.00 and not exceeding $38,000.00 2% Over $38,000.00 and not exceeding $54,000.00 1[frac34]% Over $54,000.00 1% On amounts collected for school purposes, per $1,000.00 3% Section 2. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1939. MONTGOMERY COMMISSIONERSAMENDMENTS. No. 135. An Act to amend an Act creating a board of commissioners of roads and revenues for the County of Montgomery approved December 3, 1937, Acts 1937-38, page 856, by

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repealing section 1 of said Act and enacting in lieu thereof a new section providing for five commissioners and providing that no two shall be elected from the same militia district; by repealing section 3; by repealing section 4 and enacting a new section naming the five commissioners and fixing their terms of office; by repealing section 6 and enacting a new section providing that the chairman of the board may be upon salary and fixing the amount of his bond; by amending section 9 by striking the figure 5 in line 2 thereof and inserting in lieu thereof the figure 4; to limit the amount paid to members of the board and the clerk; to provide for the time of meetings of the board; 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 on and after the passage of this Act section 1 of the Act creating the board of commissioners of roads and revenues for the County of Montgomery approved December 3, 1937, Georgia Laws 1937-38, page 856, be and the same is hereby repealed and in lieu thereof a new section be and the same is hereby enacted to be known as section 1 and to read as follows: Act of 1937-1938 amended. 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 five persons who shall be freeholders and qualified voters of said county and no two shall be eligible to be elected from any one Militia District of said County. Provided, that in the event there are two or more candidates residing in any one Militia District, only the one in such district obtaining the highest number of votes shall be elected as a member of the Board of Commissioners of Roads and Revenues. Five members. Section 2. That on and after the passage of this Act section 3 of the Act creating the board of commissioners of roads and revenues in and for the County of Montgomery

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providing for three road districts in said county be and the same is hereby repealed. Sec. 3 repealed. Section 3. That on and after the passage of this Act section 6 of the Act creating the board of commissioners of roads and revenues in and for Montgomery County approved December 3, 1937, Georgia Laws 1937-38, page 856, providing for the giving of bond and oath of commissioners be and the same is hereby repealed and a new section is hereby enacted to read as follows: Each commissioner elected or appointed must qualify thirty days after his election or appointment by taking and filing the following oath with the Ordinary to remain in his custody, said oath to be as follows: Oath `I,....., do solemnly swear that I will faithfully discharge the duties of commissioner of roads and revenues of 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.' The chairman of said board shall, in addition to the oath, make and file with said Ordinary a bond in some solvent surety company doing business in the county for the faithful performance of his duties in the sum of One Thousand Dollars ($1,000.00) 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. The board of commissioners may in their discretion fix a salary to be paid the chairman of the board within the limits fixed by this Act. Bond. Salary of chairman. Section 4. That on and after the passage of this Act section 9 of the Act creating the Board of commissioners of roads and revenues for Montgomery County approved December 3, 1937, Georgia Laws 1937-38, page 856, fixing the pay of the members of the board of commissioners be and the same is hereby amended by striking the figure 5 in line two of said section and inserting in lieu thereof the

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figure 4 so that said section when so amended shall read as follows: The compensation of each member of the board of commissioners shall be $4.00 per day. Compensation of members. Section 5. Be it further enacted that on and after the passage of this Act the board of commissioners of roads and revenues of Montgomery County shall not expend more than One Hundred Seventy-five Dollars ($175.00) in any one month for pay of members and salaries of chairman and clerk. Salary limitation. Section 6. That on and after the passage of this Act said board shall meet on the first Tuesday in each month as its regular meeting and may hold such special meetings as may be called by the chairman of the board. Meetings. Section 7. Be it further enacted that section 4 of the Act creating the board of commissioners of roads and revenues in and for Montgomery County approved December 3, 1937, Georgia Laws 1937-38, page 856, providing for the naming of commissioners of roads and revenues for each road district and fixing their terms of office be and the same is hereby repealed and in lieu thereof a new section is hereby enacted to be known as section 4 and shall read as follows: Section 4. It is hereby provided that the county commissioners now holding office at the time of approval of this Act, to-wit, J. C. Clifton, J. B. O'Connor, and B. A. Conner, shall continue to hold said offices and function as county commissioners until their successors are elected and qualified under the provisions of this Act at the regular election of county officers of Montgomery County of 1940, and R. D. Oneal, Sr. and W. T. McArthur, Jr. are hereby made, constituted and appointed commissioners of roads and revenues of Montgomery County and shall hold office from their qualifications until their successors are elected and qualified under the provisions of this Act. The terms

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of said commissioners named in this section shall begin on the approval of this Act and shall end December 31, 1940. Commissioners named. 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 March 6, 1939. MURRAY COMMISSIONERSREFERENDUM. No. 210. An Act to abolish the Board of Roads and Revenues of Murray County, Georgia, as established and created by an Act approved February 10, 1933, (Georgia Laws 1933, pages 626-634) as amended by an Act approved March 28, 1935, (Georgia Laws 1935, pages 765-773), and to repeal both said Acts in their entirety, so as to create a new Board of Roads and Revenues of Murray County, Georgia; to determine by ballot the number comprising said Board, and to provide for an election therefor; to prescribe the term of office of the member or members of said Board and the rights, powers and duties thereof; election of the successor or successors; to fix the term of office of the member or members of said Board and their compensation; to provide for a Clerk and an Attorney for said Board and to fix their compensations; and to prescribe the duties of said Clerk; to provide for filling vacancies; to provide for a depository for county funds; to prohibit the employment of or contract with relatives; to prohibit the member or members of said Board or any other person in the employ of Murray County from having any financial interest in the purchase or sale of merchandise, supplies, machinery, equipment or other property to or by Murray County; to prohibit any member of said Board or other employees of Murray County from receiving anything of value on account of the purchase or sale of any article to or by Murray

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County; to provide that the persent incumbents on the Board of Roads and Revenues of Murray County shall remain in office until January 1, 1941; and to prescribe the rights, powers and duties of the present incumbents on said Board; to provide for the compensation of the present incumbents on said Board, and to provide for an election to determine the amount of said compensation; to provide that no vacancy which may occur among the present incumbents on said Board shall be filled; 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 Roads and Revenues of Murray County, Georgia, as established and created by an Act approved February 10, 1933 (Georgia Laws 1933, pages 626-634) as amended by an Act approved March 28, 1935 (Georgia Laws 1935, pages 765-773) be and the same is hereby abolished and said Acts repealed in their entirety. Acts of 1933 and 1935 repealed. Section 2. There is hereby created a Board of Roads and Revenues for the County of Murray, to consist of the present incumbents until January 1, 1941, but on and after January 1, 1941, said Board shall consist of three members, or of only one member, as determined by an election hereinafter provided for. Said Board shall have authority and control over the fiscal and other affairs of said county, and over the roads, buildings and bridges of said county, and shall generally exercise such authority and control of said county as is provided by law for a Board of Roads and Revenues. Board created. Election and authority. Section 3. Except where otherwise provided in this Act, the powers and duties of said Board of Roads and Revenues shall be as defined by the general laws of Georgia with reference to the powers and duties of the authorities in charge of the control and management of county affairs. Powers and duties in general.

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Section 4. That within thirty days after the passage and approval of this Act, the Ordinary of Murray County shall call a special election to determine whether said Board of Roads and Revenues herein provided for shall be composed of three men, or shall be composed of one man. The expenses of said election shall be paid by Murray County. Ballots shall be furnished with the words For a three man Board, and, For a one man Board, plainly printed thereon. The majority vote cast at said election shall determine whether said Board shall consist of one man or three men on and after January 1, 1941. Number of members to be voted on. Section 5. The election of the members of said Board to succeed the present incumbents on said Board shall be at the regular election for county officers held in Murray County in 1940, and the one man or three men elected under the provisions of this Act shall take office on the first day of January, 1941, and shall continue in office for four years and until his successor or their successors are duly elected and qualified. The present incumbents of said Board shall continue to hold office until January 1, 1941. Elections. Section 6. Be it further enacted by the authority aforesaid that if it is declared that said Board of Roads and Revenues on and after January 1, 1941, shall consist of three members, said Board shall meet in their office at the Courthouse in regular meeting on the first Tuesday in each month for the transacting of any business appertaining to county affairs, and shall meet at such special or called meetings as they may see fit to hold. They shall each receive as compensation the sum of Five Hundred ($500.00) Dollars per annum, payable monthly, and shall not draw pay for any other services rendered said county. Before entering upon the duties of said office, the members of said Board shall take and subscribe to an oath for the faithful performance of their duties, and shall give bond payable to and approved by the Ordinary of said county in the

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sum of Two Thousand ($2,000.00) Dollars each, with good and sufficient security conditioned upon the faithful performance of their duties. Meetings. Compensation. Oath and bond. Section 6-a. The present incumbents of said Board shall not be required to give new bonds, and their present bonds shall continue to be in full force and effect, and said present incumbents shall have, from and after the passage of this Act, all rights, powers and duties possessed by or delegated to and devolving upon the Board herein created. Section 7. Be it further enacted by the authority aforesaid that in the event it is declared that said Board of Roads and Revenues shall on and after January 1, 1941, consist of only one man, the member so elected shall specify one regular day of each week, and the first Tuesday of each month in which he shall remain in his office at the Courthouse of said county, for the transaction of public business in connection with his office, and the remainder of the working time of each month, unless necessarily required for the transaction of public business in his office, shall be devoted to the personal supervision of laying out road work, investigation of roads and bridges or other public property, the measure and delivery of supplies to the convict camp, the direction and management of said camp or camps, and generally to the affairs of the county. He shall devote his entire time to the discharge of his duties, and during his incumbency in office shall not engage in any business enterprise or accept any other responsibility which would interfere with the discharge of his duties. Before entering upon the duties of his office, he shall take and subscribe to an oath for the faithful discharge of his duties as required herein, and shall enter into a bond in the sum of Ten Thousand ($10,000.00) Dollars, with good and sufficient security, which bond shall be payable to and approved by the Ordinary of said county, and conditioned for the faithful discharge of the duties of

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his office and the faithful accounting for all property and funds coming into his hands by virtue of his office. He shall be paid in compensation for his services the sum of Fifteen Hundred ($1500.00) Dollard per annum, payable monthly. In event of single commissioner. Section 8. Be it further enacted by the authority aforesaid and it is hereby enacted by authority of the same that the Ordinary of Murray County shall be the Clerk of said Board of Roads and Revenues at a salary of Twenty ($20.00) Dollars per month. It shall be the duty of said Clerk to attend all meetings of the Board and to keep in well bound books, to be provided by the Board at the expense of the county, full and accurate records and minutes of all proceedings and transactions of said Board, and a book showing itemized accounts of all receipts and disbursements, to file in order of their dates all original bills and statements and claims rendered against the county, showing the approval for payment by the Board of Roads and Revenues, and to arrange and file any orders, petitions, applications, and other papers addressed to and belonging to the Board, and to issue and sign as Clerk all checks or warrants against the county funds and in the depository of county funds, in payment of approved bills and statements of monies due by said county, and all checks or warrants so issued and signed must be countersigned by the Chairman of said Board, which checks or warrants shall be numbered and stubbed and show for what purpose drawn, and recorded in proper disbursement docket. All books, papers, letters and documents showing the disbursement of any funds and the various transactions of the Board shall be kept by the Clerk of said Board in the office of said Clerk at the Courthouse in Murray County, and be subject to examination and inspection by any taxpayer at any time. Ordinary to be clerk. Salary and duties. Section 9. Be it further enacted that it shall be the duty of the Clerk to post monthly, at some place in the Courthouse

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where it may be inspected by the public, an itemized statement of the financial condition of said county, showing in detail all funds paid into the County Treasury and from what source received; also showing in detail all disbursements made by said county; also showing an itemized statement of all accounts paid and showing who made the purchases. Such posted statement shall also show the balance on hand or the warrants outstanding. Financial statement. Section 10. Be it further enacted that said Board of Roads and Revenues shall have authority to employ a competent Attorney at Law to advise the Board and represent the county in any litigation which may arise in which said county is a party. Said Board shall pay said County Attorney such compensation as may be agreed upon, not in excess of One Hundred Fifty ($150.00) Dollars per annum, for his services in advising said Board. County attorney. Section 11. Be it further enacted by the authority aforesaid that said Board of Roads and Revenues may select some solvent bank in said county, as a depository of the county funds, which depository so selected shall receive all funds of the county, and disburse the same only on vouchers signed by the Chairman of said Board in event a three man Board is declared, or by the sole member in event a one man Board is declared; except it may pay the jury script and court bailiff's hire, issued by the Clerk of the Superior Court, and orders drawn by the Judge of the Superior Court of said county. Such depository so selected shall keep a record of all funds of the county and make a report thereof once a month to said Board, free of charge to the county. Depository. Section 12. Be it further enacted that it shall be unlawful for the member of said Board, or members, in event a three man Board is declared and elected, to employ any person related to the member or any member within the fifth degree, either by blood or marriage, or to contract with such person or persons for any equipment, material

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or supplies, or for any work to be done on the public roads, bridges or other works of the county, except when bids are received for equipment, machinery or supplies, or for work to be done on public roads, bridges or other works of the county, upon full specifications and due advertisemetns in regard thereto and a person related to the member or any member is the lowest bidder therefor. Nepotism prohibited. Section 13. Be it further enacted that it shall be unlawful for the member or members of said Board, the Clerk of the Board, Convict Warden, or any other person in the employ of Murray County, or any other person employed, either directly or indirectly, to have any financial interest in the purchase of goods, wares, merchandise, supplies, machinery or equipment purchased for said county; or to receive any bonus, percentage, gift or any other thing of value for the purchase of any article sold to said county or bought from said county by any person, firm, or corporation; or to accept any free trips, or free transportation, or any other thing of pleasure or value from any person, firm or corporation who contemplates selling any article to the County of Murray or purchasing any article from the County of Murray. Private financial interests forbidden. Section 14. Be it further enacted by the authority aforesaid that in event a one man Board is declared and a vacancy occurs in said office after the election of said Board by reason of death, resignation or otherwise, the affairs of said office shall be conducted by the Ordinary of said county, with all the authority and power of the Board, until his successor is elected and qualified, to be elected at a special election called by the Ordinary of said county, to be held within thirty days after the death, resignation or other cause resulting in said vacancy. In the event a Board of three men is declared, and a vacancy occurs after the election of said members, all the powers and authority of said Board shall be exercised by the surviving members thereof, and the Ordinary of said county

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shall call an election to fill said vacancy within thirty days from the time said vacancy occurs. Vacancies. Section 14-a. In the event a vacancy occurs among the present incumbents on said Board, all the powers and authority of said Board shall be exercised by the surviving members thereof, and no election shall be held to fill said vacancy. Section 15. Be it further enacted by the authority aforesaid that within thirty days after the passage and approval of this Act the Ordinary of Murray County shall call a special election to determine whether the salaries of the present incumbents on said Board shall remain the same as they are now or whether they shall be increased to Five Hundred ($500.00) Dollars per annum for each member. The expense of said election shall be paid by Murray County. Ballots shall be furnished with the words For increasing the salaries of each of the present members of the Board of Roads and Revenues to Five Hundred ($500.00) Dollars per annum, and the words Against increase in salary for each of the present members of the Board of Roads and Revenues. In the event a majority vote cast at said election shall determine that said salaries shall be increased to Five Hundred ($500.00) Dollars, each of the present incumbents on said Board shall receive a salary of Five Hundred ($500.00) Dollars per annum, payable monthly from May 1, 1939 to January 1, 1941. In the event a majority vote cast at said election shall determine that there shall be no increase in the salaries of the present incumbents on said Board, then the salaries of the present incumbents on said Board shall remain the same as existed prior to the passage of this Act. Special election on salary increase. Section 16. Be it further enacted by the authority aforesaid that if for any reason any section, provision or clause of this Act should be held invalid, then such decision shall not affect or destroy the validity of any other portion of this Act.

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Section 17. All laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 20, 1939. MURRAY TAX-COMMISSIONERSALARY. No. 209. An Act to amend an Act entitled an Act to consolidate and abolish the offices of the tax receiver and tax collector of Murray County, Georgia, to fix salary of such officer, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that Section 8 of an Act creating the office of tax-commissioner of Murray County (Georgia Laws 1933, pages 635-637) be amended as follows: By striking from said Section the words Shall be the sum of ($1200.00) one thousand two hundred dollars per annum, payable $100.00 monthly, and in lieu thereof insert the words, Shall be the sum of ($1800.00) one thousand eight hundred dollars per annum, payable $150.00 monthly, the Section when amended shall read as follows: Act of 1933 amended. Section 8. Be it further enacted by the authority aforesaid that the compensation of the tax-commissioner of Murray County for all duties performed by him as a receiver and collector of State, county, county-wide, school tax, county school-district tax, and any and all other taxes shall be the sum of ($1800.00) one thousand eight hundred dollars per annum, payable $150.00 monthly from the funds of said county, upon vouchers drawn as now provided for withdrawals of county funds. Compensation. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with said Act as amended be and the same are hereby repealed. Approved March 20, 1939.

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PAULDING ZONING. No. 82. An Act to authorize the Ordinary of Paulding 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 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 Ordinary of Paulding County shall have the right to create and establish restricted zones or districts throughout the territorial limits of Paulding 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. Zoning powers. Section 2. Said Ordinary 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 the

Page 701

petition of fifty per cent of the owners of the property located in such area or district to be established. Zoning districts. Section 3. Be it further enacted that before any such area or district is established or altered by said Ordinary, notice of the proposed action of the Ordinary shall be given by publication once a week for three weeks in the newspaper wherein the sheriff's advertisements 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, streets, road or roads to be included in the district, and general information as to the nature of the restrictions sought to be imposed, and shall specify the time and place of the meeting before the Ordinary at which such proposed action will be considered. At such meeting before the Ordinary, 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. Publication of proposed zoning. 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 Ordinary 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. Non-conforming uses. 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 Ordinary 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 Paulding 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

Page 702

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. Violations, remedies, etc. 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. Punishment for violation. Section 7. Be it further enacted that the Ordinary of Paulding County shall have the right and he is directed to make and establish rules and regulations to carry into effect this Act and to enforce same, and he is authorized and directed to make additional rules and to modify those existing from time to time as he may see fit in order better to carry out the purposes of this Act. Rules and regulations. Section 8. Be it further enacted that said Ordinary 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 Ordinary, 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. Method of changing zoning districts. Section 9. 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 the General Assembly that it would have adopted the remaining

Page 703

portion of this Act without including therein any such part, parts or section which may for any reason be hereafter declared unconstitutional. Section 10. This Act shall take effect upon its approval. Section 11. Be it further enacted that all laws and parts of laws in conflict with this Act are hereby repealed. Approved February 23, 1939. PEACH ORDINARY AS COMMISSIONER. No. 42. An Act to create the office of Commissioner of Roads and Revenues of Peach County, Georgia; to provide that the Ordinary of said County shall, by virtue of his office, be the Commissioner of Roads and Revenues; to prescribe the term of office of said Commissioner; to define his powers and duties; to provide compensation for said officer and the method of payment of same; to provide for the appointment and compensation of an Attorney at Law, by said Commissioner of Roads and Revenues; to provide for a surety bond for the faithful performance of the duties of said Commissioner; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, as follows: Section 1. That from and after the first day of March, 1939, the County affairs of Peach County, Georgia shall be administered by a Commissioner of Roads and Revenues, and for that purpose the office of Commissioner of Roads and Revenues of Peach County is hereby created. Commissioner created. Section 2. That the present Ordinary of Peach County shall, by virtue of his office as Ordinary, be the Commissioner of Roads and Revenues of Peach County, Georgia;

Page 704

and that said Commissioner of Roads and Revenues shall henceforth hold office for the same term as the Ordinary of said County; that is, the term of office of the Commissioner of Roads and Revenues shall expire on the 31st day of December, 1940, being the date of the termination of the term of office of the present Ordinary. From and after the 31st day of December, 1940, the Ordinary of said County shall, by virtue of his office, be Commissioner of Roads and Revenues of said County, and the office of Commissioner of Roads and Revenues shall continue for four years and each term in the future thereafter shall be for a period of four years; it being the intention of this Act that whoever shall occupy the office of Ordinary of said County shall, by virtue of said office, be the Commissioner of Roads and Revenues of said County. Ordinary to be commissioner. Section 3. It shall be the duty of the Commissioner of Roads and Revenues of said County to administer all of the fiscal affairs of said County; to direct, control and care for all property of the County; to levy such taxes for County purposes as provided by law; to establish, alter and abolish public roads and bridges; to establish, change or abolish election precincts; to establish, change or abolish militia districts; to allow the insolvent lists of said county;all of said duties to be performed as provided by Statute in such cases made and provided; and do and perform such other duties as are usual and incident to the office of Commissioner of Roads and Revenues of the Counties of this State as now provided, or may in the future be provided by the laws of said State. Duties. Section 4. That the Commissioner of Roads and Revenues shall be authorized to employ a competent attorney at law to advise him and to represent the County in any litigation which may arise in which said county is interested, and shall have the right to fix the compensation of said attorney. County attorney.

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Section 5. That the Commissioner of Roads and Revenues of Peach County shall receive as compensation the sum of $200.00 per month which shall be due and payable on the first day of each month, beginning on the first day of March, 1939. No other compensation shall be paid to the said Commissioner of Roads and Revenues, nor shall said Commissioner of Roads and Revenues be entitled to any expenses or other emolument for performing the duties of Commissioner of Roads and Revenues of said County. The compensation provided for herein shall be in addition to the fees now or hereafter provided by law for the Ordinary of said County. Compensation. Section 6. The Commissioner of Roads and Revenues shall, and is, hereby authorized at the end of each month to draw a warrant on the general funds of said County for the payment of his salary as Commissioner of Roads and Revenues. Warrant for salary. Section 7. That the Commissioner of Roads and Revenues shall give a good and solvent bond in the amount of $10,000.00, payable to Peach County, for the faithful performance of his duties, and shall take and subscribe an oath to faithfully and impartially perform the duties of his office. The premium for the payment of said bond aforementioned, if such premium be due, shall be paid out of the general funds of said County. Bond. Section 8. That if for any reason any section, provision, clause or sentence 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 part, section, provision, clause or sentence of this Act which is not in and of itself unconstitutional or invalid; and the remaining portions of said Act shall be enforced without regard to the section, provision, clause or sentence of this Act which may be held to be unconstitutional or invalid. Each word, section, clause and sentence is hereby declared to be separable.

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Section 9. That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved February 10, 1939. PULASKI ORDINARY'S BOND REDUCED. No. 29. An Act to amend an Act to be found on page 1406 of Georgia Laws 1937, by amending Section 1, decreasing the amount of the bond of the treasurer therein provided for from twenty five thousand dollars to Fifteen thousand dollars; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that Section 1 of an Act of the General Assembly of Georgia, to be found on Page 1406 of Georgia Laws 1937, be and the same is hereby amended by striking therefrom, in the eighth line thereof, the words Twenty Five Thousand Dollars and substituting in lieu thereof the words Fifteen Thousand Dollars, so that said Section 1 of said Act, when amended, shall read as follows: Act of 1937 amended. Section I. Be it further enacted by the authority aforesaid, that the Ordinary shall give a bond for the faithful performance of the duties imposed upon him by this Act, in such sum as may be determined by the Commissioners of Roads and Revenues of said county, giving as surety on said bond one or more responsible fidelity or surety companies; provided, that the amount of said bond shall not be less than fifteen thousand dollars. The cost of making said bond shall be paid out of the funds of said county on warrant of the Commissioner of Roads and Revenues. Bond reduced to $15,000.

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Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved February 10, 1939. PUTNAM TAX-COMMISSIONER. No. 413. An Act to abolish the offices of tax receiver and tax collector of Putnam County, Georgia; to create the office of tax Commissioner of Putnam County, Georgia; to provide and fix the compensation of said office; to provide that the laws of force as to tax receiver and tax collector when the provisions of this Act shall become effective shall be of full force and effect as to the tax commissioner of Putnam County, Georgia, so far as the same are applicable; to provide that all taxes due and payable at the time the provisions of this Act become effective and all tax fi. fas. heretofore issued shall have full force and effect and be collectible as issued; to provide for the election of said tax commissioner and the method of filling vacancies; to provide for the giving of bonds by such officer; to provide for reports to the State; 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 on and after the passage of this Act the offices of tax collector and tax receiver of Putnam County, Georgia, shall be and they are hereby abolished. This Act to become effective January 1, 1941. Offices of tax collector and receiver abolished. Section 2. Be it further enacted by the authority aforesaid that the office of tax commissioner of Putnam County, Georgia, is hereby created in lieu of said offices and that the rights, duties and liabilities of said office of tax commissioner of Putnam County shall be the same

Page 708

as the rights, duties and liabilities of the tax receiver and tax collector of said county and that all laws applicable to said offices shall be applicable to the tax commissioner of said county so far as the same can apply. Tax commissioner. Section 3. Be it further enacted by the authority aforesaid that all taxes now due and payable and all tax fi. fas. heretofore issued by the tax collector of Putnam County, Georgia, shall have full force and effect and be collectible as issued. Taxes and fi. fas. collectible. Section 4. Be it further enacted by the authority aforesaid that all fees, commissions and all other compensation allowed to the tax receiver and tax collector of Putnam County, Georgia, at the time this Act becomes effective or that might legally be allowed to such officers thereafter were it not for the provisions of this Act, shall accrue to and be collected and be obtained by said county tax commissioner as his compensation as tax commissioner of Putnam County, Georgia. Compensation. Section 5. Be it further enacted by the authority aforesaid that the term of office of said tax commissioner shall be four years and the first election of county tax commissioner of Putnam County shall be held at the same time that the county officers of Putnam County are elected in 1940, and his term shall begin on January 1, 1941, and continue for four years. Any vacancy occurring in the office of tax commissioner of Putnam County shall be filled in the same manner as vacancies in other county offices are filled. Term. Vacancy. Section 6. Be it further enacted by the authority aforesaid that before entering upon the duties of his office said 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 tax collectors, which bonds shall be signed by a bonding company legally authorized to do business in the State of

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Georgia as surety and the fee or cost for suretyship on said bonds shall be paid by the Tax Commissioner. Oath. Bond. Section 7. Said Tax Commissioner shall have an office in the courthouse, which said office shall be kept open at all business hours except on Sundays and legal holidays. Office. Section 8. Be it further enacted that a special election shall be called by the Ordinary of Putnam County, Georgia, at some time to be selected by him between the date of the passage of this Act and January 1, 1940, under the same rules and regulations as now provided by law. The voters' list used in such election shall be the registered voters' list used in the last general election preceding the holding of said special election. At such special election, there shall be submitted to the registered and qualified voters of Putnam County qualified to vote at the said last general election, the retification or rejection of this Act. The ballots shall have written or printed thereon the words For Tax Commissioner of Putnam County, and the words Against Tax Commissioner of Putnam County. Those desiring to vote in favor of the ratification of this Act shall strike out the words Against Tax Commissioner of Putnam County, and those desiring to vote against the ratification of this Act shall strike out the words For Tax Commissioner of Putnam County. The returns of said election shall be certified to the ordinary of Putnam County three days after said election, and the ordinary shall canvass said returns and immediately after doing so declare the results of said election. If a majority of those voting at said election vote for a Tax Commissioner of Putnam County, immediately upon the Ordinary so declaring such returns this Act shall thereupon be ratified by the voters of Putnam County and shall immediately become effective according to the provisions therein stated. If the voters of Putnam County shall vote against a Tax Commissioner of Putnam County, this Act shall thereupon become null, void and ineffectual.

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The Ordinary in calling said special election may set a date the same as for any other election held in said county for other purposes. Referendum. Section 9. Be it further enacted by the authority aforesaid that if for any reason any portion of this Act shall be held by the courts of last resort of this State to be unconstitutional, the whole of this Act shall not thereby become void, but only so much of the same as may be so held to be unconstitutional. Section 10. That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved March 24, 1939. QUITMAN COMMISSIONERSPURCHASES. No. 174. An Act to amend the Acts of Nineteen Hundred and Nineteen, page 736, relating to County Commissioners of Quitman County; to provide for purchases made by the County Commissioners of Quitman County, when such purchases amount to Five Hundred ($500.00) Dollars or more, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, that the Acts of 1919, page 736, an Act relating to the County Commissioners of Roads and Revenue of Quitman County, be amended as follows: Act of 1919 amended. By inserting between Section 11 and Section 12 of said Acts, a section to be known as Section 11, which shall read as follows: Section 11: By and after the approval of this Act by the Governor of Georgia, the County Commissioners of Roads and Revenue of Quitman County shall not purchase, or buy, any materials, equipment, machinery, or

Page 711

anything else, in excess of the sum of Five Hundred ($500.00), except upon a unanimous vote of all of the Commissioners of Roads and Revenue of Quitman County. Such unanimous approval by the Commissioners of Roads and Revenue of Quitman County, shall be subscribed on the minute books of the County Commissioners, and shall be open to public inspection at all times. Expenditures of less than Five Hundred ($500.00) may be authorized by a vote of the majority of the county commissioners. Purchases of over $500. Section 2. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 9, 1939. SCHLEY COUNTY DEPOSITORYREFERENDUM. No. 110. An Act to abolish the office of County Treasurer of Schley County, Georgia; to provide for the selection of a county depository for the funds of the said county; to prescribe the duties and liabilities of the said depository; to provide for the appointment to act in lieu of such depository when necessary; to fix the salary, duties and liabilities of such person so appointed; to provide for the duties of the Ordinary of the said county relative to the objects of this Act; To provide for a referendum election; and for other purposes. Section 1. Be it enacted by the authority of the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that after the first day of January, 1941, or sooner if the office of County Treasurer should become vacant, the office of County Treasurer of Schley County, State of Georgia, be and the same is hereby abolished. County treasurer abolished. Section 2. Be it further enacted by the authority aforesaid that the Ordinary of the said county shall as soon as

Page 712

this Act takes effect, and annually thereafter, designate some solvent chartered Bank in said County as a depository for all county funds in said county now required to be paid over to the County Treasurer, and such depository shall be selected under rules and regulations prescribed by the said Ordinary, not inconsistent with the terms of this Act and existing laws; such depository shall be required to deposit with the said Ordinary good and sufficient bond and security of the amount to be fixed by the said Ordinary as surety for the performance of its obligations hereunder. In the event such bond be with a solvent surety company with the approval of the said Ordinary, the cost and premium of the said bond may be paid out of county funds. Depository. Bond. Section 3. Be it further enacted by the authority aforesaid that immediately upon the qualification of the selected depository the county Treasurer shall pay over to said depository all funds in his hands belonging to said county, together with all books, records and documents pertaining to his office. Transfer of funds. Section 4. Be it further enacted by the authority aforesaid that all orders or warrants for the payments of county funds heretofore addressed to or drawn on the county Treasurer shall be paid by the said County depository; and after this Act goes into effect all such warrants and orders shall be drawn on said county depository. All laws applicable to the said County Treasurer shall become applicable to the said County Depository. The books and accounts of the said depository shall be subject to inspection at all times by the county Ordinary and the Grand Jury of the said County, or any one acting under their direction. Warrants, books, etc. Section 5. Be it further enacted by the authority aforesaid that in the event the Bank selected and appointed by the Ordinary hereunder to act as a depository should fail to qualify by giving bond as herein required, or in the event no Bank in the County will accept such appointment, then the Ordinary of said county may appoint and designate,

Page 713

in his discretion, some citizen of said county to discharge such duties, subject to all requirements of this Act relative to Banks if appointed, except if the citizen be appointed under the provisions hereof he shall be paid a salary not to exceed one hundred and twenty dollars per annum, the same payable quarterly. Alternative if no bank qualifies. Section 6. Be it further enacted by the authority aforesaid that the Commissioners of Roads and Revenues are hereby authorized to levy and collect additional taxes for the payment of the salary of the said county treasurer or such person as may be appointed under the provisions hereof, provided it become necessary to appoint a citizen to perform said duties in lieu of a chartered Bank. Section 7. Be it further enacted by the authority aforesaid that at the general election held in November, 1940, this Act shall be submitted to the qualified voters of Schley County, Georgia, for ratification or rejection. Those qualified voters desiring to vote to make this Act effective shall have written or printed on their ballots the words For abolishing the office of County Treasurer. Those desiring to vote against making this Act effective shall have written or printed on their ballots the words Against abolishing the office of County Treasurer. Should a majority of those voting at said election vote For abolishing the office of County Treasurer, then this Act is to become of full force and effect. Should a majority of those voting at said election vote Against abolishing the office of County Treasurer, then this Act is to become null and void. Referendum. Section 8. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 3, 1939.

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SCHLEY TAX-COMMISSIONERREFERENDUM. No. 113. An Act to consolidate the office of Tax Receiver and Tax Collector in the County of Schley, to fix the compensation for the Officer performing the duties of said office when so consolidated, to provide for a referendum election, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the office of Tax Receiver and Tax Collector for the County of Schley, State of Georgia, be and the same is hereby consolidated and the officer performing the duties of said two offices, when so consolidated, shall be known as the Tax Commissioner of Schley County. Tax commissioner. Section 2. Be it further enacted by the authority of the same, that said Tax Commissioner as aforesaid shall perform all duties which are now performed by the Tax Receiver and Tax Collector of Schley County and shall receive as compensation therefor the sum of one thousand dollars per annum, the same to be paid in monthly installments, and the County Commissioners of Roads and Revenues of Schley County are hereby authorized to collect and to levy a tax upon all property of said County sufficient to pay said salary so fixed. Duties and salary. Section 3. Be it further enacted by the authority aforesaid, that the Tax Commissioner shall be elected by the qualified voters of said County at the general State election to be held in said County in the year 1940, to serve for a term of four years beginning January 1st, 1941, and thereafter the term of said Tax Commissioner shall be for a term of four years, and shall be elected by the qualified voters of said County at the regular State election held in said county immediately preceding the expiration of the incumbent. Election and term.

Page 715

Section 4. Be it further enacted by the authority aforesaid that said Tax Commissioner before entering upon a discharge of the duties of said office shall take the following oath, I,....., Tax Commissioner of the County of Schley, do swear that I will faithfully discharge the duties required of me as Tax Commissioner of the County of Schley, as Tax Commissioner of returns of taxable property, or of persons or things specially taxed in the county to which I am elected, as required of me by the laws, and will not receive any return but on oath or affirmation, and will before receiving returns carefully examine each, and will faithfully discharge the duties required of me as Tax Collector, and that I will faithfully search out and make true returns of all defaulters, polls professions, and all taxable property not found on the tax digest, or not returned to the Clerk of the Superior Court by the 15th of August, and that I will pay over all taxes collected by me, as required by law. So help me God. Oath. Section 5. Be it further enacted by the authority aforesaid said Tax Commissioner shall give bond and security in the sum and manner now provided by aw for Tax Collector; the security on said bond to be a reliable Bonding Company. Which bond shall be filed and approved before said Tax Commissioner enters upon a discharge of his duties. Bond. Section 6. Be it further enacted by the authority aforesaid that all compensation or fees which are now received by law by said Tax Collector and Tax Receiver for services rendered the State of Georgia and which are paid to them by the State of Georgia, as distinguished from the county, shall be received by and paid to the County of Schley, the same to be paid over to the Treasurer of said county by the proper authorities of the State of Georgia, in the same manner as the same are now paid to said Tax Collector and Tax Receiver. State fees.

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Section 7. Be it further enacted by the authority aforesaid that all fees, commissions, costs, percentages, penalties, allowances, and all perquisites of whatever kind which are now, or which may be hereafter allowed by law, to be received or collected as compensation for the services by any of the above named officers, shall be received or collected as compensation for services by any of the above named officers, shall be received and collected by said Tax Commissioner for the sole use of the County and shall be held as public moneys belonging to said county and accounted for and paid over to said county on the first day of each month at which time a detailed statement shall be made by said Tax Commissioner, under oath, showing such collections, and the source from which collected, and the County Treasurer shall keep a separate account showing the sources from which said funds were paid. Fees to county. Section 8. Be it further enacted by the General Assembly of Georgia that at the general election held in November, 1940, this Act shall be submitted to the qualified voters of Schley County, Georgia, for ratification or rejection. Those qualified voters desiring to vote to make this Act effective shall have written or printed on their ballots the words For consolidating the office of tax receiver and tax collector. Those desiring to vote against making this Act effective shall have written or printed on their ballots the words Against consolidating the office of tax receiver and tax collector. Should a majority of those voting at said election vote For consolidating the office of tax receiver and tax collector, then this Act is to become of full force and effect January 1, 1941. Should a majority of those voting at said election vote Against consolidating the office of tax receiver and tax collector, then this Act is to become null and void. Referendum.

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Section 9. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1939. SCREVEN COUNTYHUNTING SEASONS. No. 237. An Act to regulate the hunting of deer, squirrels, wild turkeys, doves, and quail in and for the County of Screven; and for other purposes. Section 1. Be it enacted by the General Assembly, and it is hereby enacted by authority of same, that on and after passage and approval of this Act it shall be unlawful to hunt or kill deer, squirrels, wild turkeys, doves or quail in the County of Screven, except as hereinafter provided. (a) The season for hunting or killing deer, squirrels, or wild turkeys shall be from August 15th to January 1st, inclusive, of each year. Deer, squirrels, or wild turkey. (b) The season for hunting doves or quail shall be from November 1st to February 1st, inclusive, of each year. Doves or quail. Section 2. Be it further enacted by the authority aforesaid, that the possession of a gun and loaded shells, while in the fields, woods or swamps between January 31st and August 15th of each year, shall be evidence of guilt of violation of this Act and shall be punished as for a misdemeanor, as provided by law. The possession of shells loaded with shots smaller than size four inclusive between August 15th and November 1st, of each year, while hunting in the woods, fields or swamps shall be evidence of guilt of hunting game other than deer, squirrels and wild turkeys and shall be punishable as for a misdemeanor as provided by law. The possession of shells loaded with shots larger than size four inclusive while hunting in the woods, fields or swamps between January 2nd and January 31st, inclusive, shall be

Page 718

evidence of guilt of hunting game other than doves or quail, and shall be punishable as for a misdemeanor, as provided by law. Possession of gun and loaded shells. Section 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1939. SCREVENGOATS AT LARGEREFERENDUM. No. 167. An Act to prohibit goats from running at large in the County of Screven; to provide penalty for violation of this Act; to provide for a referendum submitting this Act to the qualified voters of Screven 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 and ratification of same by the voters of Screven County as herein provided for, it shall be unlawful for the owner or owners, whether firms or individuals, to permit goats to run at large in the County of Screven, in said State. Goats at large prohibited. 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 Screven County, and upon conviction shall be punished as such. Penalty. Section 3. It shall be the duty of the sheriff of Screven 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 Screven, and said sum when so collected shall be paid to the county school superintendent and shall be by said county school

Page 719

superintendent expended in support of the common schools of said County of Screven. Sheriff to prosecute. 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 Screven 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 may be corralled. But on second offense said animals shall be sold and the funds so derived be turned over to and expended as heretofore provided. Goats to be apprehended and sold. Section 5. Be it further enacted that before this Act shall go into effect and become a law, it shall be submitted to the qualified voters of Screven County, at the general election to be held on June 6, 1939, if said election is held on said date, and if said general election is not held on said date, then in that event, the ordinary of Screven County shall appoint election managers in each of the districts of the county for the purpose of holding an election in which this Act shall be submitted to the voters of Screven County. The ordinary is directed to publish a notice of said election at least thirty (30) days before the date herein named. It is further provided that the ordinary shall receive the returns from each of the election precincts and declare the results of the election. The question to be voted upon in the said election shall be submitted to the voters in the following form: For prohibiting goats from running at

Page 720

large in Screven County, or Against prohibiting goats from running at large in Screven County. Said ballots shall be printed by the ordinary of Screven County at the County's expense and shall be furnished to the voters of each voting precinct of the county. If a majority of the voters in said county shall vote For prohibiting goats from running at large in Screven County, then this Act shall become a law effective upon announcement by the ordinary of the result of the election. If it should fail to receive a majority of the votes cast in said election, then it shall not become the law. Referendum. Section 6. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 9, 1939. SCREVEN TAX-COMMISSIONERREFERENDUM. No. 104. An Act to abolish the offices of tax receiver and tax collector of Screven County, Georgia; to create the office of Screven County Tax Commissioner; to fix his qualifications, his compensation, his duties and his term of office; to provide that the laws of force as to tax receiver and tax collector when the provisions of this Act become effective shall be of full force and effect as to Screven County Tax Commissioner, so far as the same are applicable, and where not herein abolished; to provide that the tax fi. fas. issued by the tax collector and unpaid when this Act takes effect shall continue of full force and be collected by the Tax Commissioner as could have been by the tax collector; to provide that all fees, commissions, and other costs and compensations formerly paid to either the tax receiver or the tax collector, or, collected by either of them before

Page 721

this Act becomes effective, shall be collected by the Screven County Tax Commissioner and by him paid to the County Board of Roads and Revenues of Screven County, or the bank designated as a depository for the county funds; to provide for the election of Screven County Tax Commissioner; to provide for the filling of vacancies in the office of Tax Commissioner; to provide for the giving of bonds by such officer; to provide for reports to the State and county and the making of settlements, the taking of the oath of Screven County Tax Commissioner; to provide a referendum submitting this Act to the qualified voters of Screven County; to provide for the ordinary calling said election and the manner in which said election shall be held if no general election is held on June 6, 1939; and the putting into effect the Constitution of the State, as contained in Article II, Section 3, Paragraph 1; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the offices of tax receiver and tax collector of Screven County, Georgia, are hereby abolished and the duties of the two offices aforesaid are hereby consolidated into one office. Tax receiver and tax collector abolished. Section 2. Be it further enacted by authority aforesaid, that the office of Screven County Tax Commissioner is hereby created in lieu of said abolished offices of tax receiver and tax collector, and the rights, duties and liabilities of said office of Screven County Tax Commissioner shall be the same as the rights, duties and liabilities of the tax receiver and tax collector of said county, so far as the same are applicable. Tax commissioner. Section 3. Be it further enacted by the authority aforesaid, that all taxes that are due and payable at the time the provisions of this Act become effective, and all tax fi. fas. heretofore issued by the tax collector of Screven

Page 722

County, Georgia, shall have full force and effect and be collected by the Screven County Tax Commissioner. Taxes and fi. fas. collectible. Section 4. Be it further enacted by the authority aforesaid, that all fees, commissions, and all other compensations, except commissions on State, corporation, and special taxes including corporation capital stock taxes, allowed to the tax receiver and tax collector of Screven County, Georgia, at the time this Act becomes effective, all that might legally be allowed to such officers thereafterward were it not for the provisions of this Act, shall be collected by said Tax Commissioner and paid into the treasury of Screven 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 Screven County at any time prior to the time this Act becomes effective 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 Screven County had been succeeded by another tax collector and tax receiver. Fees to county Section 5. Be it further enacted by authority aforesaid, that Screven County Tax Commissioner shall hold office for a term of four (4) years, beginning January 1, 1941, and said Tax Commissioner shall be elected at the regular general election to be held for the State in 1940, and every four years thereafter. Term. Section 6. Be it further enacted by authority aforesaid, that said Screven County Tax Commissioner shall be elected at the general election held in the State of Georgia in the year 1940, and at the same general election each four years thereafter in the same manner, time and place as clerks of the Superior Court are elected. Election.

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Section 7. Be it further enacted by authority aforesaid, that said Screven County Tax Commissioner shall be commissioned and qualified as clerks of the Superior Courts are. Commission and qualification. Section 8. That the compensation of the County Tax Commissioner of Screven County, Georgia, as hereinafter fixed, shall be full compensation for any and all the duties performed by him as tax receiver and tax collector of the county, school district, and any and all other taxes, except State, corporation and special taxes, including corporation capital stock taxes. Said salary is hereby fixed at Twenty-four hundred dollars ($2400.00) per annum, to be paid in monthly installments of Two hundred dollars ($200.00) 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 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. Compensation. Section 9. Be it further enacted by authority aforesaid, that before entering upon the duties of his office the said Screven County Tax Commissioner shall take the oath now prescribed by law for tax receiver and tax collector and shall give a bond in such sum as may be fixed by the Board of Commissioners of Roads and Revenues of Screven County, Georgia, and shall also give a bond in such sum as may be fixed by the Commissioner of Revenue of the State of Georgia, which bonds shall be signed as surety by a bonding company legally authorized to do business in the State of Georgia and the bond made payable to the Commissioners of Roads and Revenues of said county shall be approved by said Commissioners, and the bond made payable to the Commissioner of Revenue of the State of Georgia to be approved by the Commissioner

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of Revenue of the State of Georgia. The premiums on said bonds shall be paid by the Commissioners of Roads and Revenues of Screven County out of the funds of Screven County, Georgia, as a part of the expense of the county government. Oath. Bond. Premiums. Section 10. Be it further enacted by authority aforesaid, that the Commissioners of Roads and Revenues of Screven 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 Screven County Tax Commissioner and said County Commissioners shall pay annually out of the general funds of the county the premium of the bond or bonds required of said Screven County Tax Commissioner. Tax levy. Section 11. Be it further enacted by authority aforesaid, that said Screven County Tax Commissioner shall have his office in the courthouse of Screven County and shall keep his office open every day of the year except Sundays or legal holidays; and he shall not be required to go into any of the various precincts of said county, either to receive or collect taxes, but all taxes shall be received and collected at his office. Office. Section 12. Be it further enacted by authority aforesaid, that if a vacancy should at any time occur in said office of Screven County Tax Commissioner, then the same shall be filled in the same manner as vacancies are filled in other county offices. Vacancy. Section 13. Be it further enacted by authority aforesaid, that if at any time there should occur a vacancy in the office of Screven County Tax Commissioner, it shall be the duty of the Commissioners of Roads and Revenues of Screven County and they are hereby empowered to immediately designate some competent person to take charge of said office and perform the duties thereof until an election is held and a Tax Commissioner is qualified

Page 725

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 Screven County Tax Commissioner and he shall give the bond and take the oath required of said Tax Commissioner herein. Section 14. Be it further enacted by authority aforesaid, that said Screven County Tax Commissioner be, and he is hereby required to furnish the Commissioners of Roads and Revenues with an itemized statement under oath, each month, all fees, commissions, costs or other money received and collected by him for said county and to furnish such reports to the State authorities as are now required or may hereafter be required of tax receivers and tax collectors of this State. And said Screven County Tax Commissioner is required to make settlement on the first day of each month with the Commissioners of Roads and Revenues of said county of all moneys collected by him during the previous month, and shall likewise make a similar statement with the State authorities. Financial statements. Section 15. Be it further enacted by the authority aforesaid, that if for any reason any portion of this Act shall be held by the court of last resort of this State to be unconstitutional, the whole of this Act shall not thereby become void but only so much of the same as may be held to be unconstitutional; the purpose of this Act being to put into effect the Constitution of this State as contained in Article II, Section 3, Paragraph 1. Section 16. Be it further enacted, that before this Act shall go into effect and become a law it shall be submitted to the qualified voters of Screven County, at the general election to be held on June 6, 1939, if said election is held on said date and if said general election is not held on said date then in that event the ordinary of Screven County shall appoint election managers in each of the districts of the county for the purpose of holding an election in which this Act shall be submitted to the voters of Screven

Page 726

County. The ordinary is directed to publish a notice of said election at least thirty days before the date herein named. It is further provided that the ordinary shall receive the returns from each of the election precincts and declare the results of the election. The question to be voted upon in said election shall be submitted to the voters in the following form: For the abolition of the offices of Tax Receiver and Tax Collector of Screven County and to create the office of Tax Commissioner of Screven County, or Against the abolition of the offices of Tax Receiver and Tax Collector of Screven and to create the office of Tax Commissioner of Screven County. Said bollots shall be printed by the Ordinary of Screven County at the county's expense and shall be furnished to the voters at each voting precinct in the county. If a majority of the voters in said county shall vote For the abolition of the offices of Tax Receiver and Tax Collector of Screven County and to create the office of Tax Commissioner of Screven County then this Act shall become a law effective; however, if it should fail to receive a majority of the votes cast in said election then it shall not become the law. In case this Act is ratified by a majority of the votes cast in said election the office of Tax Commissioner of Screven County shall be filled in the same manner as other offices of said county. Referendum. Section 17. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved March 3, 1939. SCREVEN TREASURER'S SALARYREFERENDUM. No. 78. An Act to fix the compensation of the County Treasurer of Screven County, Georgia; to provide for a referendum

Page 727

submitting this Act to the qualified voters of Screven County; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, after the passage of this Act and ratification of same by a majority of the voters of Screven County, Georgia, as herein provided, the compensation of the County Treasurer of Screven County, Georgia, be, and the same is fixed as follows: Compensation of treasurer. Commencing July 1, 1939, the compensation of the County Treasurer of Screven County, Georgia, shall be Fifty ($50.00) Dollars per month, payable monthly by the Commissioners of said County, at their monthly meeting; and in addition to paying said Treasurer Fifty ($50.00) Dollars per month, said Commissioners shall pay the fee charged by a bonding company for the bond of said County Treasurer. Section 2. Be it further enacted, that before this Act shall go into effect and become a law it shall be submitted to the qualified voters of Screven County, at the general election to be held on June 6, 1939, if said election is held on said date and if said general election is not held on said date then in that event the ordinary of Screven County shall appoint election managers in each of the districts of the county for the purpose of holding an election in which this Act shall be submitted to the voters of Screven County. The ordinary is directed to publish a notice of said election at least thirty (30) days before the date herein named. It is further provided that the ordinary shall receive the returns from each of the election precincts and declare the results of the election. The question to be voted upon in said election shall be submitted to the voters in the following form: For paying the County Treasurer of Screven County Fifty ($50.00) Dollars per month or Against paying the County Treasurer of Screven County, Georgia, Fifty ($50.00) Dollars per month. Said ballots

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shall be printed by the ordinary of Screven County at the county's expense and shall be furnished to the voters at each voting precinct in the county. If a majority of the voters in said county shall vote For paying the County Treasurer of Screven County Fifty ($50.00) Dollars per month, then this Act shall become a law effective July 1, 1939. If it should fail to receive a majority of the votes cast in said election then it shall not become the law. Referendum. 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 23, 1939. SCREVEN TREASURER'S SALARYREFERENDUM. No. 155. An Act to fix the compensation of the County Treasurer of Screven County, Georgia; to provide for a referendum submitting this Act to the qualified voters of Screven County; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, after the passage of this Act and ratification of same by a majority of the voters of Screven County, Georgia, as herein provided, the compensation of the County Treasurer of Screven County, Georgia, be, and the same is fixed as follows: Compensation of treasurer. Commencing July 1, 1939, the compensation of the County Treasurer of Screven County, Georgia, shall be Fifty ($50.00) Dollars per month, payable monthly by the Commissioners of said County, at their monthly meeting; and in addition to paying said treasurer Fifty ($50.00) Dollars per month, said Commissioners shall pay the fee charged by a bonding company for the bond of said County Treasurer.

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Section 2. Be it further enacted, that before this Act shall go into effect and become a law it shall be submitted to the qualified voters of Screven County, at the general election to be held on June 6, 1939, if said election is held on said date and if said general election is not held on said date then in that event the ordinary of Screven County shall appoint election managers in each of the districts of the county for the purpose of holding an election in which this Act shall be submitted to the voters of Screven County. The ordinary is directed to publish a notice of said election at least thirty (30) days before the date herein named. It is further provided that the ordinary shall receive the returns from each of the election precincts and declare the results of the election. The question to be voted upon in said election shall be submitted to the voters in the following form: For paying the County Treasurer of Screven County Fifty ($50.00) Dollars per month or Against paying the County Treasurer of Screven County, Georgia, Fifty ($50.00) Dollars per month. Said ballots shall be printed by the ordinary of Screven County at the county's expense and shall be furnished to the voters at each voting precinct in the county. If a majority of the voters in said county shall vote For paying the County Treasurer of Screven County Fifty ($50.00) Dollars per month, then this Act shall become a law effective July 1, 1939. If it should fail to receive a majority of the votes cast in said election then it shall not become the law. Referendum. Section 3. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 8, 1939.

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TALBOT TAX-COMMISSIONERREFERENDUM. No. 143. An Act to abolish the offices of Tax Collector and Tax Receiver of Talbot County, Georgia; to create the office of Tax Commissioner of said County; to provide for the election of a Tax Commissioner and his term of office; to provide that he shall qualify and take office at the expiration of the present terms of the Tax Collector and Tax Receiver of said county, provided the creation of the office of Tax Commissioner for said county is approved by the qualified voters of said county in the referendum herein provided for; to provided for a referendum submitting to the qualified voters of said county the consolidation of the offices of the Tax Collector and Tax Receiver; to prescribe the duties of the Tax Commissioner when this Act becomes operative after the referendum herein provided for; to fix the salary of said Tax Commissioner; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. That, in accordance with and by authority of Article 1, Section 3, Paragraph 1, of the Constitution of the State of Georgia, as codified in Section 2-8401 of the Code of Georgia of 1933, the offices of Tax Receiver and Tax Collector of Talbot County, Georgia, are hereby abolished, effective January 1, 1941, provided the same is approved by the duly qualified voters of Talbot County in a referendum hereinafter provided for, and if the same is so approved, the duties of the two offices are hereby consolidated into one office, under one person, to be known and designated as the Talbot County Tax Commissioner, and the rights, duties and liabilities of the office of Talbot County Tax Commissioner shall be the same rights, duties and liabilities of the Tax Receiver and Tax Collector of

Page 731

said county in so far as the same are applicable. All general laws of this State now governing the offices of Tax Receiver and Tax Collector shall govern the Tax Commissioner, in so far as the same are applicable, and except as hereinafter provided. Tax commissioner. Section 2. That all taxes that are due and payable at the time the provisions of this Act become effective, and all tax fi. fas. heretofore issued by the Tax Collector of Talbot County shall have full force and effect and shall be collected by the Talbot County Tax Commissioner. Taxes and fi. fas. collectible. Section 3. That all fees, costs and commissions, and all other compensation allowed to the Tax Receiver and Tax Collector of Talbot County, Georgia, at the time this Act becomes effective or that might legally be allowed to such officers thereafter were it not for the provisions of this Act, shall be collected by said Tax Commissioner and a correct and true record kept thereof to be presented to the Board of Commissioners of Roads and Revenues of said county when called for by said Board of Commissioners, and said funds shall be paid into the treasury of Talbot County, Georgia, except as hereinafter provided. Fees to county. Section 4. That the Talbot County Tax Commissioner shall hold office for the term of four years, beginning January 1, 1941, and the said Tax Commissioner shall be elected at the General Election to be held in November, 1940, and every four years thereafter. This Act shall become effective January 1, 1941; provided that the duly registered and qualified voters of Talbot County shall approve the provisions of this Act in a referendum to be submitted to said voters at the time and date an election is held in said County of Talbot, on Tuesday after the first Monday in November, 1939, at the same time an election is held in said county for the election of a Commissioner of Roads and Revenues for said county; the form of submission to be as follows: For creation of the office of Tax Commissioner for Talbot County, Georgia, as provided

Page 732

by the Acts of the General Assembly, 1939; Against creation of the office of Tax Commissioner for Talbot County, Georgia, as provided by the Acts of the General Assembly of 1939; The returns of said election shall be made to the Ordinary of said county, who shall publish the result of the same within thirty days from the date thereof. If the majority of the qualified voters so voting at said election shall favor the creation of said office, then, in that event, the provisions of this Act otherwise provided herein shall become effective. Term and election. Referendum. Section 5. That said Talbot County Tax Commissioner shall receive and be paid, as full compensation for any and all duties performed by him as Receiver and Collector of county, school district, and any and all other taxes except State, professional, poll and special taxes, a fixed salary of One Thousand Five Hundred ($1,500.00) Dollars per annum to be paid in monthly installments of One Hundred Twenty-Five ($125.00) Dollars each; and said Tax Commissioner, out of said salary, shall pay whatever clerical help it may be necessary for him to have to perform the duties of said office. The Tax Commissioner shall be entitled to the commissions now allowed the Tax Collector on all State, professional, poll and special taxes collected by him. Compensation Section 6. That before entering upon the duties of this office the said Talbot County Tax Commissioner shall take the oath now prescribed by law for the Tax Collector and shall give bond and security in an amount as now provided by law for Tax Collector, with some surety company approved by the Ordinary and Board of Commissioners of Roads and Revenues of said county. Oath Section 7. That the taxing authorities of Talbot County, Georgia, shall levy a tax for the maintenance of said office and of the office supplies, and pay the salary of the Talbot County Tax Commissioner, and that said taxing authorities

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shall pay the premium on the bond required of the Tax Commissioner of Talbot County; Georgia. Tax levy. Section 8. That the Tax Commissioner of Talbot County, Georgia, shall have his office in the courthouse of said county. Office. Section 9. That if for any reason any portion of this Act shall by the court of last resort of this State is 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. Section 10. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 6, 1939. TALBOT TAX-COMMISSIONERSALARY. No. 375. An Act to amend an Act entitled An Act to abolish the offices of Tax Collector and Tax Receiver of Talbot County, Georgia; to create the office of Tax Commissioner of said county, etc., approved March 6, 1939, by providing that the compensation for Tax Commissioner shall be Nine Hundred ($900.00) Dollars per annum rather than Fifteen Hundred ($1500.00) Dollars per annum; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled an Act to abolish the offices of Tax Collector and Tax Receiver of Talbot County, Georgia; to create the office of Tax Commissioner of said county, etc.; approved March 6, 1939, be and the same is hereby amended by striking from Section 5 thereof the words and figures One Thousand Five Hundred ($1,500.00) Dollars and by substituting in lieu thereof the words and figures Nine Hundred ($900.00) Dollars and by

Page 734

striking from the said Section 5 the words and figures One Hundred Twenty-Five ($125.00) Dollars and by substituting in lieu thereof the words and figures Seventy-Five ($75.00) Dollars so that Section 5 of the said Act, when amended, will read as follows: Act of 1939 amended. Section 5. That said Talbot County Tax Commissioner shall receive and be paid, as full compensation for any and all duties performed by him as Receiver and Collector of county, school district, and any and all other taxes except State, professional, poll and special taxes, a fixed salary of Nine Hundred ($900.00) Dollars per annum, to be paid in monthly installments of Seventy-Five ($75.00) Dollars each; and said Tax Commissioner, out of said salary, shall pay whatever clerical help it may be necessary for him to have to perform the duties of said office. The Tax Commissioner shall be entitled to the commissions now allowed the Tax Collector on all State, professional, poll and special taxes collected by him. Compensation of tax commissioner. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 24, 1939. TALIAFERRO COMMISSIONERSTERMS AND SALARIES. No. 147. An Act to amend the Act of 1922 (Acts 1922, pages 416-418), approved August 17, 1922, so as to change the term of office Board of County Commissioners of Taliaferro County from two to four years, to fix the term of office, to provide compensation for such officers, to provide for their election, to provide for the conduct of their office and 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 from and after the passage of this Act, the Act of 1922 (Acts 1922; pages 416-418), approved August 17, 1922, be and the same is hereby amended by making the term of office of the Board of Commissioners of Taliaferro County four years instead of two years, as now provided in said Act, and that the present term of said Board of Commissioners be and the same is hereby extended two years, making the present term of office of said Board expire December 31, 1942, instead of December 31, 1940, and that the present Board of Commissioners, to-wit: W. W. Bird, Chairman, C. H. Beazley and Geneva B. Stewart, Commissioners, continue in office to the end of said term as hereby extended. Act of 1922 amended. Terms of commissioners. Section 2. That their successors be elected at the regular election to be held in said county for members of the General Assembly, under the laws applicable thereto, in 1942, for the next four years, and each four years thereafter for succeeding terms. Elections. Section 3. That in case of a vacancy on said Board from any cause, such vacancy shall be filled as now provided by law. Vacancies. Section 4. That the salary of the Chairman of said Board shall be Seventy-five ($75.00) dollars per month instead of fifty ($50.00) dollars per month, as provided in said Act, and that the compensation of the other two members of the said Board remain and continue as now provided by law. Compensation. Section 5. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved March 7, 1939.

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TALIAFERRO TAX-COMMISSIONER. No. 92. An Act to abolish the offices of tax-collector and tax-receiver in and for the County of Taliaferro, and to create in their stead a county tax-commissioner for Taliaferro County, Georgia, as authorized by the General Assembly of Georgia in Act approved August 18, 1924, and ratified as constitutional amendment article 11, section 3, paragraph 1; to define the powers and duties of the said tax-commissioner; to provide the amount of his compensation and method and time of payment; to provide for the collection of taxes, fees, costs, and commissions due when such officer goes into office, to designate where funds collected by the tax-commissioner shall be deposited and to whom paid, to define the terms of office of such tax-commissioner and how elected, and to provide for filling vacancies in such office, to fix the amount and kind of bond to be given by such officer, to provide for reports to the State; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority aforesaid, that from and after the passage of this Act the office of tax-collector and the office of tax-receiver for and in the county of Taliaferro, State of Georgia, be and the same are hereby abolished, and the office of tax-commissioner of Taliaferro County, Georgia, is hereby created in lieu thereof, as authorized by an amendment to the constitution of Georgia, approved August 18, 1924, and found on pages 815-817 Acts General Assembly of Georgia for 1924, and ratified as constitutional amendment article 11, section 3, paragraph 1; it being herein specifically provided, designated and declared that such abolishment and consolidation of the offices of tax-collector and tax-receiver shall not take effect in Taliaferro County, Georgia, until the expiration of the present terms of the officers or

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their successors, in case of a vacancy, now holding the respective positions. Tax commissioner. Section 2. Be it further enacted by the authority aforesaid that the office of tax-commissioner for Taliaferro County, Georgia, is hereby created in lieu of said abolished offices, and the rights, duties, and liabilities of the tax-commissioner of Taliaferro County, Georgia, shall be the same as the rights, duties and liabilities now or that may hereafter be inherent in the office of tax-collectors and tax-receivers of this State, in so far as the same may be applicable. Rights and duties. Section 3. Be it further enacted by the authority aforesaid that all taxes that are due and payable at the time the provisions of this Act become effective, and all tax fi. fas. heretofore issued by the tax-collector of Taliaferro County, shall have the same force and effect and be collectible by the tax-commissioner as issued, and all fees and costs already accrued, but no commissions shall be paid the outgoing officers. Taxes and fi. fas. collectible. Section 4. Be it further enacted by the authority aforesaid that all fees, costs, commissions, and all other compensations heretofore allowed the tax-collector and tax-receiver of Taliaferro County by the State of Georgia for Services rendered to the State, and heretofore paid by the State, or such sums as the State may hereafter allow, except commission on corporation tax, shall be retained by the tax-commissioner as part compensation. Fees as compensation. Section 5. Be it further enacted by virtue of the authority aforesaid that the tax-commissioner of Taliaferro County, shall also receive as compensation to be paid by Taliaferro County in addition to the sums paid by the State of Georgia heretofore enumerated, not including commissions on corporation tax, the total amounts which the tax-collector and tax-receiver of Taliaferro County, Georgia, now receive or would hereafter receive as fees, commissions or costs from Taliaferro County, Georgia,

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or as commissions on local or county-wide or other school taxes levied in said county, or from any other source other than the amounts received from the State of Georgia, not including corporation tax, so that the total compensation paid such tax-commissioner of Taliaferro County 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 Taliaferro County, Georgia, except commission of corporation tax, plus the total fees, commissions and costs of the tax-receiver and tax-collector which might have accrued to such officers had these offices not been abolished. Additional compensation. Section 6. Be it further enacted by the authority aforesaid that the compensation of the tax-commissioner of Taliaferro County, as to his compensation to be paid by said county, shall be paid from the treasury of Taliaferro County by county warrant at the same times, places and manner in which compensation is now paid the tax-receiver and the tax-collector of Taliaferro County and such payments to the tax-commissioner of said county shall be in full of any and all claims for any fees, costs, commissions, or any other charges that have heretofore been or that might hereafter have been, collected by the tax-collector and tax-receiver from Taliaferro County, or the county school authorities, for any and all duties performed. Payment by warrants. Section 7. That the tax-commissioner, immediately upon receipt of same, shall pay into the county treasury all fees, commissions, costs, from any source except from the State of Georgia. Fees to be paid into treasury. Section 8. Be it further enacted by authority of the same that the said tax-commissioner of Taliaferro County shall be elected under the same laws now in force for the election of tax-collector or tax-receiver, and when elected he shall be commissioned for the full term of office then in force in Taliaferro County, and such term of office shall

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begin as the office of tax-collector and tax-receiver would have begun if they had not been abolished. Election. The said tax-commissioner of Taliaferro County shall be required to take the same oath as is now required of tax-collectors and tax-receivers in this State, and such tax-commissioner of Taliaferro County shall give the bond required by the State of Georgia, and such other bond to Taliaferro County as is now required under existing laws for tax-collectors provided that the amount of the bond payable to Taliaferro County, or the ordinary of said county, shall not exceed the amount now required of the tax-collector of Taliaferro County. The said tax-commissioner shall be allowed to give a personal or surety bond, provided such bond be approved by the ordinary of Taliaferro County. Oath. Bond. Section 9. Be it further enacted by virtue of the authority aforesaid that said tax-commissioner shall perform all the duties and be subject to all the penalties heretofore applicable to tax-collectors and tax-receivers of Taliaferro County, and shall have authority to transact any and all business heretofore transacted by either or both of such officers in regard to closing matters left unfinished at the expiration of the present terms of the tax-collector and tax-receiver of Taliaferro County. Duties. Section 10. Be it further enacted that any vacancies in the office of tax-commissioner of Taliaferro County shall be filled as provided by law for filling vacancies in the office of tax-collector of such county. Vacancy. Section 11. Be it further enacted by virtue of the authority aforesaid that all deposits of money collected from taxes or other sources as are now collected by the tax-collector of Taliaferro County or by the tax-receiver, which are public funds, shall be deposited by such tax-commissioner of Taliaferro County in the duly designated county depository of Taliaferro County. Depository.

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Section 12. Be it further enacted by virtue of the authority aforesaid that said tax-commissioner of Taliaferro County be and he is hereby required to make such reports to the State and County authorities as are now required or may hereafter be required of tax-collectors and tax-receivers of this State. Reports. Section 13. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 25, 1939. TATTNALL COMMISSIONERSAMENDMENTS. No. 199. An Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Tattnall, approved August 18, 1927, by providing that said Board shall consist of five members instead of four, by naming the Chairman and fixing his salary and duties, providing for a Vice-Chairman, providing for county depositories, for a purchasing agent and other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that section 1 of the aforesaid Act approved August 18, 1927, be and the same is hereby amended by striking from lines four and five the words, To consist of four persons. Act of 1927 amended. Section 2. Be it further enacted by the authority aforesaid, that section 5 of the aforesaid Act is hereby repealed and the following enacted in lieu thereof, Be it further enacted by the authority aforesaid that said Board of said Commissioners shall be composed of five men, one from each of the road districts heretofore provided and one from the county at large. They shall each be elected by the qualified voters of said county. Each of them shall live in

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the road district he represents, except the one elected from the county at large. Each of said Commissioners shall have lived in said county for at least five years and in the district for which he is elected at least two years before his election. Members and election. Section 3. Be it further enacted by the authority aforesaid that section 8 of said Act be and the same is hereby repealed and the following enacted in lieu thereof, Be it further enacted by the authority aforesaid, that before any commissioner shall qualify and perform any of the duties of his office, he shall give bond payable to and approved by the ordinary of said county for the faithful performance of any and all of the duties of said office, the bond of the chairman of the board to be in the sum of $15,000.00 signed by some solvent surety company authorized to do business in the State of Georgia, the premium of the same to be paid by said county. The bonds of the other commissioners shall be in the sum of $2,000.00, either by a surety company or personal sureties. Bond. Section 4. Be it further enacted by the authority aforesaid that section 9 of the Act aforesaid be and the same is hereby amended by adding the following words, Any vacancy caused by the death, removal or resignation of the chairman of the said board, shall be filled in the same manner except that the appointee may be from and live in any section of the county. Vacancies. Section 5. Be it further enacted by the authority aforesaid that section 13 of the aforesaid Act be and the same is hereby repealed and the following is enacted in lieu thereof, Be it further enacted by the authority aforesaid that said commissioners shall select one or more banks as depository or depositories for county moneys, under such plan and agreement as may be agreed upon between said commissioners and such bank or banks, but in no event shall any bank be paid compensation for acting as depository. County depository.

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Section 6. Be it further enacted by the authority aforesaid that section 14 of said Act be and the same is hereby repealed and the following enacted in lieu thereof, Be it further enacted by the authority aforesaid that no member of the said board of Commissioners shall buy anything from or sell anything to, or perform any contract of service either directly or indirectly with said board, and if he does, he shall be guilty of a misdemeanor. Private financial interests forbidden. Section 7. Be it further enacted by the authority aforesaid that section 15 of the aforesaid Act be and the same is hereby repealed, and the following enacted in lieu thereof, Be it enacted by the authority aforesaid that all members of the board of Commissioners, except the chairman, shall receive as their compensation $5.00 a day for each day of actual service, provided that no commissioner except the chairman shall be paid for more than sixty days service during any one year. The said commissioners may elect a clerk of said board whose duty it shall be to keep a record of the actings and doings of the board, at the court-house in said county, said records to be open to the inspection of any citizen of said county at all times, if the same does not conflict with the meetings of the board, and shall perform such other duties as may be assigned him by said board and shall keep all the books and records of his office in a neat first-class and business like condition at all times. Such clerk shall receive compensation for all his duties as such clerk in such amount as fixed by said board, not exceeding $75.00 a month and this shall include his salary and all expenses connected with his duties. Said clerk may be either a man or woman. Said clerk before entering upon his duties shall give bond with good security in a sum fixed by the commissioners, not less than $2,500.00, payable to and approved by the commissioners, conditioned for his faithful performance of all the duties as such clerk. Said commissioners before entering upon their duties as such shall take an oath before the ordinary of said county for the faithful performance of their duties. Compensation. Clerk.

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Section 8. Be it further enacted by the authority aforesaid that Section 16 of said Act be and the same is hereby repealed and the following enacted in lieu thereof, Be it further enacted by the authority aforesaid that the chairman of said board shall be the purchasing agent for said county for all things needed by the different departments of said county including all supplies for the different county officers, for the convicts and their maintenance and in fact for everything purchased by said county. He shall at no time pay more than the fair market price for the same and shall monthly at the regular meeting of the board, report to the board all purchases made during the past month and exhibit an itemized statement for the same, and it sworn to by the party from whom he purchased. Said purchases shall then be approved by the commissioners, if they find the same just, fair, correct and reasonable. Chairman to be purchasing agent. Section 9. Be it further enacted by the authority aforesaid that section 17 of the aforesaid Act be and same is hereby amended by striking from line 35 thereof the words, One bank in Reidsville to do the work formerly done by county treasurer and said bank shall do said work without any compensation. Stricken language. Section 10. Be it further enacted that section 18 of said Act be and the same is hereby amended by at the end of said Act adding the following words, The compensation of superintendent or warden of such chain-gang shall be fixed by the board, but in no event shall his salary exceed $150.00 per month. However, he may be allowed traveling expenses for traveling done by him for and within the county. Compensation of chain-gang warden. Section 11. Be it further enacted by the authority aforesaid that section 24 of the aforesaid Act is hereby repealed and the following enacted in lieu thereof, Be it further enacted by the authority aforesaid that the four county commissioners now in office shall continue as such until the expiration of their terms and in addition to them a fifth

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man who is herein made chairman of said board is added to said board. Said fifth man shall hold office as a member of and chairman of said board from the approval of this Act until January 1, 1941, and until his successor is elected and qualified. His successor shall be elected at the regular election in November 1940, as other members of the board, and shall hold office for four years. The chairman of said board shall be on duty during the working hours of each day, Sundays and holidays excepted, and shall devote a sufficient amount of his time to properly perform all of his duties and carry on the business of the county in a business like manner immediately after the passage of this Act. The judge of Superior Court of the Atlantic Judicial Circuit shall appoint a qualified voter of said county a member of said board and he shall be the chairman of said board of commissioners and he shall enter upon his duties as soon as he qualifies by taking oath and giving the required bond. He shall be paid a salary not less than $150 per month and not more than $200 per month, due and payable on the first day of each month for the preceding month, and necessary expenses when on business for the county outside of the county. In addition to the above he shall be paid mileage at the rate of 5 per mile for all necessary traveling done by him on the business of the county Chairmanduties, etc. Section 12. Be it further enacted that section 25 of said Act be and the same is hereby repealed and the following enacted in lieu thereof, Be it further enacted by the authority aforesaid that at the first meeting of said board in which said chairman participates, one member shall be elected as vice-chairman and who shall act as chairman on all matters when the chairman is disqualified by interest, relationship or otherwise from presiding or acting. All warrants for the payment of any county money shall be drawn and signed by the clerk and countersigned by the chairman of the board, and the paying out of any county funds in any other manner is unauthorized and anyone

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paying out county money otherwise shall be guilty of a misdemeanor. Warrants. Section 13. Be it further enacted that all laws and parts of laws in conflict with this section be and the same are hereby repealed. Approved March 17, 1939. TATTNALL PRISON FARM LAND SALE AUTHORIZED. No. 286. An Act to authorize and empower the Governor of the State of Georgia to sell a certain tract of land of the Tattnall Prison Farm to the County Board of Education of Tattnall County, and authorizing and directing the Governor to execute a deed or other written instrument conveying title to the same at private sale, provided an acceptable offer of purchase is made; 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 Governor of the State of Georgia is hereby authorized and empowered to sell at private sale for cash, to the County Board of Education of Tattnall County, and to execute a deed or other written instrument of conveyance thereto, upon receipt of an acceptable offer of purchase, the following described real estate: Tract described. All that certain tract or parcel of land containing 8.40 acres, more or less, known as a part of the Tattnall Prison Farm, located in the 1645th District G. M., Tattnall County, Georgia, and more particularly described as follows: Beginning at a point on the public road at the Northeast corner of Cedarshaw School lot, and running along the West side of said road North 15 degrees West

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6.07 chains; thence South 59 degrees West 12.55 chains; thence South 19 degrees East 9 chains; thence North 72 degrees East 3.59 chains; thence North 19 degrees West 3.80 chains; and thence North 59 degrees East 8.40 chains, to the point of beginning. Section 2. The authority granted in the foregoing section is conditioned upon an amount being paid therefor which is acceptable to the Governor, and the proceeds received therefrom shall be paid into the State Treasury as provided by law. Condition. Section 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby, repealed. Approved March 24, 1939. TELFAIRSHERIFF'S PRISONER FEES. No. 371. An Act to amend an Act approved August 27th., 1931, pages 566 to page 574, Georgia Laws, 1931, which created the office of Commissioner of Roads and Revenue of said county of Telfair, by adding to said Act a new paragraph following section sixteen (16) of said Act, to be known as Section sixteen (16) A., which said section shall provide for the amount of fees or charges to be made by the Sheriff of said county for feeding prisoners, and to authorize the Commissioner of Roads and Revenue of said county or other fiscal authority of said county to pay said fees and charges out of county funds. Be it enacted by the General Assembly of Georgia: Section 1. That the Act approved August 27, 1931, which created the office of Commissioner of Roads and Revenue of Telfair County be and the same is hereby

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amended by adding a new section following section number sixteen (16) on page 573 of said Act, and to be known as Section Sixteen A, and to read as follows: Act of 1931 amended. Section 2. That the Commissioner of Roads and Revenue of said county of Telfair or other officer having in charge the fiscal affairs of said county shall pay to the sheriff of said county on the first of each month, beginning April 1st., 1939, the sum of Eighty Cents per day for each prisoner which shall have been fed by said sheriff. Monthly payments. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 24, 1939. TOWNSNUMERICAL TAX RECEIPTS. No. 368. An Act to require the Tax Collector of Towns County to issue all tax receipts in numerical order and to have all receipts issued and to be issued numbered numerically; to provide a penalty for violation of this Act; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That from and after the passage of this Act, it shall be the duty of the Tax Collector of Towns County, Georgia, to issue all tax receipts in numerical order and to have all receipts issued, and to be issued, numbered numerically. Receipts in numerical order. Section 2. Any violation of the provisions of this Act shall be punishable as for a misdemeanor. Punishment for violation. Section 3. All laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved March 24, 1939.

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TROUP TAX-COMMISSIONERTAX EXECUTIONS. No. 188. An Act to amend an Act to consolidate the offices and duties of Tax Receiver and Tax Collector of Troup County, Georgia, and create the office of Tax Commissioner, approved August 20th, 1927 (Georgia Laws 1927, page 695), by adding thereto a new section relieving the Tax Commissioner of Troup County, Ga., from the duty of accounting for fees for issuing tax executions on all such executions issued prior to the approval hereof and vesting in the Board of Commissioners of Roads and Revenues of Troup County, Ga., the right to waive and authorize the said Tax Commissioner to wavie the exaction and collection of such fees from and after the passage and approval of this Act. 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 20th, 1927 (Georgia Laws 1927, page 695 et. seq.) being an Act to consolidate the duties of Tax Receiver and Tax Collector by creating the office of Tax Commissioner of Troup County, Ga., is hereby amended by adding thereto a new section to be known and designated as Section 13-A to read as follows: Act of 1927 amended. Section 13-A. From and after the passage of this Act the Tax Commissioner of Troup County, Ga., shall be, and he is, hereby relieved of accounting for or paying over to the State or any Subdivision of the State of Georgia any fees accrued or earned or due to State of Georgia or the County of Troup for or on account of the issuance of any tax executions for and during those years from the year 1929 through 1938. Tax execution fees. Be it further enacted that the Board of Commissioners of Roads and Revenues of Troup County, Ga., are vested

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with power and authority to waive and to authorize the said Tax Commissioner to waive the levying and exaction or collection of all fees for issuing tax executions after the approval of this Act; provided, however, that nothing herein shall forbid the Sheriff of Troup County, or any legal constable of Troup County or the State of Georgia from collecting and exacting the fees for issuing tax executions as provided by law on all tax executions delivered to them for collection. The purpose hereof being that as to tax executions issued by the Tax Commissioner of Troup County after the approval of this Act, the Board of Commissioners of Roads and Revenues of said County shall have the right and power to waive and relieve the said Tax Commissioner from exacting and collecting such fees for the issuance of tax executions in those cases where such executions are collected by him. Waiver of fees. Sheriff. Purpose of Act. Be it further enacted that in the event of the invalidation of any part or portion hereof, the remainder hereof shall not thereby be vitiated or invalidated. Be it also enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 16, 1939. WALKER BOARD ABOLISHEDREFERENDUM. No. 34. An Act to repeal an Act creating a Board of Commissioners of Roads and Revenue for the County of Walker, approved February 21st, 1873; also to repeal an Act approved August 17th, 1917, repealing the above mentioned Act and creating a Board of Commissioners of Roads and Revenue in and for the County of Walker, State of Georgia, and all Acts amendatory thereof, particularly an Act approved August 15th, 1921, amending Sections 6 and 10 of the Act approved August 17th, 1917, an Act approved August 8th, 1922 amending said Act approved

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August 17th, 1917 and any and all other Acts amendatory of the Act of August 17th, 1917; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that an Act creating a Board of Commissioners of Roads and Revenue for the County of Walker, of the State of Georgia, approved February 21st, 1873, be and the same is hereby repealed. Act of 1873 repealed. Section 2. Be it further enacted by the authority aforesaid, that an Act approved August 17th, 1917, repealing the Act of February 21st, 1873 above mentioned, and creating a Board of Commissioners of Roads and Revenue in and for the County of Walker, State of Georgia, and all Acts amendatory thereof, particularly an Act approved August 15th, 1921, amending Section 6 and 10 of the Act approved August 17th, 1917, and Act approved August 8th, 1922 amending said Act approved August 17th, 1917, and an Act approved August 15th, 1922 amending said Act approved August 17th, 1917, and any and all other Acts amendatory of the Act of August 17th, 1917 be, and the same are hereby repealed. Act of 1917 and amending Acts repealed. Section 3. Be it further enacted that this Act shall not go into effect until January 1st, 1941, and then only after the same has been submitted to the qualified voters of Walker County, Georgia at a special election to be held on September 6th, 1939. The Ordinary of Walker County shall call said election and publish notice thereof in the Walker County Messenger for a period of thirty days prior to the date of said election, and shall furnish the voters with ballots upon which shall be printed For ratification of the Act abolishing the Board of Commissioners of Roads and Revenue of Walker County, Georgia and for a sole Commissioner, and Against ratification of the Act abolishing the Board of Commissioners of Roads and Revenue of Walker County, Georgia, and against a sole

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Commissioner. The returns of said election shall be made to the Ordinary of Walker County, Georgia, who shall consolidate same and declare the result of said election. Referendum. Section 4. Be it further enacted by the authority aforesaid, that if a majority of those voting in said election vote for ratification, this Act shall take effect as of and on January 1st, 1941, and not otherwise; and if this Act is not ratified by a majority of those voting in said election, the same shall be of no further force or effect. 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 10, 1939. WALKER COMMISSIONER'S OFFICE CREATED. No. 39. An Act to create the office of Commissioner of Roads and Revenue for the County of Walker; to provide for his election and recall; to provide for the term of office of the Commissioner; to define certain qualifications of said Commissioner; to define the duties of such Commissioner, and to provide for the proper supervision of his Acts, and the auditing of the books and records kept by him in said capacity as are now kept in the office of the Clerk of the Board of Commissioners of Roads and Revenue of Walker, County, Georgia, or such other books and records as may be necessary to keep; to specify the compensation of such Commissioner for his services, and how it shall be levied and paid; to provide for a bond for the Acts of such Commissioner and generally to provide for the management of the affairs of said county, and for the clerk of such Commissioner; to provide for the selection of the first Commissioner to qualify under the provisions of this Act, and thereafter his successor; and to provide

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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 Georgia, and it is hereby enacted by authority of the same, that from and after December 31, 1940, the county affairs of Walker County, Georgia shall be administered by a Commissioner of Roads and Revenue, and for that purpose the office of Commissioner of Roads and Revenue is hereby created. Commissioner created. Section 2. Be it further enacted by the authority aforesaid, that said Commissioner shall be elected by the qualified voters of said county at the general State election held in said county in 1940, and each four years thereafter, the first Commissioner to hold office for a term of four years beginning January 1st, 1941, and each subsequent Commissioner to hold office for a like term of four years. Election and term. Section 3. Be it further enacted by the authority aforesaid, that in order to be eligible to hold office of said Commissioner, one must have attained the age of twenty-five years, must have resided in said county for four years next preceding the term for which he is elected, must be of good moral character, and must have had some practical business experience, and at least a general knowledge of bookkeeping. Qualifications. Section 4. Be it further enacted by the authority aforesaid, that the managers of elections held under this Act shall consolidate the returns of said elections, as provided by law for general elections held in said county, and certify the results to the Ordinary of Walker County, Georgia; and the one receiving the majority of votes cast in said election shall be commissioned by the Governor of the State of Georgia. However, if no candidate received said majority, it shall be the duty of the Ordinary of Walker County, Georgia, to provide for an election

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not later than twenty days after the aforesaid general elections, for a special election to name a Commissioner of Roads and Revenue. Elections. Section 5. Be it further enacted by the authority aforesaid, that the only eligible candidates for said special election, as outlined in Section 4 of this Act, shall be the two candidates receiving the highest votes in said general election as outlined in Section 4; and after said special election has been held it shall be the duty of the Ordinary of Walker County, Georgia to call the managers of said election together in his office the day following said special election, for a consolidation of the votes, which shall be compiled as provided for in general State elections, and the candidate receiving the highest number of votes cast shall be declared the Commissioner of Roads and Revenue of Walker County, Georgia, and shall be so commissioned by the Governor of the State of Georgia. Special election. Section 6. Be it further enacted by the authority aforesaid, that all expenses incurred in special elections, as outlined in sections Four and Five of this Act, shall be borne by said Walker County, and paid from the treasury or depository of said county, and such managers and clerks as the Ordinary may employ to execute the duties of holding said election shall be paid $2.00 per diem as is fixed by law in holding general State elections. Expenses of elections. Section 7. Be it further enacted by the authority aforesaid, that said Commissioner, before entering on the discharge of his duties as such, shall give bond with good security (said security to be a good and solvent surety company authorized to do business in Georgia), approved by the Ordinary of said county, in the sum of twenty-five thousand dollars, payable to the Ordinary of said county and his successors in office, and conditioned for the faithful discharge by said Commissioner of his duties and the carrying out of the conditions thereof, which said bond may be sued upon in the name of said Ordinary, either

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on his own motion or by direction of the grand jury of said county; and the said Commissioner and his sureties shall be liable on said bond for any breach thereof by way of malfeasance or misfeasance in office, as well as for neglect or nonfeasance. Said Commissioner is authorized to pay the annual premium due on such bond out of the public funds of said county. Bond. Premium. Section 8. Be it further enacted by the authority aforesaid, that said Commissioner shall, before entering upon the duties of his office, make and subscribe to an oath, before the Ordinary of said county, to faithfully discharge his duties and to carry out the provisions of this Act to the best of his skill and knowledge and to the best interest of the entire County of Walker. Oath. Section 9. Be it further enacted by the authority aforesaid that the compensation of said Commissioner shall not exceed $4,000.00 per annum, to be paid monthly out of the county depository or treasury. Said Commissioner shall give his full time to the discharge of his duties as such. Compensation. Section 10. Be it further enacted by the authority aforesaid, that, in addition to the compensation herein provided for said Commissioner, he shall be allowed his necessary traveling expenses incident to the transaction of the business of the county, not to exceed $50.00 per month. Traveling expenses. Section 11. Be it further enacted by the authority aforesaid, that in case of a vacancy in the office of Commissioner, by reason of death, resignation, or otherwise, the Ordinary of said county shall serve as Commissioner until his successor is elected and qualified; and such vacancy shall be filled at a special election called by the Clerk of the Superior Court of said county, and held within thirty days after the death, or resignation, or other cause resulting in such vacancy. All rules and regulations

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governing such special election to fill such vacancy however caused, as provided in this section, shall be those employed by law in other vacancies of county officers of said Walker County, Georgia, and shall comply with provisions in sections four and five of this Act, and the expense of the same paid out of the treasury of Walker County, Georgia, as provided in Section 6 of this Act. Vacancy. Section 12. Be it further enacted by the authority aforesaid that said Commissioner shall have and is hereby vested with exclusive jurisdiction and control over the following matters, viz: in directing, controlling, and caring for all property of the county, according to law; in levying taxes for county purposes, according to law; in establishing, altering or abolishing public roads, bridges, ferries, in conformity to law; in establishing, abolishing, or changing election precincts and militia districts, according to law; in supervising the tax officer's books and allowing the insolvent list of said county, according to law; in examining, settling, and allowing all claims against the county, according to law; in examining and auditing all claims and accounts of officers having the care, management, keeping, collecting, or disbursement of money belonging to the county or appropriated for its use and benefit and bringing them to a settlement; and especially is he charged with frequently examining and auditing the books of the county treasury or depository, the tax-collector, tax-receiver, or tax-commissioner as the case may be, the sheriff, the superintendent of public schools, and other officers of said county through whose hands county funds pass; and this may be done by the Commissioner himself or through certified accountants or bookkeepers employed for the purpose, and he or they may require from all such officers, subject to examination, such reports as may be necessary to keep said Commissioner fully informed at all times of the financial conditions of the county; in controlling, calling for, and managing the convicts of the county, according to law; in making

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rules and managing the convicts of the county, according to law; in making rules and regulations and provisions for the support of the poor of the county, according to law, in promoting and preserving public health of the county with the authority to quarantine against contagious diseases and epidemics, according to law, in regulating and fixing license fee as authorized by law; in providing for and the collection of the commutation road taxes, fixing the amount to be paid in money or the number of days work to be performed in lieu thereof; in trying all road defaulters, according to law; and generally to have and exercise all powers heretofore vested in the Commissioners or Ordinary of said county when sitting for county purposes, and to exercise such other powers as are granted by law, or as may be indispensable to the jurisdiction over county matters or county finances; in selecting and appointing all minor officers or employees of the county whose election or appointment is not otherwise provided for by law, such as superintendents and guards of convicts in the chain-gang, janitor of the courthouse, county physician, and health officer, tax-assessor, county policemen, and other officers and guards as needed and authorized by law. All appointees of said Commissioner shall be subject to suspension or dismissal at any time; and no appointee so suspended or dismissed shall be entitled to a salary or compensation during the suspension or after dismissal, no matter whether the time for which he was appointed has expired or not. Control of county affairs. Section 13. Be it further enacted by the authority aforesaid, that said Commissioner shall have authority to employ a competent attorney at law to advice him and represent the county in any litigation which may arise in which said county is a party. Said Commissioner to pay said county attorney not exceeding $600.00 per annum for his services in advising said Commissioner. Whenever it is deemed necessary said Commissioner may employ additional counsel to assist the county attorney. County attorney.

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Section 14. Be it further enacted by the authority aforesaid, that said Commissioner shall have entire control and management of the convicts of said county sentenced upon all roads or works of said county, and all convicts of this State assigned to the County of Walker by the proper authorities of the State, and shall so employ them according to law and under such plans or working, building, repairing and maintaining of the public roads, bridges, and works of said State, as may now or hereafter be adopted or enforced by law in said county. Control of convicts. Section 15. Be it further enacted by the authority aforesaid, that said Commissioner shall elect one regular day of each week in which he shall remain in his office at the courthouse of said county, for the transaction of public business in connection with his office; and the remainder of the working time in each month, unless necessarily required for the transaction of public business in his office, shall be devoted to the personal supervision of laying out road work, investigation of roads and bridges or other public property, the measure and delivery of supplies to the convict camp, the direction and management of said camp or camps in the most economical manner, and generally to the affairs of the county. He shall devote his entire time to the discharge of his duties as such Commissioner, and during his incumbence in office shall not engage in any business enterprise or accept any other responsibility which will interfere with the discharge of his duties. Office hours, etc. Section 16. Be it further enacted by the authority aforesaid, that said Commissioner shall keep a proper and accurate book of minutes, wherein shall appear all orders and proceedings had and passed with reference to county matters. He shall keep a full and accurate book of county vouchers, wherein shall appear in detail all orders and warrants drawn by him on the county treasury or depository, for what purpose and on what fund. He

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shall also keep a book in which he shall record in itemized form all articles or things of whatever kind purchased by him for the use and consumption of and by any department of the county government, giving the name of the article, date when purchased, from whom purchased, the price paid, therefor, and for which department purchased and used. He shall also keep a cash-book in which he shall daily enter any cash item received by him, from whom received, and for what purpose received. He shall keep a record, separate from other financial affairs of the county, of all expenditures on account of the chain-gang of the county, including supplies, equipment, and expenses thereof, and pay of warden, guards, and other employees of said chain-gang. He shall keep a book of inventory of all county property, including road machinery, live stock, chain-gang outfits, road-working tools, and of every other kind and class of property belonging to said county, together with a fair valuation of the same, where located, in whose custody, and in what condition, which inventory shall be carefully revised each year; and he shall keep such other books and records as may be necessary. Said books and records shall be so kept as to show at all times the financial condition of the county, and shall be open to the inspection of any and all citizens of Walker County, Georgia, who may be interested in same. Records. Section 17. Be it further enacted by the authority aforesaid, that said Commissioner, at the end of each quarter, shall make up an itemized statement showing all amounts collected and expended on behalf of the county during that quarter. Said statement shall show the balance of cash on hand at the beginning of the quarter and at the end of the quarter; also such outstanding obligations as he or his predecessor in office shall have made. He shall verify said statement by an affidavit as follows: I,....., Commissioner of Roads and Revenue of Walker County, Georgia, do solemnly swear that the above is a full and true statement

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of the monetary transactions of my office for the quarter ending....., and that I have not received any rebate, directly or indirectly, whatsoever, nor have I personally profited or known of any illegal profit to any one whomsoever through any transaction of my office; so help me God (Signed)....., Commissioner; Sworn to and subscribed before me, this the..... day of...... Said statement shall be published in the official organ of the county, provided the Commissioner can arrange for its publication at a satisfactory price, not to exceed in any event $1.00 per hundred words. If the Commissioner cannot obtain the publication of said account or statement at a satisfactory price by the official newspaper of the county or some other newspaper with a general circulation in the county, then he shall erect a bulletin-board in the rotunda of the court-house in view of the general public, and post such statement thereon. Quarterly financial statements. Section 18. Be it further enacted by the authority aforesaid, that it shall be unlawful for said Commissioner to employ any person related to him within the third degree either by blood or by marriage, or to contract with such person or persons for any equipment, material, or supplies, or for any work to be done on the public roads, bridges, or other works of the county, except when bids are received for equipment, material, or supplies, or for work to be done on public roads, bridges, or other works of the county, upon full specifications and due advertisement in regard thereto, and a person related to the Commissioner submits a bid and is the lowest bidder therefor. Posting of notice at the court-house door of said county for ten days, or publication of the same in one issue of the official newspaper of the county, shall be considered due advertisement. The Commissioner shall have the right, however, to reject any and all bids; and it shall likewise be unlawful for said commissioner to have any financial interest in the sale or purchase of any articles

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to or from the county, or to receive any rebate, expense account, transportation, or other valuable consideration in connection with or through purchase of any equipment or supplies for the county or the awarding of any contract of said county; and if any Commissioner shall violate any provision of this section, he shall be quilty of a misdemeanor, and upon conviction shall be punished as described in Section 1065 of the Penal Code of Georgia of 1910, and shall forfeit his office; and such conviction shall create a vacancy in said office, which shall be filled as hereinbefore provided for in this Act. Employment or contracts with relatives. Bids. Section 19. Be it further enacted by the authority aforesaid, that no material for public roads, bridges, public buildings, or property under control of said Commissioner of the county shall be purchased except upon written specifications as to quality, and all such material or supplies must be suitable for the purpose intended, of good quality, and standards generally recognized for such purpose as to be used. Metal culverts, concrete culverts, steel bridges, timber bridges, and other road and bridge material shall be purchased upon written specification by the Federal Bureau of Roads or the State Highway Department of Georgia. All laws of Georgia as to competitive bidding for all such material shall be strictly observed. Specifications. Section 20. Be it further enacted by the authority aforesaid, that all purchases of any class of property or material for the use and benefit of the said county, and any and all contracts made in behalf of said county, in which the obligation of the county for said purchases or under said contracts is in excess of $300.00, shall be upon written specifications as to character and quality of goods purchased and full specifications as to contract entered into, and be upon competitive bidding after due advertisement, with the right of the Commissioner to reject any and all bids. Purchases over $300.

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Section 21. Be it further enacted by the authority aforesaid, that said Commissioner may receive contributions for the improvement of public roads, bridges, or public works of the county from any person who owns property adjacent thereto or from any other person who may be interested in the improvement of same, or from the State Government, or from the United States Government; and such contribution when received shall be used for the improvement of same as designated by the contributor; and said Commissioner shall keep a book of accounts, which shall correctly show how all of such contributions, from whom received, and a correct disbursement of same, and he shall take and file receipts for all such disbursement; and he and his sureties on his official bond shall be liable to the Ordinary of said county, for any misappropriation of any such funds, on said bond. Contributions. Section 22. Be it further enacted by the authority aforesaid, that it shall be the duty of said Commissioner, in all roads and bridge work done in said county, to keep always in view what will be to the greater good of the greatest number; and this policy shall be uniformly observed by said Commissioner. Policy. Section 23. Be it further enacted by the authority aforesaid, that said Commissioner shall keep in constant touch with the office of the State Highway Department of Georgia, and the office of the Director of Public Roads of the United States Department of Agriculture, and shall secure and keep in his office and familiarize himself with all bulletins and pamphlets bearing upon the subject of road building, and it shall be his duty at all times to entertain and discuss with such offices and officials theories and methods of road building. Road building information. Section 24. Be it further enacted by the authority aforesaid, that it shall be duty of said Commissioner to have the main streets and thoroughfares of the incorporated cities and towns of said county, which are continuous

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or extensions of public roads leading into or from said cities or towns, worked and kept in repair in the same manner as the public roads of said county are now worked and maintained outside of said cities of said county. Public roads in municipalities. Section 25. Be it further enacted by the authority aforesaid, that it shall be the duty of said Commissioner to co-operate with the officials of the incorporated cities or towns within said county, in securing for said cities or towns appropriations from the State Highway of Georgia or the Federal Government of the United States funds or material for the improvement of such streets or thoroughfares, as may be designated by said city or town officials, said Commissioner, highway engineer or official of Georgia, or engineer or director of the Federal Bureau of Public Roads of the United States. Cooperation with cities. Section 26. Be it further enacted by the authority aforesaid, that the working of streets and thoroughfares in and through the several cities or towns of said county, as herein provided for, shall at all times be under the direction, supervision, and control of said Commissioner, just as the public road work of the county is now performed; provided, that in the event of a disagreement between the said municipal authorities and the said Commissioner as to any matter pertaining to the said work herein provided for, the judgment or decision of the said Commissioner shall be final and prevail in the premises. Control of municipal road work. Section 27. Be it further enacted by the authority aforesaid, that the grand jury sitting at the August term of court in each year may appoint one or more expert accountants, or expert bookkeepers, to audit the books, accounts, warrants, and all other records of said Commissioner. Said accountant or bookkeeper shall have the power to examine upon oath said Commissioner relative to any account, item, warrant, record, or transaction in connection with the Commissioner's office. Said accountant or bookkeeper shall audit all books, accounts, vouchers,

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warrants and other records for said Commissioner up to the first of April of the year following their appointment, and shall prepare an inventory of all property and material of said county on hand at that date, and make report of their finding to the Judge of the Superior Court of said county, who shall submit the same to the grand jury at the first regular term of the Superior Court thereafter, which grand jury in its discretion may provide for the publication of said report in the official newspaper of the county, or in pamphlet form. The grand jury appointing such accountant or bookkeeper shall prescribe the amount to be paid them for their services. Audits. Section 28. Be it further enacted by the authority aforesaid, that it shall be the duty of the grand jury of said county to inquire into the official acts of said Commissioner; and if any grand jury of Walker County, Georgia shall find by a majority vote thereof that said Commissioner has violated any of the terms of this Act, or that he has been wasteful or inefficient, or has wrongfully or fraudulently conducted the affairs of his office, or is otherwise not qualified to manage the affairs of the office, such grand jury so finding may recommend that the grand jury at the next regular term of said Superior Court declare said office of Commissioner vacant; and if said second grand jury, by a majority vote thereof, concurs in the first grand jury's recommendation, then said office shall be, by the order of the Judge of the Superior Court of said county, declared vacant; and thereupon the Clerk of the Superior Court of said county shall proceed to call a special election to fill such vacancy as hereinbefore prescribed. A deposed Commissioner shall not have the right to be a candidate to succeed himself. The ordinary, upon a vacancy being declared as herein provided, shall discharge the duties of the Commissioner until a Commissioner can be elected and qualified. Removal of commissioner.

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Section 29. Be it further enacted by the authority aforesaid, that it shall be the duty of the Ordinary of Walker County to act as Clerk for said Commissioner, keeping all records, books, and minutes of said Commissioner's office, and display them or publish them, as may be directed by said Commissioner, for the information of the general public; and said Ordinary shall receive as compensation $600.00 per annum, payable monthly, at the end of each calendar month, which monthly payment would be fifty dollars. Ordinary to act as clerk. Section 30. Be it further enacted by the authority aforesaid, that if for any reason any section, provision, clause, or any part of this Act shall be held to be unconstitutional and invalid, then that fact shall not affect or destroy the validity or the constitutionality of any other part, section, provision, or clause of this Act which is not in and of itself unconstitutional or invalid, and the remaining portion of this Act shall be in force without regard to the section, provision, or clause or part which may be held to be invalid. Section 31. Be it further enacted, that this Act shall not take effect and no person shall take office under the same until a majority of the voters of Walker County, Georgia, ratify an Act passed, entitled an Act to repeal an Act creating a Board of Commissioners of Roads and Revenue for the County of Walker, Approved February 21st, 1873; also to repeal an Act approved August 17th, 1917, repealing the above mentioned Act and creating a Board of Commissioners of Roads and Revenue in and for the County of Walker, State of Georgia, and all Acts Amendatory thereof, particularly an Act approved August 15, 1921, amending Sections 6 and 10 of the Act approved August 17th, 1917, an Act approved August 17th, 1917, an Act approved August 8th, 1922, amending said Act approved August 17th, 1917, and an Act approved August 15th, 1922 amending said Act approved August 17th,

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1917, and any and all other Acts amendatory of the Act of August 17th, 1917; and for other purposes. Referendum. Section 32. Be it further enacted by authority aforesaid, that the Ordinary of Walker County shall have this Act published once in the official organ of said county at least thirty days before the special election in the year 1939, at which said special election the voters of said county are to pass on the Act referred to in the preceding paragraph. Publication of this Act. Section 33. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 10, 1939. WALTON COMMISSIONERSAMENDMENTS. No. 137. An Act to amend an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Walton, State of Georgia; to provide for the election of the members of said board; to prescribe their powers, duties, qualifications and compensation; to provide for the employment or appointment of a clerk for said Board; to fix his compensation; to provide for the calling and holding of an election by the qualified voters of said county for said commissioners; to repeal all laws in conflict with this Act; and for other purposes, said Act having been approved August 1, 1929 and being published in the Acts of 1929, Pages 747 to 755, so as to provide for a division of Walton County into four road districts, No. 1 being all the territory north of State Highway No. 10, and East of State Highway No. 11; No. 2 being all the territory West of State Highway No. 11 and North of State Highway No. 10; No. 3 being all the territory South of State Highway No. 10 and West of State Highway No. 11; and No. 4 being all of

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the territory East of State Highway No. 11 and South of State Highway No. 10 and providing for the election of one Commissioner from each district by the voters of such district only; to provide for two additional commissioners to serve until January 1, 1941, and their election by the people at the next General Election; to provide the election of a chairman by the voters of the County at Large, to fix his duties and compensation and that of the four commissioners from each of said districts; to repeal all laws and parts of laws in conflict with this Act and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same that Section 1 of the Act of the General Assembly of Georgia, approved August 1, 1929 and found in Georgia Laws for 1929, pages 747 to 755, be and the same is hereby amended by striking the word three in the fifth line of said section on page 748 and by inserting in lieu thereof the word five, so that said section, when so amended will read as follows: Act of 1929 amended. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same that a board of commissioners of roads and revenues for the County of Walton is hereby created, Said board shall consist of five residents of said county and shall be qualified voters for members of the General Assembly in said county, and possess such other qualifications as may hereinafter be prescribed; and they shall be elected by the qualified voters of said county at the time and in the manner as hereinafter prescribed. Five commissioners. Section 2. Be it enacted by the authority aforesaid and it is hereby enacted that Section 2 of said Act be stricken in its entirety and the following enacted in lieu thereof; Section 2. Be it enacted by the authority of aforesaid and it is hereby enacted that P. D. Briscoe, Chairman,

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E. S. Garrett and H. P. Malcom, Commissioners shall continue to serve until January 1, 1941, said P. D. Briscoe to serve as Chairman of the Board and E. S. Garrett, as Commissioner from District No. 2; H. P. Malcom as Commissioner from District No. 4 and D. P. Whitley Commissioner from District No. 3 and Perry G. Smith, Commissioner from District No. 1; and provided further that at the next General Election the qualified voters of Walton County shall elect the Board of Commissioners as follows: The Chairman of the Board shall be elected by the qualified voters from the county at large; the Commissioner from District No. 1 shall be elected by the qualified voters residing within the territory embraced in the County of Walton and lying North of State Highway No. 10 and East of State Highway No. 11, such commissioner to be a freeholder and resident of said district; the Commissioner from District No. 2 shall be elected by the qualified voters residing within the territory embraced in the County of Walton and lying West of State Highway No. 11 and North of State Highway No. 10, such Commissioner to be a freeholder and resident of said district; the Commissioner from District No. 3 shall be elected by the qualified voters residing within the territory embraced in the County of Walton and lying South of State Highway No. 10 and West of State Highway No. 11, such commissioner to be a freeholder and resident of said district; the Commissioner from District No. 4 to be elected by the qualified voters residing within the territory embraced in the County of Walton and lying East of State Highway No. 11 and South of State Highway No. 10, such commissioner to be a freeholder and a resident of said district; and no voter shall vote for said district commissioners outside of the district in which such voter resides, and said districts Nos. 1, 2, 3, 4 are hereby declared to be road districts and no person shall be elected to represent such districts who is not a bona fide resident of said district and upon removal therefrom a vacancy shall be declared for said district and filled as

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herein provided, said Commissioners, after January 1, 1941 shall be elected as other county officers to serve a term of four years as provided herein. Members named. Election of chairman. Election of members. Section 3. Be it further enacted by the authority aforesaid and it is hereby enacted by the same, that Section 6 of said Act be amended by striking the word two in line 9 of said section, on page 749, and by inserting in lieu thereof the word majority so that when amended said section shall read as follows: Section 6. Be it further enacted by the authority aforesaid that said board of commissioners shall hold a regular meeting on the second Monday in each month at the Court House in the City of Monroe; but they may hold a special meeting at any time called by a majority of the Board, and may adjourn the regular meeting from day to day if necessary. At all meetings the Chairman shall preside, if present, and on all questions that may be disposed of there shall be a concurrence of majority of the commissioners; there shall be a yea and nay vote on all important matters, and the vote, recorded on the minutes. Meetings. Section 4. Be it further enacted by the authority aforesaid that Section 7 of said Act be amended by inserting the word Seventy-five in lieu of the word fifty in the second line of Section 7 on page 749. Sec. 7 amended. Section 5. Be it further enacted by the authority aforesaid that Section 8 of said Act be stricken in its entirety and that there be inserted in lieu thereof the following; Section 8. Be it further enacted that at the next General Election a Chairman of the Board of Commissioners and four Commissioners shall be elected to serve for a term of four years beginning January 1, 1941 and thereafter for a term of four years, their terms running concurrently with other officers, the chairman to be elected by the voters of Walton County at large and the commissioners by the voters only residing in each of the four districts and the

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ballots for said election shall be arranged by the proper authorities accordingly. No Commissioner shall be elected who is not qualified to vote for members of the General Assembly of Georgia and who is not at least twenty-five years of age and a freeholder of said county. Returns shall be made to the Ordinary of the said county of said elections, who shall consolidate the same and certify to the Governor of the State who shall issue commissions accordingly. Election, terms, and qualifications. Section 6. Be it further enacted and it is hereby enacted by the authority aforesaid that Section 11 of said Act be and the same is hereby stricken in its entirety and repealed. Sec. 11 repealed. Section 7. Be it further enacted and it is hereby enacted by the authority aforesaid that Section 14 of said Act be stricken in its entirety and is repealed and that there be inserted in said Act as Section 14 the following: Section 14. Be it further enacted by the authority aforesaid that the chairman of said board shall receive as his compensation the sum of eighteen hundred dollars per annum, payable monthly out of the county funds on his own warrant signed also by the Clerk of said board. The four other members of said Board shall receive as their compensation the sum of Sixty dollars per year each, payable monthly out of the county funds on the warrant of the Chairman of said board signed also by the Clerk of said Board. The Chairman shall give his whole time and attention to the business of said county and shall keep his office in the Court House in the City of Monroe. That he shall be the chief manager of the affairs of said county that are within the jurisdiction of said Board of Commissioners of Roads and Revenues, acting as its executive officer; he shall make all contracts and do all the buying for said board; he shall superintend all the work done by said county whether under contract or by hired labor; in fact, he shall discharge all the duties of the Board during the interim between the dates that the Board meets, not being

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arbitrary, but performing his duties with the will, judgment and discretion of other members of the board. He shall have full charge of the County property and the other members of said board shall not use or control the same except by a majority vote of the board, said vote to be entered upon the minutes of said board. Compensation. Duties of chairman. Section 8. Be it further enacted by the authority aforesaid and it is hereby enacted by authority of the same Section 17 of said Act be and the same is hereby stricken in its entirety and is repealed. Sec. 17 repealed. Section 9. Be it further enacted by the authority aforesaid that Section 18 of said Act be and the same is hereby stricken in its entirety and is repealed. Sec. 18 repealed. Section 10. Be it further enacted by the authority aforesaid that Section 24 of said Act is hereby amended by striking the same in its entirety and by inserting in lieu thereof the following; Section 24. Be it further enacted that if the services of an attorney should be required by said Board, the contract of employment shall be by a majority vote of the Board, both as to the attorney and as to his compensation, and all proceedings in such matters shall be recorded on the minutes. County attorney. Section 11. Be it further enacted, that any and all laws in conflict with this Act be and the same are hereby repealed. Approved March 6, 1939. WALTON COUNTYOBSTRUCTIONS IN RUNNING STREAMS. No. 294. An Act to provide for the removal of obstructions of all kinds, other than dams used for operating mills or machinery of any kind, from creeks and other running

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streams in Walton County; to compel the owners of land in said county, in which said streams may flow, to remove said obstructions; to provide in what manner the same may be removed when said landowners neglect or refuse to remove said obstructions, and to provide compensation therefor; to provide for the drainage of the lands in said county through which said streams flow, and the extension of drains or ditches through the lands of another; and to provide for the payment of all damages which may be sustained by such landowners through whose lands such drains or ditches shall be cut or extended; 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, all landowners in Walton County, Georgia, shall remove from the running streams of water upon their respective lands all obstructions, including trash, trees, timber rafts, and other obstructions, except dams erected for the purpose of running machinery, or for fish ponds, which are excepted from the operation of this Act. Landowners to remove obstructions. Section 2. Be it further enacted by the authority aforesaid that should any landowner in said county fail or refuse to remove the obstructions provided for in the first section of this Act within thirty days after having been notified in writing by any adjoining landowner, it shall be lawful for any adjoining landowner, after giving ten days' notice of his intention to do so, to enter upon the lands of the owner so failing and refusing to do so, and to remove such obstructions or have the same removed, and that the owner of such lands shall be liable to pay the party removing or having such obstructions removed reasonable compensation for such labor, for which he shall have a lien on all of the property of the party so refusing, to rank as and be in force as other laborers' liens are now in force under the law, and be enforced in the same way. Removal at landowner's expense.

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Section 3. Be it further enacted by the authority aforesaid that whenever a running stream is the dividing line between two landowners, and either of said owners shall fail or refuse to join the other in removing the obstructions provided for in the first section of this Act, or shall fail or refuse to remove them from his half of said stream, it shall be lawful for the other, after giving the ten days' notice required in the second section of this Act, to enter and remove, or have removed, such obstructions, and he shall be entitled to reasonable compensation for one-half of such labor, to be collected as provided in the second section of this Act, and shall have the same lien as is herein provided for. Boundary streams. Section 4. Be it further enacted by the authority aforesaid that whenever the owner of any land in said county of Walton shall cut or dig any ditch or drain to the line of an adjoining landowner, and it shall be necessary to extend such ditch or drain through the lands of such adjoining landowner to a proper outlet in order to drain his lands, and such adjoining landowner refuses to extend such ditch or drain, or to allow the same to be extended through his or her lands, then and in that event it shall be lawful for the parties desiring to extend such drain through the lands of such adjoining landowner to a proper outlet, to do so at his own expense, and if the lands of such landowners be injured or decreased in value by reason of such ditch or drains, the party so injured shall be paid reasonable compensation by the party so ditching or draining through said lands, the amount to be determined by three freeholders of said county, to be appointed by the Ordinary thereof. Drainage outlet through land of another. Section 5. Be it further enacted by the authority aforesaid that this Act shall not apply to any stream where it is the dividing line between Walton and another county. Application. Section 6. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved March 24, 1939.

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WARE AND McDUFFIE COMMISSIONERS. No. 4. An Act to amend an Act approved August 24, 1872, as published in the Georgia Laws of 1872 on page 477, which said Act is entitled An Act to create a board of commissioners of roads and revenue for the counties of Ware and McDuffie, and to provide for the election of same by striking the word McDuffie wherever it appears in said Act and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That a certain Act approved August 24, 1872, as published in the Georgia Laws of 1872, on page 477 thereof, entitled An Act to create a board of commissioners of roads and revenue for the counties of Ware and McDuffie, and to provide for the election of the same, be and the same is hereby amended by striking the word McDuffie wherever it appears in the caption and body of said Act. Act of 1872 amended. McDuffie stricken. Section 2. That it is the purpose of this Act to repeal the law of 1872, approved August 24th, as published in Georgia Laws of 1872 on page 477 thereof, insofar as creating a board of commissioners of roads and revenue for McDuffie County is concerned, and shall not affect Ware County. Purpose. Section 3. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 1, 1939. WASHINGTON COMMISSIONERSTERMS. No. 358. An Act to amend an Act approved March 15, 1935, and appearing in the Acts of the General Assembly of Georgia for 1935, upon pages 830, 1, 2, and 3, and entitled, An

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Act to amend the Act creating the Board of County Commissioners of Washington County, approved August 20, 1913, and subsequently amended by Act of July 19, 1927, fixing compensation of County Commissioners at six hundred dollars per annum, by abolishing the amendment of July 19, 1927, and reenacting the original provision that county commissioners shall receive one hundred fifty dollars per annum as compensation; to provide that county commissioners shall be elected and hold their term of office for a period of two years instead of a term of six years as at present time, as provided in said original Act; to provide that this provision shall not become effective until the end of the term of commissioners in office under the terms of the original Act; to provide that at the end of the term of each road commissioner now serving in each district a successor to him shall be elected to succeed him for a term of two years; to provide that upon the expiration of the present term county road commissioner, under the original Act, from the first road district as provided in that Act; his successor shall be elected for a term of two years; to provide that a successor to the road commissioner from the third road district shall be elected for a term of two years after the remainder of the present term of said road commissioner under the original Act, same being a remainder term of four years; to provide that a road commissioner shall be elected to succeed the road commissioner of the second road district after the present term of six years of that road commissioner shall have expired; to provide that each member of the Board of Roads and Revenues of Washington County shall serve for the full time for which he was elected, at the compensation at which he is now serving, and then his term or his successors' term shall be two years at compensation of one hundred fifty dollars per annum; and for other purposes, by fixing the compensation of the members of the Board of Commissioners of Roads

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and Revenues of Washington County, and by prescribing their term of office; by providing for the removal of members of said board; by providing for the purchase of supplies by said board; and for other purposes, by striking from said Act so approved all of Section 2 thereof and enacting in lieu of said section a new section to be known as Section 2 providing for the terms of office of all members of the Board of Commissioners of Roads and Revenues of Washington County; providing for the extension of the terms of certain members serving upon said board; providing for the election of their successors; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act of the General Assembly approved March 15, 1935, entitled An Act to amend the Act creating the Board of County Commissioners of Washington County, approved August 20, 1913, and subsequently amended by Act of July 19, 1927, fixing compensation of county commissioners at six hundred dollars per annum, by abolishing the amendment of July 19, 1927, and reenacting the original provision that county commissioners shall receive one hundred fifty dollars per annum as compensation; to provide that county commissioners shall be elected and hold their term of office for a period of two years instead of a term of six years as at present time, as provided in said original Act; to provide that this provision shall not become effective until the end of the term of commissioners now in office under the terms of the original Act; to provide that at the end of the term of each road commissioner now serving in each district a successor to him shall be elected to succeed him for a term of two years; to provide that upon the expiration of the present term county road commissioner, under the original Act, from the first road district as provided in that Act, his successor shall be elected for a term of two years; to provide that a successor to the road commissioner from the third

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road district shall be elected for a term of two years after the remainder of the present term of said road commissioner under the original Act, same being a remainder term of four years; to provide that a road commissioner shall be elected to succeed the road commissioner of the second road district after the present term of six years of that road commissioner shall have expired; to provide that each member of the Board of Roads and Revenues of Washington County shall serve for the full time for which he was elected, at the compensation at which he is now serving, and then his term or his successors' term shall be two years at compensation of one hundred and fifty dollars per annum; and for other purposes, by fixing the compensation of the members of the Board of Commissioners of Roads and Revenues of Washington County, and by prescribing their term of office; by providing for the removal of members of said board; by providing for the purchase of supplies by said board; and for other purposes, and the same is hereby amended, by striking from said Act all of Section 2 thereof and enacting in lieu thereof a new section to be known as Section 2, and as follows: Act of 1935 amended. Section 2. That the commissioner, from the Road District No. 1 shall be elected at the general election in November, 1940 and shall be elected for a term of six years, thereafter every six years, that the successor to said commissioner from Road District No. 2 shall be elected at the general election in November, 1940, and shall be elected for a term of four years, and thereafter every six years, that the successor to the commissioner from Road District No. 3 shall be elected at the general election in November, 1940, and shall be elected for a term of two years, and thereafter every six years. It is the purpose and intent of this Act that one commissioner of Roads and Revenues for said County shall be elected every two years and for a term of six years, and at the general election in November immediately preceding the expiration of the term of office of a commissioner, a successor to such commissioner

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shall be elected for a period of six years or until his successor is elected and qualified. Election of commissioners. Section 2. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 24, 1939. WHEELERCOMMISSIONER'S SALARY. COUNTY ATTORNEY AND CLERK. No. 91. An Act to amend an Act creating the office of Commissioner of Roads and Revenues of Wheeler County, and for other purposes; as found in the Acts of the Legislature of 1924, pages 378 to 388, inclusive. Section 1. Be it enacted by the General Assembly of the State of Georgia that from and after the passage of this Act, section eight (8) as it appears on page 380 of the Acts of the Legislature of 1924 is amended as follows: by striking the entire section eight (8) of this Act as it appears on page 380 of the Acts of the Legislature of 1924 and inserting in lieu thereof the following: Be it further enacted by the authority aforesaid, That the compensation of said commissioner shall be eighteen hundred ($1800.00) dollars per annum, to be paid at the rate of one hundred and fifty ($150.00) per month at the end of each calendar month. Act of 1924 amended. Salary of commissioner. Section 2. Be it further enacted by the authority aforesaid that section eleven (11) on pages 381 and 382 of the Acts of the Legislature of 1924 creating the office of Commissioner of Roads and Revenues for the County of Wheeler be and the same is hereby amended by striking the entire section eleven (11) of said Act as it appears on pages 381 and 382 of the Acts of the Legislature of 1924

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and inserting in lieu thereof the following: Be it further enacted by the authority aforesaid, That said commissioner shall have authority to employ a competent attorney at law to advise and represent the county in any litigation which may arise in which said county is a party. Said commissioner shall pay said county attorney not exceeding three hundred ($300.00) dollars per annum for his services in advising said commissioner. Whenever it is deemed necessary, the commissioner may employ additional counsel to assist the county attorney. County attorney. Section 3. Be it further enacted by the authority aforesaid that section twenty-seven (27) on page 388 of the Acts of the Legislature of 1924 creating the office of Commissioner of Roads and Revenues for the County of Wheeler be and the same is hereby amended by striking said section in its entirety and inserting in lieu thereof the following: Be it further enacted by the authority aforesaid, That the said commissioner shall have the right to appoint a clerk, whose duty shall be to keep the books and other records of the office of Commissioner of Roads and Revenues of said county, and to keep said office open, and whose salary shall be nine hundred ($900.00) per annum, payable at the rate of seventy-five ($75.00) per month at the end of each calendar month. Clerk. Section 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this amending Act be and the same are hereby repealed. Approved February 25, 1939. WHEELER TAX-COMMISSIONER. No. 221. An Act to abolish the offices of Tax-Collector and Tax-Receiver of Wheeler County; to create the office of Tax-Commissioner of Wheeler County; to prescribe the term of office, qualifications, the manner of election

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and commissioning, the amount of bond, salary, powers and duties of said tax-commissioner; to provide the manner and time of filling vacancies in the office of tax-commissioner; to provide for the levy of a tax to pay the salary of said tax-commissioner; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the offices of Tax-Receiver and Tax-Collector of Wheeler County, Georgia, shall be abolished on and after January 1, 1940, and the duties of the two officers aforesaid shall be consolidated into the office of Tax-Commissioner of Wheeler County on and after said date. Tax commissioner. Section 2. That the office of County Tax-Commissioner of Wheeler County, Georgia, is hereby created in lieu of said offices when and after they are abolished as provided above, and the rights, duties and liabilities of the said office of County Tax-Commissioner of Wheeler County shall be the same as the rights, duties and liabilities of the tax-receiver and tax-collector of said county, so far as the same are applicable. Rights and duties. Section 3. That the present Tax-Collector of Wheeler County be and is hereby declared to be the Wheeler County Tax-Commissioner until January 1, 1941. A Tax-Commissioner 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 Wheeler County shall be for 4 years. And the election for 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. Election and term. Section 4. That if a vacancy for any cause occurs in said office of tax-commissioner, it shall be filled in the following manner: Vacancy.

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(a) If said vacancy occurs within six months of the expiration of the existing term, the County Commissioner of Wheeler County, Georgia, shall appoint some qualified person to discharge the duties of said consolidated office for the remainder of said term, and the person so appointed shall be commissioned and qualified as by law Clerks of the Superior Court are commissioned and qualified, and shall receive the pro rata part of the compensation accruing to said office for the time so appointed. (b) If said vacancy occurs more than six months prior to the expiration of the existing term, the County Commissioner of Wheeler County, Georgia, shall appoint some qualified person to discharge the duties of said consolidated office until a tax-commissioner is elected, and it shall be the duty of the Ordinary of Wheeler County, Georgia to call a special election for the election of a tax-commissioner to serve the remainder of said term, which election shall be ordered not sooner than twenty (20) days and not later than forty (40) days after said vacancy occurs; and the ordinary shall give notice of the date of said election by publication thereof in a public gazette published in Wheeler County, and thirty (30) days before said election. The person elected on said day shall perform the duties of said consolidated office for the unexpired term of his predecessors. The return of said election shall be made to the Governor, who shall commission the person so elected. The person so temporarily appointed and the person so elected shall each receive his pro rata part of the compensation accuring to said office for the time he serves. Section 5. That the compensation of the County Tax-Commissioner of Wheeler County shall be a salary. The exact amount to be fixed by the Commissioner of Roads and Revenues of said County at not less than $1500.00 nor more than $2100.00 per annum, the amount so fixed to be paid in equal monthly installments; the said Tax-Commissioner

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out of said salary shall pay whatever office help that may be necessary for him. Salary. Section 6. That said county tax-commissioner shall be commissioned and qualified as the Clerks of Superior Court are. Commission and qualification. Section 7. That before entering upon the duties of his office the said county tax-commissioner shall take the oaths now prescribed by law for tax-receivers and tax-collectors, and shall give bond in an amount to be fixed and determined by the Commissioner of Roads and Revenues of said county, which shall be signed as surety by a bonding company legally authorized to do business in the State of Georgia, and the fee or cost for the suretyship on said bond shall be paid out of the funds of Wheeler County, Georgia, as part of the expenses of County Government. Oath. Bond. Section 8. That all taxes that are due and payable at the time said county tax-commissioner assumes office as such, and all fi. fas. theretofore issued by the Tax-Collector of Wheeler County, Georgia, shall have full force and effect, and be collectible as issued. Taxes and fi. fas. collectible. Section 9. That all fees, commissions, and all other compensation allowed to the Tax-Receiver and Tax-Collector of Wheeler 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 Wheeler County, Georgia. The Commissioner of Roads and Revenues of Wheeler County, Georgia, is hereby authorized and empowered to levy and collect a tax to pay the salary of the tax-commissioner. Fees to county. Section 10. That said Tax-Commissioner of Wheeler County shall, as often as requested to do so, furnish the Commissioner of Roads and Revenues with an itemized

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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 Commissioner of Roads and Revenues. Financial statements. Section 11. That if for any reason any portion of this Act shall be by the court of last resort of this State held to be unconstitutional the whole of this Act shall not thereby become void, but only so much of the same as may be so held to be unconstitutional, the purpose of this Act being to put into effect in Wheeler County, Georgia, the constitutional provision of this State contained in Article 2, Section 3, paragraph 1, of the Constitution of the State of Georgia. Section 12. That the Commissioner of Roads and Revenues of Wheeler County, Georgia, shall provide and equip an office for said tax-commissioner in the county court house, and said tax-commissioner shall keep said office open for the transaction of business for at least six hours each day of the year, Sundays, holidays and such days as said tax-commissioner is required under the law to make rounds in the county for receiving and collecting taxes, excepted. Office hours, etc. Section 13. That by the authority aforesaid, all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 20, 1939. WILCOX BOARD OF COMMISSIONERS CREATED. No. 362. 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,

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and duties and to provide for their compensation; to prescribe their terms of office, the manner of their appointment and election, and the manner in which vacancies shall be filled; to provide for the appointment and election of a chairman of said board of commissioners, and to prescribe his duties and powers and provide for his compensation; to provide for the establishment of five commissioner's districts in said county; to provide for a clerk of said board, county attorney, county physician, warden, and other employees of said county, to prescribe their powers and duties and for their compensation; to fix the time of meeting of said board; to provide for annual audits of all officers of Wilcox County handling any County funds, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that a Board of Commissioners of Roads and Revenues of Wilcox County is hereby created, and to consist of five members. Said Commissioners shall be qualified voters of said county, and shall be bona fide residents of the commissioner's district from which they are elected as hereinafter provided. Five members. Section 2. Be it further enacted by the authority aforesaid, that Wilcox County shall be divided into five commissioner's districts, and each district shall be entitled to one commissioner, said districts to be constituted as follows, to wit: Commissioner districts. First commissioner's district shall be composed of the 1158th militia district, known as the Abbeville district, and the 1177th militia district known as the Ryals Mill district, of said county. Second commissioner's district shall be composed of the 1442nd militia district, known as the Rochelle district, and the 1546th militia district, known as the Davis Mill district, and the 1667th militia district, known as the Pleasant Grove district, of said county.

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Third commissioner's district shall be composed of 1598th militia district, known as the Pitts district, and the 1103rd militia district, known as the Seville district, and the 1752nd militia district, known as the Double Run district, of said county. Fourth commissioner's district shall be composed of 1630th militia district, known as the Pineview district, and the 1321st militia district, known as the Maple Branch district, and the 1708th militia district, known as the Pope City district, of said county. Fifth commissioner's district shall be composed of the 1561st militia district, known as the Sibbee district, and the 433rd militia district, known as the Forrest Glenn district, of said county. Section 3. Be it further enacted by the authority aforesaid, that said board of commissioners of roads and revenues shall be composed of the following persons, to-wit: Members named. First Commissioner's District, A. L. Hartsfield, Chairman. Second Commissioner's District, J. W. Graham. Third Commissioner's District, H. L. Crumley. Fourth Commissioner's District, C. R. McLeod. Fifth Commissioner's District, B. T. Whelchel. That said commissioners shall hold their respective offices until December 31, 1940, and until their successors are elected and qualified. Before entering upon the discharge of their duties, each commissioner so appointed or elected shall take and subscribe to the following oath, to-wit: I,....., do solemnly swear that I will support the Constitution of the United States, and of the State of Georgia, and that I will well, truly and faithfully discharge the duties of Commissioner of Roads and Revenues of Wilcox County, during my continuance in office

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according to law and to the best of my knowledge and ability, without fear or affection to any person, firm or corporation; so help me God. And said Commissioners, and each of them, shall give a bond in the sum of one thousand ($1,000.00) dollars each, except the chairman of said board, who shall give a bond in the sum of five thousand ($5,000.00) dollars, in a good and solvent fidelity and guaranty company, payable to the ordinary of said county and his successors in office, conditioned for the faithful discharge of the duties of his office, which shall be duly filed and recorded in the office of said ordinary, as the bonds of other county officers. The premium on said bond shall be paid out of the general funds of said county. Said commissioners shall each be commissioned by the Governor of the State, and all future commissioners shall likewise be commissioned. Oath. Bond. Premium. Section 4. Be it further enacted by the authority aforesaid, that the candidate running for the office of commissioner of roads and revenues, as provided in this Act, shall not reside out of the commissioner's district in which he seeks election, but shall be a bona fide resident of the commissioner's district in which he seeks election at least two years prior to his election, and shall be a qualified voter of said county. Residence requirement. Section 5. Be it further enacted by the authority aforesaid, that on the day the general election is held in said county for the election of State-house officers, beginning with the year 1940, there shall be held an election to elect five commissioners from the districts as provided in this Act, the three receiving the highest number of votes shall hold the office for four years, and the two receiving the lowest number of votes shall hold the office for two years and their successors shall be elected at the general election to be held for the election of State-house officers in 1942, and shall hold their office for a term of four years or until their successors are elected and qualified, and each of said

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commissioners shall serve thereafter for a term of four years. All of said commissioners shall be elected by the voters from the county as a whole. Should a vacancy occur in the membership of said board, by death, resignation, or otherwise, the other members of said board shall elect his successor for the residue of the term of such commissioner made vacant, from the commissioner's district in which the vacancy exists; and should the said board fail to agree upon any one to fill said vacancy, for a period of thirty days from the date the vacancy occurred, then and in that event the ordinary of Wilcox County shall be advised by said board, and in that event the ordinary shall appoint a successor for the residue of the term of office of such commissioner, made vacant, from the commissioner's district in which the vacancy exists. Election. Vacancies. Section 6. Be it further enacted by the authority aforesaid, that said board of commissioners of roads and revenues shall have original and exclusive jurisdiction and control over all roads, bridges, ferries, public works, buildings, and property of said county, and over all the subject-matters enumerated and set forth in section 4796 of the Code of Georgia, adopted August 15, 1910, and in paragraphs 1 to 9, inclusive, set out under said section of said Code, and also over the following matters, to-wit: examining and approving the bonds of all county officers, except as otherwise provided by law, approving and directing the payment of all orders on the county treasury for the payment of public monies, supervising the tax-collector's and tax-receiver's books, making settlements with the tax-collector and allowing the insolvent list of said county in such settlements, examine the tax-digest of said county for the correction of errors therein, and granting relieves for such errors; establishing and maintaining a county chain-gang, and working said chain-gang on the public roads and State highways under contract with the State Highway Board, in said county or adjoining counties, bridges, drains, and all other public work of said county;

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to employ a warden and guards, and other employees of said county, and to fix their compensation; to purchase necessary machinery, live stock, tools, and other road equipment necessary for carrying on road work or other public work of the county; to borrow money on the credit of the county, where the same may be lawfully borrowed, and executing notes or vouchers, or other obligations in the county's name therefor; employing a janitor for the court-house, county physician, county attorney, clerk, and other employees that may be needed to maintain the affairs of the county and their office, to fix their compensation, and make such rules and regulations as said board may deem expedient. Control of county affairs. Section 7. Be it further enacted by the authority aforesaid, that members of said commissioners of roads and revenues shall each receive for their compensation a salary of five dollars per day for attending meetings of the board, but not to exceed two hundred ($200.00) dollars per annum for any one commissioner, except the chairman of said board, who shall receive five dollars per day, and whose salary shall not exceed the sum of six hundred ($600.00) dollars per annum; said members of said board of commissioners shall receive no other compensation whatever; said salaries shall be paid from the county treasury monthly, and warrants drawn on the treasury or depository as in the case of other claims against said county. Three of said commissioners shall constitute a quorum and must concur to pass any order for any contract, or pledge the county's credit, grant or allow any claim or charge against said county. Compensation. Quorum. Section 8. Be it further enacted by the authority aforesaid, that while the county maintains a chain-gang and works on its public roads and other public works, said commissioners shall employ a warden, in pursuance with the rules of the Prison Commission and the general laws of the State, whose duty it shall be to work said convicts under

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the instruction of the chairman of the board, and according to the rules of the prison commission, and not in conflict with the general law. The board of commissioners of roads and revenues shall fix his salary and term of office. Convict warden. Section 9. Be it further enacted by the authority aforesaid, that the regular monthly meeting of said commissioners of roads and revenues of said county shall be on the 2nd Monday in each month, and shall be held in the court-house of Wilcox County at Abbeville, Georgia, and may adjourn from day to day and may hold special or call sessions when necessary. Meetings. Section 10. Be it further enacted by the authority aforesaid, that A. L. Hartsfield, the commissioner from the first district, shall be the first chairman of the board of commissioners of roads and revenues created by this Act, and he shall continue as chairman of said board until the first regular meeting in January, 1940, at which time a chairman shall be elected, who shall hold office for a period of one year; and a chairman shall be elected by the board of commissioners of roads and revenues at the first meeting in January of each year thereafter, who shall hold office for a period of one year, and until his successor has been elected and qualified. Chairman. Section 11. Be it further enacted by the authority aforesaid, that the duties and powers of the chairman of said board of commissioners of roads and revenues shall be as follows, to-wit: He shall have general supervision over the roads, highways, ferries, bridges, pauper farm, and each employee and official connected therewith; he shall have the power to discharge and employ any guard or other employee of the road force, for cause, subject to confirmation at the first regular meeting of the board of commissioners of roads and revenues thereafter; he shall be the custodian of all property of the county used by the road and bridge forces, and he shall be charged with the duty of its safe-keeping, and shall see that it is not wasted or used

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for private purposes; he shall see that the convicts of the county used on the public works, are provided with such food and clothing as provided by the rules of the Prison Commission in conjunction with the warden, and he shall have the power to direct where the warden shall work said convicts, in pursuance of the orders of the board; he shall preside at each regular and special meeting of said board, and shall sign all orders passed by said board, and he shall see that the meeting of said board shall be conducted in an orderly manner and that the law is enforced; and in his absence the board shall appoint an acting chairman to preside; he shall perform such other duties and have such other powers as are or may be conferred upon him by law, or authorized by said board; and he shall at each regular meeting of said board submit a report of the conditions of the county affairs, and make to said board such recommendations as he may deem proper. Powers of chairman. Section 12. Be it further enacted by the authority aforesaid, that at the first regular monthly meeting in January of each year the board shall appoint, for the ensuing year, a clerk, county attorney, county physician, warden, guards, superintendent of pauper farm, and such other employees as they may deem necessary, whose terms of office shall be for a period of one year, and said board shall have the power to remove any such employee for cause, as they may deem proper, and they shall fix the salary and compensation of such employee. Clerk, attorney, and other county employees. Section 13. That said board shall cause an audit to be made annually of the books and accounts of all officers of said county handling any county funds, the expense of same to be paid out of the general funds of Wilcox County. Audit. Section 14. Be it further enacted by the authority aforesaid, that if any part of this Act should be declared unconstitutional by the Supreme Court, then and in that event the remaining portion or part of said Act shall remain in full force and effect.

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Section 15. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1939. WILCOX COUNTY DEPOSITORY. No. 207. 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: 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 1st day of July 1939, the office of county treasurer of Wilcox County, Georgia shall be abolished and said office, from and after that date shall cease to exist. Treasurer abolished. Section 2. Be it further enacted by the authority aforesaid, that the Commissioners of Roads and Revenues of said county, shall by a majority vote of the Commissioners of Roads and Revenues, aforesaid, select some bank or banks in said county, or in any other county in Georgia in the discretion of said Board of Commissioners of Roads and Revenues of said county, to act as depository and disbursing agent. Any bank or banks, now or hereafter when and while so selected and appointed by said Commissioners of Roads and Revenues of Wilcox County is hereby designated as depository and disbursing agent for county funds of said county. County depository. Section 3. Be it further enacted by the authority aforesaid, that no bank or banks which may be designated as such depository and disbursing agent shall receive any compensation for acting as such. No compensation.

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Section 4. Be it further enacted by the authority aforesaid, that no such bank or banks shall be allowed to act as depository and disbursing agent until it shall have given a bond signed by some solvent Surety Company authorized under the law to do business in the State of Georgia, in the sum of not less than $15,000.00, payable to said Commissioners of Roads and Revenues and their successors in office, conditioned for the safe keeping and accounting for all funds that may come into its custody by reason of its acting as such depository, and for the faithful performance of all the duties pertaining to said depository; said bond to be approved by the Commissioners of Roads and Revenues of said county. It shall be within the power of the Commissioners of Roads and Revenues aforesaid, to call upon said bank or banks to increase the amount of or to strengthen said bond at any time they may deem necessary, and in default of the same being done, to revoke the appointment of such bank or banks as depository and disbursing agent. Bond. Section 5. Be it further enacted by the authority aforesaid, that it shall be the duty of any bank or banks acting as such depository and disbursing agent: Duties of depository. (a) To pay without delay, when in funds of said county, all orders or warrants issued by the Commissioners of Roads and Revenues of said County, or by their authority when presented for payment. (b) To take a receipt on each order when paid and carefully file it away. (c) To keep a well bound book in which shall be entered all receipts, stating when received, from whom, and on what account, and all amounts paid out, stating when paid, to whom and on what account. (d) To keep a well bound book in which shall be entered a full description of all county orders or warrants or other forms of indebtedness as they are presented; and to record

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a copy of the order of the county authorities levying county taxes. (e) To collect and to receive from all officers and others county funds, and to receive, hold and disburse according to law all funds which the county treasurer might have heretofore received, held or disbursed. (f) To render reports to and appear before the Commissioners of Roads and Revenues of said county whenever notified, and to appear before any Grand Jury, on request, to render an account of its acting and doings as such depository and disbursing agent, and to exhibit its books and vouchers as such depository and disbursing agent whenever notified. (g) To perform all other duties essential to the proper conduct of the County's affairs which it has been necessary heretofore or according to laws now in effect for the county treasurer to perform. Section 6. Be it further enacted by the authority aforesaid, that the Commissioners of Roads and Revenues of said county shall have the power and authority to prescribe from time to time other reasonable duties and regulations for the government of said depository, and said depository shall be just as much bound to observe the same as it is bound to observe those prescribed in this Act. Future regulations. Section 7. Be it further enacted by the authority aforesaid, that the county treasurer of said county shall on the day this Act goes into effect deliver to such depository or depositories as he may be directed by the county commissioners all county funds then in his hands, and he shall at the same time deliver to the Commissioners of Roads and Revenues of said county, or to the depository or the authority designated by them, all records, books and papers that he may have pertaining to his office. After the date that this Act shall go into effect all parties

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heretofore required by law to pay over to the county treasurer funds of said county, including the tax collector of said county, shall pay all such funds to the depository or depositories so selected by the Commissioners of Roads and Revenues of said county. And payments to said depository or depositories shall be as legal payment as when heretofore made to the county treasurer. Transfer of records. Section 8. Be it further enacted by the authority aforesaid, that all records necessary for the said depository or depositories and the performance of its duty shall be provided by said county, and the premium on the bond required shall be paid out of the county's funds by order of the Commissioners of Roads and Revenues of said county. Records and premium on bond furnished by county. Section 9. Be it further enacted by the authority aforesaid, that the term of such depository or depositories shall be for a period of one year from the 1st day of January, 1941, and thereafter shall expire at the end of each one year period, but shall extend by operation of law until a successor is appointed and qualified. For nonfeasance or malfeasance in office any bank or banks performing the duties under this Act may be removed by the Commissioners of Roads and Revenues of said county at any time and a successor appointed. Term. Section 10. Be it further enacted by the authority aforesaid, that said depository or depositories shall be liable both civilly and criminally just as the county treasurers are now liable civilly and criminally for any nonfeasance, misfeasance or malfeasance of duty, and the Commissioners of Roads and Revenues of said county shall have the right to proceed against such depository or depositories and the security or securities on its bond in the same manner as the ordinary may now proceed against a county treasurer and his successors, in case of nonfeasance, misfeasance or malfeasance in the conduct of his office. Liability.

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Section 10 (a). This Act shall have no force and effect until same shall have been submitted to and approved by a majority of the qualified voters of the County of Wilcox, voting at the next general election to be held on the second Wednesday in June 1939. There shall be printed on the ballots used in said election the following: In favor of abolishing the office of County Treasurer of Wilcox County. Against abolishing the office of County Treasurer of Wilcox County. Should a majority of the qualified voters participating in said election vote in favor of abolishing the office of County Treasurer then this Act shall be of full force and effect. If a majority of the qualified voters participating in said election vote against abolishing the office of County Treasurer then this Act will be of no force and will be null and void. Referendum. Section 11. Be it further enacted by the Authority aforesaid, that all laws and parts of laws in conflict with the provisions of this Act, be, and the same are hereby repealed. Approved March 20, 1939.

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TITLE III. SOLICITORS-GENERAL. ACTS. Dublin CircuitSalary. Tallapoosa CircuitFee System Abolished. Waycross CircuitAmendments. DUBLIN CIRCUITSALARY. No. 53. An Act to repeal an Act increasing the salary of the Solicitor General of the Dublin Judicial Circuit, approved January 21, 1938, Georgia Laws Extra Session 1937-1938, pages 916 to 918 inclusive, and to fix the salary as originally provided for in the Act of 1935, Georgia Laws 1935, pages 856 to 860 inclusive, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, the above recited Act of 1937-1938 increasing the salary of the Solicitor General of the Dublin Judicial Circuit, be and the same is hereby repealed. Act of 1937-1938 repealed. Section 2. Be it further enacted, that the salary of the Solicitor General of the Dublin Judicial Circuit shall be the sum of twenty-eight hundred ($2800.00) Dollars per annum, in addition to the sum of two hundred and fifty ($250.00) Dollars per annum prescribed in Paragraph 1, Section 13, of Article 6, of the Constitution of the State of Georgia; and in addition to said sums, the Solicitor General shall collect and receive from the State all fees allowed by law to Solicitor-General of this State for appearances in Supreme Court and Court of Appeals of the State. The salary herein fixed shall be paid out of the

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general treasuries of the several counties of said Circuit, in the several amounts as follows, to-wit: Johnson County shall pay five hundred ($500.00) Dollars per annum. Laurens County shall pay eighteen hundred ($1800.00) Dollars per annum. Salary. Twiggs County shall pay five hundred ($500.00) Dollars per annum Said salary to be paid as provided in the Original Act Georgia Laws 1935, pages 856 to 860 inclusive. Section 3. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 16, 1939. TALLAPOOSA CIRCUITFEE SYSTEM ABOLISHED. No. 427. An Act to abolish the fee system now existing in the Superior Courts of the Tallapoosa Circuit, as applied to the office of the Solicitor-General, and all fees, now, heretofore, or hereafter accruing to the office of Solicitor-General in said circuit in so far as the same constitute the payment of a salary to said Solicitor-General, in addition to the salary prescribed in Paragraph 1, Section 13 of Article 6 of the Constitution of the State; to provide for the disposition of the fines, forfeitures and fees, including insolvent cases, accruing to the office of Solicitor-General in said Judicial Circuit; to provide for payment for help for Solicitor-General in grand jury work; and for the payment of expenses of said officer in matters beyond the State; and to create a lien on funds from said office for Solicitor-General's salary; to impose certain duties upon the Clerks of the Superior Courts of the counties composing said circuit; and upon the Solicitor-General of said circuit, in reference to the collection,

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payment and disposition of all funds, monies, and emoluments accruing to the office of the Solicitor-General; to provide for the levy and collection of a tax by the county authorities of the various counties composing said circuit, for the purpose of paying the salary of said Solicitor-General; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. The fee system now existing in the Superior Courts of the Tallapoosa Judicial Circuit, as applied to the office of Solicitor-General, and all fees now or heretofore or hereafter accruing to the office of said Solicitor-General in said Judicial Circuit, be and the same are hereby abolished in so far as the same constitutes the compensation of said Solicitor-General; but the same schedule of fees and costs prescribed under existing laws shall remain for the purpose of ascertaining sum or sums to be paid into the treasuries of the counties comprising said Judicial Circuit, as provided by Section 3 of this Act; and the said Solicitor-General of said Judicial Circuit shall hereafter be paid a salary as hereinafter provided, in lieu of fees as under the present system. Solicitor-general to receive salary instead of fees. Section 2. The salary of the Solicitor-General of the said Judicial Circuit shall be the sum of $5000.00 per annum, in addition to the sum of $250.00 per annum prescribed in Paragraph 1, Section 13 of Article 6 of the Constitution of the State of Georgia; which said salary herein fixed shall be paid pro rata out of the general treasuries of the various counties of said circuit upon the basis of population, that is to say, each of the counties composing said Judicial Circuit shall pay such part or proportion of said salary as its population bears to the total population of all the counties in said circuit, according to the official Federal Census of 1930, until completion and promulgation and publication of the next official Federal Census, and then in like manner according to each succeeding

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Federal Census thereafter. It shall be the duty, and is hereby made the duty, of the Ordinary, county commissioner or commissioners, or other authorities having control of county matters in said counties in said Judicial Circuit, to cause the part or portion of said salary so assessed each of said counties to be paid to said Solicitor-General on the first day of each month, and regular county warrants issued therefor; and it is further made the duty of said Ordinaries, county commissioner or other authorities having control of county matters to make provisions annually, when levying and collecting taxes for expenses for court, for the levying and collection of sufficient taxes in their respective counties as hereinbefore set forth, for the purpose of paying the portion of said salary chargeable against their respective counties; and the power to levy taxes for such purposes is hereby delegated to and conferred upon said counties. Said salary herein named, including the salary received from the State and the fees for services in Supreme Court and Court of Appeals shall be full payment for all services of said Solicitor-General, for all traveling expenses incurred within the State; and for all sums paid out by said Solicitor-General for clerical aid and legal assistance engaged or employed by him. Provided, however, should he be called upon by the duties of his office to render services outside of the State in connection with the extradition of fugitives or otherwise, the authorities of the particular county having jurisdiction in the particular case in which service is rendered shall pay his actual expenses in rendering such service. Amount of salary. Payment. Services out of state. Section 3. In the distribution among the officers of the court of all costs, including particular cases or matters, all insolvent fees and costs, and all fines, forfeitures, and fees, paid into the Superior Courts of the counties composing said Judicial Circuit, or which may become due and payable therein the said county shall be subrogated to the rights and claims of the Solicitor-General of said Circuit, and any former Solicitor-General (except only earned fees

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in solvent costs), and shall stand in their places and stead, and shall be entitled to all funds, monies and emoluments accruing to said office in said Judicial Circuit; and hereafter when orders on the insolvent fund or other judgment or finding are entered or approved in behalf of other officers of the court, instead of the same being entered and approved in the name of the Solicitor-General (as under the present system), the same shall be entered and approved in the name of the Solicitor-General for the use of and the benefit of the respective counties of said circuit. All costs, both in particular cases or matters, and all insolvent costs, and all fines, forfeitures and fees, and all funds, monies and emoluments accruing to the office of Solicitor-General in said Judicial Circuit, under any laws heretofore or now existing or which may hereafter be enacted, shall be collected by the clerks of the Superior Courts of the various counties composing the said Judicial Circuit, and shall be paid by said clerks into the treasuries of their respective counties; that is to say; all sums collected from any and all cases or matters arising in any particular, which under existing laws would be fees of the Solicitor-General, shall hereafter be paid by said clerk into the treasurer of that county, and shall become the property of such county; said clerk shall make written reports, under oath, of the amount so collected and make payments and remittances thereof to the treasurers or other custodians of county funds of said counties, within sixty days after the adjournment of each term of court held in their respective counties, and shall furnish a duplicate of such statement to the Ordinaries, County Commissioner or Board of Commissioners or other county authorities of such county at the time of making such statement and remittance to said County Treasurer. The proceedings in all such cases, the event of the failure of said clerk to paid said funds so collected to said County authorities in their respective counties, shall be governed and controlled in the same manner as now provided by law in cases where execution is issued against defaulting collectors,

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both as to the enforcement of execution and any defense filed thereto. Said clerks of the Superior Courts of the said Counties shall keep an accurate detailed record of all fees and emoluments earned by said Solicitor-General of said Circuit from any and all sources whatsoever arising in their respective counties and likewise keep a record of all sums collected by them under the provisions of this Act, and paid by them into the Treasurers of their respective counties. The funds arising from this source shall be credited by the County Treasurer or Depository to the item of Court expenses, and shall be used for that purpose and none other; and as against this particular fund the Solicitor-General's salary shall be a first and prior lien and charge. Fees to counties. Reports. Fee funds. Section 4. The Solicitor-General of said circuit is hereby made chargeable with the duty of justly and accurately accounting to the said Clerks of the Superior Court in said Circuit for all fees earned and collected and costs collected from any source in the various counties of said circuit; and it shall be the duty of said Solicitor-General to exercise supervision over the collection of all fines, fees, and forfeitures in all of the counties in said Circuit, and to see that all sums of money accruing to the Solicitor-General are collected accounted for and paid into the Treasurers of said Counties; and it shall also be his duty to furnish his services as attorney at law in the collection of all sums whenever it becomes, necessary, and this he may do personally or through his legal assistance in any county. Accounting by solicitor-general. Section 5. Nothing in this Act shall be construed to affect the fees and costs allowed under existing laws to sheriffs and clerks of the Superior Court of the counties comprising the Tallapoosa Judicial Circuit, nor fees allowed Solicitor-General for services in criminal cases in the Supreme Court and Court of Appeals of this State. Fees not affected. Section 6. This Act shall go into effect and become operative January 1, 1940. Effective date.

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Section 7. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 23, 1939. WAYCROSS CIRCUITAMENDMENTS. No. 191. An Act to amend an Act to abolish the fee system now existing in the Superior Courts of the Waycross Judicial Circuit, as applied to the office of the Solicitor General and all fees now, heretofore, or hereafter accruing to the office of Solicitor General in said Circuit, insofar as the same constitutes the compensation attached to said office; to provide for the payment of a salary to said Solicitor General, in addition to the salary prescribed in Paragraph 1, Section 13, of Article 6 of the Constitution of this State, to provide for the disposition of the fines and forfeitures and fees, including insolvent cost accruing to the office of Solicitor General in said Judicial Circuit; to impose certain duties upon the Clerks of the Superior Courts of the Counties composing said Circuit and upon the Solicitor General of said Circuit, in reference to the collection, payment and disposition of all funds, moneys and emoluments accruing to the office of Solicitor General; to provide for the levy and collection of a tax by the county authorities of the various counties composing said Circuit, for the purpose of paying the salary of said Solicitor General and all amending Acts thereto, and for other purposes; by striking from line 21 in Section 2, the word quarterly and inserting in lieu thereof, the word, monthly, and by striking from line 23 in Section 2, the words April, July, October and January, and inserting in lieu thereof, the words, January, February, March, April, May, June, July, August, September, October, November and December, and by adding to said Section

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2 the following language; and that said Solicitor General shall be paid traveling expenses and actual living expenses for all services rendered out of regular and call terms of court in said circuit, and the Court of Appeals and Supreme Court where at the request of the Chairman of the County Commissioners in any of the counties in said Circuit, he is called upon to render any service, requiring him to leave his judicial circuit, such expenses to be paid by the County, whose official aforesaid, require him to perform such service; provided that before payment, his bill shall be approved by the Board of County Commissioners of the County requiring the service rendered, which bill shall in no case include any charge for per diem or any charge over and above traveling expenses and actual living expenses. 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 Section 2 of the Act approved August 20, 1917, appearing on pages 300-301 of Georgia Laws of 1917, be and the same is hereby amended as follows: By striking from line 21 in Section 2 of said Act, the word quarterly, and inserting in lieu thereof, the word monthly, and by striking from line 23 in Section 2, the words April, July, October and January, and inserting in lieu thereof, the words January, February, March, April, May, June, July, August, September, October, November, and December, and by adding to said Section 2 the following language: And that said Solicitor General shall be paid traveling expenses and actual living expenses for all services rendered out of regular and call terms of court in said Circuit, where at the request of the Chairman of the County Commissioners in any County in said circuit, he is called upon to render any service, requiring him to leave his judicial circuit, such expenses to be paid by the County whose official require him to perform such service; provided that before payment his bill shall be approved by the Chairman of

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the County Commissioners, of the County for which the service is rendered, which bill shall in no case include any charge for per diem or any charge over and above traveling expenses and actual living expenses. Act of 1917 amended. Additional expenses of solicitor-general. Section 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and they are hereby repealed. Approved March 16, 1938.

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TITLE IV. STENOGRAPHIC REPORTERS IN COURTS. ACTS. Brunswick CircuitAdditional Compensation. Compensation in Certain Counties. BRUNSWICK CIRCUITADDITIONAL COMPENSATION. No. 277. An Act to provide additional compensation for the official stenographic reporter of the Superior Courts of the Brunswick Judicial Circuit of Georgia, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same. That from and after the passage of this Act, in addition to the compensation already provided by the laws of this State for the Official Stenographic Reporter of the Superior Courts of the Brunswick Judicial Circuit of Georgia, such Official Stenographic Reporter shall also be paid the sum of fifteen ($15.00) dollars per day for each day he shall be required by the Presiding Judge to attend the court for the trial of civil cases by a jury, and for the disposition of criminal cases without a jury, or for any other purposes whatsoever; the same to be paid on the order of the Presiding Judge in the same manner provided by Section 24-3104 of the Penal Code, 1933 of the State of Georgia. Additional compensation specified. Section 2. Be it further enacted by the authority aforesaid that any and all laws and parts of laws in conflict with this Act be and the same are hereby specifically repealed. Approved March 24, 1939.

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COMPENSATION IN CERTAIN COUNTIES. No. 211. An Act to provide for and regulate the payment of compensation out of the county treasury of official court reporters of the superior and city courts, in counties of this State having more than 200,000 population according to the last or any future Federal census; to provide the disposition of the fees now prescribed by law for the taking down and transcribing of testimony taken in said courts; to authorize the rotation of said reporters in the said courts under the direction of the proper authorities; to repeal an Act entitled An Act to provide for and regulate the payment of compensation out of the county treasury of official court reporters of the superior and city courts, in counties of this State having therein a city of more than 175,000 population according to the Federal census of 1920, etc., and for other purposes, approved August 15, 1923 (Georgia Laws 1923, Page 104), as amended, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, one official court reporter for each of the several divisions of the superior and city courts in counties of this State containing more than 200,000 population according to the last or any future Federal census, shall be paid out of the treasury of such county a salary of thirty six hundred dollars per annum, payable monthly, which salary shall be compensation in full for attendance upon, and taking stenographic notes in, any court or division thereof covered by this Act. Salary in certain counties. Section 2. Be it further enacted by the authority aforesaid, That each of said reporters shall, at least once a month, file with the clerk of the court a list of the cases he has reported, setting forth the amount due by each party

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litigant for taking down the testimony and charge of the court as now provided by law, which amounts shall, by said clerk, be entered on the cost docket, collected as other costs are collected, and paid into the county treasury. Report to clerk. Section 3. Be it further enacted by the authority aforesaid, That the fees for transcripts as now provided in civil cases shall be applicable in both civil and criminal cases and shall be paid to the reporter in addition to the salary provided in Section 1 of this Act. In civil cases and in criminal cases not required by law to be transcribed such fees shall be paid by the party ordering the transcript and in criminal cases required by law to be transcribed such fees shall be paid out of the county treasury and on final conviction, judgment therefor shall be entered up against the defendant collected as other costs are collected and paid into the county treasury. Fees for transcript. Section 4. Be it further enacted by the authority aforesaid, That for the more efficient transaction of business each of said reporters, when not actually engaged in the division of the court to which he is appointed, may be designated by the judge of such division to serve in an emergency division of the courts covered by this Act or to substitute for the reporter of any other division where the regular reporter of such division is incapacitated or requires relief for the purpose of transcribing or otherwise. Emergency and substitute duties. Section 5. Be it further enacted by the authority aforesaid, That an Act entitled An Act to provide for and regulate the payment of compensation out of the county treasury of official court reporters of the superior and city courts, in counties of this State having therein a city of more than 175,000 population according to the Federal census of 1920; to provide the disposition of the fees now prescribed by law for the taking down and transcribing of testimony taken in said courts; to authorize the rotation of said reporters in the said courts under the direction of the proper authorities, and for other purposes, approved

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August 15, 1923 (Georgia Laws 1923, Page 104), as amended, be and the same is hereby repealed; and that all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Act of 1923 repealed. Approved March 20, 1939.

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PART III.CORPORATIONS

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TITLE I. MUNICIPAL CORPORATIONS. ACTS. Abbeville Indebtedness. Albany Pensions. Albany School Tax. Athens Firemen's Pensions. AtlantaAuthority to Reinstate Employees. Atlanta Charter Amendments. Atlanta Charter Amendments. Atlanta Charter Amendments. Atlanta Charter Amendments. Atlanta Charter Amendments. Atlanta Civil Service. Atlanta Limits Extended. Atlanta Park Property. AtlantaTerms of Office. Augusta Budget Commission. Augusta Hospital Trustees. Augusta Temporary Loans. Augusta Zoning Exceptions. Barnesville Zoning and Planning. Baxley City Authority. Baxley City AuthorityAmendments. Baxley WaterworksSale or Lease. Belton Taxes. Bowdon Registrars. Brunswick Charter Amendments. Canton Special Taxes. Columbus Mill Structure over Bridge. ColumbusSale of Motts Green. ConyersDuties of Clerk. Coolidge Elections. Cordele City Charter. Dahlonega Street Paving Assessments. Dalton Charter Amendments. Dalton Street Duty, etc., Abolished. Dallas Town Charter. Decatur Limits Extended. Decatur Limits ExtendedReferendum. Decatur Officers Attendance Fees. Doerun Qualified Voters. Douglas Bond Issues. Douglas City Limits. Dublin Civil Service Abolished. Dublin Water Revenue.

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East Point Charter Amendments. East Point Limits ExtendedReferendum. Eastman City ManagerReferendum. Eatonton Colored Schools. Edgehill City Charter. Elberton Group Insurance. Epworth Charter RepealReferendum. Fitzgerald Water and Sewer LinesHouse Connections Forest Park Limits Extended. Forest Park Zoning. Glennville Charter Amendments. Glennville Recorders Court. Greensboro City Charter. Hapeville Charter Amendments. Jackson City Limits. Jackson Elections. Jacksonville City Charter. Jonesboro Zoning. Lakeland Territorial Jurisdiction. Lawrenceville Board of Education. Leesburg Clerk and Treasurer. Leslie Charter Amendments. Lilburn Charter Repealed. Macon Charter Amendments. MaconClosing of Alley Ratified. Macon Firemen and Police Pensions. Manchester City Manager. Marietta Water and Electric Lines Extended. Mauk Charter Repealed. Milledgeville Charter Amendments. MilledgevilleLand Grant to Georgia Military College. Millen City Charter. Morgan City Charter. Oakman City Charter. Pine Lake Charter Amendments. Quitman, Notice of Tort Actions Against. Quitman School Tax. Rockmart Elections. Rockmart Elections. Rockmart ElectionsPolling Time and Place. Rockmart ElectionsRegistration of Candidates. Rome Charter Amendments. Rome Policemen and FiremenReferendum. Rossville Police and Firemen. Rossville Public Works. Savannah Charter Amendments. Savannah Limits Extended. Snellville City LimitsReferendum. Statesboro Zoning. Sugar Hill Town Charter. Summerville Charter Amendments. Sylvester Limits Extended. Sylvester Mayor's Salary. Thomasville City Authority. Thomson Street TaxReferendum. Thomson Street Tax Abolished.

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Tifton Limits Extended. Tifton Sewerage and Waterworks Systems. Tunnel Hill Charter RepealedReferendum. Tybee Charter Amendments. Tyrone City Limits. Union Point Charter Amendments. Warrenton Special License Tax. West Point Tax Returns. Woodstock City Charter. Wrightsville Street ImprovementsReferendum Stricken. Wrightsville Swimming Pool and Abattoir. Wrightsville Zoning and Planning. ABBEVILLE INDEBTEDNESS. No. 328. An Act to amend an Act creating a new charter for the Town of Abbeville, to be found in Georgia Laws of 1897, page 131, et. seq., approved December 2, 1897, to provide that the said Town of Abbeville shall be empowered to take advantage of, and to apply for relief from its indebtedness, and to compose its indebtedness as a local taxing agency, and expressly to bestow upon and grant to said Town of Abbeville the consent of the State of Georgia that said Town of Abbeville may take advantage of and apply for relief under the Federal Bankruptcy Statutes as now existing, and as hereafter may be amended from time to time, relating to the composition of indebtedness of local taxing agencies: and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that an Act of said General Assembly of Georgia, known as the Act providing for a new charter for the town of Abbeville, said State, to be found in Georgia Laws of 1897, page 131 et. seq., approved December 2, 1897, be, and the same is hereby amended as follows, to-wit: Act of 1897 amended. The said town of Abbeville, incorporated under the aforesaid Act of 1897, approved December 2, 1897, is expressly

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authorized and empowered to take advantage of and to move and act under the Federal Bankruptcy Statutes relating to composition of indebtedness of local taxing agencies, to be found in 11 U. S. C. A. Section 401, et. seq., and all amendments which may hereafter be passed; for which purpose the State of Georgia expressly gives its consent, and the said Town of Abbeville is expressly authorized by and through its mayor and council, or its governing body by whatever name known, and the successors of such governing body, is expressly authorized to employ counsel, and to move and to proceed in all courts having jurisdiction to compromise and to compose its indebtedness as a local taxing agency; and for such purpose to do any and all things that may be required or may be necessary. Authority to act under Federal Bankruptcy Statutes. 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 herewith be, and the same are, hereby repealed. Approved March 24, 1939. ALBANY PENSIONS. No. 420. An Act to provide and empower City of Albany, Georgia, a municipal corporation, to furnish aid and relief and pensions to all officers, agents and employees of the City of Albany, Georgia, including school teachers, and all departments without exception, now in active service, and whose names are on the pay rolls of each, any and all of such departments, and to future officers, agents, employees, and their dependents. To provide that the City of Albany may levy a tax not to exceed five (5) per cent. per annum on the salaries of each and all of the officers, agents and employees of the said City of Albany, Georgia, to pay in part such pensions. To

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authorize and empower City of Albany, Georgia, to levy a tax on all the taxable property of said city not to exceed, but to equal all revenue and/or contributions raised or received from all city employees, and City of Albany may also use other available funds to equal or match, but not exceed contributions from said employees. To provide how such funds shall be collected, deposited and managed for the officers, agents and employees of said city. To create a Board of Trustees, to manage, deposit, receive and disburse said funds under certain conditions. To provide that this Act shall not repeal or in anywise effect any beneficiary or pensioner who was receiving pension or aid prior to the passage of this Act. To provide that the Board of Trustees shall make all necessary rules for the carrying out of the terms of this Act. To provide that in case there shall be at any time less funds on hand than are needed to carry out the terms of this Act the actual funds shall be prorated among the beneficiaries. To provide that none of the funds mentioned shall be subject to attachment, garnishment, judgment, nor shall they be assignable, but shall be paid in cash to the beneficiary, if so requested by him or her. To provide that if any part of this Act shall be held unconstitutional, the remainder of this Act shall remain in force, taken in connection with existing laws. To provide that this Act shall not affect or be affected by any workman's compensation law, or any other similar law, or laws. To repeal conflicting laws, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act the City of Albany, Georgia, be, and it is authorized through its supreme governing body to pass and/or adopt all proper laws and ordinances for the carrying out and the execution of the terms of this Act. Said City is authorized, by proper ordinance or ordinances, passed by

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the governing authorities of said City, to raise and establish funds for the pensions of each and all of the officers, agents and employees of said City, including school teachers who are in active service at the time of the passage of this Act, and whose names are on the pay roll of any department in the City of Albany, Georgia, and future officers, agents, and employees of said City in any and all departments, including school teachers. Pensions for city employees. Section 2. Be it further enacted that the power and authority herein granted is not compulsory on or upon said governing authorities of said City of Albany, but is discretionary, but in the event said City of Albany, through its governing authorities, shall elect to take advantage of the provisions and authority and powers of this Act, unless otherwise expressly provided herein, same shall be compulsory on said City, and shall be deemed to be a part of any and all valid ordinances adopted in pursuance of said Act. Act not compulsory. Section 3. Be it further enacted that any and all officers, agents and employees of said City of Albany, Georgia, in every department, who is in active service at the time of the passage of this Act, and whose name is on the pay roll, and future officers, agents and employees may, as a matter of right, under the provisions of this Act, retire from active service, provided he or she shall have served at least twenty-five years in active service of said City in any department at the time of his or her retirement, and upon compliance with reasonable rules and regulations adopted by said City. Who may retire. Section 4. When such member shall retire as a matter of right he shall be paid not to exceed one-half of the salary he was receiving at the time of his retirement, for the rest of his life, to be paid monthly, in case of death of a pensioner his widow and children shall draw his pension as herein provided. Amount of pension.

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Section 5. Be it further enacted that there is hereby established to serve without pay, a board of trustees whose duty it shall be to manage certain funds which shall be kept by the City Clerk Treasurer as a separate fund and covered by his bond as such. The board of trustees shall consist of the Mayor, or official head of said City, the City Manager, and the Chairman of the Finance Committee, or officer-chairman of the committee having charge of the finances of said City, and one member appointed or elected biannually by the said employees. Board of trustees. Section 6. This board shall make all rules for the payment of said funds to those entitled to receive the same, not in conflict with this Act or any lawful ordinances passed in pursuance thereof. It shall have its first meeting on Wednesday following the passage of any ordinance in pursuance of this Act, and organize by electing a chairman, a vice-chairman who shall serve when the chairman is absent, and a secretary. The chairman shall sign all vouchers for disbursements of the funds and his written order shall fully protect the city treasurer in the payment of the same. A majority of the board shall control on all questions. Duties of board. Section 7. The board shall make its own rules as to times and places of meeting. Meetings. Section 8. A tax not to exceed five (5) per cent. shall be levied on the salaries of all members in all departments in active service, and/or effective by this Act, at the time of the passage of this Act monthly; and the city treasurer shall retain that amount from their salaries. Salary deductions. Section 9. The city treasurer shall keep separate and apart from other monies in his possession the funds so raised for the sole uses mentioned in this Act, and subject to the orders of said board of trustees. Separate fund. Section 10. The City Attorney shall without extra compensation, render such legal service as such board of trustees shall require. City attorney.

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Section 11. In case there should accumulate more funds than should be needed for immediate use, the board of trustees are empowered to invest such excess in United States, Georgia, or municipal bonds; but not otherwise. Investment of excess funds. Section 12. Be it further enacted that none of the funds herein mentioned shall be subject to attachment, garnishment, judgment; nor shall be assignable; but shall be paid in cash to the beneficiary if so requested by him or her. Nature of funds. Section 13. Be it further enacted that if any part or section of this Act shall be held unconstitutional, the remainder of this Act shall be of full force and effect, provided the general terms of this Act can still be carried out. Section 14. Be it further enacted that this Act shall not repeal nor in anywise affect any benefit or pension now being paid to those who were receiving the same prior to the passage of this Act. Present pensions not affected. Section 15. Be it further enacted by the authority aforesaid, that the plan and purpose of this Act is to furnish pensions to aged employees of the City of Albany, Georgia, who are now or may be in the future service of said City, and their dependents, and the taxation herein provided is a part of the general purpose of this Act to accomplish this end, and said City of Albany, Georgia, is authorized and empowered to levy a tax on all the taxable property of said City, ad valorem, not to exceed, but to equal all revenue and/or contributions raised or received from all City employees, and City of Albany may also use other available funds to equal or match, but not to exceed contributions from said employees, to be known as a Special Pension Tax and Fund, and to be turned over to the City Clerk Treasurer and kept and disbursed as a separate fund under the terms of this Act, and all valid laws and ordinances passed and adopted in pursuance thereof. Tax levy.

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Section 16. Be it further enacted by the authority aforesaid that when any employee has served said City of Albany, Georgia, in any capacity, for at least twenty-five (25) years, and who has not taken a pension, but has remained in active service, dies, his widow and minor children may receive a pension until such widow remarries, and until all of said minor children shall have reached the age of eighteen years. Widows' pensions. Section 17. Be it further enacted by the authority aforesaid that the said City of Albany, Georgia, shall be empowered to provide by ordinance, under the terms of this Act, for pensions to any officer, agent or employee of the city who receives an injury in line of duty in the performance of his duties as an employee, officer or agent of said City, and by reason thereof is permanently disabled fifty percent. (50%) or more. Pensions for disability. Section 18. Provided that this Act shall not affect or be affected by any workman's compensation law, or other similar laws. Workman's compensation law. Section 19. Be it further enacted that all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved March 23, 1939. ALBANY SCHOOL TAX. No. 109. An Act to amend the Act of the General Assembly of Georgia approved August 21, 1906, entitled: An Act to provide for a system of public schools in and for the City of Albany, Dougherty County, Georgia; to empower and require the Mayor and Council of said city to levy and collect a special tax for the maintenance and support of same; to establish a Board of Education to conduct the same; to define the powers and duties of said

Page 820

board; to provide for the ratification of this Act by election, and for other purposes, (Georgia Laws 1906, pages 488 et seq.), and all valid amendments thereto, so as to empower the City of Albany to levy a special school tax upon all the taxable property of said city not to exceed ten mills, 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 from and after the passage of this Act the Act of the General Assembly of Georgia, approved August 21, 1906, Georgia Laws 1906, pages 488 et seq., entitled: Act of 1906 amended. An Act to provide for a system of public schools in and for the City of Albany, Dougherty County, Georgia; to empower and require the Mayor and Council of said city to levy and collect a special tax for the maintenance and support of same; to establish a Board of Education to conduct the same; to define the powers and duties of said board; to provide for the ratification of this Act by election, and for other purposes, and all valid amendments thereto, be and the same is hereby amended by striking Section 8 from said Act, reading as follows, to-wit: Be it further enacted by the authority aforesaid, That the City of Albany be, and it is, hereby authorized, required and empowered, upon the request or recommendation of said board of election, to levy and collect, as other taxes are collected, a special tax upon all the taxable property of said city, not exceeding three-tenths of one per cent., in addition to all other city taxes now authorized, and said special tax shall be known as the school tax and paid over to said board of education, to be used for school purposes only as the needs of said school may require, and inserting in its lieu and stead, and enacting the following law to be known as Section 8, of said Act, as follows, to-wit: Stricken.

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Sec. 8. Be it further enacted by the authority aforesaid that the City of Albany be, and it is, hereby authorized, required and empowered, upon the request or recommendation of the said Board of Education of the City of Albany, Georgia, to levy and collect, as other taxes are collected, a special tax upon all the taxable property of said City, not exceeding ten mills (one per cent.) in addition to all other City taxes now authorized, and said special tax shall be known as the school tax and paid over to said Board of Education, to be used for the proper support, maintenance and operation of said schools and for school purposes only, as the needs of said schools may require: The ordinary, usual, necessary and/or general repairs to school buildings shall be included in the support, maintenance and operation of said schools. School tax levy. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 3, 1939. ATHENS FIREMEN'S PENSIONS. No. 51. An Act to amend an Act approved August 24, 1872, entitled An Act to amend the charter of the Town of Athens and the various Acts amendatory thereof, which said Act of 1872 changed the name of the Town of Athens to the City of Athens, and as amended by the several subsequent Acts amendatory thereof, so as to provide means for the furnishing aid, relief, and pensions to members of the paid fire department of said City now in active service, whose names are now on the payroll of such department, and to future members thereof, and their dependents in specified cases; to provide how such members who have served twenty-five years may be retired for life on pensions; to provide how such members shall be paid in cases of total disability resulting

Page 822

from such service, and how such total disability may be determined; to provide for relief in case of sickness or accident resulting from such service, and for the relief of dependents, widows and children of deceased pensioners to be paid in case of death of any such member, and to provide for the amount of pensions payable to pensioners hereunder, or their widows and minor children in the event of death, retirement or disability of members or pensioners; to provide for the payment in certain instances to pensioners' estates or beneficiaries of all monies paid by them into the pension fund; to provide that the Mayor and Council of the City of Athens shall levy a tax of two dollars and fifty cents ($2.50) per month on each such member in active service on payroll and of future members to raise in part the funds to pay such aids, reliefs, and pensions, collectible monthly; and to provide that said Mayor and Council shall levy a tax of one per centum on the premiums collected by fire and lightning insurance companies on property insured within the corporate limits of said City, to raise in part the funds to pay such aids, reliefs, and pensions, and to limit the amount of said tax to one per centum; to provide how such funds shall be collected, deposited, and managed for the use of the pensioners provided for by this Act; to create a Board of Trustees and provide for their selection, election, and term of office, to manage, deposit, disburse upon order, and invest funds paid over to them, to authorize said Board of Trustees to make all necessary rules for carrying out the terms of this Act; to provide that such aids, reliefs and pensions shall not be subject to attachment, garnishment, or judgment, nor shall they be assignable; to provide that if any part of this Act shall be held unconstitutional, the remainder thereof shall be of force and effect; to provide that this Act shall not affect or be affected by any workman's compensation law, or other similar 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, that the Act of the General Assembly approved August 24, 1872, entitled An Act to amend the charter of the Town of Athens and the various Acts amendatory thereof, which said Act of August 24, 1872, provided for the changing of the name of the Town of Athens to the City of Athens and for the incorporation of said City under the name and style of The Mayor and Council of the City of Athens, and the several subsequent Acts amendatory thereof, be and the same are hereby amended as follows: Act of 1872 amended. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, there shall be raised and established in the City of Athens, by the Mayor and Council of said City, funds for the aid, relief and pension of members of the paid fire department of said City, who are in active service at the time of the passage of this Act and whose names are on the pay-roll of such department, future members thereof, and dependents of said members. Pensions for firemen. Section 2. Be it further enacted that any member of such fire department who is in active service at the time of the passage of this Act and whose name is on the pay-roll, and future members, may as a matter of right, retire from active service, provided he shall have served twenty-five (25) years in active service at the time of his retirement; provided, however, that no member shall be eligible for retirement as a matter of right until after the expiration of two years from the effective date of this Act. Eligible members. Section 3. Be it further enacted that any member of such department who is in active service at the time of the passage of this Act and whose name is on the pay-roll and future members who shall be injured or whose health shall become permanently impaired to such an extent as to

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render him totally disabled as a result of such service shall upon application be retired. Should the Board of Trustees refuse to grant an order of retirement, the applicant shall select a physician, the Board shall select a physician, and the two physicians so selected shall select a third. These three shall examine the applicant and determine whether he is totally disabled and the decision of a majority of these physicians shall be final on the question. Disability. Section 4. When such member shall retire as a matter of rights, he shall be paid thereafter for the rest of his life the sum of $75.00 per month, provided he shall have served the 25 years in active service at the time of his retirement, or shall have become totally disabled in the line of duty at any time as aforesaid. In case of death of such pensioner, his widow, if any, shall receive during her life or until remarried, the sum of $50.00 per month; provided, however, that no such widow shall receive any such sum hereunder unless she was the lawful wife of said pensioner prior to his retirement from active service. If such pensioner at death leaves no widow, or if pensioner's widow was not the lawful wife of the pensioner prior to his retirement from active service, but leaves orphan children under the age of 16 years, such orphan child or children, except adopted children adopted subsequent to said pensioner's retirement from active service, shall receive until reaching the age of 16 the sum of $50.00 per month. Upon the death of any member or pensioner under this Act, from any cause, who has no dependents entitled to his pension, the money he has paid into the pension fund shall be paid to his estate at his death. Amount of pension. Widow. Orphan children. Section 5. When such member shall be retired for total disability, he shall be paid $75.00 per month for the rest of his life; but this Act shall not affect the salary of a member in active service except the tax of two dollars and fifty cents ($2.50) thereon, as provided herein. Amount of disability pension.

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Section 6. Should any member become totally disabled so as to make such member unfit for fire duty or services, he shall receive a pension graduated as follows: Graduated disability pensions. After five (5) years service $15.00 After ten (10) years service 30.00 After fifteen (15) years service 45.00 After twenty (20) years service 60.00 After twenty-five (25) years service 75.00 Upon the death of any member or pensioner, not in line of duty, his widow, if any, shall be paid during the rest of her life or until she remarries, the sum of money monthly graduated according to the length of service of her deceased husband before his retirement on account of disability, or before his death, as follows: Widows' pensions graduated. After five (5) years service $10.00 After ten (10) years service 20.00 After fifteen (15) years service 30.00 After twenty (20) years service 40.00 After twenty-five (25) years service 50.00 provided, however, that no such widow shall receive any sum hereunder unless she was the lawful wife of said pensioner prior to the time he became disabled. If said pensioner, or member, die without leaving a widow, or if pensioner's widow was not the lawful wife of pensioner prior to his disability, pensioner's minor child or children, except adopted children adopted subsequent to said pensioner's retirement from active service, shall be paid the same gross sums and according to the same graduated schedule as set out above for the widow until they reach the age of 16. Section 7. Be it further enacted that there is hereby established, to serve without pay, a Board of Trustees whose duties it shall be to manage said funds which shall be kept by the City Treasurer as a separate fund and covered by his bond as such. The Board of Trustees shall consist of the City Treasurer, the Chairman of the Finance

Page 826

Committee of the Mayor and Council of said City, and three members of the Fire Department to be elected by the members of said Fire Department in active service, on the first Monday in the month next after the month of the passage of this Act. The member receiving the highest number of votes shall serve for a term of three years from his election, or until his successor is elected. The member receiving the second highest number of votes shall serve for a period of two years from his election, or until his successor is elected. The member receiving the third highest number of votes shall serve for a term of one year from his election, or until his successor is elected. On the first Monday in the same month annually thereafter, upon the expiration of the term of each Trustee, the members of said Department shall vote upon a successor to said Trustee, and the member receiving the highest number of votes shall be elected for a term of three years, or until his successor is elected. The Chairman of the Finance Committee aforesaid and the City Treasurer shall be permanent members of the Board. Board of trustees. Section 8. The Board shall make all rules for the payment of said funds to those entitled to receive the same. It shall have its first meeting on Monday following the first Tuesday in the month next after the month of the passage of this Act, and organize by electing a Chairman, a Vice-Chairman who shall serve when the Chairman is absent, and a Secretary. The Chairman shall sign all vouchers for the disbursements of the fund and his written order shall fully protect the City Treasurer in the payment of the same. A majority of the Board shall control on all questions. Duties of board. Section 9. The Board shall make its own rules as to times and places of meetings. Meetings. Section 10. A tax of two dollars and fifty cents ($2.50) shall be levied by the Mayor and Council of the City of Athens on the monthly salaries of all members in active

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service at the time of and after the passage of this Act, and the City Treasurer shall retain that amount from their salaries to be applied toward the purposes of this Act. Deduction from salaries. Section 11. A tax of one per centum shall be levied by the Mayor and Council of the City of Athens against the premiums of all fire and lightning insurance companies or associations on property situated within the corporate limits of said City, to be collected from and after the passage of this Act. Tax on fire insurance premiums. Section 12. The City Treasurer shall keep separate and apart from other monies in his possession the funds raised in Sections 10 and 11 hereof for the sole uses mentioned in this Act, and subject to the order of said Board of Trustees. Separate fund. Section 13. The said City tax on insurance premiums on property situated in the corporate limits of said City shall be and is hereby limited to one per centum. Limit on premium tax. Section 14. The Board of Trustees shall formulate rules for taking care of members in active service at the time of the passage of this Act while temporarily sick or hurt, and pay the expense thereof. The Board of Trustees shall formulate rules for paying the pensions of a member of the Department who loses his life in the service to his widow until she dies or remarries; and for paying the widow and children pension of deceased pensioner; and for paying the pension of such deceased fireman to his orphan children until they reach the age of 16; provided the total payments to widow and orphan or orphans shall not exceed the amount provided herein for such purpose. The Trustees shall keep a strict account of the disbursements and receipts of all funds which shall be open at all times to public inspection. Sickness. Death in line of duty. Accounts. Section 15. In case a member has served twenty-five (25) years and does not desire to retire, and the Board of Trustees deems such member incapable of further service in the Department, the same proceedings shall be had as

Page 828

that to determine the condition of a disabled fireman as set out in Section Three (3) hereof. The decision shall be final. Forced retirement. Section 16. Be it further enacted that when any fireman who has served twenty-five years and is in active service at the time of his death dies, his widow or minor children, natural or adopted, shall receive the same pension she would have received under this Act had such fireman been retired and receiving a pension under Section 4 thereof. Death after 25 years service. Section 17. The City Attorney shall, without extra compensation, render such legal service as such Board of Trustees shall require. City attorney. Section 18. In case there should accumulate more funds than should be needed for immediate use, the Board of Trustees are empowered to invest such excess funds in United States, Georgia or municipal bonds; but not otherwise. Should there be on hand insufficient funds to carry out the purposes of this Act, such additional funds as are necessary therefor shall be paid out of the treasury of the City. Investment of excess funds. Section 19. Be it further enacted that none of the funds herein mentioned shall be subject to attachment, garnishment, or judgment; nor shall they be assignable; but shall be paid in cash to the beneficiary if so requested by him or her. Nature of funds. Section 20. Be it further enacted that should any clause or portion of this Act be declared unconstitutional or invalid by any court of this State for any reason, it shall not invalidate any portion thereof, but shall affect only that part so declared to be unconstitutional or invalid. Section 21. Be it further enacted that the plan and purpose of this Act is to furnish aid, relief and pension to aged and disabled firemen who are now, or may be in the future,

Page 829

in the active service of such Department and on the payrolls of such department and to their dependents. That the taxation herein provided is a part of the general purpose of this Act to accomplish this end. Taxation. Section 22. Provided this Act shall not affect, or be affected by any Workman's Compensation Law, or other similar laws. Workman's compensation laws. Section 23. Be it further enacted that all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved February 15, 1939. ATLANTAAUTHORITY TO REINSTATE EMPLOYEES. No. 103. An Act to amend an Act establishing a new Charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same that the Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, be, and the same are hereby amended as follows: Section 1. That Section 356 of the Charter of the City of Atlanta as embodied in the Code of the City of Atlanta 1924, be and is hereby amended by adding a sub-section to be known as Section 356 (a), to-wit: Sec. 356 of 1924 Code amended. Section 356 (a). Provided, however, the Board within thirty (30) days from any action removing, demoting, suspending or accepting the resignation of any officer or employee may on its own motion, or on the motion of

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any party, reopen the case and vacate, modify, or revise its former order so as to lessen but not increase the penalty imposed, or set aside the acceptance of a resignation, but after the end of such thirty (30) days, the Board shall not have any authority to reopen such case for any cause. Board may lessen penalty. Section 2. All laws or parts of laws in conflict herewith are hereby repealed. Approved March 3, 1939. ATLANTA CHARTER AMENDMENTS. No. 60. An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that an Act establishing a new charter for the City of Atlanta approved February 28, 1874, and the several Acts amendatory thereof, be and the same are hereby amended as follows: Section 1. That Section 5 of an Act entitled 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, approved March 14, 1935, be and the same is hereby repealed and the following is hereby enacted in lieu thereof: Act of 1935 repealed. The Mayor Pro Tem of the City of Atlanta shall be elected at the first meeting each year of the General Council by the membership thereof, for a term of one year and any member of the Board of Councilmen or the Board of Aldermen shall be eligible to election as Mayor Pro Tem or Provisional Mayor Pro Tem. A councilman as the

Page 831

elected Mayor Pro Tem in presiding over the Board of Aldermen shall not have the privilege of voting on any matter requiring the concurrent action of the Aldermanic Board. The salary of the Mayor Pro Tem shall be Twenty-five ($25.00) Dollars per month in addition to the salary paid to him as Councilman or Alderman. Mayor pro tem. Section 2. When the owner of property has omitted to return the same for taxation at the time and for the years the returns should have been made, or having returned his property or part of the same, has grossly undervalued the property returned, or his property has been assessed for taxation at a figure grossly below its true value such owner, or if dead, his personal representative or representatives, shall return such property for taxation to the Board of Tax Assessors and Receivers, for each year he is delinquent, whether such delinquency results from failure to return or from gross undervaluation, either by the delinquent or by the Tax Assessors. Said returns to be made under the same laws, rules and regulations as existed during the year or years of said default, or the year or years in which said property was returned or assessed for taxation at figures grossly below its true value; Provided, that no lien for such taxes shall be enforced against any specific property which has previously been alienated or encumbered and is in the hands of an innocent holder without notice. Delinquent tax returns. Section 3. When said Board of Tax Assessors and Receivers discovers that any person is delinquent or in default in the manner enumerated in the foregoing Section, the said Board of Tax Assessors and Receivers shall notify, in writing, such delinquent, or if dead his personal representative or representatives, of such delinquency requiring that a return shall be made to said Board within twenty days, of the years specified in said notice of such delinquency or default. Notice in case of delinquent returns.

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Section 4. If the delinquent, or his personal representative or representatives, refuses or fails to return such property omitted or undervalued after notice given him, the Board of Tax Assessors and Receivers shall assess such property for taxation from the best information they can obtain as to its value for the years in default and notify such delinquent of the valuation, which shall be final unless the person notified shall within twenty days institute proceedings in equity in Fulton Superior Court on the claim that the assessment is excessive or that the property is not taxable. Failure to return after notice. Section 5. All laws or parts of laws in conflict herewith are hereby repealed. Approved February 21, 1939. ATLANTA CHARTER AMENDMENTS. 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 the Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, be, and the same are hereby amended as follows: Section 1. That the Charter of the City of Atlanta as found in Chapter 20, entitled Police-Board of Police Commissioners, as embodied in Section 342 to Section 360, inclusive, of the Code of the City of Atlanta, as amended by the Acts of 1937, approved March 30, 1937 (Georgia Laws 1937, P. 1497), be amended by adding at the end of Section 360A the following: Act of 1937 amended.

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Provided, however, that the present Chief Inspector of Weights and Measures, and his successors, shall be classified as a member of the legally constituted police force and employed under civil service rules. So that as amended said Section 360A shall read as follows: Section 360A. All references and provisions for civil service as provided for the regular police force in the foregoing sections shall not be construed to refer to clerical help and laborers and assistants not employed as regularly constituted members of the police force of said City. Provided, however, that the present Chief Inspector of Weights and Measures, and his successors, shall be classified as a member of the legally constituted police force and employed under civil rules. Inspector of weights and measures under civil service. Section 2. That Section 17 of the Charter of the City of Atlanta, as embodied in the Code of the City of Atlanta of 1924, be and it is hereby stricken and in lieu thereof the following Section is hereby enacted; Sec. 17 of 1924 Code amended. Section 17. Duties of Mayor and SalaryThe Mayor shall be the Chief Executive of the City of Atlanta; he shall see that all the laws and ordinances of the City are faithfully executed; he shall examine and audit all accounts of the City before payment; his salary, beginning January 1, 1940, shall be eight thousand ($8,000.00) dollars per year, payable in monthly or bi-monthly installments, as may be fixed by the General Council, which shall not be changed during his term of office; he shall have power to convene the General Council in extra session whenever in his judgment the exigencies of the case require it. Mayorduties. Salary. May convene General Council. Section 3. Whenever any employee of the City of Atlanta who is a member of either the Police or Firemen's Pension Groups of the City employees shall transfer or be transferred from one department to another, he shall be entitled to become a member of the pension fund of the

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department to which he has been transferred and receive credit for the years of service in the department from which he transferred by paying into the pension fund of the department to which he has transferred the amount of premiums he would have paid into said fund if he had been a member of said department for the number of years he claims credit for service in the other department, including the years in which such department did not have a pension system. Such transferred employee shall have the right to have transferred from the pension fund of which he has been a member the total amount of premiums he has paid into the said fund to the pension fund of the department to which he transfers and be credited as payment on the premiums due said fund for the years of service he claims. The rights given in this Act shall be effective as to the officers and employees who have transferred prior to this Act as well as future transferees. Nothing in this Section shall apply to the general employees pension fund. Transfer of member of police or firemen's pension fund. Not applicable to general employees. Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 21, 1939. ATLANTA CHARTER AMENDMENTS. No. 176. An Act to amend an Act establishing a new Charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same that the Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, be, and the same are hereby amended as follows:

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Section 1. That no action for damages to persons or property of any character whatever shall be instituted against the City of Atlanta, unless within ninety (90) days from the happening or infliction of the injury complained of the complainant, his executor or administrator, shall give notice to the Mayor and General Council of the City of Atlanta, by filing a claim with the Clerk of Council, of his injury, in writing, stating in such notice the date and place of the happening or infliction of such injury, the manner of such infliction, the character of the injury, the amount of damages claimed therefor and the names and addresses of all witnesses. Notice of claim of damages against city. Section 2. That on all papers vetoed by the Mayor, the vote to override or sustain shall be taken in General Council, and not be separate action of Council and the Board of Aldermen. Vote to override veto taken in General Council. Section 3. That the provisions of the present charter as contained in Section 156 of the City Code of Atlanta, published in 1924, as amended, relating to the assessment of property, and the time for making returns be and is hereby stricken, and in lieu thereof the following new Section be and is hereby enacted, to-wit: Sec. 156 of 1924 Code amended. Section 156. Assessment of City Property; Time for Making Returns. The said Mayor and General Council shall make or cause to be made an early assessment on City property, which assessment shall in all cases be made at the cash market valuation of the same, and shall provide by ordinance the time in which the return of the Assessors shall be completed, and shall fix the date on which the Board of Tax Assessors and Receivers shall open the books to receive returns for taxation, and shall also designate the day on which the said Board of Tax Assessors and Receivers shall close their books for receiving returns, and shall have further authority to fix penalties for failure of the taxpayers to make their returns within the time provided by ordinance. The provisions

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of this section shall not apply to property assessed by the State Revenue Commissioner under the provisions of Section 92-5903 of Georgia Code of 1933 and Act No. 296, Extra Session 1937-1938. Tax assessments and returns. Section 4. In the event of a vacancy occurring in the following offices; Comptroller, Chief of Construction, City Treasurer, City Building Inspector, Supt. of Electrical Affairs and City Tax Collector, the same shall be filled by vote of the General Council, and such office thus filled by vote of General Council shall thereafter be filled by General Council electing a successor for a term of four years. Vacancies filled by vote of General Council. In the event of a vacancy in the office of City Attorney the General Council shall elect a person to hold said office for the unexpired term and until a successor shall have been elected by the people at the general election next preceding the expiration of said unexpired term. City attorneyvacancy. Section 5. No ordinance, rule or regulation providing for the control of traffic on the streets of Atlanta shall be enacted by General Council until after such proposed regulation or control shall have been submitted to the Chief of Police and his recommendation received thereon; said recommendation to be reported to General Council within thirty days after same has been referred to Chief of Police. Traffic ordinances to be approved by Chief of Police. Section 6. That Section 22 of the Charter of the City of Atlanta as embodied in the City Code of Atlanta, 1924, be and is hereby amended by adding a new Section to be known as Section 22 (a) as follows: Sec. 22 of 1924 Code amended. Section 22 (a). All resolutions, orders, or ordinances appropriating or calling for the expenditure of public funds for more than one specific purpose, may be vetoed by the Mayor as to the specific item or purpose without vetoing the entire resolution, order or ordinance, and such veto shall be subject to be overridden as provided by the

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Charter or ordinances of the City. Provided, this power of the Mayor to veto specific items in resolutions, orders or ordinances, calling for the appropriation or expenditures of public funds shall not authorize him to modify or revise specific items. Partial veto of expenditures. Section 7. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 10, 1939. ATLANTA CHARTER AMENDMENTS. No. 248. 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 of the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, be and the same are hereby amended, as follows: Section 1. The Mayor and General Council shall not have any authority to increase the salaries or automobile allowances of any officer or employee of the City of Atlanta during any calendar year except during the months of January and July; provided, however, this shall not prevent the fixing of any salaries for new offices or positions created, or prevent the Mayor and General Council from reducing salaries because of economic conditions, or from abolishing positions. Salary increase only in January and July. Section 2. The control of Grady Hospital and all units thereof shall be vested in a Board of Trustees, composed of seven (7) members, one of whom shall be the Mayor of the City of Atlanta, one the Chairman of the Committee on Hospitals and Charities, or such committee of Council that

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has jurisdiction over public hospitals, and the other five (5) members to be appointed by the Mayor from the general public, subject to confirmation of General Council. The term of the five members appointed by the Mayor from the general public shall be for a period of four years, and such members shall be eligible for re-election. The terms of the Mayor and Chairman of the Committee on Hospitals and Charities shall be coextensive with their terms as Mayor and Chairman of said Committee respectively. Said Board of Trustees shall have the authority and power heretofore exercised by the Committee on Hospitals and Charities, and by the present Board of Trustees, existing under the ordinances of the City of Atlanta, together with any additional authority herein or which shall be granted by the Mayor and General Council. All vacancies shall be filled by the appointment of the Mayor, subject to confirmation of the General Council for the unexpired term. The Superintendent of Grady Hospital shall be Ex Officio Secretary of said Board, and shall keep the minutes and records thereof. Said Board of Trustees shall hold at least one public meeting each month to which the public shall be invited. Any member of General Council shall be entitled and allowed to attend any meeting of the Board of Trustees of Grady Hospital, whether executive, private, public or otherwise, and to examine any of the records of the Board of the Hospital at any time upon demand or request. Said Board of Trustees shall have authority to adopt rules and regulations as to the operation of the hospital, its personnel and its efficient operation not in conflict with the charter and ordinances of the City of Atlanta. Nothing in this Act shall be construed as affecting the terms of office of the present Board of Trustees of Grady Hospital, but their operation and control of Grady Hospital shall be under and by virtue of this amendment and they shall be considered as charter officers. Control of Grady Hospital.

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Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 24, 1939. ATLANTA CHARTER AMENDMENTS. No. 331. An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same that the Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, be, and the same are hereby amended as follows: Section 1. Section 356 of the Charter of the City of Atlanta, as disclosed by the Code of Atlanta, 1924, is amended by adding the following at the end thereof: Sec. 356 of 1924 Code amended. In all cases where such Chief, officer, member or employee of said department is indicted by the Grand Jury of Fulton County, or any other county of the State of Georgia, for an offense involving moral turpitude, or an offense pertaining to, or concerning his official conduct, he shall by virtue of such indictment, be suspended without right to compensation until he may be tried by the Police Committee of the General Council, or by a jury in the Superior Court, or other court having jurisdiction, and upon conviction either by the Police Committee, or by the jury, he shall thereupon be discharged. Suspension pending trial. Section 2. The Mayor and General Council of the City of Atlanta are hereby authorized to convey to Ernest G. Beaudry, his heirs, successors and assigns, the following

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described tract of land, now a part of the park property of the City of Atlanta: Land conveyed to Ernest G. Beaudry. All that tract or parcel of land lying and being in Land Lot 154 of the Seventeenth (17th) District of Fulton County, Georgia, more particularly described as follows: Beginning at a point on a line four hundred (400) feet west of Northside Drive and Two hundred fifty (250) feet north of the second street south of Peachtree Creek running west from Northside Drive; thence west one hundred-forty-one and ten one-hundredths (141.10) feet to Memorial Drive; thence northeasterly along southside of Memorial Drive one hundred eighty-eight and six-tenths (188.6) feet; thence south one hundred thirty and seventenths (130.7) feet to the point of beginning. Section 3. That the territorial limits of the City of Atlanta be and are hereby extended so as to take in territory adjacent to the present limits, fully described as follows: Limits extended. All that tract or parcel of land lying and being in the 15th District of DeKalb County, Georgia, more particularly described as follows: A tract of land on the South side of Glenwood Avenue beginning at the corner of West Street and Glenwood Avenue and extending East along the South side of Glenwood Avenue a distance of approximately 1550 feet to Lot No. 8, according to a plat made by Gordon Nalley, Engineer, and extending thence South approximately 185 feet, more or less, to the Southwest corner of Lot No. 8, thence West to West Street; thence North approximately 117.4 feet to the point of beginning. Description of new territory. Section 4. The power and authority of the City of Atlanta under its present charter and ordinance and all laws appertaining to said City as a municipality are hereby extended over and made effective in every part of the

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territory included in the limits above described on January 1st, 1940. The power and authority of the officers of the City are made coextensive with the limits as extended by this Act, and all other rights and powers necessary to carry out and enforce the laws and ordinances governing said City of Atlanta; the power of taxing property and of fixing and regulating licenses for business; to assess, issue executions for, and, in cases of default, sell the property upon which taxes are due, as now prescribed by charter; and the laws and ordinances of the City of Atlanta are extended to all limits included under the terms of this Act. The power of the Health Department, Police Department, City Tax Assessors and Receivers, Tax Collector, Marshal, Clerk of Council, Building Inspector, Recorder, and all other officers of the City of Atlanta are extended to the new limits as fully and completely as they now exist within the former limits and under the present charter, the laws and ordinances governing the City of Atlanta. Said new territory is likewise made subject to all the bonds heretofore issued by the City of Atlanta, and are bound for the payment of said bonds equally with the former territory of the City of Atlanta. Extension of powers. Section 5. All laws and parts of laws in conflict with these laws be and the same are hereby repealed. Approved March 24, 1939. ATLANTA CIVIL SERVICE. No. 204. 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,

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that an Act establishing a new Charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, be and the same are hereby amended as follows: Section 1. Index to Civil Service Act: Index. Section 2. Definitions. Section 3. Appointment, Removal, Compensation and Duties of the Personnel Board. Section 4. Appointment, Removal, Compensation and Duties of the Personnel Director. Section 5. Unclassified Service and Classified Service. Section 6. Status of Incumbents. Section 7. Methods of Filling Vacancies. Section 8. Certification and Appointment. Section 9. Temporary and Provisional Appointment. Section 10. Examinations. Section 11. Ratings and Eligibility. Section 12. Promotions. Section 13. Re-employment. Section 14. Transfer. Section 15. Demotion. Section 16. Suspension. Section 17. Lay-off. Section 18. Removal. Section 19. Appeals. Section 20. Political Activity. Section 21. Residence. Section 22. Dismissal for Violation. Section 23. Penalties. Section 24. Oaths. Section 25. Constitutionality. Section 26. Effective date. Section 27. General Repeal. Section 2. (Definitions): The following terms when used in this Act shall have the following meanings unless the context clearly requires otherwise. Definitions.

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(1) Classified Service means all offices and positions of trust or employment in the service of the City of Atlanta except those placed in the unclassified service by this Act and those covered by other Civil Service Acts enacted heretofore, and specifically excepts those officers and employees in the Departments of Police, Fire and Education, who are governed by their own civil service rules. (2) Board means the City of Atlanta, personnel board. (3) Director means the City of Atlanta, Director of Personnel. (4) Appointing Authority means the officer, commission, board or body having the power of appointment, employment or election to, or removal from, subordinate positions in any office, department, commission, board of institutions; or any person or group of persons having the power by virtue of the Constitution, statute, or lawfully delegated authority to make appointments or employments to the positions in the City of Atlanta, employment service. (5) Positions means any office or place of employment in the City of Atlanta, employment service. (6) Classified Employees means any employee holding a position in the Classified service. (7) Public Hearings means an opportunity given after public notice of at least five days for any person or persons to appear and be heard on the matter involved. Section 3. Appointment, Removal, Compensation and Duties of the Personnel Board. (1) There is hereby created and established the City of Atlanta Personnel Board which shall consist of three members of known sympathy to the merit system who shall be appointed by the Mayor of the City of Atlanta, but with the advice and consent of General Council. One of the

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three members so appointed, to be designated by the Mayor at the time of appointment, shall hold office for a term of two years. One of said first three members shall be so appointed to hold the office for a term of four years, and one shall be appointed for a term of six years. Thereafter all appointments shall be for a term of six years, and the members shall serve until their successors have been appointed and qualified. The members shall annually elect one of their number as chairman of the board. Two members of the board shall constitute a quorum for the transaction of business. Vacancies of the office of said personnel board created by death, resignation or otherwise shall be filled by the Mayor of the City of Atlanta, for the unexpired term, subject to approval by City Council. No member shall hold any other lucrative office or employment under the United States Government, the State of Georgia, or any political subdivision thereof, except the office of notary public or an office in the military forces. Personnel Board. (2) A member of the board may be removed only for cause and after a public hearing. Such hearing shall be conducted before General Council of Atlanta, and removal shall be by the Mayor of the City of Atlanta upon recommendation of a majority of General Council. Removal. (3) The members of the board shall be paid at the rate of ten dollars per diem for time actually devoted to the business of the board, but no member shall be paid for more than twenty-four days of service in any one year. Compensation. (4) The Board shall keep its office and shall hold its meetings in the City Hall, and all of said meetings shall be open to the public. The Board shall hold regular meetings at least once quarterly, and as often in addition thereto as the Board may provide. It shall be the duty of all officers having charge of public buildings of the City to allow the reasonable use of space and room therein, and to heat and light for the holding of any examinations or investigations provided for by this Act and in all proper ways to facilitate

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the work of the Board. It shall be the duty of the Board as a body: Meetings and office space. (a) After public hearing to adopt, rescind and amend rules and regulations for the administration of this Act, which when adopted by General Council and approved by the Mayor, it shall be the duty of all officials and other employees of the City to which these rules may relate to assist in all proper ways, in carrying said rules and any modifications thereof into effect. Notice of the contents of such rules and of any modifications thereof, shall be given to all appointing officers affected thereby, and such rules and modifications may be printed for public distribution. Duties of Board. (b) To hear and determine the appeals and complaints respecting the administrative work of the director, and such other matters as may be referred to the Board by the director. (c) To make such investigations as may be requested by the Mayor or General Council where general City employees are affected and by the Board of Education where employees of said Board are affected, or on its own motion and to report thereon. (d) To keep minutes of its own meetings and such other records as the Board may deem necessary. (e) To examine and approve or modify the annual report prepared by the Director and submit such report to the Mayor on or before the first day of December of each year transmitting therewith any suggestions it may approve for the more effectual accomplishment of the purpose of this Act. Section 4. Appointment, Removal, Compensation and Duties of the Personnel Director. (1) The Board shall appoint a Personnel Director. Such Director shall be a person competent, trained and experienced

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in the field of personnel administration and thoroughly in sympathy with the application of merit and sound business principles in the administration of personnel. Personnel Director. (2) He shall take the oath of office prescribed for the Mayor before the Chairman, and give bond in the penal sum to be fixed by the Mayor and General Council, for his faithful performance, to be approved by the Mayor. (3) The Director shall hold his office during good behavior and may be removed only for cause after a public hearing by the Board. (4) The Director shall be paid a salary of thirty-six hundred dollars per annum. (5) It shall be his duty: (a) To attend meetings of the Board, to act as its secretary and to record its official actions. Duties of Director. (b) To appoint and supervise any necessary employees and incur necessary expenses for the administration of this Act within the limits of the appropriation to be provided therefor by the Mayor and General Council. (c) To prepare, recommend, and administer rules and regulations for the proper administration and execution of this Act, which rules and regulations as approved by the Board, and the Mayor and General Council, and Board of Education where employees of said Board are affected shall govern the examination procedure, formulation of registers of eligibles; the certification of persons qualified for appointment to the classified service, administrations of appointments, transfers, demotions, promotions, suspensions, lay-offs, re-employments, resignations, dismissals and other matters pertaining to the proper administration of this Act. (d) To establish and maintain a roster of all the officers and employees in the City Employment service, who are

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covered by this Act, showing for each such person the date of appointment, the title of position or positions held, the initial rate of compensation and all changes thereof, and such other data as deemed desirable and pertinent. (e) To check all payrolls or other compensation for personnel service in the classified service periodically, at such time as the Director may deem consistent for the proper administration of this Act. (f) To recommend to the Board, City Council and the Mayor, and the Board of Education where employees of said Board are affected, proper classification of positions in the City employment service according to duties and responsibilities. (g) To make such investigations pertaining to personnel, salary scales, and employment conditions in the City employment service as he may deem necessary and as may be requested by the Board, the Mayor or by the General Council, or by the Board of Education where employees of said Board are affected. (h) To require the attendance of witnesses and the production of books, papers, public records and other documentary evidence pertient to any such investigations. (i) To make an annual report to the Board. (j) To perform any other lawful act required to carry into effect the purposes and spirit of this Act. Section 5. Unclassified Service and Classified Service. The Civil Service of the City of Atlanta, shall be divided into the unclassified service and the classified service. Types of service. (1) The Unclassified Service shall consist of the following: Unclassified. (a) Officers elected by the people and persons appointed to fill vacancies in such elective offices. (b) Officer and employees specifically exempted by law.

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(c) Members of Boards or special commissions appointed by the Mayor or by the Board of Education, for special purposes, who serve without compensation. (d) Internes, Student Nurses, Orderlies, Maids, Cooks, Kitchen Help, Clinical Assistants and Social Works in Public Hospitals. (e) All assistants and employees in the Department of Law. (f) The executive secretary and one other confidential employee of the Mayor, his private secretary shall be under the classified service. (g) Persons temporarily appointed or designated to make or conduct a special inquiry, investigation, or examination where such appointment or designation is certified by the Board to be for employment which should not be performed by persons in the classified service. (h) Election officials. (i) Heads of Departments elected by the Mayor and General Council. (j) Officers and employees in the Departments of Police, Fire and Education having their own Civil Service or Tenure Rules. (k) Seasonal employees in the Department of Parks whose employment does not exceed three months in any one year. (l) Superintendents and Assistant Superintendents under the Board of Education, and other persons elected by said Board for definite terms; librarians employed through the Board of Education; clerks in schools and nurses, maids and employees in cafeterias in schools. Promotion or election by the Board of Education from a position in which tenure is provided by law to another position under the Board in which tenure is not so provided shall not destroy

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the tenure status of such person. Librarians and clerks in schools shall serve during good behavior and efficient service under such rules and regulations as may be established by the Board. (m) Officers and employees of the Carnegie Library and its branches. (n) Recreational Director in the Department of Parks. (o) Employees of the City of Atlanta making a salary of less than seventy dollars ($70.00) per month. (2) The Classified service shall include all other public officers and employees in the Atlanta employment service now or hereafter employed, and all appointments, employments, removals, promotions, transfers, lay-offs, reinstatements, suspensions and changes in grade or title in the classified service shall be made and permitted only as prescribed in this Act, and not otherwise. Classified. Section 6. Status of Incumbents. Any person holding a position in the classified service of the City, including the Board of Education employees other than those under separate Civil Service Rules, employment service as herein defined on the effective date, who has been an employee of the City for at least ninety (90) days immediately preceding the effective date of this Act, shall continue to hold such position subject to the provisions of this Act and shall be deemed to have received a regular appointment in accordance with the provisions of this Act, provided that they file an application with the Board within sixty (60) days after the effective date of this Act, which among other things shall include a complete history of their employment record. Status of incumbents. Section 7. Methods of filling Vacancies. Vacancies in the classified service shall be filled either by regular appointment, temporary appointment, re-employment, promotion, transfer, or demontion. The Director may advise

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with the appointing authorities as to which of these methods should be employed in each instance, but the decision shall rest with the appointing authority, provided, that temporary appointments may be made only in accordance with the provisions of this Act. The appointing authority shall fill vacancies in the classified service by promotion as far as deemed practical. Vacancies in classified service. Section 8. Certification and Appointment. Whenever a vacancy is to be filled by regular appointment, the appointing authority shall submit to the director a statement of the duties of the position and a request that the Director certify to him the names of persons eligible for appointment to the position. The Director shall immediately certify to the appointing authority the names of the three persons standing highest on the register of such a class in which the position is established and if more than one vacancy is to be filled, the name of one additional person eligible for each additional vacancy, or all the names on the register if there be less than three. If it should prove impossible to locate any of the persons so certified or should it become known to the Director that any person is not willing to accept the position, the appointing authority may request that additional names be certified until three persons eligible and available for appointment have been certified, if there be as many as three on the register. The appointing authority shall then appoint one of the persons so certified to the position, except that, in the event that he has less than three persons from which to make his selection, he may choose from the remaining certified names or may elect to make a temporary appointment of some other person. In the event that there does not exist any eligible register which the Director deems to be appropriate for the class in which the position is established, he shall proceed to prepare such an eligible register as soon as possible, after the receipt of the request of the appointing authority that eligibles be certified. Whenever an eligible has been certified to, and rejected by, appointing

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authorities three times, the Director after investigation may with the approval of the Board remove the name of such person from the eligible register. All regular appointments to the classified service covered by this Act shall be for a probationary period of six months, but the Director and the appointing authority may extend such probationary period to one year. If during this probationary period the conduct or capacity of the probationer has not been satisfactory to the appointing authority, the probationer and the Director shall be notified in writing that he will not receive permanent appointment, otherwise retention in the service longer than for the probationary period of any employee shall constitute permanent appointment. Method of filling vacancy. Section 9. Temporary and Provisional Employment. Whenever it is impossible to certify eligible persons for appointment to a vacancy in the classified service, the appointing authority may nominate a person to the Director. If such nominee is found by the Director to have had experience and training which appears to qualify him for the position, he may be temporarily appointed to such vacancy, but only until an appropriate eligible register can be established and an appointment made therefrom, provided that, the Director with the approval of the Board may approve a provisional appointment to fill a technical or professional position which requires specialized knowledge or training and which cannot be filled from the eligible register. In no event shall a temporary appointment be continued for more than six months. Successive temporary appointments of the same person shall not be made; not more than one temporary appointment shall be made to any position within any twelve months period. Temporary and provisional employment. Section 10. Examinations. Each eligible register shall consist of a list of all the persons who have shown by competitive tests that they possess the qualifications which

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entitle them to be considered eligible for appointment to any position in the class for which the eligible register is to be prepared. The tests may take into consideration elements of character, education, aptitude, experience, knowledge, skill, personality, physical fitness, and other pertinent matters and may be written or oral or any other demonstration of fitness as the Director may determine. Such tests shall be competitive, free and open to all persons, citizens of the City of Atlanta, who may be lawfully appointed to any position in the class for which they are held, with such limitations as to age, health, habits, character and other qualifications as may be considered desirable by the Director and specified in the public announcement of the test. Public notice of the time, place and general scope of every test shall be given. Competitive examinations. Section 11. Rating and Eligibility. Examination papers shall be rated on the scale of one hundred, and the subjects therein shall be given such relative weights as may be prescribed. In rating these papers no person shall wilfully or corruptly make any false mark, grade, estimate or report on the examination or proper standing of any person examined under this Act, or wilfully or corruptly make any false representation concerning the same or concerning the persons examined, or wilfully or corruptly furnish to any one special or secret information for the purpose of improving or injuring the chances of appointment of promotion of any person examined. All competitors rated seventy or more shall be eligible for appointment, and their name shall be placed on the proper register according to their attained rating. The term of eligibility shall be one year, commencing with the date on which the name of the eligible is entered on the register. This term may be extended in the discretion of the Director for all those on any register when conditions of good administration render it inexpedient to hold a new examination. Rating and eligibility.

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Section 12. Promotion. Promotions of employees covered by this Act, shall be made only according to merit and fitness, which, so far as practicable, shall be ascertained by competitive examinations. Such examinations shall be conducted by the Director at the request of any appointing authority. Promotion. Section 13. Reemployment. (1) Whenever any employee in the Classified service, who has been performing his duties in a satisfactory manner, as shown by the records of the department or other agency in which he has been employed, is laid off because of lack of work or lack of funds, or has been on authorized leave of absence and is ready to report for duty when a position is open, or has resigned in good standing and with the consent of the Director and the head of the department under whose jurisdiction he was employed, and has withdrawn his resignation without being restored to his position, the Director shall cause the name of such employee to be placed on the reemployment list for the appropriate class for reemployment within three years thereafter when vacancies in the class occur. The order in which names shall be placed on the reemployment list for any class shall be in the order according to dates of applications for reemployment. No person shall be reinstated or have his name restored to a reemployment list unless such resignation is withdrawn within three years after it has been presented and accepted. Reemployment. (2) When a vacancy exists which the appointing authority has decided to fill by re-employment, the appointing authority shall submit to the Director in such form as may be prescribed by the Board a request that the Director certify to him the names of persons eligible for reemployment in the class in which the vacant position is established. The Director shall immediately certify to the appointing authority the names of persons on appropriate registers. Vacancy filled by reemployment.

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Section 14. Transfers. An appointing authority may, at any time, transfer any classified employee under his jurisdiction from one position to another in the same classification, provided, that the Director has authorized the transfer of the employee from one department to another and has received approval of both appointing authorities concerned. In every such case the appointing authority shall give written notice of this action to the Director. No transfer shall be made to a competitive position in the classified service above the lowest grade, unless the appointing authority shall certify to the Director, who shall make proper investigation in connection therewith, that the position involved cannot be adequately filled by promotion from the personnel in the respective department. Transfers. Section 15. Demotion. An appointing authority may, in accordance with the rules and regulations established by the Board demote for cause a classified employee under his jurisdiction from a position in one class to a position in a lower class, but only after the employee involved and the Director have been notified in writing of such contemplated action. Demotion. Section 16. An appointing authority may, upon giving written notice to an employee and the Director and with the approval of the Director suspend for just cause a classified employee for disciplinary purposes without pay for a period not exceeding thirty (30) days in any twelve months period. Suspension. Section 17. Lay-off and Leave of Absence Without Pay. An appointing authority may lay off a classified employee whenever he deems it requisite due to unusual conditions or shortage or stoppage of work or funds. In every case of this kind the appointing authority shall, before the effective date thereof, give written notice of his contemplated action to the employee involved and the Director. Any person who has been appointed to a

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position in the classified service, or who shall have attained a civil service status, under the provisions of this Act, other than a temporary or provisional appointee, and who has been laid off for the reasons stated in this section of the Act, shall have his name placed on an appropriate reemployment register. Leave of absence for a period not to exceed six consecutive months in any twelve months period may be granted to any employee without pay upon request of the employee when approved by the appointing authority and the Director notified in writing. Laying off, etc. Section 18. Removal. Any appointing authority may dismiss a subordinate in the classified service for cause, upon filing with the Board, copy of written notice furnished the employee, to be removed, setting forth in detail the reasons for such action, before the effective date of such removal. The dismissed employee shall have an opportunity to answer the charges in writing within ten (10) days, and to file with the Board affidavits in support of such answer. All papers filed in the case shall be subject to inspection by the persons affected. Such action of the appointing authority shall be final except the board may reinstate an officer or employee so removed in case it appears after proper hearing that the removal was made for personal, political or religious reasons and not justified. The Board may after proper investigation of the circumstances surrounding the dismissal and the fairness thereof, approve the transfer or reemployment of the employee involved either to the same position, if approved by the appointing authority, or to a lower position as the Board may direct. Provided, however, the Board within Thirty (30) days from any action removing, demoting, suspending or accepting the resignation of any officer or employee may on its own motion, or on the motion of any party, reopen the case and vacate, modify or revise its former order so as to lessen, but not increase, the penalty imposed, but

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after the end of such thirty (30) days the Board shall not have any authority to reopen such case for any cause. Anything herein to the contrary notwithstanding, where an appointing authority has adopted or hereafter adopts a rule for compulsory retirement of all of its employees upon their reaching an age provided by such appointing authority, the provisions of this Act shall be subject to any such rule of such appointing authority. Removal. Reinstatement. Section 19. Appeals. Whenever the Director refuses to examine an applicant or after examination to certify an eligible, as provided in this Act, then said Director if requested by the person so rejected, shall give to him a full and explicit statement of the exact cause for such refusal to examine or certify, as the case may be. The person so rejected may ask for a review of the case by the Board, which shall be granted, and said Board by a majority vote shall have power to render a final decision in writing to the person asking for the review. Such decision of the Board shall be binding on all concerned. Review by Board. Section 20. Political Activity and Recommendations. In applying the provisions of this Act or in doing any of the things hereby provided, no person whosoever shall give any consideration to political or religious affiliations. No person holding a position in the classified service shall directly or indirectly solicit or receive in any manner or be concerned with soliciting or receiving any assistance or subscriptions or contributions for any political purpose, or participate in any form of political activity whatsoever, other than to express privately his views as a citizen and to cast his vote in any election. No recommendation for any person who applies for office or position in the classified service, or for examination under the provisions of this Act, except as to character, and in case of former employers as to ability, shall be considered by the Board, or the Director or the appointing authority, in giving any examination, appointment, promotion or reinstatement under this Act. Political activity prohibited.

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Section 21. Residence. Positions in the classified service shall be filled by Citizens of the City of Atlanta, who have been residents of the City of Atlanta for at least two years immediately preceding the date of examination. In the discretion of the Board, residence requirements may be waived only for technical and professional positions for which qualified applicants who are residents of the City of Atlanta cannot be obtained, or the work to be done is in city service outside of the City limits. Removal of residence outside of the City limits shall be grounds for removal unless permission to remove is granted by the Board and approved by the General Council. Residence. Section 22. Dismissal for Violation. Any person in the classified service violating any of the provisions of this Act may be dismissed from the classified service. Violation of Act. Section 23. Penalties. Any person who shall wilfully or corruptly violate any of the provisions of this Act shall be guilty of a misdemeanor, and shall on conviction thereof be punished as for a misdemeanor prescribed by the laws of Georgia, and if such convicted person be in the classified services, he shall be dismissed therefrom and shall not be eligible for reappointment, reinstatement or reemployment for a period of three years or more, from the date of such conviction. Punishment. Section 24. Oaths. The Board and all employees in the classified service shall take the oath of office as prescribed for the Mayor. The Board and the Director are authorized to administer oaths. Oath. Section 25. Constitutionality. Should any section or provision of this Act be held to be unconstitutional or invalid such section or provision shall not affect the validity of this Act as a whole or any part thereof other than the part so held to be unconstitutional.

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Section 26. Effective Date. That this Act shall take effect May 1st after its passage. Effective date. Section 27. All Acts or parts of Acts which are inconsistent with the provisions of this Act are hereby repealed. Approved March 20, 1939. ATLANTA LIMITS EXTENDED. No. 134. An Act to amend an Act to establish a new charter for the City of Atlanta, approved, February 28, 1874, and the several Acts amendatory thereof by increasing the limits of the City of Atlanta so as to extend over and take in three (3) tracts or parcels of land; (1) a tract or parcel of land lying and being in land lots 150, 151, 170 and 171 of the Fourteenth District of Fulton County, Georgia; (2) a tract or parcel of land lying and being in land lot 172 of the fifteenth District of DeKalb County, and (3) a tract or parcel of land lying and being in land lot 150 of the Fourteenth District of Fulton County Georgia; to extend the laws and Ordinances of the City of Atlanta over such annexed territory; 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 amended by adding to and increasing the limits of the City of Atlanta, so as to take in the territory adjacent to the present limits, more fully described as follows: Section 1. Tract One. All that tract or parcel of land lying and being in land lots 150, 151, 170 and 171 of the 14th District of Fulton County, Georgia, and more particularly described as follows: Tract 1.

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Beginning at a point on the south side of Beecher Street six hundred and thirty-five (635[prime]) feet more or less west of the southwest corner of Alvarado Terrace and Beecher Street; said point being located where the present City limit line of the City of Atlanta intersects the south side of Beecher Street, and continuing westerly along the south side of Beecher Street fifteen hundred and seven and two tenths (1507.2[prime]) feet, more or less, to monument No. 19 which marks the western boundary of John A. White Park; thence south two (2) degreesforty-four (44) minutes west nine hundred and seventy (970) feet; thence north eighty-eight (88) degreesfifty-one (51) minutes west eleven hundred and eighty-four and eighty-five hundredths (1184.85) feet; thence south no degreesone (1) minute west seven hundred and seventy-three hundredths (700.73) feet; thence south fifty-four (54) degreesforty-four (44) minutes east one hundred and seventy-five and nine-tenths (175.9) feet; thence south twenty-eight (28) degreestwenty-one (21) minutes east seven hundred and twenty-three (723) feet; thence north seventy (70) degreesforty-six (46) minutes west five hundred and sixteen and ten-hundredths (516.10) feet; thence north no degreesone (1) minute west eight hundred and ninety-one and nine-tenths (891.9) feet; thence south eighty degreesthirty-two (32) minutes east five hundred (500) feet, more or less along the boundaries of John A. White Park to the existing City Limits; thence northeasterly and northerly along the existing City Limits to the point beginning. Description. Tract Two. All that tract or parcel of land lying and being in land lot 172 of the 15th District of DeKalb County, Georgia, and more particularly described as follows: Tract 2. Beginning at a point on the north side of Glenwood Avenue immediately opposite the point of the Southwest intersection of Glenwood and Carter Avenues; thence in a Southerly direction across Glenwood Avenue and along

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the Western boundary of Carter Avenue a distance of approximately 250 feet to a point 200 feet south of the southern boundary of Glenwood Avenues; thence in an easterly direction and parallel to Glenwood Avenue a distance of 450 to a point on the West side of Johnson Avenue; thence in a northerly direction along the West side of Johnson Avenue and across Glenwood Avenue a distance of approximately 250 feet to a point on the North side of Glenwood Avenue immediately opposite the point of the southwest intersection of Johnson and Glenwood Avenues; thence in a westerly direction along the North side of Glenwood Avenue a distance of 450 feet to the point of beginning. Description. Tract Three. All that tract or parcel of land lying and being in Land Lot 150 of the 14th District of Fulton County, Georgia, and more particularly described as follows: Tract 3. Beginning at a point on the south side of Beecher Street six hundred and thirty-five (635) feet, more or less, west of the southwest corner of Alvarado Terrace and Beecher Street; said point being located where the present city limit line of the City of Atlanta intersects the south side of Beecher Street, and continuing westerly along the south side of Beecher Street two hundred and ten (210) feet, more or less, to a point directly south of the northwesterly corner of Waters Drive and Beecher Street; thence northerly across Beecher Street and along the westerly side of Waters Drive seven hundred and forty-three (743) feet, more or less, to the northerly line of property of W. L. Harden; thence east along said property line two hundred and ten (210) feet, more or less, to the existing city limits of the City of Atlanta; thence southerly along the existing city limits of the City of Atlanta seven hundred and forty-three (743) feet, more or less, to the point of beginning. Description.

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Tract Four. All that tract or parcel of land lying and being in land Lot No. 55 of the 18th District of DeKalb County, Georgia, and more particularly described as follows: Tract 4. Beginning at a point on the Fulton and DeKalb County line 219.1 feet south from a point on the southwest corner of the intersection of Bonnie Lane and Zimmer Drive, N. E. and thence running in an easterly direction along the South line of the old Zimmer property for a distance of 1060 feet; thence running in a northerly direction for a distance of 715 feet to the line of the city limits of Atlanta; thence running in a westerly direction for a distance of 545 feet along the line of present city limits; thence running in a westerly direction by north for a distance of 325 feet along the present city limits line to the west side of Bonnie Lane, N. E.; thence running for a distance of 777.5 feet in a southerly direction along the present city limits line to the point of beginning. Description. Section 2. The power and authority of the City of Atlanta under its present charter and ordinance and all laws appertaining to said city as a municipality are hereby extended over and made effective in every part of the territory included in the limits above described on January 1st, 1940. The power and authority of the officers of the city are made coextensive with the limits as extended by this Act, and all other rights and powers necessary to carry out and enforce the laws and ordinances governing said City of Atlanta; the power of taxing property and of fixing and regulating licenses for business; to assess, issue executions for, and, in cases of default, sell the property upon which taxes are due, as now prescribed by charter; and the laws and ordinances of the City of Atlanta are extended to all the limits included under the terms of this Act. The power of the Health Department, Police Department, City Tax Assessors and Receivers, Tax Collector, Marshal, Clerk of Council, Building Inspector,

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Recorder, and all other officers of the City of Atlanta are extended to the new limits as fully and completely as they now exist within the former limits and under the present charter, the laws and ordinances governing the City of Atlanta. Said new territory is likewise made subject to all the bonds heretofore issued by the City of Atlanta, and are bound for the payment of said bonds equally with the former territory of the City of Atlanta. Extension of powers. Section 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 6, 1939. ATLANTA PARK PROPERTY. No. 57. An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same that the Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, be, and the same are hereby amended as follows: Section 1. That Section 482(h) of the City charter of the City of Atlanta as embodied in the Atlanta Code Supplement 1936 be, and is hereby repealed and in lieu thereof the following to be known as Section 482(h), to-wit: Sec. 482 (h) of 1936 supplement amended. Section 482(h). The Mayor and General Council shall have no authority or power to sell, exchange, farm out or in any way alien the property known as Grant Park, Piedmont Park, Maddox Park, Mozley Park, Candler

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Park, Oakland City Park, Adair Park, James L. Key Golf Course, and Pershing Point Park, John A. White Park, Atlanta Memorial Park and Washington Park. But the same shall remain as now established, except the Mayor and General Council are authorized to remove the restrictions and conditions in the deed from the City of Atlanta to Atlanta Post No. 1. American Legion, conveying a parcel of land in Piedmont Park, so as to give the grantee free and unencumbered title. All contracts, negotiations, grants, leases, or other forms of transfer in violation of this Act are declared void and of no effect as against the City, and any official voting therefor shall be deemed guilty of violating his duty, and subject to impeachment and removal from office therefor; Provided, however, the provisions of this section shall not apply to the sale, exchange, or alienation of such articles or equipment of said parks as are worn out or useless or which for the betterment of the service can be advantageously substituted by new or improved machinery or equipment. Sale of certain park property prohibited. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 21, 1939. ATLANTATERMS OF OFFICE. No. 59. An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act establishing a new charter for the City of Atlanta, approved February 28, 1974, and the several

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Acts amendatory thereof, be, and the same are hereby amended as follows: Section 1. The terms of the present Mayor and present Councilmen of the City of Atlanta are hereby extended for the term of one year, namely, to the first Monday in January, 1941, and their successors in office to be elected in the Municipal Election to be held in 1940, and shall be elected for a term of four years. Terms of mayor and councilmen. Section 2. The terms of the heads of departments of the City government, and members of the Board of Education of the City of Atlanta, which under the charter are due to expire on the first Monday in January, 1940, are hereby extended one year, and their successors shall be elected in the Municipal Election of 1940 for a term of four years. Terms of heads of departments. Section 3. The terms of the office of Mayor, Aldermen, Councilmen, and heads of all departments elected by the people, or by the Mayor and General Council shall after the expiration of the terms of the present officers as now fixed by the charter, or as extended by this amendment, be four years. Four year terms. Section 4. The present existing terms of the two Recorders of the City of Atlanta are hereby extended one year. They shall hold their respective offices until the first Monday in January, 1941, or until their successors are duly elected and qualified. Their successors shall be voted on at the next General Election of the City of Atlanta in 1940, and such terms beginning with said election shall thereafter be four years. Terms of Recorders. Section 5. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 21, 1939.

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AUGUSTA BUDGET COMMISSION. No. 187. An Act to amend the Charter of the City of Augusta and the several Acts amendatory thereof, so as to provide and establish an annual municipal budget; to regulate and control the expenditure of City funds; to provide penalties for violations of this Act; to repeal laws in conflict herewith, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. In addition to the existing provisions of the Charter of the City of Augusta, incorporated as the City Council of Augusta and designated also by its said corporate name in this Act, there is hereby created and established a Budget Commission, consisting of the Mayor and Comptroller, both ex-officio, and the Finance Committee of the City Council of Augusta as it may be composed from time to time. Budget commission. Section 2. On or before January 15th in each year after the passage of this Act, the Budget Commission shall estimate the total amount of revenue of the City of Augusta for the entire current calendar year, designated also as the budget year in this Act, and shall submit its estimate along with a tentative appropriation bill or resolution to the City Council, filing the same with the Clerk of Council. Tentative estimates. The estimates of revenue shall include only an estimate of: Estimate of revenue. (a) Receipts from current taxes based on assessments of real and personal property, excluding taxes based upon assessments made through the office of the Comptroller General of the State of Georgia. This estimate shall be made up by first establishing the amount of

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such taxes actually collected in the year preceding the budget year and then calculating the proportion which the amount collected bears to the total tax digest for that year. The amount of estimated receipts from taxes on real and personal property for the budget year shall be determined at no greater proportion of the tax digest for the budget year, than the proportion established between actual collections and the amount of the tax digest for the preceding year; provided that the estimate of receipts may be revised in accordance with this Section by the Budget Committee when the tax digest for the budget year is made up and established. (b) Receipts from executions on real and personal property to be estimated by first finding the total amount of such executions, not more than seven years old, outstanding at the beginning of the year preceding the budget year, and then establishing the proportion that the amount collected in cash from such executions during that year bears to the total amount of executions outstanding at the beginning of said preceding year. The estimate of receipts for the budget year shall then be made at no larger proportion of the total amount of such executions outstanding at the beginning of the budget year. (c) Receipts from all other sources except special property assessments, including 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 budget year. (d) Receipts from assessments for street and sidewalk paving, for laying curbing and sewers estimated from each of the several sources at an amount no greater than 33[frac13]% of the total of unassigned valid assessments for the year in which the assessments are levied; and at an amount no greater than 80% of the unassigned current

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maturing installments payable in each succeeding year respectively; provided that nothing contained in this Act shall be construed as preventing the City council of Augusta from discounting the assessments against property owners or obtaining advances thereon payable solely out of collections therefrom on terms which will not create a debt of the City of Augusta prohibited by Article VII, Section 7, paragraph 1 of the Constitution of Georgia as amended. Section 3. The budget shall contain appropriations for: Budget appropriations. (a) The sums necessary to pay the interest on the bonded debt of the City, and interest on the notes and certificates of indebtedness issued by the City; (b) The sums necessary to pay the principal of all serial bonds maturing in the budget year and the principal on the notes and certificates of indebtedness of the City maturing in the budget year; (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; The estimates of revenue provided by Section 2 and the tentative appropriations provided by Section 3 of this Act shall constitute the final budget and the same shall be binding upon the Mayor and City Council. Final budget. Section 4. In the event of an increase in the digest of real and personal property when finally made up and established, or an increase in the tax rate, or an increase in the schedule of charges for city services such as water

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service, and the like, the Budget Commission may revise its budget and, considering assessments, tax rates, service charges and the like for the previous year, may apply the new rates and adjust its estimates accordingly. Budget changes. Section 5. Extraordinary receipts or receipts from sources not included in the estimate of receipts as provided in Sections 2 and 4 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 ordinances, the operation of which shall continue in or which shall be re-enacted for such ensuing year. Extraordinary receipts. Section 6. Should the income of the City of Augusta be decreased by law either by Act of the General Assembly of the State of Georgia or the City Council of Augusta, 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 City Council of Augusta in any year shall never exceed the total revenue estimated for that year, as provided in Section 2 of this Act, and as thereafter reduced as provided in this Section. Adjustment of budget. Limitation on expenses. Section 7. The Mayor and the members of the City Council of Augusta shall be individually, jointly and severally liable to the City Council of Augusta to repay any amounts appropriated or expenses incurred in excess of said budget 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 such members of the City Council of Augusta in any Court of competent jurisdiction of this State by any resident of the City of Augusta suing in the name of and for the use of

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the City Council of Augusta to recover amounts appropriated or expenses incurred in violation of this Act. Liability for excess spending. Section 8. Any unencumbered balance at the beginning of any year after the effective date of this Act, 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 Budget Commission, and certified to the City Council. Unencumbered balance. Section 9. If at the end of any year after the effective date of this Act, 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 10. 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 City 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 2 and 6 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 City Council by a two-thirds affirmative vote by all members elected to the same, with the Mayor being entitled to a vote as may be prescribed by law and by City ordinances. Appropriations.

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Section 11. Money received by the City from the sale of bonds may be appropriated from time to time by the City Council for the purposes for which such bonds were issued, anything else herewith to the contrary notwith-standing. Proceeds of bonds. Section 12. In case of conflagration, flood or other disaster, the City 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, with the Mayor voting as provided by law and City ordinances, 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. Emergencies. Section 13. This Act shall not be effective until Article VII, Section 7, paragraph 1 of the Constitution of Georgia, incorporated in the Code of 1933 as Section 2-5501, as heretofore amended, shall be further amended by adding at the end thereof new paragraphs permitting the City Council of Augusta to make temporary loans between January 1st and December 31st of each year, up to Fifty (50%) per cent. of the total gross receipts of the City of Augusta from ad valorem taxes in the preceding year; and permitting the City Council of Augusta to issue notes or debt certificates not in excess of the sum of One Million ($1,000,000.00) Dollars principal amount, for the retirement and payment of the deficit and current indebtedness of the City of Augusta, as of the first day of January next following the adoption and proclamation of said Amendment. Effective after ratification of amendments to Constitution. Section 14. Any person violating any portion or section of this Act shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by imprisonment for

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not less than thirty (30) days nor more than six (6) months, or by a fine of not less than Two Hundred and Fifty ($250.00) Dollars nor more than Five Hundred ($500.00) dollars, or by both fine and imprisonment in the discretion of the Court. Punishment for violation. Section 15. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved March 16, 1939. AUGUSTA HOSPITAL TRUSTEES. No. 102. An Act to amend the Charter of the City of Augusta so as to provide and create a Board of Trustees to be known as Trustees of the University Hospital, with authority and jurisdiction over the University Hospital in Augusta; to provide for the management and control of said hospital and to define the duties and powers of said Board of Trustees; to provide for the appointment of the first members of said Board of Trustees and provide for the appointment of their successors; to repeal 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 the charter of the City of Augusta is hereby amended as follows: 1. A Board of Trustees is hereby created and established as an administrative agency or department of the City of Augusta to be known as Trustees of the University Hospital, with jurisdiction, power and authority hereinafter set forth. The Board of Trustees shall consist of the Mayor of the City of Augusta, as an

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ex-officio member, the Chairman of the Board of Commissioners of Roads and Revenues for the County of Richmond, as an ex officio member, and seven citizens who are residents of the City of Augusta, Georgia. Trustees of the University Hospital. 2. The Mayor, with the approval of Council, shall name the seven citizen members of said board, whose term of office shall be for five years from the date of their confirmation by Council, and then their terms of office shall be two members elected for a two year term, two members elected for a four year term, and three members elected for a five year term, and on the expiration of their respective terms their successors shall then hold for a term of five years. When the terms of office as above set forth shall expire, Council shall name or elect successors from a list of three names for each vacancy, furnished by the Board of Trustees as it may be constituted at that time. Each member of the Board of Trustees shall be eligible for renomination and reelection by the City Council. Appointment and terms of members. Any vacancy occurring in the ordinary course of events, or by death, resignation, or otherwise, shall be filled by election by The City Council of Augusta from a list of names submitted by the Board of Trustees, as above set forth. Vacancies. 3. Said Board of Trustees shall have the power to adopt by-laws for the government of the Board, and shall determine the time and place of its meetings. Five members of the Board shall constitute a quorum for the transaction of business. By-laws and meetings. 4. Quarterly financial reports shall be submitted to The City Council of Augusta; and any formal contract between The Trustees of the University Hospital and the School of Medicine of the University of Georgia shall be subject to the approval of the City Council. Financial reports. Approval of contracts.

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5. Complete and entire jurisdiction, management and control of the University Hospital, in Augusta, including its out-patient department, is hereby vested in said Board of Trustees to be known as the Trustees of the University Hospital, and they shall have full power and authority to operate and maintain said hospital. The Board of Trustees, in the exercise of medical and surgical control of the University Hospital, may, if they so determine, act by and through an advisory board or any individual member, or members, thereof, comprised of four doctors selected annually by the Clinical Hospital staff, and four doctors from the School of Medicine of the University of Georgia to be appointed annually by the Dean, who shall be ex officio a member of said advisory board, each of whom shall serve at the pleasure of the Trustees of the University Hospital, or the Trustees of the University Hospital may select any other advisory board, at any time terminating the authority of any existing advisory board; provided further that in any case the Trustees may determine the period of service of such advisory board and designate what power and authority it shall exercise and what duties and responsibilities shall be delegated to such advisory board, and on what terms and conditions. Powers of board. Section 2. Be it further enacted that all laws in conflict herewith are hereby repealed. Approved March 3, 1939. AUGUSTA TEMPORARY LOANS. No. 324. An Act to amend the charter of the City of Augusta so as to authorize the City Council of Augusta to make temporary loans and provide for their repayment; to authorize the City Council of Augusta to issue notes or debt certificates for the retirement and payment of

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the deficit and current indebtedness of the City of Augusta, and to provide the terms of their issue; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same; Section 1. The City Council of Augusta, in addition to the debts heretofore allowed by the Constitution and laws of the State of Georgia, may make temporary loans between January 1st and December 31st, of each year, to be paid out of the revenue received by the City in that year; said loans to be evidenced by promissory notes signed by the Mayor and Clerk of the City Council of Augusta and previously authorized by a majority vote of the City Council of Augusta with the Mayor voting, as provided by law and City ordinances, at any regular or called meeting and entered on the Minutes of the City 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 Augusta 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 revenue received by the City in the year the loan is made shall not affect the obligation of the City Council of Augusta to pay the same. Temporary loans. Limit. Section 2. The City Council of Augusta, by a majority vote of the City Council, with the Mayor voting, as provided by law and City ordinances, may issue notes or debt certificates not in excess of the sum of One Million Dollars ($1,000,000.00) principal amount, to be executed by the Mayor and Clerk of Council for the retirement and payment of the deficit and current indebtedness of the City of Augusta, provided such issues shall be made on or before the first day of January next following the date of adoption and proclamation of an

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amendment to the Constitution of the State of Georgia allowing the issuance of said notes or debt certificates. Such notes or debt certificates so issued shall mature in Ten (10) annual equal amounts, beginning one year from date of issuance and maturing each year thereafter for a period of Ten (10) years. Said notes or debt certificates shall be issued and validated when authorized by a majority vote of the City Council of Augusta, with the Mayor voting, as provided by law and City ordinances, and the City Council is hereby authorized and empowered to fix the rate of interest, the date of issuance and all other details incident to the validation, issuance, negotiation and sale of said notes or debt certificates. Debt certificates. Section 3. This Act shall become effective when Article Seven, Section 7, Paragraph 1, of the Constitution of Georgia, as heretofore amended, shall be further amended by adding at the end thereof new paragraphs permitting The City Council of Augusta to make temporary loans between January 1st and December 31st of each year, up to Fifty (50) per cent., of the total gross receipts of the City of Augusta from ad valorem taxes in the preceding year; and permitting The City Council of Augusta to issue notes or debt certificates not in excess of the sum of one Million Dollars ($1,000,000.00) principal amount for the retirement and payment of the deficit and current indebtedness of the City of Augusta as of the first day of January next following the adoption and proclamation of said amendment. Effective on ratification of amendment to Constitution. Section 4. Be it further enacted by the authority aforesaid that all laws, or parts of laws, in conflict with the provisions of this Act be and the same are hereby repealed. Approved March 24, 1939.

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AUGUSTA ZONING EXCEPTIONS. No. 404. An Act to amend an Act approved August 27, 1931 (Acts 1931 Pages 686-691) entitled An Act to Amend the Act Creating a Charter for the City of Augusta, Approved January 31, 1798 and the Several Acts Amendatory Thereof, and for Other Purposes, so as to provide that the city council of Augusta may delegate to the city planning commission, power and authority to permit exceptions to and variations from the zoning regulations and to administer said zoning regulations in whole or in part, and for other purposes. Section 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 27, 1931 (Acts 1931, pages 686-691) entitled An Act to amend the Act creating a Charter for the City of Augusta approved January 31, 1798, and the several Acts amendatory thereof, and for other purposes, be, and the same is hereby amended by adding at the end of Section 13 of said Act, the following, to-wit: The City Council may authorize the City Planning Commission to administer the details of the application of any zoning regulation, and may delegate to such City Planning Commission, power to permit exceptions to and variations from the zoning regulations and to vary any provisions of the zoning ordinance in harmony with its general purpose and intent, so that the public health, safety and general welfare may be secured and substantial justice done, as well as to delegate to such City Planning Commission the administration of the zoning regulation as specified by Ordinance, such delegation of power by said City Council being either in whole or in part. Act of 1931 amended. Delegation of power to planning commission. 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.

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Whereas, the authority of the City Planning Commission has been questioned in a certiorari filed in the Superior Court of this County of a decision of such Commission in allowing the change in the use of a certain lot, and Resolution. Whereas, it is impossible for City Council to take up, discuss, and pass upon such questions, and such power has been conferred upon the City Planning Commission by Ordinance, and Whereas, a decision will not be obtained from the Courts on such question until after the adjournment of the Legislature of this State, making it impossible to change the Law creating the City Planning Commission until the 1941 Session of the General Assembly, and Whereas, it is advisable to have such question definitely disposed of through an amendment to the Act of the General Assembly of 1931 creating the City Planning Commission, Now, therefore, be it resolved by City Council, that the Legislative delegation from this County, and the Senator from the Eighteenth Senatorial District, be, and they are requested to pass an amendment to the Act creating the City Planning Commission of 1931 so as to give such Commission full authority and power to determine and vary the application of use district regulations as provided by Ordinance now in force in this City. Approved March 24, 1939. BARNESVILLE ZONING AND PLANNING. No. 306. An Act to amend the Act providing a charter for the City of Barnesville and prescribing the jurisdiction and

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powers and duties of the governing officials of said city, and all Acts amendatory thereof, by vesting the mayor and council with the authority to pass zoning and planning laws for said city and to enforce the same; 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 or Acts creating and establishing a charter for the City of Barnesville, and prescribing the jurisdiction, powers and duties of the governing officials of said city, together with all Acts amendatory thereof, be and the same are hereby amended by adding the following provision, to-wit: The mayor and council of the City of Barnesville, or such other governing authority or authorities thereof as may hereafter be constituted, shall, in addition to any and all other powers or duties now vested in them, have the power and authority to pass and enforce zoning and planning laws or ordinances with respect to said city, and shall have power to prescribe and regulate the use for which such zones or districts, as may be set apart, fixed or 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 laws, ordinances, rules or regulations with respect thereto as the general welfare, public health, or public safety shall authorize or demand. Zoning. Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1939. BAXLEY CITY AUTHORITY. No. 175. An Act to amend an Act approved August 21, 1911, creating and establishing a new charter for the City

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of Baxley, as variously amended, by creating for said City of Baxley a City Authority; to define the powers of said City Authority and prescribe its members; to authorize said City Authority to construct, reconstruct, operate and maintain self-liquidating projects embracing water works, sewage systems, disposal plants and other relating facilities; to authorize the issuance of revenue bonds of the City Authority, payable solely from earnings and revenues, to pay the cost of such projects; providing for the collection and pledging of revenues and other charges for the sale of such bonds and for the cost of maintenance, operation and repair of the projects; to authorize the execution of trust indentures to secure the payment of such bonds and defining the rights of the holders thereof; to provide that no debt of the City of Baxley shall be incurred in the exercise of any of the powers granted by this Act and authorized by this Act; making such bonds legal investments and free of taxation, providing for condemnation by said City Authority; authorizing the issuance of revenue refunding bonds; fixing the venue or jurisdiction of actions relating to the provisions of this Act and the time within which such actions must be brought; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act of the General Assembly of Georgia, approved August 21, 1911, entitled An Act to create and establish a new charter for the city of Baxley; to declare the rights, powers and privileges of said corporation; to provide for a mayor and council and for other officers for same, and for other purposes, as variously amended, be and the same is hereby further amended as follows: Act of 1911 amended. Section 2. There is hereby created for the City of Baxley a City Authority of the City of Baxley, which is hereby constituted a body corporate and politic and by

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that name and in that style is authorized and empowered to contract and be contracted with, sue and be sued, plead and be impleaded, and complain and defend in all courts of law and equity. Said City Authority shall be and the same is hereby constituted a governmental instrumentality of the City of Baxley and made a public corporation of the State of Georgia. The said City Authority shall consist of three (3) members to be appointed by the Mayor of the City of Baxley, each of whom shall be a resident of the City of Baxley at the time of his appointment. The original appointments shall be made in such manner that the term of one member shall expire on January 1, 1940, the term of another member shall expire on January 1, 1941, and the term of the remaining member shall expire on January 1, 1942. Their successors shall be appointed for terms of four years from the dates of expiration of their respective terms of office, except that any person appointed to fill a vacancy shall serve only for the unexpired term, and any member of the Authority shall be eligible for reappointment. Immediately after such appointments, the members of the Authority shall enter upon their duties. The Authority shall elect one of its members as Chairman and another as Vice Chairman and shall also elect a Secretary and Treasurer who may not necessarily be a member of the Authority. Two members of the Authority shall constitute a quorum. No vacancy in the Authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the Authority. The members of the Authority shall not be entitled to compensation for their services but shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The Authority shall make necessary rules and regulations for its own government. The Authority may delegate to one or more of its members, or to its officers, agents and employees such powers and duties as it may deem proper. City Authority. Organization. Officers. Quorum. No compensation. Section 3. Definitions.

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As used in this Act, the following words and terms shall have the following meanings: Definitions. (a) The word Authority shall mean the City Authority created by Section 2 of this Act. (b) The word project shall be deemed to include the following revenue-producing undertakings or any combination of two or more of such undertakings, whether now existing or hereafter acquired or constructed: Systems, plants, works, instrumentalities, and properties: (i) used or useful in connection with the obtaining of a water supply and the conversation, treatment and disposal of water for public and private uses (ii) used or useful in connection with the collection, treatment and disposal of sewage, waste and storm water; together with all parts of any such undertaking and all appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, dams, reservoirs, generating stations, sewage disposal plants, intercepting sewers, trunk connecting and other sewer and water mains, filtration works, pumping stations, and equipment. (c) The term cost of the project shall embrace the cost of construction, the cost of all lands, properties, rights, easements and franchises acquired, the cost of all machinery and equipment, financing charges, interest prior to and during construction, and for one year after completion of construction, cost of engineering, architectural and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expense, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense heretofore incurred for any of the foregoing purposes

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shall be regarded as a part of the cost of the project and shall be paid or reimbursed out of the proceeds of revenue bonds issued under the provisions of this Act for such project. (d) Any project shall be deemed self-liquidating if, in the judgment of the Authority, the revenues and earnings thereof will be sufficient to pay the cost of maintaining, repairing and operating the project and to pay the principal and interest of revenue bonds which may be issued for the cost of such project. Section 4. Powers of Authority. The Authority shall have power: Powers. (1) to have a seal and alter the same at pleasure; (2) to acquire, hold and dispose of personal property for its corporation purposes; (3) to acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with and subject to the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights or easements therein or franchises necessary or convenient for its corporate purposes; and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceeding as may be just to the Authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Act upon which

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any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem such lien or encumbrance in full; and if the Authority shall deem it expedient to construct or reconstruct any project on lands the title to which shall then be in the City of Baxley, the Mayor is hereby authorized to convey, for and in behalf of the City, title to such lands to the Authority upon payment to the City Treasurer the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the Mayor and the Chairman of the Authority; (4) to appoint and select officers, agents and employees, including engineering, architectural and construction experts and attorneys, and fix their compensation; (5) to make contracts, and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and any and all departments or agencies of the State are hereby authorized to enter into leases or agreements with the Authority upon such terms and for such purposes as they deem advisable; (6) to construct, reconstruct, erect, acquire, own repair, add to, remodel, maintain, extend, improve, equip, operate and manage self-liquidating projects, as hereinabove defined, to be located on property owned by the Authority, the cost of any such project to be paid solely from the proceeds of revenue bonds of the Authority or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof; (7) to accept loans and/or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, including the Reconstruction Finance Corporation, upon such terms

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and conditions as the United States of America or such agency or instrumentality, including the Reconstruction Finance Corporation, may impose; (8) to borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from earnings of such projects, and to provide for the payment of the same and for the rights of the holders thereof; (9) to exercise any power usually possessed by private corporations performing similar functions, which is in conflict with the constitution and laws of this State; and (10) to do all things necessary or convenient to carry out the powers expressly given in this Act. Section 5. Revenue Bonds. The Authority shall have power and is hereby authorized at one time or from time to time to provide by resolution for the issuance of negotiable revenue bonds of the Authority for the purpose of paying all or any part of the cost as hereinabove defined of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding six per centum per annum, payable semi-annually, shall mature at such time or times not exceeding thirty years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution provision for the issuance of the bonds. The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal

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and interest thereof, which may be at any bank or trust company within or without the State. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupons shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the Chairman of the Authority and the official seal of the Authority shall be affixed thereto and attested by the Secretary-Treasurer of the Authority and any coupons attached thereto shall bear the facsimile signature of the Chairman of the Authority. Any coupon may bear the facsimile signature of such person and any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such bond shall be duly authorized or hold the proper office, although at the date of such bond such persons may not have been so authorized or shall not have held such office. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments law of the State. Such bonds and the income thereof shall be exempt from all taxation within the State. The bonds may be issued in coupon or in registered form, or both, as the Authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the Authority, but no such sale shall be made at a price so low as to require the payment of interest on the money received therefor at more than six per centum per annum, computed with relation to the absolute maturity of the bonds in accordance with standard tables of bond values excluding,

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however, from such computation the amount of any premium to be paid on redemption of any bond prior to maturity. The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects, and shall be disbursed upon requisition or order of the Chairman of the Authority under such restrictions, if any, as the resolution authorizing the issuance of the bonds or the trust indenture hereinafter mentioned may provide. If the proceeds of such bonds, by error of calculation or otherwise, shall be less than the cost of the project or projects, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of such deficit, which unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into the fund hereinafter provided for the payment of principal and interest of such bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter. The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by this Act. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of paying the cost of any one or more projects. Any resolution providing

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for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of its members. Revenue bonds. Tax exempt. Use of proceeds. Additional bonds. Temporary bonds. Section 6. Credit of City Not Pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the City of Baxley or a pledge of the faith and credit of the City, but such bonds shall be payable solely from the fund hereinafter provided therefor from earnings, and the issuance of such revenue bonds shall not directly or indirectly or contingently obligate the City to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. Neither the City nor the Authority shall be obligated to pay the principal of or the interest on such revenue bonds except from earnings of the project or projects for which they shall be issued. All such revenue bonds shall contain recitals on their face covering the foregoing provisions of this section. Bonds not obligation of city. Section 7. Trust Funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues and earnings, shall be deemed to be trust funds, to be held and applied solely as provided in this Act. The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds and the earnings and revenues to be received to any officer who or any agency, bank or trust company, which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as

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this Act and such resolution or trust indenture may provide. Trust funds. Section 8. Trust Indenture. In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign revenues and earnings to be received. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insurance of the project, and the custody, safeguarding and application of all moneys, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority and satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given by contractors and by any depositary of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depositary and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures

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securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project or projects affected by such indenture. Trust indenture. Section 9. Revenues and Earnings. The Authority is hereby authorized to fix and to revise from time to time fees, rentals and other charges for the use of each project and for the services and facilities furnished by the same and to charge and collect the same and to lease and to make contracts with any agency or Department of the State with respect to the use of any project or part thereof. Such rentals and other charges shall be so fixed and adjusted in respect of the aggregate thereof from the project or projects for which a single issue of revenue bonds is issued, as to provide a fund sufficient with other revenues of such project or projects, if any, to pay (a) the cost of maintaining, repairing and operating the project or projects, including reserves for extraordinary repairs and insurance, and other reserves required by the resolution or trust indenture, unless such cost shall be otherwise provided for, which cost shall be deemed to include the expenses incurred by the Authority on account of the project or projects for water, light, sewer and other services furnished by other facilities at such institution, and (b) the principal of the revenue bonds and the interest thereon as the same shall become due. The revenues and earnings derived from the project or projects for which a single issue of bonds is issued, except such part thereof as may be required to pay the cost of maintaining, repairing and operating the project or projects, and to provide such reserves therefor as may be provided for in the resolution authorizing

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the issuance of the revenue bonds or in the trust indenture, shall be set aside at such regular intervals as may be provided in such resolution or such trust identure in a sinking fund which is hereby pledged to, and charged with the payment of, (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the revenue bonds or of the trust indenture, any moneys in such sinking fund in excess of an amount equal to one year's interest on all revenue bonds then outstanding may be applied to the purchase or redemption of bonds. All revenue bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued. Fees, rentals, etc. Maintenance. Payment of principal and interest of bonds. Sinking fund. Redemption of bonds. It shall be the duty of the Authority to prescribe rules and regulations for the operation of each project constructed under the provisions of this Act, including rules and regulations to insure maximum occupancy of each such project, and to impose rentals and other charges for the use of the facilities furnished by such project and to collect the same from all persons served thereby or from those responsible for their support or their guardians, trustees, or other legal representatives. Operation of projects. Section 10. Remedies.

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Any holder of revenue bonds issued under the provisions of this Act, or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust identure, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the AUthority, or any officer thereof, including the fixing, charging, and collecting of revenues and other charges for the use of the project or projects. But no holder of any such bond shall have the right to compel any exercise of the taxing power of the City to pay any such bond or the interest thereon, or to enforce the payment thereof against any property of the City, nor shall any such bond constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City of Baxley. Rights of bondholders. In addition to the remedies afforded by this Section and otherwise by this Act, the holder of any such bonds shall be entitled to and may pursue all of the remedies afforded to holders of revenue certificates issued pursuant to the Act of the General Assembly of Georgia, approved March 31, 1937, and known as the Revenue Certificate Law. Section 11. Contributions. The Authority, in addition to the moneys which may be received from the sale of revenue bonds and from the collection of revenues and earnings derived under the provisions of this Act, shall have authority to accept from any Federal agency grants for or in aid of the construction of any project or for the payment of bonds, and

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to receive and accept contributions from any source of either money or property or other things of value to be held, used and applied only for the purposes for which such grants or contributions may be made. Contributions. Section 12. Revenue Refunding Bonds. The Authority is hereby authorized to provide by resolution for the issue of revenue refunding bonds of the Authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act in so far as the same may be applicable. Refunding bonds. Section 13. Legal Investment and Security for Deposits. The bonds are hereby made securities in which all public officers and bodies of this State and all municipalities and all municipal subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks and savings associations, including savings and loan associations, building and loan associations, investment companies and other persons carrying on a banking business, all administrators, guardians, executors, trustees and other fiduciaries and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the State may properly and legally invest funds including capital in their control or belonging to them. The bonds are also hereby made securities which may be deposited with and shall be received by all public officers and bodies of this State and all municipalities and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of this State is now or may hereafter be authorized. Legal investment.

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Section 14. Governmental Function. It is hereby found, determined and declared that the creation of the Authority and the carrying out of its corporate purpose is in all respects for the benefit of the people of the City of Baxley and is a public purpose and that the Authority will be performing an essential governmental function in the exercise of the power conferred upon it by this Act and the City of Baxley convenants with the holders of the bonds that the Authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession or supervision or upon its activities in the operation or maintenance of the buildings erected or acquired by it or any fees, rentals or other charges for the use of such buildings or other income received by the Authority and that the bonds of the Authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the said City of Baxley. Governmental function. Section 15. Validation of Revenue Bonds. All revenue bonds issued under this Act shall be validated in the Superior Court in the manner hereinafter set forth. Validation of bonds. Section 16. Notice to Solicitor-General or Attorney-General. When the City Authority, hereby created, desires to issue revenue bonds under the provisions of this Act, the Chairman and Secretary of the Authority shall within six months after the passage of the resolution authorizing such bonds notify the Solicitor-General of the Brunswick Judicial Circuit, in writing, of the fact that such resolution has been passed by the governing body and of the intention of said Authority to issue said bonds. The service of notice shall be personal upon the Solicitor-General and shall be accompanied by a certified copy of the resolution of the City Authority authorizing the bonds.

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In the event the Solicitor-General is absent from the circuit the notice shall be served in person upon the Attorney-General. Procedure. Section 17. Duty of Attorney-General or Solicitor-General to File Petition; Order of Court; Answer. Within twenty days from the date of service of notice, provided for in the preceding section, the Solicitor-General, or the Attorney-General, as the case may be, shall prepare and file in the office of the Clerk of the Superior Court of Appling County a petition directed to the Superior Court of said County in the name of the State and against the City Authority, setting forth service of such notice, the amount of bonds to be issued, for what purpose to be issued, what interest they are to bear, how much principal and interest is to be paid annually, when to be paid in full and the security to be pledged to the payment of said bonds; and shall obtain from the Judge of said court an order requiring the City Authority by its proper officers to show cause at such time and place either in term or chambers within twenty days from the filing of the petition, as the Judge may direct, why the bonds and the security for the payment thereof should not be confirmed and validated; which petition and order shall be served in the manner now provided by law for service of petitions upon counties, municipalities or political subdivisions; and to such petition the City Authority shall make sworn answer within the time prescribed herein. Section 18. Notice of Hearing. Prior to the hearing of said cause, the clerk of the Superior Court of Appling County shall publish in a newspaper at least twice before the hearing, a notice to the public that on the day specified in the order providing for the hearing of said cause that same will be heard.

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Section 19. Trial of Case; Parties; Judgment, Bill of Exceptions. Within the time prescribed in the order, the judge of the said Superior Court shall proceed to hear and determine all the questions of law and of fact in said cause, and shall render judgment thereon, and in the event his judgment shall be in favor of the issuance of said bonds, a judgment and order shall be entered to that effect, and any citizen of this State, resident of the City of Baxley, may become a party to said proceedings, and if dissatisfied with the judgment of the court confirming and validating the issuance of the bonds, and the security therefor, may except thereto within twenty days from the judgment, as in the case of injunctions, and upon the hearing in the Supreme Court such bill of exceptions shall be heard in accordance with the practice regulating the hearing of bills of exceptions in criminal cases. Section 20. Judgment Validating Forever Conclusive. In the event no bill of exceptions shall be filed within the time prescribed herein, or if filed the judgment shall be affirmed by the Supreme Court, the judgment of the Superior Court, so confirming and validating the issuance of said bonds and the security therefor, shall be forever conclusive upon the validity of said bonds and the security therefor against the City Authority and all persons whomsoever. Section 21. How Bonds Shall Be Stamped. Bonds, when issued under provision of this Act shall have stamped or written thereon, by the proper officers of the City Authority issuing the same, or their agents or servants, the words: Validated and confirmed by judgment of the Superior Court, specifying also the date when such judgment was rendered, and the court in which it was rendered, which shall be signed by the

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Clerk of the Superior Court in which the judgment was rendered, such entry shall be original evidence of the fact of such judgment and shall be received as original evidence in any court in this State. Bonds stamped. Section 22. Costs and Fee of Solicitor-General. By Whom Paid. The cost of said case shall be paid in any event by the City Authority, and in addition to costs it shall also pay the Solicitor-General the sum of twenty-five ($25.00) dollars for his entire services in such case. Costs and solicitor-general's fee. Section 23. Failure of Solicitor-General or Attorney-General to File Proceedings; Order of Court. In the event the Solicitor-General or the Attorney-General shall fail or refuse to present said petition within the time provided by this Act, it shall be competent for the City Authority to present such facts in writing to the Court, and to represent further that such failure has been without fault on the part of the City Authority. In such case it shall be the duty of the court, and he shall have power and authority to inquire into the facts and, upon being satisfied that such failure has not arisen from any fault or neglect on the part of such City Authority, to pass an order authorizing and directing the Solicitor-General or Attorney-General, as the case may be, to proceed within ten days to file the petition authorized by this Act, and thereafter the proceedings shall be heard in the same manner as would have been followed had such petition been duly and promptly filed in the first instance. Failure of solicitor-general to file proceedings. Where proceedings are had as provided in this section and a judgment validating such bonds and the security therefor is entered, the same shall be held and deemed to be as fully and completely validated to all intents and purposes as though the proceedings had been originally taken as provided in this Act, and in such event the

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judgment of validation shall be finally and completely conclusive in like manner as provided by Section 20 of this Act. Section 24. Powers Not Impaired. While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, and no other entity, departments, agency or authority will be created which will compete with the Authority to such an extent as to affect adversely the interests and rights of the holders of such bonds, nor will the City of Baxley itself so compete with the Authority. The provisions of this Act shall be for the benefit of the City of Baxley, the Authority and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. Bondholders protected. Section 25. Act Liberally Construed. This Act, being necessary for the welfare of a subdivision of the State and its inhabitants, shall be liberally construed to effect the purposes hereof. Construction. Section 26. Constitutional Construction. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Section 27. Alternative Method. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred

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by other laws, and shall not be regarded as in derogation of any powers now existing. Section 28. Repealing Clause. All laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved March 10, 1939. BAXLEY CITY AUTHORITYAMENDMENTS. No. 412. An Act to amend an Act approved March 10th, 1939, amendatory of an Act approved August 21, 1911, creating and establishing a new charter for the City of Baxley, by creating for said City of Baxley a City Authority, to define its powers, prescribe its members, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same that a certain Act, approved March 10th 1939, entitled an Act to amend an Act approved August 21, 1911, creating and establishing a new charter for the City of Baxley, as variously amended, by creating for the said City of Baxley a City Authority; to define the powers of said City Authority, and prescribe its members, and for other purposes, be and the same is hereby amended in the following particulars: Act of 1939 amended. By striking therefrom the word solely appearing in line 6 of subsection 6 of Section 4. Sec. 4, subsection 6. By striking from subsection a of Section 9 of the said Act the following language: For water, light, sewer and other services furnished by other facilities at such institution. Sec. 9, subsection a. By striking from the last paragraph of Section 9 of the said Act the following language: Including rules and

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regulations to insure maximum occupancy of each such property and to impose rentals and other charges for the use of the facilities furnished by such project and to collect the same from all persons served thereby or from those responsible for their support or guardians, trustees or other legal representatives. Sec. 9, last paragraph. By adding after the word is appearing in line 2 of subsection 9 of Section 4 of said Act the word not. Sec. 4, subsection 9. Section 2. Be it further enacted that all laws and parts of laws in conflict herewith, be and the same are hereby repealed. Approved March 24, 1939. BAXLEY WATERWORKSSALE OR LEASE. No. 62. An Act to amend an Act approved August 21, 1911, creating a new charter for the City of Baxley and all Acts amendatory thereto; to provide authority for the Mayor and Council to contract to sell or lease and to sell or lease said City's complete waterworks and sewerage plant, distribution line, equipment and all property connected therewith and to cease operation of the said utility, to grant to local public utilities franchises and use of streets and public places thereof; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Act creating a new charter for the City of Baxley, approved August 21, 1911, and all Acts amendatory thereto, be and the same are hereby amended by adding thereto the following provision: The Mayor and Council of Baxley are hereby authorized and empowered by ordinance to grant local public utility franchises and the use of the streets and public

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places therefor; to contract to sell or to lease and to sell or to lease, upon such terms and conditions as they may determine, the complete waterworks and sewerage plants and systems, distribution lines, and all equipment, apparatus, and property whatsoever, both real and personal, connected therewith and used as a part thereof, belonging to the said City, and to cease operation of such utility and to convey good and clear title thereto by deed of the City executed by its Mayor. Power to sell or lease. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 21, 1939. BELTON TAXES. No. 305. An Act to amend an Act approved October 2, 1879 (Georgia Laws 1878-1879, pages 266-268), being an Act incorporating the town of Belton, to provide that the Mayor and Councilmen of the town of Belton shall have the power to levy and collect a tax of not exceeding one per cent. upon all property, both real and personal, within the corporate limits of said town; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act approved October 2, 1879 (Georgia Laws 1878-1879, pages 266-268), being an Act incorporating the town of Belton, and all Acts amendatory thereof, be and the same are hereby amended by striking the words: three tenths of appearing in the second and third lines of Section 9 of said Act approved October 2, 1879, so that after being so amended said Section 9 of said Act shall read as follows: Act of 1878-1879 amended. Section 9. Be it further enacted, That said Mayor and Councilmen shall have power to levy and collect a tax of not exceeding one per cent, upon all property, both real

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and personal, within the corporate limits of said town. They shall also have power to require all persons within said corporate limits, who are subject to road duty under the laws of this State, to work on the streets of said town, or they may prescribe a commutation tax, which may be paid in lieu of work on the streets. Amount of tax. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1939. BOWDON REGISTRARS. No. 315. An Act to amend an Act approved August 11, 1924, (Georgia Laws 1924, p. 453) amending the Act creating the charter of the Town of Bowdon in Carroll County, by amending Section 3 of said Act so as to provide for the closing of the registration books of said town sixty days prior to an election; to create a Board of Registrars; to prescribe their powers and duties; to fix their compensation; 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 approved August 11, 1924 (Georgia Laws 1924, p. 453-456) amending the charter of the Town of Bowdon, be and the same is hereby amended by striking the word thirty in the 11th and 28th lines of said section, and inserting in lieu thereof in lines 11 and 28 the word sixty, so that when said section is so amended, the same shall read as follows: Act of 1924 amended. Section 3. Be it further enacted, That said recited Act creating a charter for the Town of Bowdon be and the same is hereby amended by adding immediately after Section 4, to be designated as Section 4 (a), the following:

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Section 4 (a). Be it further enacted, That in addition to the qualification of voters provided for in this charter that in all elections held in said town after the passage of this Act it shall be necessary for the voter to have registered at least sixty days prior to the election in which he desires to vote with the clerk of the Mayor and Council of said town, who is hereby designated as registrar for said purpose, on a registration book to be provided by the Mayor and Council of said town. Before any voter is permitted to sign said voters book it shall be the duty of said clerk of the Mayor and Council to see that he or she subscribes to the following oath: `I do swear that I have attained the age of twenty-one years; that I am a citizen of the United States; that I have resided in the State of Georgia for twelve months, in the County of Carroll for six months and have been a bona fide resident of the Town of Bowdon for thirty days; and that I have paid all taxes due by me to, and demanded of me by said Town of Bowdon. So Help me God.' It shall be the duty of said clerk, acting as registrar, to indicate after the name of each and every registrant his or her age, race, occupation and the date of registration. It shall be the duty of said registrar to close said registration book sixty days before any election held in said town and to make up a list of those registering as required herein and certify the same as being true list of those persons entitled to vote in said election and to furnish same to the election managers prior to the opening of the polls for such election. It shall be unlawful for any person to vote in any such election whose name does not appear on said registration list, as certified by said clerk. It shall be the duty of said registrar to keep open the registration book at all times when he is required to be in his office, up to the closing time of said book as herein provided for each election. Provided, that those once registered shall remain on registration list so long as they are entitled to vote as is now provided by said charter. Registration of voters. Oath of voters.

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Section 2. That there is hereby created for the Town of Bowdon a Board of Registrars which shall be composed of the Clerk of the Town of Bowdon and two other members to be selected and appointed by the Mayor and Council of the Town of Bowdon. One of said Board shall be a justice of the peace or a notary public and ex officio justice of the peace, residing within the limits of the Town of Bowdon. The members of the Board of Registrars so selected by the Mayor and Council shall hold their office for a term of two years. Board of Registrars. Section 3. That it shall be the duty of said Board of Registrars to prepare a list of qualified voters within fifteen days from the closing of the books of Registration as hereinbefore provided. No person's name shall be placed on said voters' list so prepared unless such person's name shall have appeared on the book of registration at least sixty days prior to the date of the election, and such person shall have paid all poll taxes six months prior to the election for which said voters' list is prepared. Immediately upon the completion of said list within said fifteen days, the said list shall be filed in the Clerk's office of the Town of Bowdon and shall be open to public inspection at any time during office hours. Each member of said Board shall be paid from the City Treasury the sum of five dollars ($5.00) for each voters' list prepared under the provisions of this Act. List of voters. Compensation of board members. Section 4. That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved March 24, 1939. BRUNSWICK CHARTER AMENDMENTS. No. 79. An Act to amend the charter of the City of Brunswick so as to require the payment of pensions to policemen, firemen, and other city employees upon their retirement;

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to provide for such retirement; to amend the present method of registration of voters and the keeping of the permanent registration books so as to make the same conform more closely to county registration; to repeal Section 4 of an Act approved August 13, 1929, entitled An Act to amend the charter of the City of Brunswick, Georgia; to confer certain additional powers therein named with respect to alleys and certain streets upon its city Commission; to preserve and protect the parks and squares of said City; and for other purposes; and to confer new and additional powers and authority upon the said City Commission with respect to the public parks and squares of the city and to establish certain streets and ways through 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 the charter of the City of Brunswick be so amended that, from and after the passage of this Act, it shall be mandatory upon the City Commission to provide for the granting and payment to members of the police department and fire department, who have served continuously for not less than twenty years in either of said respective departments, and to other city employees who have served as such for not less than thirty years continuously, of a pension payable monthly, upon the retirement of such officers and employees respectively, in the sum of fifty per cent. of the average salary of such employee for the last three years of such service. Pensions to policemen, firemen and other employees. Amount. Section 2. Be it further enacted by the authority aforesaid, that upon completion of the length of service named in Section 1 hereof respectively, and such officer or employee may be retired, either upon his own motion or by action of the City Manager. Retirement. Section 3. Be it further enacted by the authority aforesaid, that the present method of registration of voters and

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keeping the permanent voter's book is altered and amended to more nearly conform to the county registration as follows, to-wit: The Treasurer of the City of Brunswick is required to keep a book to be called the permanent qualification or voter's book, upon which all persons desiring to qualify as electors shall be required to qualify as required by the Constitution and laws of this State for the qualification of electors in a general State election. Said book shall contain on the first page thereof, or near the first page, the oath required to qualify an elector. A separate printed oath for each person, instead of the books named above, may be used for registration; said printed oaths to be so permanently kept so that the voter's name may be obtained therefrom for the list of registered voters. Signing one of said separate printed oaths shall be, in all respects, equivalent to signing in said voter's book. The oath to qualify an elector shall be as follows: I do swear, or affirm, that I am a citizen of the United States; that I am 21 years of age, or will be on the..... day of..... of this calendar year; that I have resided in this State for one year, and in this county and city for six months, immediately preceding the date of this oath, or will so have resided on the..... day of..... of this calendar year; that I have paid all poll taxes which I have had an opportunity of paying agreeably to law; that I possess the qualifications of an elector required by the Constitution; and that I am not disfranchised from voting by reason of any offense committed against the laws of the State. I further swear, or affirm, that I reside in the..... ward of the City of Brunswick, at number..... on..... street; my age is.....; my occupation...... The Treasurer of the City or any employee of the city authorized to receipt for taxes in the usual course of his employment, is empowered to take charge of the voter's book and to administer the oath required to qualify an elector. As many of said voter's books as may be deemed necessary may be opened, and one

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of said books shall be kept open for signatures at the treasurer's office at any and all times when his office is open for the payment of taxes or other business. The said Treasurer shall, in each year in which there is a general election for City Commissioners, close the voter's book for said election six months before the date of the election. Any person desiring to be registered as a voter may apply to the officer in charge of the voter's book and, after reading the oath required to qualify an elector, or having the same read to him, shall subscribe the same by signing his name in the voter's book, underneath the written or printed oath above described, or on some page following the one on which said oath is printed or written, or upon a separate printed oath; a memorandum or entry of the district or ward, giving the name of the street, and the number of the residence, if any, in which affiant lives, and the age and occupation, being first made by the officer in charge of the book, or by the affiant above the place of signature of the affiant. When affiant is not 21 years of age at the date of taking the oath, a similar entry or memorandum shall, in like manner, be made, showing the date in that year when he will reach 21; and when the affiant has not resided in the State one year or in the City six months at the date of taking the oath, a similar entry or memorandum shall be made, showing the date in that year when he will have resided in the State one year and in that year when he will have resided in the State one year and in the city six months. Upon the request of the applicant, the officer in charge of the voter's book shall read or repeat said oath distinctly to the applicant, and if the applicant cannot sign his name, the said officer shall sign it for him, the applicant making his mark thereto. The officer in charge of the voter's book shall in no instance permit a person to sign the voter's book or any separate printed oath unless such person shall have actually made the oath before him thereon contained. When the signature of any person is not clearly legible, the officer in charge of the voter's book shall, at the time the

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signature is made, write out the same in clearly legible letters opposite or under said signature. For the purpose of more easily identifying voters, the officers in charge of the voter's book shall note thereon, in connection with each signature, the race of the person signingthat is to say whether white or colored. The signatures so made in said voter's books shall be prima facie evidence that the person so signing swears, or affirms the truth of every material fact contained in said oath, and also of the said written memoranda or entries preceding his signature. No one shall be allowed to register for a general election unless he shall have paid all poll taxes due by him at least six months before the date of the election. The officer in charge of the voter's book shall allow no person to sign his name in the voter's book unless he is satisfied, at the time, that the poll taxes due by said voter are paid and that he is otherwise qualified. The elector who has qualified and has signed the voter's book shall not thereafter be required to register or further qualify, except as may be required by the board of registrars on notice to his. No person shall remain a qualified voter longer than he shall retain the qualification under which he registered; and no person shall be entitled to vote at any municipal election unless his name shall appear on the registration list. Voter's book. Oath of voters. Closing books. Registration. Poll tax. Section 4. Be it further enacted by the authority aforesaid, That Section Four of an Act entitled An Act to amend the charter of the City of Brunswick, Georgia; to confer certain additional powers therein named with respect to alleys and certain streets upon its city commission; to preserve and protect the parks and squares of said city; and for other purposes, approved August 13, 1929, is hereby repealed. Sec. 4 of Act of 1929 repealed. Section 5. Be it further enacted by the authority aforesaid, That the City of Brunswick shall not have the power or authority to convey, lease, sell, use or alienate any of the parks or squares of said city, either now existing or

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hereafter acquired, for any use, public or private, or for its own municipal use, except as hereinafter provided; and that said parks and squares of said City shall forever exist and be used for the benefit of the people for park purposes, and for no other purposes, except as hereinafter provided; and that no street shall traverse or be extended or pass through or exist in, on or through the following parks in said city, to-wit: Queens, Hanover, Kings, Hillsboro, Wright and Halifax Squares, and Magnolia, Orange and Palmetto Parks, as named upon the maps of said city, save and except Newcastle and Mansfield Streets as now traversing Queens Square, Newcastle and Prince Streets as now traversing Kings Square, Newcastle Street as now traversing Machen Square, Jekyl Square, Crispen Square, and St. Simon Square, Mansfield Street as now traversing Hillsboro Square, George Street as now traversing Wright Square, Prince Street as now traversing Halifax Square, and a street thirty feet wide extending from the East side of Newcastle Street to the west side of Richmond Street through the southern end of King Square, such street to be known as King Square Drive South, and streets thirty feet wide extending from the east side of Egmont Street to the west side of Carpenter Street through the southern end of Halifax Square and through the northern end of Halifax Square, to be known as Halifax Square Drive South and Halifax Square Drive North, respectively, and streets thirty feet wide extending from the east side of Egmont Street to the west side of Carpenter Street through the southern end of Wright Square and through the northern end of Wright Square, to be known as Wright Square Drive South and Wright Square Drive North, respectively, shall not come within the provisions of this Act. Regulation of park property. Section 6. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 23, 1939.

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CANTON SPECIAL TAXES. No. 282. An Act to amend an Act of the General Assembly of Georgia approved on July 26th, 1922, creating a new charter and municipal government for Town of Canton, Georgia to provide for occupation and business taxes and provide for collection and regulation of same in said municipality; 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 45 of the Act of the General Assembly of Georgia approved on July 26th, 1922, creating a new charter for town of Canton, Georgia be, and the same is hereby amended by striking from said section the following clause: Act of 1922 amended. Provided that said tax shall not exceed the sum of one hundred dollars per annum upon such person, firm or corporation. So as that when amended said section of said Act shall read as follows: Section 45. Be it further enacted that said mayor and council shall have power to assess and collect such special or occupation tax and license fee as they may deem proper upon each and every or any resident, business, trade, calling, profession, occupation, agency or establishment carried on within the corporate limits of said town. They may, also, regulate, license and tax by ordinance in such sums as they deem proper each itinerant, canvasser, agent or peddler who may be doing business in said town and may require such license to be had in advance; they shall have the same authority over all medicine vendors and persons giving theatrical or other like performances, exhibitions and circuses, and all amusements, carnivals, billiard and pool tables, skating rinks, public hacks and drays, automobiles for hire, sign painters, bill posters and all persons soliciting business of any kind within the limits

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of said town, and all other businesses, callings or vocations which are not exempt from license under the constitution and laws of Georgia. Said mayor and council may provide for punishment in the recorder's court of said town any person failing or refusing to pay any of these said taxes or license fees and may collect such sums due by execution as other taxes due said town are collected. Special taxes and license fees. Section 2. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved March 18, 1939. COLUMBUS MILL STRUCTURE OVER BRIDGE. No. 146. An Act relating to the erection and maintenance of a proposed mill structure over the east end of the Fourteenth Street Bridge over the Chattahoochee River in the City of Columbus, pursuant to deeds heretofore passed between the City of Columbus, the Commissioners of Commons of the City of Columbus and Muscogee Manufacturing Company on July 30, 1901; authorizing the City of Columbus to adopt ordinances relating to, and providing for, the erection and maintenance of said structure; and for other purposes. Whereas, the Muscogee Manufacturing Company is the owner in fee simple of a lot of the Commons land of the City of Columbus, Muscogee County, Georgia, particularly described as follows: Commencing at a point 30 feet west of the northwest corner of City Lot Number 35, and thence running south, always 30 feet west of City Lots Numbers 35 and 38, for a distance of 275 feet to a point which would be 25 feet north of the south line of City Lot No. 38 if projected west 30 feet, and thence west 235 feet,

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and thence in a northeasterly direction to a point 150 feet west of the beginning point, and thence east 150 feet to the beginning point, which lot of land was conveyed to the Muscogee Manufacturing Company by the Commissioners of Commons of the City of Columbus by conveyance dated July 30, 1901, recorded in the office of the Clerk of the Superior Court of Muscogee County, Georgia, in Deed Book 00, page 181, and which conveyance was ratified and confirmed by the General Assembly of Georgia in an Act approved November 16, 1901 (see Georgia Acts 1901, p. 357), and this lot of land lies north of the present Fourteenth Street Bridge across the Chattahoochee River; and, Tracts described. Whereas, the Muscogee Manufacturing Company is also the owner in fee simple of a part of Commons lands of the City of Columbus more particularly described as follows: Commencing at the northeast corner of Water Lot No. 1 of the City of Columbus, Georgia, on the west side of formerly Bay Street now Front Avenue, and thence running north 100 feet, and thence west 166 feet, and thence south 100 feet, and thence east 166 feet to the beginning point; subject, however, to the use by the City of Columbus for street and bridge purposes of part of said lot 29 feet wide, north and south, and more particularly described as commencing at a point 6 feet north of the north wall of Mill No. 2 of Muscogee Manufacturing Company on what would be a projection north of the west line of Front Avenue; thence running north 29 feet; thence west 166 feet; thence south 29 feet; thence east 166 feet to the beginning point, which strip of land for use for street and bridge purposes was conveyed by the Muscogee Manufacturing Company to the City of Columbus by deed dated July 30, 1901, recorded in the office of the Clerk of the Superior Court of Muscogee County, Georgia, in Deed Book 00, page 184, the consideration for which was the said deed of even date from the Commissioners of Commons of the City of Columbus to Muscogee Manufacturing Company; and,

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Whereas, in the said deed from the Muscogee Manufacturing Company to the City of Columbus, dated July 30, 1901, conveying the aforesaid strip of land 29 feet wide, north and south, as above described, and in the said deed from said Commissioners of Commons to Muscogee Manufacturing Company, dated July 30, 1901, it was provided that Muscogee Manufacturing Company should have the right to connect its then existing Mill No. 2 and other buildings on the south of the Fourteenth Street Bridge, or any future mill building or buildings erected on the lot of land south of the Fourteenth Street bridge, by such continuous subways, passageways, bridges, connections or structures, as it might construct, with any mill or buildings then or thereafter erected on the land north of the Fourteenth Street bridge conveyed as aforesaid, to the Muscogee Manufacturing Company by the Commissioners of Commons of the City of Columbus, which continuous subways, passageways, bridges, connections or structures might be built under, over or across said intervening land or over the top of any bridge on said intervening land, and which continuous subways, passageways, bridges, connections or structures might not injure, impair or interfere with the use of the Fourteenth Street bridge as a public bridge and highway; and Right to build connecting structure. Whereas, the Muscogee Manufacturing Company now desires to replace and rebuild its Mill No. 2 on the south of the Fourteenth Street bridge with a new structure, and to extend said structure over the top of the Fourteenth Street bridge so as to connect same with Mill No. 4 of the Muscogee Manufacturing Company; Now, therefore, be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That in order to make specific and effective the provisions of said deeds relating to the erection of a structure over said bridge, and in accordance with proposed

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plans of said Muscogee Manufacturing Company, the City of Columbus is hereby authorized to permit said Muscogee Manufacturing Company to construct a mill building over the east end of said Fourteenth Street Bridge so as to connect its existing Mill No. 4 on the north side of said bridge with the proposed new mill building to be erected in place of its Mill No. 2 on the south side of said bridge. Said structure over said bridge shall, in accordance with the plans of said company, be used for manufacturing purposes; shall be not more than three (3) stories in height; shall be constructed as to materials and workmanship in accordance with the building ordinances and regulations of the City of Columbus; the lowest part of the first story of said structure shall provide a vertical clearance of sixteen (16) feet above the floor level of said bridge, said vertical clearance at the west end of said structure to be not less than sixteen (16) feet and at the east end of said structure to be not less than seventeen (17) feet and six (6) inches; shall, from the east to the west end of said structure, not exceed one hundred and ten (110) feet in length; and the minimum horizontal clearance beyond the bridge, on each side, shall be three (3) feet. Provisions of deed made effective. Building regulations. Section 2. That in granting the specific permission for the erection and maintenance of said structure, the Commission of the City of Columbus shall adopt an ordinance pursuant to the method provided by the charter of said city, and the acceptance of the terms of said ordinance by Muscogee Manufacturing Company, in writing, addressed to said Commission of the City of Columbus and signed by the president and secretary of the company, shall constitute a valid and binding grant and authority to said company, its successors and assigns, to erect and maintain said structure over said bridge as hereinabove specified. Ordinance. Section 3. That in the erection and maintenance of said structure over said bridge, said company, its agents, employes and contractors, and its and their successors,

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assigns, heirs and representatives, shall be and remain subject to the police powers of said city, and shall also conform to the provisions of any ordinance or ordinances of said city, adopted from time to time, designated to hold said city, in its corporate or official capacity, and the officers, agents and employes of said city, harmless as against any claim or claims growing out of or connected with said erection or maintenance of said structure. The city may require of said company, its agents, employes and contractors, and its and their successors, assigns, heirs and representatives, to give and maintain such bond or bonds, or keep in force such policy or policies or liability insurance, as the city may deem necessary to the protection of the city and the public on account of any injuries, damages or expenses caused by or connected with the erection or maintenance of said structure over said bridge. Additional provisions. Section 4. That all laws or parts of laws in conflict herewith are hereby repealed. NOTICE OF LOCAL LEGISLATION CITY OF COLUMBUS, GEORGIA. Notice is hereby given that application will be made at the 1939 session of the General Assembly of Georgia for the passage of a bill entitled as follows: Notice of proposed legislation. An Act relating to the erection and maintenance of a proposed mill structure over the east end of the Fourteenth Street Bridge over the Chattahoochee River in the City of Columbus, pursuant to deeds heretofore passed between the City of Columbus, the Commissioners of Commons of the City of Columbus and Muscogee Manufacturing Company on July 30, 1901; authorizing the City of Columbus to adopt ordinances relating to, and providing for, the erection and maintenance of said structure; and for other purposes. This the 3rd day of January, 1939. WM. DE L. WORSLEY, City Attorney, City of Columbus, Georgia.

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GEORGIA, MUSCOGEE COUNTY. I, H. H. Hunter, Ordinary of said County, hereby certify that the foregoing notice of proposed legislation has been posted at the door of the court house in said county for thirty days prior to this date, beginning January 3, 1939. I further certify that said notice was published on January 3, 1939, in The Columbus Ledger, the newspaper published in said City of Columbus in which sheriff's sales for Muscogee County are advertised, and I attach hereto a copy of the paper containing such publication. Witness my official signature, with the seal of said Court affixed, this the 4th day of February, 1939. H. H. HUNTER, Ordinary, Muscogee County, Georgia. Approved March 7, 1939. COLUMBUSSALE OF MOTTS GREEN. No. 98. An Act to authorize the City of Columbus to sell and convey any part, parts or all of the tract of land in said city known as Motts Green, including the part of said tract on which is located the public municipal library; to authorize said city, under certain conditions, to close Mott Street and to sell and convey the land comprised in said street; to sell and convey a certain unopened fifty-foot right of way reserved across said Motts Green; to provide for the disposition of the funds to be derived from any such sale or sales; vesting the Commission of the City of Columbus with full authority and discretion, subject to certain specified limitations, in all matters connected with the purpose of this Act; providing, in case the present public library

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building is sold, for the erection or acquisition of another library building; providing for the selection of a site for such new library building; and for other purposes. Whereas, the Board of Commissioners of Commons of the City of Columbus, Georgia, at a meeting held on the 10th day of February, 1906, did dedicate and set aside for library and park purposes, for the use of the City of Columbus, that certain tract of land in said city known as Motts Green, reserving for a street a strip forty feet in width on the south side of said tract, and a right of way fifty feet wide from Fifteenth Street to the Chattahoochee River; and, Motts Green. Whereas, the City of Columbus erected on a portion of said tract of land a public municipal library building; and, Whereas, on account of the growth of said city and the extension of its corporate limits, said public library and site are now far removed from the center of population of said city, so that said tract of land is more suitable for other purposes than those of a library and park; Library location now unsuitable. Therefore, be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That said city, by and through the commission of the City of Columbus, acting under resolution to be adopted at a regular meeting, is hereby authorized to sell, at any time or times, any part, parts or all of said Motts Green, and to convey, by deed executed in the name of said city by its Mayor and City Clerk, fee simple title in and to any part, parts or all of said tract of land so sold; provided that no sale of all or any part of said Motts Green may be had unless and until the Board of Trustees of the Public Schools of the City of Columbus shall so recommend to the Commission of the City of Columbus, which recommendation must be in the form of a resolution

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adopted by a majority of said Board of Trustees and at a regular meeting thereof, and said resolution shall definitely describe the part or parts of said Motts Green so to be sold and the minimum price to be paid therefor. Authority to sell Motts Green. Section 2. That as the street reserved on the south side of said tract, now open from Broadway to the Chattahoochee River and known as Mott Street, serves the interests only of said tract of land used for library and park purposes and the interests of the property abutting the south side of said Mott Street, the Commission of the City of Columbus, with the consent of the owner of the property abutting the south side of said street, may, by resolution adopted at a regular meeting, close said Mott Street, and may also, with the consent of the owner of the property abutting the south side of said street, sell the land comprised within the limits of said street, executing, in the name of said city, by its Mayor and City Clerk, a deed conveying fee simple title thereto. Authority to close street. Section 3. That as the right of way fifty feet wide from Fifteenth Street to the river, reserved across said Motts Green has never been opened or used, the city in selling any part or all of Motts Green, is, in the manner set forth in Section 1 hereof, also authorized to sell and convey and make fee simple title to said strip of fifty feet so reserved as a right of way. Sale of reserved strip. Section 4. That the proceeds of the sale of any part of said Motts Green, or of said Motts Street and said fifty-foot right of way, shall be paid into the treasury of said city and shall be set aside and used for public library purposes or toward the acquisition of land to be used by said city for public park purposes; provided, that should the city sell that portion of Motts Green on which is erected the present library building, then the funds derived from the sale of that part of said tract shall be paid into the treasury of said city and be devoted only to the erection or acquirement of another building, with

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the necessary site, to be used by the city for public library purposes. Proceeds to be used for library purposes. Section 5. That it is the intention hereof that full discretion as to the sale of said Motts Green and said Mott Street and said fifty-foot right of way, subject to the limitations hereinabove expressed, and in all matters connected with the purpose hereof, is vested in the Commission of the City of Columbus. The resolution or resolutions to be adopted by said Commission and deed or deeds executed pursuant thereto may contain such building restrictions as said Commission deems to be to the public interest. The consideration for any conveyance or conveyances herein authorized shall be such as said Commission may deem proper, subject only to the limitation specified in Section 1 hereof. If the present library building be sold, the Commission is vested with full authority and discretion in the selection of a new site and the erection or acquisition of another library building, and may use for the site of said building any land heretofore or hereafter purchased by or donated to the city, including any land heretofore or hereafter acquired by the city for park, school or other purposes. Other provisions. Section 6. That all laws or parts of laws in conflict herewith are hereby repealed. Approved February 28, 1939. CONYERSDUTIES OF CLERK. No. 131. An Act to amend the several Acts heretofore passed, relating to the City of Conyers, in the County of Rockdale, so as to enlarge, increase and define the powers and duties of the Clerk of said City, and for other purposes.

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Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, that in addition to and cumulative to the powers and duties of the Clerk of Council of the City of Conyers, Georgia, now fixed and enumerated by law; He the said Clerk, shall receive the tax returns of Citizens of said City, prepare the tax digest, collect all taxes due said City, and issue, record and turn over to the proper officer for levy, executions for past due and unpaid taxes (in conformity to law); Collect all fines, licenses, license fees, and all other funds that may be due said City (provided, he is not expressly relieved from collection of fines, license fees and other funds, by the Mayor and Council), and immediately turn such taxes, fines, license fees and other funds so collected, over to the Treasurer of said City. Duties of city clerk. He shall do and perform such other duties and things as shall be required of him by the Mayor, or Mayor and Council, or by the laws of said City. Section 2. Be it further enacted by authority aforesaid that all laws or parts of laws in conflict herewith, be and the same are hereby repealed. Approved March 4, 1939. COOLIDGE ELECTIONS. No. 50. An Act to amend an Act incorporating the town of Coolidge in the County of Thomas, State of Georgia, approved December 10, 1901, and an amendment thereto approved July 29, 1914, so as to provide for a change in the date of the election of officers for said town of Coolidge and the holding of the election for same and fixing the date for the newly elected officers to take office, and for other purposes.

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Section 1. Be it enacted by the General Assembly of Georgia, that the Act approved July 29, 1914, be amended by striking Section Two (2) of said Act and substituting therefor the following: Act of 1914 amended. Sec. 2. That an election shall be held in said town on the 2nd Tuesday in December, 1939, for a Mayor and Six Councilmen and a Town Clerk to serve for a period of one year, which said elected officers shall take office at the first regular meeting time and place of the Mayor and Council to be held in January, 1940, and likewise for each succeeding year thereafter, which said officers shall hold office for a period of one year from such date, and until their successors are elected and qualified; said election to be held in said town under the supervision of the justice of the peace of the district, G. M., and of three freeholders resident in said town. The polls shall be opened by eight o'clock A. M. and closed at 5 o'clock P. M., standard time. No one shall be entitled to vote in said election, or in any municipal election in said town, unless he is a duly registered voter of said town; said election shall be conducted in all respects as elections for members of the General Assembly in this State, except that only two lists of voters and two tally sheets need be kept, except as herein provided. Election and terms of officers. Voting hours. 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 14, 1939. CORDELE CITY CHARTER. No. 36. An Act to repeal the present Charter of Cordele, approved August 15, 1922, as will be found on page 680, et seq., of the Acts of the General Assembly of 1922,

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together with all amendments thereto; to create and establish a new Charter for the City of Cordele; to provide for the effective date of the new Charter of Cordele; to provide for the procedure of placing into effect the New Charter of Cordele; to fix and define the corporate limits of the City of Cordele; to provide for a Commission form of government; to provide for the mode and manner of election of the members of the City Commission and their respective terms of office; to prescribe the rights, powers, government and jurisdiction of the City of Cordele; to provide for a City Manager, and prescribe the mode and manner of his election and term of office; to prescribe the powers and duties of said City Manager; to establish and maintain a Board of Education; to prescribe the mode and manner of election of the members of the Board of Education and their respective terms of office; to prescribe their powers and duties; to provide for a recall of any member of both the City Commission and Board of Education; to provide for a Board of Tax Assessors; to prescribe the mode and manner of election of the members of said Board; to provide for the method of arriving at the value of property; to provide for a system of waterworks; to provide for streets and sidewalks and paving of same; to provide for a Board of Health and hospital; to declare and define the police powers of said City; to establish a criminal court and define its jurisdiction and powers; to provide for the condemnation of private or public property for the use of said City, and to provide for the method of arriving at the value of such property and compensating the owners thereof; to maintain a public library; to provide for parks and playgrounds; to provide for taxation; to provide for the granting of licenses for all kinds of businesses, trades, callings or professions; to eliminate the collection of street taxes; to provide for filling vacancies on both the City Commission and

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Board of Education; to provide for a light and power plant; to issue bonds for any and all purposes under such restrictions as are provided by the State of Georgia laws; to provide for the qualification of voters in the City of Cordele; to own and operate municipal abattoir or slaughterhouse, and to control, regulate, or prohibit other abattoirs or slaughterhouses within the corporate or police limits of the City; to provide that no valid or existing ordinance, rules or regulations of the former corporation nor any contract or right made or acquired under the same shall not be affected by this Act; and to grant a charter to said City under the name and style of the City of Cordele, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same that from and after the passage of this Act, an Act entitled An Act to Repeal the Charter of the City of Cordele, approved August 15, 1922, and all Acts amendatory thereof, be and the same are hereby consolidated into and superseded by this Act. Consolidation of Acts. Section 2. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same that after ratification by the registered qualified voters of the City of Cordele in the County of Crisp, as will be further provided elsewhere in this Act, the same shall become effective and said City shall be incorporated. Its corporate limits shall embrace and include all the territory contained in the boundaries of lots of land Nos. 215, 216, 217, 232, 233, 234, and the West halves of lots of land Nos. 247, 248, and 249, and in addition thereto said City limits shall include all of that property hereinafter described, to-wit: Beginning at the Southeast corner of the West half of lot of land No. 249 in the 10th land district of Crisp County and running thence East a distance of 519 feet, thence running North along a line

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parallel with the East line of lots of land Nos. 249, 248 and 247 to the South boundary line of 8th Avenue, thence West along the South boundary line of said 8th Avenue to the City limits line as set out and specified under Section 2 on pages 681 and 682 of Georgia Laws of 1922; also all of that property lying within the following boundaries, to-wit: Beginning with the intersection of the East property line on 10th Street and the South line of the limits of the City of Cordele as set out and specified under Section 2 on pages 681 and 682 of Georgia Laws of 1922, and running South 970 feet, thence running due East to the East boundary line of the right of way of the Georgia Southern Florida Railroad, thence in a Northwesterly direction along the East boundary line of said railroad right of way to the limits of the City of Cordele as set out and defined in Section 2 on pages 681 and 682 of the Acts of 1922; also, beginning at the Northern boundary line of the limits of the City of Cordele as set out and defined under Section 2, pages 681 and 682 of Georgia Laws of 1922, and running along the West side of the right of way of the Georgia, Southern Florida Railroad, north, a distance of 788 feet, thence due West to the East bank of the run of Gum Creek; provided, that where Gum Creek touches Lots 215 and 216, the East bank of the run of said Creek shall form the boundary of the corporate limits of said City of Cordele. Territory. Section 3. Be it further enacted, That said defined territory is incorporated under the name and style of the City of Cordele, and the City of Cordele is hereby chartered and given all the privileges and benefits conferred on cities by the Constitution and Laws of Georgia, and by said name is established, may sue and be sued, contract and be contracted with, use a common seal, and is invested with all the rights, powers, privileges, title, property, easements or hereditaments now belonging to or in anywise appertaining to the City of Cordele, or to the City Commission of Cordele, as heretofore incorporated,

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shall be and are hereby vested in the City of Cordele, and the said City of Cordele shall be capable in law to purchase, hold, enjoy, receive, possess, and retain in perpetuity, lands, tenements or hereditaments of any kind whatsoever within and without the corporate limits of said city for corporate purposes, and to sell alien and convey, exchange or lease the same, or any part thereof. Corporate name and powers. Section 4. Be it further enacted, That the Municipal Government of the City of Cordele shall consist of five Commissioners, each of whom, except as hereinafter provided, shall hold office for and during the period of two years, beginning January 1, 1940, and a City Manager, and such other officers as may be appointed by said Commission. The said Commission shall meet in regular session twice in each month, and the time for holding such meeting shall be fixed by the Commission. Each Commissioner shall receive as compensation for his services the sum of $5. for attendance of each regular meeting of the Commission, and should a Commissioner fail to attend any regular meeting or meetings shall not receive any compensation for that meeting. The salary of the City Manager shall be fixed as hereinafter set out. Municipal government. Section 5. Be it further enacted, that after the petition hereinafter set out has been filed with the Clerk of said Commission, and after the ratification of this Act by the registered qualified voters of said City at an election to be held for that purpose, at the time and in the manner hereinafter set out, there shall be elected on the first Thursday in December, 1939, a Board of five Commissioners, two of whom shall serve for a term of one year and three for a term of two years, beginning January 1, 1940. Those elected for a term of one year shall serve until January 1, 1941, and their successors in office shall be elected for a term of two years at an election to be held on the first Wednesday in December, 1940, and every two

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years thereafter there shall be elected two Commissioners to fill the terms of those Commissioners expiring for that year. The three Commissioners elected at an election to be held on the first Thursday in December, 1939, shall hold office for a term of two years, and on the first Wednesday in December, and every two years thereafter, there shall be elected three Commissioners to fill the terms of the Commissioners expiring for that year. The elections herein provided for shall be under the management and control of a Justice of the Peace, and two freeholders, residents of said City, or three freeholders, residents of said City, which said Justice of the Peace and freeholders shall be selected by the Commission then in office for the first election, and thereafter appointed by the Commission. Said elections, together with all other elections held in said City for any purpose shall be held under the same rules and regulations as are prescribed by law for holding elections for members of the General Assembly of Georgia. All of the Commissioners, or any one of them elected as set out above shall be subject to recall, which shall be by a petition signed by at least one-fourth of the registered qualified voters of said City presented to the Clerk thereof. Said Clerk shall within ten days upon receipt of said petition call an election for the purpose of recalling said Commissioners, or any of them, which election shall be held under the same rules and regulations as are prescribed by law for holding elections for members of the General Assembly of Georgia, and the voters voting at said election who are desirous of voting for said recall, shall have plainly written or printed on their ballots: For Recall of.....Commissioner (s), and those desiring to vote against said recall shall have plainly written or printed on their ballots: Against Recall of.....Commissioner (s). If after said election it has been determined that those voting for the recall as aforesaid, constitute a majority of the registered qualified voters of said City, the Clerk shall within ten

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days call an election to be held for the purpose of electing a successor to the Commissioner or Commissioners recalled at said election, which election shall be advertised in the official gazette once a week for two weeks and which election shall be held not later than twenty days after the same has been called; but if it has been determined that the election for recall has failed, then said Commissioner or Commissioners shall continue to serve on said Board until their term or terms of office have expired. In all elections held under this Act for Commissioner or Commissioners of said City, every candidate must designate the incumbent commissioner said candidate chooses to oppose, and the ballots shall be so arranged as to enable the voters to clearly ascertain which candidate or candidates are running against which incumbent or incumbents. Election of commissioners. Recall. Candidates to designate opponents. Section 6. Be it further enacted, that the managers of elections in said city shall take before some office authorized to administer oaths, or to administer to each other, the following oath: I,.....do solemnly swear that I will faithfully perform the duties of manager of this election to the best of my ability, prevent fraudulent and illegal voting, without fear or favor, so help me God. That immediately after the polls are closed said managers shall count the ballots cast and after the ballots have been counted, the tally sheet and list of voters shall be certified in writing by said managers in the following language, to-wit: We do certify that the foregoing pages or sheets constitute the tally sheets (or list of voters, as the case may be) of an election for Commissioners, held by us this.....day of.....19....., and that they are an accurate and faithful record of the names and numbers of voters at said election. This.....day of.....19.....,.....manager,.....manager.....manager. The tally sheets and lists of voters shall then be sealed up together in an envelope,

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delivered to the Clerk of the City and filed of record in his office. The ballots shall likewise be sealed in an envelope, delivered to the Clerk and filed of record in his office. Election managers, etc. Section 7. Be it further enacted, That on the day next succeeding the first election hereunder the managers thereof shall file a written report of the result with the City Clerk showing the number of votes cast and whom cast. Upon the filing of said report the Commission, at their next regular meeting thereafter, shall declare the result of such election and such declaration shall be entered of record by the City Clerk on his minutes of said meeting. Record of election result. Section 8. Be it further enacted, That after thirty days from the day of said election, if no notice of contest has been given as to the result of said election, the Clerk aforesaid shall destroy the ballots. Should any person, except under an order of a court of competent jurisdiction, for any cause whatever, inspect either the tally sheets, list of voters or ballots of said election after they have been filed with the Clerk of the City aforesaid, he shall be liable to fine or imprisonment, or both, in the discretion of the criminal court of said city. Penalty for improper inspection of election records. Section 9. On January 1, 1940, the five commissioners, elected as hereinbefore provided, shall organize, after which of said Commissioners shall take and subscribe the following oath: I do solemnly swear that I will well and truly demean myself as a Commissioner of the City of Cordele for the ensuing term and that I will faithfully conduct the affairs of said city according to the charter and ordinances thereof to the best of my skill and ability without fear or favor, so help me God. Said Commission shall then elect a chairman and said chairman shall be the presiding officer of said Commission. A vice-chairman shall also be elected.

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It shall be the duty of the chairman to preside over all meetings of the Commission and as such shall sign all orders, minutes, rules, regulations and ordinances passed or enacted by said Commission. It shall be the duty of the vice-chairman to do and perform all things required of the chairman in his absence or when laboring under any disability. It shall be the duty of the secretary to keep correct minutes of all meetings of the Commission. Oath of commissioners. Section 10. Be it further enacted, That should a vacancy occur on the Commission by death, resignation or otherwise, a special election shall be held for filling such vacancy, and the person so elected shall serve only until the next regular election at which time, in addition to the Commissioner whose term will have expired, an additional Commissioner shall be elected to fill said unexpired term. Vacancy. Section 11. The City Commission thus elected and organized shall be a legislative and executive body. Said Commission shall pass all the ordinances for the government of the city, fix the tax rate, license fees, and do and perform all necessary work of a legislative character for the successful government of the city. Powers of Commission. 1. To protect and advance the morals of the city. 2. To secure peace, good order and quiet in said city. 3. To protect the health of said city, to prevent the spread of and to suppress infectious, contagious or dangerous diseases in said city. 4. To establish and maintain a pest house for the quarantine and treatment of such diseases, either in or outside of said city, and to pay the necessary expense of the same. 5. To own and regulate cemeteries. 6. To prescribe fire limits and character of buildings to be erected therein, and for the repair or improvement of buildings therein already erected.

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7. To regulate the character of buildings to be erected in said city, and to adopt and enforce buildings regulations, to condemn buildings which are or may become dangerous to life or health, and require the removal or repair of same. 8. To prevent or condemn encroachments or obstructions in, upon or over any sidewalk, street or alley and require the removal of such. 9. To elect three trustees for the management of the library of said city, who shall serve without compensation and to prescribe their duties. 10. To control and govern the market in said city. 11. To control and regulate any and all character of businesses, callings or professions in said city, to prescribe a license for each subdivision thereof, and enforce the collection of the same. 12. To establish, equip and maintain a fire department. 13. To have and exercise the powers of eminent domain so as to condemn and acquire private property, whether located in or out of said city, for public uses and purposes, or for the use and benefit of said city, or the light, water and sewerage department of said city, or the gas department thereof. 14. To prescribe and regulate the fees and charges of hack lines, dray lines, taxi-cab lines, parcel delivery and transfer companies, and all other similar transfer companies operating within said city, and regulate the operation of the same. 15. To prescribe a license for and regulate shows, lectures, or public entertainments of any kind. 16. To define and prohibit nuisances, and to prescribe the mode of trying all charges of nuisances, and to abate the same.

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17. To regulate or to prohibit butcher pens, slaughter-houses, pigpens and the like. 18. To prohibit and suppress houses where illegal or immoral or disorderly practices are had. 19. To define and punish idling and loitering on the streets or elsewhere in the city. 20. To prohibit blind tigers in said City, or the having in said, or the keeping therein for unlawful sale, any spirituous, malt, vinous or intoxicating liquors or beverages. 21. To provide and enforce regulations respecting plumbers, plumbing, drainage, sewerage or any matter of sanitation. 22. To require connection with sewerage by property owners whose property abuts on streets and alleys having sewer mains therein. 23. To adopt and enforce any ordinances deemed necessary by the commission to the good order, good government, health, decency, police or morality of said city. 24. To lay out and open new streets and alleys in said city. 25. To require the grading and paving of any sidewalk in said city, prescribe the character of material to be used, require payment for such grading and paving by the owner of the property abutting on such sidewalks, and in the event of failure or refusal, within such time as may be prescribed by ordinance, on the part of the owner of such property to so grade and pave the same and assess the cost thereof against the property of such abutting property, and enforce the collection of any assessment made to cover the cost thereof by the issue and levy of execution and the sale of said property to satisfy such

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execution in the same manner as provided for the enforcement of taxes. 26. To provide by ordinance and require the paving of any street, lane or alley of said city, and prescribe the material to be used for that purpose, and for the grading of such street, lane or alley, and the manner in which the paving shall be laid, and to provide for the payment thereof, and to this end said municipality shall apportion the cost of such paving and grading in such manner and amount as may seem equable and just to said commission between said city and the abutting property owners on each side of such street lane or alley, and the proportion or amount of the cost for the paving and grading herein provided for, as may be assessed against the abutting property, may be collected by the issuance and levy of fi. fa. and the sale of property in the same manner as taxes are collected. 27. To provide by ordinance for establishing the grade of the intersections of streets and alleys in said city as they now exist, or may be hereafter established, and to construct such intersections in accordance with such grade, and to provide for the paving of all intersections of streets and alleys, to prescribe the character of material to be used for such paving, the manner in which said paving shall be laid, and to apportion the cost of such paving and grading in such manner and amount as may seem equable and just to said commission between the city and the property owners in the several blocks adjacent to the intersections on such streets and alleys as are so graded and paved, and to collect the proportion or amount of the cost of so grading and paving the same, as may be assessed against said property owners and their said property, by the issuance and levy of fi. fas. and the sale of property in the same manner as provided for the collection of taxes.

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28. The assessments above provided to be made for grading and paving sidewalks, streets, alleys, and street intersectins, shall be made against all property abutting thereon, or situated in blocks adjacent to such intersections, whether owned by individuals, corporations, churches, or the County of Crisp, provided, however, that the enforcement of collection of the cost chargeable against Crisp County shall not be made by levy and sale of any property, but may be covered by a suit at law against said county. 29. Said city may provide by ordinance for the payment of these assessments in installments, and on such terms as may be prescribed. When payments are allowed in installments a lien shall arise and exist in favor of the city against the property of the persons, firms, or corporations owning the same from the date of the completion of the work until such installments are paid, and said debt and lien shall be evidenced by a statement thereof in writing entered of record in the office of the city manager. Said debt and lien may be transferred by said city, and when transferred, the holders thereof shall be subrogated to and enjoy all the rights of said city, including the right to foreclose and enforce such liens. Section 12. Be it further enacted, That immediately after organization, or as soon thereafter as possible, said commission shall elect a city manager and fix his salary, not to exceed the sum of three thousand dollars annually. Said manager need not be a resident of the city, nor of the State, and shall not be elected for any designated period of time, but solely by reason of his executive and administrative qualifications. The city manager shall be the chief executive of the city and may be removed by the commission at any time, said city manager holding his office at the will of the commission. During any suspension, removal, or disability of said manager, the commission shall designate some properly qualified person

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to perform the duties of the office until a new manager is elected. The commission shall also elect a judge of the criminal court, a city attorney, a city physician and also fix salaries for same. The commission shall elect a board of health consisting of eight members, two being elected from each ward, their duties to be defined by the proper ordinances and the city physician shall be an ex-officio member of the board of health. City manager. Other appointees. Section 13. The City Manager shall be responsible to the commission for the proper administration of all the affairs of the city and shall enter into a good and sufficient bond of not less than twenty-five thousand dollars, payable to the City of Cordele and conditioned for the faithful discharge of his duties as city manager and for the faithful accounting thereto of all property, money and effects belonging to the city that may come into his hands or under his control. The commission shall require from each of its employees handling any money or having custody or control of any personal property of the city a like bond in such amount as they shall deem proper. The premiums on the bonds required by this paragraph shall be paid by the city out of the general funds. Said city manager shall take and prescribe the following oath: I,..... do solemnly swear that I will faithfully perform all of the duties as are incumbent upon me as manager of the City of Cordele to the best of my ability, so help me God. Bond of city manager. Other bonds. Premiums. Oath of city manager. Section 14. Be it further enacted, That the City Commission shall appoint all city officers as may be necessary for the proper administration of the affairs of the City: (a) They shall appoint a City Clerk and Treasurer of said City. Appointment of officers. (b) They shall appoint a Chief of Police, and other such members of the Police force as will, in their judgment, be necessary, both regular and special.

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(c) They shall appoint a Chief of the Fire Department, and such other members of the Fire Department as may, in their judgment, be necessary, both regular and special. (d) They shall appoint a Street Superintendent, and all other officers, subordinates and employees, as, in their judgment, may be necessary for the proper administration of the City Government. (e) They may appoint a Sanitary Inspector, Auditor, and Superintendent of Water Works. (f) It shall be their duty to enforce all ordinances, rules and regulations passed by the Commission through agents, officers or employees of the Commission. Additional duties. (g) They shall fix the salaries of employees of the City appointed by them, and shall have the right to discharge or suspend any such employee of the City, when, in their judgment, the best interest of the City requires it. (h) The Commission shall be in complete charge of all purchases for the City and shall buy supplies of every sort, kind and character used in the City's business: Provided, that the powers and duties herein conferred shall not extend to the purchase of supplies used in and for the Public Schools of said City. (i) The Commission shall make all contracts for city lights, street work, sewerage, sanitary work, gas light, paving, or in any other needful thing to be done for or in behalf of the city. (k) The Commission may employ a suitable engineer to make surveys, estimates, or lay out and construct any work or enterprise for the city. (l) The City Manager shall keep an office in the city hall and his office shall be open during business hours every day, except Sundays and legal holidays, and shall employ in said city such force as may be necessary in his

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judgment to properly handle the business of the city, with the approval of the Commission: Office of city manager. Section 15. Be it further enacted, That any person who has resided in the City of Cordele six months and is a qualified voter under the Constitution and laws of this State, and who will have registered his name in the registration book hereinafter provided for, shall be a qualified voter in the City of Cordele. Qualified voters. Section 16. Be it further enacted, That immediately after this Act becomes effective, the clerk of said City of Cordele shall open a book to be designated as the Voters Book, for the City of Cordele, containing on the first page thereof the following oath, to-wit: I do swear or affirm, that I am a citizen of the United States, that I am 21 years of age, or will be on the..... day of.....of this calendar year; that I have resided in this State for one year, and within the corporate limits in the City of Cordele for six months immediately preceding the date of this oath, or will have so resided on the.....day of.....this calendar year; I have paid all taxes which, since the adoption of the Constitution of 1877, have been required of me, State, county and municipal, except taxes for this year; that I possess the qualifications of electors required by the Constitutional amendment adopted in 1908; that I am not disqualified from voting by reason of any offense committed against the laws of this State; I further swear that I reside at.....street in the City of Cordele; my age is.....years; my occupation is..... Voters Book. Oath. Section 17. Be it further enacted, That the City Clerk of Cordele shall always keep such registration open for signature, at his office, at any and all times when his office is opened for the payment of taxes, or the transaction of other business; provided that ten days before any general or special election held in said city, the registration books shall be closed for the purpose of purging

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the registration list, and preparing a certified list of the qualified voters to participate in any such elections to be furnished to the election managers; and said registration shall be re-opened on the day next following any such election. Closing of books. Section 18. Be it further enacted, any person desiring to register as a voter may apply to the clerk of the City of Cordele, or his deputy, as above described, and after reading said oath, or having same read to him, shall evidence the same by signing his name in said voters book underneath the written or printed oath above described, or on the same page following the page on which the oath is written or printed. A memorandum or entry of the voter's name, his number or place of residence, his age and occupation, shall be made by the officer in charge of said book. When the applicant is not 21 years of age at the date of taking the oath, a similar entry or memorandum shall be likewise made showing the date in that year when he shall have reached the age of 21 and when the applicant has not resided in the State one year or in the city six months at the date of taking said oath a similar entry or memorandum shall be made showing the date in that year when he shall have resided in the State one year and in the City of Cordele six months. Registration. Section 19. Be it further enacted, That upon request of the applicant, the officer in charge of the voter's book shall read or repeat such oath before signing his name, and if applicant cannot sign his name said officer shall sign it for him, the applicant making his mark thereto. Signatures as are made in said voters book shall be prima facie evidence that the person so signing his name swears or affirms the truth of every material fact contained in said oath; also said written memorandum or entry preceding his signature. Section 20. Said clerk, or his deputy, shall not allow any person to sign his name in the voter's book unless

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he states at the time that all taxes due by said voter are paid. Section 21. Be it further enacted, That any contest of election shall be instituted before and be heard and determined by the Ordinary of Crisp County, who shall assess the cost of such hearing against the unsuccessful party to the cause. Contested elections. Section 22. Be it further enacted, That the chairman of the Commission and two Commissioners shall constitute a quorum for the transaction of any and all business, whether legislative or judicial, except in the selection of a City Manager, and for this purpose the entire board of five Commissioners shall participate, but a majority shall be sufficient for the selection of said city manager, and provided further that when only three members of the Commission are present, it shall require the unanimous vote of all three members to pass any ordinance or resolution. Quorum of commission. Section 23. Be it further enacted, That said Commission may require the said City Manager to come before them at any time and answer questions either orally or in writing, and may require from said City Manager, at any time they see fit, written reports upon any matter involving the city that they deem proper, and said city manager shall make monthly reports to said commission of his general actions and doings and shall quarterly file full and complete reports of the various departments of the city, including a full financial statement. Reports of city manager. Section 24. Be it further enacted, That the Commission shall have power and authority to punish either by fine, censure or imprisonment, not exceeding five days, or expulsion from office, the chairman or any member of the Commission for neglect of duty, absence without satisfactory excuse from two or more successive meetings of the Commission, for disorderly conduct, at a regular

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meeting of the board, the chairman, or the chairman pro tem, if presiding, shall have authority to summon and require the attendance of all the Commissioners who are not providentially detained from such meetings, or who have not been previously excused from attendance, and to this end may issue warrants of arrest and cause any policeman of said city to execute the same and may adjourn said meeting from time to time until a quorum can be obtained. Publishment of commissioners for neglect of duty. Section 25. Be it further enacted, That said Commission shall have power to pass such ordinances, by-laws, rules, and regulations as may, in their discretion, be necessary to carry out the purpose of this Act, not in conflict with the provisions hereof or of the Constitution or the laws of the State of Georgia, and to provide punishment for their violation. They shall have general and exclusive jurisdiction over the streets, alleys, by-ways, sidewalks, commons, and public squares of the city, and may provide against obstructions and nuisances thereupon. They may lay such drains and gutters therein as are necessary, and proper means for keeping the corporate limits of the city or the limits of its police jurisdiction free from garbage and filth of all kinds. They shall have the power to summarily abate all nuisances, whenever, in their judgment, such nuisances are injurious to the health, comfort or convenience of the inhabitants of said city, either with or without complaint against nuisances. They may regulate the running of locomotives or cars, whether run by steam, electricity or other power. They may provide against obstructions in the street, alleys, or sidewalks therein, and may prevent the placing thereon of any grass, stones, sticks, fruits, vegetables, or anything calculated to cause inconvenience to individuals, or to make such streets, alleys, or sidewalks unclean or unsightly. They may make such regulations as they may deem proper relative to the keeping, storage, or sale of gun powder and explosives, of inflammable oils, chemicals

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or powders in said city. They may prohibit the commission of nuisances in said city and provide punishment therefor. Ordinances and regulations. Section 26. Be it further enacted, That said Commission shall have the right to establish a guardhouse and chaingang in said city, provide for the confinement of prisoners therein during the hours they are not engaged in labor; provide for their maintenance during the period of their imprisonment; employ guards and convict bosses and generally to provide for the control and proper government of said convicts. The employees of said city in charge of said convicts shall have the right to administer such reasonable discipline to such convicts as may be necessary to enforce proper obedience to the rules and regulations which may be established. Guardhouse and chaingang. Section 27. Be it further enacted, That the Commission of said city shall have full power and authority to license, regulate, and control by ordinance all taverns, hotels, boarding houses, cafes, restaurants, saloons for the sale of creams, ices, etc.; livery stables, feed stables, sales stables, and lots, hacks, drays and other vehicles; auctioneers, vendor masters, itinerant trades, theatres, and theatrical performances; dummy or street railroads, oil mills, ice works, laundries, waterworks, shows, circuses and exhibitions of all kinds; itinerant lightning rod dealers; immigrant agents, book agents, peddlers of clocks, peddlers of stoves, machines or any articles of goods, wares, merchandise or other things; pool and bagatelle tables kept for public play; every keeper of shooting galleries, tenpin alleys, upon the keeper of any table device, stand or place for the performance of any game of play, whether played with sticks, balls or rings, or other contrivances; upon flying horses, or other contrivances, bicycles, velocipedes, skating rinks or bucket shops; insurance agents, life, fire, accident or other insurance companies; loan agents for any and all kinds of business;

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banks and bankers; brokers and commission merchants of all kinds; dealers in furniture; keepers of slaughterhouses and beef markets, green grocers; dealers in fish and oysters; vegetables; fruits, breads, and any other articles of food; contractors and builders, and all mechanics or artists; barber shops, junk shops, pawnbrokers, and all and every other establishments, businesses, callings or trades, or avocations not heretofore mentioned and which, under the Constitution and laws of Georgia are subject to license or specific tax. License and regulation of trades, etc. Section 28. Be it further enacted, That the Commission of said city may demand payment of any and all kinds of licenses or specific taxes authorized by this Act, or by the laws of Georgia, in the amount fixed by ordinance, as a condition precedent to beginning or continuing in any business in said city for which a license is required. Should any person engage or continue in any business, trade, professional calling, for which a specific tax or license is required by said city ordinance, and shall fail or refuse to pay the same on demand of the proper authorities of said city, shall be liable to prosecution in the criminal court of said city and may be fined in the sum double the amount of the tax or license fee required, or imprisoned in the common guardhouse of said city, not exceeding thirty days in the discretion of the court. The provisions of this section shall apply to all persons whether natural or artificial. Business licenses. Section 29. Be it further enacted, That the Commission of said city shall have power and authority to make and establish by ordinance a fiscal year from which and to which all licenses shall date. Should any person apply for a license for any business in said city for which a license is required at any time after the fiscal year has begun, the Commission shall have authority to require from such person the same amount as required for license for full year, and in no case shall the Commission be

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compelled to prorate the amount of license for a term less than a full year, provided, that no change in the fiscal year shall operate to the injury of any person who has once paid the amount of license required of them. Fiscal year for licenses. Section 30. Be it further enacted, That said Commission shall have power and authority to enforce by execution the collection of any debt or claim due to said city for taxes, licenses, rents, impounding fees, fine or 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 Commission against the property, person, corporation or firm, against which or upon whom any such debt or demand is owing. Such execution shall be directed to all and singular the Marshal, Chief of Police, and policemen of the City of Cordele, who are authorized the levy the same against which it is issued, or upon the property of the person against whom such execution shall issue, and the same shall be sold by the Marshal or Chief of Police at public outcry under the laws for sheriff's sales to the highest bidder before the door of the council chamber, or at such place as the commission shall determine, notice of which place shall be stated in the advertisement of the sale of such property; if such 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 sale; if the property levied upon is real estate, he shall advertise the same once a week for four weeks in the newspaper wherein the sheriff's sales are advertised, or in some other newspaper published in the City of Cordele before selling the same; all sales as above provided shall be at public outcry to the highest bidder and for cash. Said Marshal or Chief of Police shall execute title to the purchaser and shall have the same power to place

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the purchaser in possession as the sheriffs of the State have. Executions. Section 31. Be it further enacted, That when any execution shall issue and be levied, as provided in the preceding section, claims of illegality may be interposed under the same rules and regulations as are now provided by law for claims of illegality under tax fi. fas. or other fi. fas. issuing from the various courts of this State. Such claims of illegality to be returned to and heard in the Superior Court of Crisp County or to the Justice Court of the 1451st District, G. M. of said County, according as to the jurisdiction thereof may be. Claims of illegality. Section 32. Be it further enacted, That the commissioners of the City of Cordele or a majority of them shall appoint between the first and fifteenth of January of each year three upright, discreet and intelligent persons, who shall be citizens of said city as tax assessors, who shall hold office for one year or until their successors are elected and qualified. Said tax assessors shall not be elected from among the members of the city commissioners and should any vacancy occur in said board of assessors by death, resignation, removal or refuse to serve, such vacancy shall be immediately filled by said Commissioners of the City of Cordele or a majority of them. Before entering upon the duties of the office each assessor shall take and subscribe the following oath: I do solemnly swear that I will faithfully perform the duties of tax assessors of the City of Cordele and will make a just and true valuation of all property therein, subject to taxation according to the fair market value thereof, so help me God. Tax assessors. Section 33. Be it further enacted, That the City Tax Assessors may, during the progress of their investigations, hear such evidence as to the value of the property of said city as they may deem advisable, and to this end may compel the attendance of witnesses, or the production of documents as now provided by the laws of Georgia.

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If any person is dissatisfied with the valuation of the property as fixed by the assessors he shall have the right of appeal to a board of arbitrators and he may within ten days of receiving the notice of assessment, in case of resident of the city, and in case of non-resident, twenty days, give notice to said board, demanding an arbitration, giving the name of his arbitrator and the board of assessors shall name its arbitrators within three days thereafter, and the two arbitrators shall select a third arbitrator and the decision of the said board of arbitrators shall be final. Said arbitrators shall be bona fide tax payers and voters of said City of Cordele and must render their decision within ten days after the naming by the board of assessors of its arbitrator; also a decision of the board shall stand affirmed and shall be binding in the premises. Said arbitrators shall receive for their services the sum of two dollars per day while actually engaged in the discharge of their duties, which amount shall be taxed against the party losing in the arbitration, and in the event of a compromise by said arbitrators, said cost shall be taxed one half against each party. Board of arbitrators. Section 34. Be it further enacted, That immediately after the report of tax assessors is filed with the city manager it shall be the duty of the city manager to serve a written or printed notice on every person for the value of whose property, as returned for taxation has been raised by the assessors, advising such person of the assessors action and specifying the property, the valuation of which has been increased. Notice of increased assessment. Section 35. Be it further enacted, That said commission shall have power and authority to levy and collect annually a tax not exceeding two per centum upon all and species of property, real or personal, or of any kind, within the limits of said city, including bonds, notes, debts, choses in action, money employed in banking and otherwise; but no tax shall be levied or collected except to pay

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existing debts of the city and interest that has or may accrue on the same, and such debts as may hereafter be created in conformity with the laws of said State, and the current expenses of the city government, and such other expenses of the city government as are herein referred to and allowed; provided, the incurring of bonded debts shall be authorized by a vote of the qualified voters of said city in the manner and form as now provided by law for issuing of bonds by cities in said State, and that money arising from licenses, fines, forfeitures, and cost in the criminal court shall be first applied to the payment of the current expenses of the city, and if there shall be a deficiency remaining, such deficiency shall be supplied by taxes raised as herein provided, but in no event to exceed.....one-hundredths of one per cent on the value of the property assessed and returned for taxation. The taxes levied and collected shall be applied as follows, or such proportion thereof as is necessary, to wit: Property tax. (a) For current expenses, thirty-five one-hundredths of one per cent on the value of the property assessed and returned for taxation. Application of taxes. (b) For public schools one per cent on the value of the property assessed and returned for taxation. (c) For water, gas, electric lights and sewerage..... one-hundredths of one per cent on the value of the property assessed and returned for taxation. (d) For bonded debts and interest..... one-hundredths of one per cent on the value of the property assessed and returned for taxation. (e) For street improvement..... one-hundredths of one per cent of the value of the property assessed and returned for taxation. (f) For aid to poor, maintenance of hospitals and for the health department of said city..... one-hundredths

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of one per cent of the value of the property assessed and returned for taxation. (g) For the maintenance of a public library in said city,.....one-hundredths of one per cent on the value of the property assessed and returned for taxation. (h) All funds collected shall be kept separate and be used only for the purpose for which they were levied and collected. Section 36. Be it further enacted, That all personal property shall be returned for taxation by the owners thereof or their agent or attorney to the clerk of said city at such time and in such manner as may be provided by ordinance. Return of personal property. Section 37. Be it further enacted, That said City of Cordele shall have power and authority, under such rules and regulations as it may adopt, to own, manage, operate, improve and extend a system of sanitary sewerage in said city and a system of electric lights and gas lights, and a system of waterworks in said city. The said commission is invested with full power and authority to acquire, maintain, extend, improve, modify and operate systems of lights and water plants, including gas plants, now or hereafter to be owned and operated by said city; to establish, equip, maintain, modify and operate a system of sewers in said city, and to rent or purchase real estate and apparatus necessary to the proper conduct of electric lights, water and power system, and gas works, and hold the title to same; to receive and disburse all moneys that may arise from the sale of bonds or from any other source. Water, lights, etc. Section 38. Be it further enacted, That the City of Cordele is authorized to establish a court in said city to be known as the criminal court of Cordele. The clerk of said city shall be ex-officio clerk of said court and shall perform such duties as said commission shall direct. The marshal, chief of police and policemen of said city shall

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be officers of said court and shall execute all processes issuing from said court. Criminal court. Section 39. Be it further enacted, That the judge of said court shall be a person of good character and standing and well qualified, and being well versed in the law and legal procedure. Before entering on the duties of his office said judge shall take and prescribe an oath to faithfully and impartially discharge the duties of said office to the best of his skill and ability, agreeable to the ordinances of said city and the laws and the Constitution of this State and of the United States. Qualification of judge. Section 40. Be it further enacted, That the said criminal court shall have exclusive jurisdiction of all violations of the ordinance of the City of Cordele. And said court is empowered to bind over to the Superior Court of Crisp County any person charged with the violation of the laws of this State, or any person whom the evidence discloses is guilty of a violation of said laws. In all trials for the violation of any ordinance of the city, the criminal court of Cordele may compel the attendance of witnesses from any part of the State, and to this end have subpoenas issued for witnesses and may punish witnesses failing and refusing to obey such subpoena as for contempt by imprisonment or work in the chaingang not exceeding thirty days or fine not exceeding fifty dollars. And said court may also punish any other contempt committed against it or its processes by like sentence. Said criminal court shall have power and jurisdiction to try all offenses against the ordinances of said city within the territorial limits of said city and upon conviction may punish said offenders by a fine of not more than three hundred dollars, by confinement in the chain-gang of said city for a term of not more than six months, or by confinement in the guardhouse or jail of said city for a term of not more than ninety days, either or all in the discretion of said criminal court judge. Jurisdiction and powers.

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Section 41. Be it further enacted, That the terms of the criminal court of Cordele shall be held regularly on each Monday, but said court may convene at any time for the purpose of trying persons charged with the violation of any municipal ordinance, or as a commitment court for the purpose of binding over to the Superior Court of Crisp County persons charged with the violation of any penal law of this State. Terms. Section 42. Be it further enacted, That trials in the criminal court of Cordele for the violation of any municipal ordinance may be had upon summons issued by the city clerk in the name of the judge of said court and a copy thereof delivered to the accused, or upon written information, or upon accusation by the police or any citizen, and the chief of police, or any policeman is hereby authorized and empowered to follow such accused person into any city or county of said State and arrest them. A failure without satisfactory excuse or a refusal to obey the summons or information so served, or to appear and stand trial shall be deemed and held to be a contempt of court. Summons and accusation. Section 43. Be it further enacted, That when a copy of such summons of information is delivered to such person, he or she may be required to give bond in each case, not to exceed five hundred dollars, or deposit collaterals or money, not to exceed two hundred dollars, to secure his or her attendance at the trial, and when such bond is given as collateral, or money deposited, such person shall be discharged from custody. Attendance secured. Section 44. Be it further enacted, That said commission shall have the power to prescribe the mode of taking bond and the mode of forfeiting said bond of persons charged with the violations of the ordinance of said city, and when the bond is forfeited, the city clerk shall have the authority, and it shall be his duty, to issue an execution instanter against the principal and surety on such bond

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and deliver the same to the chief of police who shall proceed to execute the same in the same manner as execution against tax defaulters, and the principal in such bond shall be immediately re-arrested and brought before the court for trial. Bonds. Section 45. Be it further enacted, That any person convicted in the criminal court of said city for the violation of any of the ordinance of by-laws, shall have the right of certiorari to the Superior Court of Crisp County, or he may have the right to appeal to the commission of said city if said commission shall see fit by ordinance to provide such appeal, otherwise certiorari aforesaid shall be the only remedy. In carrying cases from the criminal court of said city or from appeal to the Commission of said city to the Superior Court of said county by certiorari, the same rules shall be preserved as are applicable in carrying criminal cases to the Superior Court of said State from inferior Court. Certiorari. Section 46. Be it further enacted, That if any person is arrested without such summons, information or accusation, as above provided, first being filed, the officer making the arrest shall immediately cause summons or information or accusation to be issued for the person so arrested and file and serve the same as provided by this Act. Arrest. Section 47. Be it further enacted, That should any person violating any of the ordinances of said city flee from the jurisdiction thereof, he may be apprehended wherever he may be found in this State, and a warrant from the criminal court of said city shall be sufficient authority for his return and trial upon the charge resting against him; and should any person, after trial and conviction of a violation of an ordinance of said city, escape, he may be apprehended wherever found in the State and a warrant from the criminal court of said city shall be sufficient authority for his arrest and return. All persons escaping from the custody of the city may again be tried

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for such escape and punishment not exceeding penalties hereinbefore provided. Escape. Section 48. Be it further enacted, That the Commission of said city shall have power and authority to prevent, mules, cattle, sheep, hogs, dogs, goats, and all other animals or fowls from running at large in said city, and to prevent and prohibit the keeping of hogs within the city limits, or to regulate the manner in which they must be kept, if allowed kept and shall have power and authority to take up and impound any such animals and fowls and punish all owners of such animals and fowls who refuse to obey an ordinance passed by such commission carrying this authority in effect. Animals at large. Section 49. Be it further enacted, That in order to give effect to the foregoing section said Commission shall have authority to establish a pound and to change the same whenever they see proper; to fix a schedule of charges and penalties to be paid by the owner of such impounded animals before they are released from the pound; to regulate the mode of sale or disposition of impounded animals or fowls where no owner appears, or where the payment of impounding fees charged penalties or cost is refused; to provide for the disposition of the sale of an impounded animal, and to provide for the punishment of all persons, who without authority, break or enter the pound. Impounding. Section 50. Be it further enacted, That said Commission is authorized to create a board of health in and for said city and to clothe said board of health in and for said city with full power and authority in and about all matters of health and sanitation and vital statistics and power to regulate and control the same. If no board of health is created the city physician shall be vested with all the powers herein mentioned. Board of health. Section 51. Be it further enacted, That the City of Cordele shall have full and complete power and authority

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in and over all matters of sanitation of health; it shall have power and authority through said Commission, or by the board of health of said city, if one is created, or by the city physician, to compel the removal to the smallpox hospital of any person or persons who shall have smallpox in said city, who do not provide their premises with sufficient guards to completely quarantine them, but even when the premises in which said person or persons who shall have smallpox shall be sufficiently guarded, it shall still be in the power of the Commission of said city, in their discretion, under and by the advice of the board of health, or city physician, whenever it shall be deemed to the best interest of the city to remove said persons or person having smallpox to the smallpox hospital. The said Commission, or board of health of said city, shall also have the power and authority to establish and enforce compulsory quarantine of a citizen, or of a person or persons living in or being in said city, should there be an epidemic of scarlet fever, diphtheria, or any other contagious or infectious diseases. The said Commission shall have power and authority to declare by resolution that vaccination shall be compulsory on all persons living or being in said city, when in their discretion such vaccination shall appear to be necessary or expedient to the interest of the health of the city, and shall provide in said resolution the time within which all person living or being in said city shall be vaccinated, and any person failing to be vaccinated within the time required in said resolution or who shall refuse to submit to vaccination, shall, upon conviction, be punished for the offense by fine of not more then one hundred dollars, or imprisonment in said city prison for not more than thirty days, or to work in the chaingang on the streets of said city not more than thirty days, any one or all, within the discretion of the court. And it is hereby made the duty of the health officers of the city of Cordele to vaccinate at the expense of the city, and free of charge to the persons, or any person or persons

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residing or being in the city, in the judgment of the commission of said city, are unable from poverty to pay the expense of such vaccination. Health control. Section 52. Be it further enacted, That said Commission of said city shall have power and authority to quarantine any animal having glanders, or other infectious or contagious diseases, found in said city, in order to prevent the spread of such diseases and shall have power and authority to have such animals killed and shall only be liable to the owner thereof for the actual cash value of such animal or animals at the time of such killing. Diseases of animals. Section 53. Be it further enacted, That said Commission shall have exclusive jurisdiction over all cemeteries belonging to said city. The city manager may appoint such employees to superinted and care for the same as he may deem proper. The Commission may take out such appropriations of the city treasurer as to them may deem proper for the care and supervision of the same. They may enact ordinances and provide penalties for the purpose of preventing trespass thereon. They may regulate and charge for grave digging, lease fees and any and everything pertaining to the care and operation of said cemeteries. They may charge such fees for burial as they may deem proper and enforce the collection of such fees, and these provisions may relate to cemeteries located within or without the limits of said city. Cemeteries. Section 54. Be it enacted, That said Commission shall have the right to exercise supervision over all buildings within the corporate limits within said city; and, whenever in their judgment, any structure of building is dangerous to life or health of citizens, on proper case made in terms of laws of the State of Georgia, they shall have the right to condemn such buildings as a nuisance, and call on the owner or tenant in possession to immediately abate the same; and in the event the said owner or tenant in possession fails or refuses to abate such nuisance in a

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reasonable time, such time to be determined by the Commission, then said Commission may cause the same to be done and issue execution against said premises for the cost of abating such nuisance. Said Commission may likewise pass and enforce an ordinance fixing a penalty to be assessed against any party failing or refusing to abate a nuisance after such party has had notice to abate same. Supervision of buildings. Section 55. Be it further enacted, That said Commission of said city shall have the power and authority to open, layout, widen, straighten, or otherwise change the streets, alleys or lanes of said city, and shall have the power to lay off, vacate, close up, open, curb or pave the roads, streets, bridges, alleys, sidewalks, cross drains, crosswalks, drains or gutters for the use of the public or the use of any citizen of said city; to grant right of ways to railroads, streets, bridges, alleys, crosswalks, drains or gutters for the use of the public or the use of the laying of wires of lines through the streets and alleys of said city, upon such terms and conditions and restrictions as said Commissioners may prescribe. Whenever said Commission in the exercise of their authority conferred herein to open, layout, straighten or otherwise change the streets or alleys of said city, shall find it necessary to take private property for such purpose and cannot agree with the owner or owners thereof; they may take such private property upon the same terms and conditions as provided for in the general laws of this State, with reference to the condemnation of private property for public use, contained in Chapter 36-3, of the Code of Georgia of 1933, beginning with section 36-301 and embracing all sections following the same having reference to the condemnation of private property for public uses. Streets. Condemnation. Section 56. Be it further enacted, That said Commission shall have power and authority, upon recommendation of the board of health, to cause the owners of lots or parcels of land in the city to drain the same or to drain

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any pond or pool of water therein; also to compel the owner or owners of cellars, or wells, occasionally holding water, to cause the same to be emptied of water, or filled up, if necessary, and in case the owners of such parcels or lots of land, or cellars or wells, should fail or refuse after reasonable notice, such notice to be judged by the commission, to him or his agent, to comply with the requirements of the Commission, it shall be lawful for said Commission to employ proper persons to perform such services, and for all expenses incurred in so doing, the clerk of the city shall issue execution against said property or the owner or owners thereof; and a sale under such execution by the city marshal or chief of police shall pass the title to said property as completely to the purchaser as a sale under judgment from the Superior Court of this State. Drainage. Section 57. Be it further enacted, That said Commission shall have the authority and power to establish and maintain such quarantine and other regulations, as, in their judgment, may be necessary to prevent the introduction or spread of any and all contagious and infectious diseases in said city. Contagious diseases. Section 58. Be it further enacted, That said Commission shall have power and authority to compel the owners of property, their tenants or lessees to grade, pave, and otherwise to keep in good order and condition, as said commission may direct, the sidewalks in front of and abutting on their said property. They may restrict the operation of any ordinance passed in pursuance of the power conferred in this section to any designated part of the city or any way that they may deem best. Should any owner or lessee fail or refuse to comply with any ordinance or resolution passed in pursuance of this section, the work may be done by the city and the expense attending the same collected by execution against the owner or against said property. Liability for abutting sidewalks.

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Section 59. Be it further enacted, That said commission shall have power and authority to establish and maintain a fire department in said city. The said department shall be under the supervision and control of the city commission, who shall make all needful regulations concerning the same; shall provide all necessary apparatus and equipment therefor; shall employ upon such terms as he may see fit, fireman and other officers, or workers in said department, and may remove and discharge any officer or other employee in said department whenever, in its judgment, it is proper to do so. Fire department. Section 60. Be it further enacted, That said Commission shall have power and authority to provide against hazard and damage by fire, and to that end may declare any portion of said city a fire district, and may define the limits thereof. They may prescribe what material may or may not be used in the erection of buildings in such fire district, and may punish in their discretion any person violating the provisions of their ordinance in this behalf. Whenever it shall appear that any building, shed or structure of any sort in being erected in said fire district, contrary to the ordinance covering such subject, the commission shall have authority to summarily direct the owner of such structure to immediately tear down and remove the same, or to change the material as to make it comply with the ordinances for such cases provided. Should any owner fail or refuse to comply with such order, they may summarily have same removed and execution shall issue against such owner for expenses so incurred by the city. The owner or person in charge of such structure, and so refusing to comply with the order of the commission, may be punished for the violation of same in the criminal court, under the ordinances of the city. Fire districts. Section 61. Be it further enacted, That said Commission shall have power to provide for the erection and

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maintenance in said city gas works, electric light works and waterworks, and to that end may grant the individual or corporation the use of the streets, alleys and commons of said city, under such regulations and restrictions as they may deem proper. They are hereby authorized to make contracts with individuals or corporation erecting gas, electric light and waterworks plants for the furnishing of said city with lights and water and may pay such amount as purchase or rental as they may deem proper. They may make such regulations and pass such ordinances as they may deem necessary for the protection of owners of such works and shall have exclusive jurisdiction over them. Whenever said Commission shall contract for water and light for the use of the city, they may by ordinance limit the rate to individual consumers; they may regulate the operation of light or waterworks and impose upon the owners such duties, obligations and liabilities as they may deem just and reasonable for the protection of the citizens of the city and the municipal government. Gas, electric, and waterworks. Section 62. Be it further enacted, That said Commission shall have full power and authority to require the owner of any improved property, his agent or tenant in possession to provide suitable privies or water closets accommodation upon such premises to be located at such places on said premises as said commission shall by ordinance prescribe. Privies. Section 63. Be it further enacted, That said Commission shall have power and authority by resolution or ordinance to provide suitable regulations on the subject of drainage, sewerage and plumbing, and all and everything else that may be necessary for the improvement of the sanitary condition of said city. They shall have power and authority, whenever it may appear to them, or to a majority of them, to be necessary, proper or expedient, to lay sewers, construct septic tanks or make

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other arrangements for the purification or disposal of sewerage; locate, establish and maintain dumping grounds for garbage or other refuse, and convey such sewerage and drain such dumping grounds by ditching, canals or streams beyond or without the corporate limits of said city. They shall have power and authority to purchase and otherwise acquire for the purpose of land lying either within or without the corporate limits of said city. In the event of their failure to agree with the owner, or owners of land suitable, necessary, proper or expedient for the aforesaid purposes, they or a majority of them may by resolution declare the necessity, propriety or expediency of requiring such land or lands and describing the lands sought to be acquired, condemn such land or lands lying within the limits of said city and proceed to acquire the same together with such other lands or easements thereon as may be necessary or proper for the purpose of securing ingress or egress from such sewers, sewage plants, dumping grounds, ditches and streams by the method provided in Title 36 inclusive of the Code of Georgia of 1933. The action of the commission declaring the necessity, propriety or expediency of acquiring such lands for any purpose or purposes in this section enumerated, shall be fined and the correctness of their judgment in that particular shall never be called in question in any court of this State. Refuse disposal. Section 64. Be it further enacted, That said Commission shall have power and authority to issue bonds of said city in such sums and at such times as they shall see proper, within the limits provided by the Constitution of this State, and of such denomination and in such amounts as they see fit; said bonds not to bear interest in excess of five per cent. per annum and not to run for a period of longer than thirty years from the date of issue, but may bear a less rate of interest and run for a shorter period of time from their date of issue in the discretion of the commission. Said bonds to be issued, hypothecated

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and sold for the purpose of establishing, maintaining, extending and operating a system of waterworks, a system of sanitary sewerage, a crematory, a system of street lights, either gas or electric, or both, a system of public schools, paving or macadamizing streets, erection of necessary public buildings and adequate fire department, a hospital and drainage. Said bonds shall be signed by the chairman of the Commission and countersigned by the clerk under the corporate seal of the City of Cordele and shall be negotiated in the same manner as the Commission may determine to be for the best interest of the city, provided, however, that said bonds shall not be issued for any of the above purposes until the same shall have been submitted to the qualified voters of said city at an election held for that purpose, under and in conformity with the general laws of this State governing the issuance of bonds by a municipal corporation. Municipal bonds. Purposes. Section 65. Be it further enacted, That said Commission of said City shall have power and authority to order elections at various times to determine the issuing of bonds in accordance with the rules governing general elections in said city at such time or times as said Commission may deem proper for the purpose of issuing bonds in accordance for public improvements as set out and designated in this Act. And said Commission shall provide how the public debt of said city may be paid and shall constitute a sinking fund for that purpose. Bond elections. Payment of public debt. Section 66. Be it further enacted, That said Commission shall have power and authority to appropriate from year to year such sums of money for the support of the public library as they may deem best for the interest of the city. Such library shall be managed and controlled by a board of trustees, consisting of three, to be selected by said Commission of said city and said trustees shall be citizens of said city. The trustees shall be elected for a term of one year and shall be elected by said Commission

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at its first meeting in January, 1940. Said commission shall pass suitable ordinances for the purpose of carrying out the intention of this section. Public library. Section 67. Be it further enacted, That said Commission shall have full power and authority to acquire on behalf of the City of Cordele by gift, purchase, or otherwise, grounds suitable for such park or parks as in their judgment may be to the best interest and welfare of the citizens of said city. The City Commission shall have power and authority to improve and keep the same and to that end may appoint such officers and employees, as, in its judgment, may be necessary, and compensate them therefor. The City Commission shall have the right to draw on the general expense fund of said city for said expense or upon any other fund, not otherwise appropriated according to law. Parks. Section 68. Be it further enacted, That the terms of the present members of the Board of Education of the schools of the City of Cordele shall terminate on January 1, 1940, and their successors shall be elected by the people for the same terms and in the same manner as the city commissioners; and be subject to recall as provided by this Act for commissioners. The members of said Board of Education shall be citizens of Cordele, twenty-one years of age, and of good moral character; provided, that neither member of the Commission of said city shall be eligible to membership on said board. Board of education. Section 69. Be it further enacted, That said Board of Education shall have power and authority to design, adopt and establish the system of public schools for said city and to modify and enlarge a system of public schools for the city from time to time; to employ a superintendent and teachers and fix their compensation; to suspend or remove such superintendent or teachers; to rent, erect or purchase buildings for school purposes; to purchase building sites, the title to all school property to be and remain

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in the Cit of Cordele; to prescribe the terms upon which students are to be received in said schools; to make rules and regulations for the government of themselves and such schools, provided such rules and regulations are not inconsistent with the Constitution and laws of this State. Said Board of Education shall establish and maintain schools for white and colored children in said city. Powers of board of education. Section 70. Be it further enacted, That the officers of said Board of Education of the City of Cordele shall consist of a president, a vice-president and a secretary and treasurer. Said officers shall be elected in such manner and at such times as said board may determine, and said board shall prescribe the duties and compensation of its officers. Officers of board of education. Section 71. Be it enacted, That the Board of Education of Cordele shall determine what amount of money will be necessary to raise by taxation to defray the expense of said schools for the ensuing year, and shall lay the same before the Commission of said city, who shall be required to levy and collect the same, and the amount so levied and collected shall be paid over into the city treasury, subject to requisition of the Board of Education, to be used for the purpose for which it was levied and collected; provided, the levy for any one year does not exceed one per centum taxation on all real and personal property in the City of Cordele. School tax. Section 72. Be it further enacted, That so long as the Public Schools are maintained in the City of Cordele, the State School Superintendent is hereby directed and required to pay over to the treasurer of the Board of Education of said City of Cordele for the use of the Public Schools thereof, the proportion of the common school funds arising from any source, apportioned to the City of Cordele, to be by the Board of Education thereof expended in the establishment and maintenance of said public

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schools as authorized and directed by the Constitution and the laws of this State. State school funds. The treasurer of the Board of Education of said City of Cordele before entering upon the discharge of the duties of the office shall give bond in such sum as may be required by the City Commission, conditioned for the faithful performance of the duties of said office of treasurer, including the faithful accounting of all monies handled thereby, and upon which bond the surety shall be some reputable or bonding company qualified to do and doing business in this State. Treasurer's bond. Section 73. Be it further enacted, That said Commission 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 Commission shall have power and authority to assess not more than two-thirds of the cost of paving, or otherwise improving the streets and sidewalks, including two-thirds of the cost of curbing necessary on the real estate abutting on said street and sidewalks. Paving and assessments. Said Commission shall have the power and authority to assess one-third of the cost of grading, paving or macadamizing, constructing side drains, crossing, or otherwise improving the roadways of street proper on the real estate abutting on one side of the street so improved, and one-third on the real estate abutting on the other side of the street so improved. The real estate abutting on the street shall not pay more than two-thirds of the entire cost in the discretion of the Commission, and any street railway company, or other railroad company having tracks running through or across the streets of said city, shall be required to pave or macadamize or otherwise improve said street in such proportion as the Commission may prescribe. Said Commission shall have full power and

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authority to equalize by ordinance passed for that purpose, the assessment against all real estate for above purposes as to them may seem just and proper, estimating the total cost of each improvement made and prorating the cost thereof on the real estate according to its frontage on the street, or portion of the street so improved, or according to area or value of said property, either or all, as may be determined by ordinance passed for that purpose. The amount of assessment on each piece of real estate shall be a lien on said real estate from the date of a passage of the ordinance providing for the work and making the assessment. The Commissioners shall have power and authority to enforce the 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 chief of police of said city on such real estate and after advertising as in other proceedings, as in cases of tax sales, the same shall be sold at public outcry to the highest bidder. Such sales shall vest absolute title in the purchaser. Said city marshal, or chief of police, shall have authority to eject occupant and put purchaser 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 together with all costs which shall be paid before the affidavit shall be received and the affidavit shall be returned to the Superior Court of Crisp County and there tried, and the issue determined as in cases of illegality, subject to penalties provided as in cases of illegality filed for delay only. The Commission shall have authority to pave and contract to pave, the whole surface of the street without giving any railroad company or other property holder or occupant of the street the option of having the space

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paved by themselves or by contract at his or its instance, the object being to prevent delay and to secure uniformity. The lien for assessment or abutting property and on street railroads, or other railroad companies, for street or sidewalk paving, curbing, macadamizing, grading or draining shall have rank and priority of payment next in point of dignity of liens for taxes, such liens to date from the passage of the ordinance authorizing the execution of the work in each instance. Said Commission shall have power and authority to prescribe by ordinance such other rules as they may in their discretion think necessary to grade, pave, drain, macadamize or curb the streets, sidewalks and alleys of said city and to collect the cost thereof by execution against the adjacent property owners and railroad companies or other occupants of the streets or alleys of said city. Section 74. Be it further enacted, That all present officers of said city shall serve until January 1, 1940, and until their successors are elected and qualified. Terms of present officers. Section 75. Be it further enacted, That said Commission shall have power and authority to employ and fix the compensation of a certified public accountant to audit the books of the said City Manager, together with the books and accounts of the secretary and treasurer of the Board of Education, and to make a complete audit of all the departments of the city government. Said audits shall be made annually, or at such times as the Commission may direct. Audits. Section 76. Be it further enacted, That all ordinances and resolutions of the City of Cordele, now of force, not in conflict with this Act, or the laws of this State, shall remain in full force and effect until amended or repealed by the commission of said city. Ordinances of force. Section 77. Be it further enacted, That before an election can be called under the provisions of this Act, a

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petition must be filed with the City Clerk of Cordele, signed by at least 25% of the registered voters of the City of Cordele, requesting a referendum election to be held on the question of whether or not this Act shall become operative, and the said petition must be filed within 120 days after the approval of this Act or else no referendum election can be held to determine whether or not the terms of this Act shall become effective. If and when the said petition is filed, provided filed within the time allowed by this section, this Act shall be submitted to a vote of the persons who are qualified to vote for Commissioners in the City of Cordele, and the Clerk of the City of Cordele shall call an election to be held in said city for the ratification or rejection of this Act, under the same rules and regulations that govern elections for Commissioners in and for said city, and after first publishing notice of said election once a week for four weeks in the Cordele Dispatch, a newspaper published in said City, prior to said election. All persons qualified to vote under the rules and regulations governing elections for Commissioners in and for said city, shall be entitled to vote in the election herein provided for, and those desiring to vote for the ratification of this Act shall have written or printed on their ballots For new charter, and those desiring to vote against the ratification of this Act shall have written or printed on their ballots Against new charter. If a majority of those voting at said election shall cast their ballots For new charter, then this Act, upon result being announced and declared by the Clerk of the City Commissioners, shall become operative and of full force and effect after January 1, 1940, but a majority of said voters shall not vote for said new charter, then this Act shall be void. Provided further, that if no election is ever ordered or held under this Act, the same shall be void. Referendum. Section 78. In the first election for Commissioners held under this Act, the City Clerk shall prepare the

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ballots so as to provide that every candidate for City Commissioner shall designate the place for which he desires to become a candidate and every candidate for the City Commission of Cordele shall notify the City Clerk in writing at least ten days before the time for holding the said election the number of place for which he is a candidate. In the initial election held under this Act places No. 1 and No. 2 shall be for a term of one year and places No. 3, 4, and 5 shall be for a term of two years. First election of commissioners. After the first election held under this Act, all elections for City Commissioners held under this Act shall be for a term of two years irrespective of whether the place to be filled is No. 1, 2, 3, 4, or 5, except in the case of vacancies. Section 79. Be it further enacted, That the Act of the General Assembly of Georgia approved July 20, 1929 (Georgia Laws 1929, pages 1005-1009, inclusive) relating to Cordele Light and Power Plant is hereby continued in full force and effect and this Act shall in no wise affect, modify or repeal said Act of the General Assembly approved July 20, 1929. Act of 1929 continued in force. Section 80. Be it further enacted, That all laws or parts of laws in conflict with this Act are hereby repealed; provided that all corporate powers heretofore granted this municipality are not repealed by this or any other Act, are hereby continued of full force and effect. Approved February 8, 1939. DAHLONEGA STREET PAVING ASSESSMENTS. No. 407. An Act to amend the Act reincorporating the City of Dahlonega, approved December 14, 1899 (Georgia Laws 1899, pages 146-164) and all Acts amendatory thereto, by authorizing the mayor and council of Dahlonega to assess and levy street and sidewalk paving assessment

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against abutting property owners; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Act reincorporating the City of Dahlonega approved December 14, 1899 (Georgia Laws 1899, pages 146-164) and all Acts amendatory thereto, be and the same are hereby amended by adding at the end of Section 34 of the said Act reincorporating the City of Dahlonega, the said Section 34 appearing on page 159 of Georgia Laws 1899, the following language to wit: Act of 1899 amended. The mayor and council of the City of Dahlonega are hereby authorized to assess and levy sidewalk and street paving assessments against abutting property owners. Paving assessments. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1939. DALTON CHARTER AMENDMENTS. No. 355. An Act to amend an Act approved February 24, 1874, amending and codifying the various Acts incorporating the City of Dalton, Georgia, Georgia Laws 1874, Page 181, and Acts amendatory thereto authorizing the City of Dalton to pass zoning and planning laws whereby said city may be zoned and districted for various uses, and other or different uses provided therein; to regulate the use for which said zones or districts may be set apart; to regulate the plans for development of Real Estate therein; to provide for the abolition of said Taxes in the City of Dalton, and 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

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Act the several Acts heretofore passed by the Legislature creating a charter for the City of Dalton, Georgia, and the several Acts amendatory thereto, are hereby amended as follows: Section 2. That the City of Dalton is hereby authorized, by and through its Mayor and Council, to pass zoning and planning laws whereby said city may be zoned or districted for various uses and other or different uses, 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. Zoning. Section 3. The Mayor and Council may, in the interest of the public health, safety, order, convenience, comfort, prosperity, or general welfare, adopt by ordinance a plan or plans for the districting or zoning of the city for the purpose of regulating the location of trades, industries, apartment houses, dwellings, or other uses of property, or for the purpose of regulating the height of the buildings or other structures, or for the area or dimensions of the lots, or of the yards used in connection with buildings or other structures, or for the purpose of regulating the alignment of buildings or other structures near street frontages. The zoning regulations may be based upon any one or more of the purposes above described. The City may be divided into such number of districts and zones, and such 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 districts and regulations, classifications may be based on the nature or character of the trade, industry, profession, or other activity conducted or to be conducted upon the premises, the number of persons, families, or other group units to reside in or use buildings, the public, quasi-public, or private nature of the use of premises, or upon any other basis or bases relevant

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to the promotion of the public health, safety, order, morals, conveniences, prosperity, or welfare: Zoning districts and regulations. Section 3 (a). For the reasons above stated, said Mayor and Council shall have the further right and power, in any districts proposed to be set aside primarily for residence purposes, to further classify the use thereof, and to provide therein the class or classes of residents to be housed therein, and to provide therein such other and similar regulations and restrictions as shall secure the peace and good order of the city and the resident thereof. No such ordinance or amendment thereto, authorized by any of the above sections, shall be adopted except by three fourths vote of Mayor and Council. Residential districts. Section 4. The City of Dalton, by and through its Mayor and Council may from time to time amend or change the regulations or districts established by the zoning ordinance. Amendments to zoning ordinance. Section 5. Be it further enacted, that after the passage of this Act, commutation tax in the City of Dalton shall be abolished and hereafter no person shall be required to work upon the street of said City or pay commutation tax in lieu thereof. Commutation tax abolished. Section 6. Be it further enacted that the Chief of Police of The City of Dalton may give a surety company bond in lieu of a personal bond with two sureties, as provided by the amendment to the Charter of said City approved March 29, 1937, Georgia Laws 1937, page 1723, but said surety company shall be one authorized to do business in the State of Georgia, and the salary of the Chief of Police and all Police Officers shall be fixed by the Mayor and Council of said City and not by the Police Commission. Bond of police chief. Salaries. Section 7. Be it further enacted that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1939.

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DALTON STREET DUTY, ETC., ABOLISHED. No. 391. An Act to amend the charter of the City of Dalton (Ga. Laws 1874, pages 181-190), (Ga. Laws 1910, pages 576-582), and all Acts amendatory thereof, to abolish road or street duty; to abolish commutation tax; to abolish penalties therefor; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act of the General Assembly approved February 24, 1874 (Ga. Laws 1874, pages 181-190) being the charter of the City of Dalton, in the County of Whitfield, be and the same is hereby amended by striking and repealing Section 8 of said Act in its entirety which relates to road or street duty, commutation tax, and penalties for defaults thereof. Sec. 8 of Act of 1874 repealed. Section 2. That the amendment to the charter of the City of Dalton approved August 3, 1910 (Ga. Laws 1910, pages 576-583) be and the same is hereby amended by striking and repealing Section 8 of said amendment in its entirety, which relates to street or road duty, commutation tax, and penalties for defaults thereof. Sec. 8 of Act of 1910 repealed. Section 3. That all and singular the provisions of the charter of the City of Dalton (Ga. Laws 1874, pages 181-190) and all Acts amendatory thereof, relating to road or street duty, commutation tax and penalties for defaults thereof, be and the same are hereby repealed. All Acts dealing with street duty, etc., repealed. Section 4. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved March 24, 1939. DALLAS TOWN CHARTER. No. 183. An Act to amend, consolidate, and supersede the several Acts incorporating the Town of Dallas, in the County of

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Paulding, State of Georgia; to create a new charter and municipal government for said town; to define the corporate limits of said town; to vest in said Town of Dallas all properties and rights of the former Town of Dallas, and to confirm the title of said town to any property heretofore acquired without charter authority; to provide for and describe the city limits, to divide and partition said town into wards; to authorize said town to acquire and own property, either within or without the corporate limits, for any corporate purpose; to regulate and limit the sale of property in said town; to provide that all valid obligations of the former Town of Dallas shall be binding on the Town of Dallas hereby incorporated; to provide that the present mayor and council, and all subordinate officers, of the Town of Dallas serve until election and qualification of the officers herein provided for; to provide that all ordinances now in force in said town, not in conflict with this charter, shall remain in force until repealed or superseded; to provide for a mayor and council, and other officials and employees of said town, and to prescribe their qualification, manner of election, term of office, powers, rights, privileges, and duties; to limit the salaries of mayor, and councilmen; to confer on the mayor, and council, certain duties, powers, and privileges; to provide for all elections in and for said town, and the method of holding said elections, and the qualifications of voters; to provide a system for the permanent registration of qualified voters of said town and for the purging of disqualified voters' names from the registration books and voters' list, after notice and hearing, by a registrar, whose election by the mayor and council and powers and duties are herein provided; to provide a mayor's court, and for the trial and punishment therein of all offenders against the laws and ordinances of said town, and to prescribe the powers and duties of said court and the method of appeal therefrom; to provide a system of taxation for said town and

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to confer upon said Town of Dallas hereby incorporated all necessary authority to assess, levy, and collect ad valorem taxes on all property taxable therein for the purposes allowed by State law, and to provide for a board of tax assessors, to require the return of all property for taxation, and to provide for the assessment of all returned and unreturned property by said tax assessors, and the method of appeal from their findings; to authorize said town to regulate, control, and prohibit all kinds of business, trades, and professions, shows, exhibitions, and entertainments, and for the taxation and licensing thereof; to authorize said town to define and punish unfair competition on the part of any person or corporation doing business in said town, and to provide for the revocation of licenses of persons or corporations guilty thereof; to authorize said town to establish fire limits, and to establish a system of zoning in said town, and to provide the method thereof; to provide for the granting of franchises and encroachments on the streets of said town, and to provide rules and regulations for public service corporations operating in said town; to authorize said town to establish a board of health; to confer upon said town all necessary authority to establish, maintain, extend, and improve a system of sewerage and drains in said town; to authorize said town to require connection with water and sewer lines, and to enforce the charges therefor against property served, as taxes are enforced; to provide for opening and laying out, establishing, maintaining, and improving, and paving streets, avenues, lanes, alleys, sidewalks, and crossings in said town; to authorize said town to pave and otherwise improve for travel and drainage, streets and sidewalks of said town, and to assess the cost thereof, including intersections in the discretion of the Mayor and council of said town, against abutting property thereon, and fixing the lien and manner of assessments of such collections; to authorize said town to supply water and electric light and

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power and gas for public purposes and to its citizens, and to charge therefor, and to maintain public utility systems of all kinds; to authorize said town to enforce collection of water, light, and sewer bills as charges against the premises served, and to cut off services from the premises served where such bills are unpaid, and to authorize said town to require deposits to insure the payment of such bills providing two methods of securing collection of such bills; to provide for a fire department; to provide for cemeteries, public parks, public buildings and improvements; to provide for the abatement of nuisances within the corporate limits of said town; to provide for the working of convicts within and without said town, and for chaingang and prison; to authorize said town to contract debts and to issue bonds and revenue certificates in the manner provided by State law, for any lawful corporate purpose or improvement; to authorize said town to condemn property, either within or without the corporate limits thereof, for any lawful public and corporate use of said town, when necessary or proper in the judgment of the mayor and council, and in the manner provided by State Law; to provide the police powers of said town, and the powers and duties of its police officers; to provide in the mayor and council full and complete power and authority to do and perform all acts necessary and proper for the welfare of said town, and for the exercises of the powers and duties herein conferred; to repeal Acts and parts of Acts incorporating said town, in conflict herewith; to create a new charter for said Town of Dallas and declare the rights and powers of said corporation; 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. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the Town of

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Dallas, in the County of Paulding, State of Georgia, heretofore made a body politic, incorporated by the Acts of the General Assembly of Georgia, shall continue a body politic, incorporated, and shall be known by the corporate name of the Town of Dallas, and by that name shall be, and is hereby, vested with all the rights, powers, and privileges incidental to municipal corporations in said State; and all powers, rights, privileges, titles, property, and easements heretofore belonging to the Town of Dallas are hereby vested in the Town of Dallas, by and in that name, may sue and be sued, contract and be contracted with, plead and be impleaded, have and use the common or corporate seal, make and enact, by and through the mayor and council of said Town of Dallas, such ordinances, rules, regulations, and resolutions for the welfare and proper government of said town, and for the transaction of the business thereof, as they may deem good and proper, consistent with the laws and Constitution of the State of Georgia and of the United States. Corporate name and powers. Section 2. Be it further enacted, That the title to any property, real or personal, within or without the corporate limits of said town, heretofore acquired by the Town of Dallas, with or without proper charter authority, is hereby vested in the Town of Dallas created by this Act, the acquisition thereof being hereby ratified and made lawful. And the Town of Dallas created by this Act is hereby authorized and empowered to purchase, hold, rent, lease, and receive by gift or otherwise, and to enjoy, possess, and retain, temporarily or permanently, and property, real or personal, of any kind whatsoever, either within or without the corporate limits of said town, for corporate purposes. Title to property. Section 3. Be it further enacted, That no electric-light, gas, water, or other public utility plant or system, now or hereafter owned by the Town of Dallas, shall ever be sold, leased or otherwise disposed of by the Town of Dallas created by this Act, except in the manner provided by, and

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in strict compliance with, the Act of the General Assembly of Georgia approved August 25, 1925 (Georgia Laws 1925, pages 177-179); and the provisions of said Act are hereby incorporated as a part of this section by this reference, and shall be a valid part hereof regardless of any decision invalidating said Act for any reason. Any other property, real or personal, now or hereafter owned by said town (including any property connected with a public utility plant or system owned by said town, which particular property is no longer serviceable or necessary in the continued and efficient operation of such plant or system) may be sold, leased, or otherwise disposed of by said town by resolution of the mayor and council thereof, setting forth and approving the terms of any such sale, lease, or other disposition; the mayor, by direction of said council, making conveyance thereof. Sale of utility plants. Section 4. Be it further enacted by the authority aforesaid, That the corporate limits of the town of Dallas, Georgia, shall be as follows to-wit: Commencing at the northwest corner of land lot No. 205, in the second district of the 3rd. Section of Paulding county, Georgia, thence south along the original land line to a point on said land line one hundred yards south of the Seaboard Air Line Railway, thence eastward parallel with the said Seaboard Air Line Railway on a line one hundred yards south of the said railway to a point on the old Dallas and Villa Rica public road one hundred yards south of said railway, thence northward to the southeast corner of land lot no. 345, thence north to the northeast corner of land lot No. 201, thence west to the starting point, embracing all territory within said boundary. Territory. Section 5. Be it further enacted, That the town of Dallas, Ga., shall be and is hereby divided into four wards, namely, 1st., 2nd., 3rd., and 4th. wards as follows, to wit: Ward one shall embrace all that territory and part of said town within the following boundaries; Commencing at the

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northeast corner of that part of the courthouse square, whereon the courthouse is now situated, namely at the junction of Cartersville, Main, Acworth and Yorkville Streets, thence westward along Yorkville Street to the west corporate limits of said town, thence south to the southwest corner of corporate limits of said town, thence eastward to the street or public road south of the Seaboard Railway depot, thence northwest along said street or public road via Marchman's residence to the southern depot; thence northwest along Main Street to starting point. The second ward shall contain all that territory bounded as follows: Wards. Commencing at what is known as Bennett's corner of said town, thence east to Cartersville street; thence southward along Cartersville street to the starting point. The third ward shall embrace all the territory and part of said town within the following boundary lines; commencing at the southwest corner of Watson's livery stable on the corner of Main and East Spring Street, thence east along East Spring street to the east boundary line of corporate limits of said town, thence northward to the northeast corner of the corporate limits of said town, thence west to Cartersville street, thence southward along Cartersville and Main street to the starting point. The fourth ward shall embrace all that territory within the following boundary; Commencing at the southwest corner of Watson's livery stable or the corner of Main and East Spring Street, thence east along the south boundary line of ward three or along East Spring street to the east boundary line of the corporate limits of said town, thence south to the southeast corner of said corporate limits of said town, thence west to the southeast corner of ward one, thence northward along the east line of ward one, to the starting point. Section 6. Be it further enacted, That the Town of Dallas created by this Act is hereby made responsible as a body corporate for all legal undertakings, liabilities, and debts of

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the former Town of Dallas, whether for principal and interest on outstanding bonds, or other contracts or indebtedness. Responsibility for former debts. Section 7. Be it further enacted, That the Government of the Town of Dallas shall be vested in the mayor and six aldermen whose qualifications and manner of election are hereinafter prescribed, and that the present mayor and aldermen together with all subordinate officers elected by said aldermen, subject to the right of the mayor and aldermen to remove, with or without cause, shall continue in office until their successors have been elected and qualified as herein provided. An election shall be held in said town on the first Wednesday in September, 1939, and every two years thereafter, at which time there shall be elected a mayor who shall hold office for a term of two years beginning on the 1st. Day of January, 1940 and expiring on the 31st. Day of December, 1941. There shall also be elected one alderman from Ward two, one alderman from Ward four, and one alderman at large, each of whose terms of office shall begin on the 1st day of January, 1940 and expire on the 31st. day of December, 1943. There shall also be an election held in and for the town of Dallas on the First Wednesday in September every two years after the election above mentioned. At the election to be held on the 1st. Wednesday in September, 1941, there shall be elected an alderman from both ward one and ward three and also one alderman at large, each of whose terms of office shall begin on January 1st. 1942 and expire on December 31, 1945. All subsequent term aldermen, both from the town at large and from each ward thereof, shall be elected for a term of four years and until their successors qualify. The successors of the above officials shall be elected by ballot as hereinafter prescribed. Government. Election. (a) Be it further enacted that the governing body of said town shall be known as a mayor and council and that any reference to aldermen shall be held to mean and be synonymous with councilmen.

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Section 8. Be it further enacted, That any person, a resident of the Town of Dallas, and who has been a bona fide resident thereof for twelve (12) months prior to the time of election, and who shall be twenty-one (21) years of age and a qualified voter of said Town of Dallas, shall be eligible to the office of mayor and councilmen of said Town of Dallas. Should the mayor or any councilman, during the term of his or her office, remove from the limits of said town or cease to be a bona fide resident thereof, his or her office shall thereby become vacant. Qualifications. Section 9. Be it further enacted, That in event the office of mayor should become vacant by death, resignation, removal or otherwise, said vacancy shall be filled by an election ordered by the council to take place not more than sixty (60) days from the time such vacancy occurs, under the same rules and regulations that govern the elections in said town. The clerk of said town shall cause notice of the holding of said election, and the time and place thereof, to be published once a week for two weeks prior to said election in the newspaper in which sheriff's advertisements for Paulding County are published; Provided, however, in event such vacancy occurs within six (6) months preceding the expiration of term of office of said mayor, then in that event, the said vacancy shall be filled by the mayor pro tem., or by any councilman elected by the council for that purpose; and Provided, further, in event such vacancy should occur within three (3) months prior to a regular annual election to be held on said First Wednesday in September, then, in that event no special election shall be called or held, and vacancy shall be filled by mayor pro tem., or by any councilman elected by the council for that purpose, who shall serve until such regular annual election, and the vacancy shall be filled by election of a mayor for the remainder of the unexpired term. In that event the office of one or more of the councilmen shall become vacant by death, resignation, removal, or otherwise, said vacancy shall be filled by the mayor and council by the election of

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any citizen of said town eligible to hold such office, who shall serve until the next annual election when a councilman shall be elected to fill the remainder of the unexpired term. Vacancies. Section 10. Be it further enacted, That all elections held in and for said town under the provisions of this Act and all elections in which any subject or question is submitted to the qualified voters of said town, shall be superintended and managed by a justice of the peace or other judicial officer and two freeholders, or by three freeholders, residents of said town, to be selected by the mayor and council; and before entering on their duties as managers they shall take and subscribe the following oath; All and each of us do swear that we will faithfully superintend this day's election; that we are justices of the peace or other judicial officers, or freeholders (as the case may be); that we will make a just and true return thereof, and we will not knowingly permit any one to vote in this election unless we believe he is entitled to vote according to the laws of said town, nor will we knowingly prohibit any one from voting who is by law entitled to vote: said oath to be signed by each manager in the capacity in which he acts. Said oath may be administered by any officer qualified to administer oaths, or the managers may swear each other. The polls to all elections held in and for said town shall be open from 8 o'clock A. M. until 4 o'clock P. M., when they shall be closed, and the managers of said election shall proceed to count the ballots and consolidate the returns of said election and certify the result. They shall keep two lists of voters and two tally-sheets, and shall make a certificate of the result on each tally-sheet; and they shall place one of said lists of voters and one of said tally-sheets, together with the ballots, in an envelope or box, and seal the same and deposit them with the clerk of the Superior Court of Paulding County. The other list of voters and tally-sheet shall be filed by the managers with the mayor and council of said town, who shall meet on the day following said election and declare the

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result thereof. The clerk of said Superior Court and the clerk of said town, after the meeting and adjournment of the session of the grand jury of Paulding County, next immediately following said election, shall destroy said list of voters and ballots without inspection, provided no contest be filed or pending. The mayor and council of said town are authorized and empowered to adopt such further reasonable rules for the conduct of elections in said town as they may deem proper. Management of elections. Section 11. Be it further enacted, That no person shall be allowed to vote in any election held in said town, except he or she be eligible under the provisions of the Constitution and laws of Georgia to vote for members of the General Assembly from the County of Paulding, and unless he shall have bona fide and continuously resided in said town of Dallas, as a citizen thereof, for three months next preceding said election at which he offers to vote, and shall have registered as a qualified voter in the manner hereinafter provided. Qualified voters. Section 12. Be it enacted by the authority aforesaid, That there shall be established in the Town of Dallas created by this Act a permanent registration system of the qualified voters of said town: (a) Within thirty (30) days after the approval of this Act, the mayor and council of said town shall provide a suitable book for the permanent registration of qualified voters of said town. On or near the first page of each of such permanent registration books shall be printed or placed the oath prescribed by subsection (c) of this section. Permanent registration. In order that orderly registration may be had and full and complete information made available to the registrars hereinafter provided, separate books for the white and colored races may be provided; and all such books shall be so arranged as to provide for the alphabetical registration (by first letter of surnames only) of voters; and to provide convenient lines and columns for the signatures of voters,

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followed by notations of the age, sex, race, residence, occupation, and date of registration of each voter, and such data as may be required by the ordinances of said town. (b) The clerk of said town and/or any deputy clerk employed in the office of said clerk, shall have charge of said registration books, and shall open them for registration of voters within ten (10) days after they are provided, and shall cause notice of such facts to be published in one issue of the newspaper in which sheriff's advertisements for Paulding County are published. Said clerk and/ or deputy clerk shall keep said books open for registration of qualified voters at all times when the said clerk's office is open for business, except during the ten-day period next preceding the date of any election in said town. (c) Every person, before registering, shall take the following oath, which shall be read by or to the person offering to register, viz.: I do solemnly swear that I am twenty-one (21) years of age (or will be by the time of the next town election) and possess all the qualifications necessary under the Constitution of the State of Georgia to entitle me to vote for members of the General Assembly from the County of Paulding, and that I have bona fide and continuously resided in the town of Dallas, as a citizen thereof, for three (3) months (or will have by the time of the next town election). The clerk and/or deputy clerk, shall have authority to administer said oath, and thereafter to permit registration of any such person. All persons registering shall sign their full names at the place indicated on the book by the clerk and/or deputy clerk, who shall immediately thereafter enter at the places provided the age, sex, race, etc., of each person registering. Oath. (d) No person registering as herein provided shall be required to again register as a qualified voter of said town, so long as he or she remains a resident of said town and does not otherwise become disqualified, it being the purpose of

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this section to provide a permanent registration of the qualified voters of said town. (e) Whenever any election is to be held in and for said town, the said registration books are to be closed ten (10) days before said election and delivered to the mayor of said town, who shall, with the advice and consent of the council, appoint some person or persons, not exceeding three in number, as registrar or registrars. Said registrar or registrars shall be residents of said town, and before entering on their duties shall be sworn to faithfully and impartially perform the duties of their office. It shall be the duty of said registrar or registrars to make from said registration books a list of voters qualified to vote in said election, and, in making such lists, to exclude therefrom the names of all persons on the books who have died or removed from the limits of said town, or who have registered less than ten (10) days before the date of such election, or who are otherwise disqualified for any lawful cause; Provided, however, that they shall not exclude the name of any registered person, who is still a resident of said town, from said list as disqualified, without first serving such person with a notice to show cause why his (or her) name should not be excluded. Such notice shall state the time and place of the hearing as to such disqualification, and shall be served on each person at least twelve (12) hours before the time of such hearing (leaving at most notorious place of abode shall be deemed and held to be sufficient service). Such person shall be allowed to appear and submit evidence as to their qualification. Said registrar or registrars shall have power to subpoena witnesses, to compel their attendance and the production of records and documents, administer oaths, and to determine the qualification or disqualification of all voters. After the completion of any such hearing, said registrar or registrars shall strike from the permanent registration books and from the voters' lists the names of all persons found to be deceased or disqualified to vote. Thereafter they shall prepare three

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(3) identical lists of the voters qualified to vote in said election, and certify the same. One copy shall be retained, and two (2) copies shall be filed with the clerk of said town, one of which shall be open to inspection during said clerk's office hours, and the other copy shall be safely kept and delivered to the managers of said election when the polls open. Said registrar or registrars shall complete said lists at least two days before said election. Registrars. Hearing on disqualification. (f) No person shall be allowed to vote in said election whose name does not appear on the list certified by the registrar or registrars, unless he shall produce a certificate signed by the registrar, or a majority of the registrars, that his name was omitted therefrom by accident or mistake. Omission by mistake. (g) The mayor and council shall have full power to define and provide for the punishment of illegal registration and illegal voting, and to provide additional rules and regulations governing the registration of voters. They shall also fix the compensation to be paid by the town to such registrar or registrars, and may designate the clerk of said town to act as a registrar or as one of the registrars provided for under this section if they deem proper. Illegal voting. Compensation of registrars. Section 13. Be it further enacted, That the mayor and councilmen elected on the first Wednesday in September, 1939 and every two years thereafter shall on the first Monday in January following each election be installed in office by taking and subscribing the following oath: I do solemnly swear that I will faithfully discharge the duties devolved upon me as mayor or councilman (as the case may be) of the Town of Dallas; that I will faithfully execute and enforce the laws of said town to the best of my ability, skill and knowledge; and that I will do all in my power to promote the general welfare of the inhabitants of said town and common interest thereof. And on the first Monday in January of each year thereafter the mayor and councilmen elect, or councilmen elect, shall be installed in office

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by taking and subscribing said oath. If any such officer fail to be installed on that day, such installation shall take place as soon thereafter as practicable. Oath of mayor and councilmen. Section 14. Be it further enacted, That the mayor shall preside at meetings of the council; he shall not be allowed to vote except in the following instances; (1) in case of the vote by the council on any question or measure; Where the council vote in the election of a subordinate officer of said town results in a failure to elect any person to such office, said mayor shall have power to appoint some competent person to fill such office until such time as the council shall by a majority vote elect some person to fill such office. Said mayor shall have the veto power and may veto any ordinance, order, or resolution of the council, in which event the same shall not become law or enforceable unless subsequently passed over his veto duly recorded on the minutes. Provided, however, that unless the mayor shall file, in writing, with the clerk his veto of any measure passed by council, together with his reasons for disapproval, within three days after its passage, said measure shall become a law as though approved by him. The mayor may approve, in writing, any measure passed by the council, and it shall go into effect immediately. Mayor to preside. Veto power. Section 15. Be it further enacted, That the mayor shall be the chief executive officer of said town; have general supervision of the affairs of said town; and shall see that the laws of said town are executed and that the officers of said town are faithful in the discharge of their duties. He shall cause the books and records of said town and of its officers to be inspected; and shall have control of the marshal and police force of said town, and may appoint special police officers whenever he deems necessary. He may exercise, within the corporate limits of said town, all the powers conferred on a sheriff or constable to keep the peace and suppress riot and disorder, and to that end shall have power, when necessary in his opinion, to call on every

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male inhabitant of said town over eighteen (18) years of age to aid in suppressing riot and disorder and in enforcing the laws of said town. Duties of mayor. Section 16. Be it further enacted, that the mayor and council of said town shall have full power to fix the time, place and rules of procedure of their regular sessions. And the mayor shall have power to convene the council in special session whenever he deems proper. The mayor and council shall have full and ample power to do and perform any of their duties or powers at a special or called session as at regular session. Council meetings. Section 17. Be it further enacted, that the mayor and council, annually at their first meeting in January, shall elect one of said councilmen as mayor pro tempore, who shall, in the absence, disability, or disqualification of the mayor, perform all the duties and exercise all the rights, power, and privileges of the office of mayor. Mayor pro tem. Section 18. Be it further enacted, that the mayor and council of said town, annually at their first meeting in January of each year or as soon thereafter as practicable, shall elect a clerk, treasurer, marshal (who shall be chief police officer), and as many other police officers as are necessary and proper, in their opinion, for the conduct and supervision of the various departments of said town and for the good government of said town. Each of such officers shall take such oath, give such bond, and perform such duties as the mayor and council may prescribe. Said officers shall be elected for one year, but shall be subject to removal at any time, with or without cause, holding office at the pleasure of the mayor and council. And at said first meeting of the mayor and council aforesaid, they shall fix the salaries of the clerk, treasurer, marshal (who shall be chief police officer), and the other subordinate officers of said town; and also the salaries of the mayor, mayor pro tem., and councilmen, all of which shall be subject to revision at any time. Election of officers.

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(a) Provided that the mayor or a member of the council may or may not be elected to fill any subordinate office such as clerk, treasurer, or marshal or any other subordinate office. Provided further that the mayor and council shall have authority to consolidate any or all of said offices into one office and fix the salary in his discretion. Provided further that the mayor and council shall have authority to create any new office not provided for by this Act which becomes necessary in the conduct of the town's business, in the interest of economy or public-safety and welfare. Provided further that the mayor and council shall have authority to fill vacancies in any of the subordinate offices as they occur and remove from office any subordinate officer in their discretion. Provisos. (b) The salary of the mayor shall not exceed $100.00 per annum; nor that of the mayor pro tem., $50.00 per annum; nor that of any other councilmen $25.00 per annum. All salaries shall be paid annually. Amount of salaries. Section 19. Be it further enacted, That shall be established in the Town of Dallas, created by this Act, a mayor's court, which shall be clothed with all the power and authority usually conferred upon such courts in this State, as well as those hereinafter set forth: Mayor's court. (a) Said court shall be held as often as necessary for the trial of offenders. The said mayor shall have authority to preside over said court and perform the duties thereof; and in case of absence or disqualification of the mayor, or whenever he so requests, said court shall be presided over by the mayor pro tem.; and in the absence and/or disqualification of both the mayor and mayor pro tem., any councilman of said town may preside over and hold said court. The clerk of said town shall act as clerk of said court, and the marshal who is the chief police officer of said town or other police officer of said town shall attend said court, and perform all such duties therein and in the enforcement of its sentences as they may be required by

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ordinances of said town or by the orders of the presiding officer of said court. (b) The jurisdictional limits of said court shall include the corporate limits proper of said town; and said court shall have jurisdiction to try offenses against the laws and ordinances of said town, committed within the said jurisdictional limits. Jurisdiction. (c) The Mayor, or other presiding officer, when sitting as such court, shall have the power and authority to punish for contempt by fine not exceeding $25.00 and imprisonment in the prison of said town not to exceed ten (10) days, either or both, in the discretion of said court. Contempt. (d) Upon the conviction of any defendant of violation of any law or ordinance of said town, said court shall have the right to sentence said defendant to pay fine not exceeding $100.00 and to imprisonment in the prison of said town or in the common jail of Paulding County, not exceeding thirty (30) days, and to work and labor in the town chaingang or on the streets or public works of said town, whether within or without the corporate limits, not exceeding thirty (30) days, either or all or any part of all. And all sentences may be in the alternative, and fines may be imposed with the alternative of the other punishment in the event the fines are not paid. Said court shall have power to assess costs against each defendant convicted, to be collected and enforced, in addition to, and in the same manner as fines; all of which costs shall be paid into the town treasury. And said court may issue executions for any unpaid fines and costs, to be enforced in the same manner as ad valorem tax executions are enforced. Fines and sentences. (e) All cases made in said court shall be in the name of the Town of Dallas; all warrants for offenses against the laws and ordinances of said town shall be signed by the presiding officer of said court, or the mayor of said town, or some officer authorized by law to issue State warrants;

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and all other processes of said court, including subpoenas, summonses, etc., shall be signed by the clerk, deputy clerk, if one should be elected or employed, or marshal, and shall bear test in the name of the mayor or the presiding officer of said court. Warrants, etc. (f) The mayor, or other presiding officer, shall have power to administer oaths and perform all other acts necessary or proper in the conduct of said court and, where it appears that a State law has been violated, shall have power to bind the offender over to the proper court of Paulding County for trial, to assess bail for his appearance, and to commit to the jail of Paulding County, in default of bond. Binding over. (g) Said court shall have the right to compel the attendance of witnesses, either within or without the jurisdictional limits of said town; and may issue attachments where necessary to secure the attendance of witnesses, which may be served by any sheriff, deputy sheriff or any constable in any county in this State; but said town shall not be required to incur any expense in securing the attendance of any non-resident subpoenaed by a defendant. Attendance of witnesses. (h) Said court shall have the power to fix bail, accept bond for the appearance of defendants, and to forfeit and enforce collection of said bonds. Upon failure of a defendant to appear in accordance with the terms of his bond, he shall be solemnly called to come into court and his bail shall be warned to produce the body of his principal; and on the failure to do so, said court shall issue a scire facias directed to the marshal and other police officers of said town and to all and singular the sheriffs, their lawful deputies, and constables of said State, and be served upon said principal as soon as possible and upon his surety, which scire facias shall be returnable upon a date fixed in said scire facias, not earlier than 30 days thereafter; that upon failure to show good cause, a rule absolute issue on that date and be enforced in the same manner as tax executions

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are enforced in said town. And where any person charged with an offense against the laws or ordinances of said town has deposited or had deposited in his behalf cash in lieu of a bond for his appearance, and fails to appear at the time appointed to answer said charge, said court shall have power to forfeit said cash bond instanter and order same paid into the treasury of said town. Said court shall have power to issue warrants for the re-arrest of any defendant whose bond has been forfeited. Bond. (i) Said court shall have full power and authority, and the mayor and council are hereby empowered to adopt, such ru'es and regulations as may be necessary to perfect the functions of said court and the enforcement of its judgments. Rules of court. Section 20. Be it further enacted, that any person convicted in said mayor's court for violation of any of the laws or ordinances of said town shall have the right of certiorari to the Superior court of Paulding County, Georgia, in the manner provided by the aw, as set out and embodied in Chapter 19 of the Georgia Code, 1933, being Sections 19-201 et seq. Certiorari. Section 21. Be it further enacted, That the mayor of said town is hereby authorized to issue warrants for the arrest of all persons charged, upon affidavits before him made, with having committed, within the corporate limits of the Town of Dallas, offenses against any law or ordinances of said town or offenses against any penal law of this State. He shall have the authority to take the examination of any person charged with a State offense, and the same to discharge, or commit to prison, or let to bail, according to law, to answer such charge before the proper court having jurisdiction, in the same manner as justices of the several counties of this State nor or may hereafter have by law. All of said warrants shall be addresses to the marshal (or other police officers), and to all and singular the sheriffs, deputy sheriffs and constables of this State,

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any one of whom shall have authority to execute said warrants. Arrest. Section 22. Be it further enacted, That it shall be lawful for the marshal or other police officers of said town to arrest without warrant any person or persons within the corporate limits of said town, for an offense against or violation of the laws and ordinances of said town, or for a crime against the penal laws of said State if the offense is committed in his presence, or the offender is endeavoring to escape, or for other cause there is likely to be a failure of justice for want of an officer to issue a warrant. And in such cases when any offender against the laws or ordinances of said town who, after committing said offense seeks to flee and escape, the marshal or other police officer are empowered to pursue and arrest him without warrant. Arrest without warrant. Section 23. Be it further enacted, That the marshal or other police officer of said town shall have the right, power, and privilege to release any person arrested within the corporate limits of said town for an offense against the laws and ordinances of said town, upon said person giving bond, to be approved by the marshal or mayor of said town, payable to the Town of Dallas, conditioned to pay the obligee in said bond an amount fixed by the marshal or the mayor of said town, in the event said person arrested does not appear before the mayor's court at the time and place specified in said bond, and from time to time, until said person is tried for the offense for which he or she was arrested. Release on giving bond. Section 24. Be it further enacted, That the mayor and council of said town have power to control the finances and property of said town, to appropriate money, and to provide for the payment of the debts and expense of the corporation. Finances of town. Section 25. Be it further enacted, That the mayor and council of said town are hereby authorized and empowered

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to provide by ordinance for the assessment, levy, and collection of ad valorem taxes on all property, real and personal, within the corporate limits of said town, and upon all goods, chattels, moneys, and choses in action whose owner resides within the corporate limits of said town, which are subject to taxation by the laws of this State; for the ordinary current expenses of said town, a tax not exceeding two ($2.00) dollars on each one hundred ($100.00) dollars of taxable property, as assessed in the manner herein provided; and for the paving and macadamizing of streets and sidewalks and for the payment of the principal and interest of the public debt of said town, such additional tax as may be necessary and proper. Said taxes shall have the same lien and priority as taxes due the State and county, except that they shall be postponed thereto. Property tax. Additional taxes. Section 26. Be it further enacted, That all persons owning property in said town shall be required to make a return under oath, annually, to the board of tax assessors of said town, of all their property, real and personal. Subject to taxation by said town, as of April 1 of each year; and the books for recording same shall be open on April 1 and close on June 1 of each year. Said property shall be returned by the property owner on blanks furnished for that purpose, at the fair market value thereof. Returns. Section 27. Be it further enacted, that the mayor and council of said town, within a reasonable time after the approval of this Act, and annually thereafter, on or before the first regular meeting in March, shall elect three upright freeholders residing in said town as a board of tax assessors. The mayor and council shall fix the per diem compensation of said tax assessors, which shall not exceed three ($3.00) per day for each tax assessor. Vacancies on said board may be filled by the mayor and council as they occur during the year. Before entering upon the discharge of their duties, each assessor shall be sworn to faithfully

Page 990

and impartially perform the duties of said office. It shall be the duty of said tax assessor to assess the value of all real estate and personal property subject to taxation by said town, at its fair market value; and it shall be their duty to examine the tax return made to them by property owners, and to increase the valuation of any real estate or personal property when in their judgment the value placed thereon in any return is too small. If any person or corporation fails or refuses to make return of any of his, her, or its real estate of personal property, as hereinafter required, by the first day of June in any year, said tax assessors shall assess such property of the person, firm or corporation failing to make such return at double the fair market value thereof. They shall make a return of their work within 30 days after the close of the books for receiving returns, unless additional time is granted by the mayor and council; when their return is made, said assessors shall appoint a time and place for the hearing of objections to their assessments, and they shall cause notice to be given to all persons whose property valuation has been raised or double taxes assessed against their property five days before said hearing, stating the time and place of hearing and the increase so made by said board. Residents of said town shall be served personally or by leaving notice at their most notorious place of abode; and the mailing of such notice five days before said hearing to a non-resident taxpayer, with postage prepaid, to his last known address shall constitute legal notice to him. Tax assessors. (a) Any person dissatisfied with the assessment made on any of his property under the provisions of this Act shall have the right of appeal from the same to the mayor and council of said town, Provided said appeal be filed in writing with the clerk of said town within five days after the hearing before said assessors, setting forth distinctly the items of property whose valuation has been raised, the amount at which same has been assessed, and the fair market value as contended for by the appellant; said appeal shall be heard by said mayor and council at their next

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regular meeting, unless continued for cause, and their decision shall be final. The mayor and council of said town shall have power and authority, after notice and opportunity for him to be heard, to raise the valuation of any property, real or personal, of any tax assessor, if in their opinion it is returned and assessed below its fair market value. Contest of assessment. (b) The mayor and council shall also have power to provide for the collection of taxes on property subject thereto which is not returned and not shown on the digest of the tax assessors; and to make such additional regulations as they deem necessary to secure the payment of taxes on all property subject thereto. Property not returned. Section 28. Be it further enacted, That the mayor and council of said town shall have power and authority to provide by ordinance when the taxes of said town shall fall due, and tax executions shall be issued against all persons who have not paid their taxes by the time fixed and defined by ordinance. All tax executions shall be signed by the clerk and bear test in the name of the mayor of said town; and the marshal or other police officer of said town, the sheriff, deputy sheriffs, and constables of said State, shall have authority to execute same by levy and sale and the other means provided by Chapters 92-43 and 92-44 of Georgia Code, 1933, Sections 93-4301 et seq. and 92-4401 et seq. Tax executions. Section 29. Be it further enacted, That the mayor and council of the Town of Dallas, created by this Act, shall have full power and authority to license, regulate, control, or prohibit theatrical exhibitions, merry-go-rounds, circuses, dance halls, skating rinks, shows and exhibitions of all kinds, drays, automobiles, jitneys, trucks, taxis, and public and private vehicles of all kinds; traveling vendors of patent medicines, soaps, notions, and all other articles; also hotels, boarding houses, restaurants, lunch stands, drinking stands, fish stands or markets, meat markets,

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mercantile establishments, chain stores, laundries, billiard, pool, and other kind of tables, tenpins, shooting galleries, and bowling alleys, slot machines or any games operated by coin-in-slot devices for carrying on games; also bakeries, dairies, barber shops, livery stables, sales stables, slaughter houses, tanyards, garage or motor vehicle repair shops, blacksmith shops, gins, sawmills, planing mills; also auctioneers, peddlers, and pawn brokers; all agents of fire, health, accident, indemnity, casualty, and life insurance companies; the sale of all kinds of beverages, cigars, cigarettes, and tobacco products of all kinds; also dealers in and/or dispensers of gasoline, either at wholesale or retail, from tanks, or otherwise; and all businesses, occupations, professions, callings, trades or avocations, which under the laws of this State are subject to license. And said mayor and council shall have the power to require registration of, and to assess and collect a license tax on all such businesses, etc., and all other businesses, trades, professions, occupations, or callings conducted or engaged in within the corporate limits of said town, and such occupation tax or license tax shall constitute a lien upon all the property of the taxpayer or person liable, and shall take rank and be enforceable by execution in the same manner as ad valorem taxes due said town; and said town may require the registration of, and payment of license tax on, all such businesses, etc., as a prerequisite to the right to operate or engage in said business in said town, and shall have power to punish any one conducting or engaging in any such business, etc., without first registering and paying said license taxes. Said mayor and council shall have full and complete power to provide by ordinance for classification of all classes and businesses, and all other rules and regulations necessary and proper in the premises. Business licenses, etc. Section 30. Be it further enacted, That said mayor and council may revoke the license of, and prohibit the operation of, any business or establishment to which a license may have been granted, in the event the same becomes a

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nuisance or is dangerous and injurious to the health or morals of the people of said town: Said mayor and council are hereby authorized and empowered to define and prohibit unfair competition on the part of any person or corporation seeking to do business or doing business in said town, and to refuse to grant a license to any person or corporation who manifestly intends to engage in unfair competition therein, and to revoke the license of any person or corporation who engages in unfair competition. But no license shall be revoked without giving notice and affording such person or corporation an opportunity to be heard. Control of businesses. Section 31. Be it further enacted, That the mayor and council of said town are hereby authorized to assess, levy and collect a sanitary tax and to create and maintain a sanitary department, elect its officers and employees, prescribe their duties and fix their salaries. They shall have the right by ordinance to prescribe sanitary regulations for the said town of Dallas, and to fix a fee and collect the same against any person, firm or corporation domiciled within the corporate limits of said town for whom the sanitary department may render services. Sanitary department. Section 32. Be it further enacted, That the mayor and council of said town are hereby vested with full power and authority to establish, equip, maintain, modify, extend, and improve, a system of sewerage and drains in said Town of Dallas, and to adopt by ordinance such regulations as may be needful and necessary in connection with the same, including such charges as may in the discretion of said mayor and council seem reasonable and proper for sewer connections and/or service, which said charges shall be enforceable in the same manner that charges for water furnished by said town are enforced. Sewerage system. Section 33. Be it further enacted, That the mayor and council of the Town of Dallas, created by this Act, shall have full power and authority in their discretion, to grade,

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pave, macadamize, and otherwise improve for travel and drainage the streets, sidewalks, and public lanes and alleys of said town; to put down curbing, cross drains, crossings, intersections, and otherwise improve the same. In order to carry into effect the authority above delegated, the Act of the General Assembly of Georgia, approved August 25, 1927 (Acts of 1927, pages 321-335), providing a method for making improvements in municipalities having a population of 600 or more population, which said Act has been adopted in the manner provided therein, in said Town of Dallas, is hereby adopted and made a part of this Act, and the mayor and council of the Town of Dallas, created by this Act, are hereby made the governing body referred to and authorized to act under the terms of said Act hereby adopted and made a part thereof. Paving etc. (a) In all cases where street paving or repairing is contemplated on any street in said town, in which watermains, sewers, pipes, or electric wiring conduits are laid, or are to be laid, said town shall have the power to extend such mains, sewers, pipes, etc., from the main line to the property line, to thereafter avoid the necessity of tearing up or damaging said paving, to make house connections, and to assess and collect the cost of making such property line extensions against the property to which said connections are made, and in the same manner as assessments for street paving are made and collected. Pipe connections. Section 34. Be it further enacted, That the mayor and council of said town of Dallas shall have full power and authority to furnish water, electric lights and power, gas, heat, and other public utility service for the public use of said town, and for private use and charge therefor; to own, construct, enlarge, operate, and maintain a system of waterworks and sewerage, a system of electric light and power lines, a system for the manufacturing and/or supplying gas and/or heat, and any other public utility system or plants; to purchase or generate electric energy; and to maintain the supplying of said public utility service. Public utility systems.

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Section 35. Be it further enacted, That the mayor and council of said Town of Dallas shall have full power and authority to regualte and enforce the collection of and insure payment of, charges for supplying of water, electric lights or power energy, gas, heat, and sewer service, by the following methods: Payment of utility charges. (a) By making said charges for water, electric energy, gas, heat and sewer service a charge upon the property or real estate served, and in case prompt payment is not made for any such service, they may provide that the water, electric light and power energy, gas, heat, or sewer services shall be shut off from the building, place, or premises, and shall not be compelled to again supply said building, place or premises, until said arrears, with interest thereon, is fully paid; and further they may provide for the issuance of an execution for the unpaid charges for water, electric energy, gas, heat, or sewer service against the real estate served and the owner thereof, which shall be a lien on said real estate, and enforceable in the same manner as ad valorem taxes are enforced. (b) Said mayor and council shall have full power to require prompt payment in advance for all water, electric energy, gas, heat, and sewer service furnished by said town; or require of each consumer or person served a reasonable deposit, which may be varied according to the estimated consumption, to insure the prompt payment for such service; and shut off and refuse to furnish water, electric energy, gas, heat, and sewer service, where payment in advance, or deposit, as the case may be, is not promptly made; and to enforce by execution against any consumer or person served, in the same manner as ad valorem taxes are enforced, any unpaid charges for water, electric energy, gas, heat, or sewer service. Should any consumer fail to pay all water, or electric light, gas, heat, or sewer charges due by him to said town, then the said town may cut off water, light, gas, heat, or sewer services from the premises

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and, should he move to another place in said town, refuse to furnish such service at the new place of residence unless and until all past due accounts are paid in full. (c) Said mayor and council shall have power to adopt all necessary ordinances to put either method in force in said town, and to change from one method to the other in their discretion, and to adopt such methods of enforcing said charges as they may deem necessary and proper. (d) The provisions of this section shall be applicable to charges for any public utility service provided or furnished by said town, including water, electric energy, gas, heat, and sewer service, and the enumeration of particular classes of service shall not be construed as to exclude any other service that may be provided or furnished by said town, from the operation and provisions of this Act. Section 36. Be it further enacted, That said mayor and council are authorized to enact any and all ordinances, rules, and regulations, necessary to lay out and prescribe a fire district in said town, and to enlarge, change, or modify its limits from time to time; to prescribe when, how, and of what material buildings in said limits may be erected, repaired, or covered, how thick the walls may be, how the chimneys, stoves, pipes, and flues are to be constructed; to provide for fire escapes in said buildings; and generally to do all such things and to pass such laws and ordinances as the mayor and council may deem necessary in order to protect said town as far as possible from fire, and to prevent the spread of fire from one building to another, and for the protection and safety of the people. They shall also have the authority to order any changes in the construction or arrangement of buildings, chimneys, stove pipes, or flues and to order the removal thereof when in their judgment the same are dangerous or likely to become so, and to make the owner of the premises pay the expenses of such changes or removal, which expense may be collected as taxes are collected; and if any person, firm or corporation

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shall erect or maintain any building that is not in accordance with the laws and ordinances of said town, the mayor and council may order such building removed or altered and if such person, firm or corporation shall not remove or alter such buildings after notice to do so, as may be prescribed, then said mayor and council shall have authority to remove or alter the same at the expense of the owner, which expense may be collected by execution issued and enforced in the same manner that executions for ad valorem taxes are enforced. Fire district. Section 37. Be it further enacted, That the mayor and council of said town may, in the interest of public health, safety, order, convenience, comfort, prosperity, or general welfare, adopt by ordinance a plan or plans for the districting or zoning of the town for the purpose of regulating the location of trades, industries, apartment houses, dwellings, or other uses of property; or for the purpose of regulating the height of the buildings, fences, or other structures, or the area or dimensions of lots or of the yards used in connection with buildings or other structures, or for the purpose of regulating the alignment of buildings or other structures near street frontages. The zoning regulations may be based upon one or more of the purposes above described. The town may be divided into such number of zones or districts, and such districts may be of such shape and area as the mayor and council shall deem best suited to accomplish the purpose of the zoning regulations. In the determinations and establishment of districts and regulations, classification may be based on the nature or character of the trade, industry, or other activity conducted, or to be conducted, upon the premises; the number of persons, families, or other group units to reside in or use buildings; the public, quasi-public, or private nature of the use of premises; or upon any other basis or bases relevant to the promotion of the public health, safety, order, morals, conveniences, prosperity, or welfare. Said mayor and council may provide by ordinance for a zoning commission

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to be composed of not more than three members to be elected by said mayor and council and to prescribe their powers and duties; and are authorized to provide the method of appeal from finding of said zoning commission; and to provide for a board of zoning appeals, to be elected by said mayor and council, to hear such appeals, and to provide their powers and duties; and to provide for the right of certiorari from said board of zoning appeals to the Superior Court of Paulding County. Zoning. Section 38. Be it further enacted, That in addition to the power and authority vested in the mayor and council of said Town of Dallas, created by this Act, by the general laws of this State, and to those heretofore and herein granted by this Act, the said mayor and council are hereby authorized and empowered to adopt such ordinances and regulations as they may deem proper, not in conflict with the Constitution and laws of the United States or of this State: Additional powers. (a) To protect and advance the morals of said town; to secure peace, good order, and quiet in said town; and to protect health of said town, to prevent the spread of and to suppress infectious, contagious, or dangerous diseases in said town; Good order. (b) To create and elect a board of health in said town and to prescribe its powers and duties, and to maintain said board; to provide for the quarantine in, and treatment of contagious, infectious, or dangerous diseases, either in or outside of said town, and to cooperate in the management and control of any public hospital or clinic for treatment generally of diseases and accidents, and to contribute money to the same; Health. (c) To own and regulate cemeteries and parks, either within or without said town, to establish, control, and govern a municipal market in the said town, to own or contribute to the support and maintenance of swimming

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pool, golf links, parks and playgrounds, either within or without the corporate limits of said town.; Cemeteries, parks, etc. (d) To regulate and prohibit the keeping of explosives and other dangerous substances in the fire limits and at other places in said town; to regulate or prohibit sale and shooting of fireworks and other explosives in said town; and to regulate the erection and maintenance of steam boilers and electrical apparatus in said town; Dangerous substances. (e) To regulate the character of buildings to be erected in said town, and to adopt and enforce building require permits, and to condemn buildings which are or may become dangerous to life or health, and require the removal or repair of same and to regulate plumbing and electric wiring in structures in said town; Building regulations. (f) To prevent or condemn encroachment or obstructions in, upon, or over any sidewalk, street, or alley, and to require removal of such; Removal of obstructions. (g) To grant franchises, easements, and rights-of-way over, in, under, or along the public streets, sidewalks, alleys, parks, or other property of said town, on such terms and conditions as said mayor and council may prescribe; and to regulate all public service or utility corporations doing business in said town in any manner not in conflict with State or Federal law; Franchises. (h) To establish, equip, and maintain a fire department; Fire department. (i) To define and prohibit nuisances within the corporate limits of said town, and to prescribe the mode of trial for all nuisance cases, and to abate the same; Nuisances. (j) To provide, equip, and maintain a prison and chaingang, and to regulate the same; and to provide for the working of convicts on the streets of said town, or any public works of said town, both within and without the corporate limits; Prison.

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(k) To prescribe and regulate the use of its streets and to classify said streets, and regulate the use thereof according to such classifications; to prohibit the sale or barter of any merchandise or thing from any stand, vehicle, or conveyance on the public streets, sidewalks, or ways of said town; to limits and regulate the speed of all animals, vehicles, or motor vehicles on said streets and the operation thereof; to prescribe and regulate the fees of drays, hacks, taxis, jitneys, and transfer companies operating in said town, and to regulate the operation thereof; Street regulation. (l) To suppress and prohibit houses where illegal, immoral, or disorderly practices are had; Disorderly houses. (m) To lay out and open new streets and alleys in said town; and to change the grades thereof; Changes and new streets. (n) To provide a uniform scale of costs of the clerk and police officers of said town for all service in the arrest and prosecution of offenders in the mayor's court and in the issuance and collection of tax and other executions; and for their collections and payment into the town treasury; Costs of officers. (o) To require connection with water and/or sewerage by property owners whose property abut on streets having water and/or sewer mains therein. Water and sewer connections. Section 39. Be it further enacted, That the mayor and council of said Town of Dallas shall have full power and authority to condemn private property for any public purpose, such as establishing public streets, sidewalk, parks, and playgrounds; for rights-of-way for any electric light, water supply, gas, or sewer line, or sewerage disposal plant; for sites for the building or enlarging of any public building, reservoir, or structure necessary for the operation and conduct of the fire department, water plant, electric light and power plant, gas works or system, sewerage system, including lines and disposal plants, or any other department of said town; and for any other public use whatsoever, whenever same is necessary in their opinion. Whenever

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the mayor and council shall desire to exercise the power and authority to condemn property as granted and conferred herein, said power and authority shall be exercised, whether the land sought to be condemned is in the hands of the owner or trustees, executor, administrator, guardian or agent; and all proceedings for condemnation shall be in the manner provided by the general laws of the State of Georgia for condemnation of private property by towns and cities as contained in Georgia Code, 1933, Section 36-301, et seq. Condemnation. Section 40. Be it further enacted, That the mayor and council of said town shall have power and authority to contract debts and issue bonds of said town as the valid obligations thereof, under and in accordance with the limitations provided in the Constitution and laws of said State, for the purpose of refunding valid existing debts, establishing, improving, and maintaining a water supply system, establishing, improving and maintaining a sewerage system, a system of lights or electric power, and other public service or utility system, for the paving or otherwise improving streets, sidewalks or public places, and for any other improvement, convenience, or necessity for the use of said town or the citizen thereof, or for any other lawful purposes. Bonds. Section 41. Be it further enacted, That all ordinances now in force in said town, except where they are in direct conflict with the provisions of this Act, shall remain of full force and effect unless and until they are repealed or superseded by other ordinances passed by the mayor and council of the Town of Dallas, created by this Act. Ordinances of force. Section 42. 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 effect 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

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or invalid, and the remaining portions of this Act shall be enforced without regard to the provisions, clause, or part so held to be invalid or unconstitutional. Section 43. Be it further enacted, That the enumeration of powers contained in this Act shall not be considered as restrictive; but the mayor and council of the Town of Dallas, and the authorities of said town, may exercise all powers, rights, and jurisdictions as they might if such enumeration were not made, and the council may pass all laws and ordinances, rules, and regulations they may deem needful and proper for the general welfare and protections of said town; and where under this charter rights are conferred or powers granted, but the manner of exercising them is not fully defined, the council may prescribe additional regulations and modes of procedure, not repugnant to the interest and purpose of this Act or the laws of this State. General powers. Section 44. Be it further enacted, That all Acts, of the General Assembly heretofore passed incorporating the Town of Dallas, and all amendments thereto, and conferring powers on the same, are hereby consolidated into and superseded by this Act; and all provisions of former Acts which are inconsistent with and at variance with this Act are hereby expressly repealed; and all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 14, 1939. DECATUR LIMITS EXTENDED. No. 318. 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

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Acts amendatory thereof, so as to change, enlarge, and extend the corporate limits of the City of Decatur in the County of DeKalb, by the incorporation of additional and contiguous territory therein; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority aforesaid, that an Act approved August 17, 1909, creating and establishing a new charter and municipal government for the Town of Decatur, now 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: Tract 1. Parts of Land Lots 202, 203, 214 and 215 of the 15th. District of DeKalb County, and more particularly described as follows: Tract 1. Beginning at a point on the present City Limit Line of the City of Decatur, said point being at the intersection of the center of McKoy Street with the North line of Pharr Road; running thence in a Southeasterly direction along the North side of Pharr Road, which line is the City Limit Line of the City of Atlanta, to South Candler Street; continuing thence in a due Easterly direction 1600 feet, more or less, to the center of Shoal Creek; thence in a Northerly direction along the center of Shoal Creek 3000 feet, more or less, to a point where Shoal Creek intersects the present City Limit Line of the City of Decatur, said point being 200 feet South of Kirk Road; thence in a Westerly direction along a line parallel with Kirk Road and 200 feet South of same, said line being the present City Limit Line of the City of Decatur to a point 200 feet East of South Candler Street; thence in a Southeasterly direction along the present City Limit Line of the City of Decatur to the intersection

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of a line 200 feet East of South Candler Street, with a line 200 feet South of Hill Street; thence following the present City Limits of the City of Decatur, due West along a line 200 feet South of and parallel with Hill Street to the center of McKoy Street; thence South along the center of McKoy Street following the present City Limits of the City of Decatur to the point of beginning. Description. Also Tract 2, described as follows: Parts of Land Lots 6 and 7 of the 18th. District of DeKalb County, and more particularly described as follows: Tract 2. Beginning at a point on the North line of Land Lot 6 in the center of Hunters Branch, said point being on the present City Limit Line of the City of Decatur; running thence East along the North line of Land Lot 6 and 7 to a point 200 feet East of Sycamore Drive; thence South-easterly parallel with and 200 feet East of Sycamore Drive, a distance of 1400 feet, more or less, to a point on the North property line of the Decatur Heights property; thence East along the North line of the Decatur Heights property 450 feet, more or less, to a point 200 feet East of Lockwood Terrace; thence Southeasterly along the line parallel with and 200 feet East of Lockwood Terrace 1150 feet, more or less, to a point 100 feet North of Pinehurst Street, said point being on the present City Limit Line of the City of Decatur; thence West along a line parallel with and 100 feet North of Pinehurst Street, said line being the present City Limits of the City of Decatur to the center of Hunters Branch; thence in a Northwesterly direction following the present City Limit Line of the City of Decatur along the center of Hunters Branch to the point of beginning. Description. Also Tract 3, described as follows: Parts of Land Lot 4 and 5 of the 18th. District of DeKalb County, and more particularly described as follows: Tract 3.

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Beginning at a point on the East Right-of-Way Line of the Seaboard Air Line Railway 700 feet, more or less, North of the South line of Land Lot 4, said point being on the present City Limits of the City of Decatur; thence in a Northeasterly direction along the East Right-of-Way line of the Seaboard Air Line Railway to the North line of Land Lot 5; thence East along the North line of Land Lot 5, 260 feet, more or less, to a point 600 feet West of Clairmont Avenue, said point being on the present City Limits of the City of Decatur; thence in a Southeasterly direction parallel with and 600 feet West of Clairmont Avenue along the present City Limits of the City of Decatur to a point 200 feet West of the West Right-of-Way Line of Scott Boulevard; thence Southwesterly parallel with and 200 feet West of the West Right-of-Way line of Scott Boulevard, along the present City Limits of the City of Decatur to a point approximately 700 feet North of the South line of Land Lot 5; thence West along the present City Limits of the City of Decatur, being a line parallel with and approximately 700 feet North of the South line of Land Lots 5 and 4, to the point of beginning. Description. Also Tract 4, described as follows: Part of Land Lot 50 and 51 of the 18th. District of DeKalb County and more particularly described as follows: Tract 4. Beginning at a point on the South line of Land Lot 51, said point being 242 feet West of Southeast corner of said Land Lot; running thence East along the South line of Land Lot 51 and 50 to a point approximately 1200 feet East of the Southwest corner of Land Lot 50, said point being on the East Line of Emory Acres Subdivision; thence North parallel with the West Line of Land Lot 50 and a distance of 1200 feet East of said Land Lot Line along the East Line of the Emory Acres Subdivision to a point 200 feet North of the North Decatur Road;

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thence Southwesterly along a line parallel with and 200 feet North of the North Decatur Road to a point approximately 307 feet West of the East Line of Land Lot 51, thence South along the West line of the R. B. Speights Subdivision to 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. Extension of powers. Section 3. Be it further enacted by authority aforesaid that this Act shall become effective on the first (1st) day of January, 1940. 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 March 24, 1939. DECATUR LIMITS EXTENDEDREFERENDUM. No. 367. 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

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County of DeKalb, by the incorporation of additional and contiguous territory therein; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority aforesaid, that an Act approved August 17, 1909, creating and establishing a new charter and municipal government for the Town of Decatur, now 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 lot 51 of the 18th., district of DeKalb County, Georgia, and more particularly described as follows: Limits extended. Beginning at a point on the east right of way line of the Seaboard Air Line Railroad, where the south line of land lot 51 intersects said right of way line; running thence east along the south line of land lot 51 to a point 242 feet west of the southeast corner of land lot 51, said point being on the west line of R. B. Speights subdivision; thence north along the west line of R. B. Speights subdivision to a point 200 feet north of the North Decatur Road; thence southwesterly parallel with and 200 feet north of the North Decatur Road to the east right of way line of the Seaboard Air Line Railway; thence southwest along the east right of way line of the Seaboard Air Line Railway to 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

Page 1008

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. Extension of powers. Section 3. Be it further enacted by authority aforesaid that this Act shall become effective on the first (1st) day of January, 1940, provided that an election be held at the City Hall of the City of Decatur, for ratification or rejection, at which only residents of the above described territory, and at the time of the election qualified to vote for members of the General Assembly shall be eligible to vote. A special ballot shall be prepared for the purpose carrying the words For Annexation and Against Annexation. This election shall be conducted under the rules now prescribed by the charter of the City of Decatur for conducting city elections wherever said rules are applicable. Should the majority of the ballots cast be For Annexation the Act shall become effective on the first day of January 1940. Should the majority be Against Annexation the Act shall not become effective. Referendum by residents of new territory. 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 March 24, 1939. DECATUR OFFICERS ATTENDANCE FEES. No. 399. 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 by amending Section 15 of

Page 1009

an amending Act, approved August 16, 1920, so as to change and increase the attendance fee of each of the Commissioners, including the Mayor, from five dollars to ten dollars for each regular meeting of the Commission attended, not to exceed two in any one month; and further to provide for the payment to each member of the Board of Education an attendance fee of ten dollars for each regular meeting of the Board of Education attended, not to exceed two in any one month; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority aforesaid, that an Act approved August 17, 1909, creating and establishing a new charter and municipal government for the Town of Decatur, now City of Decatur, in the County of DeKalb, and the several Acts amendatory thereof, be and the same is hereby amended by amending Section 15 of the amendatory Act approved August 16, 1920, by striking out the word Five in the third line of said section and inserting in lieu thereof the word Ten and by adding to said Section 15 the following, That each Member of the Board of Education shall be paid an attendance fee of ten dollars for each regular meeting of the Board of Education attended, not to exceed two in any one month, provided, that no Member of such Board of Education shall be paid such attendance fee for any meeting unless he shall be actually present at such meeting not later than fifteen minutes after the time for said meeting to convene, and shall not leave said meeting until adjourned, so that said section when amended, shall read as follows: Sec. 15. Be it further enacted by the authority aforesaid, That each of the Commissioners, including the Mayor, shall be paid an attendance fee of ten dollars for each regular meeting of the Commission attended, not to exceed two in any one month, provided, that no Commissioner shall be paid such attendance fee for any meeting unless he shall be actually

Page 1010

present at such meeting not later than fifteen minutes after the time for said meeting to convene, and shall not leave said meeting until adjourned. That each member of the Board of Education shall be paid an attendance fee of ten dollars for each regular meeting of the Board of Education attended, not to exceed two in any one month, provided, that no Member of such Board of Education shall be paid such attendance fee for any meeting unless he shall be actually present at such meeting not later than fifteen minutes after the time for said meeting to convene, and shall not leave said meeting until adjourned. Sec. 15 of Act of 1920 amended. Attendance fee of commissioners. Attendance fee for board of education. Section 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1939. DOERUN QUALIFIED VOTERS. No. 381. An Act to amend an Act of 1922, Georgia Laws 1922, Page 751, et seq., known as an Act to create a new charter for the city of Doerun in Colquitt County, Georgia; to prescribe the qualifications of the voters in the municipal elections 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 Acts of 1922, Georgia Laws 1922, page 751, et seq., creating a new charter for the City of Doerun be and the same are hereby amended by striking Section 7 of said Act in its entirety and inserting in lieu thereof a new section to read as follows: Act of 1922 amended. That all persons who have been a resident of the State of Georgia for one year and who shall have been a resident

Page 1011

of the county of Colquitt for six months and who shall have resided in the city of Doerun for ninety days immediately preceding any municipal election in said city, and who shall have registered to vote, if so required by the governing authorities of said city, shall be qualified to vote at any election held under the provisions of this Charter. Qualified voters. Section 2. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 24, 1939. DOUGLAS BOND ISSUES. No. 160. An Act to amend an Act entitled an Act to create a new charter for the City of Douglas, in the County of Coffee, (Georgia Laws, 1899, p. 177), and the several Acts amendatory thereto, by repealing the limitation of the authority of the City of Douglas to issue bonds for certain purposes; and to authorize said City of Douglas to increase its bonded indebtedness, and to confer upon the Mayor and Aldermen of said City the authority to fix the terms of said bonds, to call elections for said bonds, to provide for the payment of said bonds; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That an Act entitled an Act to create a new charter for the City of Douglas, in the County of Coffee, (Georgia Laws, 1899, p. 177), and the several Acts amendatory thereto, be, and the same are hereby, amended as follows: The Mayor and Aldermen of the City of Douglas are hereby authorized, in their discretion, to issue and sell

Page 1012

bonds of said City in any amount not to exceed the constitutional limitation, said bonds to be issued and sold for the following purposes: School, water, lights, sewerage, hospital, or any other purpose for which a municipality may issue and sell bonds without violating the general laws of the State of Georgia; Provided, that the qualified voters of the City of Douglas first assent to the issue of said bonds for any of such purposes at an election or elections called by the Mayor and Aldermen of said City for said purpose, the Mayor and Aldermen of said City having the right to call said election or elections at any time they see fit. Bond issues. Purposes. Bond election. Section 2. The Mayor and Aldermen of said City of Douglas, Georgia, shall have the right and power to fix the terms and provisions of any bonds issued by them in pursuance of the above authority, provided that the terms and provisions of said bonds shall in no event conflict with the general laws of the State of Georgia. Terms and provisions of bonds. Section 3. In the event any of said bonds are issued, the Mayor and Aldermen of the City of Douglas may provide for the collection of an annual tax during the life of said bonds sufficient to raise the funds to pay the interest on said bonds annually during the period for which they were issued, and also, may provide a sinking fund to pay off the principal of said bonds at their maturity. Said bonds shall designate for what purpose issued, and the proceeds from the sale of said bonds shall be used exclusively for the purpose designated therein, and for no other purpose. Tax. Sinking fund. Section 4. That all special laws with reference to the charter of the City of Douglas which may be in conflict with this Act are hereby repealed. Approved March 8, 1939.

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DOUGLAS CITY LIMITS. No. 30. An Act to amend the charter of the City of Douglas in the county of Coffee, with reference to the incorporate limits of said City, by removing therefrom a certain portion of land. Section 1. 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, amending the Charter of the City of Douglas in the county of Coffee, approved December 18, 1900, be amended as follows: by adding the following in the next to the last line of Section 1, after City of Douglas, that strip of land described as beginning at the Northeast corner of the Library Building, located on the campus of the South Georgia College, and thence running South along a straight line through the East wall of said Building to the City Limit; thence Westerly along the City Limit to a point where a straight line running South through the West wall of said Library Building would intersect said City Limit; thence North along said straight line through the West wall of said Library Building to the Northwest corner thereof; thence East along the outside North wall of said Library Building to the Northeast corner thereof and to the point of beginning; so that said section when so amended, shall read as follows: That the corporate limits of the City of Douglas shall embrace all the territory within one mile of the county court-house of Coffee County, situated in said City of Douglas, except that strip of land described as beginning at the Northeast corner of the Library Building, located on the campus of the South Georgia College, and thence running South along a straight line through the East wall of said Building to the City Limit; thence Westerly along the City Limit to the point where a straight line running South through the West wall of said Library Building would intersect said City

Page 1014

Limit; then North along said straight line through the West wall of said Library Building to the Northwest corner thereof; thence East along the outside North wall of said Library Building to the Northeast corner thereof and to the point of beginning; said corporate limits shall be two miles in diameter, with said court-house for a center, except that portion of land which is herein excepted. Act of 1900, amended. Corporate limits. Excepted territory. Section 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved February 10, 1939. DUBLIN CIVIL SERVICE ABOLISHED. No. 35. An Act to repeal an Act to amend the Act creating a new charter for the City of Dublin, etc., relating to civil service for city officers and employees, appearing on pages 1071-1079, Ga. Laws Ex. Sess. 1937-1938; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In the 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 (Georgia Laws 1937, pages 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, appearing on pages 1071-1079 Georgia Laws, Extraordinary Session

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1937-1938, be and the same is hereby repealed in its entirety. Act of 1937-1938 repealed. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 10, 1939. DUBLIN WATER REVENUE. No. 141. An Act to amend the 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 I, 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 I, to provide for the punishment of persons violating the provisions of this Act, and for other purposes (Georgia Laws, Extra Session 1937-1938, Pages 1079-80-81) approved February 16, 1938; by repealing Sections One and Two of said Amending Act, and providing in lieu thereof that the net revenue derived from the operation of the City of Dublin's municipally owned water plant shall be placed in the Sinking Fund and used for the payment of all of the City's bonds and/or bonded debt without respect to the purposes for which said bonds were issued; 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 same, as follows: Section 1. That Sections One and Two of the 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 I, 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 I, to provide for the punishment of persons violating the provisions of this Act, and for other purposes (Georgia Laws, Extra Session 1937-1938, Pages 1079-80-81) approved February 16, 1938; which read as follows: Secs. 1 and 2 of Act of 1937-1938 repealed. Section I. That Article I of the Act creating a new charter for the City of Dublin reincorporating said city, defining its territorial limits 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 20; Immediately after Section 19, on page 1783 to read as follows: `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

Page 1017

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 of said water plant, and maintenance, and cost of extensions, additions and improvements to be made to said system by order of the mayor and council'. `Section 2. Be it further enacted that said Article I 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 the 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' , be stricken from said Amending Act, and, be and the same are hereby repealed. Section 2. Be it further enacted by the authority aforesaid, that from and after the passage of this Act it shall be the duty of the Mayor and Board of Aldermen of the City of Dublin to place all net revenue derived from the operation of the city water plant in the sinking fund, which said sinking fund is collected and administered by the Sinking Fund Bond Commission of the City of Dublin, for the purpose of retiring all bonds and/or bonded

Page 1018

debt of the said City of Dublin, without respect to the purpose or purposes for which the said bonds were issued or said bonded debt incurred. Water revenue into sinking fund. Section 3. Be it further enacted by the authority aforesaid, that it is the intention of this Act to provide that only the net profit or earnings after having paid all operating expenses of said water plant, and the cost of repairs, improvement, and/or extension of the water and sewer system of said city; shall be placed into the sinking fund and transferred to the Sinking Fund Bond Commission for the purpose of retiring the bonds and paying off the bonded debt of said city. Net profit. Section 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act, be, and the same are hereby repealed. Approved March 6, 1939. EAST POINT CHARTER AMENDMENTS. No. 400. An Act to amend an Act entitled An Act to create a new charter for the City of East Point approved August, 1912, 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: Section 1. From and after the passage and approval of this Act the City of East Point, the City Council of East Point or the governing authorities of the City of East Point, by whatever name the same may be hereafter known, are granted authority hereby to pass zoning and planning laws whereby said City may be zoned or districted for various uses and other or different uses prohibited

Page 1019

therein, and to regulate the use of which said zones or districts may be set apart, and to regulate the plans for development and improvement of real estate therein. Zoning. Section 2. A Zoning and Planning Commission for the City of East Point is hereby created to consist of five members, one member to be appointed from each ward in said City by the City Council of East Point to serve for a term of three years and until his successor is appointed and qualified; provided, that of the first three members of said Commission appointed by the City Council one shall serve from date of his appointment and qualification to the first Tuesday after the first Monday in January, 1940, and one of the first members of said Commission appointed by the City council shall serve from date of his appointment and qualification to the first Tuesday after the first Monday in January, 1941, and the other member of said Commission appointed by the City Council of East Point shall serve from date of his appointment and qualification to the first Tuesday after the first Monday in January, 1942. Commencing with the first Tuesday after the first Monday in January, 1940, the City Council of East Point shall at the reorganization meeting in each year appoint a successor to the member of said Commission whose term expires on said date for a term of three years from said date and until his successor is appointed and qualified. Zoning and Planning Commission. The three members of said commission first appointed by the City Council of East Point shall upon their appointment and qualification assemble in the City of East Point and elect from the City at large a fourth member of said Commission, which fourth member shall be Chairman of said Commission, and the term for which the Chairman of said Commission shall serve shall be two years; provided, that the first Chairman elected

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under this Act shall serve from the date of his election and qualification up to and until the first Wednesday after the reorganization meeting of City Council in January, 1940, at which time the members of said Commission appointed by the City Council of East Point shall elect a Chairman from the City at large for the term of two years and until his successor shall have been elected and qualified, and thereafter the election of said Chairman of said Commission is to be from the City at large and is to be held on the first Wednesday after the reorganization meeting of the City Council of East Point every two years. The fifth member of said Commission shall be the Building Official of said City. Each member of said Commission, including the Chairman, shall have one vote in all matters before said Commission, except in selecting a Chairman, who shall in all cases be selected only by the members appointed by City Council. Chairman. Building official. Section 3. The City Clerk of the City of East Point is hereby required to act as Secretary to said Commission and in this capacity to attend and keep correct and accurate minutes of all of the meetings of said Commission and a correct record of all of its Acts and doings. City clerk to act as secretary. Section 4. Members of said Commission shall be disqualified to act in any matter affecting the rights of persons related to them by blood or marriage within the fourth degree or in any matter in which such member is financially interested directly or indirectly. The City Council of East Point shall fill the place of any disqualified member of said Commission in any matter upon ten days notice in writing of the disqualification of a member. Questions of disqualification shall be passed upon in the first instance by the Commission itself, but decisions of said Commission on all questions shall be subject to review by certiorari by Fulton Superior Court. Disqualification by relationship. Section 5. The City Council of East Point is hereby authorized and empowered to adopt all necessary, proper

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ordinances, rules and regulations governing practice and procedure of said Commission, the conduct of hearings before said Commission, and to carry plans and decisions of said Commission into effect, and to punish persons for violation of such Ordinances, rules, regulations, plans and decisions. Ordinances, procedure, etc. Section 6. Said Commission shall have power and authority to subpoena and compel the attendance of witnesses and to subpoena and compel the production of documentary evidence and to fix and adopt rules and regulations with respect to practice, procedure and the conduct of hearings before said Commission and the transaction of matters before said Commission, not inconsistent with the rules, regulations or Ordinances adopted by the City Council of East Point, nor with any law of this State. Conduct of hearings. Section 7. Be it further enacted by the authority aforesaid and it is hereby enacted by authority of the same, that members of said Commission shall serve without compensation, and that no person shall be eligible for appointment to said Commission, as a member of said Commission, who is not a freeholder and a bona fide resident of said City at the time of said election and any member of said Commission ceasing to be either a freeholder or a bona fide resident of said City shall immediately cease to be a member of said Commission without the taking of any formal or other action. Qualifications of members of commission. Section 8. The Zoning and Planning Commission created by this Act shall have such power, authority and jurisdiction as may be vested in it by this Act and by Ordinances adopted by the City Council of East Point and no other; provided, however, that no Ordinance or Resolution adopting any districting or zoning plan or limiting the use to which property zoned may be put, may be adopted by the City Council of East Point until the same shall have been first worked out and adopted

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by the Zoning and Planning Commission created by this Act; and provided further that an opportunity shall be afforded by said Commission or by the City Council to persons affected by any plan, or Zoning Ordinance, to be heard in opposition to its adoption; provided, the only notice of the time and place of hearing of objections to the adoption of any Ordinance zoning any district shall be published once at least thirty days in advance of the date of the hearing on such Ordinance in the official organ of the said City, and no other notice shall be required. All objections shall be made at or before said hearing and not thereafter. Notice of zoninghearings. Section 9. When the regular meeting date of the City Council of East Point or of any Board, Bureau, Commission or Committee of said City is a holiday, the regular meeting date shall be the next succeeding day thereafter. Holidays. Section 10. Police officers of the City of East Point shall have authority to make arrests anywhere within or without said City, except in other Cities, and the Recorder's Court of said City shall have territorial jurisdiction of any charge for violating any law or Ordinance of said City, any rule or regulation of said City, or any Board, Commission, Bureau or Department of said City, or any rule or regulation of the State of Georgia, or County of Fulton, or any law of the United States or any political subdivision thereof, for the purpose of making a preliminary investigation, acting as a committing Court where the offense charged is committed within said City or within one-half mile of said City. Arrests. Jurisdiction of recorder's court. Section 11. Under such arrangements with other political subdivisions of this State as the City Council of East Point may make, the Fire Department of said City and the members of said Fire Department may answer calls anywhere within or without the limits of said City with the fire-fighting equipment of said City, the

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charges for the services rendered without the City of East Point by said Fire Department to be prescribed by Ordinance of the City Council of East Point, and there shall be no more liability on account of negligence, against said City or any of its Firemen on duty without the limits of said City than there is within said City in case of injury or accident. Extent of service of fire department. Section 12. Notice to employees of said City of the time and place of hearing of charges against them before the City Council of East Point or any Committee thereof shall be deemed reasonable if served three days before the date of the hearing. Notice of hearing of charge against employees. Section 13. Any and all positions, offices or places of employment heretofore created by Charter provision, Ordinance of the City Council of East Point or Resolution of the City Council of East Point, or by any other authority whereby there is now any office, place, or position under the government of said City, which office, place or position is now vacant, is hereby abolished. Vacant offices abolished. Section 14. The Act approved August 26, 1929, as the same appears on page 1044 of the Acts of 1929, providing for pension for City employees of the City of East Point is hereby repealed. Act of 1929 repealed. Section 15. Each Alderman of the City of East Point may receive an annual salary of $600.00 payable monthly in installments of not exceeding $50.00 each, said monthly payments to be made at the end of each month for which said salary is paid. Salary of aldermen. Section 16. Actions at law or in equity against said City or any of its officers may be brought at any time within one year from the time the cause of action arose, but not thereafter; provided, that no suit at law or in equity may be brought against said City or any of its officers on any claim for any cause, notice of which claim or cause is not served in writing upon said City or officer

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within ninety days from the date the alleged cause of action arose. Actions against city. Notice of claim. Section 17. The officers of General Inspector and of Assistant General Inspector of the City of East Point are hereby created. The General Inspector of the City of East Point and Assistant General Inspector shall be elected by the City Council of East Point at the reorganization meeting of City Council in each year for a term of one year and until their successors are elected and qualified, and it shall be the duty of this General Inspector to inspect all buildings and their construction and excavation of buildings, the wiring and plumbing in buildings of all types within said City, erection, alterations, changes, removal or tearing down of buildings. Such Inspector shall have power and authority to inspect all foods and merchandise bought, sold, exchanged or traded within said City, and have the power and authority to condemn such as shall not be fit for the purposes for which it was intended, and such Inspector shall also be charged with the duty of making tests of weights and measures, inspecting the same, and enforcing the law against short weights or measures and against cheating, swindling and defrauding by weights or measures; such officer shall have the authority and it shall be his duty to arrest persons violating any of the laws of said City with the enforcement or execution of which said officer is charged. General and assistant inspector. Duties. The General Inspector may act by himself, his assistant or others. Section 18. The office of Water and Light Superintendent for said City is hereby created and the office of Street Foreman for said City is hereby created, and the office of Meter Reader for said City is hereby created, and the office of Assistant to each of the foregoing is hereby created, and the office of Assistant City Clerk is hereby created. The terms of each office named in this

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Section shall be for one year from the date of their election or appointment and qualification and until their successors are elected and qualified; provided, the first terms under this Section will end the first Tuesday in January, 1940. Election of all of said officers is vested in the City Council. Other offices created. Section 19. A Sanitary Department for the City of East Point is hereby created, which shall be composed of a Superintendent and such other officers, agents and employees as may be prescribed by ordinance by the City Council of East Point. The Superintendent of the Sanitary Department shall be appointed by the City Council of East Point at its reorganization meeting in January of each year, to serve for a term of one year and until his successor is elected and qualified, and any Assistant Superintendent provided for in said Department shall be appointed in like manner and for a like term; provided, that any appointment made after the reorganization meeting of the City Council of East Point in any given year shall be only until the reorganization meeting of the City Council in the next year and until the successor of such appointee is elected or appointed and qualified. The compensation of the Superintendent and of any Assistant Superintendent or other officer, agent or employee of said Sanitary Department shall be fixed by the City Council of East Point at its reorganization meeting in each year and may not be increased or decreased during the year for which the same is fixed; provided, however, that the duties of Superintendent, Assistant Superintendent, or other officer, agent, or employee of said Sanitary Department may be placed upon any other officer, agent or employee of said City, without compensation, by the City Council of East Point; and, provided further, that in the interest of economy, any officer, agent or employee of said Sanitary Department may be removed at any time by the City Council of East Point, but the term of any person elected

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or appointed to any position in said Department may not be shortened without the consent of such officer, agent or employee except for cause, where the same is to be refilled immediately by some other person, and except after giving such officer, agent or employee reasonable opportunity to be heard and have a fair trial before the City Council of East Point on such charges as may be made the grounds for discharging such officer, agent or employee. Sanitary department. Section 20. A majority of the members of any Board, Bureau, Committee, Commission, or other agency of said City, authorized to Act for said City, or of any committee of the City Council of East Point, shall constitute a quorum for the transaction of any business properly before any such Board, Bureau, Commission or Committee, and in the event such quorum should at any time consist of only two persons, and such two members cannot agree with respect to any matter under consideration, such matter should be continued until the other member of said Board, Bureau, Commission or Committee can be present, unless the matter under consideration is an emergency matter in which event the decision of the member of such Board, Bureau, Commission or Committee of higher rank or position on such Board, Bureau, Commission or Committee shall control. Quorum. Section 21. A Board of Registrars is hereby created for said City to consist of three persons, one of which shall serve a term of one year, and one a term of two years and one a term of three years from the date of their election and qualification in January, 1940; provided, that the first members of said Board elected under this Act shall serve until the reorganization meeting of the City Council in January, 1940, when all three members shall be elected to serve as above stated and thereafter, their successors shall each serve for a term of three years, and until their successors are elected and qualified. It

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shall be the duty of said Board of Registrars to register all persons entitled to vote within the City of East Point and to keep a true and correct registration list for each Ward of all persons entitled to vote within said City. It shall be the duty of said Registrars to purge said registration list of the names of persons not entitled to vote or who have died or moved away from said City, and such purging shall be completed in sixty days from last date on which persons may register in each year. Said Board of Registrars shall have authority to appoint a clerk or Secretary to handle the details of its office work, but all final decisions with reference to registration of voters within said City or the purging of the same from the registration list shall be made by said Board, the majority decision being final on any case. The Clerk or Secretary of said Board may handle all of the work of said Board if said Board confers such authority upon him, but any Act or decision of said Clerk of which any person may complain shall be subject to review by said Board of Registrars, and all complaints and reviews must be made at least thirty days preceding any election in which such registration list shall be used. One of said registrars shall be elected by the City Council of East Point from each Ward. When the registration list shall have been purged as above provided, it shall be the duty of said Board to publish the entire registration list in the official organ of said City one time between July 1st and July 15th, and any complaint of any dissatisfied person on account of any name being purged from, or left off, said list, and all requests for transfers of registration from one Ward to another shall be made to the Secretary of said Board in writing within thirty days from the date of publication of said list and not thereafter. Such complaints shall be decided and requests for transfers granted as the facts and law of each case require within thirty days from date the same is filed and not thereafter, and the corrected registration

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list shall be completed not later than the first day of September in each year. Board of Registrars. Duties. Section 22. The City Council is hereby authorized and empowered to levy, assess and collect a sanitary tax for said City, varying in amount in accordance with the service required to be rendered not only upon the lot and lot owners of said City, but also upon and against the tenant or occupant of the lot and the sanitary tax in no case shall be less than three dollars. Sanitary tax. Section 23. The minutes of the City Council of East Point and of any committee, body, bureau, commission, board or authority of said City shall consist of a correct record of only the acts and doings of such bodies and shall not embrace comments or speeches of members of said bodies or of any other person. Minutes. Section 24. The failure of an Alderman or other officer or member of the City Council, any Commission, Committee, Board, Bureau or body within the City Government of said City, to vote on any matter transacted at a meeting at which such person is in attendance shall be construed as a vote for it. The refusal or failure of a majority of the members present at any meeting of any such Board or body to vote shall be counted as votes in favor of the measure or matter under consideration. No person shall be declared elected, except as herein provided, to any office, place or position by the City Council of East Point, who shall not have received a majority of the votes of all of the members of the City Council, exclusive of the Mayor; provided, that in case of a tie the mayor of said City shall be entitled to vote, except as herein provided, and the candidate receiving the majority in such event shall be declared elected; and provided further, that in the event three candidates should receive two votes each for three ballots, making a tie between three candidates, it shall then be the duty of the Mayor on the fourth ballot to vote in favor of one of the

Page 1029

three, but not until after the third ballot, in which event the candidate receiving the highest vote will be declared elected. In the event one candidate should receive three votes, another two votes, and another one vote for three ballots, it shall then be the duty of the City Council to ballot on the two highest candidates, dropping the one receiving only one Vote. In the event one candidate should receive three votes and three other candidates should receive one vote each, three ballots shall be taken and then the candidate receiving the highest number of votes on the fourth ballot shall be declared elected. In event six candidates receive one vote each making a tie between six persons for three ballots the Mayor shall then nominate two out of the six, and then the City Council shall elect from these two candidates. Failure to vote construed as vote in favor. Tie vote. Section 25. Special meetings of the City Council of East Point shall be called in writing, and the call shall be entered on the minutes of the City Council. The call shall be signed by the City Clerk, shall specify the purpose for which the meeting was called, and shall be served by one of the Police Officers of said City on the Aldermen at least two days in advance of said meeting by delivery of a copy of said notice into the hands of such Aldermen or by leaving a copy of the same at the most notorious place of abode of such Alderman within said City, an entry of which service by such officer shall be entered on the minutes of the City Council; provided, a meeting may be held without such notice by unanimous consent of all of the members of said City Council, entered on the minutes of the City Council. Special meetings. Section 26. All of the territory through which any water main, sewer, electric line, pole or facilities of said City may extend, and for ten feet in every direction from any of the facilities of said City is hereby incorporated and made a part of said City with the full jurisdiction over the same as if the same were within the corporate

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limits hereinbefore included within said City, except said City shall have no right to levy or assess taxes, outside the corporate limits of said City. Territory containing water mains, etc. Section 27. Tax returns made by the taxpayers may not be reduced by the City Council of East Point nor by any officer, agent or body of said City. Such returns may be increased by the Board of Tax Assessors of which increase thirty days notice shall be served upon the taxpayer by registered mail with return receipt requested, and if such taxpayer shall not appeal from the decision of such assessors to the City Council of East Point within fifteen days in writing, the assessment shall be final and shall not be subject to revision thereafter by anybody. Provided, however, that the provisions of this section shall not apply to property assessed for ad valorem taxation by the State Revenue Commissioner under the provisions of Section 92-5903 of Georgia Code of 1933 and Act No. 296, Extra Session of Georgia General Assembly 1937-1938. Tax returns. Section 28. All Municipal elections held within the City of East Point shall be held as heretofore except that the polls shall be opened from seven o'clock A. M. Central Standard Time to seven o'clock P. M. Central Standard Time instead of from eight o'clock A. M. to three o'clock P. M. Central Standard Time. Hours of voting. Section 29. All City, Bond and other elections held in said City shall be held separately in each of the Wards. This means that there shall be a voting precinct with Managers at which voters shall vote in each Ward. Precinct in each ward. Section 30. Vacancies on the City Council of East Point shall be filled by elections as heretofore, but until an election can be held, the remaining Alderman from the Ward in which the vacancy occurs, shall fill the vacancy by appointment immediately upon the death, resignation or removal of the Alderman making such

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place vacant, and such appointment shall be until the election and qualification of an Alderman to fill such vacancy is held, and shall be entered on the minutes of the City Council. Vacancies in council. Section 31. Said city shall have authority to regulate the use of its streets for business purposes, including the right to impose a reasonable license tax on persons using its streets for business purposes. License for use of streets. Section 32. Said City is hereby authorized to impose, levy, assess and collect a tax on bill-boards and advertising signs and on persons, firms or corporations erecting, maintaining or using bill-boards or advertising signs and may prohibit the same altogether, along the streets, highways, alleys and lanes and about the parks of said City. Regulation of bill-boards. Section 33. Said City shall have the power and authority to buy and sell water, gas, or electricity within and without said City at cost or profit. Power to sell water, gas, and electricity. Section 34. For police and sanitary purposes and to protect its property and the health, peace, happiness and general welfare of its citizens, said City may adopt Ordinances binding on and enforceable against any and all persons, firms or corporations within one mile of said City; provided, no Ordinance of said City shall affect or bind any person, firm or corporation within the limits of any other Municipality, nor shall it embrace power to tax outside of East Point; provided, said City is not hereby granted the power or authority to interfere with the exercise by Fulton County of its powers without the limits of said City. General powers. Section 35. For the purposes of qualifying officers, agents or employees of the City of East Point required to take an oath, before entering upon the discharge of their duties, the Mayor and each Alderman of said City

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is hereby clothed with authority to administer such oaths, and may administer the oath to each other. Administration of oaths. Section 36. The veto power of the Mayor of the City of East Point extends to and embraces all Ordinances, Resolutions, regulations, motions, orders and actions of the City Council of East Point except the election or appointment of officers, agents and employees. In the election or appointment of officers, agents or employees, the Mayor shall not have any veto power and may veto in such matters only as in this Act provided. Veto power. Section 37. Impeachment proceedings before the City Council of East Point shall require the affirmative vote of at least four Aldermen to remove the Mayor from office, and shall require the affirmative vote of at least three Aldermen and the Mayor to remove an Alderman from office, or the affirmative vote of four Aldermen without the Mayor to remove another Alderman from office. The Mayor shall preside in all impeachment hearings except in the case of impeachment of the Mayor, in which case the Recorder of said City shall preside, but the Recorder shall not be entitled to vote even in case of a tie. On the trial of the Mayor on an impeachment hearing a tie vote shall be equivalent to an acquittal. An impeachment resolution shall not be subject to veto by the Mayor where the Mayor himself is the accused party. A judgment of conviction and removal in an impeachment proceeding shall not extend further than to disqualify the official impeached to thereafter hold any office of profit or trust under the government of said City. A judgment of conviction in an impeachment hearing shall of itself without further formality vacate the office of the officer impeached. Impeachment. Section 38. Four Aldermen of the City Council without the Mayor shall constitute a quorum to transact business, but a lesser number may meet and compel the attendance of others; to this end, less than a quorum

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meeting at the regular meeting time and place for City Council meetings shall have authority to punish absentees for their failure to attend after being notified to do so unless good cause be shown for not attending. Attendance at council meetings. Section 39. No Act carrying a concession, gift or donation, or levying or raising a license, tax, penalty or assessment, or appropriating money shall be effective unless the same be favored by a majority of the City Council of East Point. Acts requiring majority. Section 40. Every Ordinance shall be read at two different meetings of the City Council unless one reading thereof be waived by unanimous consent of the entire membership of the City Council of East Point. Two readings of ordinances. Section 41. Said City is authorized to require fire-escapes of such character and material as to be safe and the City may inflict penalties for violation of any Ordinance it adopts to this end. Fire-escapes. Section 42. The cost of party primary elections shall not be paid out of the Treasury of said City. Cost of primaries. Section 43. Managers and Clerks to hold elections in said City shall be notified of their appointment by the City Clerk and Managers shall fill the places of persons appointed who do not attend by the time for opening the polls for such elections. No voter of said City may vote in any Ward except in the Ward in which he is registered to vote on the date of the election in which he offers to cast his ballot, and any person moving from one Ward to another may have his registration transferred from the Ward from which he moved to the Ward into which he moved at any time up to but not later than August 15th next preceding the date of the election in which he offers to vote, but no person shall be allowed to transfer registration from one Ward to another until a bona fide change of residence to the new Ward is actually made. Voting regulations.

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Section 44. It shall have authority to revoke without notice licenses for operating pool rooms, to sell wine or beer, dance-halls, cafes and hotels were alcoholic beverages are found, or which breed or encourage vice, road-houses, liquor stores, pawn shops, small loan offices, distilleries, salary assignment offices, carnivals, circuses, business of junk dealers, fortune tellers, and to close and prohibit the re-opening of such places, and to control athletics; it may create an Athletic Commission, define its powers and authority, prescribe its duties, and qualification of its members, and their terms of office, and compensation, if any. Revocation of licenses. Athletic commission. Section 45. Said City is hereby authorized and empowered to censor theatres, films, moving pictures, exhibitions, pictures, actors, acts, books, signs, symbols, and similar matters and to suppress and prevent their use, exhibition, portrayal, sale or distribution, when found by the City Council to be obscene, immoral, filthy or vicious. Censorship. Section 46. All sales conducted by the Marshal of the City of East Point shall be in the same manner as far as is practical, as Sheriff's sales, and the costs for making levy, advertising, and executing title papers shall be the same as in Sheriff's sales as far as practical; provided, however, that said sales shall be held at such place as may be provided for by the City Council of East Point and the Charter of said City, and that the advertisement of said sales shall be in the official organ of said City. Marshal's sales. Section 47. The City Council of East Point is hereby authorized and empowered to elect, appoint and employ officers, agents and employees, other than Mayor, Aldermen, members of Boards, Commissions, Bureaus and the Recorder, to serve during good behaviour and efficient service for indefinite terms, such officers, agents and employees to be subject to promotion and advancement in accordance with their efficiency and length of service

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and to be subject to demotion and suspension, definite or indefinite, removal and discharge, for inefficiency, bad conduct, or violation of any law of said City; provided, that before demoting, suspending, discharging or removing any officer, agent or employee serving during good behaviour and efficient service, he or she as the case may be shall be entitled to a fair and impartial hearing on charges preferred after reasonable notice and an opportunity to be heard on such charges before the City Council of East Point, except in cases of laying off persons in good faith for reasons of economy; provided, further, that the compensation of all persons serving during good behaviour and efficient service shall be fixed at the regular reorganization meeting of the City Council in January of each year and shall not thereafter be increased or decreased until the next reorganization meeting of the City Council in the following year, except in case of demotion or suspension or in case of advancement or promotion from a lower to a higher position. Employees. Section 48. The compensation of all officers, agents and employees of said City shall be fixed by the City Council of East Point before the election or appointment of the officers, agent or employee who is to receive it, and no compensation shall be paid where this provision is not complied with; provided, this Section does not apply to the Mayor or Aldermen, or to a member of any Board, Bureau, or Commission, members of which are elected to serve a definite number of years and shall not apply to the Recorder, the salary or compensation of all of which officers is fixed at the regular reorganization meeting of the City Council in January of each year. Compensation fixed before election. Exceptions. Section 49. No sale, conveyance or disposition by said City of its water or electric properties or franchises, or of any interest therein, shall ever be of any force or effect unless nor until approved by the duly qualified voters of said City voting at an election specially called by the

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City Council of East Point for this purpose, a notice of which election shall have been published at least once a week for at least four weeks next preceding such election in the official organ of said city, which notice shall contain a statement of the terms and conditions of the proposed sale, conveyance or disposition of such properties or franchises, and also a statement of the date of the election, the location of the voting precincts, and such other information as the City Council of East Point may order. Election on sale of utilities. Section 50. The City Council of East Point, the Recorder's Court of said City, any Board, Commission, Bureau, Committee or other similar body of said City charged with the administration of any of the affairs of said City shall have power and authority to compel the attendance of witnesses and the production of documentary evidence in any matter under investigation, and any person failing or refusing to attend as a witness or produce documentary evidence within his power, custody or control when notified or called upon to do so shall be subject to punishment prescribed by Ordinance of said City for violation of such provision. Compulsory attendance of witnesses. Section 51. The City Council of East Point shall have power and authority to require any officer, agent or employee of said City to assume and discharge the duties of any other office or position under the government of said City without extra compensation; provided, no unreasonable burden or hardship may be imposed under this provision on any officer, agent or employee without just and adequate compensation. Additional duties of officers. Section 52. For water furnished, and for all sewerage and sanitary service rendered, said city shall have a lien prior and superior to all other liens, claims or demands except taxes, against the premises served, whether the owner of such premises be the customer or not, from the date the water is contracted for, or such services commences,

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up to and until all charges therefor shall have been paid in full. Liens for water, etc. Section 53. The City Council of East Point is hereby authorized to classify and establish within the Police and Fire Departments of said City positions of rank to which members of such departments may be promoted or demoted, for cause, and designate the same by such names as the City Council of East Point may prescribe by Ordinance to indicate the dignity or rank of the members to which such names are applied, distinguishing between the different ranks of dignity in said Departments by such difference in dress, uniform, sign or insignia as said City Council may deem suitable or fitting. Insignia to denote rank. Section 54. All contracts to which said City is a party shall be in writing, and entered on the minutes of the City Council of East Point, and no agreement or under-taking on behalf of said City by any officer, agent, employee, Committee or by the City Council itself shall be of any force or effect unless nor until the same shall have been reduced to writing and entered on the minutes of the City Council of East Point. To this end the Act of any officer, agent, employee or Committee of said City with respect to any matter referred to them with power to Act shall have no force or effect unless nor until the same shall have been reported back to the City Council of East Point and entered on the minutes of the City Council of East Point. A resolution adopted by the City Council of East Point and entered on the minutes shall be sufficiently definite on every essential feature of the contract or agreement to which said City may be a party, or on every essential part of the action and report of the action taken by any officer, agent, employee or Committee to which any matter may have been referred with power to Act. Contracts of city. Section 55. No contract in excess of $500.00 may be lawfully made by said City without first obtaining sealed

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competitive bids, but it shall not be mandatory that the contract be awarded in every case to the lowest or highest bidder. In all cases of purchases by the City the lowest and best bids shall be accepted and in all cases of sales by the City the highest and best bid shall be accepted, provided, that said City shall not be compelled to let any contract to even the lowest and best bid, or highest and best bid, unless nor until said City shall be satisfied that it cannot obtain a better and lower bid on purchases, or a higher and better bid on sales; provided this Section shall not apply to sales by the Marshal of said City under executions levied or any other Marshal's sales. Bids. Section 56. All legal advertisements, notices and other matters of the City of East Point required to be published by law or by Ordinance shall be published in a newspaper which has been established for a period of two years or more and which is published in the City of East Point. Publication of notices. Section 57. Each provision and section of this Act is hereby separately enacted and if any clause, sentence, paragraph, part or Section, or the application of any clause, sentence, paragraph, part or Section 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 the remainder of this Act, but shall be confined in its operation to the clause, sentence, paragraph, part, Section or particular application thereof directly involved in the controversy in which such judgment shall have been rendered. Section 58. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1939.

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EAST POINT LIMITS EXTENDEDREFERENDUM. No. 313. An Act to amend an Act entitled An Act to create a new charter for the City of East Point approved August, 1912, and the several Acts amendatory thereof, and for other purposes: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the corporate limits of the City of East Point in the County of Fulton be and the same are hereby extended so as to embrace and include in addition to all territories now embraced within the corporate limits of said City, the following territories, to-wit: Limits extended. All that tract or parcel of land lying and being in Fulton County, Georgia and more particularly described as follows: Beginning at the intersection of the present west line of the City of East Point and the present north line of the City of College Park in the center of Vesta Avenue, and running thence west along the City of College Park limits line thirty-five hundred (3500) feet more or less to a corner; thence southwesterly along the present northwest boundary line of the City of College Park nine hundred (900) feet; thence west three hundred (300) feet more or less to the west line of Land Lot 191 in the 14th District of Fulton County, Georgia; thence north along the west line of Land Lots 191, 190, 189, 188 and 187 to the northwest corner of Land Lot 187 in said District in said County; thence east along the north line of Land Lots 187, 166, and 155 to the northeast corner of Land Lot 155, and the present City limits of the City of East Point; thence southwest along the present City limits of the City of East Point thirty-six hundred (3600) feet more or less; thence west along the present limits of the City of East Point thirteen hundred

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and twenty (1320) feet more or less; thence south along the present limits of the City of East Point eleven hundred (1100) feet more or less; thence east along the present limits of the City of East Point six hundred and sixty (660) feet more or less; thence south along the present City limits of the City of East Point thirteen hundred and twenty (1320) feet more or less; thence east along the present limits of the City of East Point six hundred and sixty (660) feet more or less; thence south along the present limits of the City of East Point fifteen hundred (1500) feet more or less; thence west along the present limits of the City of East Point eleven hundred and fifty (1150) feet more or less; thence south along the present limits of the City of East Point three thousand (3000) feet more or less; thence west along the present limits of the City of East Point one hundred and seventy (170) feet more or less; thence south along the present limits of the City of East Point twenty-one hundred and eighty (2180) feet more or less to the point of beginning at the intersection of the present west boundary line of the City of East Point and the present north boundary line of the City of College Park. Description. Also, all that tract or parcel of land lying and being in Fulton County, Georgia, and more particularly described as follows: Additional tract. Beginning at the northwest corner of Land Lot 124 at the present east boundary limit of the City of East Point and extending thence east along the north line of Land Lot 124 to the northeast corner of Land Lot 124; thence east along the north line of Land Lot 101, two hundred (200) feet; thence south parallel with Sylvan Road fifty-eight hundred (5800) feet more or less in a straight line to the south boundary line of Land Lot 100 at a point two hundred (200) feet east of the southwest corner of Land Lot 100 and to the present City limits of the City of Hapeville, Georgia; thence west along the present City limits of the City of Hapeville, two hundred (200) feet more or less

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to the southeastern corner of Land Lot 125; thence west along the south boundary line of Land Lot 125 to the southeast corner of Land Lot 132 and present east boundary line of the City of East Point; thence north along the west line of Land Lots 125 and 124 and the east boundary of the present City limits of the City of East Point to the northwest corner of Land Lot 124 and the point of beginning, being all of Land Lots 124 and 125 and a strip of land along the east side of each of said Land Lots and parallel with each of said Land Lots two hundred (200) feet wide, all the way from north to the south, this two hundred (200) feet strip being two hundred (200) feet of the west side of Land Lots 100 and 101. Description. Section 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that all of the power, authority and jurisdiction of the City of East Point under its Charter, all laws, constitutions and statutes of the United States, the State of Georgia, and of said City, appertaining to said City are extended and made effective in every part of the territory embraced and included within the limits prescribed by this Act of annexation, and the power, authority and jurisdiction of the officers of said City are made coextensive with the limits as extended by this Act of annexation, and all other rights, powers, and authority necessary to carry out and enforce all of the laws, ordinances, rules, regulations and Resolutions governing said City are hereby extended to embrace said annexed territory. The power of taxing property and of fixing and regulating licenses for business; power to assess, issue executions for, and, in cases of default, sell the property upon which taxes are due, as now prescribed by the Charter of said City and laws and ordinances of said City, are extended to all the limits included and to all the territory and inhabitants embraced within this Act of annexation. The Power of the Board of Health, Fire Department, Police Department, Taxing Authorities, Tax Assessors and Tax Collectors, City Marshal,

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Clerk of City Council, Recorder, General Inspector, Building Inspector, Superintendent of Water Light Department and all other officers, agents and employees of the City of East Point, are extended to the new limits and over all of the territory and inhabitants embraced therein as fixed by this annexation Act as fully and completely as they now exist within the present limits under the Charter and laws and Ordinances governing said City. Said new territory annexed by this Act to the City of East Point is hereby likewise made subject to all bonds heretofore issued by said City and are bound for the payment of said bonds equally with the former territory of said City. The power of said City and the authority and control of said City is hereby extended to all of the inhabitants and territory embraced within the territory annexed by this Act to the same extent as the same exists over territory heretofore embraced within the corporate limits of said City and all laws and ordinances now in force or which may be hereafter adopted shall extend to and over all of said new territory and the inhabitants and property therein located, and all of the power, authority and jurisdiction of all of the officers, agents and employees of said City are hereby extended to all of the inhabitants and property, and over all of the territory embraced within the limits of said City as extended by this Act as fully and as completely as the same now exists over the territory heretofore within the corporate limits of said City. Extension of powers. Section 3. The dividing line between the First and Second Ward from Cheney Street West shall be a straight line from the intersection of Beech and Cheney Streets to the intersection of Montrose and Semmes Street, and thence down Montrose Drive to Kimmeridge, and west of Kimmeridge the dividing line between the First and Second Ward is to be the south line of Land Lots 165 and 188, to the City limits as fixed by this Act. All of the territory north of this dividing line annexed to said City by this Act on the west side of Main Street through said City is

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hereby made a part of the First Ward of said City and all of the territory south of said dividing line, annexed by this Act, west of Main Street is hereby made a part of the Second Ward of said City. All of the territory annexed by this Act on the east of Main Street through said City, which territory lies east of the present east limits of said City, is hereby made a part of the Third Ward of said City. Assignment to wards. Section 4. The provisions of this Act shall not become effective until submitted by the City Council of East Point to a vote of the qualified voters who are actual bona fide residents of the territory annexed by this Act for their approval of this Act, at a special election to be called by the City Council of East Point to be held in the Recorder's Court Room in the old City Hall in said City on some day between April 1, 1939, and September 1, 1939, the date of said election to be fixed by the City Council of East Point, the Managers of said election to be selected by the City Council of East Point from the territories annexed by this Act and the results of said election to be consolidated by said Managers of said election and the returns of said election to be made by said Managers to the City Council of East Point, which shall upon receipt of such returns declare the result of said election. Said election shall be held in all respects as other City elections in the City of East Point are held except as herein otherwise provided. The expense of said election and of the advertisement and notice of said election shall be paid from the Treasury of said City. The voters at said election shall have written or printed on their ballots, if they favor annexation, the words: For East Point Annexation. Those opposing the annexation of said territories shall have written or printed on their ballots the words: Against East Point Annexation. Only persons qualified to vote for members of the General Assembly of this State shall be deemed qualified voters in said special election; provided, that in addition to the requirements that

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a qualified voter shall be a person qualified to vote for members of the General Assembly of this State, it shall also be necessary that persons in order to qualify to vote in said special election shall register with the Registrar of the City of East Point for said special election, so that there shall be a special registration list for said special election, and persons may lawfully register for said special election at any time between the passage and approval of this Act and five days next preceding the date of said election. They may register up to but not later than five days next preceding the date of said election. Should a majority of the qualified voters of the combined territories annexed to said City by this Act, voting at said election upon said question, vote in favor of the annexation of said territories in said City, this Act shall immediately upon the declaration of the result of said election become of full force and effect, and the territories hereinbefore described shall become and be a part of the City of East Point, but not otherwise. Referendum by residents of territory to be annexed. Section 5. If any section, clause or paragraph, or part of a section, clause or paragraph 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 of any other part, section, clause or sentence, but shall be confined in its operation to the section, clause, paragraph, sentence or part of this Act directly involved in the controversy in which such judgment shall have been rendered. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1939.

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EASTMAN CITY MANAGERREFERENDUM. No. 151. An Act to amend an Act entitled an Act to create a new Charter for the City of Eastman; to consolidate the Acts relating to the rights and powers of said Corporation; to enact amendments thereto, and for other purposes, approved August 6th 1921 as amended August 15th 1922, as published in the Acts of 1921, page 883, et sequentia and Acts of 1922, page 808, et sequentia; to repeal and strike Sections 30, 31 and 32 of said Acts as amended, and inserting and substituting new sections 30, 31 and 32; to provide for the holding of a special election 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 that from and after the passage and approval of this Act the Acts of 1921, page 883, et sequentia and the Acts of 1922, page 808, et sequentia be amended as follows: Section 1. That Sections 30, 31 and 32 of the said Acts of 1921, page 883, et sequentia, approved August 6th 1921, as amended by Acts 1922, page 808, et sequentia, approved August 15th 1922, be stricken in their entirety, and three new sections to be numbered Sections 30, 31 and 32 be inserted and substituted in lieu thereof and to read as follows: Acts of 1921 and 1922 amended. (New Section 30) There shall be a City Manager for the City of Eastman, who shall be elected by the registered qualified voters of the City of Eastman on the first Monday in December of each and every year, and who shall hold his office for twelve months, and until his successor is duly elected and qualified, unless sooner removed as hereinafter prescribed. Said City Manager shall be resident of the City of Eastman when elected, and shall take over the duties of his office on the first of January following his election. At such time he shall file with the City Council

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a bond to be approved by the Council conditioned for the faithful performance of his duties as said City Manager. City manager. Vacancies in the office occasioned by death, resignation, removal or otherwise shall be filled by the Council of the City of Eastman until an election for filling said vacancy shall be called by the Council; it being hereby made the duty of the Council to call such an election to be held as other elections in said city are held not less than ten nor more than thirty days after such vacancy occurs, which election shall be for the purpose of electing a City Manager to fill the balance of such unexpired term. Vacancy. (New Section 31) The City Manager shall be responsible to the Council for the proper administration of all the affairs of the city placed in his charge; he shall by virtue of his office be ex-officio Clerk of said City, and shall perform the duties of Clerk of the Council, and shall devote his entire time to the duties of the office. All subordinate officers, such as policemen, firemen, superintendent of water works and city hospital, etc., shall be appointed by the Council. The City Manager shall act as Treasurer of the City and the Council shall consider this in fixing the amount of his bond. The Council shall fix the salary of the City Manager in such amount as they deem proper, not less than twelve hundred dollars nor more than fifteen hundred dollars per year; the Council may employ a bookkeeper to assist the City Manager in keeping the records of the city and shall fix the salary of such bookkeeper. Duties. Other officers. Salary of manager. (New Section 32) If, at any time after the election and induction into office of a City Manager as herein provided, as many as one fourth of the qualified voters of the City of Eastman shall file with the City Council a petition requesting a recall election to recall the City Manager said Council shall call a special election for that purpose; fixing the same at not less than ten nor more than twenty days from the date of filing the petition, and if a majority of those voting in said election shall vote to recall the City

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Manager he shall be recalled, and a new City Manager elected as herein elsewhere provided. Such recall election shall be held as directed by the Council which shall prepare proper ballots therefor. The expense of such election shall be paid by the City of Eastman. Recall. Section 2. This Act shall have no force or effect until same shall have been submitted to and approved by a majority of the qualified voters of the City of Eastman, voting at a special election to be called by the Council of the City of Eastman within 60 days after the approval of this Act by the Governor. Said election shall be held under the rules governing special elections. There shall be printed on the ballots used in said election the following: Referendum. For amendment to the City Charter of Eastman as provided in Act known as House Bill 141 passed by 1939 General Assembly. Against amendment to the City Charter of Eastman as provided in Act known as House Bill 141 passed by 1939 General Assembly. Those favoring the approval of this Act shall vote for amendment to the City Charter of Eastman. Those opposing this Act shall vote against amendment to the City Charter of Eastman. Should a majority of the qualified voters participating in said election vote for the amendment to the City Charter of Eastman, this Act shall be of full force and effect, and the City Council shall within 30 days call an election for City Manager by the qualified voters of the City of Eastman. If a majority of the qualified voters participating in said election vote against the amendment to the City Charter of Eastman, then this Act shall be of no effect but shall be null and void. Section 3. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 8, 1939.

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EATONTON COLORED SCHOOLS. No. 394. An Act to amend the Act approved December 12th, 1892, and amendments thereto, authorizing a system of public schools for the City of Eatonton, by repealing so much of said Act and amendments thereto as may create or authorize a separate board of trustees for the colored schools of said City, and by amending said Act so as to confer upon the board of trustees of the Eatonton Male Female Academy full power and authority over said colored schools as the said board may now or hereafter have over the white schools of said City, and for other purposes: Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage and approval of this Act, the Act approved December 12, 1892, authorizing a system of public schools to be established and maintained in the City of Eatonton, and all amendments thereto, be, and the same are hereby amended as follows and by adding a new section to be known as Section 12 thereto: Section 12. The board of trustees of the colored schools of said City of Eatonton is hereby abolished, and so much of said Act approved December 12th, 1892, and Acts amendatory thereof, as may create or authorize a separate board of trustees for the colored schools of said City is hereby repealed; and in lieu of said separate board of trustees for said colored schools, the board of trustees now existing for the Eatonton Male and Female Academy, and its successors, shall be and is hereby authorized and empowered to exercise full control over the colored schools of said City in the same manner and to the same extent it may now or hereafter exercise over the white schools of said City. It being the purpose of this Act to consolidate in the hands of the board of trustees of the Eatonton Male

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Female Academy for white children all of the powers and authorities heretofore vested in or exercised by such colored board of trustees, said board of trustees of the Eatonton Male Female Academy shall be, and is hereby vested with title to all real and personal property belonging to said colored schools, with such right of conveyance and alienation and all other rights and powers incident to such title, subject, nevertheless, to the purpose of its trust; and said board of trustees shall have full control and management of the colored schools and their operation; including all powers necessary or incident thereto. Nevertheless, nothing in this Act shall alter or change the method of distribution of funds belonging to or prorated between the white and colored schools of said City, nor shall said colored schools be hereby deprived of any of the benefits incident to its rights. Control of colored schools. Be it further enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 24, 1939. EDGEHILL CITY CHARTER. No. 144. An Act to incorporate the City of Edgehill, in the County of Glascock, State of Georgia; to define its territorial limits; to provide for all ordinances, rules, regulations and resolutions; to declare and constitute the rights and powers of said city; to provide the rights, powers, duties and qualifications of all officers and the manner of their election or appointment; to provide for a mayor's court, the trial and punishment therein of all offenders against the laws and ordinances of said city and appeal therefrom; to provide for the assessment, levy and collection of an ad valorem tax and all other taxes; to provide for all matters and things necessary and proper or

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incident to a municipal corporation; to grant certain powers and privileges to the same, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the City of Edgehill, in the County of Glascock, State of Georgia, be and the same is, hereby incorporated as a city, under the name of the City of Edgehill, with perpetual succession. Corporate name. Section 2. Be it further enacted by the authority aforesaid, that the corporate powers of said city shall be vested in a mayor and three councilmen, and by the name of Mayor and Council of the City of Edgehill, they may sue and be sued, plead and be impleaded, and exercise all the corporate powers that may be necessary in performing their duties. Government. Section 3. Be it further enacted by the authority aforesaid, that the corporate limits of said city shall extend four hundred yards in each direction from the center of the present justice court house building of the 1234th., district of Glascock County, Georgia, now located at Edgehill. Territory. Section 4. Be it further enacted by the authority aforesaid, that E. R. Williams, be and he is hereby constituted and appointed mayor, and J. T. McNeal, H. H. Hawkins and Henry T. Raley, be, and they are hereby constituted and appointed councilmen of said city of Edgehill, to hold their office until the first election, as hereinafter provided. Mayor and councilmen named. Section 5. Be it further enacted by the authority aforesaid, that on the first Saturday in December, 1940, and every two years thereafter on the same day, and election shall be held in the council chamber in said city for a mayor and three councilmen, who shall hold their offices for two years, and until their successors are elected and qualified. The city officers elected on the first Saturday in December, 1940, shall take office on the first Monday in January 1941, and hold office for two years, and all future officers shall

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hold office for terms of two years. No person shall vote or be eligible to the office of Mayor or Councilmen, who are not qualified to vote for members of the General Assembly of this State. Said election or elections shall be held and conducted in the same manner as elections for officers in the State, and the certificate of the election managers shall be sufficient authority to the persons elected, to enter upon the discharge of their duties of the office to which they have been elected. In the event that the office of mayor or any member of the board of councilmen shall become vacant, by death, resignation, removal or other cause, the mayor, or in case his seat is vacant, the majority of the councilmen shall order a special election, notice of which shall be given at least twenty days before said election is held, the same to be conducted as provided in this Act, or a majority of said councilmen, in their discretion may fill said vacancy by appointment, until the next regular election. Elections. Vacancies. Section 6. Be it further enacted by the authority aforesaid, that before entering on the discharge of their duties the mayor and councilmen shall subscribe to the following oath, which may be administered by any person authorized by the laws of Georgia to administer oaths: I do solemnly swear that I will faithfully discharge all the duties devolving on me as mayor, or councilmen, as the case may be, of the City of Edgehill, Glascock County, Georgia, according to the best of my ability and understanding, so help me God. Oath. Section 7. Be it further enacted by the authority aforesaid, that the mayor and councilmen shall have power and authority to pass all laws and ordinances that they may deem necessary for the government of said city and the protection of property and of the citizens of said city; provided, that they be not repugnant to the Constitution and laws of Georgia and the United States. General powers.

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Section 8. Be it further enacted by the authority aforesaid, that the mayor and councilmen shall have the power and authority to levy and collect a tax not exceeding three mills on the dollar, upon all property, both real and personal, within the corporate limits of said city, and the same may be enforced by execution issued by the clerk of the City of Edgehill, and by sale of property, as in sales of property liable for State and county taxes; all levies of tax execution to be made by the marshal or chief of police and to be conducted as sales by the sheriffs of Georgia in case of levy of tax executions. They shall also have power to require all persons within said city who are subject to road duty under the laws of this State to work on the streets of said city, or they may prescribe a commutation tax which may be paid in lieu of work upon the streets, provided however, the officials of said city need not levy and collect any taxes at all, if in their discretion no taxes are needed. Property tax. Commutation tax. Taxes optional. Section 9. Be it enacted by the authority aforesaid, that the mayor of said city, and his absence the mayor pro tem, who shall be elected by the councilmen from their own number, shall be the chief executive officer of said city; he shall see that the ordinances, by-laws, rules and orders of the council are faithfully executed; he shall have control of the marshal or chief of police of said city, and may appoint special police whenever he may deem necessary, and it shall be his duty especially to see that the peace and good order of the city is preserved, and that persons and property therein are protected, and to this end he may cause the arrest and detention of all riotous and disorderly persons of said city; he shall have power to issue executions for all fines, penalties and costs imposed by him, or he may require the immediate payment thereof, and in default of immediate payment, he may imprison the offender in the city jail, or in the county jail of Glascock County, Georgia, or in any other jail used by the Sheriff of Glascock

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County, Georgia, or may require the offender, after being duly convicted, to work on the streets of said city. Powers and duties of mayor. Section 10. Be it enacted by the authority aforesaid, that in said mayor's court, the mayor, or person presiding for said mayor, when any person or persons is convicted of the violation of any of the laws or ordinances of said city, may sentence said convicted person to pay a fine not to exceed twenty dollars, or in default of said payment, be imprisoned in jail for not exceeding twenty days, or required to work on the streets of said city for not exceeding twenty days. Sentences in mayor's court. Section 11. Be it enacted by the authority aforesaid, that the officials of said city, may elect a clerk and treasurer of said city, in the event they decide that these officers are necessary. Said officials of said city shall elect or appoint a marshal or chief of police of said city, and all other police officers that may be necessary. All of the officers of said city, such as clerk, treasurer, marshal or chief of police, may be required to give bond for the faithful performance of their duties. Other city officers. Section 12. Be it enacted by the authority aforesaid, that the mayor, councilmen, clerk and treasurer of said city shall not receive any compensation for their services, and the marshal or police officer or officers of said city may be given, as compensation, such portion of the fines collected by said city, as the mayor and councilmen may think proper. Compensation. Section 13. Be it enacted by the authority aforesaid, that the mayor and councilmen of said city shall have power and authority to tax all shows, auctioneers, sleight of hand performances, gift enterprises, pool and billiard tables, wheels of fortune and other like enterprises, as they may deem most to the interest of said city, provided however, no tax shall be levied on these enterprises of more than five dollars per day. Tax on shows, etc.

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Section 14. Be it enacted by the authority aforesaid, that the mayor and councilmen of said city may tax, license and permit beer, liquor or other intoxicating liquors sold within the limits of said city, provided the same is also permitted by the laws of Georgia and the United States, or said city officials may prohibit such sales entirely if they deem it best so to do. Liquor. Section 15. Be it enacted by the authority aforesaid, that the mayor and councilmen of said city shall have the power to regulate, control and tax the sale of fish and fresh meats within the limits of said city, if they so desire. Fish and fresh meats. Section 16. Be it enacted by the authority aforesaid, that any person convicted of any offense in the mayor's court of said city, may carry his case to the Superior Court of Glascock County, Georgia, by writ of certiorari, in the same manner as cases are carried or appealed from the justice court to Superior Courts by writs of certiorari. Certiorari. Section 17. Be it enacted by the authority aforesaid, that the mayor and councilmen may pass such laws and ordinances as may be necessary to prevent stock from running at large within the limits of said city. Animals at large. Section 18. Be it enacted by the authority aforesaid, that any person or persons shall not be required to reside within the limits of said city in order to be eligible to hold the offices or positions of mayor, councilmen, clerk, treasurer, marshal or chief of police, but any of these officials may reside anywhere within the 1234th., district of Glascock County, Georgia, however, only persons residing within the limits of said city shall be entitled to vote in the city elections. Residence of officials. Section 19. Be it enacted by the authority aforesaid, that the authority to carry out and effectuate by ordinance each and every power and right granted to the City of Edgehill by this Act, is hereby expressly conferred on the mayor and councilmen of said city; and said mayor and

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city council shall have generally the power and authority to make and pass such rules, laws, by-laws, and ordinances as shall appear to them needful or requisite for preserving or promoting the peace, dignity, health, good order and welfare of said city and its inhabitants. General powers. Section 20. Be it enacted by the authority aforesaid, that the road officials of Glascock County, Georgia, shall continue to have jurisdiction over the working of the roads and streets within the limits of said city, and shall work and keep the same in repair, without cost to the city, and in the event any public road or street in said city is graded, paved or otherwise improved, it shall be the duty of the County of Glascock or the State Highway Department to bear the expense of the same, including the cost of the right of way. Jurisdiction of roads and streets. Section 21. Be it enacted by the authority aforesaid, that any section, sub-section, sentence, clause or phrase of this Act is for any reason held to be unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect the validity of the remaining parts of this Act, for that it is hereby declared to be the intention of the General Assembly of Georgia to adopt each and every section, sentence, clause or phrase without reference to the constitutionality of any other portion of this Act. Section 22. 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 and this Act and charter shall become effective immediately upon its passage by the General Assembly of Georgia and the approval of the Governor. Approved March 6, 1939.

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ELBERTON GROUP INSURANCE. No. 312. An Act to amend an Act providing a Charter for the City of Elberton, approved December 19, 1896, and all Acts amendatory thereto, so as to authorize the City to contract for, procure and maintain group life, accident or disability insurance upon and for the benefit of the officers and employees of said City; to repeal conflicting laws, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, that an Act providing a charter for the City of Elberton, approved December 19, 1896, (Acts of 1896, page 148-156), be and the same is hereby amended by adding the following: Said City of Elberton shall have power and authority by and through the Mayor and City Council of the City of Elberton to contract for, procure and maintain group life, accident or disability insurance upon and for the benefit of the officers and employees of said City. Group insurance for employees. Section 2. Be it further enacted that all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved March 24, 1939. EPWORTH CHARTER REPEALREFERENDUM. No. 395. An Act to repeal An Act to incorporate the Town of Epworth in the County of Fannin; to define its limits; to provide a municipal government therefor; to grant certain privileges to said Town; to provide for the election of officers; to prescribe their duties, rights, powers, and to provide for a referendum, and for other purposes, approved August 18, 1906.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that An Act to incorporate the Town of Epworth in the County of Fannin; to define its limits; to provide a municipal government therefor; to grant certain privileges to said Town; to provide for the election of officers; to prescribe their duties, rights, powers, and to provide for a referendum, and for other purposes, approved August 18, 1906, be and the same is hereby repealed. Act of 1906 repealed. Section 2. Be it further enacted that before the provisions of this Act shall go into effect the same shall be submitted to the qualified voters of the said Town of Epworth, at an election to be held in said Town of Epworth on the 1st day of April, 1939, and the same to be held under the same laws, rules and regulations as elections for Mayor and Councilmen are held under the present charter of the said Town of Epworth. Those in favor of repealing the charter of the said Town of Epworth shall have written or printed on their ballots the words For Repeal; those opposed to the repeal of said charter shall have written or printed on their ballots the words Against Repeal. The returns of said election shall be made to the Mayor and Councilmen, who shall declare the result thereof, and if a majority of the qualified voters of the said Town of Epworth vote in favor of repeal, then this Act shall go into effect, but if a majority of the registered, qualified voters vote against repeal, this Act shall not go into effect, and the present charter of the said Town of Epworth shall remain in full force and effect; and, in the event said election is in favor of repeal of the said charter of the Town of Epworth, the Mayor and Councilmen shall have until the 1st day of May, 1939, to pay up all just, outstanding obligations and debts of the said Town of Epworth, and to transact any other business that will be necessary to finally conclude the fiscal or other matters affecting the said Town of Epworth. Referendum.

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Section 3. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1939. FITZGERALD WATER AND SEWER LINESHOUSE CONNECTIONS. No. 124. An Act to amend an Act amending and revising the charter for the City of Fitzgerald and entitled: An Act to amend an Act to incorporate the City of Fitzgerald, and establishing a new charter therefor, approved August 22, 1907, and the several Acts amendatory thereof, and for other purposes, approved August 17, 1914, and the several Acts amendatory thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the existing charter of the City of Fitzgeraldn, as contained in the Act approved August 17, 1914, and all Acts amendatory thereof, be, and the same is hereby amended, by adding to said charter a new section to be known and designated as Sec. 70-a and to be inserted in said charter immediately following Sec. 70 of said existing charter of said city, and to read as follows: Act of 1914 amended. Sec. 70-a. In addition to and cumulative of the rights, powers and authority vested in the City of Fitzgerald and its Mayor and Aldermen under the provisions of Section 70 of the existing charter of said city, the Water Light Bond Commission of said City of Fitzgerald, whenever the owner or owners of real estate abutting on or adjacent to any street, way or alley in which water mains or sanitary sewer lines are now or may hereafter

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be installed, shall be unable or fail or refuse to make the necessary connections to connect such premises with said water mains or sanitary sewers, may, at its option and in its discretion, establish and install water lines and sewerage lines on private property to connect such property and premises thereon with the water mains and sanitary sewerage system of said city and install the necessary fixtures in the premises, including toilet, lavatory, bath and sink, or any part thereof, pay the entire cost of making such connections and installing such fixtures from the revenues of the water and light plant and system of said city, and assess the entire cost thereof as a charge against the real estate so improved, including the improvements thereon; provided that such cost shall in no instance exceed the sum of One Hundred Dollars. Any such assessment so made, together with interest thereon, and the expense of collection, shall constitute a lien against the real estate so assessed as of the date of such assessment and such lien shall be coequal with the lien of city taxes and prior to and superior to all other liens against such real estate and may be enforced by execution against such real estate in the same manner as liens for taxes and with the right of the owner to file an affidavit of illegality in the same manner and under the same conditions as are provided in the case of tax executions. When any such assessment shall have been made against the real estate upon which such improvements are made as herein provided, said Water, Light Bond Commission may permit such owner to pay such assessment in equal monthly installments over a period not exceeding thirty months and such installments shall bear interest at the rate of seven per cent. per annum from the date of such assessment. Whenever such assessments are paid in installments, the assessment, together with interest thereon and expense of collection, shall constitute a continuing lien against the property and, in the event of default in the payment of any installment, the entire unpaid balance

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of such assessment, together with interest thereon, shall become due and payable and execution may be issued for the full amount of the unpaid installments and accrued interest thereon and enforced in the same manner as liens for taxes. The Mayor and Council of the City of Fitzgerald shall have full power and authority, by appropriate ordinance, to prescribe such rules and regulations as they may deem necessary for carrying into effect the powers herein conferred. Assessment of cost against property. Monthly installments. Section 2. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved March 3, 1939. FOREST PARK LIMITS EXTENDED. No. 347. An Act to amend an Act approved August 14, 1908, creating and establishing a charter and municipal government for the Town of Forest Park, in the County of Clayton, and the Acts amendatory thereof, so as to change, enlarge, and extend the corporate limits of the Town of Forest Park, in the County of Clayton, 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 14, 1908, creating and establishing a charter and municipal government for the Town of Forest Park, and the Acts amendatory thereof, be and the same is hereby amended so as to change, enlarge and extend the corporate limits of said Town of Forest Park, by including therein the following additional and contiguous territory described as follows, to-wit: Act of 1908 amended.

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Beginning at a point five hundred fifty-two (552) feet west from the southwest corner of present limits; running thence north five thousand six hundred thirty-four and six-tenths (5634.6) feet to made corner; thence east six thousand three hundred seventy-four (6374) feet to made corner; thence south five thousand six hundred thirty-four and six-tenths (5634.6) feet to made corner; thence west five hundred forty-two (542) feet to southeast corner of present limits; thence north five thousand two hundred eighty (5280) feet to made corner; thence west five thousand two hundred eighty (5280) feet to made corner; thence south five thousand two hundred eighty (5280) feet to made corner; and thence west five hundred fifty-two (552) feet to 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 Town of Forest Park when this Act goes into effect, and such territory, residents, and property shall be subject to all of the laws and ordinances governing said Town of Forest Park, at all times, to the same extent as the territory, residents, and property of said Town of Forest Park are subject. Extension of powers. Section 3. Be it further enacted by authority aforesaid that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 24, 1939. FOREST PARK ZONING. No. 348. An Act to authorize the Town of Forest Park 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:

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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 Town of Forest Park and the governing authorities of said town are hereby authorized and empowered to enact zoning and planning laws whereby the said town 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. Zoning. Section 2. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 24, 1939. GLENNVILLE CHARTER AMENDMENTS. No. 64. An Act to amend an Act entitled An Act to create a new charter for the City of Glennville in the County of Tattnall, approved August 21, 1911, as amended by the Act approved August 4, 1923, and by the Act approved July 27, 1925, and by the Act approved August 1, 1927, and by the Act approved August 26, 1931, so that the Mayor and Council shall have the right to hire and discharge the City Clerk and Treasurer, and fix his salary for the services; so that the Recorder's fees and salary may be prescribed by the Mayor and Council; to prescribe the jurisdiction of the Recorder's Court; so that the ad valorem tax on property shall not exceed one and one-fourth per cent of the valuation thereof; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act the charter of the City of Glennville, as approved

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August 21, 1911, and as later amended, be and the same is hereby amended as follows: Section 2. Be it further enacted by the authority aforesaid, that Section 3 of the charter of the city of Glennville, as provided for in the amendment approved August 26, 1931, be and the same is hereby amended by striking from the tenth line of said section the words, city clerk, so that said section, when so amended, shall read as follows: Section 3. Be it further enacted by the authority aforesaid, that section 4 of the charter of the city of Glennville, as approved August 4, 1923, be and the same is hereby repealed and the following enacted in lieu thereof: Section 4. Be it further enacted by the authority aforesaid, that an election shall be held in the city hall or council chamber in the City of Glennville on the second Wednesday in December 1931, and annually thereafter on the same date. Said election shall be for the election of a mayor, and a councilman from each of wards one and three, all of whom shall be elected to serve two years. Thereafter elections shall be held annually, the terms of two councilmen expiring each year, and the terms of all elective officers shall be for two years, and all officers shall serve until their successors are elected and qualified, and shall be elected by a plurality of the consolidated vote of the entire city. Act of 1931 amended. Election of mayor and councilmen. Section 3. Be it further enacted by the authority aforesaid, That section 37 of said charter be and the same is hereby repealed, and the following enacted in lieu thereof: New Sec. 37. Section 37. Be it further enacted by the authority aforesaid, That the Mayor and Council shall have the power and authority to elect and hire a City Clerk who shall be and is hereby made ex-officio city tax-receiver, ex-officio city tax-collector and ex-officio clerk of the Recorder's Court, and shall perform all and singular the duties usually incident to such offices. The said city clerk shall be elected at any time the Mayor and Council may determine and his term of office shall be at the will

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and pleasure of the said Mayor and Council, they, the said Mayor and Council, having the right to hire and discharge the said city clerk at any time they may desire, and may discharge the said city clerk with or without any notice and generally have supervision and jurisdiction over the appointment and suspension of the said city clerk. The said city clerk shall attend all meetings of the Mayor and Councilmen, and of the Recorder's Court, and keep all minutes, books, files, records, and all documents and papers used in connection with the said office, the said papers to be kept in a neat and orderly manner; to collect all fines, taxes and all other money due the city; attend to the issuance of all licenses, permits, sign and issue all writs and processes for the collection of all taxes due the city, and shall perform such other duties as may be required of him by the Mayor and Councilmen, or by ordinance of the city, and all incident to the duties of his office. He shall keep his office open at such time as the Mayor and Councilmen may prescribe. Said city clerk shall at all times be subject to the jurisdiction of the mayor and councilmen. Upon the removal of the said city clerk thus appointed and named by the said city of Glennville he shall receive no further compensation. The said city clerk shall be at the time of his appointment a resident of the said City of Glennville and of good moral character and before entering upon the discharge of his duties shall be required to take an oath to properly discharge and perform the duties of his office, and shall give a good and sufficient surety bond in the sum of five thousand dollars, payable to the mayor and his successors in office, for the benefit of the city, and for the use and benefit of the public to secure and indemnify the city and the public for any loss or damage by reason of his default, misfeasance, malfeasance, nonfeasance or negligence. Said city clerk shall receive for his services such salary as may be fixed by the mayor and council, which shall not be less than fifty dollars per month, nor more than one

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hundred twenty five dollars per month, which salary shall be paid monthly. The said Mayor and Council shall have the right to employ or hire a clerk to succeed one they have previously hired and discharged. City clerk. Section 4. Be it further enacted by the authority aforesaid, that section 6, as approved August 26, 1931, be and the same is hereby amended by striking from the twenty second line of said section and lines twenty three, twenty four, twenty five and part of twenty six of said section, the words, and shall receive as compensation a salary not exceeding $100.00 per annum, the amount to be fixed by the council, and, in addition to this, such court cost as may be fixed by the council, for every case tried by him, so that said section, when so amended, shall read as follows: Section 6. Be it further enacted by the authority aforesaid, that section 20 of said charter be and the same is hereby repealed and the following enacted in lieu thereof: Section 20. Be it further enacted by the authority aforesaid, that the office of recorder be and the same is hereby created, and Hon. H. B. Bacon shall be and is appointed recorder of said City of Glennville, to serve for one year, beginning January 1, 1932, and until his successor is elected and qualified; and if for any reason there is a vacancy in said office before January 1, 1933, the same shall be filled by the City Council. Thereafter the recorder shall be elected annually by a majority vote of the city council; and should there be a tie in the vote of council, the Mayor may vote as usual in cases of tie: Said election to be at the first meeting in January of each year: and the recorder shall hold office for one year and until his successor is elected and qualified. Any male qualified voter of said city, of good moral character, is qualified to hold said office, and this officer may be removed by the council for misconduct or neglect of duty, as provided for concerning other officers. Before entering upon his duties he shall take the same oath as prescribed for Mayor and Councilmen, and shall receive as compensation such salary

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or fees as the Mayor and Council may fix and prescribe. The said salary may be from $1.00 to $500.00 per annum or in lieu of said salary the said Mayor and Council may pay to the said Recorder thus elected by them the court costs in cases tried in said court. The amount of salary and costs to be left in the discretion of the Mayor and Council, it being left in their power to fix a salary or allow any part of the costs for his compensation in every case tried by him. His court shall have all the authority now vested by charter in mayor's court of said city. Act of 1931 amended. Recorder. Section 5. Be it further enacted by the authority aforesaid that section 21, of said charter as approved August 26, 1931, be, and the same is hereby repealed, and the following enacted in lieu thereof: Section 21. Be it further enacted by the authority aforesaid, that the recorder, or, in his absence or disqualification, the Mayor, or, in case of the absence or disqualification of both the recorder and the mayor, any member of the City council may hold a recorder's court for the trial of all offenders against the laws and ordinances of said city as often as may be necessary. The recorder's court shall have jurisdiction of all offenders of any ordinances of said city and all misdemeanor offenses against either the State or city committed within the city limits of the said City of Glennville. Said court shall have the power to preserve order, compel the attendance of witnesses, compel the production of books, papers, and other documents to be used in evidence, and to punish for contempt. The punishment for any violation of any city law or any misdemeanor offense either against the ordinances of the said City or as punishable by the laws of the State of Georgia, or rule shall be a fine not exceeding two hundred dollars, or imprisonment and labor on the streets, or imprisonment in the guard-house or county-jail, or may be turned over to the County or State authorities to work and labor on the Tattnall County Public Works Camp or to the Tattnall State Prison at Reidsville, or such other place where the

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offender may lawfully be placed at work, for a term not exceeding twelve months; either one or both of these penalties may be imposed in the discretion of the court. The punishment for contempt shall be a fine not exceeding one hundred dollars, or imprisonment in the county-jail or guard-house not exceeding twenty days; either one or both of these penalties may be imposed in the discretion of the court. Provided, however, that any judgment of the city council may be suspended by the writ certiorari in accordance with the laws being hereby given. The city council shall have the right to establish a city chain-gang in said city, to own and possess a guard-house, and to provide for the confinement of offenders therein during the time they are not at work, and to provide for their maintenance during the period of their imprisonment. The city employees in charge of convicted offenders shall have the right to administer such reasonable discipline to such offenders as may be necessary to enforce obedience to the rules and regulations which may be prescribed by the city council. New Sec. 21. Recorder's court. Section 6. Be it further enacted by the authority aforesaid, that 26 of said charter, as approved August 26, 1931, be and the same is hereby amended by striking from the seventeenth line of said section the words, one per cent, so that said section, when so amended, shall read as follows: Section 26. Be it further enacted, that for the purpose of raising revenue for the support and maintenance of the government of the City of Glennville, including the payment of bonds, interest on bonded debts, and the creation of a sinking-fund for the final extinguishment of any bonded debt, and for grading, working, or paving streets, the mayor and council of said city shall have full power and authority for the assessment, levy, and collection of an ad valorem tax on all real and personal property owned or held within the corporate limits of said city, which under the laws of this State is subject to

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taxation, not exceeding one and one-fourth per cent of the assessed value of all such property. Act of 1931 amended. Ad valorem tax. Section 7. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 21, 1939. GLENNVILLE RECORDERS COURT. No. 369. An Act to amend an Act approved February 21st, 1939, being House Bill No. 351, entitled An Act to amend an Act entitled `An Act to create a new charter for the City of Glennville in the County of Tattnall, approved August 21, 1911', as amended by the Act approved August 4, 1923, and by the Act approved July 27, 1925, and by the Act approved August 1, 1927, and by the Act approved August 26, 1931, so that the Mayor and Council shall have the right to hire and discharge the city clerk and treasurer, and fix his salary for the services; so that the recorder's fees and salary may be prescribed by the Mayor and Council; to prescribe the jurisdiction of the recorder's court; so that the ad valorem tax on property shall not exceed 1% of the valuation thereof; and for other purposes, by striking Section 5 of said 1939 Act in its entirety and inserting in lieu thereof a new Section 5 so as to enact a new Section 21 of the charter of the City of Glennville, so as to provide for a recorder's court; to define the jurisdiction, rights, powers, and duties of said recorder's court, and what penalties may be imposed by it; to provide that judgment of the city council may be suspended by the writ of certiorari; to provide that the city council may establish a city chain gang, own and possess a guard-house and keep and maintain prisoners; to provide that city employees in charge of convicts may discipline them; 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 an Act approved February 21, 1939, being House Bill No. 351, entitled An Act to amend an Act entitled `An Act to create a new charter for the City of Glennville in the County of Tattnall, approved August 21, 1911', as amended by the Act approved August 4, 1923, and by the Act approved July 27, 1925, and by the Act approved August 1, 1927, and by the Act approved August 26, 1931, so that the Mayor and Council shall have the right to hire and discharge the city clerk and treasurer, and fix his salary for the services; so that the recorder's fees and salary may be prescribed by the Mayor and Council; to prescribe the jurisdiction of the recorder's court; so that the ad valorem tax on property shall not exceed 1% of the valuation thereof; and for other purposes, be, and the same is hereby, amended by striking Section 5 of said 1939 Act in its entirety, and inserting in lieu thereof a new Section 5 to read as follows: Act of 1939 amended. Section 5. Be it further enacted by the authority aforesaid that Section 21 of said charter as approved August 26, 1931, be and the same is hereby repealed, and the following enacted in lieu thereof: New Sec. 5. `Section 21. Be it further enacted by the authority aforesaid that the recorder, or in his absence or disqualification, the mayor, or in case of the absence or disqualification of both the recorder and the mayor, any member of the City Council may hold a recorder's court for the trial of all offenders against the laws and ordinances of said City as often as may be necessary. The recorder's court shall have jurisdiction of all offenders of any ordinance of said City when the offenses are committed within the City limits of the said City of Glennville. Said court shall have power to preserve order, compel the attendance of witnesses, compel the production of books, papers and other documents to be used in evidence, and to punish for

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contempt. The punishment for violation of any city law or ordinance or rule shall be a fine not exceeding $200.00 or imprisonment and labor on the streets, or imprisonment in the guard-house or such other place where the offender may lawfully be placed at work, for a term not exceeding twelve months; either one or both of these penalties may be imposed in the discretion of the court. The punishment for contempt shall be a fine not exceeding $100.00, or imprisonment in the guard-house not exceeding twenty days; either one or both of these penalties may be imposed in the discretion of the court. Provided, however, that any judgment of the city council may be suspended by the writ of certiorari in accordance with the laws hereby given. The City Council shall have the right to establish a city chain gang in said city, to own and possess a guard-house, and to provide for the confinement of offenders therein during the time they are not at work, and to provide for their maintenance during the period of their imprisonment. The City employees in charge of convicted offenders shall have the right to administer such reasonable discipline to such offenders as may be necessary to enforce obedience to the rules and regulations which may be prescribed by the City Council.' Recorder's court. Section 2. That all laws or parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved March 21, 1939. GREENSBORO CITY CHARTER. No. 205. An Act to create a new charter for the City of Greensboro in the County of Greene, and to reincorporate said city under the name of the City of Greensboro, 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 July 27,

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1904, heretofore passed incorporating said 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 Greensboro and relating to the rights, powers, and duties of said corporation; to declare and constitute the rights and powers of said corporation; to provide the rights and powers, duties and qualifications of all officers and employees, and the manner of their election and removal from office; to provide for the government of said city by a mayor and 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,

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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 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 apportionment of the costs; to provide for the proper condemnation of property for public use; 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 the 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 the city may do such work and hold and enforce lien therefor; to provide for a general policing and all police law 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; to establish and maintain educational facilities; and for other purposes.

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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 Greensboro shall remain as provided in the charter of the City of Greensboro, to-wit: Territory. The corporate limits of the City of Greensboro shall be one mile from the center of the intersection of Broad and Main streets in the present City of Greensboro, Georgia, in each and every direction from said point. Section 2. General powers. That from and after the passage of this Act the Municipal Government of said City of Greensboro 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 mayor and 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 Greensboro, 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

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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 in conflict with this charter or the Constitution and laws of this State or the United States. Government and general powers. 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, streetrailways, automobiles, bicycles, carriages, drays, hacks, wagons, airships, livery-stables, and sale-stables, warehouses, storehouses, hitching-places, markets, slaughterhouses; sleeping apartments, restaurants, cafes, operahouses, 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, barbershops, 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

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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. Powers of mayor and aldermen. Section 4. Election of Mayor and Aldermen. On the first Saturday in April, 1940, and every two years thereafter, an election shall be held, at which election a mayor and five aldermen shall be elected, who shall take office on the first Monday 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 of mayor and aldermen. All candidates, in such elections, shall file with the clerk of said city, at least fifteen 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 aldermen 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. 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 administer oaths by law, take and subscribe the following oath: I do solemnly swear that I will to the utmost of my ability faithfully discharge my duties as mayor (or as alderman) of the City of Greensboro, during my continuance in office. So help me God. Oath.

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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 Greensboro. Qualifications. 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 Greene 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' qualifications. Section 8. Registration books. Said mayor and aldermen shall 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 Greensboro for ninety days, and that I am qualified to vote for the members of the State Legislature in the County of Greene. No person not so registered shall be allowed to vote in any election. Permanent registration book. Section 9. Registration of electors. 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.

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Section 10. Close registration. List electors. Whenever any general or special election is to be held in said city, it shall be the duty of the clerk to close said registration book one week 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 books 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 one week 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. Closing of book. Board of registrars. Section 11. Purging registration. Appeal. There may be an appeal from the decision of the board of registrars, as to the right of a person to register, to a committee of three registered voters of said city 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

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registered person by mailing same to him at Greensboro, Georgia. Appeal from board of registrars. 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 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. List of registered voters. Section 13. Illegal voting. Any person voting at any city election who is not qualified to vote according to the provisions of this charter shall be guilty of a misdemeanor, and upon conviction be punished as prescribed for a misdemeanor punishment by the Penal Code of the State of Georgia. Illegal voting. Section 14. Managers and rules for election. All elections held under the provisions of this charter shall be managed by a Justice of the Peace of 143rd district of Greene County or the Ordinary of said County, with two registered voters of said City or by both of said officers and one of such voters or by three registered voters of said City, in the discretion of the mayor and council, neither of whom shall be a candidate. Before entering upon their duties as managers, each manager shall take or subscribe before some officer authorized by law to administer oaths, the following oath: Each of us do swear that we will faithfully and impartially conduct this election according to law, and will prevent all illegal voting to the best of our skill and knowledge, and make true returns thereof, so help me God. Management of elections. 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 Greene County Courthouse in said city or other convenient place designated by the mayor and aldermen. All voting shall be by secret ballot. The polls shall open at eight o'clock A. M., and close at four

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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. 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 shall deliver all election and ballot papers to him. Said clerk shall destroy said papers in thirty days after the election, if no contest or contests shall be filed. Said mayor and 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. Section 15. Order at polls. On all elections in said city the mayor, in conjunction with marshal, chief of police of the City of Greensboro, sheriff of Greene County and other officers, shall take all necessary measures, steps and precautions to preserve order, to prevent the carrying any weapon, and to secure to the electors the right to deposit their ballot at the polls without fear of harm, or intimidation. No officer of said city or manager of any election precinct shall threaten or intimidate or persuade any elector at such election. Good order at polls. 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.

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Section 16. Contest of election. If the result 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 Greene 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 ordinary shall, by written notice, require the clerk of said city to have and produce at said hearing the ballot box and any other papers or records that he may deem necessary, or that any party may request, said notice to be served upon said clerk at least two days before the hearing. Election contests. Section 17. 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.

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Section 18. 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. Punishment of managers for violation. Section 19. 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. Section 20. Officers Take Office. All officers elected shall take office on the first Monday after said election, or as soon thereafter as is practicable, and shall meet at the usual place for holding meetings in the City of Greensboro. Should the mayor or any alderman be absent from said meeting, he or they may take oath of office as soon thereafter as possible. Time of taking office. Section 21. 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 number a mayor pro tem, who shall in the absence of the regular mayor, act for him in his stead and be clothed with all the powers of the mayor. Mayor Pro Tem. Section 22. 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. Council meetings. Section 23. 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

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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 24. 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. Section 25. 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. Absence of mayor. Section 26. 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 vacancy or vacancies shall be filled at an election by the mayor and remaining members of aldermen. In case of the death of the mayor, his resignation, removal from office, removal from the city or from a vacancy from any other cause in the office of mayor, the said aldermen shall elect a mayor of said city either from their own number or by the election of any citizen of said city, who is qualified to hold said office. A quorum is hereby declared to consist of three aldermen besides the mayor or mayor pro tempore. Vacancies. Section 27. Officers, Election, Duties, Bonds, Suspension. At the first meeting of the mayor and aldermen in April after any regular election of the mayor and aldermen, the mayor and council, shall elect a city clerk and treasurer who may be one of the aldermen, a superintendent of

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waterworks, city attorney, 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 Greensboro and conditioned for the faithful performance of their duties, and for the accounting of all moneys entrusted to their keeping. 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 time by said mayor and aldermen in their discretion. The mayor and aldermen shall have the further right and authority to employ such additional help 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. 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 officer shall be given trial by said mayor and aldermen. Other city officers. Section 28. Special Policemen. The mayor and aldermen may also appoint special policemen when in their judgment such appointments may be necessary, and may

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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. Special 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. Section 29. 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 upon said marshal or policeman other than placed upon them by the general law of this State. City not liable in unlawful arrest. Section 30. 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

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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. Duties of mayor. He shall be clothed with a 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 31. 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 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 power. Section 32. 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 Greene and, shall be fined not more than one hundred

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($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. Section 33. Salaries of the Mayor and Aldermen. The compensation of each of the aldermen of the City of Greensboro shall be three ($3.00) dollars, each per council or board of education meeting, payable monthly, provided, that no alderman shall receive said compensation for any meeting he does not attend, and they as well as all city officers shall be exempt from street tax. Compensation of mayor and aldermen. The mayor shall receive a salary to be fixed by the aldermen, not to exceed three hundred ($300.00) dollars per year, payable monthly. Section 34. 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 of police or marshal until the next regular meeting of the mayor and aldermen when this body shall elect a successor. Temporary chief of police or marshal. Section 35. 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 shall require. Before entering upon his duties, said marshal shall take and

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subscribe such oath, and give such bond as may be prescribed and required by the mayor and aldermen. Duties of marshal. Section 36. 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. Duties of clerk and treasurer. He shall also act as clerk of the police court and shall attend all sessions thereof, and shall sign and issue all processes, summons, and all attachments and executions for fines and other writs issued out of said court, all of which shall bear test in the name of the mayor. He shall keep all records of said court, receive all fines imposed in said court and account for same as directed by the mayor and aldermen. Said clerk shall have jurisdiction coexistent with the Justices of the Peace of the State of Georgia, for the purpose of issuing criminal warrants and other warrants. Section 37. 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 Greene County, and bring them before the police court for trial or commitment; provided, that all persons not intoxicated, or otherwise dangerous,

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desiring to give bail for their appearance before such police court in bailable cases, shall be allowed to do so. Arrest, bail, 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. Control of police force. Section 38. 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 Greensboro. 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. Violations of State laws. Section 39. Taxing Powers. The City of Greensboro shall have power and authority to impose, levy and collect taxes annually 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, as may be deemed necessary by the mayor and aldermen for the support of the government of said city. Taxes. Exclusive of the tax for school purposes, for which provisions is hereinafter made, and, also exclusive of license, occupation, sewer rent, and other special tax or license charges, for which provision is made in this Act, the tax levy, including the tax authorized for bonded indebtedness and sinking fund, shall not exceed one per cent. Limit. Said levy for school purposes shall not exceed one-half of one per cent upon all property subject to taxation by the City of Greensboro. Limit on school tax.

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Section 40. 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 to pay bonds. Section 41. License and Specific or Occupation Taxes. The mayor and aldermen shall have full power to levy such license and specific or occupation taxes on the residents of the City of Greensboro, 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. Business licenses.

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They may fix a fiscal year and time for all licenses to expire, and may apportion said licenses, but shall not be required to do so. Fiscal year. Said mayor and aldermen may, by ordinance, provide for the punishment of all persons, firms, or corporations who are required by ordinance to pay said special tax and to register, who shall engage in or offer or attempt to engage in such business, calling or profession, without first complying in all respects with the city ordinances in reference thereto. Violations. Section 42. 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 sale of creams, ices, etc., livery-stables, sale-stables, and lots, hacks, drays, and other vehicles, auctioneers, vendue masters, itinerant traders, theaters, and theatrical performances, dummy or street railroads, oil-mills, ice works, laundries, waterworks, shows, circuses, and exhibitions of all kinds, itinerant 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, tenpin alley, upon the keeper of any table, device, stand, or place for the performance of any game or play, whether played with sticks, balls, or rings, or other contrivances, 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

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all and every other establishment, business, calling, trade, or avocation not heretofore mentioned, and which under the Constitution and laws of Georgia are subject to license or specific tax. Control of trades, etc. Enumeration of powers and object in this section shall not restrict. 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 occupational taxes and registration and permits and for punishment of violation thereof. Section 43. 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 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 as opportunity to be heard. Revocation or refusal of licenses. Section 44. 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, sewer rents, paving, 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

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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 Greensboro who are authorized to levy the same upon any property of the person against whom such execution shall have issued, and the same shall be sold by the marshal or his deputy at public outcry, under the laws for the sheriff's sales, to the highest bidder, before the door of the courthouse of Greene 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 weeks in the public gazette wherein the sheriff's sales are advertised, or in some other newspaper published in Greene 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 sheriffs of the State have. Executions and sales. Whenever it shall become necessary to levy such an execution outside of the City of Greensboro, a new execution may issue directed also to all and singular the sheriff, deputy sheriff, and constables, of this State, who shall be authorized to levy and sell as in sheriff's sales under judgment and execution. Such sales as provided for herein shall be as effectual to pass the title as the deed of the person against whom said execution was issued. Title.

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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. Right of redemption. The City of Greensboro may buy property sold under any such tax execution under the same terms and provisions as is provided for in the purchase by counties in the State of Georgia at tax sales, the owners having the same right of redemption as recited therein, and the City of Greensboro the same right of sale thereof as set forth therein should said property not be redeemed. Section 45. 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 shall elect a Board of Tax Assessors in January of each year to serve for that year, to consist of three members. 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. The property owned by said three members shall be assessed by the mayor and aldermen in that year. Said assessors shall receive reasonable compensation for their services, to be fixed by the mayor and aldermen. Provided, however, that the provisions of this section shall not apply to property assessed for ad valorem taxation by the State Revenue Commission under the provisions of Section 92-5903 of Georgia Code of 1933 and Act No. 296, Extra Session of 1937-1938. Board of Tax Assessors.

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Section 46. 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 Greensboro 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 Greensboro 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 reassessment may be made upon said property at any time within seven years, and no new returns shall be required or permitted by said property and all hearings, notices, appeals, and other procedure shall be governed by the same rules and made in the same form and manner as provided herein for matters of taxation generally. Change in assessments. Section 47. Tax Assessments, Notices, Hearings. When any property subject to taxation by the City of Greensboro has not been returned for taxation by the first 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 the City clerk within ninety days after the

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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 the property assessed, and shall inform the owner that he may be heard on the justice and fairness of said assessment and of the time and place of the hearing, at which time and place a full, legal hearing shall be afforded by said board. Said notice shall be by mail, not registered, to the last known address of the owner of such property, and no other notice whatever shall be required. Proof of the mailing of said notice shall be conclusive evidence that said notice has been given as required. If, for any reason, such notice cannot 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. Failure to return. Low returns. Section 48. 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 the decision by the Board of Tax Assessors give notice in writing to the city clerk, demanding an arbitration, giving the name of his arbitrator, and the Board of Tax Assessors shall name its arbitrator within three days thereafter, and the two arbitrators within three days shall select a third arbitrator, and upon failure so to do a third arbitrator shall be named by the Ordinary of Greene County within five days and the decision of said Board of Arbitrators shall be final. Said arbitrators shall be bona fide taxpayers and voters of the City of Greensboro and shall own real estate therein and must render their decisions within ten days after the naming of the third

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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. Appeals from board of assessors. The same right of appeal shall exist in case of re-assessments as provided for in section 46 hereof. Such appeals are in lieu of any other appeal. Section 49. 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. Date of tax lien. Section 50. 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 the city clerk on or before February 1st of each year. All such property shall be returned at its fair market value on a form prescribed by said city, and sworn to by the owner, his agent, or person making such returns. The city clerk is hereby empowered to administer a legal oath to persons making such tax returns. Tax returns. Section 51. Tax When due; Execution Costs. The taxes on property levied by the City of Greensboro shall be due and payable on the 15th day of December 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 Greene County and in

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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. Due date of taxes. Executions. 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. Said mayor and aldermen shall have authority to allow payment of taxes levied under this Section in equal quarterly installments on March 15th, June 15th, September 15th, and December 15th, and to allow the following discounts on all or any part of said taxes paid on or before September 15th of the year in which levied, as follows: A discount of not more than six per cent may be allowed if paid before March 15th; a discount of not more than four per cent if paid after March 15th but before June 15th; a discount of not more than two per cent if paid after June 15th but before September 15th. The discounts herein provided for may or may not be allowed in the discretion of the mayor and aldermen by proper ordinance. Payment in installments. Section 52. Tax Sales; Redemption Recitals in Deeds. All sales of property under execution in favor of the City of Greensboro shall be as effectual to pass title as the deed of the person against whom said execution was issued, but the right of redemption shall exist as provided in section 44 of this charter; provided, that in all cases where property has been bought in by said city at taxsale, 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. Title, redemption, etc. Recitals of levy notice, advertisement, public sale, and all other usual provisions in deeds executed under sales for

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taxes and other executions in favor of the City of Greensboro shall be evidence of the facts recited. Section 53. 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., of other fi fas., issuing from the various courts of this State. Such claim or illegality to be returned to and heard in Greene Superior Court or the Justice Court of the 143rd District, G. M. said county according as the jurisdiction thereof may be. Claims and illegalities. Section 54. 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 Greene Superior Court and to be punished as for a misdemeanor. Sinking fund. Section 55. 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 56. Waterworks. The City of Greensboro is authorized to own and operate a system of waterworks for supplying 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. System of waterworks.

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Section 57. Public Utilities. Said City of Greensboro shall also have power and authority to own and operate and control and regulate for the best interest of the said City of Greensboro any other public utility. Ownership of other utilities. Section 58. Police Court. Jurisdiction Power. There shall be a police court established for the City of Greensboro 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 of Greensboro 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. Section 59. Punishment, etc. Powers of the Mayor. The mayor of the City of Greensboro shall have power to impose fines for the violation of any law or ordinance of the City of Greensboro, passed in accordance with its charter, to an amount not to exceed one hundred ($100.00) dollars, or to imprison offenders in the city jail or the county jail of Greene County for the space of not more than ninety days, or at labor on the public works and streets of the City of Greensboro, or Greene County chain gang for not more than ninety 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

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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 ten ($10.00) dollars or imprisonment in the said prison or county jail for not more than ten days or labor upon the public works and the streets of the City of Greensboro or Greene County chain gang for not more than ten days. Fines may be collected by execution. Powers, etc. 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 Greene 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. Warrants and bail. Section 60. 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 Greene 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. Commitment. Section 61. 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 Greene County, under the laws of the State of Georgia regulating the granting and issuance of writ of certiorari. Certiorari. Section 62. Officers, Process, etc., of Police Court. The duties of the clerk of said city, the chief of police,

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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. Process, etc. Section 63. Rules of practice in the Police Court. The rules of practice in said police court, so far as practicable shall be the same as the rules of practice in the Superior Courts of this State, including the rules of evidence. All officers shall be legal witnesses on trial. Practice. Section 64. 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 and certiorari, and providing for the forfeiture of all bonds. Court rules. Section 65. Remission of Sentence, etc. The mayor of said City of Greensboro 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. Modification of sentences. Section 66. Officers of Court. The ministerial officers of the mayor's court shall be the marshal and policemen of the City of Greensboro to whom all mesne and final processes shall be directed. All of said officers or a sufficient number shall attend the sessions of the court for the purpose of executing the orders of said court, and shall do and perform such and other duties connected with said court as may be required of them by the mayor. Court officers. Section 67. Arrests. Bonds. The chief of police, marshal and all other policemen of the City of Greensboro shall have power and authority to arrest all persons in said city, guilty of disorderly conduct or public indecency,

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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 Greene 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, etc. The mayor and aldermen may designate who shall take such bonds, in which event no other person may take them. Section 68. 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 Greensboro, 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. Section 69. 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 rule nisi. Cash may be accepted in lieu of

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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 Greensboro. Forfeiture of bond. Section 70. Counsel. All persons put on trial in the police court shall have opportunity to employ counsel if they so desire. Counsel. Section 71. Sessions of Court. The police court of said city shall be held at such times and place as the 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. Sessions. Section 72. 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. Bystanders to aid arrests. Section 73. Fire Department-Officers, 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

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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 74. Markets. License and Control. The Mayor and aldermen shall have the 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 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. Control of markets. City market. Section 75. 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 city. Committees. Section 76. 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 therefor. Nuisances per se may be abated and the perpetrators

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punished even though not designated as nuisance by ordinance. Nuisances. Section 77. 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, blacksmithshops, tanyards, livery-stables, forges, stoves, and chimneys, steam mills, steam grist-mills, millponds, fertilizer plants, gasoline-stations, garages, mercantile ginneries, fishponds, warehouses, hacks, drays, automobiles, bicycles, and other contrivances of like kind, railroad crossings, the moving of trains and buses through the city, and to abate or cause to be abated or cause the removal of the same or any one of them in case they become a nuisance or dangerous or injurious to the health of the city. They shall have power to fill up all open cellars or excavations in said city, or cause the owners to do so when they shall deem it necessary for the public 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. Other powers. Section 78. Paving, etc., Streets and Sidewalks. Assessments against Property Owners. Sales. The mayor

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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 each lot or parcel of land abutting upon said improvement 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, 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. Paving. Assessments. 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.

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Such sale shall vest absolute title in the purchaser. Said city marshal, or policeman acting for him shall have authority to eject occupants and put 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, 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 before the determination of whether or not paving shall be had to provide by ordinance for such notice to property-owners and others interested as in the judgment of said mayor and aldermen shall be proper, likewise by ordinance to provide for the hearing and determination of any objection, and 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.

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Nothing herein shall prevent the city from paying a larger part of the cost of any such work and making other agreements with abutting property owners with reference thereto. It is the intention of this Act to enlarge the power and authority of the City of Greensboro as to paving and street improvements, and nothing herein shall be construed to prevent the mayor and aldermen of said city from proceeding under the provisions of Chapter 69-4, Sections 69-401-434, both and all inclusive, of the Code of Georgia of 1933, referring to Street improvements in municipalities having a population of 600 or more, which provisions have already been heretofore adopted by said city, after an election duly held, approving the same, provided said governing authority should see proper so to do. Former provisions of force. Section 79. Bonds for improvements, etc. Said City of Greensboro shall have power to issue and sell interest bearing negotiable bonds of the municipality for the purpose of purchasing lands, buildings, erecting buildings, improving property, purchasing equipment, purchasing improvements, paying for condemned property taken for public use, whenever necessary and authorized by general law and whenever the provisions of the general laws are complied with, and when done for the purpose of properly furnishing said municipality and the citizens and inhabitants thereof with proper schools, 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 and land, buildings and equipment for school purposes and for public parks and recreation grounds and cemeteries. 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

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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. Bonds. Section 80. 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 to levy and collect a 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. Tax to pay bonds. 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. Said mayor and aldermen are hereby authorized to issue interest coupons, payable annually, for the interest on said bonds. Section 81. 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. Execution and sale of bonds. Section 82. 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 Greensboro, 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

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who are selling the same illegally. The marshal or any policeman of said city shall have full power and authority to enter, and if necessary to break open and enter, any place within the police jurisdiction under the proper search warrant, which may be issued upon the affidavit of any person that he has reasonable cause to believe there is a blind tiger, or place where intoxicating liquors are being kept for the purpose of illegal sale, and to seize and hold as evidence all intoxicating liquors found therein. And after such liquors so seized have answered the purpose of evidence, they may on order of the mayor, or other officer trying such offender, in addition to the other penalties for, be destroyed. Liquor. Section 83. 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 and cemeteries. Section 84. 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 tht 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. Regulations for fire prevention. 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

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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. Section 85. 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. General welfare. Section 86. Board of Health. Powers. That there may be a board of health for said city, to consist of the mayor, one competent physician, and one or more citizens to be named by the mayor and aldermen; 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 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 prevention of the generation and introduction of infectious and contagious diseases of all kinds. They shall likewise exercise absolute power over the subject of quarantine, and from time to time recommend to the mayor and 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

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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, provided, no such board is named. Health. The mayor and aldermen shall have authority to appropriate funds of the city to effectuate the purposes of this section. Section 87. 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 Greensboro, 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 Greensboro 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. Control of streets. The mayor and aldermen of the City of Greensboro 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,

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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. Section 88. Zoning and Planning Laws. The mayor and aldermen of the City of Greensboro 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 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

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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. Section 89. 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 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. Sewerage. They shall also have full power and authority to comple 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

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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 of maintaining a nuisance. The city authorities or any agent of the city shall have the right, power, and authority to enter and go upon the premises of any one after notice for the purpose of 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. Section 90. 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

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sale under which shall convey title, and shall be made as provided herein for tax sales. Rubbish, etc. Section 91. 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 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 92. 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

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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 93. Furnishing Water and/or Lights to Non-Residents. The mayor and alderman of said city, shall have the right to make contracts with persons residing beyond the city limits to furnish them with water or lights, or both whenever the same can be done, without interfering with the service of the city water plant, or light plant, to the inhabitants of the city. Water and lights to non-residents. Section 94. 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 95. Power to Preserve Order, etc. The mayor and aldermen of Greensboro 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. Other general powers. Section 96. Power over Streets. Paving. The mayor and aldermen of the City of Greensboro shall have the power and authority to open, close, lay out, widen, straighten, or otherwise change the street, alleys, sidewalks,

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crossings, or other passageways 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 passageways 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, sidewalks, pavements, public buildings, or public works, of said

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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. Control of streets. Section 97. 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. Sale of public property. Section 98. Be it further enacted, that the mayor and aldermen 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 99. Commutation Tax. All male residents of said city between the ages of 21 and 50, who have resided in said city for 30 days before the first day in January, shall be subject to work the streets of said city, not to exceed five 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 of the mayor. Commutation tax.

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Section 100. 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 Greensboro, or either of them, in accordance with the provisions and ordinances passed in pursuance thereof. Charter as a defense. Section 101. 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 persons committing or attempting to commit crime or who have violated or attempted to violate any of the penal ordinances of said city and the marshal or any policeman of the city shall have the right to take up all such person or persons and confine them in the guard-house to await their trial. Guard-house. Section 102. 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. Trains and buses. Section 103. Parking and speed of vehicles. The mayor and aldermen shall have full power and authority to regulate the rate of speed and parking of buses, trucks, automobiles, trailers and all motor and other vehicles upon the streets, alleys and other public places of said city, and to provide for punishment of violations thereof. Parking and speed of vehicles. Section 104. Continuing present charter. Provisions. All other Acts heretofore approved by the General Assembly to City of Greensboro, 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. Former provisions of force.

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Section 105. Continuing present ordinances etc. This Act shall not abolish any of the ordinances rules or regulations in said city, except where they come in conflict with this charter, but shall preserve and continue the same. Section 106. Condemnation of property. The City of Greensboro shall have the power and authority to condemn land and property for any public use, to wit: For streets, alleys, sidewalks, ditches, drainage, schools, school grounds, public play grounds, parks, public libraries, waterworks, light plants, cemeteries, jails, and for any and all public uses, when needed, under the rules and methods and regulations as are now provided by law. Condemnation. Section 107. Be it further enacted that the Board of Education of the City of Greensboro shall consist of its mayor and aldermen, and all the rights, powers and privileges and authority heretofore granted to its Board of Education shall be and the same is hereby vested in said mayor and aldermen. Schools. That the present public school system of said city is hereby continued of full force and authority. Be it further enacted that the State Superintendent of Schools or other lawful State authority is hereby authorized and required to pay directly to the City of Greensboro the pro rata share of the State School fund to which the City of Greensboro is entitled. Section 108. 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 impairing the validity 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 Greensboro any powers or authorities in excess of any such permitted by the Constitution

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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. Section 109. All laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Section 110. That all the provisions of said charter shall become effective and in full force immediately after said charter is approved. Effective date. Approved March 20, 1939. HAPEVILLE CHARTER AMENDMENTS. No. 359. An Act to amend an Act to incorporate the City of Hapeville, Georgia, approved September 16, 1891, and several Acts of subsequent years amendatory thereof, so that the Mayor and Council of the City of Hapeville shall have power and authority within its discretion by ordinance or resolution to allow taxes, both ad valorem and special, to be paid in installments on such dates as it may designate and to give such discount as in its discretion may seem wise: Also to allow the City of Hapeville to designate any newspaper it sees fit, which has been published within the limits of the City of Hapeville for a period of two years, to carry legal advertisements of the City of Hapeville. Section 1. Be it enacted by the General Assembly, and it is hereby enacted by the authority of the same that from and after the passage and approval of this Act the Mayor and Council of Hapeville shall have power and authority within its discretion by proper ordinance or resolution to allow the payment of all taxes to the City of Hapeville to be paid in installments on such dates as the Mayor and Council by ordinance or resolution may

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designate, and shall further have power and authority to give such discounts as within its discretion may be proper for the payment of such taxes on the dates named in the ordinance or resolution. Payment of taxes in installments. Section 2. Be it further enacted by the authority, aforesaid, that said Mayor and Council of the City of Hapeville shall have power and authority to designate by proper ordinance or resolution any newspaper published within the limits of the City of Hapeville for a period of two years or more as the legal organ of said City to publish all legal advertisements of said City in the manner required by law. Official organ. Section 3. Be it further enacted by the authority, aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1939. JACKSON CITY LIMITS. No. 390. An Act to amend an Act approved August 8, 1908, creating a new charter for the city of Jackson, so as to define the corporate limits thereof. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that from and after the passage of this Act, a new section shall be added immediately following Section 1 of an Act to create a new charter for the city of Jackson, approved August 8, 1908; said section to be known as Section one A; said section to read as follows: Act of 1908 amended. Section 1A. The boundary of said city of Jackson as referred to in Section 1 hereof shall be as follows: Beginning at an iron stake on the boundary running North and South between the city of Jackson and the

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town of Pepperton, One hundred feet South of the center line of the Southern Railway main line between Macon and Atlanta; thence North Zero true a distance of One Hundred Forty Three feet; thence North twenty degrees West True a distance of three thousand and twenty five feet; thence ninety degrees West true a distance of two thousand one hundred seventy three feet to the East right-of-way of Southern Railway; thence along the eastern boundary of the said right-of-way in a northwesterly direction a distance of four hundred fifty-five feet to the point where the district line between the 612th and 615th G. M. districts Butts County intersects the said right-of-way of the Southern Railway. Thence South one hundred eighty degrees true along said district line a distance of Five Hundred Sixty One feet to the intersection of Yellow Water Creek and said district line: thence along the run of said creek in a northerly direction a distance of four hundred sixty four feet to the Western Boundary of the right-of-way of the Southern Railway; thence in a southeasterly direction along the Western boundary of said railway to a point where a spur track intersects the main line of said railroad leading to the old feed mill, a distance of Five hundred Ninety Four feet from where the north boundary of the city of Jackson running West ninety degrees true intersects the East boundary of the said railroad right-of-way; thence South thirty-five degrees West true a distance of Nine hundred eight feet; thence Ninety degrees true a distance of three thousand four hundred and six feet; thence South Zero degrees true a distance of One thousand four hundred seventy two feet; thence South Fifty degrees true a distance of One Thousand three hundred twenty three feet; thence South forty degrees East true a distance of Two thousand Five hundred sixty two feet; thence East a distance of Nine hundred twenty four feet; thence South Zero degrees true a distance of Nine Hundred feet; thence East Ninety degrees true a distance of Nine hundred feet; thence North forty-five

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degrees East true a distance of Nine Hundred feet back to the aforesaid East and West line; thence East Ninety degrees a distance of four thousand five hundred fifty four feet; thence North Zero degrees true a distance of Six hundred eight feet to the point of beginning. Boundary. Section 2. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1939. JACKSON ELECTIONS. No. 156. An Act to amend an Act to create a new charter for the City of Jackson, so as to change the time of holding elections thereof. Section 1. Be it enacted by the General Assembly of the State of Georgia, that from and after the passage of this Act that Section Five of the Act to create a new charter for the City of Jackson, approved August 8, 1908, be amended by striking the word January in line one of said section and substituting in lieu thereof the word November and also by striking from said section the words from the date of in line sixteen thereof and substituting in lieu thereof the words beginning January first next after, so that when such section five is amended same shall read as follows: Act of 1908 amended. Section 5. On the first Wednesday in November of each year there shall be elected from among the qualified voters of said city a mayor of said city and one alderman for each of the four wards thereof and school trustees as provided in the forty-sixth Section hereof. The persons elected as aldermen shall be bona fide residents of the wards for which they shall be elected respectively. Such elections shall be held by three managers to be appointed

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by the mayor and aldermen of said city, such managers to be freeholders and qualified voters of said city. Such managers shall make a return of such election to the mayor and aldermen then in office, who shall declare the result and cause the same to be entered upon the minutes of their proceedings. The mayor and aldermen so elected shall hold office as such for one year beginning January first next after such election and until their successors respectively shall be elected and qualified. All persons qualified to vote at such election who shall have bona fide resided in said city for sixty days next preceding the date of such election, shall be entitled to vote for members of the legislature from Butts County and shall have complied with the requirements of all ordinances which may have been passed by said mayor and aldermen under the fifty-first section hereof providing for registration of voters of said city. Election of officers. Section 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 8, 1939. JACKSONVILLE CITY CHARTER. No. 330. An Act to create and incorporate the City of Jacksonville, in the County of Telfair, and grant a charter to that municipality under that corporate name and style; to prescribe and define the corporate limits thereof; to provide a municipal government for said city, and to declare the rights, powers, privileges and liabilities of said corporation; to authorize said city to issue bonds and other evidences of debt for public purposes, such as for waterworks, sewers or other means of sanitation, or to levy and collect a tax for the construction of waterworks, sewers or other means of sanitation; to declare

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and define the police powers of said city, and to declare and define the duties and powers of the officers of said city; to provide for the election of a mayor and council of said city, authorizing them to make and enforce the ordinances of the same, and for all other necessary purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the City of Jacksonville in Telfair County, Georgia, be and the same is hereby incorporated as a city under the name of Jacksonville. Corporate name. Section 2. That the municipal government of said city shall be vested in a mayor and five councilmen, who are hereby constituted a body corporate under the name and style of the City of Jacksonville, and by that name and style shall have perpetual succession; shall be capable of contracting, buying and holding property, suing and being sued; shall have all the incidental rights conferred by law and all rights hereinafter conferred; L. L. Wells being hereby appointed and designated mayor of said city, and Walter Wells, H. D. Fussell, D. T. Wilcox, L. A. Dopson and J. J. Clark are appointed and designated as councilmen of said city to serve until their successors are elected and qualified. The mayor and council shall hereafter be elected annually on the first Thursday in January in an election to be at the same public place in said city between the hours of 1 and 4 o'clock p. m.; said election to be held by three persons resident of said city who are qualified voters. Said election shall otherwise be conducted as are elections for the members of the General Assembly of Georgia, and the qualifications of voters shall be the same as in elections for members of the General Assembly of Georgia, except that in all succeeding elections no resident of said city may vote in the elections thereof unless he has registered with the mayor in a book for such purpose, 10 days before the election, making affidavit that he is qualified to vote for members of the General Assembly of Georgia,

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and owes no taxes to the said city which are past due. The said election managers shall ascertain and make public the results of said election by posting the same conspicuously in writing at the place of election, and, if no contest, the persons declared elected shall take office on the first Tuesday in February. After the first election and in all succeeding elections the election returns shall also be made to the existing mayor and council who shall canvass the same and preserve them for six months. Any contest of elections shall be had as now provided by law of Georgia, and any illegal voting to be punished as provided by the law of Georgia. Government. Mayor and councilmen named. Elections. Contests of elections. Section 3. The said mayor and council shall, after election, each take and subscribe the following oath in their minute book: We each do swear that we will faithfully and impartially administer the laws of the City of Jacksonville, Georgia, to the best of our skill and ability. Oath of officers. Section 4. Said mayor and council shall hold regular monthly meetings, and any call meetings, when desired, to conduct the government of said city. They shall have authority to enact any ordinance or laws for the government of said city permitted by its charter. All such laws and ordinances shall be enacted in the following manner: Any proposed ordinance shall be presented in written form to the mayor and council in regular session for two sessions, and shall receive a majority vote of the entire body (three votes) at two sessions before becoming a law, after which it must be recorded in their minute book kept by the mayor. Ordinances. Section 5. Said mayor and council shall have authority to define offenses against the government of said city; to prescribe penalties and provide for the enforcement of its laws; to elect a marshal for said city and fix his salary; to require him to make bond to the said mayor and council in such sum as they may deem proper for the faithful performance of duty. Such marshal shall be elected annually

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for one year, and he shall arrest all persons violating the laws of said city, with or without warrant or summons, and carry them before the mayor for trial. He shall be the ministerial officer of the mayor's court and shall enforce its sentences or collect its fines; for all such services he shall receive such fees as the constable would receive for similar services in the justice court, to be taxed in the cost bill. He shall also enforce all the laws of said city and orders of the mayor and council. Said marshal shall also be paid a monthly salary to be fixed by the mayor and council of said city, or a majority thereof. Offenses, marshal, mayor's court, etc. Section 6. The said mayor and council shall have the right to levy a tax on all the property in said city, not to exceed five (5) mills per annum, the rate to be determined by a resolution supported by a majority vote and entered on their minutes. All taxes shall become due December 1, after which the mayor may issue fi. fas. for the collection of unpaid taxes which may be levied by the marshal; property to be sold, if personalty, before the place of holding election in said city after 10 days' advertisement by posting three notices in said city; if realty, to be sold in the same place after four weeks' advertisement in a newspaper of said county; the marshal shall execute deeds of title. All property in said city shall be returned to the mayor for taxation, and entered in book for tax returns, and all property existing in said city on January 1, 1939 shall be taxable that year against the owner. All taxes, fines, and forfeitures shall be collected and held by the mayor and disbursed by him. He shall give bond to the members of the council after each election in the sum of three hundred ($300.00) dollars for the faithful performance of his duty. Property tax. Tax sales. Section 7. The mayor shall hear and try all cases against persons charged with violations of the laws of said city and upon conviction may impose a fine not to exceed fifty ($50.00) dollars, or in lieu thereof imprisonment at labor

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on the street or public works of said city not exceeding 25 days, or either, in his discretion. If the mayor is disqualified, a mayor pro tem., elected by the council, shall act. Mayor's court. Section 8. The said mayor and council shall have authority to lay off and maintain the public streets of said city and impose and collect annually of each citizen thereof who would be liable to pay the county commutation road tax the sum of two ($2.00) dollars as personal street tax. Streets and street tax. Section 9. The said mayor and council shall have authority to construct waterworks and sewers, paying for same with public funds of the city or by charges made for the use of such privileges. They shall have the authority to enact reasonable sanitary regulations and to enforce same. Waterworks. Section 10. The mayor's salary shall be fixed annually by the council of said city and shall be paid out of the public funds of said city's treasury and all other legal or necessary expenses of the government of said city, not otherwise provided for, shall likewise be paid. Salary of mayor. Section 11. Be it further enacted, That the corporate limits of said city shall extend as follows: Beginning at the Old Dobson and Wilcox Store Building in the City of Jacksonville, Georgia, and extending in a radius of one-half mile in each direction. Territory. Section 12. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1939. JONESBORO ZONING. No. 28. An Act to authorize the City of Jonesboro to enact zoning ordinances 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. 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 Jonesboro 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. Zoning. Section 2. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved February 10, 1939. LAKELAND TERRITORIAL JURISDICTION. No. 123. An Act to amend a certain Act approved August 11, 1925, entitled An Act to change the name of the Town of Milltown to the City of Lakeland and to incorporate the municipality of Milltown in Lanier County under the corporate name of the City of Lakeland, and to provide a new charter for the City of Lakeland; to amend the charter of the City of Lakeland and to confer upon said city extra territorial jurisdiction within certain adjacent and nearby territory for general purposes and specific purposes, which may be approved by the Mayor and City Council of said City, for the best interests and general welfare of the said City and its inhabitants; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority

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of the same, that the Act of the General Assembly approved August 11, 1925, entitled An Act to change the name of the Town of Milltown to the City of Lakeland and to incorporate the municipality of Milltown in Lanier County under the corporate name of the City of Lakeland, and to provide a new charter for the City of Lakeland, be and the same is hereby amended by the following additional enactment to be known as Section 2(a) immediately following Section 2 and immediately preceding Section 3, reading as follows: Act of 1925 amended. Section 2. Section 2(a). Be it further enacted that the City of Lakeland shall be capable in law to purchase, hold, enjoy, receive, possess, retain and manage in perpetuity any and all lands, tenements or hereditaments of every kind and description whatsoever, or any interests in real or personal property within or without the corporate limits of said City, for general purposes and for any specific purpose, which may be approved by the Mayor and City Council of said City for the best interests and general welfare of the said City and its inhabitants. Said general and/or specific purposes shall be construed to include the objective of acquiring adjacent and/or nearby lands and acreages to be used for the developing and operating park and recreational areas, and protective areas for the development, propagation and improvement of wild life, including fishes, birds and animals; and the said City of Lakeland shall be capable in law to sell, lease, alien, convey, exchange or dispose of the same or any part thereof. Authority to hold land for certain purposes. Section 3. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 3, 1939.

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LAWRENCEVILLE BOARD OF EDUCATION. No. 316. An Act to amend an Act approved December 15th, 1893, entitled An Act to establish a system of public schools in the Town of Lawrenceville, Georgia, also to amend an Act, entitled Election of Board of Education, approved Aug. 13th, 1931, which provides that all members of the Lawrenceville Board of Education of the public schools system of Lawrenceville Georgia be elected by the qualified voters of the City of Lawrenceville, Georgia. Section 1. 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 the passage of this Act, that the Mayor of the City of Lawrenceville, Georgia, shall be an Ex Officio member of the Lawrenceville Board of Education. Mayor to be member. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1939. LEESBURG CLERK AND TREASURER. No. 364. An Act to amend an Act entitled An Act to establish a new charter for the town of Leesburg, in the county of Lee, State of Georgia, to grant certain privileges to said town, to repeal all Acts in conflict, to define the limits of the same; to provide for the election of officers, to prescribe their duties, rights and powers, and for other purposes approved December 21, 1898, so as to provide that the Clerk and Treasurer shall be elected by the Mayor and Councilmen at the beginning of each administration, and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That Section III of an Act entitled An Act to establish a new charter for the town of Leesburg, in the county of Lee, State of Georgia, to grant certain privileges to said town, to repeal all Acts in conflict, to define the limits of the same; to provide for the election of officers, to prescribe their duties, rights and powers, and for other purposes, approved December 21, 1898, be and the same is hereby amended by striking therefrom the words and a Clerk and Treasurer, so that said Section as amended shall read as follows: Act of 1898 amended. Sec III. Be it further enacted, That an election under this charter shall be held at the court-house of said town, or in such place as the mayor and council may prescribe, on the first Thursday in January, 1899, and on the first Thursday in January every year thereafter, for a mayor and five councilmen, who shall hold their office for one year (unless sooner removed in the manner prescribed by law) and until their successors are elected and qualified; and should there fail to be an election in said town at the time above specified, or in any year thereafter, from any cause whatever, or should a vacancy occur from death, resignation or otherwise, in the office of mayor or council of said town, the mayor (or Mayor pro tem.) shall order an election to fill said vacancy, by posting notice at the courthouse door of said town and at three public places in said town, said notice shall be posted ten days before said election; provided, however, if the vacancies herein described occur when the term of office of said retiring or deceased mayor or councilman is less than six months before the next current election, the mayor and council may appoint, in case of the death, removal or resignation of the councilman of said town, or the mayor pro tem. shall fill the unexpired term of such retiring mayor in case of a vacancy in the office of mayor. It shall be the duty of the mayor and council

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retiring to turn over the affairs of the town to the newly elected mayor and council on the First Tuesday in February following said election, Mayor and councilmen. Section 2. Be it further enacted by the authority aforesaid, That the said Act establishing a new charter for the town of Leesburg, approved December 21, 1898, be and the same is hereby amended by striking therefrom Section VIII, relating to the election of a Clerk and Treasurer, and substituting in lieu thereof the following Section to be known as Section VIII: Sec VIII. Be it further enacted, That at the beginning of each administration, the mayor and council shall have full power to elect a clerk and treasurer for said town, who shall be under the authority of the mayor and council of said town, and removable by said mayor and council for violations of rules and regulations prescribed by this Act or by council, in carrying out the provisions of this Act, for his official duties and conduct. Vacancies in said office shall be filled by election by the mayor and council. The Clerk and Treasurer shall take an oath to faithfully perform the duties as Clerk and Treasurer, and give bond with good security in an amount to be fixed by the council and approved by the mayor. He shall hold office for one year, unless sooner removed, and until his successor is elected and qualified. His salary shall be fixed by council at the time of election and shall not be changed during his term of office. No person shall be eligible to the office of Clerk and Treasurer unless he shall have resided in the town of Leesburg at least one year immediately preceding his election, and shall be a qualified voter of Lee County. Clerk and treasurer. Section 3. This Act shall become effective at the expiration of the present term of office of the Clerk and Treasurer of the town of Leesburg. Effective date.

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Section 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved March 24, 1939. LESLIE CHARTER AMENDMENTS. No. 213. An Act to amend the Act entitled To amend, revise and consolidate the several Acts granting corporate authority to the Town of Leslie, approved August 21, 1911, (Ga. Laws 1911, pages 1304-1322), as amended by an Act approved August 8, 1917, (Ga. Laws 1917, pages 711-712) providing for the date of election and terms of elective offices of said town; to provide that the date of election shall be on the second Wednesday in November; to provide for the annual opening of the list for registration of voters on the first Monday in October; to provide that candidates for all elective offices shall before the closing of the registration books preceding the election file written notice with the Clerk and Treasurer of intention to offer and naming the office sought; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act entitled an Act to amend an Act entitled An Act to amend, revise and consolidate the several Acts granting corporate authority to the town of Leslie approved August 21, 1911 (Ga. Laws 1911, pages 1304-1322) as amended by an Act approved August 8, 1917, (Ga. Laws 1917, pages 711-712), providing for the date of election and terms of the elective offices of the Town of Leslie, be, and the same is hereby amended by amending Section 3 of said Act by striking the word December appearing in the third line of Section 3 of said Act as amended and inserting in lieu thereof the word November, and by striking the word December appearing in

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the last line of Section 3 of said Act as amended and inserting in lieu thereof the word November, so that when so amended Section 3 of said Act and charter shall read as follows: Section 1. An election shall be held in said Town of Leslie, Georgia, annually, for the election of two councilmen, on the second Wednesday in November, at which time two councilmen shall be elected for a term of two years, and biennially on the same date of said annual election a mayor and clerk and treasurer shall be elected for a term of two years. At the first regular meeting of the mayor and town council of Leslie, or as soon thereafter as practicable, after each biennial election, said mayor and town council shall elect one of said councilmen mayor pro tempore; provided, however, that at the regular election to be held on the second Wednesday in December, 1917, a mayor, four councilmen, and a clerk and treasurer shall be elected. The two candidates for councilmen receiving the highest and next highest number of votes shall be elected to two-year terms, and shall serve until their successors are elected and qualified. The other two candidates elected as councilmen shall serve for one year only; provided, further, that at each succeeding annual election two councilmen shall be elected for a term of two years, and shall serve until their successors are elected and qualified; and beginning with said 1917 election a mayor and a clerk and treasurer, said clerk and treasurer being one and the same person, shall be elected biennially to two-year terms; said biennial election shall be held every second year on the second Wednesday in November. Time of election. Section 2. That the Act approved August 21, 1911 (Ga. Laws 1911, pages 1304-1322) being the charter of the town of Leslie, and all Acts amendatory thereof be, and the same are, hereby amended by striking the word November appearing in the fourth line of Section 10 of said Act, and inserting in lieu thereof the word October so that when

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so amended Section 10 of said Act and charter shall read as follows: Be it further enacted, That the clerk and treasurer or such other person as may be designated by the mayor and town council of Leslie, shall open a list for the registration of voters on the first Monday in October in each year, which list shall be kept open from 9 o'clock A. M. until 12 m., and from 2 o'clock until 5 o'clock p. m., each and every day (Sunday excepted) until Saturday preceding the election, when it shall be finally and absolutely closed. Opening of registration list. Section 3. That the Act approved August 21, 1911 (Ga. Laws 1911, pages 1304-1322) being the charter of the town of Leslie, and all Acts amendatory thereof, be, and the same are, hereby amended by adding a new sentence at the end of Section 14 of said Act as follows: No candidate for any elective office of the town of Leslie shall be eligible to such office unless such candidate shall on or before Saturday preceding the election file with the Clerk and Treasurer of the town of Leslie a written notice setting forth his intention to offer for the office to be named by him in such notice so that when so amended Section 14 of said Act and charter shall read as follows: Section 14. Be it further enacted, That no person shall be eligible to the office of mayor of the town of Leslie unless he be of the age of twenty-five years; a citizen of the United States of America, and shall have resided in said town one year immediately preceding his election, and no person shall be eligible to the office of town councilman unless he shall have attained the age of twenty-one years, and shall have resided in town one year immediately preceding his election, and shall have the other qualifications in the case of the mayor, and shall have paid all taxes due and demanded by said town; provided, further that the mayor, clerk and treasurer and councilmen shall be paid

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such salary as may be fixed by annual ordinance of said mayor and town council of Leslie. No candidate for any elective office of the town of Leslie shall be eligible to such office unless such candidate shall on or before Saturday preceding the election file with the Clerk and Treasurer of the town of Leslie a written notice setting forth his intention to offer for the office to be named by him in such notice. Qualifications. Notice of intention to run for office. Section 4. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved March 20, 1939. LILBURN CHARTER REPEALED. No. 320. An Act to repeal an Act entitled An Act to incorporate the Town of Lilburn, in the County of Gwinnett; to provide for a mayor and councilmen and other officers; to prescribe their duties; to provide for the enacting of all necessary ordinances; to provide for penalties for violation of the same; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act entitled An Act to incorporate the Town of Lilburn, in the County of Gwinnett; to provide for a mayor and councilmen and other officers; to prescribe their duties; to provide for the enacting of all necessary ordinances; to provide for penalties for violation of the same; and for other purposes as set out in Georgia Laws of 1910, pages 863-867, be, and the same is hereby repealed in its entirety. Act of 1910 repealed. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 24, 1939.

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MACON CHARTER AMENDMENTS. No. 16. An Act approved August 3, 1927, entitled An Act to re-enact the charter of the City of Macon contained in the Act approved August 17, 1914, together with the Acts amending same, passed since 1914, with certain changes in said Acts; to consolidate into one Act, with such changes as may have become necessary or proper, all Acts constituting the charter of the City of Macon and relating to the rights, powers, and duties of said corporation; to amend the said Act of 1914 and the Acts amendatory thereof; and for other purposes; said Act described appearing on pages 1283 to 1357, both inclusive, of the published Acts of the General Assembly of Georgia of 1927; and any and all Acts amendatory of said described Act, whenever passed and wherever set forth, including any and all Acts amending, changing, or re-enacting any section of said Acts, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that, from and after the passage and approval of this Act, Section 20 of the Act of the General Assembly of Georgia, approved August 3, 1927, and as set forth on pages 1301 and 1302 of the published Acts of the General Assembly of Georgia for 1927, and as the same may have amended, reenacted, or changed, be and the same is hereby amended by adding thereto the following: Act of 1927 amended. Without limiting the generality of the foregoing, the Mayor and Council of the City of Macon shall have authority to enact zoning and planning laws, whereby such City may be zoned or districted for various uses and other or different uses prohibited therein, and regulating the uses for which said zones or districts may be set apart, and regulating the plans for the development and improvement of real-estate therein. Zoning.

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Section 2. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage and approval of this Act, the second paragraph of Section 27 of the Act of the General Assembly of Georgia, approved August 3, 1927, and as set forth on page 1306 of the published Acts of the General Assembly of Georgia of 1927, and as the same may have been amended or re-enacted, including Section 2 of an Act of the General Assembly of Georgia set forth on pages 1026 of the published Acts of the General Assembly of Georgia for 1933, and including also an Act of the General Assembly of Georgia set forth on pages 1105 and 1106 of the published Acts of the General Assembly of Georgia for 1935, be and the same is hereby repealed. Provisions repealed. Section 3. Be it further enacted by the aforesaid authority that said second paragraph of Section 27 be and the same is hereby re-enacted to read, as changed and re-enacted, as follows: The present Mayor of the City of Macon shall receive, during the remainder of his present term of office, the salary of $3,600.00 per annum, and thereafter the salary of the Mayor shall be the sum of $5,000.00 per annum, and he shall be ex-officio a member of the Joint Board of Health. He shall hold his office during the term of two years and until his successor shall be chosen and qualified, but shall not be eligible to succeed himself as Mayor after having served two consecutive terms as such. He shall be the chief executive officer of the City, and shall have a general supervision over all its affairs, sign all deeds and contracts, approve all bills and vouchers for the payment of money, and shall be clothed with the veto power as herein set forth. It shall be his duty to see that the laws of the State, and ordinances of the City are faithfully executed within the limits of the territory over which the city government extends. He shall keep the Council advised, from time to time, of the general condition of the City, and shall

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recommend such measures as he may deem necessary and expedient for the welfare thereof. He may call the Council together at any time when deemed necessary by him. He shall have an office at the city hall, and devote as much time as may be necessary to the business of the City each day, and shall not be absent from the State for a longer time than six days together, without permission of the Council. Mayor's salary and duties. Section 4. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage and approval of this Act, Section 36 of the Act of the General Assembly of Georgia, approved August 3, 1927, and as set forth on page 1309 of the published Acts of the General Assembly of Georgia for 1927, and as the same may have been amended, be and the same is hereby repealed. Section 5. Be it further enacted by the aforesaid authority that said Section 36 be and the same is hereby reenacted to read, as hereby changed and re-enacted, as follows: Section 36: Other City officersElection and Terms of Office. Other city officers. In addition to the Mayor and Members of Council there shall be a Clerk of Council, a City Treasurer, a City Marshal, a City Engineer, a City Attorney, a City Recorder, a Building Inspector, Tax Assessors, and such other officers, employes, and agents of the City as the Mayor and Council may, by ordinance, prescribe. These officers shall be elected by the Council by a majority vote of the whole board, the Mayor in all such elections being entitled to a vote, and shall be elected for a period of two years and until their successors are elected and qualified; subject however to removal at any time by a majority vote of said Mayor and Council.

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Section 6. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage and approval of this Act, Section 41 of the Act of the General Assembly of Georgia, approved August 3, 1927, and as set forth on page 1311 of the published Acts of the General Assembly of Georgia for 1927, and as the same may have been amended, be and the same is hereby repealed. Section 7. Be it further enacted by the aforesaid Authority that said Section 41 be and the same is hereby re-enacted to read, as hereby changed and re-enacted, as follows: Section 41. OfficersDuties PrescribedHow. The Mayor and Council shall have authority, by ordinance, to prescribe the duties of the City Attorney, City Engineer, City Recorder, Tax Assessors, Chief of Police, Chief of the Fire Department, and any other office which may be created by the said Mayor and Council. In addition, the Mayor and Council, by ordinance, or by delegation of the power to the Mayor, may require of all officers, including charter officers, the performance of duties additional to those prescribed by ordinance or by this charter; except that no charter officer shall, in addition to the duties required of his office, be required to perform the duties required of any other charter office. Duties of officers. Section 8. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that from and after the passage and approval of this Act, Section 56 of the Act of the General Assembly of Georgia, approved August 3, 1927, and as set forth on page 1316 of the published Acts of the General Assembly of Georgia for 1927, and as the same may have been amended, be and the same is hereby repealed. Section 9. Be it further enacted by the aforesaid authority that said Section 56 be, and the same is hereby,

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re-enacted to read, as hereby changed and re-enacted, as follows: Section 56: DepartmentsHow Controlled. The Police Department shall be under the immediate supervision and control of the Police Committee of Council, and the Fire Department under the immediate supervision and control of the Fire Committee of Council. In the discretion of the Mayor and Council, such committees may be constituted and function separately, or may be consolidated into a joint Committee. In the event separate Committees are determined upon, each of said Committees shall consist of three members of Council, appointed by the Mayor. In the event a joint Committee shall be determined upon, it shall consist of five members of Council, appointed by the Mayor, but one of such members shall be designated as the Fire Committee Chairman, and another as the Police Committee Chairman. Control of fire and police departments. Section 10. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that from and after the passage and approval of this Act, Section 74 of the Act of the General Assembly of Georgia, approved August 3, 1927, and as set forth on pages 1325 to 1329, both inclusive, of the published Acts of the General Assembly of Georgia for 1927, and as the same may have been amended, changed, or re-enacted, be and the same is hereby amended by adding thereto the following: Improvement bonds. (K) In order to facilitate the financing of any work or improvement authorized by this Section, or by Sections 75, 76, 77, 78, 79 of this charter, and as the same may have been changed or may hereafter be changed, the City of Macon, by and through the vote of the Mayor and Council thereof, may provide for and may issue bonds of the City of Macon in the aggregate amount of assessments for the improvement, then unpaid, which bond or bonds and the interest thereon shall in no event become a liability

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of the City of Macon, or the Mayor and Council issuing the same. Said bonds shall mature at such dates, and bear such interest rate as the Mayor and Council may determine, but in no event shall the rate of interest exceed that which the assessments are to bear. Said Bonds shall be signed by the Mayor and attested by the Clerk of the City, and shall have the impression of the corporate seal of such City thereon, and shall be payable at such place as shall be designated by the said Mayor and Council. Said bonds shall be designated as `improvement bonds and shall, on the face thereof, recite the nature and location of the improvement for which they have been issued, and shall recite that they are payable solely from assessments which have been levied upon the lots and tracts of land abutting upon or being the situs of the improvement made. Said bonds shall be sold at not less than par, and the proceeds thereof applied to the payment of the cost and expense of the improvement for which the bonds were issued, or such bonds, in the amount that shall be necessary for that purpose, may be turned over and delivered to the contractor, in respect to the improvement at par value, in payment of the amount due on said contract, and the portion thereof which shall be necessary to pay other expenses, incident to and incurred in providing for said improvements, shall be sold or otherwise disposed of as the said Mayor and Council shall direct. Section 11. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that from and after the passage and approval of this Act, Section 97 of the Act of the General Assembly of Georgia, approved August 3, 1927, and as set forth on page 1339 of the published Acts of the General Assembly of Georgia

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for 1927, as the same may have been amended or reenacted, be and the same is hereby repealed. Section 12. Be it further enacted by the aforesaid authority that said Section 97 be, and the same is hereby re-enacted, to read, as hereby changed and re-enacted, as follows: Section 97: TaxesWhen Due, etc. The taxes levied annually by the City of Macon, shall be due and payable in installments, as follows: Payment of taxes. The first installment of one-third of the total tax for the year shall be due and payable on the 15th day of April. The remainder of such taxes shall be paid in equal monthly installments, each representative of one-twelfth (1/12) of the total tax for the year, such first installment being due and payable May 15, and the remainder being due and payable on the 15 day of each month thereafter, up to and including December 15. Should said installments not be paid within fifteen days from the date they become due and payable, the City shall, in addition to the principal and cost, collect interest thereon at the rate of seven per cent. per annum, until paid. The City Treasurer shall proceed, promptly after the first day of January following the year in which the unpaid taxes become due, to issue executions for the purpose of collecting the unpaid taxes as in this charter provided. Such Section 97 as hereby re-enacted shall govern the collection of taxes for the year 1939 and thereafter until changed. Section 13. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that from and after the passage and approval of this Act, Section 99 of the Act of the General Assembly, approved August 3, 1927, and as set forth on pages 1340 of the published Acts of the General Assembly of Georgia for 1927,

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and as the same may have been amended or re-enacted, be and the same is hereby repealed. Section 14. Be it further enacted by the aforesaid authority that said Section 99 be and the same is hereby re-enacted to read, as hereby changed and re-enacted, as follows: Section 99: Sales Under Tax Executions. All sales of property under execution in favor of said City of Macon shall be advertised, and such sale shall be made and conducted in the same way and manner as Sheriff's sales under execution in the County of Bibb. All recitals in tax executions and in tax deeds, executed pursuant to sale, shall be evidence of the facts recited, and shall be deemed prima facie to be true. Tax sales. Section 15. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that from and after the passage and approval of this Act, Section 105 of the Act of the General Assembly of Georgia, approved August 3, 1927, and as set forth on pages 1344 and 1345 of the published Acts of the General Assembly of Georgia for 1927, and as the same may have been amended or re-enacted, including an Act approved March 23, 1937, and as set forth on pages 1983 and 1984 of the published Acts of the General Assembly of Georgia for 1937, be and the same is hereby amended by adding thereto the following: Provided further that after the Board or Water Commissioners shall have retired and paid off all of said bonds and interest coupons, that is to say, both principal and interest of said bonded indebtedness, and, after payment to the Macon Hospital Commission of said sum of $20,000.00, or such less sum as in the discretion of the Board of Water Commissioners may be determined, that the said Board of Water Commissioners shall be, and are hereby authorized and directed to pay over any funds or

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profits arising out of the operation of said waterworks system, after paying all necessary operating expenses, including extensions, improvements, repairs, replacements, and setting aside a reasonable sum, to be determined by said commissioners to meet unforeseen contingencies or demands, to the Mayor and Council of the City of Macon for the sole and exclusive purpose of having said funds applied to the payment of the outstanding bonds and/or interest coupons of the City of Macon. The payment of said net surplus shall be paid by said Board of Water Commissioners to the Mayor and Council of the City of Macon Annually or semi-annually to be determined by the Board of Water Commissioners. Use of water revenue. Section 16. 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 10, 1939. MACONCLOSING OF ALLEY RATIFIED. No. 18. An Act to ratify and confirm the action of the Mayor and council of the city of Macon as shown by minutes of its meeting of November 1, 1850, in closing that portion of the 10-foot public alley in Square 21 in the City of Macon which extends from the 20-foot public alley in said square to Cotton Avenue, and the conveyances of the portion of said alley so closed. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that the action of the Mayor and Council of the City of Macon, as shown by the minutes of its regular meeting of the 1st day of November, 1850, providing for the closing of that portion of the public alley in Square 21 in the city of Macon which extends from the 20-foot public

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alley to Cotton Avenue, be and the same is hereby ratified and confirmed. Closing of alley ratified. Section 2. Be it further enacted by the authority aforesaid, That all conveyances of portions of said alley heretofore made by the said Mayor and Council of the City of Macon, be and they are hereby sanctioned and confirmed as valid and legal conveyances, so as to fully and effectually vest title to all such portions of said alley so conveyed in the respective grantees in such deeds or conveyances. Conveyances sanctioned. Section 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved February 10, 1939. MACON FIREMEN AND POLICE PENSIONS. No. 168. An Act to amend an Act approved August 3, 1927, entitled An Act to re-enact the charter of the City of Macon contained in the Act approved August 17, 1914, together with the Acts amending same, passed since 1914, with certain changes in said Acts; to consolidate into one Act, with such changes as may have become necessary or proper, all Acts constituting the charter of the city of Macon, and relating to the rights, powers, and duties of said corporation; to amend the said Act of 1914 and the Acts amendatory thereof; and for other purposes; said Act described appearing on pages 1283 to 1357, both inclusive, of the published Acts of the General Assembly of Georgia of 1927; and any and all Acts amendatory of said described Act, whenever passed and wherever set forth, including any and all Acts amending, changing, or re-enacting any section of said Acts; and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Act approved August 3, 1927, establishing a charter for the City of Macon, Georgia, Acts of 1927, pages 1283 to 1359, and the Acts approved March 23, 1937, pages 1981 to 1983, amending said Act, be, and the same are hereby amended by striking from said Act Section 70 thereof, and by inserting in said Act a new section as Section 70 and providing as follows: Acts of 1927 and 1937 amended. Section 70 (a). There is hereby created a special fund to be known as the Firemen and Police Pension Fund, said fund to be deposited with the City Treasurer, but kept separate and apart from the general funds of the City of Macon; said fund to be used exclusively for the purpose provided for in this Act, which fund shall be collected, administered, and disbursed according to the provisions of this Act. Pension fund. (b) From and after the enactment of this Act the City of Macon shall levy upon the monthly salary of every member of said departments in active service at the time of and after the passage and approval of this Act, a tax of three dollars and fifty cents ($3.50) per month, and the City Treasurer shall deduct the amount of the tax hereby levied from the salaries of such members. Levy on salaries. (c) Should there at any time thereafter be on hand insufficient funds to carry out the provisions hereof, or as the same may be hereafter affected by legislation, such additional funds as are necessary therefor shall be appropriated by the Mayor and Council, and out of the treasury of the City. Additional funds. (d) In the event there should accumulate in such fund more money than should be needed for immediate use, the Treasurer of the City of Macon is empowered to invest such excess fund in United States, State of Georgia, or Georgia municipal bonds; but not otherwise. Investment of surplus.

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(e) The term firemen and policemen, when used in this Act, shall mean any member of the fire or police departments, and properly connected therewith, who are under the civil service rules. Firemen and policemen defined. (f) Before any person shall become a member of the fire or police departments, he or she shall be required to pass a medical examination, and meet all the requirements of the civil service board of the City. Examination for new members. (g) The general administration and responsibility for the proper operation of the pension system, and for making effective the provisions of this Act, insofar as it applies to the fire department of the City of Macon, are hereby vested in a board of trustees, consisting of the members of the Fire Committee of the City Council and three members of the fire department, who shall pass upon all pensions of the fire department and all business pertaining to pensions or pensioners, as herein provided in this Act. The three members of the fire department shall be elected by the members of the fire department, said election to be held in the following manner, to wit: By per capita vote of all members of said department who come within the purview of this Act, both active and retired, at meetings to be held at the headquarters of said department, of which meetings all qualified members entitled to vote shall be notified in person or by mail five (5) days in advance of said meeting, and shall begin their term of office immediately upon their election to the board of trustees, said term of office being two (2) years, taking effect the first Monday after election to said office, and election being compulsory every two (2) years. The first election of said three (3) members shall be held within thirty (30) days after the passage of this Act. General administration. Trustees. (h) There shall likewise be a board of trustees, consisting of the members of the Police Committee of the City Council, and three (3) members from the police department, who shall have the same powers and duties and shall

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be elected in the same manner as provided for the fire department in Section (g), who shall pass upon all pensions of the police department, and all business pertaining to pensions or pensioners, as herein provided in this Act. (i) If a vacancy occurs in the office of trustee, the vacancy shall be filled for the unexpired term in the same manner as the office was previously filled. (j) The trustees shall serve without compensation, but they may be reimbursed from the expense fund for all necessary expenses which they may actually expend through services on the board. (k) Each trustee shall, within ten (10) days after his appointment or election, take an oath of office before the City Clerk of said City, that so far as it devolves upon him, he will diligently and honestly administer the affairs of the said board, and that he will not knowingly violate or willingly permit to be violated any of the provisions of the law applicable to the retirement system. Such oath shall be subscribed to by the member making it, and certified by the said Clerk, and filed in his office. Oath. (l) Attendance of the meetings of the board of trustees shall be compulsory for all members at all pension hearings. Any trustee who neglects the duties of his office may be removed by the board. Attendance at meetings. (m) Money shall be withdrawn from the fund created by this Act only upon warrants executed by the Fire Committee of the City Council in the case of firemen's pensions, and by the Police Committee of City Council in the case of police pensions. Warrants. (n) Benefits. Pensions to MembersCompulsory. The board shall, upon his application, retire: (1) Any member regardless of age after twenty-five (25) years of actual service in said fire department or police department, who shall recieve in equal monthly

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installments seventy-five dollars ($75.00) per month. This Paragraph not to become effective until five (5) years from date of this law. Who may receive benefits. (2) Any member who in the service has received or shall receive any injuries, disease, or disability, which injury, disease, or disability, now permanently and totally incapacitates him, or shall in the future permanently and totally incapacitate him, physically or mentally, who shall then receive in equal monthly installments seventy-five dollars ($75.00) per month. (3) Any member who has received or shall receive otherwise than in the service of the said departments an injury, disease, or disability, including old age, which injury, disease, or disability, or old age, now permanently incapacitates or shall in the future permanently incapacitate him physically or mentally from performing full duties shall receive, if he has been a member of the department or departments for at least five (5) years, the sum of thirty-seven dollars and fifty cents ($37.50) per month. In the event he has been a member for ten (10) years, he shall receive the sum of fifty dollars ($50.00) per month. (o) If any member of the department or departments shall lose his life or later die from injuries received while in the discharge of his duties, and shall leave a widow, or child, or children, under the age of sixteen (16) years, the board shall authorize and direct payment of a pension to the widow, child, or children, but only in the following amounts and on the following conditions: Death in line of duty. (1) To the widow three hundred sixty dollars ($360.00) per year, to be paid in twelve (12) equal monthly installments of thirty dollars ($30.00) each, so long as she may live, or until her re-marriage. (2) If there be no widow, to the child or children under the age of sixteen (16) years, or until said child or children shall die or marry, before reaching the age of sixteen (16)

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years, the sum of thirty dollars ($30.00) per month for the benefit of any or all of said children under the age of sixteen (16) years. (3) If there be a surviving widow and she remarry or die, then the child or children of the deceased member shall receive in trust the sum of thirty dollars ($30.00) per month, until said child or children shall have reached the age of sixteen (16) years, or shall have married, but in no event shall the sum total of the children's pension in any one family exceed the sum of thirty dollars ($30.00) per month. (4) The trusteeship and disbursements of the pension to any child or children is to be determined by the board of trustees. (5) No pension shall be allowed to any widow whose marriage to the deceased member took place after the deceased member had retired on pension. (6) No pension shall be allowed to any step-child or step-children of a deceased member. (p) To the widow and child or children of any member who dies from causes not attributed to his active duties in the departments, providing that such member shall have been a member of such department for ten (10) years prior to the date of his death, the trustees shall authorize and direct payment, in equal monthly installments, as follows: Death from other causes. (1) To the widow twenty dollars ($20.00) a month until her death, or re-marriage. (2) To the child or children of a member who dies from causes not attributed to his active duties in the department, the provisions of paragraph (o), governing the amounts and conditions of administration of children's pensions, shall apply. (q) All present firemen and policemen entitled to do so under this Act, shall receive credit for the time of their service rendered prior to the passage of this Act. Credit for prior service.

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(r) Medical Board. The board of trustees, in passing upon applications for pensions, shall require a certificate or statement in writing from a duly qualified and practicing physician, showing the applicant's disability, and the board may designate a physician to represent the board who shall investigate all essential statements or certificates made by or on behalf of a member in connection with an application for disability or retirement, and who may require said applicant to submit to a medical examination, and shall report in writing to the board of trustees his conclusions and recommendations upon all matters referred to him. The payment for such service shall be determined by the board of trustees. Certificate of disability. (s) On compulsory retirement of a member by Act of the board of trustees, any such retired member shall have the right to appeal against such retirement by the board of trustees by appealing to a court of proper jurisdiction, as provided by the civil service rules and regulations, and said member shall defray his own expense in his appeal of such compulsory retirement. Appeal from compulsory retirement. (t) The pension provided for herein shall cease upon conviction of a felony, of a member receiving the benefits herein provided, and actual incarceration in the State Penitentiary, in which event such pension shall be paid to the wife or children as herein prescribed for a deceased member under this Act, until official release from incarceration, when the pension will be paid to the pensioned member again. Crimes by pensioners. (u) Members entitled to a pension shall not forfeit the same upon dismissal from the department, but shall be returned as herein prescribed. Dismissal. (v) In the event a member who has been retired on a pension on account of permanent incapacity, regains his full health and is shown to be physically able to perform his duties in the fire or police departments, the board shall

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require the said member to resume his position in the respective department, and discontinue the pension. On removal of disability. (w) Computation of Pension Service: (1) In computing service allowance, creditable service shall include all service or employment of the member in the fire or police departments, either continuous or interrupted; provided, however, that any leave of absence without pay exceeding thirty (30) days shall not be included. Time of service. (2) Immediately upon the passage of this Act, the board of trustees shall at once establish the service record of all employes who may be entitled to participate in the benefits of this Act; and shall keep a record thereof. Records. (x) No pension provided for herein shall be assignable or subject to garnishment for debt or for other legal process. Assignment and garnishment. (y) Duration of member's pension. Pensions granted to retired members shall be paid to them for life and shall not be revoked nor in any way diminished except as provided in this Act, and the payment of the member to this fund shall cease upon his retirement and acceptance of a pension. Duration of pension. (z) Whenever any member in the service of either the fire or police department shall sever his connection with such department, either voluntarily or by lawful discharge and is not then entitled to a pension under the provisions of this Act, all benefits to his widow and children shall likewise cease and the obligation of the pension fund shall be limited to the return of the accumulated credits of such member with such fund as of the date of termination of his service with the City of Macon. In the event of reinstatement all moneys so received under this section must be repaid into the pension fund for benefits under this Act to be restored. In the event said funds so withdrawn are not repaid such member shall be entitled to

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benefits under this Act only from the date of his re-employment and as any other new member would be. Termination of service. Section 2. That all laws and parts of laws, general and special, in conflict with the provisions of this Act, be and the same are hereby repealed; provided, however, that nothing in this Act shall be construed to affect the payment of pensions now being paid by the City of Macon under the provision of laws heretofore enacted. Section 3. This Act shall become effective immediately upon its passage and approval by the Governor. Approved March 9, 1939. MANCHSTER CITY MANAGER. No. 49. An Act to amend an Act entitled An Act to amend the charter of the City of Manchester, Georgia, abolishing the Mayor and Council of the City of Manchester and providing for the establishment of a Commission form of government in connection with a City Manager; to provide the number of said Commissioners, their qualifications, their manner of election and manner of recall, their term of office, their salary, their powers and duties; To provide for the election of a City Manager and prescribe his duties, powers, salary and manner of removal: And to abolish certain commissions now provided for under the present charter of said City of Manchester, and for other purposes Approved August 20, 1923, by striking all of Section 12 of said Act and substituting in lieu thereof a new section; To provide for the election of a City Manager from time to time in the discretion of the Board of Commissioners for the City of Manchester and prescribe his duties and powers; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the

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same, That 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, 1921, an Act approved August 20, 1923, an Act approved August 6, 1924, an Act approved August 3, 1925, an Act approved August 11, 1927, an Act approved February 8, 1933, and the several Acts incorporating the City of Manchester in the counties of Meriwether and Talbot, Georgia, and the Act amending the same, be and are hereby amended by striking from the amending Act approved August 20, 1923 all of the Section twelve (12) of said Act of 1923 and substituting in lieu thereof the following, so that said section as amended shall read as follows: Section 12. Be it further enacted by the authority aforesaid, That the commissioners may select and appoint a city manager from time to time in the discretion of the said Board of Commissioners for the City of Manchester, and the said City manager while serving under such election and appointment shall be the administrative head of the municipal government of said city, and shall be responsible to the commission for the efficient administration of all the departments of said city. He shall be appointed without regard to his residence, political beliefs or affiliations. At such times as a city manager may be serving and holding such office under this Act, the commissioners may designate some properly qualified person to execute the functions of the office during the absence or disability of such city manager. The powers and duties of such city manager while serving under such selections and appointment as provided by this Act shall be: City manager. (a) To see that all laws and ordinances are enforced. Duties. (b) To appoint and remove all subordinate officers and employees in all departments; all appointments to be upon merit and fitness alone, and to fix their compensation subject to the approval of the commission.

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(c) To exercise control over departments and divisions created therein, or which may be hereafter created by the commissioners. (d) To attend all meetings of the commissioners, with the right to take part in all discussions, but having no vote. (e) To recommend to the commissioners for adoption such measures as he may deem necessary and expedient. (f) To prepare and submit to the commissioners an annual budget. (g) To keep the commissioners fully advised as to the financial condition and needs of the city. (h) To supervise and direct the official conduct of all appointive city officers, except as herein otherwise provided. (i) To supervise the performance of all contracts made by any person for work done for the city, and to make all purchases for materials and supplies for the city, and to see that the same are received as contracted for; and (j) To perform such other duties as may be prescribed herein or may be required of him by ordinance or resolution of the commissioners. 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 14, 1939. MARIETTA WATER AND ELECTRIC LINES EXTENDED. No. 263. An Act to amend an Act approved August 20, 1906 (Georgia Laws 1906, pages 846-848) authorizing the mayor

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and council of the City of Marietta to order an election so as to determine whether or not bonds shall be issued by the City of Marietta for certain designated purposes; by adding to the said Act a new Section authorizing the Board of Lights and Waterworks to extend its services and facilities beyond the limits of Marietta; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Act of the General Assembly approved August 20, 1906 (Georgia Laws 1906, pages 846-848) authorizing the mayor and council of the City of Marietta to order an election for the purpose of determining whether or not bonds shall be issued by the City of Marietta for certain designated purposes be and the same is hereby amended by adding thereto a new Section to be known as Section 5a to read as follows: Act of 1906 amended. Section 5a. The Board of Lights and Waterworks shall have the power and authority to extend its water mains and electric power lines beyond the limits of the City of Marietta into Cobb County at such places and to such distances as said Board may determine by proper resolution, and to serve customers on said mains and lines so extended at such rates as may be fixed by the Board. Extension beyond city limits. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 18, 1939. MAUK CHARTER REPEALED. No. 97. An Act to repeal an Act of the General Assembly of 1913, pages 1011 to 1026, approved August 18, 1913, to incorporate the Town of Mauk in the County of Taylor;

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to define the city limits thereof; to provide for a Mayor and Councilmen thereof and other municipal officers, and for the election of their successors; to grant powers and privileges to the same; to provide for the laying out of streets, sidewalks, etc; 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 1913, pages 1011 to 1026, approved August 18, 1913, to incorporate the Town of Mauk in the County of Taylor; to define the city limits thereof; to provide for a Mayor and Councilmen thereof and other municipal officers, and for the election of their successors; to grant powers and privileges to the same; to provide for the laying out of streets, sidewalks, etc; and for other purposes, be and the same is hereby repealed. Act of 1913 repealed. Section 2. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 28, 1939. MILLEDGEVILLE CHARTER AMENDMENTS. No. 380. 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. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted that the Act creating a new charter for the City of Milledgeville, approved December 15th, 1900, be and the same is hereby amended by adding the following sections: Act of 1900 amended. Section A. The provisions of the charter of said city, as amended, limiting the right of persons to hold the

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office of mayor of said city to two consecutive terms is hereby repealed, but no person, shall hold the said office of mayor for more than three consecutive terms. Mayor may serve three terms. Section B. All ordinances and resolutions now required to be read three times before their passage may be passed after one reading. Reading of ordinances. Section C. Ordinances and resolutions passed by the mayor and aldermen of said city shall be open to inspection by the public in the office of the clerk of the city, but no other notice by posting or advertisement shall be required unless ordered by the said mayor and aldermen. Inspection of ordinances. Section 2. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1939. MILLEDGEVILLELAND GRANT TO GEORGIA MILITARY COLLEGE. No. 382. An Act to authorize the Mayor and Aldermen of the City of Milledgeville to release, grant and convey to the Board of Trustees of Georgia Military College the title and interest of the City of Milledgeville in 3.47 acres of land, with the improvements thereon, in the northeast corner of the old Capitol Square in Milledgeville, known as the barracks property; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, that the Mayor and Aldermen of the City of Milledgeville be, and they are hereby, authorized and empowered to release, grant and convey to the Board of Trustees of Georgia Military College the title and interest of the City of Milledgeville in 3.47 acres of land, with all the improvements thereon, in the northeast corner

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of the old Capitol Square in Milledgeville, known as the barracks property. Authority to grant property. Section 2. Be it further enacted by authority aforesaid that all laws and parts of laws in conflict herewith be, and the same are hereby, repealed. Approved March 24, 1939. MILLEN CITY CHARTER. No. 376. An Act to create a new charter for the city of Millen, in the county of Jenkins, and State of Georgia, and to reincorporate said city and define its territorial limits; to continue in operation, confirm and consolidate all Acts heretofore passed incorporating said city, and amending the charter thereof when the same is not in conflict with this Act; to provide that all ordinances, rules, regulations and resolutions of said city now in force, not in conflict with this Act be preserved and continued in force and be valid and binding until the same are amended or repealed by the mayor and councilmen of said city; to prescribe the rights and powers, duties and liabilities and qualifications of all officers of said city and the manner of their election and removal from office; to provide for the terms of office for the various officers of said city; to provide for the retention in office of the present officers of said city until the elections provided for in this charter are held; to provide the manner and time for all elections in said city; to provide for the qualifications of all electors or voters in said city, and for the registration of the same; to provide for a mayor's court, and the trial and punishment therein of all offenders against the laws of said city, and to provide for appeals therefrom; to provide for a fire department, a board of health, a police department; to prescribe the rights, powers, duties and liabilities

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of the same; to authorize the mayor and councilmen to maintain and operate a system of water works and sewers, to authorize said city to borrow money and issue bonds and other evidence of debt for public purposes; to provide that all valid contracts heretofore entered into by the authorities of the city of Millen shall be valid for and against the city of Millen, and that all property held and owned by the city of Millen under its charter which is superseded by this Act shall remain the right and property of the city of Millen; to acquire property for corporate purposes in and outside city; to provide for public parks and cemeteries; to provide for streets, lanes, avenues, alleys, sidewalks and crossings, and for the laying out, opening, grading, working and paving of the same; to provide for the assessment, levy and collection of an ad valorem tax on all property, real and personal, for general purposes and for paying the principal and interest on the bonded debt and all other legal obligations of said city; to authorize the taxation and license of all kinds of business, trades and professions, show, exhibitions and entertainments in said city; to provide for the maintenance and supervision of the public schools of said city; to provide for the maintenance of a public library in the event same should be desired; to provide for the abatement of nuisances; to prohibit sales of liquor in said city and to prohibit the keeping and sale of all intoxicating liquor, except where authorized by State statutory law; to provide for search for same and seizure and destruction thereof and the punishment of offenders; to grant encroachment on the streets; to force the connection of all closets, etc., with the sanitary sewers, to provide penalties for failure to do so, and regulate the manner in which the city shall do said work and hold and enforce a lien against the property for the same; to provide for the establishment and maintenance of a public school for said city; to declare and define the

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police powers of said city, and provide for all matters of municipal concern and cognizance; to provide for all matters and things necessary, proper and incident to a municipal corporation, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the territory, with inhabitants within same, embraced in that part of the 1635th. District, G. M., of Jenkins County, Georgia, containing, 1440 acres, more or less, and being one and one-half miles square, and extending three-quarters of a mile to the East, West, North and to the South from the center of the courthouse lot in Millen, Jenkins County, State of Georgia, the same being bounded on the North by College Avenue, on the East by Harvey street, on the South by Winthrop Avenue, and on the West by Daniel street, said lot containing two acres, more or less, be incorporated under the name and style of the city of Millen is hereby incorporated, and by that name and style shall have perpetual succession; may have and use a common seal; may sue and be sued; may plead and be impleaded in any court of law or equity in this State; shall be capable in law and in equity to purchase, have and hold, receive and enjoy, possess and retain, for corporate purposes, any estate or estates, real or personal, of whatever kind or nature, within or without the jurisdictional limits of the city of Millen, and may sell or otherwise dispose of same for the use and benefit of said city, as the city council may see fit and proper; the mayor of said city, by direction of the city council, making deed to any property sold or disposed of by said city. Territory. Corporate name and powers. Section 2. Be it enacted by the authority aforesaid, That the municipal government of the city of Millen shall be vested in a mayor and five councilmen, who shall be elected in the manner hereinafter set out, and who shall comprise the mayor and city council of Millen. Council may and shall fix the salary of the mayor at a sum not to

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exceed fifty dollars per month, and shall fix the salary of the councilmen, salary of each not to exceed ten dollars per month. Government. Salary of mayor and councilmen. Section 3. Be it further enacted by the authority aforesaid, That the present mayor, Walter Harrison, shall continue to hold and occupy his office and discharge the duties of same for the remainder of the term for which he was elected and that the present members of the council, George Mays, John Bates, Milton Carlton, Paul Parnell, and Crawford Bell, hold their offices as councilmen, and discharge the duties of said offices until the expiration of the term for which they were elected. That henceforth, upon the expiration of the terms of the office of the mayor and the various members of the council, that beginning on the first Thursday in January, 1940, an election shall be held for the purpose of electing three councilmen and a mayor for a term of two years and that upon the same date in succeeding years thereafter an election shall be held for the purpose of electing two councilmen on the day and month above set out during odd calendar; and upon the day and month of even years hereafter, the mayor and the three councilmen shall be elected. All officials elected by and according to the provisions of this section shall hold office a two year term. Minor officers elected or appointed by said mayor and councilmen shall hold office and discharge the duties thereof for the terms for which they were elected or appointed, unless sooner removed by said mayor and councilmen for cause. Elections for these enumerated officers, mayor and councilmen, shall be held at the City Hall of Millen. Mayor and councilmen named. Elections. Section 4. Be it enacted further by the authority aforesaid, That all elections shall be superintended and managed by a justice of the peace, or some other judicial officer and two freeholders, residents of said city, who, before entering upon their duties as managers of said elections shall subscribe the following oath: Management of elections.

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All, and each of us, whether justice of the peace or other judicial officer, or freeholders residing in the city of Millen, do swear that we will faithfully superintend this day's election; that we will make a just and true return thereof, and will not knowingly permit any one to vote in this election unless we believe he is entitled to vote according to the law of the city of Millen; now will we knowingly prohibit any one from voting who is by law entitled to vote; so help us God; said oath to be signed by each manager in the capacity in which he acts. Said oath may be administered by any person in the county of Jenkins authorized by law to administer oaths, or, if no such person can conveniently be had, said managers may administer the oath one to the other. Said managers shall keep two lists of voters and two tally-sheets of said election. Said managers shall be appointed by the mayor then in office, or in his absence by the mayor pro tem. then in office, at least five days before the election, and notice thereof given to the persons appointed; and if any one or more of said persons so appointed fail to appear and serve at the time for the opening of the polls on the day of the election, the vacancy or vacancies may be filled instanter, and the necessary number of managers appointed by the mayor then in office, or in his absence by the mayor pro tem., or in the absence of both, by any councilman then in office. The managers of such election shall receive such compensation as may be fixed by the city council of said city, not to exceed six dollars per day each. Section 5. Be it further enacted by the authority aforesaid, That the polls at the elections held in and for said city shall be open from eight o'clock A. M. to five o'clock P. M. Eastern Standard Time, when they shall be closed and the managers of said election shall proceed to count the ballots and consolidate the returns of said election and declare the results of same. Said managers shall make certificate of the result on each of the two tally-sheets kept by them, and shall place one of the two lists of voters to

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be kept by them and one of the said tally-sheets, together with the ballots, in an envelope or box, and seal the same and deposit it with the clerk of the Superior Court of Jenkins County. The other list of voters and other tally-sheet, they shall file with the clerk of the city for delivery to, and inspection by, the council, who shall announce and declare the results thereof, as early as is practical on the day of the election or on the day following such election, which said declaration of the results of the election shall, by the clerk of the city council, be entered of record on their book of minutes. The clerk of the Superior Court, and the clerk of the said city council, after the expiration of thirty days from the time of said election, shall destroy said ballots and list of voters without inspection; provided, no notice be filed, in which case they shall preserve the same until said contest be finally determined. Section 6. Be it further enacted by the authority aforesaid, That all persons who shall have paid city or State or county taxes legally regulating the exercise of the privilege of voting, except taxes for the year in which the election is held, and who have been bona-fide residents in said city for six months previous to the time when the election is held, and who are qualified to in the county of Jenkins for members of the General Assembly of Georgia, shall be considered electors and be entitled to vote in said city elections, and no others shall be qualified to vote in said city elections. Qualified voters. Section 7. Be it further enacted by the authority aforesaid, That the clerk of the city council of Millen shall keep a registration book for the registration of all persons qualified to vote, which shall be kept open every day during office hours, except Sundays, for the registration of voters. That every person offering to register shall apply in person to said clerk, and shall write or cause to be written his name, age, occupation, color, in said registration book. The registration book shall be closed twenty days before an

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election and no person shall be allowed to register after said book is closed. The clerk of the city of Millen is hereby made the registrar, and he shall keep separate all the names of the white and colored voters, and shall not permit any person to register who is not qualified to do so, or who shall refuse, when required, to take the following oath: I do solemnly swear (or affirm) that I am twenty-one years of age, or will be on the day of the election for which I am registering to vote; that I am a citizen of the United States; that I have resided and had my domicile in the State of Georgia for one year, and in the county of Jenkins for six months, and in the city of Millen for six months immediately preceding the election for which I am registering to vote; and have done all work on the streets required of me by said government since the approval of this charter by the Governor; and that I am qualified to vote for members of the General Assembly of the State of Georgia; so help me God. The registrar is authorized to administer said oath, and when persons are so sworn he shall designate the fact on said registration book. Any person swearing falsely under this section shall be subject to indictment and punished as in other cases of false swearing under the laws of this State. Registration. Registrar. Section 8. Be it further enacted by the authority aforesaid, That there may be an appeal from the decision of the registrar to a committee from the board of councilmen previously appointed by the mayor for that purpose, whose decision shall be final. All appeals shall be made, heard and determined within fifteen days from the close of the registration book. After all appeals are decided it shall be the duty of the registrar to make a correct list of the registered voters and furnish the managers of election a certified copy of the same. The registration book shall be opened to inspection of the public at all times during office hours. Appeals from decision of registrar. Section 9. Be it enacted by the authority aforesaid, That if any person shall vote in any city election in said

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city who is not legally entitled to vote under the laws of said city, he shall be guilty of a misdemeanor, and shall be punished as precribed in section 27-2506 of the Penal Code of the State of Georgia of 1933, upon conviction after indictment or presentment of the grand jury of Jenkins County. Illegal voting. Section 10. Be it further enacted by the authority aforesaid, That the mayor in conjunction with the chief of police and the sheriff of Jenkins county shall take all necessary measures, steps and precautions to preserve order, to prevent the carrying of deadly weapons and to secure all electors the right to deposit their ballots at the polls without the 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. Good order during elections. Section 11. Be it further enacted by the authority aforesaid, That the term of office of mayor and councilmen shall be two years from the time of their election and qualification, and until their successors are elected and qualified. On the day of the first regular council meeting each year after their election, the mayor and councilmen-elect shall meet in the city hall or council chamber, or in whatever place they shall select, and there severally take before some officer authorized to administer oaths under the laws of this State, the following oath of office, to-wit: Terms of mayor and councilmen. I do solemnly swear that I will well and truly demean myself as mayor (or councilman, as the case may be,) of the city of Millen for the ensuing term, and that I will faithfully enforce the charter and ordinances of said city to the best of my skill and knowledge; so help me God. Should the mayor or any councilman be absent from said meeting, he shall take the above oath of office as soon as possible thereafter. Oath. Section 12. Be it further enacted by the authority aforesaid, That should any contest arise over the result

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of any election for mayor and councilmen of said city, it shall be determined as follows: The contestant or contestants shall, within five days from the date of said election, by petition to the superior court of Jenkins county, plainly, fully and distinctly set out his or their grounds for contest, and the name or names of the person or persons whose election is contested, and file said petition in the office of the clerk of the superior court of Jenkins county. Immediately upon the filing of said petition the clerk of said court shall transmit a copy thereof to the judge of the superior court of Jenkins county, and shall furnish the contestees as set out therein each with a copy of said petition. Upon the receipt of the copy of said petition the said judge shall fix a time and place of hearing and endorse same on said copy; provided, that the time of hearing shall not be more than fifty nor less than thirty days from the date of his order, and may be at the session of the superior court of said county, or in vacation. All parties shall receive from said clerk ten days' notice of the time and place when said judge shall proceed to hear and determine said contest, and all the issues of law and fact submitted therein, and render final judgment in the premises. Contests of elections. Section 13. Be it further enacted by the authority aforesaid, That in the event that notice of contest is filed as provided in the previous section, the mayor and councilmen of said city then in office shall continue to perform their duties as such officers until said contest be settled and determined, and until their successors are legally elected and qualified. Section 14. Be it further enacted by the authority aforesaid, That in case of a vacancy in the office of mayor, caused by death, resignation, failure to elect, removal from the city or otherwise, said vacancy shall be filled by the city council of said city, who shall proceed at once to elect a mayor for the unexpired term, it being declared

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lawful and competent for said city council to elect one of their own members should they see fit. And in a case of a vacancy in the office of councilman, caused by death, failure to elect, resignation, removal from the city or otherwise, the vacancy shall be filled by the remaining members of the city council, who shall proceed at once to elect a councilman to fill the unexpired term. Said mayor or councilmen thus elected shall, before entering upon the duties of their respective offices, take the oath of office hereinbefore prescribed. Vacancies. Section 15. Be it further enacted by the authority aforesaid, That should the mayor or any member of the board of councilmen be guilty of any conduct unbecoming an officer of the city of Millen he shall be subject to impeachment by the mayor and board of councilmen, and on conviction shall be removed from office, provided such conviction be found by a unanimous vote of those present. Impeachment. Section 16. Be it enacted by the authority aforesaid, That should the mayor or any councilman fail or refuse to perform the duties of his office for two consecutive months, or be guilty of any misconduct in the performance of his official duties, the office or offices may, in the sound discretion of all the remaining members of the council, be declared vacant, and the vacancies filled as provided in section fourteen of this Act; provided, however, that this power to declare said offices vacant shall not be exercised until the party whose office is affected shall have reasonable notice, not less than ten days, of the intention of said city council to investigate his conduct with a view of declaring his office vacant, which notice shall be in writing and specify the time and place of hearing; and said party affected shall have the right to be present at said hearing, to have compulsory process to compel the attendance of such witnesses as he may wish to have subpoenaed in his behalf, and to be represented by counsel. Removal.

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Section 17. Be it further enacted by the authority aforesaid, That no person shall be eligible to the office of mayor of said city who has not been a resident thereof for one year or more continuously preceding his election, and who is not a qualified elector to vote in the city elections of said city. Nor shall any person be eligible to the office of councilman of said city who is not eligible to the office of mayor. Should the mayor or any councilman remove beyond the limits of said city during his term of office, his office shall thereby become vacant. Qualifications of mayor and councilmen. Section 18. Be it further enacted by the authority aforesaid, That the city council of said city shall be presided over at its meetings by the mayor, or in his absence by the mayor pro tem., and a majority of the council shall be necessary to form a quorum for the transaction of business. The said council shall cause to be kept in a well-bound book an accurate record of all of its proceedings, by-laws, acts, orders, ordinances and resolutions, which book shall be fully indexed and open to the inspection of any one who is required to pay taxes in said city. Said council shall hold monthly, semi-monthly or weekly sessions, as they may determine, and the mayor or mayor pro tem. may call such other and additional meetings as emergencies may, in his discretion, require. At each meeting of the city council the proceedings of the last meeting shall be read, corrected if erroneous, and signed and approved as correct by the presiding officer for the time being. Upon the call of any member the yeas and nays on any question shall be taken and recorded on the book of minutes. Council meetings. Section 19. Be it enacted by the authority aforesaid, That the municipal government of the city of Millen shall be vested in the mayor and five councilmen, to be elected as hereinbefore provided, and such other officers as the mayor and councilmen may consider right and proper to elect or appoint, as hereinafter provided. That

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said mayor and councilmen shall comprise the mayor and city council of the city of Millen, and shall constitute the legislative department of said city and as such shall have full power and authority from time to time to make and establish such rules, laws, ordinances, regulations and orders as may to them seem right and proper respecting streets, sidewalks, alleys, lanes, parks, open courts, railroads, street railways, automobiles, motorcycles, bicycles, carriages, drays, hacks, cabs, wagons, airships, livery and sales stables, hitching places, butcher and slaughter pens, markets, public houses, hotels, public boarding houses, sleeping apartments, restaurants, opera houses, theatres, picture shows, dance halls, and other places of amusements; bowling alleys, pool and billiard rooms, garages, shops, mills, factories, ginneries, soda fountains, barber shops, telephone, telegraph and express companies, gas, water and light and electric companies, booths, stands, warehouses, tents and all and every other matter or thing whatsoever that may by them be considered necessary or proper or incident to the good government of said city, and to the peace, security, health, happiness, welfare, protection or convenience of the inhabitants of said city, and for the preserving of the peace, good order and dignity of said government. This enumeration of powers shall not be construed or restricted to said powers alone, but shall include all and every other thing and Act necessary or incident to municipal government, and shall not conflict with any special power or authority given said city government by this Act or by any Act or Acts heretofore passed, but shall be construed as in addition to and in aid of such powers. Powers of mayor and council. Section 20. Be it further enacted by the authority aforesaid, That the city council of said city shall have power and authority to enact such ordinances from time to time as they may deem necessary to enforce the provisions of this charter; but no ordinance or other measure shall be passed unless it receives the vote of three councilmen,

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if there be a full board of five present; or in the event a full board of five councilmen are not present, no ordinance or other measure shall be passed unless it receives the votes of three councilmen; provided, however, that in case of a tie the mayor shall have the right to vote, and any ordinance or other measure in such cases receiving the votes of two councilmen shall be passed and held of full force and effect. In no case shall the mayor have the right to vote upon any ordinance or measure, except in case of a tie; but it shall be his duty to vote in all cases where a tie arises, whether with a full vote of five present or not, and such vote, when cast, shall count as the vote of a councilman in determining whether any ordinance has received the three votes necessary to pass. In the event a councilman shall be disqualified from voting in accordance with the disqualifications prescribed by law of this State, or shall refuse to vote, a note of said refusal or disqualification shall be made upon the book of the minutes, and the remaining members of the council shall proceed to vote and Act as if said councilman was absent. It shall be optional, but not compulsory, for said city council to have posted any measure, ordinance or resolution, at such places in the city as they may direct, for the information of the public, or they may have same published in any newspaper in said city, but a failure to so post or publish any ordinance, measure or resolution shall in no wise operate to render same void. Ordinances. Section 21. Be it further enacted by the authority aforesaid, That said city council of said city shall have the power to elect one or more policemen, one of whom shall be chief of police, a clerk, treasurer, attorney, assessors and such other officers as the necessities of the city may demand; and whenever they deem it expedient they may elect one person to fill several offices, and the term of office of said officers shall be for one year, and until their successors are elected and qualified. The mayor and councilmen, or mayor pro tem. and councilmen may appoint such extra

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policemen as may be necessary from time to time, and said extra policemen shal receive such compensation as may be fixed by the city council. Any of said officers may be dismissed from office at any time a majority of the vote of the city council, and all of them shall take an oath to faithfully perform the duties of their respective offices, and give such bond and security as may be required by said city council. Mayor and council may and shall prescribe the duties and fix the salaries of said officers. Other officers of city. Section 22. Be it further enacted by the authority aforesaid, That the city council shall, at their first meeting after election and qualification, elect one of their members as mayor pro tem., who shall, in the absence or disqualification of the mayor, be the presiding officer of the city council, and shall be allowed to vote on all questions that the mayor could vote upon, and who shall in the absence or disqualification of the mayor, exercise all the functions of the office of mayor; and all the duties, powers, rights and privileges conferred by this charter upon the mayor may, and shall be, exercised by the mayor pro tem. in the absence or disqualification of the mayor, or when the mayor, from sickness or other reasons be unable to act. Mayor pro tem. Section 23. Be it further enacted by the authority aforesaid, That no person shall be eligible to the office of clerk, attorney or assessor who has not been a bona-fide resident of said city for one year or more continuously next preceding his election, and who is not a qualified elector to vote in the city elections of said city. Should any one of these officers remove during his term of office from the limits of the city, his office shall thereby become vacant. Qualifications of clerk, attorney, and assessor. Section 24. Be it further enacted by the authority aforesaid, That the clerk of the city council of said city shall be ex-officio treasurer of said city, his duties to be prescribed by the city council. He shall be required to give such bond and security as the city council may fix, conditioned for his faithful performance of his duties as treasurer of

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said city; provided, however, that should the city council see fit they may separate the offices of clerk and treasurer and elect a treasurer of said city, prescribe his duties, fix his salary and require of him such bond and security as they deem proper. Treasurer. Section 25. Be it further enacted by the authority aforesaid, That said city council shall at their first regular meeting in February of each year elect three upright, intelligent and discreet persons, who shall be freeholders and residents of said city, as city tax-assessors, who shall hold office for one year and until their successors are elected and qualified, and whose compensation shall be fixed by said city council. It shall be the duty of said tax-assessors to assess the taxable real estate of said city, and receive the returns of personal property under oath of the taxpayer, and perform such other service as the said city council may by ordinance require to be performed in connection with said office. It shall be the duty of said tax-assessors to place a just, fair and equitable valuation on all real estate within the incorporate limits of said city, and when an owner of personal property fails to return same for taxation, it shall be the duty of said tax-assessors to place a just, fair and equitable valuation on same, and to double said valuation and enter a note of said double valuation for the information of the clerk. The tax-assessors shall give notice by publication in the official gazette of Jenkins county once a week for two weeks of the time when they will begin receiving tax returns, and the time when the books for receiving same will be closed, which said times shall be fixed by the city council. In no event shall the books for receiving same be kept open for less than fifteen days. Should any vacancy occur on the board of assessors by death, resignation, refusal to perform the duties of the office, removal therefrom or otherwise, such vacancy shall be immediately filled by the city council. Before entering upon the duties of the office each of said assessors shall take and subscribe before some officer authorized to administer

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oaths by the laws of this State the following oath of office: I do solemnly swear that I will faithfully perform the duties of the office of tax-assessor of the city of Millen, and will make a just and true valuation of all property subject to taxation in said city, according to its actual market value; so help me God. Two of said assessors shall constitute a quorum for the transaction of business, and any one of said assessors may administer the oath to be made by a taxpayer in the return of personal property for taxation. Tax assessors. Section 26. Be it enacted by the authority aforesaid, That said assessors may have during the progress of their investigation such evidence as to the value of any property in said city as they may deem advisable; and if, after the publication of the notice of their intention to receive tax returns and assess property, as provided for in section 25 of this Act, any taxpayer gives notice to said assessors in writing that he or she desires to submit evidence relating to the value of his or her property liable to assessment, it shall be the duty of said assessors to appoint a time and place to hear such evidence, and hear same before assessing said property; provided, the taxpayer is present and submits evidence at the time and place appointed; but if he or she be not present either personally or by agent or attorney, said assessors shall proceed to assess the value of said property with or without hearing evidence as they may determine. If any person be dissatisfied with the valuation of his or her property as fixed by the assessors, he or she shall have the right to appeal to the city council. Said appeal shall be entered within four days from the date upon which the written or printed notice hereinafter provided for has been mailed by the clerk. Upon filing said appeal with the clerk of said city council, it shall be the duty of the mayor to fix a day upon which a hearing shall be had and give the appellant three days' notice in writing of said hearing. Notice to the agent or attorney-at-law or in fact shall be sufficient. At said hearing

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the said city council shall hear all legal and competent evidence, pass upon same and render their decision accordingly, and from this decision there shall be no appeal. Hearings on assessment. Appeal to council. Section 27. Be it further enacted by the authority aforesaid, That in the event the said assessors are not satisfied with the return of personal property for taxation made by a taxpayer, they shall transmit said return to the city council, noting thereon or annexing thereto the grounds of their dissatisfaction, and upon the filing of this return with the clerk it shall be the duty of the mayor to notify the taxpayer that his return of personal property for taxation has been excepted to by the assessors, and fix a day upon which a hearing will be had; said notice shall be in writing, and shall be given at least three days before the time of said hearing. Notice to the agent or attorney-at-law or in fact of said taxpayer shall be sufficient. At said hearing said city council shall hear all legal and competent evidence, and render their decision assessing and fixing the valuation of said personal property, and from their decision there shall be no appeal. Improper returns. Section 28. Be it further enacted by the authority aforesaid, That immediately after the city assessors have finished assessing the value of the taxable real estate of said city and receiving the returns of personal property, they shall file a report of their actions with the clerk of the city council, and immediately after said report is filed it shall be the duty of the clerk to mail a written or printed notice to every taxpayer, setting out the valuation of his taxable real estate in said city as assessed by the city assessors, specifying as near as practicable the valuation assessed for each tract, lot or parcel of land. All the returns of personal property under oath shall, as fast as made, be by said assessors transmitted to said city clerk, and it shall be the duty of said clerk to prepare a tax-digest, which shall contain the valuation of the taxable property, both real and personal, as the same has been determined under the

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provisions of this charter, noting upon said digest the property double taxed. The city council may, by ordinance, fix the time when said digest is to be completed by the clerk, and said city council may, upon proper cause shown, relieve any taxpayer of double taxation entered against him. Notice of tax on realty. Tax digest. Section 29. Be it enacted by the authority aforesaid, That the mayor of said city shall see that all laws, ordinances and resolutions of said city are faithfully enforced and executed, and that all officers of said city shall faithfully discharge the duties required of them; he shall have general jurisdiction and supervision of the affairs of the city; he may exercise within the city the power conferred upon constables and sheriffs to suppress disorder and keep the peace; he shall have the power, when necessary, to call on every male inhabitant of the city over eighteen years of age to aid in suppressing riot or disorderly assemblages of any kind, or to aid in enforcing the laws and ordinances of said city; he shall have the authority to inspect the books and papers of any agent or employee of said city; he shall, from time to time, and especially at the end of each official year, give the city council information relating to the affairs of said city, and shall recommend for the consideration of the council such measures as he may deem fit; he shall represent the city at public affairs, when necessary. Powers of mayor. Section 30. Be it further enacted by the authority aforesaid, That the mayor or in his absence or disqualification of both the mayor and the mayor pro tem. any member of the council may hold a court, to be called the mayor's Court, for the trial of all offenders against the laws and ordinances of said city as often as may be necessary. Said court shall have the power to preserve order, compel the attendance of witnesses, compel the production of books and papers to be used as evidence, to punish for contempt. The punishment for any violation of a city law or ordinance, when not otherwise provided

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in this Act, shall be a fine not exceeding two hundred dollars, imprisonment in the city guardhouse or in the county jail, by permission of the county authorities, for a period not exceeding thirty days, work on the street or such other places where the offender may be lawfully placed at work under this charter, for a period not exceeding thirty days; one or more or all of these punishments at the discretion of the trial court. Said court may, also, punish by fine not to exceed one hundred dollars and in case said sum is not paid may imprison for a period not to exceed twenty days for contempt of said court, when contempt is committed in or against said court. Any person convicted before said mayor's court for any violation of the laws or ordinances of said city may enter an appeal from the judgment of said court to the city council; provided, the appeal be entered instanter and bond for his appearance to abide the decision of the city council be given; said bond to be approved by the chief of police. At the trial of such appeal the mayor, the mayor pro tem. or any member of the city council may preside, and it shall require three votes of the council to reverse the judgment of the court from which the appeal is made. In the event such sentence or judgment is reversed, the said city council may proceed to either acquit the offender or impose such sentence as they may see fit, consistent with the provisions of this charter, and if such sentence shall be affirmed and approved by said city council there shall be no need to pronounce a new sentence upon the offender, but the original sentence shall at once be enforced, unless suspended in accordance with the law governing certiorari from the county courts of this State, as set forth in the Code of the State of Georgia, the right of certiorari in accordance with said law being hereby given. Mayor's court. Appeal to council. Certiorari. Section 31. Be it further enacted by the authority aforesaid, That the said city council shall have the right and authority to establish a work camp in said city, provide for the confinement of the prisoners therein during the

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hours they are not engaged in labor; provide for their maintenance during the period of their imprisonment; employ guards, and generally to provide for the proper government and control of said convicts. The city council shall have the right to lease or hire such convicts as may be confined in the road camp of said city to the county authorities of Jenkins county, or to any adjoining county, and shall have the right to make such charge for hire of such convicts as is permissible under State law; provided, however, that said convicts shall be provided for by said county authorities in the same manner as the county convicts of said county are kept and provided for. Authorities may obtain and use convicts for corporate purposes when granted by Prison Commission. Prisoners. Section 32. Be it enacted by the authority aforesaid, That the mayor of said city is hereby authorized to issue warrants for the arrest of all persons charged, upon affidavits before him made, with having committed within the limits of the city of Millen offenses against any penal law of the State, and to take the examination of such person, and the same to discharge or commit to prison or let to bail, according to law, to answer such charge before the court having jurisdiction, in the same manner as justices of the peace of the several counties of the State, now or hereafter may have by law, all of which warrants shall be addressed to the chief of police of Millen, Georgia, or any lawful policeman thereof, and to all and singular the sheriffs, deputy sheriffs and constables of this State, and any one of said officers shall have the same authority to execute said warrants as the sheriffs of this State have to execute criminal warrants. Warrants. Section 33. Be it further enacted by the authority aforesaid, That if, on the trial of any person before the mayor, mayor pro tem. or city council for violation of any ordinance or law of the city, it shall appear that such person is probably guilty of an offense against the penal

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laws of the State, it shall be the duty of the court trying such person to commit such person to prison, or let to bail, to answer before the court having jurisdiction of the same for the offense committed. [Illegible Text] over. Section 34. Be it further enacted by the authority aforesaid, That it shall be lawful for the chief of police of said city, or any regular or special policemen thereof, to arrest without warrant any and all persons within the corporate limits of said city who are at the time of said arrest, or who before that time, have been guilty within said limits of disorderly conduct, public indecency, quarreling, fighting or any violation of any of the laws or ordinances of said city, and to hold said person so arrested until a hearing of the matter before the proper officer can be had; and to this end said arresting officers are authorized to imprison and confine any person arrested by them in the city guard-house or in the common jail of Jenkins county for a reasonable length of time. Said chief of police, regular or special policeman, shall have the power and authority to call to his assistance, in order to arrest and detain such offenders, the sheriff of said county or his deputies, or any constable of said county, or any bystander, and such person when so summoned shall be bound to assist and aid such officers, and should they fail to do so, they, or either of them, shall be liable to be prosecuted in the mayor's court, and, upon conviction, punished as prescribed in section 30 of this Act. Arrests. Section 35. Be it further enacted by the authority aforesaid, That the chief of police, regular or special policeman shall have the right and privilege (though they shall not be compelled, if they should deem it dangerous to allow their prisoners to run at large) to release any person arrested within the corporate limits of said city upon such person giving bond, to be approved by the chief of police or the mayor of said city, payable to the city of Millen, conditioned to pay said city of Millen an amount

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fixed by said chief of police or mayor, and named in said bond, in the event said person arrested does not appear before the corporate authorities of said city at the time and place specified in the bond, and from time to time until said person so arrested is tried for the offense for which arrested. Bond. Be it enacted by the authority aforesaid, That if any person who has been arrested charged with a violation of any of the laws or ordinances of said city of Millen, and has given bond for his or her appearance before the proper corporate authorities to answer such charge, fails to appear at the time and place specified in the bond, said bond shall be declared forfeited, and a rule nisi directed to the principal and surety, shall issue, directing and requiring them to show cause before the mayor's court, at a sitting of said court to be held not less than sixty days from the forfeiture nisi, why the bond should not be absolutely forfeited, copies of which rule nisi shall be served upon the principal and sureties on the bond, at least twenty days before the sitting of the court to which it is made returnable, either personally or by leaving same at the most notorious place of abode of the person upon whom service is perfected, or by publishing the same once a week for four weeks prior to the sitting of the court to which the same is returnable in the official gazette of Jenkins county. It at such return term no sufficient cause be shown to the contrary, the forfeiture shall be made final and absolute, and execution shall issue against the principal and sureties on said bond, or such of them as have been served, for the full amount thereof, and all costs, which shall include the cost of publication, if service shall have been made by that method, which execution shall be signed by the clerk of the council and mayor of the city, and shall have the same lien and binding effect upon the property of the defendants therein as executions issued upon judgments in the justice or superior courts of this State. Said execution shall be directed to the chief of

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police of Millen, and to all and singular the sheriffs, deputy sheriffs and constables of said State, by any one of whom the same may be levied. Section 36. Be it enacted by the authority aforesaid, That said city council shall have the power to control the finances and property of said city, to appropriate money and provide for the payment of the debts and expenses of the corporation. The said city may also borrow money for current expenses to extent same is permissible under State law. Control of finances. Section 37. Be it enacted by the authority aforesaid, That for the purpose of raising revenues to defray the ordinary current expenses incident to the support and maintenance of the city government, the city council shall have full power and authority to levy and collect an ad valorem tax upon all property, both real and personal, in the corporate limits of said city, not to exceed one-half of one per cent., but when that amount is deemed insufficient, said city council shall have the authority to levy an additional tax in the mode and manner provided by the Constitution and laws of the State of Georgia. The city shall have power to lay and collect taxes for purposes as regulated by State law. City may continue to lay and collect taxes to pay off all outstanding bonds of city. Taxes. Section 38. Be it further enacted by the authority aforesaid, That the said city council shall have power to provide for the levying and collection of a business or occupation tax upon any trade, business, profession or occupation, except such as are exempt by law, carried on within the city limits, and upon the inhabitants of said city who engage in or offer or attempt to engage in, any profession, trade, business or occupation in said city, and on such persons as live without the limits of said city, but who engage in or attempt or offer to engage in any profession, business, trade or occupation, not exempt by law, within the limits of said city, as said city council may deem expedient

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for the safety, benefit, convenience and advantage of said city. This tax shall be in the nature of a license, which must be paid in advance of practicing or engaging in such profession, trade, business or occupation, and said city council shall provide by ordinance for the punishment of all persons required by ordinance to pay such occupation tax, or take out license for same, who engage in, or offer or attempt to engage in, such business, trade, profession or occupation before paying such tax or taking out such license and complying fully with all the requirements of said city council made in reference thereto. Business tax or license. Section 39. Be it further enacted by the authority aforesaid, That the said mayor and board of councilmen shall have power and authority to grant the right to use any street or streets of said city for railroad, street car, telegraph, telephone, gas, water and electric light purposes. In granting any such franchise they shall fully and completely guard and protect every present and future interest of said city and the inhabitants thereof. And no franchise hereunder shall carry with it any right or power except such as are specifically set forth, enumerated and named therein. Franchises. Section 40. Be it enacted by the authority aforesaid, That the said city council shall have full power and authority to license, regulate and control by ordinance all hotels, boarding-houses, cafes, restaurants, drug stores, etc., livery-stables, feed-stables and lots, drays and other vehicles, auctioneers, itinerant traders, theaters and theatrical performances, shows, circuses and exhibitions of all kinds oil-mills, cotton-mills, ice works, laundry and waterworks, emigrant agents, bookagents, peddlers of stoves, clocks, machines or any kind of merchandise whatsoever, itinerant venders of any and all kinds of goods, wares, merchandise or other things, billiard, pool and bagatelle tables kept for public play; every keeper of a shooting-gallery or tenpin-alley; upon the keeper of any table, device,

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stand or play for the performance of any game or play, whether played with sticks, balls, rings or other contrivances; bicycles, or skating-rinks; insurance-agents, life, fire, accident or other insurance companies; loanagents, and agents for any and all kinds of business; banks and bankers and brokers and commission merchants of all kinds; dealers in futures; keepers of slaughter-pens, beef markets, green-grocers, dealers in fresh oysters, fish, vegetables, fruits, breads, meats and other articles of food; contractors and builders and all mechanics or artisans; keepers of blacksmith or repair shops, barber-shops, junk shops, pawnships, or brokers, and upon all and every other establishment, business, trade, calling or occupation not heretofore mentioned, and which under the laws of the State of Georgia are not exempt from municipal tax. License and control of various trades, etc. Section 41. Be it further enacted by the authority aforesaid, That the said city council shall have power and authority to make and establish by ordinance a fiscal year, in their discretion, from which and to which all licenses shall date. Should any person apply for license for any business in said city for which a license is required, at any time after the fiscal year has begun, the city council shall have authority to require from such person the same amount as is required for a license for a full year, and in no case shall said city council be required to prorate the amount of any license for a term less than a full year; provided, however, that no change in a fiscal year shall operate to the injury of any person who has paid the amount of the license required of him. Fiscal year. Section 42. Be it further enacted by the authority aforesaid, That said city council shall have the authority to enforce by execution the collection of any debt or claim due, or to become due, to said city for taxes, license fees, rents, impounding fees, fines and forfeitures, for laying sewers and mains, for cleaning and repairing privies, and for abation nuisances, and for any and all levies, assessments,

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debts or demands, due or to become due to said city. Said execution to be issued by the clerk of the city council and signed by him and the mayor of said city, and directed to the chief of police of the city of Millen, or any other police of said city, and to all and singular the sheriffs, deputy sheriffs and constables of this State, by any of whom the same may be executed, and who are authorized to levy the same upon the property against which it is issued, or on the property of the owner against whom such execution shall issue, and the same to be sold as provided by the Code of the State of Georgia of 1933, sections 92-4201, 92-4401, through 92-4408, in cases of sales for taxes, 92-7601 of 1933 Code shall also obtain. City shall also have benefit of section 92-7601 of 1933 Code of Georgia. Executions for taxes and other claims. Section 43. Be it further enacted by the authority aforesaid, That the cost of issuing and levying of any execution authorized by this Act, and of the sale of any property under the same, shall be paid by the person against whom said execution shall issue, or paid out of the proceeds of the property levied on and sold. And the city council of said city are authorized to prepare and establish a fee bill of said costs. Cost of execution. Section 44. Be it further enacted by the authority aforesaid, That it shall be the duty of the chief of police to levy all executions in favor of the city, and whether a levy is made by him or some other officer, to advertise the same for thirty days as sheriff's sales are now advertised, after which he shall sell the property levied upon before the court-house door in Jenkins County on a regular sheriff's day, within the legal hours of sheriff's sales, at public outcry to the highest bidder for cash, and execute titles to the purchasers, and shall have the same power to place purchasers in possession as sheriffs of the State have; provided, however, should any of the property levied upon as before provided remain in the hands of the

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levying officer, and it should be of a perishable nature or liable to deteriorate in value from keeping, or there is expense attending the keeping of the same (the same not being real estate) it may be sold as in such cases provided in sections 39-1203 through 39-1205 of the Code of the State of Georgia of 1933; except that the order to sell shall be obtained from the mayor. In the event said executions are levied by any person authorized to levy and execute the same other than the chief of police, the time, place and manner of sale shall be the same as if levied by the chief of police. Levy and sale. Section 45. Be it further enacted by the authority aforesaid, That the executions issued in accordance with the power and authority conferred by section 38 of this Act shall have the same force and binding effect as other executions for taxes in case they are for ad valorem taxes due the city, and in case they are for other taxes, licenses, fines, forfeitures or demands due the city, they shall have the same force and binding effect as executions issued from the superior courts and justice courts of this State, and may be levied by any officer to whom they are directed, upon any property in said State subject to execution. The same rights and privileges shall belong to the person against whom execution issued to file an illegality to said execution, and to any person not a party to said execution to file a claim to the property levied on and give bond, as if said executions issued from a justice's or superior court of this State. The papers connected with said claim or illegality cases shall be returnable to that court, according to the amount involved, in Jenkins county, as by the laws of Georgia, has jurisdiction to try other claims and illegalities. In the event the real estate levied on lies in another county, and claim or illegality shall be filed, then such case shall be tried in the court in the county where the land lies, as according to amount involved, has jurisdiction to try similar claims and illegalities. In all cases the officer making sales shall execute title to the

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property sold and put the purchaser in possession of the same. Nature of executions. Section 46. Be it further enacted by the authority aforesaid, That the said city council shall have the power and authority to provide by ordinance when the taxes of said city shall fall due, and tax-executions shall issue against all persons who have not paid their taxes by the time fixed and defined by ordinance. Time to pay taxes. Section 47. Be it enacted by the authority aforesaid, That the said city council shall have the power and authority to contract debts and issue bonds of said city under and in accordance with the limitations provided in the Constitution of the State of Georgia and general laws of the State applicable to municipalities, and with the funds arising from the sale of any bonds thus issued may refund existing debts, establish and maintain a system of waterworks, a system of lights, a public-school system, may erect public buildings, or any other improvement or necessity for the use of the citizens of said city, and to create a debt and issue bonds of said city for any other lawful purpose under the limitations therein stated. Bond issues. Section 48. Be it further enacted by the authority aforesaid, That the city council of said city are authorized to purchase real estate in the city of Millen, and erect thereon a building in which said corporate authorities and the officers of said city may transact the public business of the city, and in which to keep the records, archives and property of said city, and a building for a city prison or guardhouse, and such other buildings as may be necessary or convenient for the carrying on the government of said city; that said city council are authorized to levy and collect a tax upon all the property, real and personal, within the limits of said city, consistent with the Constitution and laws of the State of Georgia in such cases made and provided, with which to pay for said buildings; provided, however, that the said city council shall not have the right

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or power to levy or collect said tax until the same is submitted to and approved by two-thirds of the qualified voters of Millen at an election to be held under the same rules and regulations as other city elections, and of which notice shall be given by publication of same once a week for four weeks in the official gazette of Jenkins county. Those favoring the levying of said tax shall vote in said election, For levying said tax, and those opposing same Against levying tax, and if two-thirds of the qualified voters vote in said election in favor of levying tax, then the council of said city shall be authorized to levy and collect same. Public buildings and tax to pay therefor. Approval by voters. Section 49. Be it enacted by the authority aforesaid, That every male person between the ages of sixteen and fifty years, who has resided in said city thirty days shall be liable to work on the streets and sidewalks of said city not to exceed twenty days in each year, at such time or times as the said city council may require, or to pay a commutation tax in lieu thereof not to exceed $10.00 as the said city council may determine. Should any person liable to work on the streets and sidewalks of said city under this section fail or refuse to do so as said city council may require, he shall be punished, on conviction in the mayor's court, by fine not to exceed two hundred dollars, imprisonment in the guard-house or county jail, by permission of the county authorities, not to exceed thirty days, one or more or all of these, at the discretion of the trial court, and in addition thereto such costs of proceedings as may be incurred. Commutation tax. Section 50. Be it enacted by authority aforesaid, That said city council shall have the power and authority to impose a license on dogs within said city, in such manner and mode as said city council shall deem best; provided, that in no case shall the license exceed one dollar per capita on dogs. This license may be enforced by execution against the owner of the dogs, as other license and taxes of said

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city are enforced. If said license be not paid within the time required by said city council, the said city council may, by ordinance, provide that all dogs upon which said license has not been paid be killed by some duly authorized policeman of said city. Dog license. Section 51. Be it enacted by the authority aforesaid, That said city council shall have the power and authority, by ordinance, to prescribe the limits and regulate the time within which children under the age of sixteen years shall be prohibited from loitering or congregating on the streets or alleys of said city, and to prescribe the penalty for the violation of said ordinance. Curfew laws. Section 52. Be it further enacted by the authority aforesaid, That the city council may establish and maintain a city school system. That city council shall, when necessary and proper, prescribe rules and regulations for the selection of officials for the running and supervision of same. That matriculation fees may be charged, such fees not to exceed Ten Dollars per annum. That said council may exercise all others powers necessary and appropriate for the maintenance of said school system, among such powers shall be the power to lay and collect a tax not exceeding one-fourth of one per cent., on the taxable property of said city, for the support and maintenance of said public schools. School system. Section 53. Be it enacted by the authority aforesaid, That said city council shall have power and authority to provide for the waterworks, and to that end may grant to individuals or corporations the use of the streets, alleys and commons of said city, and under such regulations and restrictions as they may deem proper. They are hereby authorized and empowered to make contracts with individuals or corporations waterworks plant for the purpose of furnishing said city with water, and may in said contract bind the city to pay such amounts of same, regulate prices and limit rates to individual consumers, and guarantee

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such privileges to the individual or corporation erecting and operating same as they may deem proper. Waterworks. Section 54. Be it further enacted by the authority aforesaid, That the city council of said city shall have the power and authority to purchase, erect, equip, operate and maintain for said city a waterworks system, and may bond the city for an amount not to exceed the amount prescribed by the Constitution and laws of the State of Georgia in such cases made and provided, for the erection and maintenance of such waterworks system, upon complying with the following conditions, to wit: Before any waterworks system, owned and operated by the said city, and before said city shall be bonded for their erection or purchase and maintenance, the mayor, upon a recommendation of a majority of the council, shall order an election, of which at least thirty days' notice shall be given by publication of such notice in the official organ of Jenkins county. Said election shall be governed by the rules and regulations governing elections of mayor and council in said city, and the qualification of electors shall be the same. Each voter shall have printed or written on his ballot the words For bonds or Against bonds, and if two-thirds of the qualified voters of said city cast their ballots For bonds, it shall be the duty of the mayor and council to issue them at once; and the method of determining the number of qualified voters of said county shall be determined as is in this Act prescribed. Should said bonds be issued and a waterworks system, under the control and ownership of said city, the mayor and council shall prescribe the method of its operation, and may appoint a superintendent of the same and supervise generally said system or plant. It shall be the duty of said mayor and council to publish in December of each year in some public gazette of said city a statement of the expenses and income of said system or plant. It shall be the duty of said mayor and council to regulate the rates to be charged to consumers for said water, and in no event shall the income to said city from

Page 1194

said waterworks system, exceed an amount sufficient to provide a sinking-fund for the payment of the principal sum due on said bonds, to provide for a sum for the payment of interest on the same, and to provide for the operating expenses of said system or plant until the principal and interest due on said bonds, to provide for a sum for the payment of interest on the same, and to provide for the operating expenses of said system or plant until the principal and interest due on said bonds shall have been paid, when said city council may direct that all income from said waterworks system, except the expenses of running same, be devoted to paying the current expenses of said city. Bonds for waterworks system. Approval of voters. Section 55. Be it enacted by the authority aforesaid, That the city council of said city shall have the right to condemn and appropriate, as hereinafter provided, private property for public use; to lay off and open new streets, alleys, sidewalks, lanes or other ways for the convenience of the public or any citizen or citizens of said city; to vacate, alter, widen curb, pave and keep in good order and repair all streets, alleys, avenues, lanes, sidewalks, and to construct and keep in repair drains, sewers, gutters; to lay off and improve public parks and grounds; to keep all public grounds, streets, sidewalks, lanes, alleys or other ways from obstructions of any kind; to regulate the width of sidewalks and crosswalks on the streets; to grade and change the grade of all the street, sidewalks, alleys, lanes, avenues or other ways; to require adjacent landowners or lessees to curb, pave or improve sidewalks at their own expense, under the direction of the authorities of said city, and upon failure of the landowners or lessees so to do, the authorities of said city may have such work done and collect the cost thereof from the adjacent landowners or lessees by execution as other taxes are collected. Condemnation. Control of streets, etc. Section 56. Be it enacted by the authority aforesaid, That in all cases where the authorities of said city see

Page 1195

proper to open any new street, or to widen any street, lane or alley, or in any way to change the same, it shall be lawful for them to have said street, lane or alley, or the proposed change in same, surveyed or marked, and before proceedings to open same, they shall give notice in writing to the owner of the land through which said street, lane or alley is to be opened, widened or changed, twenty days, during which time it shall be lawful for such owner, his agent or attorney, in case he can not agree with said authorities as to the amount of damages, to file objections to the opening of said new street, lane or alley, or to the widening or changing of said street, lane or alley, and make claim for damages which may result to such owner. In case no objection or claim for damages is filed within twenty days, it shall be lawful for the city council to proceed at once to open said street, lane or alley, or make such change in any old one agreeable to the survey made before the commencement of the proceedings, and the owner of the land through which said new street, or through which such change is proposed to be made shall be estopped thereafter from claiming any damages by reason of the opening of said new street, or by reason of the changing or widening of any old one. In case objections are filed and damages are claimed, it shall be the duty of the mayor of the city to select one disinterested freeholder, resident in said city, and the owner or his agent shall select another, and these two shall select a third, and, in case the said owner or his agent shall refuse to select an assessor, the ordinary of Jenkins county shall appoint one for him, on application to him reciting said fact by the mayor of said city, and the three assessors so chosen, after hearing such evidence as may be offered by either party, shall proceed to assess the damage resulting therefrom; provided, either party being dissatisfied with said award shall have the right to appeal from same to a jury in the superior court of Jenkins county, under the law governing appeals in other cases. Notice of street changes. Objections. Claim for damages. Assessors. Appeal to superior court.

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Section 57. Be it enacted by the authority aforesaid, That the city council shall have the right and power to regulate the use of all sidewalks, crosswalks and structures over or under the same; to require the owner or occupant of any premises to keep the sidewalks in front of or along the same free from obstructions of any kind; to regulate and prevent the throwing of ashes, offal, dirt, garbage or any offensive matter into any street, avenue, lane, sidewalk, alley, yard or public place within the city, and to prevent any injury of any kind to any street, lane, alley or public grounds, or public buildings of said city. Street regulations. Section 58. Be it further enacted by the authority aforesaid, to provide for and regulate the curbs and gutters that flow into the streets or on the sidewalks of said city; to regulate or prohibit the use of the streets and public grounds for signs, signposts, awnings, horse-troughs, racks, and for posting handbills and advertisements, to regulate or prohibit carrying of banners, handbills and placards on the streets and sidewalks and public places of said city. Control of signs, awnings, etc. Section 59. Be it enacted by the authority aforesaid, That the city council of said city shall have the right and power to prescribe the limits in which wooden buildings or structures of any kind shall not be erected, placed or repaired without the permission of said city council; to provide that any and all buildings within said fire limits, known as fire limits, which shall have been damaged by fire, decay or otherwise to the extent of forty per cent. of their value, shall be torn down and removed, and to prescribe the manner of ascertaining such damage and the damage sustained by the owners by reason of being thus compelled to tear down or remove such buildings. In case of an offense against such fire regulations, the city council, after having given five days' notice, shall cause any building not fireproof, and erected in violation of the ordinances of said city, to be removed at the expense of the owner or builder thereof, to be collected by execution

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as in case of other executions issued by said city, and said city council shall have the right to determine what are and what are not fireproof buildings within the meaning of the said ordinance. Said city council shall have the right and power to prohibit and to prevent the construction and use of dangerous chimneys, fireplaces, hearths, stoves, stovepipes, ovens boilers, gasoline and other lamps and apparatus used about any building or manufactory, and to cause the same to be removed or placed in safe condition at the expense of the owner, when in the opinion of the city council it is necessary to do so in order to insure safety from fire. Fire limits. Section 60. Be it further enacted by the authority aforesaid, That the mayor and board of councilmen shall elect a chief of fire department and any other officers and men thereof, and shall have power to suspend or remove any of them whenever they shall deem it necessary for the well being and efficiency of the department. They shall have power to prescribe all rules and regulations for the general management of the officers and men of this department and fix by ordinance the salaries of the same. The chief and all members of the fire department shall be elected for one year, but may be removed or suspended, as hereinbefore set out. Officers of fire department. Section 61. Be it enacted by the authority aforesaid, That said city council may exercise general supervision over all buildings of every character within the limits of the city, and whenever in the judgment of the mayor any building in said city by reason of want of proper repairs or defect in construction, is dangerous, mayor may report it to the city council at a regular or call meeting of the same. At said meeting if a majority of those present shall be of the opinion that the building is dangerous for any of the reasons aforesaid, they may pass a resolution so declaring. Upon the passage of such resolution the mayor shall cause written notice of said action to be furnished

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to the owner or tenant in possession of said building, and directing that the defect be remedied within ten days. If at the expiration of said ten days such defect has not been remedied in accordance with said notice, it shall be lawful for the mayor of said city to cause it to be done summarily and issue execution for the costs thereof against the owner of the said building. In case said owner or tenant in possession shall fail or refuse to remedy the defect in question, and said city council are of the opinion that it can not be satisfactorily remedied, it shall be lawful for them to cause such building to be destroyed or torn down in the most expeditious manner. Said mayor and council shall not be liable in damages for exercising the power conferred by this section, unless it be shown by the party complaining that Acts done were done maliciously. Dangerous buildings. Section 62. Be it further enacted by the authority aforesaid, That the city of Millen is hereby authorized and empowered to condemn lands within or without the corporate or jurisdictional limits of said city for the erection of public buildings for said city, for parks, water supply sewers, cemeteries, plant for handling and disposing of sewerage purposes, for purpose of opening streets, alleys or ways of said city, for the removal of dilapidated and unwholesome buildings, and for other purposes in keeping with corporate powers and functions, and to pay owners of said property for purposes herein set out, under the terms and provisions as are now, or may hereafter be, provided by the law of the State of Georgia in such cases. Condemnation. Section 63. Be it enacted by the authority aforesaid, That the city council of said city shall have full power and authority to prevent horses, mules, cattle, hogs, sheep, goats, dogs, chickens and all other animals and fowls from running at large in said city, and to prevent, regulate or prohibit the keeping of hogs and cattle in said city, and to punish the owners of such animals and fowls who refuse to obey an ordinance to carry this authority

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into effect. Said city council shall have authority to establish a pound, and to charge the same whenever they deem proper; to fix a schedule of charges and penalties to be paid by the owner of impounded animals or fowls before their release; to regulate the mode and manner of sale or disposition of impounded animals or fowls, where pound fees or penalties or costs are not paid; to provide for proper notice and advertising of impounded animals or fowls, and to provide for the disposition of the proceeds of the sale of impounded animals or fowls, and to provide for the punishment of all persons who without authority break or enter said pound. Animals. Section 64. Be it enacted by the authority aforesaid, That the city council of said city shall have the right and authority to provide for the inspection of steam-boilers, to regulate and prevent the storage of gunpowder, tar, pitch, rosin, coal-oil, benzine, naphtha, turpentine, cotton, petroleum, kerosene oil, nitro-glycerine, dynamite, or any other combustible or explosive substance or material within the limits of said city; to regulate or prohibit the use of lights in stables, shops or other places, and the building of bonfires; to regulate or prevent the use of fireworks, firecrackers, torpedoes, skyrockets, roman-candles, and other pyrotechnic displays. Boilers, dangerous substances. etc. Section 65. Be it enacted by the authority aforesaid, That said city council shall have the power to summarily and forcibly remove at any time and without notice to any one any and all obstructions of any character whatever from the streets, sidewalks, alleys and commons of the said city. They shall have power to prevent tramps, street-walkers, vagrants, loiterers, idle persons and lewd females from walking the streets and sidewalks of said city, and may punish them in their discretion by any punishment authorized by this Act. And whenever it shall appear to the mayor of said city by evidence sufficient to excite the suspicions of a reasonable and prudent man that

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any room, house, building or cellar in said city is being used as a house of ill-fame, as a residence of lewd women, or as a place where gambling or other immoral and illegal and disorderly practices are carried on, said mayor may order the chief of police of said city or any regular or special policeman thereof to enter said building, house, room or cellar, by force, if necessary, and arrest the occupants thereof and bring them before the said mayor to be dealt with according to the law. Removal of obstructions. Vagrancy. Disorderly houses. Section 66. Be it enacted by authority aforesaid, That said city council shall have the right and power to regulate traffic and sales upon the streets and public places of said city; to regulate the speed of horses or other animals, vehicles and bicycles, automobiles or other means of locomotion, cars and locomotives within the limits of said city; to suppress rowdy or disorderly houses, houses of ill-fame, houses of assignation within the limits of said city, and to prohibit the sale or exhibition of any obscene or immoral publication, prints, pictures or illustrations. Traffic, speed, and other regulations. Section 67. Be it enacted by the authority aforesaid, That the city council of said city shall have the right and power to declare what shall be a nuisance and to abate the same, and to provide for the punishment of persons who may create, continue or suffer nuisances to exist; to prevent the establishment of any unwholesome or offensive business within the limits of said city; to compel the owner of any cellar, stable, pigsty, privy, sewer or any other unwholesome or noxious house or place to cleanse, abate, or remove the same. Nuisances. Section 68. Be it enacted by the authority aforesaid, That the mayor and council of said city are hereby authorized and empowered to fix the license for the sale of liquors, wines and all other beverages containing any alcoholic stimulants whatever at such amount as they shall fix by ordinance, and any person before selling shall pay to the treasurer of said city said sum and receive license; and

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should any person sell any quantity of liquors, wines or beverages in said city without having paid the license fee as aforesaid, the mayor of said city is hereby authorized and empowered to issue an execution instanter, signed by himself and the clerk of said city council, and directed to the chief of police of said city against the seller, which execution shall be levied on any property of the seller found in the city, and sold as is provided in other levies and sales; and should an illegality be filed by the person against whom the fi. fa. is issued, the same shall be heard and determined by said mayor and council, and if such person desires to certiorari to the superior court from the decision of said mayor and council, he must execute a bond with good security in such sum as shall be equal to double the amount of said license fee, payable to said mayor and council, and to be approved by the mayor and should the judgment of the mayor and council overruling the illegality be sustained by the higher court, then said bond to be collected from the principal and his surety. Liquor. Section 69. Be it enacted by the authority aforesaid, That in addition to the remedy provided for in section 68 of this Act, the said mayor and city council are hereby authorized and empowered to make it unlawful to keep or sell illegal liquor or to sell without legal license, any intoxicating, spirituous or malt liquors, any wine, beer, cider, drinks or beverages of any kind whatever, and, that for violation of any ordinance passed under this authority, the violators shall be punished by fine of one hundred dollars or less for each violation of same, or in case fine is not paid, be sentenced to serve thirty days or less in the city jail or at work on streets of said city. The provisions herein relating to liquors or other intoxicating beverages are not to be in force and effect, where same would be in contravention or contradiction of general State laws, or the Act passed in 1937 by the General assembly of Georgia upon this subject. Persons violating this section shall be tried and sentenced in mayor's court. Punishment for liquor license violation.

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Section 70. Be it further enacted by the authority aforesaid, That it shall be the duty of the chief of police, either upon written or verbal notice from the mayor or any member of the board of councilmen, to prosecute all offenses against the laws of this State within the limits of the city of Millen, in case any crime is committed in the presence of the chief of police or other officer, or comes to their knowledge, it shall be their duty to prosecute same without such notice. Chief of police to prosecute. Section 71. Be it further enacted by the authority aforesaid, That the board of health shall have the supervision of all streets, lanes, alleys, water closets, together with the drainage and sewers of the city. They shall also examine all public buildings and institutions within the city and compel such sanitary regulations therein as they may deem necessary and proper. Said board of health shall make a full report of its actions and doings to the mayor and board of councilmen every three months, together with such recommendations touching the public welfare as they may see fit and proper, and shall also make such other and further reports from time to time as the mayor and councilmen may require. Three members of said board shall constitute a quorum for the transaction of business, except in times of epidemics, and two members shall have power to Act. The record of proceedings of this board shall be opened to public inspection, and shall be filed carefully and kept among the records of the city government. Said board of health shall have power to declare what are infected parts or places on information satisfactory to them, public notice of which shall be sufficient to give legal effect to all of their subsequent Acts. They may establish such quarantine regulations and require vaccinations for diseases, with the approval of the mayor and board of councilmen, as are not in conflict with the Constitution and laws of this State or the United States. They shall have power and authority to require all physicians, clergymen, and magistrates to make a report of all births, marriages and

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deaths, occurring in the said city with which they have professional relation, which reports shall be turned by the said board to the city clerk. That whenever any member of the said board shall fail to attend three consecutive meetings of said board without sufficient cause the chairman shall report the same to the mayor and councilmen, who shall have authority to declare his place vacant and fill the same as in the first instance. Said board shall be paid by the city the amount prescribed by the mayor and councilmen. Said board of health may appoint a city health officer and prescribe his powers and duties. The authority to appoint or elect this board of health and to prescribe its duties, pay, etc., shall be in council. Use of this section is optional. Board of health. Section 72. Be it further enacted by the authority aforesaid, the mayor and board of councilmen shall, upon the report of the board of health, cause any nuisance likely to endanger the health of the city or any neighborhood or place, to be abated in a summary manner, and where the nuisance is caused by the act of negligence of any individual, firm or corporation, the expense of such abatement shall be charged against the party causing the same, and payment thereof enforced by fine or imprisonment, or both, in the discretion of said mayor and board of councilmen. Abatement of nuisances. Section 73. Be it further enacted by the authority aforesaid, That the mayor and board of councilmen shall, on the report of the board of health, cause the owner or owners of lots within the city to drain the same, or fill the same to the level of the streets or alleys on which said lot or lots front; also on like report to cause the owner or owners of cellars holding water to cause the same to be emptied of the water, or filled up if necessary, and whenever the owner or owners of any such lot or lots, or cellar or cellars, shall refuse or fail, after reasonable notice to him or his agent, or to the tenant in possession of said

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premises, to comply with all the requirements of said mayor and councilmen for the period of twenty days, it shall be lawful for the mayor and the owner, and for the amount so expended the clerk of the city shall issue an execution against said owner to be collected from said property, or any other property belonging to him, and of said property a sale by said sheriff under judgment and execution shall be had and said owners are subject to punishment for maintaining a nuisance. Drainage. Section 74. Be it enacted by the authority aforesaid, That the city council of said city shall have the power and authority to offer and pay suitable rewards for the detention, prosecution and conviction of persons committing within the limits of said city crimes against either the laws of the State of Georgia or against the rules, regulations and ordinances of the said city of Millen. Rewards. Section 75. Be it enacted by the authority aforesaid, That all by-laws, ordinances, resolutions, rules and regulations heretofore passed and enacted by the council of the town of Millen not heretofore repealed and of force under the charter of the town of Millen now repealed by this Act and not in conflict with this Act, are hereby reenacted and made of binding force and effect under this charter until the same are repealed by vote of the city council of the city of Millen. Ordinances of force. Section 76. Be it enacted by the authority aforesaid, That all legal contracts heretofore entered into by the town of Millen, or the corporate authorities thereof, shall be good and valid for and against the city of Millen to the same extent as they would have been good or valid for or against the town of Millen had this Act not been passed. All the rights and liabilities of the town of Millen shall accrue and survive to and against the city of Millen. All property and the right thereof now held and owned by the town of Millen shall be and become the right and property of the city of Millen. Former contracts valid.

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Section 77. Be it further enacted by the authority aforesaid, That the mayor and city council may codify all ordinances and by-laws of said city, together with the charter of said city, into one book, to be known as the code of the city of Millen, and when same is adopted by mayor and council, said code shall be admitted in evidence in any of the courts of this State, upon the certificates of the clerk of said council certifying the same to be the code of ordinances and laws of said city. City Code. Section 78. Be it further enacted by the authority aforesaid, That the Act of General Assembly, approved August 20, 1906, incorporating the city of Millen except such part or parts thereof as may be in conflict with this Act, be and they are hereby continued in operation, confirmed and consolidated with and made a part of this Act all other Acts passed by General Assembly, pertaining and relating to the city of Millen that have been enforced heretofore and not in conflict with provisions herein contained, shall continue in force, and the Act of 1927 concerning improvements in said city of Millen shall be and is hereby incorporated as a part of this Act. Section 79. Be it enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved March 24, 1939. MORGAN CITY CHARTER. No. 48. An Act to create a new charter of the City of Morgan in the County of Calhoun, and to reincorporate said City, and define its territorial limits, to continue in operation, confirm and consolidate all Acts herefore passed incorporating said City and amending charter thereof; to provide for all ordinances, rules, regulations and resolutions

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of said city now in force and not in conflict with this Act, be preserved, continue of force and remain valid and binding until the same are repealed and amended; to declare and constitute the rights and powers of said corporation; to provide the rights and powers, duties and liabilities and qualifications of all officers, and the manner of their election and removal from office; to provide for the retention of office for the present officers of said city until the election provided for in this charter is held; to provide for the qualifications of all electors and voters therein, and for the registration books of said city shall be open; to provide for the mayor's court and the trial and punishment therein of all offenders against the laws of said city, and manner of appeal therefrom; to provide for a city chain-gang and stockade and the working of prisoners therein and regulations and management of the same; to provide for a board of health and the officers thereof; to provide for the proper regulation of the water system of said city; to authorize the mayor and council to maintain and operate a system of waterworks and sewers; to authorize said city to borrow money, to hold elections for issuance of bonds for said purpose and other improvements, and other evidences of debt for like purposes; to provide for parks and create a commission therefor, to regulate cemeteries, to grant and regulate franchises and to provide for streets, avenues, lanes and alleys, sidewalks, crossing ditches, drainage, and for the laying out, operating, grading, working and paving and curbing the same; to provide for the opening up of all streets, avenues and squares; and the assessment of the abutting property owners for such improvements; to provide for a division of the expenses of such laying out, opening, paving and curbing of said streets, alleys, crossings, avenues, sidewalks and squares between abutting property owners and the city, and to provide a levy of taxes therefor; and the creation of liens against the property affected by

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such improvements; to provide for the proper condemnation of property for public use; to create and maintain a Chamber of Commerce; to provide for the assessment, levy and collection of an ad valorem tax on all property, real and personal, for general purposes, the manner in which the money shall be raised to authorize the assessment and collection of a tax for street work and improvement; to provide for the taxation and license of all kinds of trade, business, professions, shows, exhibitions and entertainments in said city, to grant encroachments on the streets, to force the connection of all closets and sanitary sewers, and to provide a penalty for failure to do so, to regulate the manner in which the town shall do such work and hold and enforce a lien against the owners of property for such work; to provide for a general policing and all police laws and the general welfare of the citizens and inhabitants of said corporation; to provide for all matters and things necessary and proper or incident to a municipal corporation, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act the government of the said City of Morgan shall be vested in a mayor and four councilmen. The present mayor and council of said City of Morgan shall continue in office until the first day of January, 1940, and until their successors are elected and qualified, and they and their successors and associates shall have perpetual succession, with power and authority to contract and be contracted with, to sue and be sued, to plead and be impleaded, to have and use a common seal, shall be able in law and equity to purchase, have, hold and enjoy, receive, possess and retain to them and their successors in office for the use and benefit of the City of Morgan, in perpetuity or for any term of years, any estate or estates, real or personal, of every kind and nature, within or without the

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corporate limits, for corporate purposes, to have and hold all property now belonging to the town, either in its own name or the name of others, to the use of said town for the purpose and intents for which the same was given, granted, dedicated or purchased; to use, manage and improve, sell convey, rent or lease the same, and shall have like powers over the property hereinafter required; and shall succeed to all the rights and liabilities of the present corporation. They shall have power to borrow money and give evidence of indebtedness for the same; to issue bonds from time to time, and to do and perform all and every Act and Acts necessary or incidental to the raising of funds for the legitimate uses of said city. They shall have the right, power and authority to govern themselves by such rules, laws, by-laws, regulations, ordinance or other orders as they may deem proper, not in conflict with this charter or the Constitution and laws of this State or the United States. Government and corporate powers. Section 2. Be it further enacted that the corporate limits of the said municipality shall remain as they are at present. Territory. Section 3. Be it further enacted that there shall be held on the first Saturday in December, 1939, an election, at which election a mayor and four councilmen shall be elected, and they shall hold their respective offices until first Monday in January, 1941, and until their successors are elected and qualified. On the first Monday in January....., or as soon thereafter as practicable, the mayor and council elect shall meet at the usual place for holding council meetings in said City of Morgan, or at any other place named by them, and shall there severally take, before some officer authorized to administer oaths by law, the following oath of office, to-wit: I do solemnly swear that I will well and truly demean myself as mayor (or as councilman, as the case may be) of the City of Morgan for the ensuing term, and that I will faithfully

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enforce the charter and ordinances of said City of Morgan, to the best of my ability, without fear or favor, and will in all my actions as mayor (or councilman) Act as I believe for the best interest of said city, so help me God. Should the mayor or any councilman be absent from said meeting, he or they may take said oath of office as soon thereafter as possible. Election of mayor and councilmen. The mayor and council may provide by ordinance for regular meetings, not fewer than one in each month, and shall hold such special meetings as the business of said city may require, to be convened as provided by ordinance. Council meetings. Section 4. Be it further enacted that no person shall be eligible to office of mayor or council of said city unless he shall have resided in said city not less than one year immediately preceding his election, and shall be qualified voter in the municipal elections for officers of said City of Morgan, and shall be a freeholder in said city, and shall qualify as a candidate by filing his name with the clerk of said city at least five days before said election. Qualifications. Section 5. Be it further enacted that all persons qualified to vote for members of the General Assembly in this State, and who shall have paid all taxes due the State and County, and all taxes, fines and monies of every nature legally imposed and demanded by the authorities of said city, and who shall have resided in said city three months prior to the election at which they offer to vote, and who shall have registered as required by the registration laws and orders of said city, shall be qualified to vote at any election held under the provisions of this charter. Qualified voters. Section 6. Be it further enacted that it shall be the duty of the clerk of council to keep a book to be known as the permanent registration book of the electors of said city, and the electors of said city shall sign said book upon taking an oath contained therein, which shall be substantially as follows: I do solemnly swear that I have

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resided within the limits of the City of Morgan for the three months, and the County of Calhoun for the 6 months, and State 12 months last passed, and that I have paid all taxes legally imposed upon the required of me by the authority of the City of Morgan and the State of Georgia, so help me God. Registration. Section 7. Be it further enacted that the city clerk shall keep said permanent registration book open daily during such reasonable hours as may be prescribed by the mayor and council, to enable the electors of said city to register therein, and 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, provided that all qualified electors whose names now appear upon the voters' book of said city need not again register. Section 8. Be it further enacted that whenever any general or special election is to be held in said city, it shall be the duty of the clerk to close said registration book ten days before said election and turn over same to the mayor who shall, with the advice and consent of the council, appoint a board of three registrars whose duty it shall be to make from said book a list of voters for such election and in making said list, the registrars shall exclude the names of all persons on the registration lists who registered less than ten days before said election as well as those who have died, removed from the city limits, or who have disqualified themselves in any way as legal voters. The list of voters so made up by the registrars shall be furnished to the managers of the election, and no person whose name does not appear on said list shall be allowed to vote in said election unless he produces a certificate signed by the registrars that his name was omitted therefrom by accident or mistake. The council shall

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provide a reasonable compensation for the work done by the registrars. Registrars. Section 9. Be it further enacted that all elections held under the provisions of this charter, and all elections in which any subject or question is submitted to the qualified voters of said city of Morgan, shall be managed by a justice of the peace or some other judicial officer, and two freeholders who are citizens of said city of Morgan, owning realty therein, provided that in the absence of the justice of the peace or other judicial officer three freeholders shall be qualified to Act as managers. Each of said managers, before entering upon his duties, shall take or subscribe before some officer authorized to administer oaths the following oath: Each of us do swear that we will faithfully and impartially conduct this election according to law, and will prevent all illegal voting, to the best of our skill and knowledge, and make true returns thereof, so help me God. Management of elections. Said managers shall keep or cause to be kept two lists of voters at said election, and two tally sheets. All elections shall be held in the city hall or other convenient place designated by the mayor or council. The mayor and council may divide said city into wards and designate a voting place in each ward and the voting shall be by ballot. The polls shall be opened at 8:00 o'clock A. M. and closed at 3:00 o'clock P. M., standard or central time. The persons receiving the highest number of votes for the respective offices shall be elected. The managers for said election held under the provisions of this charter shall be named and appointed by the mayor and council, prior to the elections and the mayor and council shall determine and provide for the pay of the managers. Said managers shall make returns of the election to the clerk of the mayor and council and deliver all election papers and ballots to him, who shall destroy them in 30 days after such election, if no contest or contests be filed.

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Section 10. Be it further enacted that in the event anyone desires to contest any election in said city, said contest shall be conducted under the rules and regulations now prescribed by law, and it shall be the duty of the city clerk of the mayor and council to produce the ballot box and deliver to the Justice of the peace or other officer who shall be selected to take evidence to said case, or before some officer who may be designated by law to take testimony in the contest. The said clerk shall produce said box and said contests at the time and place fixed for taking testimony in said contest, and whenever he may be required to produce said box and its contest on account of said contested election, he shall be allowed five dollars for his service, to be paid out of the treasury of said city. Contests of elections. Section 11. Be it further enacted that in the event any contest for any of the said offices is instituted, that the certificate of said election shall not be delivered by the managers of said election until the contest is heard and determined as now required by law in such cases made and provided. And it shall be the duty of the officers in commission at the time said election is held to continue to discharge the duties of their offices until said contest is heard and determined. If the election managers should violate any of the provisions of this Act, they shall jointly and severally be guilty of a misdemeanor, and upon conviction be punished as provided in the Penal Code of the State of Georgia. Section 12. Be it further enacted that the sickness, absence or disqualification of the mayor, the mayor pro tem., or in the event of his sickness, absence or disqualification any one of the councilmen chosen by the council shall be clothed with all the rights, powers and privileges of the mayor, and shall perform the duties of the mayor. Absence of mayor. Section 13. Be it further enacted, that the mayor, or mayor pro tem., and two members of the council shall

Page 1213

constitute a quorum for the transaction of any business before the council, and the majority of the votes cast shall determine all questions and elections before the council. On all questions before the city council the mayor or mayor pro tem., if he be presiding, shall be entitled to vote only in case of a tie. All elections for officers by the mayor and council shall hold their meetings within the limits of said city at such time and place as they see proper. Quorum, etc. Section 14. Be it further enacted that in the event the office of mayor or any one of the councilmen becomes vacant by death, resignation or removal from the city, or otherwise, the mayor and council, or in case the mayor's office is vacant the council, shall order an election for the purpose of filling the vacancy or vacancies, by giving such notice as will be provided by ordinance, and the election shall be held, returns made, and results declared in the same manner as in the regular election for mayor and council as herein provided; that should the vacancy or vacancies occur within 60 days preceding the regular election of said city, then and in that event the vacancy or vacancies may be filled by the mayor and council, or mayor pro tem., in case of vacancy in the mayor's office and council; the person or persons elected shall be duly empowered and qualified to fill the vacancy or vacancies until the regular election. Vacancies. Section 15. Be it further enacted that the mayor and council shall, at their first meeting after being elected, or as soon thereafter as practicable, elect from their number a mayor pro tem., who shall in the absence of the regular mayor Act for him and in his stead, and be clothed with all the powers vested in the newly elected mayor. Mayor pro tem. Section 16. Be it further enacted that at the first regular meeting of the mayor and council of said city after their election and qualification they shall elect a city clerk, who may Act as recorder-treasurer. Said clerk shall be exofficio tax receiver and tax-collecter and clerk of the

Page 1214

mayor's court of the City of Morgan, and clerk of the mayor and council. They shall also elect a chief of police and such additional policemen as the mayor and council may deem fit. Said mayor and council shall have the authority to retain and employ a city attorney and such other officers as they may deem necessary in the governing of said city. All said officers shall hold their office at the pleasure of the mayor and council, not to exceed one year, and shall be paid out of the city funds by an order drawn by the city clerk on the city treasurer and countersigned by the mayor, or in his absence by the mayor pro tem., or the chairman of the finance committee, and all other expenditures shall be paid by an order drawn and countersigned in the same manner. And said officers as chosen by the mayor and council shall give bond in such sums as may be required by the mayor and council, conditioned for the faithful performance of their duties and for the accounting for all monies entrusted to their keeping. Other city officers. Section 17. Be it further enacted that any of the officers and employees of the City of Morgan may be removed at any time by a majority vote of the mayor and city council for the neglect of duty, incapacity, or malfeasance in office. All of said officers shall be governed by such rules and regulations as may be prescribed by the mayor and city council which are not inconsistent with this Act. The mayor shall have the authority to suspend any officer temporarily, in his discretion, until the next regular meeting of the mayor and council when such officer shall be given a trial. Removal and suspension. Section 18. Be it further enacted that the mayor and city council may also appoint special policemen, when, in their judgment, such appointments may be necessary, such policemen shall be discharged when the emergency requiring their service has passed, and to be compensated as the mayor and city council may determine, or the city council may by ordinance provide for the appointment by

Page 1215

the mayor, at a fixed compensation per day, week, or month, of such special policemen. When such policemen are on duty they shall have the same authority and be charged with the same duty as prescribed for the regular policemen in the city. Special policemen. Section 19. Be it further enacted that in no case shall the corporation herein created be liable for damages to any person or persons for any unlawful or unauthorized arrest or false imprisonment made and affected 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. City not liable for unlawful arrests. Section 20. Be it further enacted that the municipal government of said city shall be vested in the mayor and four councilmen, and such other officers as the mayor and council may see fit to elect and appoint as herein provided; that the said mayor and council shall constitute a legislative department of said city, and, as such, shall have the full power and authority from time to time to make and establish rules, laws, ordinances, regulations and orders, as to them may seem right, and proper, respecting drainage, ditches, bridges, streets, railroad crossings, street-railways, automobiles, bicycles, carriages, drays, hacks, wagons, airships, livery stables and sales stables, warehouses, storehouses, hitching places, markets, slaughter houses, sleeping apartments, restaurants, cafes, opera houses, theaters, picture shows, and all kinds of shows and circuses, dance halls, skating rinks, bowling alleys, pool and billiard rooms, and all other places of amusement, garages, shops, mills, factories, ginneries, barber shops, soda founts, beer saloons, telegraph and telephone companies, gas, water, light, and electrical companies, power companies, booths, stands, tents, and all other matter and things whatsoever that may be by them considered necessary or proper or incident to the good government of the said city,

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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 thing and Act necessary or incident to municipal government, and shall not conflict with any special power or authority given said government by this Act or by any Acts heretofore passed, but shall be construed as in addition to and in aid of such powers that are not repealed by this Act. Powers of mayor and council. Section 21. Be it further enacted that there may be an appeal from the decision of the clerk or registrars, as to the right of a person to register, to a committee of three freeholders previously appointed by the mayor and council for that purpose, whose decision shall be final. All appeals shall be made, heard, and determined within five days from the time the appeal shall be filed. After all appeals are decided, it shall be the duty of the clerk or registrars to make a correct list of the registered voters and furnish the managers of the election a certified copy of the same. The registration book shall be open to the inspection of the public at all times during office hours. The said committee of registrars shall have the authority to purge said registration lists of all illegal voters upon three days' written notice to the person or persons who have registered illegally. Appeal from registrars. Purging registration list. Section 22. Be it further enacted that it shall be the duty of the clerk or registrars to furnish the managers of the election, at or before the opening of the polls on the day of election, with a complete list of the registered voters, arranged in alphabetical order, or certified to under the hand of the clerk or registrars, and the corporate seal of the city. List of registered voters. Section 23. Be it further enacted that any person voting at any city election who is not qualified to vote according

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to the provisions of this charter shall be guilty of a misdemeanor, and upon conviction be punished as prescribed for a misdemeanor punishment by the Penal Code of the State of Georgia. Illegal voting. Section 24. Be it further enacted that in all elections in said city the mayor, in conjunction with the chief of police of the City of Morgan and other officers, shall take all necessary measures, steps and precautions to preserve order, to prevent the carrying of any weapon, and to secure to the electors the right to deposit their ballot at the polls without fear or 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. Good order during elections. Section 25. Be it further enacted that no person is eligible to hold the office of mayor or councilmen in said city unless he be twenty-one years old, a qualified elector of the City of Morgan, and shall have resided in the City of Morgan for a period of one year immediately preceding his election. The mayor and council shall, at the last regular meeting in December of each year, fix the salaries of all city officials who are to begin their term of office on the first day of January following, which salaries shall not be increased or diminished during the term for which officers were elected. The mayor or any member of council may have an attorney represent said City and receive therefor compensation as may be provided. Qualifications of mayor and councilmen. Salaries of officers. Section 26. Be it further enacted that the mayor shall be the chief executive officer of the city, and shall have general supervision over its affairs. He shall sign all deeds and contracts, except deeds made for property sold under execution at public sale, which shall be signed by the marshal or chief of police, approve all bills and vouchers for the payment of money, and shall be clothed with veto power as hereinafter set out. It shall be his duty to see that the laws and ordinances of the city are faithfully carried out and executed within the corporate limits of

Page 1218

said town. He shall keep the board of councilmen advised from time to time of the general condition of the city, and shall recommend such measure as he may deem necessary or expedient for the welfare of the city. He shall preside over the meetings of the board of councilmen, and may call them together at any time when deemed necessary by him; he shall also devote all the time necessary to the discharge of the duties of mayor and councilmen of said city. Duties of mayor. Section 27. Be it further enacted that should the mayor or any member of the board of councilmen be guilty of malpractice in office, or wilful neglect of his office, or abuse of the powers conferred upon him, or should be guilty of any other Act or Acts or general conduct unbecoming an officer of the city of Morgan, he shall be impeached by the board of councilmen, and upon conviction shall be removed from office. Malpractice in office. Section 28. Be it further enacted that the police force of said city shall consist of a chief of police and such other officers and men as the mayor and council may by ordinance prescribe. Their term of office shall be one year, but they may be discharged or suspended at any time by the mayor and council, after trial, for neglect of duty, incapacity, conduct unbecoming an officer, or other like offense, when in their judgment it is best for the good of the service of the interest of the city. The compensation of the officers shall be fixed by the mayor and council. The chief and other police officers shall preserve the peace of the town, and they shall have power and authority to confine all persons arrested in the city prison or in the common jail of Calhoun County, and bring them before the mayor's court for trial or commitment; provided that all persons not intoxicated, desiring to give bail for their appearance before such mayor's court in bailable cases, shall be allowed to do so. The mayor and board of councilmen shall have power to prescribe all rules and regulations, from time to

Page 1219

time, for the general management and discipline of the said police force of the city. Police force. Section 29. Be it further enacted that it shall be the duty of the chief of police, upon the notice given by the mayor or mayor pro tem., or any member of the board of councilmen, to prosecute all offenders against the laws of the State committed within the corporate limits of the City of Morgan. In case any crime is committed in the presence of the chief of police, or comes to his knowledge, it shall be his duty to prosecute the same without notice. Chief of police to prosecute. Section 30. Be it further enacted that the chief of police shall give bond in such sum as the council may require for the faithful performance of his duties as such. Bond of chief of police. In case of death, resignation, removal from office of the chief of police, the mayor, and in his absence, the mayor pro tem, and in his absence the board of councilmen, shall appoint some person to perform the duties of the chief of police until the next regular meeting of the council, when the mayor and council shall elect a successor for the unexpired term of said chief of police. Vacancy. Section 31. Be it further enacted that the clerk or recorder-treasurer of the City of Morgan shall give bond in such sum as required to be fixed for his term of office by the mayor and council, with good security, conditioned for the faithful performance of his duties as clerk or recorder-treasurer of said city, which bond shall be approved by the mayor. He shall also take and subscribe an oath before the mayor that he will, to the best of his ability, faithfully perform the duties of his office without favor or partiality. Bond of clerk or recorder-treasurer. Section 32. Be it further enacted that it shall be the duty of the city chief of police or marshal to levy and collect all executions for taxes or other money due the city; to advertise and conduct all sales of property under

Page 1220

execution or other process; execute deeds, or other conveyances, used in such cases; attend all meetings of the mayor and council and mayor's court, collect all fines, taxes, and other money due the city, attend to the issuance of all licenses, permits, etc. and perform such other service as the mayor and council shall require; that before entering upon the duties of his office such chief of police or marshal shall take and subscribe such oath as may be prescribed by the mayor and council. Duties of police chief. Section 33. Be it further enacted that it shall be the duty of the clerk or recorder-treasurer to receive and disburse all money of the city upon proper orders, and he shall make itemized reports of all receipts and disbursements and submit same to the mayor and council whenever called upon by them to do so; he shall attend all meetings of the mayor and council and keep the minute books and files of the same, sign and issue as clerk or recorder-treasurer executions and other writs and processes for the collection of taxes due the city, and perform such other duty as may be required by the mayor and council, or required of him by ordinance. He shall also attend all meetings of the board of health of said city and keep the minute books and files of the same. Duties of clerk or recorder-treasurer. Section 34. Be it further enacted that the mayor and council shall elect a chief of the fire department, and any other officers and men thereof, whose duties shall be prescribed by said mayor and council and by the ordinances of said 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 by ordinance the salaries of the same. The chief members of the fire department shall be elected for one year, but may be removed or suspended as hereinbefore set out for the police officers. Fire department.

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Section 35. Be it further enacted that the mayor and council shall have power and authority to remove or cause to be removed all buildings, awnings, porches, steps, fences, or other obstructions or nuisances in public streets, lanes, alleys, sidewalks, squares, parks, or other places in said city. They shall have power, if necessary, to establish a market in said city, to designate certain streets or places for the conduct of certain business, to regulate all butcher pens, slaughter houses, blacksmith shops, tan yards, livery stables, forges, stores and chimneys, steam mills, steam grist mills, mill ponds, fertilizer plants, gasoline stations, garages, mercantile, ginneries, fish ponds, warehouses, hacks, drays, automobiles, bicycles, motorcycles, and other contrivances of like kind, railroad-crossings, the moving of trains through the city, and to abate or cause the removal of the same or any of them in case they become a nuisance or dangerous or injurious to the health of the city. They shall have power to fill up all open cellars or excavations in said city, or cause the owners to do so when they shall deem it necessary for the public interest for the same to be done. Various regulations. They shall also have power to condemn or remove, or cause to be removed, all dilapidated or unsafe walls, buildings, fences, chimneys, and other things of like character, which they may consider a nuisance or dangerous to the health or lives of the people of the city, and they may abate or cause to be removed anything that works a nuisance, or should become injurious or deleterious to the health of, or endanger the lives of, the people of the city. They shall also have the right to condemn property for all public purposes, as provided by the laws of this State. Unsafe buildings, etc. Condemnation. Section 36. Be it further enacted that the mayor and council shall have power and authority to protect places of worship, to provide places for the burial of the dead, and to regulate interments therein. Cemeteries and churches.

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Section 37. Be it further enacted that the mayor and council shall have power to regulate the keeping of gunpowder, gasoline, and other combustibles and explosives, to make regulations for guarding against fires, and to fix and establish fire limits, and from time to time change, enlarge, or restrict the same; to provide by regulation and ordinance the kinds of buildings to be erected, the kinds of material and construction; to also have power and authority to grant or refuse permits for all kinds of buildings and other structures to be erected in said city, and to provide by ordinance penalties for any violation of the same. Fire limits and regulations. Section 38. Be it further enacted that the mayor and council shall have power and authority to pass all such ordinances and regulations for the government of said city or the suppression of disorderly conduct, the protection of life and property, the maintenance of public places, and the protection of public health which are not repugnant to the constitution and laws of the State or the United States, as they may see proper to do, and to prescribe and enforce penalties for the violation of the same. Ordinances. Section 39. Be it further enacted that there may be a board of health for said city, to consist of the mayor and the superintendent of the public schools and one competent physician, and one citizen to be appointed and qualified; the citizens appointed on said board of health shall hold no other municipal office during their term as a member of the board of health. The mayor and board of councilmen shall appoint such other number of citizens to Act on the said board of health as they may deem necessary, and shall prescribe by ordinance the proper rules and regulations of said board, shall prescribe their duties and the times they shall meet, and the mayor and council shall fix the salaries of the members who shall be appointed on said board, but the mayor shall serve on said board for

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his regular salary paid him in his official position. Said board shall have full power to institute and enforce all sanitary measures necessary to the preservation of the public health, and likewise for the prevention of the generation and introduction of infectious and contagious diseases of all kinds. They shall likewise exercise absolute power over the subject of quarantine, and from time to time recommend to the mayor and council for passage such ordinances, rules, and regulations for the general health and sanitary betterment of the city as they may deem necessary for the good health of the city. They shall also have power to inspect foods, meat, milk, fruit and other things sold in said city, and report to the mayor and council all persons selling any impure articles, and the said mayor and council shall provide by ordinance a penalty for all persons so offending. The said board of health shall look after the general sanitary condition of the city and shall report any nuisance likely to endanger the health of the city, or any neighborhood or place, and the mayor and council shall enforce all sanitary rules and regulations, and shall prescribe penalties for violation of the same; shall abate all nuisance and enforce all ordinances for the general health of the city. The mayor and council shall have all the power above conferred on the health board. Board of health. Section 40. Be it further enacted that the mayor and board of councilmen shall have full power and authority over and absolute control of all pipes, sewers, private drains for the filthy water or other substances or flush in said city, and full power and authority to prescribe their location and structure, use and preservation, and to make such regulations concerning them in all particulars as may seem best for the preservation of the health of the inhabitants of said city. They shall have full power and authority to prescribe the kind of water-closets, urinals, or other receptacles or drains for water, or other fluids or substances to be used within the corporate limits of said

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city. They shall have power and authority to condemn and destroy and water-closets, privies, urinals, or other receptacles or drains now in use or hereinafter to be constructed and put in use which do not conform to and are not of the kind prescribed for use by the ordinances and rules of the city, and which may be detrimental to the health 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, if no sewers, with sanitary cesspools under such rules and regulations as may be prescribed, and if such property owners shall fail to connect any water-closet, urinal, or other receptacle or drain as aforesaid, or fail to build and construct sanitary toilets within the time and manner prescribed, which shall be not less than thirty days, then the city authorities may cause said work to be done and the connections to be made, and provide all necessary material therefor, and assess the costs of the same against the said property owner and the said property so improved, which shall be a first lien on said real estate, superior to all other liens except for taxes, and the marshal or chief of police shall levy the same on the said real estate in the same manner as the sheriff's sales under judgment and execution. The officer making said sale 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 mayor's court of the city for maintaining a nuisance. The city authorities or any agent of the city shall have the right, power, and authority to enter and go upon the premises of any one, after notice, for the purpose of inspecting said closets, urinals, and

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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. Sewerage regulations. Section 41. Be it further enacted that all sales of property under execution in favor of said City of Morgan shall be advertised in a newspaper published in said city and such sales in all other respects be made and conducted in the same manner as sheriff's sales under execution are now made in this State. Sales under execution. Section 42. Be it further enacted by the authority aforesaid that the mayor and council shall have the power and authority to cause the owner or owners of lots within the city to drain the same, or to fill the same to the level of the streets or alleys on which said lot and lots front; also to cause the owner or owners of cellars holding water to cause the same to be emptied of water or filled up if necessary. Also to have the authority to compel property owners to make proper connections or drain pipes to storm sewers and gutters or other street waterways, and to pass such ordinances regulating the same as they may deem necessary, and whenever the owner of any such property shall refuse or fail, after a reasonable notice to him or his agent, or to the tenant in possession of said premises, to comply with the requirements of said mayor and council for a period of twenty 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 the city shall issue an execution against said owner, to be collected from said property belonging to him, and a sale under said execution by the marshal or chief of police shall pass title to the property as fully and completely as a sale by the sheriff under judgment and execution, and said owner shall be subject to punishment for maintaining a nuisance. Drainage.

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Section 43. Be it further enacted that the mayor and council shall have power and authority to prevent stock from running at large and to take up and impound any horse, mule, cow, hog, goat, dog, or other animal, found at large, within the corporate limits of said city, and to provide by ordinance for the redemption of, or sale of, the same, and to enact such laws and ordinances as may be considered necessary to carry out the provisions of this section. Animals at large. Section 44. Be it further enacted that the mayor and council shall have power and authority to grant encroachments upon the streets, sidewalks, lanes, alleys, and lands of the city, upon such terms and in such manner as may be prescribed by ordinance. Encroachments on streets, etc. Section 45. Be it further enacted that the mayor and council shall have power to license all legitimate business in said city and fix the license fees for the same by proper ordinance. They shall have power to license and regulate all hotels, public boarding houses, sleeping apartments, opera houses, theaters, picture shows, bowling alleys, billiard rooms, and pool rooms; to license and regulate drays, hacks, wagons, automobiles, and other vehicles used for business purposes; to license, regulate, and control all vehicles; to license and regulate and control all livery stables, garages, places of amusement, telegraph, and telephone companies, express and railroad companies, mills, ginneries, factories, and all electric, gas, and water companies doing business in said city. They shall also have power and authority, upon proof of the existence of, maintenance of, any bawdy house or house of ill fame within the city, to cause the occupants thereof to be forcibly removed without the city, if they shall refuse to leave after three days' notice. Business licenses. Bawdy houses. Section 46. Be it further enacted that the mayor and council shall have power and authority to impose and collect a tax on all dogs within the city in such manner as

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they may deem best, the same to be provided for by ordinance, license the dog, and prevent his running at large on the street. Dog licenses. Section 47. Be it further enacted that the mayor and council shall have power and authority to license and control all markets and marketing within the 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 market and marketing in said city. They shall have full power and authority to establish a city market, to prescribe rules and regulations for government of the same, to rent out stalls and collect therefrom, and to take all steps and do everything necessary and proper to carry out the intentions of this Act. They shall have power to prescribe penalties for the violation of the rules and regulations concerning markets and marketing, and any person violating same shall, on trial and conviction before the mayor, be punished for the same. Markets. Section 48. Be it further enacted that the mayor and board of councilmen shall have power and authority to appropriate from year to year such sums of money for the support of the public library as they may deem best for the interest of the city. Said library shall be managed and controlled by a board of trustees to be selected by the mayor and board of councilmen, and to consist of such number of citizens as the mayor and council may determine. The trustees shall be elected for a term of one year, and shall be elected by the mayor and council at the first meeting in each January. The sum of money appropriated, as above provided for, together with all other appropriations for the support of the library, shall be turned over to and be disbursed by said board of trustees, who shall render a full and accurate statement to the mayor and board of councilmen quarterly, showing for what said

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funds have been expended. The city clerk shall be the disbursing medium for the board of trustees, keeping a record of same. The mayor and council shall pass such suitable ordinance for the purpose of carrying out the intentions of this section. Library. Section 49. Be it further enacted that the mayor and council shall have power to license as many auctioneers or vendue masters of the city as they may deem proper, and to fix and collect the amount of license fees required of each. They shall have power to license all other occupations or business not herein specifically provided for and not otherwise taxed. Auctioneers. Other licenses. Section 50. Be it further enacted that whenever any execution issued by proper authority of said city, for fines, forfeitures, taxes license, or any other debt or demand due said city shall be levied on any property which is claimed by any other person not a party to the execution, said claim shall be interposed under the same rules, regulations, and restrictions as regulate claim cases under the laws of the State, and the said claim shall be returned and tried in the first justice court, city court or superior court having jurisdiction thereof, as the case may be. Claims of property levied on. Section 51. Be it further enacted that the mayor and council shall have power and authority to grant the rights to use any street or streets, alleys, or other passageways in said city for railroad, streetcar, telegraph, telephone, gas, water, and electric light purposes. In granting such franchises they shall fully and completely guard and protect every present and future interest of said city, and no franchise hereunder shall carry with it any right or power except as are specifically set forth, enumerated, and named therein. Franchises. Section 52. For the violation of the laws and ordinances of said city the mayor may impose such fines or punishment as in his discretion he may think best, provided no

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fine shall exceed the sum of a hundred dollars, or the punishment inflicted shall not exceed imprisonment in the guardhouse or county jail for a space of time to exceed ninety days, at labor on the streets of said city. Said mayor may impose any one or all above fines or punishments. Said mayor shall have the same power as other judges of this State to punish for contempt officer and others by a fine not to exceed fifty dollars and imprisonment in the city guardhouse not exceeding ten days, nor either or both in his discretion; he shall to all intents and purposes be a justice of peace so far as to enable him to issue warrants for offenses committed within the corporate limits of said city, which warrants may be executed by any member of the police force of the city, and to commit the offenders to the county jail of Calhoun County, or to admit them to bail on bailable cases, for their appearance at the next term of the court of competent jurisdiction to be held in and for said county. Fines and imprisonment. Contempt. Warrants. Section 53. Be it further enacted that in criminal cases the defendant shall have the right to appeal to the general council from the decision or judgment of the mayor, and the right of certiorari shall exist in all criminal cases from the judgment of the mayor. Said certiorari shall be obtained in the same manner and under the same conditions as a writ of certiorari is obtained from the judgment of a justice of the peace, provided that any person convicted in said court or his attorney, shall give written notice that he intends to apply for a writ of certiorari to the superior court of said county, when it shall be the duty of the mayor or other presiding officer to suspend said sentence until said certiorari shall have been heard and finally determined by the superior court, which ever the case may be, but no person shall be released from custody until he shall have paid the costs and given a good and sufficient bond and security, to be fixed and approved by the presiding officer of said court, for his appearance to carry and perform said sentence in the event

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the said certiorari is affirmed, said bond to be in form and operate as other supersedeas bonds in criminal cases; the mayor being required to certify and send up to the superior court a complete and accurate history of the case as his answer to the petition for certiorari, and the defendant having the right to traverse said answer as provided by law, the mayor and council shall be authorized to pass ordinance regulating the costs for appeals and certioraries; also for the forfeiture of all bonds. Appeal to council. Certiorari. Section 54. The city clerk of Morgan shall be exofficio clerk and treasurer of the mayor's court, and shall by himself or deputy attend all sessions of said court, and do and perform all other duties required of him in connection with said court by the mayor and council. Clerk of mayor's court. Section 55. The ministerial officers of the mayor's court shall be the marshal and policeman of the City of Morgan, to whom all mesne and final processes shall be directed. All of said officers or a sufficient number shall attend the sessions of the court for the purpose of executing the orders of said court, and shall do and perform such and other duties connected with said court as may be required of them by the mayor. Court officers. Section 56. Be it further enacted that the mayor and council of Morgan shall have full power and authority to pass all laws and ordinances, rules and regulations necessary and proper to secure the efficient and successful administration of the business of this court, also all other ordinances that they may deem necessary to preserve order, suppress crime and immorality, or to prevent idleness, vagrancy, or loitering in said city, not in conflict with the constitution of the laws of the State of Georgia. Court rules. Vagrancy, etc. Section 57. Be it further enacted that there may be a city chain-gang for said City of Morgan, which is hereby created and established, and shall be put in operation whenever deemed necessary by the mayor and council as

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hereinafter provided. The said chain-gang shall be used for working the streets of the City of Morgan, and for doing and performing other work in and for said city, or for its benefit, and shall be made up of convicts convicted in the mayor's court of Morgan, and by employing from the proper authority persons convicted as misdemeanor in other courts of the State. Said chain-gang shall be governed by the same rules and regulations as govern other municipal and county chain-gangs in this State, unless otherwise provided herein. Chain-gang. Section 58. The mayor and council of Morgan shall have the power to select a competent warden for said chain-gang, or they may select the chief of police, who shall receive no extra compensation, and who shall be empowered to contract with the County of Calhoun or any other person or corporate body for sleeping quarters and board for said convicts. Warden. Section 59. Be it further enacted that the authorities in charge of the chain-gang shall have prepared and have published full and complete reasonable and humane rules and regulations for the government of the convicts under their control, which rules may be amended as the occasion may require, but shall specifically prescribe powers, and duties in all respects, of the superintendent, commissioner, and boss, or other person connected with the management of the convicts, as to care, keeping, control, work, and discipline of convicts. Care of convicts. Section 60. Be it further enacted that the superintendent, commissioners, guard, boss, or other person or employer of convicts shall be personally responsible or liable for any injury or damage to any convict resulting from the employment, care, control, keeping, work, and discipline of convicts, who are under the direction of said governing authorities respectively, in accordance with reasonable and humane rules and regulations adopted as aforesaid.

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Section 61. Be it further enacted that white and colored convicts shall not be confined together at any time or place, nor shall female convicts be confined in the same compartment with male convicts, and should be worked separately as far as practicable. Section 62. Be it further enacted that the boss, superintendent or other person having the convicts in charge shall keep a book in which he shall record the names of all persons placed in his charge, giving their age, sex, color, time received, time worked, behavior while confined, offense with which they are charged, a record of number of times a convict was whipped, and the number of licks given, time of discharge, and such other information as may be required of him by the city authorities. Record of convicts. Section 63. Be it further enacted that the mayor and council shall have power, in their discretion, to hire out and dispose of the convicts convicted in the mayor's court of said city, in the same manner and under the same rules and regulations as the convicts who are convicted in the State court in said County, for which length of time they may see proper to do so, if in their discretion it would be better for the city's interest than to maintain a chain-gang in said city. Hiring out convicts. Section 64. Be it further enacted that the rules of practice in the mayor's court, so far as practicable, shall be the same as the rules of practice in the superior courts of this State, including the rules of evidence. All officers shall be legal witnesses on trial. Practice in mayor's court. Section 65. Be it further enacted that all persons put on trial in the mayor's court shall have opportunity to employ counsel if they so desire. Employment of counsel. Section 66. Be it further enacted that persons who have worked one or more days in the chain-gang, and, becoming able to pay the fine imposed, shall have the fine reduced according to the number of days worked, and shall be released

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upon the written authority of the mayor, based on the information of the clerk and treasurer of said city that such fines have been paid. Fines reduced by work on chain-gang. Section 67. Be it further enacted that the mayor and council of the City of Morgan shall have the power and authority to open, lay out, widen, straighten, or otherwise change the streets, avenues, alleys, sidewalks, crossings, or other passageways of said city, and shall have the power to vacate, close up, open, alter, grade and fill, curb, pave, drain and repair the same. They shall have power and authority to prescribe such rules and regulations for laying out, constructing, and maintaining the same, and shall also have the power of curbing and paving the whole of any street, avenue, alley, sidewalk, crossing, or other passageways of the city. They shall also have power to prescribe by ordinance for the curbing, paving of all squares, triangles and intersections of said city, as they may deem necessary from time to time; they shall prescribe the kind of material to be used in such construction, and shall fix the time when notice shall be given and when the work shall be completed, to supervise the construction of the same, and have power to reject any work not performed in compliance with such prescribed regulations. They shall have full and complete power and authority to require any street, avenue, alley, sidewalk, street-crossing and railroad crossing, or other passageways, to be paved in such manner, with such material as they may determine by resolution or ordinance. One third of the expense of paving streets shall be borne by the City and the other two thirds by the abutting property owners in just proportion to the foot frontage of their property thereon. Whenever the mayor and board of councilmen shall determine to pave any street, alley, avenue, sidewalk, street crossing and railroad crossings, or other passageways in said town, they shall require the city clerk to notify in writing all persons owning property abutting or fronting thereon of such intention, together with a statement of the

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amount assessed against said property therefor; and the said city shall at once proceed to do said paving or cause it to be done, and when the same is completed it shall be the duty of the said property owner to pay into the treasury of the city, within 20 days after said work is completed, the amount so assessed against their property, and in case any property owner shall fail or refuse to do so, the city clerk is authorized and empowered to issue instanter an execution against said owner and against said property, which shall be a lien on said property superior to all other liens, except liens for taxes, and said execution shall be levied on said property by the marshal or chief of police, and the same advertised and sold at public auction in conformity to the laws of this State governing the sales of property under judgment and execution by sheriffs. Said marshal or chief of police shall make to the purchaser good and valid deed thereto, conveying titles as fully as the sheriffs of this State are authorized to do at public sales under judgment and execution. The City of Morgan shall have full right to bid on and purchase said property at said sale, if it choose to offer the highest bidder thereof, wherefore said deed shall be made to said city, said marshal or said chief of police being duly authorized and empowered to proceed at once to dispossess said owner, and put the purchaser at said sale in possession. Whenever two thirds of the property owners on any street, square, avenue or block shall petition the mayor and council to pave, curb, or otherwise improve the street, square, avenue or block on which they own real property, it shall, immediately on filing such petition with the city clerk, become the duty of the mayor and council to do such improving under the terms of this section; and said city shall have the right of condemnation of private property of the use of the city and the public schools of the city under the methods as are now prescribed by the laws of the State. Control of streets. Paving assessments. Petition to pave. Section 68. Be it further enacted that the mayor and council of the city have full power and authority to levy

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and collect an ad valorem tax, or special street tax, upon all property, real or personal, within the city limits of said city, for the purpose of paying the city's one third of the paving expenses referred to in section 71 of this Act immediately preceding, which said tax shall be collected in the same manner as is provided elsewhere in this charter for the enforcement and collection of taxes. Tax for paving. Section 69. Be it further enacted that the mayor and council of said city are given the power and authority to pass all ordinances and necessary legislation for the successful and effectual carrying out of the purposes and intent of the above and foregoing sections relating to paving, as to them may be deemed to the best interest of the city, and which shall not be in conflict with the constitution and laws of Georgia. General paving authority. Section 70. Be it further enacted that the mayor and council shall have the power and authority, at any time that they may deem necessary, to appoint a park commission, and shall, by proper ordinances, prescribe the manner of election, term of office, duty and salary of the same. Park commission. Section 71. Be it further enacted that all male residents of said city between the ages of 21 and 50 who have resided in said city for thirty days before the first day of June each year shall be subject to work the streets of said city, not to exceed ten days in each year, or pay a commutation tax in lieu thereof, not to exceed ten dollars, as the mayor and council may determine. Should any person liable to work the streets under this section fail or refuse to do so, or to pay the street tax assessed in lieu thereof after having received the notice from the marshal or other public officer so to do, such person may be sentenced by the mayor to work upon the streets of said city for and during the term of not exceeding fifteen days under the direction and control of the marshal, or to be fined, or placed in the guardhouse, in the discretion of the mayor. Commutation tax.

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Section 72. Be it further enacted that the mayor and council of said city shall have full power and authority to levy and collect an ad valorem tax, not to exceed one and one half per cent., upon all property, real and personal, within the corporate limits of the city, which is taxable under the laws of this State, and to provide the manner in which the same shall be collected. Property tax. Section 73. Be it further enacted that should any person fail or refuse to pay the tax or license imposed by the city authorities according to this charter, within the time allowed or prescribed by the ordinance of said city, the clerk shall issue an execution against such delinquent taxpayer for the amount due by him to the city, which shall be signed by the city clerk in his official capacity and bear test in the name of the mayor and the city council of Morgan. Tax executions. Section 74. Be it further enacted that said execution shall bind all the property of that said defaulting taxpayer owned in said town on the first day of January in the year for which such taxes are due. Said executions shall be directed to and enforced by the marshal or chief of police of said city, who, after levying the same upon the property of such defaulting taxpayers, shall, if the property be personal property, advertise the sale by posting notices in three of the most public places of said city, ten days before the date of sale, and if the property be real estate, he shall advertise the same once a week for four weeks in the official organ of said city before selling the same. All sales under such executions shall be made by the city marshal or chief of police before the door of the council chamber, or at such places as may be prescribed by ordinance, notice of which place and time of sale shall be contained in the advertisement. The property levied upon shall be sold by the marshal or chief of police at public outcry to the highest and best bidder. Where the sale is of personal property, the marshal or chief of police

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shall deliver possession thereof to the purchaser. When real estate is sold, the marshal or chief of police shall make to the purchaser a deed against whom the execution is issued, and it shall be the duty of such marshal or chief of police, upon application of the purchaser or his agent, to put said purchaser or agent in possession of the real estate sold; provided the said marshal or chief of police shall not be authorized to turn out any other person than such delinquent taxpayer, his heirs, tenants, or assigns, since the lien of the city taxes attached. Tax sales. Section 75. The city clerk shall be entitled to fifty cents for each fi. fa. issued, and the marshal or chief of police to the same fees for levies as are hereby allowed the bailiffs in this State, and the same fees for selling as are required by sheriffs for selling property in this State; provided the mayor and council may by ordinance provide for all such costs to go into the city treasury and pay the city clerk and marshal, or chief of police a regular salary for their whole duty to the city. Fees for fi. fas., levies, and sales. Section 76. Be it further enacted that the mayor and council of said city shall have power and authority to prescribe by ordinance the time and manner in which all persons shall return for taxes all property of every kind and nature and also prescribe when all businesses and occupation tax and license shall be paid to the city. Tax returns. Section 77. Be it further enacted that the mayor and council shall have power and authority each year, if in their discretion they see proper, to appoint three tax-assessors, whose duty it shall be to value the real estate in said city for taxation and to scrutinize carefully each return of property, real and personal, by any taxpayer of the city, and in their judgment they shall find the property embraced in their return, or any portion of it, returned below its proper value, they shall assess the value thereof, or they think may act as such tax-assessors. Assessors.

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Section 78. Be it further enacted that whenever the assessors shall raise the valuation at which the taxpayer has returned his property, they shall give him written notice of their assessment, and it shall be the taxpayer's privilege, if dissatisfied with the assessment, within ten days after notice, to have the matter left to three disinterested freeholders, residents of the city, one of whom shall be elected by him, one by the assessors, and the third by those two selected, and the majority of these arbitrators shall fix the assessment, which shall be final and conclusive. The mayor and council are also given authority to fix the compensation of the said tax-assessor and also pass such ordinance bearing on the question as they may deem proper. Contest of assessment. Section 79. Be it further enacted that the provisions of this charter may be pleaded, and shall be a defense to any action brought against the mayor and city council of Morgan, or either of them in accordance with the provisions and ordinances passed in pursuance thereof. Charter as defense. Section 80. Said mayor and council shall have authority to establish a guardhouse and provide regulations for the same, in which to confine for punishment, when necessary, persons sentenced by the mayor for violating any of the city laws or ordinances, or any penal sections of this charter, and for the safe detention of all disorderly persons committing or attempting to commit crimes, and the marshal or any policeman of the city, shall have the right to take up all disorderly person or persons and confine them in the guardhouse to await their trial. Imprisonment. Section 81. Be it further enacted that the mayor and council of said city shall have the right to establish and maintain a city stockade for the confinement of all the convicts of the city, and to prescribe suitable rules and regulations for the same whenever they deem the same necessary. Stockade.

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Section 82. Be it further enacted that the mayor and council shall have power, whenever they deem it necessary and to the best interest of the city, to establish a bureau for the commercial and business interest of the city, to be known as the Morgan Chamber of Commerce, and the said mayor and council may prescribe scope for its work, the duties devolving upon its membership, its officers and appropriate such sums for its maintenance, and operation as they deem proper. Chamber of Commerce. Section 83. Be it further enacted that the mayor and council of said city, or the water and light commission, whenever such may be created, shall have the right to make contracts with persons, firms or corporations residing beyond the limits, to furnish them with light and water, or water, or lights, whenever the same can be done without interfering with the efficient service of the city light and water plant to the inhabitants of the city. Water and lights to non-residents. Section 84. Be it further enacted that the mayor and council may have the right to employ a competent accountant to examine the books of the officers of the city, relative to the affairs of the city, as often as said mayor and council shall consider necessary. Audit of books. Section 85. Be it further enacted that the mayor and council shall have full power and authority to regulate the running of all railroad-trains and bus lines within the city limits, and to prescribe the manner in which same may be run and the rate of speed of the same. Regulation of trains and buses. Section 86. Be it further enacted that the mayor and council of said city shall have power and authority to order elections at various times to determine the issue of bonds, and to issue bonds in accordance herewith, for all public improvements as they may deem necessary; that they may bond for the purpose of enlarging the waterworks and sewer system of the city, to establish a light plant, to erect a city hall where the public business of the city shall be

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transacted, to curb and pave the streets, and for such other public improvements as they may deem proper, and shall provide how the public debt of the city shall be paid, and may constitute such sinking fund for that purpose, if they may deem necessary. Bonds. Section 87. Be it further enacted that the mayor and council of said city are hereby authorized and empowered to levy, assess and collect annually a sufficient tax upon and from the taxable property in said city, real and personal, to pay the principal and interest on such bonds as they shall become due. This tax shall be separately assessed, levied, and collected for the specific purpose herein designated, and shall not be used or applied to any other purpose whatever. Said mayor and council are hereby authorized and empowered to issue interest coupons, payable annually, for the interest on said bonds. Any money remaining in hand received and collected under this Act, after the payment of maturing interest coupons and bonds each year, shall be held by the mayor and council as a sinking fund for the payment of the bonds and interest maturing the next year. Payment of bonds. Section 88. Be it further enacted that 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 board of councilmen may determine for the best interest of said city and the speedy execution of the objects of this Act. Handling and sale of bonds. Section 89. Be it further enacted that every ordinance and resolution passed by the board of councilmen may be subject to the veto by the mayor in the following manner: The mayor shall within three days write out his objections to such ordinance or resolution, and the board of councilmen, at the next regular meeting at which a quorum shall be present, order said objections entered on the minutes and take a vote on the question as to whether said ordinance, resolution, or other action shall become adopted

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over said veto. Should as many as three councilmen vote in the affirmative, said resolution and ordinance shall stand affirmed and become effective without the approval of the mayor, otherwise not. The ayes and nays shall in all cases be entered on the minutes. Veto power. Section 90. Be it further enacted that this Act shall not abolish any of the ordinances now of force in said city, except where they come in conflict with this charter, but shall preserve and continue the same. Ordinances of force. Section 91. Be it further enacted that all other Acts heretofore approved by the General Assembly relating to the City of Morgan, except such part or parts thereof as may be in conflict with this Act, be and they are hereby continued in operation, confirmed, and consolidated with and made a part of this Act. Acts not in conflict. Section 92. Be it further enacted that whenever any real estate is sold for taxes the owner thereof shall have the privilege of redeeming it within one year by paying the purchaser the amount paid therefor, with ten per cent, premium thereon, and interest on said principal amount at the rate of seven per cent per annum. When at any such sale for taxes due no person present shall bid for the property put up for sale as much as the amount of such execution and all costs, after such property shall have been carried a reasonable time, then any fully authorized or appointed agent of the city may bid off such property for the city, and the police officer or such other officer making the sale shall make the city of Morgan deed to the property so sold, and deliver the same, and the title thus acquired by the city shall be perfect and valid, after the period for the redemption by the owner shall have expired, and the policemen, or other officer making the sale shall put said city in possession, and the mayor and council shall have no right or authority to divert or alienate the title to any property so purchased

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except by public sale to the highest bidder in the manner to be prescribed by ordinance of said city. Redemption after tax sale. Bids for city. Section 93. The City of Morgan shall have the power and authority to condemn land and property for any public use to wit: for streets, alleys, sidewalks, ditches, drainage, schools, school grounds, public playgrounds, court-house, parks, public libraries, waterwork, 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. Section 94. 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 14, 1939. OAKMAN CITY CHARTER. No. 327. An Act to incorporate the Town of Oakman, in the county of Gordon, State of Georgia; to define its territorial limits; to declare and constitute the rights and powers of said corporation; to prescribe the rights, powers, duties, liabilities and qualifications of all officers, and the manner of their election and removal from office; to provide for a Mayor's Court, and the trial and punishment therein of all offenders against the laws, rules and ordinances of said town; to authorize said town to borrow money; to grant and regulate franchises; to provide for streets, avenues, lanes, alleys, roads, side-walks, crossings, bridges, culverts and drains; to provide for the condemnation of private property, within or without the corporate limits of said town, for public use; to provide for the assessment, levy and collection of taxes; to provide for proper sanitary conditions, including the right and power to provide for and prescribe the location

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and kind of water closets, privies, urinals, or other receptacles, and to provide a penalty for failure to do so, and to regulate the manner in which the said town shall do such work and hold and enforce a lien against the property for such work; to provide for the general policing of said town; to provide for the general welfare of the citizens of said town; to confer power upon said town to acquire, own, or lease and dispose of property, both real and personal; and to provide for all matters and things necessary and proper or incident to a municipal corporation; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same that from and after the passage of this Act, and the approval of same by the Governor, that: Section 1. General Provisions. The municipal government of the Town of Oakman shall consist of a mayor and four aldermen, who hereby constitute a body corporate under the name and style of the Town of Oakman, and by such name they shall have perpetual succession, with power and authority to contract and be contracted with, to sue and be sued, to plead and be impleaded, to have and use a common seal, shall be able in law or equity to purchase, have, hold, lease, enjoy, receive, possess, and retain to them and their successors in office, for the use and benefit of the Town of Oakman, in perpetuity, or for any number of years, any estate, real or personal, within or without the corporate limits, for corporate purposes; to use, manage, improve, sell, convey, rent or lease the same. They shall have the power and authority to borrow money and give evidences of indebtedness for the same; and to do and perform all and every Act necessary or incident to the raising of funds for the legitimate use of said town; they shall have the right and power to govern themselves by such rules, laws, by-laws, regulations, ordinances, or other orders, as they may deem proper, not in conflict with this

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charter, the constitution or laws of this State, or of the United States; Corporate name and powers. (a) The corporate limits of said town shall extend onehalf mile in every direction from the center of the crossing of Main Street and the main track of the Louisville and Nashville Railroad. Territory. Section 2. Elections. The first general election for mayor and aldermen shall be held on the first Saturday in April, 1939, and said elections shall continue biennially thereafter. If for any cause said elections are not held on the days as specified, they shall be held as soon thereafter as practical; Elections. (a) V. G. Silvers, J. W. Whittemore, E. Taylor, W. E. Chatman and J. W. Willis, or a majority of them, are hereby appointed to hold, manage and certify the results of the first general election for mayor and aldermen, all in accordance with the rules, laws and regulations hereinafter made and provided; First election. (b) All future elections, both special and general, shall be conducted under the management of three freeholders, who are electors of said town, and are not candidates in said election; Management of future elections. (c) Excepting the provisions herein made, the managers shall conduct said elections as near as practical as elections for members of the General Assembly of Georgia are conducted. The polls at such elections shall be opened at eight o'clock A. M., and closed at three o'clock, P. M., except as herein provided. The mayor and aldermen shall appoint all future election managers, and shall designate polling places; (d) The managers of all elections shall each, before proceeding with the election, take and subscribe the following oath:

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All and each of us do swear, or affirm, that we will make a just and true return of this election; that we are duly qualified to vote in this election; that we are qualified by being freeholders; that we will not knowingly prohibit any one from voting who is entitled; that we will not knowingly allow any one to vote who is not entitled; and that we will not divulge how any vote was cast unless called upon under the law to do so; so help us God. (e) Said oath shall be made and subscribed by each manager in the presence of the other managers: (f) The managers of said elections, at three o'clock, P. M., except as herein provided, shall proceed to count out the ballots and declare the results, and issue certificates of election to the mayor-elect and the aldermen-elect; provided, however, that said certificates of said election shall not be issued by the managers until after the expiration of five days from the said election. That it shall be the duty of the managers, after the ballots shall have been counted and the results shall have been ascertained, to place all the ballots in the ballot-box, together with a list of the voters and a tally-sheet, and carefully seal the same, and deposit the same with the Ordinary of Gordon county, Georgia. Said deposit shall be made not later than twelve o'clock, noon, the second day following such election. The certificates thus issued shall be sufficient authority to the candidates so elected to enter upon the discharge of their official duties, after qualifying as herein provided; (g) The managers of each election, after the first general election, shall issue to the acting mayor and aldermen a like certificate, and shall certify the results of the election, which certificate and result shall be entered upon the records of said mayor and aldermen. Said managers shall, also, furnish the acting mayor and aldermen one each of the tally-sheets and voter's lists, used in said elections, certified by them as being correct;

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(h) All elections held at any other time than the regular elections as provided for, such as filling vacancies and in all special elections for any purpose whatever, shall be held, managed and conducted as provided for general elections, and in addition thereto the mayor and aldermen shall cause notice of same to be posted in three, or more, conspicuous places in said town at least ten days prior to said special elections; (i) In the event the office of mayor or any alderman shall become vacant by death, removal, disqualification, resignation, or other cause, the mayor pro tem., or the aldermen, if both of said offices should be vacant, shall order an election, all in accordance with the provisions herein made, to fill the vacancy or vacancies. Vacancies. Section 3. Electors. All persons, except persons non compos mentis, who have reached their legal majority; who have resided in the State of Georgia twelve months immediately preceding such election; who have resided in the county of Gordon six months next preceding the election, and who have been bona fide residents of said town sixty days immediately preceding such election, shall be qualified electors; Qualified voters. (a) In case any vote is challenged, the managers shall refuse to accept the vote and notify, verbally, instanter, the rejected voter, together with all parties directly interested, to appear before them at three o'clock P. M. of the same day, at which time all questions in reference to disqualifications shall be heard and determined. The decision of said managers shall be conclusive and final. For the purpose of conducting said hearings and determining such matters, the managers shall be clothed with all the authority and powers herein delegated to the mayor and the Mayor's Court; Challenged votes. (b) When such cases are to be heard and determined, the election shall remain open until such matters are

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finally decided, and those found eligible are permitted to vote. Such eligible votes must be cast immediately and without any delay; (c) No ballot shall be counted until the election is finally closed. No vote shall be cast during such extended time, except challenged eligible votes. Section 4. Qualifications of Mayor and Aldermen. (a) No person shall be eligible to hold the office of mayor or alderman unless he or she be a qualified elector, and shall have resided in said town for a period of one year immediately preceding his or her election. All candidates for mayor or alderman, except in the first general election, shall file with the clerk and treasurer written notice, ten days prior to such election, his or her intention of becoming a candidate in such election, stating the office which he or she seeks; Qualifications of mayor and aldermen. Notice of candidacy. (b) Before entering upon the discharge of their respective offices, the mayor and aldermen shall take and subscribe the following oath: I do solemnly swear (or affirm) that I will faithfully discharge all the duties devolving upon me as mayor (or alderman as the case may be) of the Town of Oakman during my continuance in office, according to the best of my ability and understanding; so help me God. Said oath shall be entered upon the records of said town. Oath. Section 4a. Impeachment of Mayor or Member of Board of Aldermen. Should the mayor or any member of the board of aldermen be guilty of malpractice in office, or wilful neglect of his duty, or abuse of the powers conferred upon him, or shall be guilty of any other act or general conduct unbecoming an officer, he shall be impeached by the board of aldermen, and upon conviction shall be removed from office. Impeachment. Section 5. Appointive Officers. Mayor pro tem. The mayor and aldermen shall elect annually, at the first

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regular meeting in April, each year, a mayor pro tem. from the aldermen, whose duty it shall be to act in all places as mayor in the absence or disqualification of the mayor, during which time he shall be clothed with all the necessary powers of the mayor. Mayor pro tem. Section 6. Clerk and Treasurer. The offices of the clerk and treasurer shall be combined and the duties of both offices performed by one and the same person, and shall be known as the Clerk and Treasurer; that the clerk and treasurer shall attend all meetings of the mayor and aldermen, the Mayor's Court, and keep the minutes, books and files of each, collect all fines, taxes and other moneys due said town; attend to the issuance of licenses, permits, sign and issue all executions and other writs and processes for the collection of taxes and other moneys due the town, and generally perform such other duties as may be required of him by the mayor and aldermen, or required of him by ordinance; Duties of Clerk and Treasurer. (a) That it shall be his duty to receive and disburse all moneys of the town, upon proper orders, and shall make itemized reports of all receipts and disbursements, and submit the same to the mayor and aldermen whenever called upon to do so; (b) He shall be appointed by the mayor and board of aldermen for the term of one year; subject, however, to the conditions hereinafter provided; he shall be paid for his services not more than five dollars per month, payable monthly; Appointment. (c) Said clerk and treasurer shall take and subscribe an oath before the mayor that he will, to the best of his ability, faithfully perform the duties of his office without favor or partiality; (d) That, in the discretion of the mayor and board of aldermen, the said clerk and treasurer shall give bond in a sum to be fixed for his or her term of office by the mayor and aldermen.

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Section 7. Police Force. The police force of said town shall consist of a marshal and such other officers and men as the mayor and aldermen may by ordinance prescribe. Their term of office shall be one year; subject to the conditions hereinafter stated. The compensation of such officers shall be fixed by the mayor and aldermen. Police force. Section 8. Marshal. The marshal, and other police officers, shall preserve the peace of the town and shall have power and authority to arrest, without warrant, any person within the corporate limits of said town, who at the time of said arrest, or before that time, have been guilty or charged with violating any of the ordinances, rules, or regulations of said town or the laws of this State, and to hold such persons so arrested until a hearing of the matter before the proper officers can be had; and, to this end, said arresting officers are authorized to imprison and confine in the town or county jail any person arrested by them for a reasonable time. The marshal and policemen of said town are, also, authorized to arrest anywhere within the limits of this State any person charged with violating any of the ordinances, rules or regulations of the Town of Oakman; provided, when the arrest is not made within twenty-four hours after the offense is committed, said marshal and policemen are not authorized to arrest the offender outside the corporate limits of said town except in obedience to written warrant signed by the mayor or mayor pro them; provided, that all persons not intoxicated, desiring to give bail for their appearance before the Mayor's Court, in bailable cases, shall be allowed to do so; all such bonds may be forfeited as provided by ordinance for forfeitures of appearance bonds. It shall be the duty of the marshal to levy and collect all executions for taxes or other moneys due the town; to advertise and conduct all sales of property under execution, or other process, execute deeds or other conveyances used in such cases. It shall be the duty of the marshal, or other police officers, upon notice given by the mayor, mayor pro tem., or any member

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of the board of aldermen, or any citizen, to prosecute all offenders against the laws, rules, ordinances and regulations of said town, or of this State, committed within the corporate limits of said town. In case any crime, or violation, is committed in the presence of the marshal, or other police officer, or come to their knowledge, it shall be their duty to prosecute the same, without notice; and he, and they, shall perform such other services as the mayor and aldermen shall by ordinance require; Arrests, bail, etc. (a) The marshal and other police officers, in the discretion of the mayor and aldermen, shall give bond in a sum satisfactory to the mayor and aldermen for the faithful discharge of their duties, and shall take and prescribe the same oath of office, in the presence of the mayor and aldermen, as herein prescribed for the clerk and treasurer; Bond of marshal. Section 9. Other Officers and Employees. Besides the officers already provided for, the mayor and aldermen shall have power and authority to elect or appoint for a full term of one year, or for such time as in their judgment may seem best, such other officers, agents, superintendents, street overseers, or other workmen, for the purpose of carrying out the purpose and intention of this charter, and the proper municipal government of the Town of Oakman. Other officers and employees. Section 10. Discharge of Appointive Officers. That should any of the above enumerated appointive officers be guilty of wilful neglect of his office, or the duties thereof, or abuse of the powers conferred upon him, or shall be guilty of any other Act or general conduct unbecoming an officer of the Town of Oakman, he shall be discharged by the said mayor and aldermen. All decisions by the mayor and aldermen in such matters shall be final and conclusive. Section 11. Powers of Mayor and Aldermen. (a) The municipal government of said town shall be vested in the mayor and four aldermen, and such other

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officers as the mayor and aldermen may set fit to elect or appoint, as herein provided. That said mayor and aldermen shall constitute the legislative department of said town; and, as such, shall have full power and authority, from time to time, to make, establish, or repeal, laws, rules, ordinances, regulations and orders as may to them seem right and proper respecting streets, railroad crossings, automobiles, bicycles, wagons, air ships, sales stables, warehouses, storage-houses, hitching-places, parking-places, markets, public houses, hotels, boarding-houses, restaurants, cafes, picture shows, all kinds of shows and circuses, dance-halls, all places of amusement, garages, shops, mills, factories, ginneries, barber shops, sodafountains, telephone and telegraph companies, electric and power companies, the running of railroad trains, and all other matters and things whatsoever that may seem to them to be necessary, proper or incident to the good government of said town, and to the peace, security, health, happiness, welfare, protection or convenience of the citizens and inhabitants of said town, and for the preserving the peace, good order and dignity of said government. This enumeration of powers shall not be construed as restricted to said powers alone but shall include all and every other thing and Act necessary or incident to the municipal government, and shall not conflict with any special power or authority given said government by this Act, but shall be construed as in addition to and in aid of such powers; Powers of mayor and aldermen. (b) They shall have power and authority to open, lay out, widen, straighten, or otherwise change the streets, roads, avenues, side-walks, crossings, or other passage-way of said town, and shall have the power to vacate, close up, alter, grade and fill, curb, pave, drain and repair the same; (c) To condemn property for public purposes, as provided by the laws of this State, and in like manner shall

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have authority, right and power to condemn property without the corporate limits for the purposes and uses of water works, sewerage system, parks, and dumping grounds for garbage; Condemnation. (d) To regulate the keeping of gun-powder, gasoline, and all other combustibles and explosives, and to provide by ordinance penalties for any violation of the same; Dangerous substances. (e) To remove or cause to be removed all buildings, porches, steps, fences, or other obstructions and nuisances, in public streets, lanes, alleys, side-walks, squares, parks, or other places in said town. They shall have full power and authority to fill up all open cellars or excavations in said town, or cause the owner to do so, when they deem it necessary for the public interest for the same to be done; the power and authority to condemn and remove, or cause the owner to do so, all dilapidated or unsafe walls, buildings, chimneys, and other things of like character, which they may consider a nuisance or dangerous to the health, happiness, or lives of the people of the town, and they may abate anything that works a nuisance, or shall become injurious or deleterious to the health of, or endanger the lives of the people of the town; Nuisances, etc. (f) They shall have the right and power to fix such limits in said town as they may think proper, which shall be known as the fire limits, and from time to time change, enlarge, or restrict the same; to provide what class of flues, chimneys, or heating and cooking system shall be erected or used within such limits, and prohibit any other class of flues, chimneys, or heating and/or cooking system from being used or erected, and to provide for the punishment of any person, firm or corporation erecting, using or attempting to erect or use any flue, chimney, heating or cooking system not coming within such classification so fixed; Fire limits. (g) The mayor and aldermen shall have full power and authority over and absolute control of all private drains

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for the filthy waste and other substances of flush in said town, and full power and authority to prescribe their location and structure, use and preservation, and to make such rules and regulations concerning them in all particulars as may seem best for the preservation of the health of the inhabitants of said town. They shall have full power and authority to prescribe the location and kind of water-closets, privies, urinals, or other receptacles now in use or hereinafter to be constructed and put in use, which do not conform to and are not of the class and kind prescribed for use by the ordinances, rules and regulations of said town, and which may be detrimental to the health and happiness of the citizens and inhabitants of the town. They shall, also, have full power and authority to compel all property owners to build or arrange all water closets, privies, urinals, or other receptacles, on the premises of the said property owners, in accordance with ordinances, rules and regulations as may be prescribed; and, if such property owner shall fail or refuse to build or arrange any water closet, privy, urinal, or other receptacle in accordance with the rules, ordinances and regulations prescribed, and within the time and manner prescribed, which shall not be less than thirty days, then the town authorities may cause said work to be done, provide all necessary materials therefor, and assess the cost of the same against the property owner and the said property so improved, which shall be a first lien on said real estate, superior to all other liens except as is provided by State law; and the marshal shall record such lien, foreclose the same and sell the property in accordance with the laws made and provided in such cases. The marshal making such sale is authorized to execute to the purchaser a deed to the property so sold, which deed shall pass the title thereto as fully and completely as a sheriff's deed where property is sold by him under execution, and the said marshal shall proceed at once to dispossess the former owner thereof and put the purchaser summarily in possession. The

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town authorities, or any agent of the town, shall have the right, power and authority to enter and go upon the premises of any one, after three days notice, for the purpose of inspecting said closets, privies, urinals and other receptacles, to remove the same when condemned, and to rebuild such, without being deemed a trespasser or becoming responsible to the owner or tenant thereof. Upon failure to comply with the ordinances, rules, regulations or orders relative to this section, the town authorities shall have the right, power and authority to arrest and prosecute the owners of said property before the Mayor's Court for maintaining a nuisance and/or violation of the ordinances, rules, regulations and orders of the authorities of said town; Sewerage, etc. (h) To prescribe by ordinance the time and manner in which all persons shall return for taxes all property of every kind and nature, and also prescribe when all business and occupation tax and license shall be paid to the town; Tax returns. (i) To levy and collect an ad valorem tax, not to exceed one-half of one per cent., upon all property, real and personal, which is taxable under the laws of this State, and provide the manner in which the same shall be collected; Property tax. (j) To license all legitimate business, peddling, occupations, professions, not exempted by State law, and to fix the license fee for the same by proper ordinance; Business licenses. (k) To grant encroachments upon the streets, side-walks, lanes, alleys, parks and lands of the town upon such terms and in such manner as may be prescribed by ordinance. They shall have power and authority to close, temporarily, any street, side-walk, lane or alley of said town; Encroachments on streets. (l) To prevent domestic animals from running at large, and to take up and impound any domestic animal found

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at large within the corporate limits of said town, and to provide by ordinance for the redemption of or sale of the same, and to enact all such laws, rules, regulations and ordinances as may be necessary to carry out the provisions of this section; Animals at large. (m) To regulate the running of railroad trains, and to prescribe the manner in which the same may be run and the rate of speed of the same; provided, however, said governing body shall not have the power and authority to fix the speed of passenger trains below thirty-five miles per hour; Trains. (n) They shall have power and authority to contract with the jailor of Gordon county, Georgia, to care for all prisoners of the town, and shall pay said fees out of the funds belonging to said town; Care of prisoners. (o) To grant franchises to individuals or companies for public service for any period of time not exceeding ninety-nine years; Franchises. (p) To employ attorneys when the town is involved in litigation, and pay for said services out of the general fund; Attorneys. (q) To regulate the mode and manner by which dogs may be kept in said town; Dogs. Section 12. General Welfare Clause. To pass all such ordinances, rules, regulations, laws and orders for the suppression of disorderly conduct, the protection of life, property, peace and happiness, the maintenance of public places, and the protection of public health, which are not repugnant to the constitution and laws of this State, or of the United States, as they may see proper to do, and to prescribe and enforce penalties for the violation of same. General welfare. (a) To pass laws, ordinances, rules and regulations necessary and proper to secure the efficient and successful administration of the business of the court of said town. Court.

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Section 13. Mayor's Court. Practice. That the rules of practice in the Mayor's Court, so far as is practicable, shall be the same as the rules of practice in the Superior Courts of this State, including rules of evidence; Practice in mayor's court. Ministerial Officers. The ministerial officers of the Mayor's Court shall be the Marshal and Policemen of said town, to whom all orders and final processes shall be directed. Said officers, or a sufficient number, shall attend the sessions of the court for the purpose of executing the orders of said court, and shall do and perform such other duties connected with said court as may be required of them by the mayor; Officers of court. Contempt. That the mayor, and aldermen upon appeal, shall have the same power as other judges of this State to punish for contempt by a fine not to exceed twenty dollars, or imprisonment in the county jail not exceeding ten days; Contempt. Ex-officio Justice of the Peace. The said mayor shall to all intents and purposes be an ex-officio Justice of the Peace so far as to enable him to issue warrants for offenders against any of the criminal laws of the State of Georgia, which warrants may be executed by any member of the police force of the town, and to commit the offenders to the county jail of Gordon county, or to admit them to bail, in bailable cases, for their appearance at the next term of the court of competent jurisdiction to be held in and for the county of Gordon; Warrants. Punishment. That the mayor, or aldermen on appeal, may impose such fines or punishments, in their discretion, as they may think best for the violation of the laws, ordinances, rules, regulations or orders of said town; provided, no fine shall exceed the sum of fifty dollars, or the punishment inflicted, in case the fine is not paid, shall not exceed imprisonment in the county jail for a space of time not to exceed twenty days. Fines and imprisonment.

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Section 14. Appeal to the Board of Aldermen. In case of conviction, the defendant shall have the right to appeal to the board of aldermen from the decision or judgment of the mayor; Appeal to aldermen. (a) Upon such an appeal, the investigation shall be a de novo investigation, and the said board of aldermen shall hear and determine such matter as if no hearing had been had; they shall have full power and authority to dismiss the charge, or fine the defendant in any sum as they may deem best not in excess of the requirements of this charter; or, in case the fine is not paid, to imprison the defendant in accordance with the provisions herein made; Hearing by aldermen. (b) The mayor shall not be present during such hearing, and it shall be improper for the said mayor to have anything to do or say in connection with said hearing, except to advise the board of aldermen of the appeal and the time to hear and determine the same. Section 15. Executions. That should any person fail or refuse to pay the tax or license imposed by the town authorities according to this charter within the time allowed or prescribed by ordinances of said town, the town Clerk and Treasurer shall issue an execution against such delinquent tax payer for the amount due by him to the town, which shall be signed by the Clerk and Treasurer in his official capacity, and bear teste in the name of the mayor and aldermen of said town. Executions. Section 16. Levy and Sale. That all of said executions shall bind all the property of said defaulting taxpayer owned in said town on the first day of March in the year for which such taxes are due. Said executions shall be directed to and enforced by the marshal, or other police officer, who, after levying the same upon the property of such defaulting taxpayer, shall, if the property be personal property, advertise the sale by posting notice in three conspicuous places of said town, ten days before the

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date of sale; and, if the property be real estate, he shall advertise the same once a week for four weeks in the official gazette of Gordon county, before selling the same. All sales under such executions, shall be made and conducted by the town marshal, or his deputy, before the door of the town hall, or such places as may be prescribed by town ordinances, notice of which time and place of sale shall be contained in the advertisement. The property levied upon shall be sold by the marshal, or his deputy, at public outcry, to the highest and best bidder. Where the sale is of personal property, the marshal shall deliver possession thereof to the purchaser. When real estate is sold, the marshal shall make to the purchaser a deed, which shall be as effectual in passing title as if made by the one against whom the execution is issued, and it shall be the duty of the marshal, upon application, to put said purchaser, or his agent, in possession of the real estate so sold. Levy and sale. Section 17. Other duties of the Mayor. That the mayor shall be the chief officer of said town, and shall have general supervision over its affairs. He shall sign all deeds and contracts, except deeds made for property sold under execution at public sale, which shall be signed by the marshal; approve all bills and vouchers for the payment of money. It shall be his duty to see that the laws, ordinances, rules, regulations and orders of the town are faithfully carried out and executed. He shall keep the board of aldermen advised from time to time, of the general condition of the town, and shall recommend such measures as he may deem necessary or expedient for the welfare of the town. He shall preside over the meetings of the board of aldermen, except as herein stated, and may call them together at any time when deemed necessary; he shall have a vote in case of a tie, and shall devote all the time necessary to the discharge of the duties of mayor of said town. Duties of mayor. Section 18. Meetings of the Mayor and Aldermen. The mayor and aldermen may hold monthly, or semi-monthly,

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meetings as they may decide upon by ordinance at their first regular meeting in April after their election, but their failure to meet in accordance with said ordinance shall not invalidate this charter. Council meetings. (a) That the mayor and two aldermen, or, in the absence of the mayor, three aldermen shall, for all purposes under this charter, constitute a quorum for the transaction of any and all business, whether legislative or judicial. Quorum. Section 19. Invalidation. That, if any section or sub section of this Act is held to be illegal, it shall not invalidate any other section or sub-section of this charter. Section 20. Intention of the General Assembly. By the passage of this Act, it is the intention of the General Assembly, in addition to the powers herein granted, to give, grant and empower said municipal corporation with all the powers necessary, proper, and/or incident to pass and enforce all laws, ordinances, rules, regulations and orders for the protection of life and property of the inhabitants of said town; to promote, insure, keep and preserve the peace and tranquility of the inhabitants thereof; to do and perform any Act tending to better the sanitary and health conditions of said town; to suppress crime, immorality, disorderly conduct, or any other matter or thing which works towards the incovenience or unhappiness of the citizenry thereof, and to raise revenues to defray the expenses of the said corporation, and to defray or pay for public improvement, all of which shall not be in conflict with this charter, the constitution and laws of this State, or the United States. Intent. Approved March 24, 1939. PINE LAKE CHARTER AMENDMENTS. No. 372. An Act to amend the Charter of the City of Pine Lake, in the County of DeKalb, as embodied in the Acts of

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General Assembly, Special Session 1937-1938 page 1225, by authorizing the City of Pine Lake to increase its Council from three to five members, to extend the term of office of the present Mayor and Council so that their terms of office will expire on the same day, to set dates for elections of officers, grant Mayor veto power, grant Mayor and General Council power to borrow money, grant Council power to designate successor to fill any vacancy in Council, grant power to increase fines and sentences for violation of City Ordinances, to prescribe and regulate entrance fees, fix tax for use on Park and streets and to raise revenues, repeal section 4, 4a, 4b, and section 22a 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 Act approved December 29, 1937, is hereby amended as follows: Act of 1937-1938 amended. Section 1. Be it further enacted by authority aforesaid that Section 3 of the Act of 1937, creating and establishing the City of Pine Lake be amended by striking the word three between the words of and members in the fourth line of said section, and substituting the word five therefor, so that said paragraph when amended shall read as follows, to be known as Section 3: Section 3. Be it further enacted by the authority aforesaid that the governing authority for said city and all rights and powers of said city shall be vested in a Mayor and in a Council to consist of five members nominated and elected from the city at large in the manner and for the time hereinafter provided. Mayor and council. Section 2. Be it further enacted by authority aforesaid that Section 4 and subsection (a) and (b) of Section 4 of the Acts of 1937-1939 creating and establishing the City of Pine Lake, be and the same is hereby repealed and the following substituted therefor, to be known as Section 4, 4(a), and 4(b).

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Section 4. Be it further enacted by the authority aforesaid that the office of Councilman W. A. Dodge, Jr., which expires in February, 1939 be extended to December 31st, 1939 or thereafter until a successor shall have been elected and qualified. That the office of Councilman H. A. Guthrie shall expire on December 31st, 1939, or as soon thereafter as a successor shall have been elected and qualified. That the office of Councilman N. A. Garner shall expire on December 31st, 1940 or as sooner thereafter as a successor shall have been elected and qualified. That the office of Mayor C. W. Childs shall expire on December 31st, 1940 or as soon thereafter as a successor shall have been elected and qualified. That the offices of the two additional councilmen herein created and provided for expire on December 31st, 1941 or as soon thereafter as a successor shall have been elected and qualified. After the expiration of the offices herein above specified, each of the terms shall be for three years or until a successor shall have been elected and qualified. The person seeking the office of Councilman or Mayor shall announce his candidacy for that specific office and the person receiving the majority of the votes cast shall be declared elected. Terms, etc. (a) Be it further enacted by authority aforesaid that there shall be an election on the first Monday in August of each year at which election two councilmen or one councilman and mayor shall be chosen, and that the hours for holding such elections shall be from 10:00 A. M. to 9:00 P. M. o'clock on the days of elections. Elections. (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, other than an entrance fee to be prescribed by the election committee all of which shall be used for election purposes. A candidate shall qualify by paying his entrance fee to the City Clerk at such time as shall be prescribed by the election committee.

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All money collected for election purposes in excess of the amount actually spent for said purposes shall be refunded to candidates seeking office. Conduct of candidates. Section 3. Be it further enacted by authority aforesaid that Section 6 of the Charter creating and establishing the City of Pine Lake, be amended by adding thereto a paragraph to be known and designated as sub-paragraph (i) as follows: (i) Shall have veto power, and shall exercise such power by either approving or vetoing any ordinance or resolution passed by Council within five days from the date passed. In the event the mayor fails to exercise his veto power with five days, any ordinance or resolution passed will stand approved. In the event the mayor does exercise his veto power as is herein provided, Council may over-ride his veto by a three-fifths vote at the next regular meeting of council, or at a special meeting called for the purpose. Veto power. Section 4. Be it further enacted by authority aforesaid that Section 10 of the Charter creating and establishing the City of Pine Lake be amended by striking the word two between the words Than and members in the tenth line thereof and substituting the word three therefor, so that said paragraph when amended shall read as follows: 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. Council may compel the attendance of absent members, may punish its members for disorderly behavior and by a vote of not less than three members may expel a member for

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disorderly conduct or violation of its rules; however, such member shall be notified of the charge against him and given an opportunity to be heard in his own defense. Powers of council. Section 5. Be it further enacted by authority aforesaid that Section 11 of the Charter creating and establishing the City of Pine Lake be amended by striking the word Two in the first line thereof and substituting the word Three therefor, and by striking the word two between the words of and members in line five thereof and substituting the word Three therefor, so that said paragraph when amended shall read as follows: Section 11. Three 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 three 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. Section 6. Be it further enacted by authority aforesaid that the second paragraph of Section 20 of the Charter creating and establishing the City of Pine Lake be amended by striking the word five between the words exceeding and days in the third line thereof and substituting the word thirty therefor, and by striking the figure $10.00 between the words exceeding and or in the fourth line thereof and substituting the figure $100.00 therefor, so that said paragraph when amended shall read as follows: Said court shall have power to preserve order; to compel the attendance of witnesses; punish for contempt by imprisonment not exceeding thirty days or a fine not exceeding $100.00 or both. Powers of court. Section 7. Be it further enacted by authority aforesaid that the third paragraph of Section 20 of the Charter creating

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and establishing the City of Pine Lake be amended by striking the word thirty between the words exceeding and days in the fourth line thereof and substituting the word ninety therefor, and by striking the figure $50.00 between the words exceed and either in the fifth line thereof and substituting the figure $100.00 therefor, so that said paragraph when amended shall read as follows: 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 ninety days or pay a fine not to exceed $100.00. Either one or more of said penalties may be imposed at the discretion of the recorder. Fines and imprisonment. Section 8. Be it further enacted by authority aforesaid that the Mayor and Council of the City of Pine Lake shall have the power and authority to borrow money in an amount not greater than $5,000.00 or the annual income for the fiscal year for which said sum is borrowed, to be used for current expenses and emergencies in the running and operation of the City of Pine Lake, to be paid back out of the income of the fiscal year in which same is borrowed. Loans. Section 9. Be it further enacted by authority aforesaid that Council shall have the power to name and designate a successor to fill any vacancy caused by death, resignation or otherwise in Council, to serve until the next regular election. Vacancies. Section 10. Be it further enacted by authority aforesaid that Section 22A of the Acts of 1937-1938 creating and establishing the City of Pine Lake, be and the same is hereby repealed and the following substituted therefor, to be known as Section 22A.

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Section 22A. Be it further enacted that for the purpose of raising revenue in order to maintain and care for proper sanitation, upkeep of parks, streets, and all other public property 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 tax upon each lot within the city but not to exceed a total of $1.00 per annum for all of said purposes to be paid into the general fund. Tax. Section 11. Be it further enacted that all laws and parts of laws in conflict with this amendment to the Charter creating and establishing the City of Pine Lake be and the same are hereby repealed. Approved March 24, 1939. QUITMAN, NOTICE OF TORT ACTIONS AGAINST. No. 46. An Act to amend the Act creating a new charter and municipal government for the City of Quitman in Brooks County, Georgia (Georgia Laws, 1905, pp. 1060-1082), as amended by the Act of 1921 creating a commission or manager form of government for said city (Georgia Laws, 1921, pp. 1055-1062), and any other Acts amendatory thereof, by requiring the giving of notice to the City Commissioners before bringing any action for damages to person or property against said City; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. That from and after the passage and approval of this Act, no action for damages to person or property of any character whatever shall be instituted or maintainable against the City of Quitman unless, within six months from the happening or infliction of the injury complained of, the complainant, his executor or administrator,

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shall give notice to the Board of Commissioners of said City of such injury in writing, stating in such notice the date and place of the happening or infliction of such injury, the manner of such infliction, the character of the injury, the names and addresses, if any, of any witnesses to said occurrence, and the amount of damages claimed therefor. Notice of injury and claim. Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. Approved February 14, 1939. QUITMAN SCHOOL TAX. No. 25. 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 Quitman of one and one-half mills for the years 1940 and 1941 only, in addition to all of the tax now provided by law, for the purpose of repairing, improving and remodeling school buildings 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 authority of the same, that the Board of City Commissioners of Quitman, Georgia, be and they are hereby authorized, directed, empowered and required to provide an ad valorem tax on all real and personal property within the corporate limits of said City of one and one-half mills for the years 1940 and 1941 only, in addition to all of the tax now provided by law, for the purpose of repairing, improving and remodeling school buildings and for other school purposes. School tax.

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Section 2. Be it further enacted that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved February 10, 1939. ROCKMART ELECTIONS. No. 21. An Act to amend the charter of the City of Rockmart, Georgia, so as to provide for the election of one councilman from each ward by the vote of qualified persons residing in the ward from which the councilman is to be elected; to prescribe the manner in which the ballot is to be prepared; to prescribe punishment for the violation hereof and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and is hereby enacted by the authority of the same that in the election as provided for and to be held on the first Saturday in December, 1939 for the election of Councilmen from Ward No. 2 and from Ward No. 5, the only persons that shall be deemed qualified to vote for said Councilmen shall be those persons residing in Ward No. 2 and Ward No. 5 and who have previously qualified as is provided in provisions heretofore provided; and that duly qualified voters residing in Ward No. 2 shall be deemed qualified and allowed to vote only for the Councilman from Ward No. 2 and only those qualified voters residing in Ward No. 5 shall be deemed qualified and allowed to vote only for the Councilman from Ward No. 5, and the provisions as herein enacted shall likewise apply to the election to be held on the first Saturday of December, 1940 for the election of Councilmen from Ward No. 1, Ward No. 3, and Ward No. 4 and each regular election thereafter. Election by wards. Section 2. Be it enacted by the authority aforesaid that the voters' list shall be purged to conform with provisions

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heretofore provided by said charter and that no person shall be deemed qualified to vote for a Councilman unless the voter's residence is in the ward in which the candidate resides and he shall not be allowed to vote for another candidate for Councilman who will represent another ward. The City Clerk shall provide the election managers with a list containing the names of persons duly qualified to vote in each election. This section shall not be construed to prevent a person duly qualified to vote in said City from voting in the election for a Mayor which office shall be filled by the voters at large without restrictions as to wards. Voters list. Section 3. Be it enacted by the authority aforesaid that the City Clerk of the City of Rockmart shall prepare and furnish printed ballots for all elections. That he shall prepare and furnish separate ballots for each ward and with the names of the candidates from said ward to be printed thereon; and he shall also furnish separate ballots with the names of the candidates for Mayor printed thereon. No person shall be allowed to cast a ballot in a regular election unless he has previously qualified as heretofore provided and anyone knowingly doing so shall upon conviction thereof be deemed guilty of the violation of the State Law prohibiting same and shall be punished as therein provided. Ballots. Section 4. Be it enacted by the authority aforesaid that all laws and parts of laws in confliction herewith be and the same are hereby repealed. Approved February 10, 1939. ROCKMART ELECTIONS. No. 22. An Act to amend the charter of the City of Rockmart, Georgia, as approved August 14, 1931, by striking therefrom

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Sections 2 and 4 of said Act and to insert in lieu thereof other sections to be known as Section 2 and Section 4 and for other purposes. Be it enacted by the General Assembly of Georgia and is hereby enacted by the authority of the same that Sections 2 and 4 of the charter amendment as approved August 14, 1931 be stricken therefrom and other sections to be inserted in lieu thereof, to wit: Act of 1931 amended. Section 2. Be it further enacted by authority of the same, that an election for a mayor and two councilmen shall be held in said City on the first Saturday in December, 1939 and an election for three councilmen shall be held on the first Saturday in December, 1940 and the successors to said mayor and two councilmen and to three councilmen shall be elected two years after said elections, and thereafter a mayor and two councilmen shall be elected every two years and three councilmen on alternate years. Provided, that on and after said election to be held in 1939 all councilmen shall be elected one from each of five wards hereinafter defined. And provided further, that on and after the passage of this Act the mayor shall be elected by the voters of the whole City, whereas the councilmen shall be elected in the manner hereinafter provided. Election of mayor and councilmen. Section 4. Be it further enacted by the authority aforesaid, that at the election to be held on the first Saturday in December, 1939 there shall be elected a successor to the present councilman, J. S. White, from Ward No. 2: and a successor to the present councilman, Francis Cowan, from Ward No. 5. Provided further that an election shall be held on the first Saturday in December, 1940 to elect a councilman from Ward No. 1, Ward No. 3, and Ward No. 4 and all elections to be held thereafter as provided. Provided, that all the present members of the council shall serve out the terms for which they have been previously elected. And it is further provided that the mayor and councilmen herein provided for shall be eligible to

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succeed themselves one time and no more, and shall all be elected for a term of two years. Councilmen. Be it enacted by the authority aforesaid that all laws and parts of laws in confliction herewith be and the same are hereby repealed. Approved February 10, 1939. ROCKMART ELECTIONSPOLLING TIME AND PLACE. No. 24. An Act to amend Section 6 of the charter of the City of Rockmart, as approved August 15, 1904 so as to prescribe the hour for opening and closing of polls in all city elections, 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 6 of the charter of the City of Rockmart, as approved August 15, 1904, shall be amended and when amended to read as follows: Section 6. Be it further enacted, That all elections held under this charter shall be held at the city hall in said city, or at such other place or places as the mayor and council may direct, and the polls at every such election shall be opened at 7 o'clock A. M. Central Standard time and shall close at 5 o'clock P. M. Central Standard Time; the person or persons receiving the highest number of votes cast at such election for mayor or councilman shall be declared elected. Voting. 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 10, 1939.

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ROCKMART ELECTIONSREGISTRATION OF CANDIDATES. No. 23. An Act to amend an Act entitled, An Act to Incorporate the Town of Rockmart, in Polk County, as amended by an Act entitled, An Act to amend, consolidate and supersede the several Acts incorporating the Town of Rockmart, in the County of Polk and for other purposes therein mentioned, approved August 15, 1904, and various amendatory Acts thereof, so as to provide for the qualification and registration of candidates for mayor and councilmen of the City of Rockmart, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and is hereby enacted by the authority of the same, That after the passing and approval of this Act, the Act incorporating the Town of Rockmart, in Polk County, providing for the election of a mayor and councilmen for same and for other purposes therein mentioned, approved August 15, 1904, and the various Acts amendatory thereof, be amended by adding a new section at the end of Section 2, of the amendatory Act, approved July 10, 1924, to be known as Section 2 (a) and to read as follows: Act of 1924 amended. Section 2. (a) All candidates for mayor and all candidates for councilmen shall be required to register their name with the clerk of the City of Rockmart at least ten days before the election for which said candidate offers, and said candidate shall so indicate at said time whether they desire to be a candidate for mayor or council, and if council, then the Ward which they seek to represent. Should any person fail to register their name with the clerk as provided such candidate shall not be eligible to have their name placed upon the ballot. However, when a vacancy occurs in either of said offices or when a special election is required to fill said vacancy then said candidate

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shall be required to certify this desire to said clerk at least five days before date of election in manner heretofore prescribed. Registration of candidates. Section 2. Be it further enacted that all laws and parts of laws in conflict herewith, and parts of present charter of the City of Rockmart in conflict herewith be and the same are hereby repealed in so far as said conflict is concerned. Approved February 10, 1939. ROME CHARTER AMENDMENTS. No. 208. An Act to amend an Act entitled An Act to create a new charter and Municipal Government for the City of Rome; to define the rights and powers of the Municipality; to authorize the City Commission to enact zoning and planning laws and to regulate the use thereof; To authorize City to transfer surplus or unexpended bond funds; to provide for eligibility of Board members; to define the corporate limits thereof, and to repeal all former charters and all 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 charter of the City of Rome, approved August 19, 1918, as amended, be and the same is hereby amended as follows, to-wit: Section 1. That the limits of the City of Rome be hereby changed, enlarged and extended so as to include that area of property, adjacent to the present city boundary, described as beginning at a point on the south side of the Rome and Calhoun highway 30 feet southeast from the center line of said road, and where the present city boundary

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crosses the south line of the right-of-way of said highway, and running thence in a northeasterly direction along said south line of said highway 770 feet, more or less, to the center of a culvert spanning a ditch going under said road; and continuing thence northeasterly along the south line of said right-of-way a distance of 1618 feet to a point; thence running south, 37 degrees and 30 minutes east, 461 feet; thence south, 60 degrees west, 180 feet to the center of a farm road; thence south, 36 degrees 45 minutes east, 1236 feet to a point; thence south, 2 degrees east, 1020 feet to the south line of land lot No. 209 in the 23rd District and 3rd Section of Floyd County, Georgia; thence running along said land lot line south, 88 degrees west, 737 feet to a point; thence north 28 degrees 30 minutes west, 517 feet to an iron pin; thence north, 77 degrees west, 847 feet to an iron pin; thence running south, 43 degrees west, 200 feet to the center of a ditch; running thence, in a general northwest direction along the center line of said ditch, to a point 150 feet southeast of the center line of the Rome and Calhoun Road; thence running southwesterly, and parallel to the center line of the Rome and Calhoun Road, and at a distance of 150 feet south from the center line of the same, to a point on the present line of the City limits of Rome, which point is 150 feet south from the center of said Rome and Calhoun Road, and running thence northerly along the present boundary of the City of Rome to the beginning point, the property within these lines being annexed to the City of Rome as part of the Sixth Ward thereof. Limits extended. Section 2. That the Act approved August 6, 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 securing rights-of-way on any State highway to be constructed through the City of Rome, the City Commission of said City shall have the right, by either resolution or ordinance adopted at any

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regular or called meeting of said Commission, to levy a special tax for either the year 1939 or 1940, but not for both years, for said purpose, of not more than of 1% of said assessed value, the proceeds thereof to be devoted exclusively to said purpose; and that Section 1, 2, 3, 4, 5 and 6 of the Act of the General Assembly of Georgia, approved January 21, 1938 (Georgia Laws 1937-1938, page 1338), in so far as the same may be made to apply, are hereby made applicable hereto. Special tax for 1939 or 1940. Section 3. That the City Commission of said City shall have the 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. Zoning. Section 4. That the City Commission of said City shall have the power and authority to transfer funds, the proceeds of bonds of said City voted and duly validated in 1938, from one bond fund or account into another bond fund or account when and if it should appear to said Commission that there remains any surplus or unexpended funds in any bond fund or account, and such transferred funds may thereupon be used and expended for the same purposes that the bond fund or account might be used into which such funds are transferred. Such transfer of said funds shall first be approved by the Bond Commission of said City which has been created by the City Commission of said City in connection with the expenditure of said funds. Transfer of funds. Section 5. That the Act approved December 21, 1937, amending the charter of the City of Rome be and the same

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is hereby amended by adding at the end of Section 3 of said Act the following provision, to-wit: Provided, however, a person shall not be rendered ineligible to be a member of said Board, although he may hold an office of profit or trust under the City, County or State, if the duties of such office are not said person's regular employment and is his principal source of income, and provided further no member of the City Commission of said City shall be eligible to be a member of said board. Civil service boardeligibility. Section 6. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 20, 1939. ROME POLICEMEN AND FIREMENREFERENDUM. No. 405. An Act to amend An Act creating a new charter for 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 laws in conflict therewith as approved August 19, 1918, and the laws amendatory thereof by limiting the hours of work of policemen and firemen; by providing for the furnishing of uniforms and caps to members of the Fire and Police Departments; by fixing the minimum number of men to be employed by the Police and Fire Departments; by providing for a referendum; to repeal all laws and parts of laws in conflict therewith; 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 An Act to Amend an Act creating a new charter for municipal government for the City of Rome; define the rights and powers of the municipality; define the corporate

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limits thereof; to repeal all former charters and, all laws in conflict therewith as Approved August 19, 1918, and the laws amendatory thereof by further defining and enlarging the powers thereunder; and for other purposes, shall be amended as follows, to-wit: Section 1. Be it enacted by the authority aforesaid that Section 98 of the said Act approved August 19, 1918, be amended by adding the following paragraph to-wit: Provided that no member of the Police Department, except the Chief, shall be employed longer than 8 hours on any calendar day except in cases of emergency; provided further that the members of the Police Department shall be furnished with two uniforms and two caps a year and provided further that the members of the Police Department shall consist of not less than Twenty-two (22) men, in addition to the Chief of such Department; provided further that each member of the Police Department shall receive, each year, a vacation of 10 days with pay. Police. Hours. Uniforms. Membership. Vacation. Section 2. Be it further enacted by authority aforesaid that Section 100 of said Act approved August 19, 1918, as amended be and the same is hereby amended as follows, to-wit; No member of the Fire Department, except the Chief, shall be employed more than 12 hours on any calendar day except in cases of emergency; provided further that the members of the Fire Department shall be furnished with two uniforms and two caps a year, together with the regular equipment of boots, coat and trousers known as Quick Hitches, whenever such may become necessary, by the said City of Rome; provided further that the Fire Department shall consist of not less than Thirty (30) men in addition to the Chief thereof; provided further that each member of said Fire Department shall receive each year a vacation of 10 days with pay. Firemen. Hours. Uniforms. Membership. Vacation.

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Section 3. Be it further enacted by the authority aforesaid that on the 4th day of October, 1939, an election shall be held within the City of Rome for the purpose of submitting to the qualified voters of said City the ratification or rejection of this Act. Said election to be held under the present laws and regulations in the City of Rome for holding special elections. That 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 shall be qualified to vote in this 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 this special election shall be for the Act amending the Charter of the City of Rome then this Act shall go into effect on January 15, 1940. 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. Section 4. Be it further enacted by the authority aforesaid that all laws and parts of law in conflict hereby be and the same are hereby repealed. Approved March 24, 1939. ROSSVILLE POLICE AND FIREMEN. No. 149. An Act to amend and alter the Charter of the City of Rossville, Walker County, Georgia, approved August 14, 1905, and all Acts amendatory thereof, to provide

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for the election of additional police officers and to provide for the election of two or more firemen; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Section 3 of the amended Charter of the City of Rossville, as embodied and as approved August 14, 1931, be and the same is hereby repealed, and the following inserted in lieu thereof: Be it further enacted that the Mayor and Council, at the first meeting after their election, or at any subsequent meeting after the first, if in their judgment they deem proper and best, shall appoint committees and elect two or more police officers, which said police officers when elected by the Mayor and Council, shall give bond in an amount required by the Mayor and Council, which said bond shall be approved by the Mayor, conditioned for the performance of their duties. They shall each subscribe to an oath to well and faithfully discharge their duties to the best of their ability. The Mayor and Council shall have authority to elect any number of police officers that they might deem necessary and shall have the authority to fill any vacancy and to fix and prescribe the duties and salary to be received by each police officer. Police officers. Section 2. Immediately upon the passage of this Act, the general welfare requiring same, the Mayor and Council shall elect two or more firemen as they deem necessary, their terms of office being subject to the will and discretion of the Mayor and Council and the Mayor and Council shall have the power and authority to fix and prescribe the duties and salary to be received by each fireman. Firemen. Section 3. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 8, 1939.

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ROSSVILLE PUBLIC WORKS. No. 309. An Act to amend and alter the Charter of the City of Rossville, Walker County, Georgia, approved August 14, 1905, and all Acts amendatory thereof to provide for the acquisition, purchase, construction, reconstruction, improvement, betterment, extension, operation and maintenance of revenue-producing, public works by the Mayor and Council of said City; authorizing and regulating the issuance of revenue bonds for financing such public works; and providing for the payment of such bonds and the rights of holders thereof; by providing for the adoption of a resolution defining territory outside the corporate limits in which the municipality shall engage in public works, creating a board of joint control, defining its powers and providing for the issuance of a permit to non-resident municipal corporations; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Mayor and Council, the governing body of the City of Rossville, shall have the authority and power to acquire, purchase, construct, reconstruct, improve, better, extend, operate and maintain the following revenue-producing public works, the term public works shall mean any one or combination of two or more of the following: water, sewerage, gas or electric, heat, light or power works, plants and systems, together with all parts thereof and appurtenances thereto including, but not limited to, supply and distribution systems, transmission systems, reservoirs, dams, sewerage treatment and disposal works and generating plants. Authority. Public works. Section 2. Be it further enacted, that the Mayor and Council shall have power and authority under this Act: (1) To construct, acquire by purchase or gift, or the exercise of the right of eminent domain, reconstruct, improve,

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better or extend any public works, within or without the city limits of said municipality or partially within or partially without the limits of said municipality, and not exceeding a radius of one-half () mile from the present, or any future corporate limits, and to use by purchase, gift or the exercise of the right of eminent domain, lands or rights in land or water rights in connection therewith. Powers granted to mayor and council. (2) To operate and maintain any public works for its own use or for the use and benefit of its inhabitants and also to operate and maintain such public works for the use and benefit of persons, firms, corporations, companies, and political sub-divisions and their inhabitants thereof whose residence or place of business are located within a one-half () mile radius of the present or future city limits of Rossville. (3) To issue its bonds to finance in whole or in part the cost of the acquisition, purchase, construction, reconstruction, improvement, betterment or extension of any public works. The Mayor and Council in determining such cost may include all cost and estimated cost of the issuance of said bonds, all engineering, inspection, fiscal and legal expenses, and interest which it is estimated will accrue during the construction period and for six months thereafter on money borrowed or which it is estimated will be borrowed pursuant to this Act. (4) To prescribe and collect rates, fees and charges for the services, facilities and commodities furnished by such public works. (5) To pledge to the punctual payment of said bonds and interest thereon an amount of the revenues of such public works (including improvements, betterment or extension thereto, thereafter constructed or acquired) or of any part of such public works, sufficient to pay said bonds and interest as the same shall become due and to create and

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maintain reasonable reserves therefor. Such amount may consist of all of any part or portion of such revenue. (6) To contract with any person, corporation, municipality, and any authorities, agencies and instrumentalities of the United States of America now existing and created hereafter by the United States of America and in connection with any such contract to stipulate and agree to such covenants, terms and conditions as the Mayor and Council may deem appropriate including, but without limitation, covenants, terms and conditions with respect to the re-sale rates, financial and accounting methods, services, operation and maintenance practices and the manner of disposition of the revenues of the public works, operated and maintained by said City of Rossville. (7) To use any right of way, easement of other similar property right necessary or convenient in connection with the acquisition, improvement, operation or maintenance of the public works thereof, held by any other political sub-division thereof, provided that the governing body of such political sub-division shall consent to such use. (8) In the event the Mayor and Council of the City of Rossville desire to engage in any of the public works named in said bill, the governing authorities of said municipality shall adopt a resolution specifying therein the territory without the corporate limits of the city affected thereby, and the particular public works it will engage in. Said resolution shall be entered on the books of said city where such resolutions are recorded. (9) In the event the City of Rossville by resolution decides to engage in any of the public works without the corporate limits of said city, as defined in paragraphs numbered 1 and 2 of Section II of said bill, and adopts the resolution provided for in paragraph 8, then and in that event, a Board of Joint Control composed of five members shall exercise equal authority with the Mayor and Council

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of the City of Rossville over the public works without the corporate limits, said Board having equal authority with the Mayor and Council. (10) In the event of a disagreement on any question, a majority in number of the Mayor and Council and the Board shall decide the controversy. (11) Said Board of Control shall consist of five members. Two members of said Board shall be appointed for a period of four years, two for a period of six years, and one for a period of eight years, and each member thereof shall serve until his successor is appointed. Any resident of Georgia shall be eligible to serve on said Board. The first Board shall consist of the following named persons, to wit: C. E. Carter and F. M. Gleason, who are appointed for a period of four years; J. L. Buchanan and L. O. Ledford, who are appointed for a term of six years; and T. A. Yates, who is appointed for a term of eight years, and who shall act as Chairman of said Board. When the term of appointment of any member or members of said Board shall have expired, or when any vacancy in the Board occurs by reason of death, resignation, removal, or other cause, the vacancy or vacancies shall be filled by appointments made by the Mayor and Council and the remaining members of said Board. The members of said Board shall be entitled to reasonable compensation for services rendered by them. Section 3. Be it further enacted that the construction, acquisition, purchase, reconstruction, improvement, betterment or extension of any public works may be authorized under this Act and bonds may be authorized to be issued under this Act to provide funds for such purpose or purposes by resolution or resolutions of the Mayor and Council which may be adopted at the same meeting at which they are introduced by a majority of all the members of the Mayor and Council thereof then in office and shall take effect immediately upon adoption. Said bonds shall bear interest at such rate or rates not exceeding five (5) per

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centum per annum, payable semi-annually, may be in one or more series, may bear such date or dates, may be mature at such time or times, not exceeding thirty (30) years from their respective dates, may be payable in such medium of payment at such place or places, may carry such registration privileges, may be subject to such terms or redemption, may be executed in such manner, may contain such terms, covenants or conditions and may be in such form, either coupon or registered, as such resolutions or subsequent resolutions by the Mayor and Council may provide. Said bonds shall be sold at not less than par and accrued interest. Pending the preparation of the definite bonds, interim receipts, in such form and with such provision as the Mayor and Council determine may be issued to the purchaser or purchasers of bonds to be issued under this Act. Said bonds and interim receipts shall be negotiable for all purposes. Bonds. Section 4. Be it further enacted that any resolutions by the Mayor and Council authorizing the issuance of bonds under this Act may contain covenants as to (a) the purpose or purposes to which the proceeds of sale of said bonds may be applied and the use and disposition thereof, (b) the use and disposition of the revenue of the public works for which said bonds are to be issued, including the creation and maintenance of reserves, (c) the transfer from the general funds of the City of Rossville to the account or accounts of the public works and amount equal to the cost of furnishing the City of Rossville or any of its departments, boards or agencies with the services, facilities and commodities of said public works, (d) the issuance of other or additional bonds payable from the revenue of said public works, (e) the operation and maintenance of such public works, (f) the issuance to be carried thereon and the use and disposition of the insurance monies, (g) books of account and the inspection and audit thereof and as to accounting methods, and (h) the terms and conditions upon which the holders of said bonds or any proportion

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of them or any trustees therefor shall be entitled to the appointment of a receiver by the Superior Court of Walker County, Georgia, which Court shall have jurisdiction in such proceedings, and which receiver may enter and take possession of said public works, operate and maintain the same, prescribe rates, fees or charges, and collect, receive and apply all revenue thereafter arising therefrom in the same manner as the Mayor and Council itself might do. The provisions of this Act and any such resolution or resolutions by the Mayor and Council shall be a contract with the holder or holders of said bonds and the duties of the Mayor and Council under this Act and any such resolution or resolutions shall be enforcible by any bond holder by mandamus or any other appropriate suit, action or proceeding in any Court of competent jurisdiction. Resolution. Section 5. Be it further enacted that said bonds bearing the signatures of the Mayor and Council in office on the date of signing thereof shall be valid and binding obligations notwithstanding that before the delivery thereof and payment therefor any of all the persons whose signatures appear thereon shall have ceased to be officers of the City of Rossville. The validity of said bonds shall not be dependent on nor affected by the validity or regularity of any proceedings relating to the acquisition, purchase, construction, reconstruction, improvement, betterment, or extension of the public works for which said bonds are issued. The resolution authorizing said bonds may provide that the bonds shall contain a recital that they are issued pursuant to this Act, which recital shall be conclusive evidence of their validity and of the regularity of their issuance. Validity of bonds. Section 6. Be it further enacted that all bonds of the same issue shall, subject to the prior and superior rights of outstanding bonds, claims or obligations, have a prior and paramount lien on the revenue of the public works, for which said bonds have been issued, over and ahead of all

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bonds of any issue payable from said revenue which may be subsequently issued and over and ahead any claims or obligations of any nature against said revenue subsequently arising or subsequently incurred. All bonds of the same issue shall be equal and ratably secured without priority by reason of number, date of bonds, of sale, of execution, or of delivery, by a lien on said revenue in accordance with the provisions of this Act and the resolution or resolutions authorizing said bonds. Lien on revenue. Section 7. Be it further enacted that no holder or holders of any bonds issued under this Act shall ever have the right to compel any exercise of taxing power of the Mayor and Council of the City of Rossville to pay said bonds or the interest thereon. Each bond issued under this Act shall recite in substance that said bond, including interest thereon is payable from the revenue pledged to the payment thereof and that said bond does not constitute a debt of the City of Rossville within the meaning of any statutory limitation. Not debt of city. Section 8. Be it further enacted that the Mayor and Council of the City of Rossville, issuing bonds pursuant to this Act, shall prescribe and collect reasonable rates, fees or charges for the services, facilities and commodities of such public works, and shall revise such rates, fees or charges from time to time whenever necessary so that such public works shall be and always remain self-supporting. The rates, fees or charges prescribed shall be such as will produce revenue at least sufficient, (a) to pay when due all bond and interest thereon, for the payment of such revenue, is or shall have been pledged, charged or otherwise encumbered, including reserves therefor, and (b) to provide for all expenses of operation and maintenance of such public works including reserves therefor. Charges for service. Section 9. Be it further enacted that all revenue bonds issued under this Act shall be validated in the Superior Court of Walker County in the same manner as provided

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for in Section 9 to Section 18 inclusive of the 1937 Revenue-Certificate law of Georgia. Validation of bonds. Section 10. Be it further enacted that the powers conferred by this Act on the Mayor and Council of the City of Rossville shall be in addition and supplemental to, and the limitations imposed by this Act shall not affect the powers conferred by any other general, special or local law. Public works may be acquired, purchased, constructed, reconstructed, improved, bettered and extended, and bonds may be issued under this Act for said purposes notwithstanding that any general, special or local law may provide for the acquisition, purchase, construction, reconstruction, improvement, betterment and extension of a like public works, or the issuance of bonds for like purposes, and without regard to the requirements, restrictions, limitations or other provisions contained in any other general, special or local law, including, but not limited to, any requirement for the approval by the qualified voters of the City of Rossville. Powers supplemental. Section 11. Be it further enacted that this Act is remedial in nature and any power, authority or right hereby conferred shall be liberally construed and to this the Mayor and Council shall have the power, authority and right, in addition to those expressly conferred hereby, to do all things necessary or convenient in carrying out the purposes hereof. Nature of Act. (a) The Mayor and Council shall have authority to employ such agents, servants, and employees as it may deem necessary, with authority to fix their compensation. Employees. (b) The Mayor and Council shall have full power and authority to make reasonable rules and regulations governing non-resident Municipal Corporations existing under the laws of any foreign State of the United States, who desire to engage in any of the public works named in this bill, and no Municipal Corporation, organized or existing

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pursuant to the laws of any other State of the United States shall be allowed to operate, manage, own or control any of the public works systems provided for in this Act within the boundaries of the City of Rossville, Georgia, or any territory without the corporate limits described in the resolution provided for in Section II, paragraph 8 of this bill, without first obtaining from the Mayor and Council of the City of Rossville and the Board of Control, a permit, the acceptance of which will constitute an agreement on the part of such foreign Municipal Corporations to be bound by the terms, provisions, and conditions set forth in said permit. Regulation of non-resident municipal corporations. (c) Any attempted operation by such foreign Municipal Corporations shall be enjoinable by any action at law or equity in the Superior Court of the County wherein such attempted operation is begun. Injunction. (d) The Mayor and Council shall appoint a Manager, who shall be in complete charge or control of any of the public works named in said bill. He shall serve for a period of three years after his appointment, subject to removal only for cause. His compensation shall be fixed by the Mayor and Council. He shall give a bond for the faithful performance of his duties, in an amount set by the Mayor and Council. Said Manager shall also have charge and control of any part of the system without the corporate limits of said city. In the event said system is extended without corporate limits, then and in that event the Board of Control, acting in conjunction with the Mayor and Council, shall appoint said Manager and fix his compensation. Manager. Section 12. Be it further enacted that if any Section, sentence, clause or provision of this Act or any application thereof shall be held invalid, the validity of any other Section, sentence, clause or other provision hereof or of any other application shall not be affected.

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Section 13. Be it further enacted that this Act shall take effect from and after its passage, the public welfare requiring it. Effective date. Section 14. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1939. SAVANNAH CHARTER AMENDMENTS. No. 94. 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. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same that the Act, entitled An Act to alter, revive and amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, approved February 27, 1933, be and the same is hereby amended by striking therefrom in its entirety Section Fifteen (15), on pages 1059-1060, Georgia Laws 1933, and inserting in lieu thereof a new section to be known as Section Fifteen (15) and to read as follows: Act of 1933 amended. Section 15. Be it further enacted by the authority aforesaid that every employee, including elective and appointive officers, of the Mayor and Aldermen of the City of Savannah shall, from and after the passage of this Act, contribute two (2%) per centum. of his, or her, regular monthly salary to the Pension Fund of said City. This Pension Fund shall be held by the Treasurer of the City of Savannah as a trust fund for all the employees and officers of the City of Savannah. Said pension Fund shall be managed and administered as aforesaid by said

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Board of Pensions under the direction and control of said Mayor and Aldermen of the City of Savannah. Should any employee or officer of said City die or resign or be dismissed from the service of said City, the amount of his or her contribution to said Pension Fund shall, together with interest, if any interest has accumulated thereon, be returned to said employee or officer, in the case of his, or her, resignation or dismissal before a Pension is granted to said employee or officer, or in case of his, or her, death before a Pension is granted, to the heirs, executors or administrators of said employee or officer. Should any former employee or officer of the City of Savannah, who has resigned or been dismissed from the service of the City and who has been refunded the amount that said employee or officer has paid into said Pension Fund, be re-employed, re-elected or re-appointed by said Mayor and Aldermen of the City of Savannah, said employee or officer shall not be eligible for a Pension again unless and until said employee repays into the said Pension Fund the amount which said employee or officer has drawn from said fund. After an employee or officer is granted, and receives, a Pension, said employee or officer shall not be required to contribute to said Pension Fund. It shall be obligatory upon all employees, including elective and appointive officers of the Mayor and Aldermen of the City of Savannah to contribute to said Pension Fund. Any employee or officer who either fails or refuses to contribute to said Pension Fund, as provided for herein, shall be discharged from the service of the Mayor and Aldermen of the City of Savannah, and such refusal or failure to so contribute shall be sufficient grounds for discharge. That all present officers and employees who have not since the approval of the Pension Act of February 27, 1933, contributed to the Pension Fund, may contribute two (2%) per centum of their salaries received since the approval of the pension law incorporated in the Acts of 1933 and approved February 27th, 1933. If they

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do elect to contribute said 2% during the period of time elapsed from February 27, 1933 up to and including the approval of this Act, the years elapsed between February 27th, 1933 and the approval of this Act shall be counted and included on their retirement. If they do not elect to pay the 2% on their salaries earned since the approval of said pension law they shall commence payment of said 2% upon the approval of this Act but the years of service that have elapsed since February 27th, 1933 up to and including the approval of this Act shall not be counted or included on their retirement. Pension fund. Section 2. Be it further enacted by the authority aforesaid that the Act, approved February 27th, 1933, and incorporated in the Acts of the General Assembly of the State of Georgia 1933, entitled An Act to alter, revive and amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah be and the same is hereby amended by striking therefrom in its entirety Paragraph A of Section Fourteen (14), on page 1057, Georgia Laws 1933, said Paragraph A being the first paragraph of said Section Fourteen (14). Par. A, Sec. 14, stricken. Section 3. Be it further enacted by the authority aforesaid that the Act of the General Assembly of the State of Georgia, approved March 28th, 1935, entitled An Act to alter, revise and amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah; and for other purposes be and the same is hereby amended by striking in its entirety, on pages 1172 and 1173, Section Five (5) of said Act. Sec. 5 of Act of 1935 stricken. Section 4. Be it further enacted by the authority aforesaid that from and after the passage of this Act any regular employee, or elective or appointive officer of the Mayor and Aldermen of the City of Savannah, who has served well and faithfully for a period of fifteen (15) years, the last five (5) of which have been continuous and immediately preceding the application for retirement, may, if eligible

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for a Pension, upon application to the Mayor and Board of Aldermen, and approved by the Board of Pensions, be retired from active service, if he is found to be physically unfit by reason of age, sickness or infirmities to fully perform the services for which he was employed, and in which he is then engaged; or, if such an employee by indication shows a lack of ability to perform the services for which he was employed, it shall be the duty of the officer in charge of the Department to have such employee present himself for examination by two (2) competent and reputable practicing physicians of the City of Savannah, one of whom shall be the practicing physician of the Pension Board, the other to be selected by the Mayor and Aldermen of the Board of Pensions, and should such physical examination show to the satisfaction of the Mayor and Board of Aldermen that such employee or officer is physically unfit by reason of age, sickness or infirmities to fully perform the services for which he was employed, appointed or elected, and in which he is then engaged, such employee or officer shall be retired and receive a Pension of thirty (30%) per centum. of the amount of the salary paid him at the time of his retirement, such pension in no event to exceed One Hundred ($100.00) Dollars per month. Retirement for disability. Section 5. Be it further enacted by the authority aforesaid that from and after the passage of this Act all employees or officers eligible for Pensions, upon the granting of a Pension to such employee or officer, shall be entitled to a Pension in an amount equal to two (2%) per centum. of the monthly salary of said employee or officer for each year of service rendered up to and including the filing of the application for Pension; said Pension in no event to exceed the sum of One Hundred ($100.00) Dollars per month. Amount of pension. Section 6. Be it further enacted by the authority aforesaid that from and after the passage of this Act the Mayor and Aldermen of the City of Savannah are hereby authorized

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and empowered to prescribe by ordinance a salary for the Chairman of the Finance Committee. Said salary to be in addition to the compensation now received, as a member of the Board of Aldermen. The Chairman of the Finance Committee is authorized and empowered to supervise the financial affairs of the City of Savannah and to supervise and direct the Comptroller of the City of Savannah in the management of the fiscal affairs of the Mayor and Aldermen of the City of Savannah. Chairman of finance committee. Section 7. Be it further enacted by the authority aforesaid that from and after the passage of this Act the Mayor and Aldermen of the City of Savannah are hereby authorized and empowered to fix a maximum discretionary age limit of retirement for all employees of the Mayor and Aldermen of the City of Savannah. The Mayor and Aldermen may, in their discretion, retire any employee of the City of Savannah who attains such maximum discretionary age limit. The Mayor and Aldermen of the City of Savannah are further authorized to fix a minimum age and a maximum age for all persons employed by the Mayor and Aldermen of the City of Savannah, and when such authority is exercised by the Mayor and Aldermen of the City of Savannah, no person under the minimum age may be employed and no person over the maximum age may be employed. Age of employees. Section 8. Be it further enacted by the authority aforesaid that from and after the passage of this Act the Mayor and Aldermen of the City of Savannah are further authorized and empowered to require physical examination of any employee of any Department at any time. If the result of said examination shows that said employee is incapable to discharge his duties, the Mayor and Board of Aldermen may discharge said employee, or if eligible for a pension, said employee shall be retired in accordance with the provisions of the existing pension laws. Examinationdisability.

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Section 9. Be it further enacted by the authority aforesaid that that certain Act of the General Assembly of the State of Georgia incorporated in Georgia Laws of 1937, approved March 20th, 1937, entitled An Act to amend the Charter of the Mayor and Aldermen of the City of Savannah, and the several Acts amendatory thereof and relating and supplementary thereto; and for other purposes, be and the same is hereby amended by striking, on page 2096, Section 1 thereof in its entirety; said Section 1 reads as follows: Sec. 1 of Act of 1937 repealed. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is enacted by the authority of the same, That from and after the passage of this Act that the Mayor and Aldermen of the City of Savannah be, and it is hereby authorized and empowered, in addition to the taxing powers heretofore conferred upon the said Mayor and Aldermen, to levy taxes upon all sales of property and/or facilities made within the corporate limits of Savannah as now or hereafter established, and upon the gross or net receipts of persons, firms, corporations and associations doing business in said City. It being the intent of this Act that Section 1, above quoted, be and the same is hereby repealed. Section 10. Be it further enacted by the authority aforesaid that that certain Act entitled 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, incorporated in Georgia Laws Extra Session 1937-1938, and included on pages 1343 to 1347 of the Acts of 1937-1938, be and the same is hereby amended by adding at the end of Section 1 thereof the following language: Act of 1937-1938 amended. The Chairman of the Finance Committee of Council shall be the Chairman of the Budget Commission

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so that said Section 1, on page 1343 of said Act of 1937-1938, approved February 7th, 1938, when amended, shall read as follows: 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. The Chairman of the Finance Committee of Council shall be the Chairman of the Budget Commission. Budget commission. Section 11. Be it further enacted by the authority aforesaid that that certain Act entitled 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, approved February 7, 1938, and incorporated in the Acts of the General Assembly of the State of Georgia, Extraordinary Session 1937-1938, on pages 1343 to 1347, be and the same is hereby further amended by striking from Section 2 of said Act on pages 1343 and 1344 the following paragraphs in their entirety, paragraphs (a), (b), (c) and (d) and by inserting in lieu thereof in Section 2 Four (4) new paragraphs to be known as paragraph (a), (b), (c) and (d) to read as follows: (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 taxes for such year than was collected in cash as the average annual income for the preceding four (4) years for which the budget is made from the taxes of such preceding four (4)

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years on real property, excluding taxes based upon assessments made through the office of the Comptroller General of the State of Georgia. (b) Receipts from valid executions on real property not more than seven (7) years old at no larger proportion of the total amount of such executions than was collected in cash as the average annual collections during the preceding four (4) years for which such budget is made from the executions on real property less than seven (7) years old. Items of revenue estimate. (c) Receipts from executions on personal property at no larger proportion of the total amount of such executions less than seven (7) years old outstanding at the beginning of such year than was collected in cash as the average annual collection in cash during the preceding four (4) years for which such budget is made from the amount of executions on personal property less than seven (7) years old. (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 average annual amount in dollars received in cash from such sources during the four (4) years 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, the average annual collections during the four (4) years preceding the year for which the budget is made shall be deemed in each case to be the actual receipts for the twelve (12) months immediately preceding the adoption of the budget. Section 12. Be it further enacted by the authority aforesaid that said Act approved February 7th, 1938, be and the same is hereby further amended by striking therefrom in its entirety that part of Section Four (4)

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of said Act, included on pages 1345 and 1346, and which reads as follows: Portion of Sec. 4 of Act of 1937-1938 repealed. 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 expense 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 and Aldermen of the City of Savannah to recover amounts appropriated or expense incurred in violation of this Act. It being the intention of this Act to specifically repeal the above quoted portion of Section Four (4) and for all intents and purposes that said portion of Section Four (4) be and the same is hereby repealed. Section 13. Be it further enacted that all laws or parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved February 28, 1939. SAVANNAH LIMITS EXTENDED. No. 198. An Act to amend the several Acts relating and incorporating the Mayor and Aldermen of The City of Savannah, so as to provide for the extension of the corporate limits of said city and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority

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of the same, that from and after the passage of this Act, the corporate limits of the City of Savannah, located in Chatham County, Georgia, shall be extended as of June 1st, 1939, as follows: Beginning at a point on the present limits of the City of Savannah and in line with the south line of the Central of Georgia Railway, formerly known as the Tybee division, thence running east along the south line of the Central of Georgia right-of-way to a point directly in line with the east line of Pennsylvania Avenue, thence along the east line of Pennsylvania Avenue to the north line of north Jones Street, thence along the north line of north Jones Street to a point directly in line with the east line of Laurel Avenue, thence south along the east line of Laurel Avenue to the south line of Bolton Street, thence west along the south line of Bolton Street to the east line of Georgia Avenue, thence south along the east line of Georgia Avenue to the south line of Bonaventure Road, thence east along the south line of Bonaventure Road to the west line of Levy Avenue, thence south along the west line of Levy Avenue to the north line of Victory Drive, thence west along the north line of Victory Drive to a point directly opposite with the east line of Washington Avenue, of the Olympus Subdivision, thence south along the east line of Washington Avenue and continuing in a straight line to the right-of-way of the Casey Canal, thence along the west bank of the Casey Canal to the south side of Parnell Avenue, thence west on the south line of Parnell Avenue to the west side of Waters Road, thence between old Farm Lots 4 and 10 on the Poplar Grove tract, and continuing westwardly in a straight line to the east side of Montgomery Street, thence south along the east side of Montgomery Street, so as to include Hussars Tract annex, thence west along the southern boundary of Hussars Tract annex to the west side of Middleground Road, thence along its meanderings to the present corporate limits of the City of Savannah.

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Beginning at the intersection of the corporate limits Gwinnett Street West and the right-of-way of the Seaboard Air Line and running along the east side of the right-of-way of the Seaboard Air Line to the north side of the right-of-way of the Savannah Union Station, and thence east along the right-of-way of the Savannah Union Station to the present corporate limits at the Spring-field Canal. Beginning again on the north line of the Augusta Road and the present City Limits running thence west along the north line of Augusta Road to the intersection with the east line of Lathrop Avenue West, thence north along the east line of Lathrop Avenue west to the south side of McKenna Avenue, thence east along south line of McKenna Avenue and continuing eastwardly along the south line of R. R. right-of-way to west line of Lathrop Avenue east, thence south along west line of Lathrop Avenue east to the present corporate limits of the City of Savannah. Extension. Section 2. Be it further enacted that the above territory taken into the corporate limits of the City of Savannah shall not be liable for property tax until January 1st, 1940, and any person, firm, or corporation now conducting any business in said territory, for which they have paid a license to the county, shall not be liable for city occupational tax until after January 1st, 1940. Taxes due in 1940. Section 3. Be it further enacted by the authority aforesaid, that the Board of Education of Chatham County, Georgia, shall be and is hereby required to furnish to the school children of the area included in this bill the same transportation facilities to and from school that are now being enjoyed by such school children; it being the purpose of this section to preserve to the children of this area the same privileges they now enjoy by reason of living outside of the city limits of Savannah. School transportation. Section 4. Be it further enacted by the authority aforesaid that by July 1, 1940, the Mayor and Aldermen

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of the city of Savannah shall, furnish to the settled area included in this Act, reasonable police, health, and garbage disposal services, and that as soon as practicable thereafter, the said Mayor and Aldermen shall furnish to the densely populated area included herein reasonable water, drainage, and other municipal facilities. Extension of municipal services. Section 5. Be it further enacted that if any section or paragraph of this Act shall be declared unconstitutional, it shall not affect the remaining portion of said Act. Section 6. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 17, 1939. SNELLVILLE CITY LIMITSREFERENDUM. No. 414. An Act to amend an Act entitled, An Act incorporating the Town of Snellville, in the County of Gwinnett, State of Georgia, as set out in Georgia Laws 1923, pages 775-780, and approved August 20, 1923, changing the corporate limits of said Town, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that on and after the passage of this Act Section 2 of the Act incorporating the Town of Snellville in Gwinnett County, Georgia, approved August 20, 1923, as set out in the Georgia Laws of 1923, pages 775-780, be and the same is hereby stricken and the following section substituted in lieu thereof. Act of 1923 amended. Section 2. Be it further enacted by the authority aforesaid, that the corporate limits of said town of Snellville shall be as follows: One mile in all directions from

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the two story building generally known as Sawyer's Store. Corporate limits. Section 3. Be it further enacted by the authority aforesaid, that before this Act goes into effect that this Act be submitted to the qualified voters of the additional territory that would be effected by this Act at a special election, that is to the qualified voters who reside in that area which includes the territory from one-half to a mile's distance from the central point of Sawyer's Store designated in this Act. Referendum. Section 4. Be it further enacted by the authority aforesaid, that said special election shall be called by the present Mayor of the Town of Snellville to be held on the 15th day of April, 1939, and that notice of said election shall be posted at the courthouse door in the Town of Snellville and at least three other public places within the area effected for at least fifteen days before said election; that said election shall be held by election managers to be made up of a J. P. or N. P. and three free holders of the territory effected. Section 5. Be it further enacted by the authority aforesaid, that the question that shall be submitted to the voters of said Territory shall be For extension of incorporate limits, and Against extension of incorporate limits. Section 6. Be it further enacted that in the event a majority of the votes cast be for extension of incorporate limits, that the same be, and the same is hereby extended, and that in the event a majority of the votes cast in said election be against the extension of the incorporate limits that this Act shall not go into effect. Section 7. Be it further enacted that all laws and parts of law in conflict with this Act be, and the same are hereby repealed. Approved March 24, 1939.

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STATESBORO ZONING. No. 138. An Act relating to the City of Statesboro, Georgia, to authorize the Mayor and Council of the City of Statesboro, Georgia, or other governing authorities to pass rules, regulations, and ordinances whereby the City of Statesboro, 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 Statesboro, Georgia, through its Mayor and Council or other governing authorities is authorized to promulgate rules, regulations, and ordinances whereby the said City of Statesboro, 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 of real estate. Zoning. Section 2. The authority hereby given to the City of Statesboro, Georgia acting through its Mayor and Council or the governing authorities thereof to pass zoning and planning laws is that provided in Article 3, Section 7, Paragraph 26, of the Constitution of Georgia. Authority. Section 3. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Section 4. This Act shall become effective upon the approval thereof. Effective date. Approved March 6, 1939.

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SUGAR HILL TOWN CHARTER. No. 321. An Act to incorporate the Town of Sugar Hill in the county of Gwinnett and State of Georgia, to create a Charter and municipal government for the town of Sugar Hill 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, sidewalks, alleys, and lanes; to authorize said town to issue bonds, to construct and maintain educational facilities; to construct sewers, drains, waterworks, light and power 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 the limits of said town as hereinafter stated, be and they are hereby incorporated under the name and style of Town of Sugar Hill and by that name shall be, and are, hereby invested with the rights, powers and privileges incident of 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 Sugar Hill created by this Act. And the

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said Town of Sugar Hill 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 with the laws of the United States. And the said Town of Sugar Hill 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 or any kind or nature whatsoever, within or without the limits of said town, for corporate purposes. Corporate name and powers. Section 2. The territory of said town of Sugar Hill, Georgia shall embrace the following territory as follows: Beginning at the present city limits line of the City of Buford on the Southern Railway tracks used as a probable center, thence extending south along said railway in the direction of Atlanta, Ga. for one and one fourth (1) mile, and embracing the territory included from said railway to the new Buford and Atlanta highway on the East side of said Railway, and shall embrace the territory included for a distance of one and one fourth (1) mile from said railway on the West side of said railway. Territory. Section 3. Be it further enacted that the government of said town shall be vested in a town council composed of a mayor and five 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 November 1940, and the second Saturday every two years thereafter for Mayor and five councilmen, who shall hold their offices for two years, or until their successors are elected and qualified and should there fail to be an election held in

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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 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 taxed required of them by said corporation. Mayor and councilmen. Qualifications of voters. Section 4. Be it further enacted that all elections under the provisions of this charter shall be held under the superintendence of a justice of the peace and two freeholders or three freeholders who shall be residents of said town. Said superintendents shall be selected by the town council and shall take an oath for the due and legal impartial performance of their duties as such superintendents and shall have all the posers incident to managers of elections in this State. In case the managers shall have any reasonable doubt as to the qualifications of any voter, or should any voter be challenged, they shall administer to such voter the 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 age; that you have resided one year in this State, and for the last six months within the corporate limits of the Town of Sugar Hill and have paid all taxes legally required of you by said Town of Sugar Hill so help you God. Management of elections. 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

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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. Procedure. 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 for 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 Sugar Hill and who upon the day of the election next to be held after such registration will have resided in said Town of Sugar Hill 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 to register who is entitled to do so, 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

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the General Assembly of Georgia; that you will have resided in the Town of Sugar Hill 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 Sugar Hill until such election; and that you have paid all taxes due the Town of Sugar Hill and that you have made all returns required of you by the ordinances of said town; so help you God. Registration. 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 a person has once been legally registered as a voter in said town, no further registration by such persons shall be required, but such person shall be entitled to vote in all future elections, provided he or she shall pay all taxes due said Town of Sugar Hill 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

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of a misdemeanor and punished for same as provided in the Penal Code of Georgia. Appeal to council in contested registration. Purge. Voters list. For all elections held at any time other than the regular elections as herein provided for, such as for the issuing of bonds by the town council, and for all special elections for any purpose whatever the registration book for said town shall be opened by the city clerk 30 days before said special election for the proper registration of all persons who may be legally entitled to register and shall be closed 10 days before the day of such election, and the list of qualified voters 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 mayorelect during the sickness and the absence of the mayor pro tempore, as well as the mayor elected by the people, shall both be unable from any cause to attend to their duties, the council shall elect another mayor pro tempore, who shall thereby be clothed with all the powers, rights and duties of the mayor of the town, upon taking the usual oath. Mayor pro tem. Section 8. Be it further enacted, that in the case of the death, resignation or removal from office, or removal from town of the mayor, the mayor pro tem., shall order an election to fill 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 and 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. Vacancies.

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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. Other officers. 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 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 such 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

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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 ordinance, but their compensation shall not be increased during their terms of office. Compensation of officers. Section 13. Be it further enacted that the Mayor and Council of the Town of Sugar Hill 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 Sugar Hill in any quantity, and for fixing the rate of said licenses and terms upon which they shall be issued, and for declaring said licenses void when said terms are not complied with; provided that no such licenses shall be granted as long as the sale of such liquors is prohibited in Gwinnett County. They shall also have power to license, regulate and control ten pin alleys, billiard and pool tables, or to prohibit the establishment of such tables, and remove or abate said tables or alleys when they deem it necessary; they shall have full power and authority to license all livery stables and all automobiles, buses, trucks, buggies, hacks, wagons, carts, and drays and other conveyances kept or used for hire in said town, and fix such rules and regulations as they may deem necessary to govern any person engaged in carrying passengers in or out of said town for pay; they shall have power to provide and to care for and make all necessary repairs to cemeteries for said town, to regulate and provide for the burial of the dead therein; and may sell or convey by deed or grant to persons who may wish to purchase any vacant and unoccupied lots in said cemetery for burial purposes; shall have power to employ a sexton for same, with such

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assistance as may at any time be necessary and do whatever they may deem best to preserve, protect, and beautify said cemeteries. Regulation of liquor, trades, cemeteries, etc. Section 14. Be it further enacted that said Town of Sugar Hill by and through its town council, is hereby authorized to grant or refuse franchises to any individual firm or corporation to build, construct, own, maintain, and operate a system or systems of electric light and power, or telephone or telegraph lines and poles, or waterworks, or gas works, or sewerage systems, or any other public utility service, and any plant, machinery, and operation necessary or incidental to any of said purposes, through, over and under the streets, highways, alleys, sidewalks, or other public places in said town, and to grant or refuse any rights-of-way for any or all of said purposes, upon such terms and conditions and for such a period of time not exceeding 50 years as said town council shall deem fit and proper. Franchises. Section 15. Be it further enacted that said Town of Sugar Hill by and through its own council, shall have power and authority to condemn property for public purposes as provided by the laws of this State and in like manner shall have authority and power to condemn property without the corporate limits of said town for the following public purposes and uses, to wit: Waterworks, sewerage system, cemeteries, parks and dumping grounds for garbage, or other similar purposes, or light and power plants. Condemnation. Section 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. Health.

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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. Animals. 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. Taxes. 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. School system and tax. 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

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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. Bonds and payment thereof. Section 21. Be it further enacted that said 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 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. Abatement of nuisances. Other regulations. 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 4 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

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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 an assessment shall be allowed to vote at any election held under this charter. Commutation tax. 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 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. Control of streets. Claims due to street changes. 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 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

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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. 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 24 hours for each offense, or may imprison in default of the payment of said fine for 24 hours, in the discretion of the officer presiding. Contempt. 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 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, etc. Speed of vehicles, fire limits, and other 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 Sugar Hill. 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

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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 Sugar Hill 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 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. Levy and sale.

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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 to property levied on. 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. Section 29. Be it further enacted that all ordinances rules and regulations passed by the mayor and board of 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. Notice of ordinances, etc. 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

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said town; provided that all sums of money shall be used only for the care, keeping, use, and adornment of said cemetery. Record of receipts and disbursements. 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, 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. Appeal to council after assessment. Section 32. Be it further enacted that no person holding office under this charter shall at any time during the term of which he was elected or appointed, or while in office, be capable of contracting with such corporation for the performance of any work or the sale of anything which is to be paid for out of the treasury, nor shall any such person be capable of holding or having any interest in such contracts entered into by himself or another, directly or indirectly. Contracts of officers with municipality prohibited. 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

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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 or recorded 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. Tie vote. Veto. Be it further enacted that said town of Sugar Hill 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 Sugar Hill as and when said council may deem it necessary and proper. Control of streets, etc. Section 34. Whenever said town council, hereinafter referred to as the governing body of said Town of Sugar Hill shall deem it necessary to pave or otherwise improve any street, sidewalk, alley or other public place in said town, or any part thereof either in length or width, and said governing body shall by resolution declare such improvement necessary to be done, and publish such resolution once a week for at least three consecutive weeks in the newspaper in which the sheriff's advertisements of the county in which such municipality is located are published, and of 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;

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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. Street improvements. Publication. Protests. Petition for improvement. 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 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 of 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

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the entire cost of the improvement is to be paid by the abutting property owners. Assessment against abutting property owners. Section 36. That any railroad or street railway having tracks located in a street at the time of the proposed improvement as provided herein shall be required by the governing body to pave the width of its tracks and two feet on each side thereof, and, except as hereinafter provided, with the same material and in the manner as the rest of the street is to be paved and such work shall be performed under the supervision and subject to the approval of the city's engineer, and if such railway shall not, within a period of thirty days after receipt by such railway of the notice to do such work, agree in writing to comply with such order, or if the work is not completed to the satisfaction of the city's engineer within such time as may be prescribed by the governing body, said governing body may have such work done and charge the cost and expense thereof to such railway company located in the municipality, and said lien shall have the same rank and priority and shall be enforced in the same manner as the liens provided for herein. The governing body may, however, require such paving to be of a different material and manner of construction, when, in its judgment such is rendered necessary by the railway uses of the street. Paving by railroads. 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

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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. Improvement ordinances. 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 necesary plans, plats, profiles, specifications and such estimates. Said resolution shall set forth any and all such reasonable terms and conditions as said governing body shall deem proper to impose with reference to the letting of the contract and the provisions thereof; and said governing body shall by said resolution provide that the contractor shall execute to the city a good and sufficient bond as provided in the Act entitled Contractors of Public Work Bonded, approved August 19, 1916, and may require a bond in an amount to be stated in such 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

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general circulation in municipality, 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. Improvementsprocedure, bids, etc. 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 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 its 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

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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. 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 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 assessment be payable in installments in accordance with the provisions hereof, the same shall thereupon be and become payable in ten equal annual installments and shall bear interest at the rate of not exceeding 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. Board of appraisers. Objections to assessments. Installment payments.

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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 or other taxes 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. Assessment as lien against property. Section 41. That the said body, after the expiration of thirty days from the passage of said ordinance confirming and levying said assessment, shall by resolution provide for the issuance of bonds in the aggregate amount of such assessments remaining unpaid, bearing date not more than 30 days after the passage of the ordinance fixing the said assessment and of such denomination as the said governing body shall determine, which bond or bonds unless authority is hereafter granted and exercised for making the same a direct obligation of the municipality, 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 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

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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 at par value in payment of the amount due him on his contract, and the portion thereof which shall be necessary to pay other expenses incident to and incurred in providing for said improvements shall be sold or otherwise disposed of as the said governing body shall direct. Any proceeds from the sale of said bonds remaining in the hands of the treasurer after the payment hereinbefore provided for shall go into the treasury of the municipality as compensation for the services to be rendered by it as contemplated herein. Improvement bonds. Section 42. 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 expense 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

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of the duties imposed herein. It shall be the duty of said treasurer, not less than 30 days and not more than 50 days before the maturity of any installment of such assessments, to publish at least one time, in a newspaper having a general circulation in said municipality, a notice advising the owner of the property affected by such assessment of the date when such installment and interest will be due and designating the street or streets or other public places for the improvement of which such assessments have been levied, and that unless the same shall be promptly paid, proceedings will be taken to collect said installment and interest, or in lieu thereof to mail such notice within the time limits aforesaid to the owners of record of the property affected, at their last known address. And it shall be the duty of said treasurer promptly within 15 days after the date of the maturity of any such installment or assessment or interest, to issue an execution against the lot or tract of land assessed for such improvement or against the party or persons owning the same for the amount of such assessment of 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, 1170, 1171, and 1172 of the Code of Georgia of 1910; provided that the defendant shall have the right to file an affidavit, denying that the whole or any part of the amount for which said execution issued is due, and stating what amount so admitted to be due shall be paid and collected before the affidavit is received, and the affidavit received for the balance. All

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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. Assessment collections in special fund. Notice of due date. Executions. Levy and sale. Affidavits of illegality. Section 43. 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. Section 44. That whenever the abutting-land owners of any street of said municipality petition the governing

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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. Abutting property owned by county. Section 45. 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 the Constitution of the State of Georgia or statutes respecting the same. Zoning. Section 46. Be it further enacted that an election for mayor and council of said town shall be held on the second (2nd) Saturday in November 1940, and said persons so elected shall serve until their successors are elected and qualified on the second (2nd) Saturday in December, 1940. Election of mayor and council. Section 47. Be it further enacted that the following officers shall serve until the next election, the second Saturday in November 1940: Mayor.....Alton N. Tucker..... Councilmen-Theodore Pirkle, Butell Robinson, H. H. Green, Rocky Venable, J. B. Merceir. Officers named to serve until election. Section 48. Be it further enacted that no taxes or licenses fees in any form shall be levied until the year ending the second Saturday in November 1943. Tax free period. Section 49. 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. Approved March 24, 1939.

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SUMMERVILLE CHARTER AMENDMENTS. No. 222. An Act to amend the charter of the City of Summerville so as to provide for the announcements of candidates for office as mayor or as members of the City Council; so as to provide a registration fee to be paid by candidates; to also provide for the registration and qualification of voters of the City of Summerville; to further provide for a board of registrars to purge the list of registered voters in the City of Summerville; that Section 10 of the Act approved August 16, 1909 (Ga. L. 1909, page 1366-1380 inclusive), be stricken and a new section substituted 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. That the charter of the City of Summerville be and the same is hereby amended as follows: All candidates for office as mayor or as a member of the city council of the City of Summerville shall file with the secretary of the City of Summerville a written notice of their intentions to become candidates for such offices at least fifteen days before the date of election, said notice to be given the secretary by Noon on or before the 15th day previous to the election, which notice shall be entered upon the records of the city in a book to be kept by the secretary for said purpose, provided, however, that all candidates upon registering shall pay to the secretary of the City of Summerville the following sums: Candidates for mayor, $10.00; candidates for members of city council, $5.00; and no candidate shall be placed upon the ticket or be eligible for election unless he has registered and paid the fees herein provided. The sums received from candidates shall be deposited by the secretary of the City of Summerville and kept in a separate account to be used in defraying the expenses of the election. Candidates for mayor and council to give notice of intention. Registration fees.

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Section 2. Be it further enacted that Section 10 of the Act approved August 16, 1909 (Ga. L. 1909, pages 1366-1380, inclusive), be and the same is hereby repealed and the following inserted in lieu of said Section 10: Act of 1909 amended. Section 10. Be it further enacted by the authority aforesaid that the secretary of the City of Summerville shall keep a book of registered voters of the City of Summerville and every bona fide resident of the City of Summerville who is entitled to register and vote for members of the General Assembly shall have the right to register with the city clerk of Summerville at any time up until thirty days previous to the next election for city officers, and that after a voter has registered it shall not be necessary for him to register again unless the voter's name has been stricken from the list by the board of registrars hereinafter created. Registration of voters. Section 3. Be it further enacted by the authority aforesaid that at the first meeting in January of each year the mayor and board of aldermen shall select two freeholders who are citizens of Summerville to serve with the secretary of the city as a board of registrars. The duty of this board shall be to go over and purge the voters list of the City of Summerville twenty days before each election striking therefrom the names of all persons not legally entitled to vote in the same manner that voters lists of the counties are now revised by the boards of registrars of the counties. It shall be the duty of the board of registrars to complete their work at least ten days before the election. Board of registrars. Section 4. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 20, 1939.

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SYLVESTER LIMITS EXTENDED. No. 346. 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 extend and to enlarge the incorporate limits of the city of Sylvester; to describe the additional territory to be annexed into 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, as follows. Section 1. Be it enacted by the General Assembly of the State of Georgia, that Section 2 of 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, is hereby amended for the purpose of extending and enlarging the incorporate limits of said City of Sylvester, so that the territorial limits of the City of Sylvester shall embrace and include the following described additional territory, to wit: Beginning at a point on the original west line of lot land number 357 in the 7th land district, at which point said land lot line intersects

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with the present north incorporate limit of said City, thence running along said west lot line north one degree 15 minutes west 871.8 feet; thence running south 89 degrees east 792 feet; thence running south one degree 25 minutes west 870 feet to south boundary of Pinson Street as extended; thence running north 89 degrees west 754.5 feet to original west line of said lot number 357, the starting point. Description. Section 2. That all parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 24, 1939. SYLVESTER MAYOR'S SALARY. No. 142. 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 allow the salary of the Mayor of the City of Sylvester to be fixed by ordinance from time to time, provided such salary shall not exceed the sum of $50.00 per month; 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 sub-section (10) of Section 4, of An Act to create a new charter for the City of Sylvester, to declare the rights, powers and privileges of said corporation

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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, is hereby amended as follows: by striking therefrom the words, and is hereby fixed at $300.00 per annum to be paid $25.00 per month, and by inserting in lieu thereof the following words, fixed and provided by ordinance enacted by the Mayor and Council from time to time, with power to change the amount of such salary from time to time, provided such salary of the Mayor shall not exceed the sum of $50.00 per month. Salary of present Mayor shall not be reduced during present term. Salary of mayor. Section 2. All parts of laws in conflict herewith shall be and the same hereby are repealed. Approved March 6, 1939. THOMASVILLE CITY AUTHORITY. No. 393. An Act to amend an Act approved October 3, 1889 reincorporating the Town of Thomasville as the City of Thomasville and creating and establishing a new charter for the City of Thomasville, as variously amended, by creating for said City of Thomasville, a City Authority; to define the powers of said City Authority and prescribe its members; to authorize said City Authority to construct, reconstruct, operate and maintain selfliquidating projects embracing water works, sewage systems, disposal plants, airports and other relating facilities; to authorize the issuance of revenue bonds of the City Authority, payable solely from earnings and revenues, to pay the cost of such projects; providing for the collection and pledging of revenues and other

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charges for the sale of such bonds and for the cost of maintenance, operation and repair of the projects; to authorize the execution of trust indentures to secure the payment of such bonds and defining the rights of the holders thereof; to provide that no debt of the City of Thomasville shall be incurred in the exercise of any the powers granted by this Act and authorized by this Act; making such bonds legal investments and free of taxation, providing for condemnation by said City Authority; authorizing the issuance of revenue refunding bonds; fixing the venue or jurisdiction of actions relating to the provisions of this Act and the time within which such actions must be brought; 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 October 3, 1889, entitled An Act to re-incorporate the Town of Thomasville as the City of Thomasville; to confer additional powers on said corporation, and to codify, amend and supersede all previous Acts incorporating the Town of Thomasville, and grant a new charter to said town under the name of the City of Thomasville, and for other purposes; as variously amended, be and the same is hereby further amended as follows: Act of 1889 amended. Section 2. There is hereby created for the City of Thomasville a City Authority of the City of Thomasville, which is hereby constituted a body corporate and politic and by that name and in that style is authorized and empowered to contract and be contracted with, sue and be sued, plead and be impleaded, and complain and defend in all courts of law and equity. Said City Authority shall be and the same is hereby constituted a governmental instrumentality of the City of Thomasville and made a public corporation of the State of Georgia. The said City Authority shall consist of three (3) members to be appointed by the Mayor of the City of Thomasville,

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each of whom shall be a resident of the City of Thomasville at the time of his appointment. The original appointments shall be made in such manner that the term of one member shall expire on January 1, 1940, the term of another member shall expire on January 1, 1941, and the term of the remaining member shall expire on January 1, 1942. Their successors shall be appointed for terms of four years from the dates of expiration of their respective terms of office, except that any person appointed to fill a vacancy shall serve only for the unexpired term, and any member of the Authority shall be eligible for reappointment. Immediately after such appointments, the members of the Authority shall enter upon their duties. The Authority shall elect one of its members as Chairman and another as Vice Chairman and shall also elect a Secretary and Treasurer who may not necessarily be a member of the Authority. Two members of the Authority shall constitute a quorum. No vacancy in the Authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the Authority. The members of the Authority shall not be entitled to compensation for their services but shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The Authority shall make necessary rules and regulations for its own government. The Authority may delegate to one or more of its members, or to its officers, agents and employees such powers and duties as it may deem proper. City Authority. Members. Terms. Officers. Section 3. Definitions. As used in this Act, the following words and terms shall have the following meanings: Definitions. (a) The word Authority shall mean the City Authority created by Section 2 of this Act. (b) The word project shall be deemed to include the following revenue-producing undertakings or any combination of two or more of such undertakings, whether now existing or hereafter required or constructed:

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Systems, plants, works, instrumentalities, and properties: (i) used or useful in connection with the obtaining of a water supply and the conversation, treatment and disposal of water for public and private uses (ii) used or useful in connection with the collection, treatment and disposal of sewage, waste and storm water; together with all parts of any such undertaking and all appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, dams, reservoirs, generating stations, sewage disposal plants, intercepting sewers, trunk connecting and other sewer and water mains, filtration works, pumping stations, and equipment (iii) used or useful in connection with the construction and maintenance of airports. (c) The term cost of the project shall embrace the cost of construction, the cost of all lands, properties, rights, easements and franchises acquired, the cost of all machinery and equipment, financing charges, interest prior to and during construction, and for one year after completion of construction, cost of engineering, architectural and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expense, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense heretofore incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and shall be paid or reimbursed out of the proceeds of revenue bonds issued under the provisions of this Act for such project. (d) Any project shall be deemed self-liquidating if, in the judgment of the Authority, the revenues and earnings thereof will be sufficient to pay the cost of maintaining,

Page 1337

repairing and operating the project and to pay the principal and interest of revenue bonds which may be issued for the cost of such project. Section 4. Powers of Authority. The Authority shall have power: Powers. (1) to have a seal and alter the same at pleasure; (2) to acquire, hold and dispose of personal property for its corporation purposes; (3) to acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with and subject to the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights or easements therein or franchises necessary or convenient for its corporate purposes; and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this act, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceeding as may be just to the Authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exist, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem such lien or encumbrance in full; and if the Authority shall deem it expedient to construct or reconstruct any project on lands the title to which shall then be in the City of Thomasville, the Mayor is hereby authorized to convey, for and in behalf of the City, title to such lands to the Authority

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upon payment to the City Treasurer the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the Mayor and the Chairman of the Authority; (4) to appoint and select officers, agents and employees, including engineering, architectural and construction experts and attorneys, and fix their compensation; (5) to make contracts, and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and any and all departments or agencies of the State are hereby authorized to enter into leases or agreements with the Authority upon such terms and for such purposes as they deem advisable; (6) to construct, reconstruct, erect, acquire, own, repair, add to, remodel, maintain, extend, improve, equip, operate and manage self-liquidating projects, as hereinabove defined, to be located on property owned by the Authority, the cost of any such project to be paid solely from the proceeds of revenue bonds of the Authority or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof; (7) to accept loans and/or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, including the Reconstruction Finance Corporation, upon such terms and conditions as the United States of America or such agency or instrumentality, including the Reconstruction Finance Corporation, may impose; (8) to borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from earnings of such projects, and to provide for the payment of the same and for the rights of the holders thereof;

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(9) to exercise any power usually possessed by private corporations performing similar functions, which is in conflict with the constitution and laws of this State; and (10) to do all things necessary or convenient to carry out the powers expressly given in this Act. Section 5. Revenue Bonds. The Authority shall have power and is hereby authorized at one time or from time to time to provide by resolution for the issuance of negotiable revenue bonds of the Authority for the purpose of paying all or any part of the cost as hereinabove defined of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding six per centum per annum, payable semi-annually, shall mature at such time or times not exceeding thirty years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution provision for the issuance of the bonds. The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupons shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the Chairman of the

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Authority and the official seal of the Authority shall be affixed thereto and attested by the Secretary-Treasurer of the Authority and any coupons attached thereto shall bear the facsimile signature of the Chairman of the Authority. Any coupon may bear the facsimile signature of such person and any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such bond shall be duly authorized or hold the proper office, although at the date of such bond such persons may not have been so authorized or shall not have held such office. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments law of the State. Such bonds and the income thereof shall be exempt from all taxation within the State. The bonds may be issued in coupon or in registered form, or both, as the Authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the Authority, but no such sale shall be made at a price so low as to require the payment of interest on the money received therefor at more than six per centum per annum, computed with relation to the absolute maturity of the bonds in accordance with standard tables of bond values excluding, however, from such computation the amount of any premium to be paid on redemption of any bond prior to maturity. The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects, and shall be disbursed upon requisition or order of the Chairman of the Authority under such restrictions, if any, as the resolution authorizing the issuance of the bonds or the trust indenture hereinafter mentioned may provide. If the proceeds of such bonds, by error of calculation

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or otherwise, shall be less than the cost of the project or projects, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of such deficit, which unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into the fund hereinafter provided for the payment of principal and interest of such bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter. The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by this Act. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of paying the cost of any one or more projects. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of its members. Bonds. Tax exempt. Proceeds. Section 6. Credit of City Not Pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the City of Thomasville or a pledge of the faith and credit of the City, but such bonds shall

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be payable solely from the fund hereinafter provided therefor from earnings, and the issuance of such revenue bonds shall not directly or indirectly or contingently obligate the City to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. Neither the City nor the Authority shall be obligated to pay the principal of or the interest on such revenue bonds except from earnings of the project or projects for which they shall be issued. All such revenue bonds shall contain recitals on their face covering the foregoing provisions of this section. Bonds not debt of city. Section 7. Trust Funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues and earnings, shall be deemed to be trust funds, to be held and applied solely as provided in this Act. The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds and the earnings and revenues to be received to any officer who or any agency, bank or trust company, which shall act as trustee of such funds and shall hold and apply the same to the purpose hereof, subject to such regulations as this Act and such resolution or trust indenture may provide. Funds as trust. Section 8. Trust Indenture. In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign revenues and earnings to be received. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not

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in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insurance of the project, and the custody, safeguarding and application of all moneys, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority and satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given by contractors and by any depositary of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the law of this State to Act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indenture securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project or projects affected by such indenture. Trust indenture. Protection to bondholders. Section 9. Revenues and Earnings. The authority is hereby authorized to fix and to revise from time to time fees, rentals and other charges for the use of each project and for the services and facilities furnished by the same and to charge and collect the same and to lease and to make contracts with any agency or Department of the State with respect to the use of any project or part thereof.

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Such rentals and other charges shall be so fixed and adjusted in respect of the aggregate thereof from the project or projects for which a single issue of revenue bonds is issued, as to provide a fund sufficient with other revenues of such project or projects, if any, to pay (a) the cost of maintaining, repairing and operating the project or projects, including reserves for extraordinary repairs and insurance, and other reserves required by the resolution or trust indenture, unless such cost shall be otherwise provided for, which cost shall be deemed to include the expenses incurred by the Authority on account of the project or projects for water, light, sewer and other services furnished by other facilities at such institution, and (b) the principal of the revenue bonds and the interest thereon as the same shall become due. The revenues and earnings derived from the project or projects for which a single issue of bonds is issued, except such part thereof as may be required to pay the cost of maintaining, repairing and operating the project or projects, and to provide such reserves therefor as may be provided for in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, shall be set aside at such regular intervals as may be provided in such resolution or such trust indenture in a sinking fund which is hereby pledged to, and charged with the payment of, (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Service charges. Application of revenue.

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Subject to the provisions of the resolution authorizing the issuance of the revenue bonds or of the trust indenture, any moneys in such sinking fund in excess of an amount equal to one year's interest on all revenue bonds then outstanding may be applied to the purchase or redemption of bonds. All revenue bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued. Excess funds. It shall be the duty of the Authority to prescribe rules and regulations for the operation of each project constructed under the provisions of this Act, including rules and regulations to insure maximum occupancy of each such project, and to impose rentals and other charges for the use of the facilities furnished by each project and to collect the same from all persons served thereby or from those responsible for their support or their guardians, trustees, or other legal representatives. Rules of operation of projects. Section 10. Remedies. Any holder of revenue bonds issued under the provisions of this Act, or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the authority, or any officer thereof, including the fixing, charging, and collecting of revenues and other charges for the use of the project or projects. But no holder of any such bond shall have the right to compel any exercise of the taxing power of the City to pay any such bond or the interest thereon, or to enforce the payment thereof against any property of the City, nor shall any such bond constitute a charge,

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lien or encumbrance, legal or equitable, upon any property of the City of Thomasville. Remedies of bondholders. In addition to the remedies afforded by this Section and otherwise by this Act, the holder of any such bonds shall be entitled to and may pursue all of the remedies afforded to holders of revenue certificates issued pursuant to the Act of the General Assembly of Georgia, approved March 31, 1937, and known as the Revenue Certificate Law. Section 11. Contributions. The Authority, in addition to the moneys which may be received from the sale of revenue bonds and from the collection of revenues and earnings derived under the provisions of this Act, shall have authority to accept from any Federal agency grants for or in aid of the construction of any project or for the payment of bonds, and to receive and accept contributions from any source of either money or property or other things of value to be held, used and applied only for the purposes for which such grants or contributions may be made. Grants and contributions. Section 12. Revenue Refunding Bonds. The authority is hereby authorized to provide by resolution for the issue of revenue refunding bonds of the Authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details, thereof, the rights of the holder thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act in so far as the same may be applicable. Refunding. Section 13. Legal Investment and Security for Deposits. The bonds are hereby made securities in which all public offices and bodies of this State and all municipalities and all municipal subdivisions, all insurance companies and

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associations and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks and savings associations, including savings and loan associations, building and loan associations, investment companies and other persons carrying on a banking business, all administrators, guardians, executors, trustees and other fiduciaries and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the State may properly and legally invest funds including capital in their control or belonging to them. The bonds are also hereby made securities which may be deposited with and shall be received by all public officers and bodies of this State and all municipalities and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of this State is now or may hereafter be authorized. Legal investment and deposit. Section 14. Governmental Functions. It is hereby found, determined and declared that the creation of the Authority and the carrying out of its corporate purpose is in all respects for the benefit of the people of the City of Thomasville and is a public purpose and that the Authority will be performing an essential governmental function in the exercise of the power conferred upon it by this Act and the City of Thomasville covenants with the holders of the bonds that the Authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession or supervision or upon its activities in the operation or maintenance of the buildings erected or acquired by it or any fees, rentals or other charges for the use of such buildings or other income received by the Authority and that the bonds of the Authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the said City of Thomasville. Nature of Authority.

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Section 15. Validation of Revenue Bonds. All revenue bonds issued under this Act shall be validated in the Superior Court in the manner hereinafter set forth. Method of validating bonds. Section 16. Notice to Solicitor-General or Attorney-General. When the City Authority, hereby created, desires to issue revenue bonds under the provisions of this Act, the Chairman and Secretary of the Authority shall within six months after the passage of the resolution authorizing such bonds notify the Solicitor-General of the Southern Judicial Circuit, in writing, of the fact that such resolution has been passed by the governing body and of the intention of said Authority to issue said bonds. The service of notice shall be personal upon the Solicitor-General and shall be accompanied by a certified copy of the resolution of the City Authority authorizing the bonds. In the event the Solicitor-General is absent from the circuit the notice shall be served in person upon the Attorney-General. Section 17. Duty of Attorney-General or Solicitor-General to file petition: Order of Court: Answer. Within twenty days from the date of service of notice, provided for in the preceding section, the Solicitor-General, or the Attorney-General, as the case may be, shall prepare and file in the office of the clerk of the Superior Court of Thomas county a petition directed to the Superior Court of said County in the name of the State and against the City Authority, setting forth service of such notice, the amount of bonds to be issued, for what purpose to be issued, what interest they are to bear, how much principal and interest is to be paid annually, when to be paid in full and the security to be pledged to the payment of said bonds; and shall obtain from the Judge of said court an order requiring the City Authority by its proper officers to show cause at such time and place either in term or chambers within twenty days from the filing of the petition, as the Judge may direct, why the

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bonds and the security for the payment thereof should not be confirmed and validated; which petition and order shall be served in the manner now provided by law for service of petitions upon counties, municipalities or political subdivisions; and to such petition the City Authority shall make sworn answer within the prescribed herein. Section 18. Notice of Hearing. Prior to the hearing of said cause, the clerk of Superior Court of Thomas County shall publish in a newspaper at least twice before the hearing, a notice to the public that on the day specified in the order providing for the hearing of said cause that same will be heard. Section 19. Trial of Case: Parties: Judgment, Bill of Exceptions. Within the time prescribed in the order, the judge of the said Superior Court shall proceed to hear and determine all the questions of law and of fact in said cause, and shall render judgment thereon, and in the event his judgment shall be in favor of the issuance of said bonds, a judgment and order shall be entered to that effect, and any citizen of this State, resident of the City of Thomasville, may become a party to said proceedings, and if dissatisfied with the judgment of the court confirming and validating the issuance of the bonds, and the security therefor, may except thereto within twenty days from thejudgment, as in the case of injunctions, and upon the hearing in the Supreme Court such bill of exceptions shall be heard in accordance with the practice regulating the hearing of bills of exceptions in [Illegible Text] cases. Section 20. Judgment Validating Forever Conclusive. In the event no bill of exceptions shall be filed within the time prescribed herein, or if filed the judgment shall be affirmed by the Supreme Court, the judgment of the Superior Court, so confirming and validating the issuance of said bonds and the security therefor, shall be

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forever conclusive upon the validity of said bonds and the security therefor against the City Authority and all persons whomsoever. Judgment conclusive. Section 21. How Bonds shall be Stamped. Bonds, when issued under the provision of this Act shall have stamped or written thereon, by the proper officers of the City Authority issuing the same, or their agents or servants, the words: Validated and confirmed by judgment of the Superior Court, specifying also the date when such judgment was rendered, and the court in which it was rendered, which shall be signed by the Clerk of the Superior Court in which the judgment was rendered, such entry shall be original evidence of the fact of such judgment and shall be received as original evidence in any court in this State. Stamping bonds. Section 22. Costs and Fee of Solicitor-General, By Whom Paid. The cost of said case shall be paid in any event by the City Authority, and in addition to costs it shall also pay the Solicitor-General the sum of twenty-five ($25.00) dollars for his entire services in such case. Costs. Section 23. Failure of Solicitor-General or Attorney-General to File Proceedings: Order of Court. In the event the Solicitor-General or the Attorney-General shall fail or refuse to present said petition within the time provided by this Act, it shall be competent for the City Authority to present such facts in writing to the Court, and to represent further that such failure has been without fault on the part of the City Authority. In such case it shall be the duty of the court, and he shall have power and authority to inquire into the facts and, upon being satisfied that such failure has not arisen from any fault or neglect on the part of such City Authority, to pass an order authorizing and directing the Solicitor-General or Attorney-General, as the case may be, to proceed within ten days to file the petition authorized by this Act, and thereafter the proceedings shall be heard in the same

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manner as would have been followed had such petition been duly and promptly filed in the first instance. Compulsory proceedings. Where proceedings are had as provided in this section and a judgment validating such bonds and the security therefor is entered, the same shall be held and deemed to be as fully and completely validated to all intents and purposes as though the proceedings had been originally taken as provided in this Act, and in such event the judgment of validation shall be finally and completely conclusive in like manner as provided by Section 20 of this Act. Section 24. Powers not Impaired. While any of the bonds issued by the authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, and no other entity, departments, agency or authority will be created which will compete with the Authority to such an extent as to affect adversely the interests and rights of the holders of such bonds, nor will the City of Thomasville itself so compete with the Authority. The provisions of this Act shall be for the benefit of the City of Thomasville, the authority and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. Interests of bondholders to be protected. Section 25. Act Liberally Construed. This Act, being necessary for the welfare of a subdivision of the State and its inhabitants, shall be liberally construed to effect the purposes hereof. Section 26. Constitutional Construction. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.

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Section 27. Alternative Method. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing. Laws of force. Section 28. Repealing Clause. All laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved March 24, 1939. THOMSON STREET TAXREFERENDUM. No. 114. An Act to amend an Act approved August 19, 1927, as published in the Georgia Laws of 1927 on pages 1631 through 1672, inclusive, which said act is entitled An Act to amend the original Act incorporating the Town of Thomson, in McDuffie, and all the Acts amending said original Act, including the Acts approved December 13th, 1900, and August 14th, 1917, and including the Act incorporating the City of Thomson in lieu of the Town of Thomson, approved July 27, 1920; to amend, alter, and enlarge, and, so far as any of said Acts may be in conflict herewith, to supersede all of said several Acts, and to create a new charter for the City of Thomson; to provide for the election, qualifications, terms of office, salaries and payment of same, of all officers of said City of Thomson, including a city clerk and recorder; to provide for elections to fill all offices, prescribe who may vote, and under what conditions; to fix the duties of all officers and employees; to provide for the creating of a recorder's court and for the trial and disposition of all cases therein, and provide for fines and other punishment that may be imposed therein; to provide the manner of executing its

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sentences, and the disposition of all fines and forfeitures arising therein; to provide for the laying out, opening, and construction of new streets, alleys, driveways, and other public grounds, the widening and otherwise improving of established streets, alleys, driveways, and other public grounds, including the pavement of such streets, alleys, driveways, and other public grounds, opened and to be opened, and to provide how, in what manner, and after what notice same may be done; to provide for the issuance of bonds for public improvements, especially for the purpose of paving streets, alleys, driveways, and other public grounds; and for the purpose of establishing, equipping, enlarging and maintaining systems of waterworks, sewerage, and electric lights; to provide for bond elections for such public improvements, the manner of holding same, and the method of determining when or whether such bonds shall be issued and sold, how and by whom the money arising from the sale of such bonds shall be disbursed; to authorize the payment of principal and interest on such bonds, and to levy and collect a tax for that purpose; to provide for the enlargement of the powers of said corporate authorities, and for the enlargement of the charter privileges incidental to the good government of the City of Thomson, not in conflict with other laws; and for other purposes; by striking therefrom Section 44 in its entirety, which said Section 44 authorizes the collection of street tax by the Mayor and Council of the City of Thomson, and substituting a new section prohibiting the collection of street tax, or any tax in lieu of street tax, and for other purposes. Be it enacted by the General Assembly of Georgia, as follows: Section 1. An Act approved August 19, 1927, as published in the Georgia Laws of 1927 on pages 1631 through 1672, inclusive, which said Act is entitled An Act to

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amend the original Act incorporating the Town of Thomson, in McDuffie, and all the Acts amending said original Act, including the Acts approved December 13th, 1900, and August 14th, 1917, and including the Act incorporating the City of Thomson in lieu of the Town of Thomson, approved July 27, 1920; to amend, alter, and enlarge, and, so far as any of said Acts may be in conflict herewith, to supersede all of said several Acts, and to create a new charter for the City of Thomson; to provide for the election, qualifications, term of office, salaries and payment of same, of all officers of said City of Thomson, including a city clerk, and recorder; to provide for elections to fill all offices, prescribe who may vote, and under what conditions; to fix the duties of all officers and employees; to provide for the creating of a recorder's court and for the trial and disposition of all cases therein, and provide for fines and other punishment that may be imposed therein; to provide the manner of executing its sentences, and the disposition of all fines and forfeitures arising therein; to provide for the laying out, opening and construction of new streets, alleys, driveways, and other public grounds, the widening and otherwise improving of established streets, alleys, driveways, and other public grounds, including the pavement of such streets, alleys, driveways, and other public grounds, opened and to be opened, and to provide how, in what manner, and after what notice same may be done; to provide for the issuance of bonds for public improvements, especially for the purpose of paving streets, alleys, driveways, and other public grounds; and for the purpose of establishing, equipping, enlarging and maintaining systems of waterworks, sewerage, and electric lights; to provide for bond elections for such public improvements, the manner of holding same, and the method of determining when or whether such bonds shall be issued and sold, how and by whom the money arising from the sale of such bonds shall be disbursed; to authorize

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the payment of principal and interest on such bonds, and to levy and collect a tax for that purpose; to provide for the enlargement of the powers of said corporate authorities, and for the enlargement of the charter privileges incidental to the good government of the City of Thomson, not in conflict with other laws; for other purposes, be and the same is hereby amended, in the way and manner set forth in the following sections. Act of 1927 amended. Section 2. That Section 44 of said Act, as published on page 1652 of said Georgia Laws of 1927, which said Section 44 relates to the collection of street tax by the authority of the City of Thomson, be stricken in its entirety. Sec. 44 stricken. Section 3. That in lieu of Section 44, which is stricken by this Act, a new section be inserted, to read as follows: Section 44. The City of Thomson shall have no authority or right to collect any street tax, poll tax, commutation tax, or other tax in lieu of street tax, poll tax, or commutation tax, from any citizen of the City of Thomson. The City of Thomson likewise shall have no authority to require any of its citizens to work on the streets, sidewalks, alleys, roads, thoroughfares, or otherwise do public work in lieu of the payment of any such street tax, poll tax, commutation tax, or other tax. The City of Thomson shall likewise have no authority to enforce any penalty against any of its citizens for failure to pay street tax, poll tax, or any commutation tax. New section. Street tax, poll tax, and commutation tax prohibited. Section 4. Upon passage of this Act the charter of the City of Thomson shall be amended as herein provided, and no street tax shall be collected thereafter by the City of Thomson or under its authority, unless a referendum shall be held and enforced as to said amendment, in the City of Thomson, in the way and manner prescribed in the sections hereinafter set out, which referendum is hereby authorized, and unless a majority of those voting in said election vote in favor of continuing collection of street tax.

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Section 5. The Mayor and Council of the City of Thomson are hereby authorized to call an election in the City of Thomson to determine the question of whether street tax shall be collected or abolished. Referendum. Section 6. The Mayor and Council of the City of Thomson shall cause to be published in the McDuffie Progress for four weeks, during April, 1939, the following notice, to wit: Notice of Election to decide whether street tax shall be collected or not. Notice. Notice is hereby given the qualified voters of the City of Thomson that pursuant to the terms of a special law enacted at the regular session of the General Assembly of Georgia in 1939, and election will be held at the City Hall in the City of Thomson on the 3rd day of May, 1939, to determine whether the City of Thomson shall continue to collect street tax or not. Under the present system, street tax is due on May 1st, and every male citizen between the ages of 21 and 50 will be expected to pay Three Dollars ($3.00) to the city officials between May 1st and May 10th, unless a majority of those voting cast their ballots in this special election against further collection of street tax. Polls will open at 8 A. M. and close at 7 P. M. It is the purpose and intent of this Section to permit only those persons to vote in said election who were qualified to vote in the general election for Mayor and Council of the City of Thomson on January 9, 1939. This 1st day of April, 1939. Mayor and Council City of Thomson. Section 7. The election shall be conducted by the mayor and councilmen, and none of them shall be allowed to solicit votes for or against the issue while so conducting the election. Management.

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Section 8. The polls shall open at 8 A. M., on the 3rd day of May, 1939, and close at 7:00 P. M., on said date. Voting hours. Section 9. The ballots shall have printed thereon, the following: Ballots. Stub Number..... Voter's name:..... Special Election to Decide Whether Street Tax shall be collected in City of Thomson 3rd day of May, 1939. ..... Ballot No...... (Instructions to Voter) If you wish to vote in favor of collecting street tax, strike or mark through the words Against Street Tax If you wish to vote against collecting street tax, strike or mark through the words For Street Tax. FOR STREET TAX AGAINST STREET TAX ..... Section 10. The words For Street Tax and the words Against Street Tax shall be printed in much larger type than the other words on said ballot. Section 11. In counting the ballots, if a majority of those who vote in said election cast their ballots by striking or marking through the words For Street Tax and leaving on their ballots the words Against Street Tax, then no street tax shall be collected, and the amendment to the charter as provided in this Act shall be made permanent. If a majority of those who vote in said election cast

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their ballots by striking or marking through the words Against Street tax and by leaving on their ballots the words For Street Tax, then street tax shall be collected, and the provisions of this Act shall not become effective as an amendment to the charter of the City of Thomson. Results of election. Section 12. Every word, line, sentence, part, provision and clause of this Act is declared to be separable, and should any word, line, sentence, part, clause, or provision be declared unconstitutional or invalid for any reason, the other parts shall not be thereby affected. Section 12 A. It is the purpose and intent of this Act that if the Mayor and Council of the City of Thomson do not elect to hold an election as herein provided, then street tax shall be abolished in the City of Thomson; or if an election is held as herein provided and a majority of those voting in such election vote against collection of street tax, then street tax shall be abolished in the City of Thomson. Intent of Act. Section 13. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 3, 1939. THOMSON STREET TAX ABOLISHED. No. 115. An Act to amend an Act approved December 13, 1900, as published in Georgia Laws 1900 on pages 455 through 466, inclusive, which said Act is entitled An Act to amend, consolidate and supersede the several Acts incorporating the town of Thomson in the county of McDuffie; to confer additional power upon the corporate authorities thereof and otherwise amend the charter of said town, and to provide a new charter for same; to authorize the authorities of said town to establish and maintain a system of water-works and

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electric lights in said town; to provide revenue for the maintenance of same; to authorize the issuing of bonds of said town by the mayor and council; to extend the corporate limits of said town; and for other purposes; by striking therefrom Section 29 in its entirety, which said Section 29 authorizes the collection of street tax by the Mayor and Council of the City of Thomson, and substituting a new section prohibiting the collection of street tax, or any tax in lieu of street tax, and for other purposes. Be it enacted by the General Assembly of Georgia, as follows: Section 1. An Act approved December 13, 1900, as published in Georgia Laws 1900 on pages 455 through 466, inclusive, which said Act is entitled An Act to amend, consolidate and supersede the several Acts incorporating the town of Thomson in the county of McDuffie; to confer additional power upon the corporate authorities thereof and otherwise amend the charter of said town, and to provide a new charter for same; to authorize the authorities of said town to establish and maintain a system of water-works and electric lights in said town; to provide revenue for the maintenance of same; to authorize the issuing of bonds of said town by the mayor and council; to extend the corporate limits of said town, and for other purposes, be and the same is hereby amended, in the way and manner set forth in the following sections. Act of 1900 amended. Section 2. That Section 29 (XXIX.) of said Act, as published on page 464 of said Georgia Laws 1900, which said Section 29 (XXIX.) relates to the collection of street tax by the authority of the Town of Thomson, be stricken in its entirety. Sec. 29 stricken. Section 3. That in lieu of Section 29 (XXIX.) which is stricken by this Act, a new section be inserted, to read as follows: New section.

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Section XXIX. The Town of Thomson shall have no authority or right to collect any street tax, poll tax, commutation tax, or other tax in lieu of street tax, poll tax, or commutation tax, from any citizen of the Town of Thomson. The Town of Thomson likewise shall have no authority to require any of its citizens to work on the streets, sidewalks, alleys, roads, thoroughfares, or otherwise do public work in lieu of the payment of any such street tax, poll tax, or commutation tax, or other tax. The Town of Thomson shall likewise have no authority to enforce any penalty against any of its citizens for failure to pay street tax, poll tax, or any commutation tax. Street tax, poll tax, or commutation tax prohibited. Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 3, 1939. TIFTON LIMITS EXTENDED. No. 100. An Act to amend an Act, approved August 14, 1920, creating and establishing a new charter and municipal government for the City of Tifton, and the several Acts amendatory thereof, so as to change, enlarge, and extend the corporate limits of the City of Tifton, in the County of Tift by incorporation of additional and contiguous territory therein, to-wit: That territory and area of land lying to the north of the present city limits of said city described in detail as follows: Beginning at the present northeast corner of the corporate limit of the City of Tifton and run thence due north a distance of 2645 feet; thence west 2 degrees 23 minutes south to the east right of way of the Georgia, Southern and Florida Railway Company; thence east along the said railroad right of way to the intersection of

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said right of way line to the present north city limit line of said city, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is enacted by authority aforesaid that an Act approved August 14, 1920, creating and establishing a new charter and municipal government for the City of Tifton, and County of Tift, 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 Tifton, by including therein the following additional and contiguous territory immediately to the north of the present City Limit line, and more particularly described as follows: Beginning at the present northeast corner of the Corporate limit of the City of Tifton and run thence due north a distance of 2645 feet; thence west 2 degrees 23 minutes south to the east right of way of the Georgia Southern and Florida Railway Company; thence east along the said Railroad Right of way to the intersection of said Right of way line to the present north City Limit Line of said City of Tifton. Description. Section 2. Be it further enacted by the authority aforesaid, that the said territory hereinabove described, the residents thereof and the property therein shall become a part of the City of Tifton when this Act goes into effect, and such territory, residents, and property shall become subject to all of the laws and ordinances governing said City of Tifton, at all times, to the same extent as the territory, residents and property of said City of Tifton are subject. Extension of powers. Section 3. Be it further enacted by the authority aforesaid that this Act shall become effective on the first (1st) day of January, 1940. Effective date.

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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 March 1, 1939. TIFTON SEWERAGE AND WATERWORKS SYSTEMS. No. 6. An Act to amend the charter of the City of Tifton, approved August 14, 1920, and all Acts amendatory thereof; to authorize the said city to construct, maintain and operate a sewage disposal plant and sewerage system, and waterworks system outside the incorporated limits of said city; to authorize and ratify the issuance of bonds by the said city for such purpose; to provide that the said city may furnish sewage and waste disposal services and water facilities to persons both within and without its limits; to provide that the said city may make contracts with persons, firms or corporations, within or without the said city, whereby the said city shall agree to furnish such services over a period of years, which such contracts shall be valid and binding throughout the terms thereof as to the matters contained in such contracts; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act of the General Assembly, approved August 14, 1920 establishing a new charter for the City of Tifton, and all Acts amendatory thereof be and they are hereby amended by adding to the said charter the following provisions: Act of 1920 amended. Section 2. Be it further enacted that the City of Tifton shall be authorized to construct, maintain and

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operate a sewage disposal plant and waterworks system outside the incorporated limits of said city and to acquire by purchase land upon which to locate such plant. As to any such property so acquired, the city shall have jurisdiction by ordinance to legislate for the protection of such property and for the general welfare of any persons who may be situated thereon and to exercise a general police jurisdiction over such property. The said plant may be sufficient to meet the needs of the inhabitants of said city and any reasonable future need and also to meet the needs of persons, firms or corporations outside of the said city within a reasonable distance thereof, it being hereby declared to be essential to the health and general welfare of the inhabitants of the said city to provide an efficient sewage disposal plant and waterworks system to service the needs of persons both within and without the said city. Operation outside of city limits. Section 3. Be it further enacted that the city shall have full power and authority to issue bonds of said city in such sums and at such times as shall seem proper within the limits provided by the constitution and laws of this State, and of such denominations and in such amounts as they see fit, such bonds not to bear interest in excess of five (5) per cent. per annum and not to run for a period longer than thirty (30) years from date of issuance but may bear a less rate of interest and run for a shorter period from their date of issue in the discretion of the City Commission of said city, said bonds may be issued, hypothecated and sold for the purpose of acquiring land on which to build such sewage disposal plant and for the purpose of constructing such plant as is herein provided, and for the extension of its waterworks system, said bonds shall be signed by the chairman of the Board of Commissioners of the City of Tifton and shall be negotiated in such manner and countersigned by the clerk under the corporate seal of the City of Tifton as the City Commission may determine to be for the

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best interest of the city; provided, however, the said bonds shall not be issued until the same shall have been submitted to the qualified voters of said city at an election to be held for that purpose under and in conformity with the general laws of this State. Provided further that any bonds which may have been previously issued for such purpose and formalities as to which, as provided by law, have been complied with, are hereby ratified to the same extent as if the authority herein contained had been granted prior to the issuance of such bonds. Bonds. Section 4. Be it further enacted that the said city is authorized, through its proper officers to contract with persons, firms and corporations, both within and without the city limits for the furnishing by the city service for the disposal of sewage and industrial waste as well as of its water supply, and such contracts may fix the amounts to be charged by the city for such services. The said contracts may be made for a period not to exceed thirty (30) years and shall be binding when so made upon subsequent governing bodies of the said city and shall be binding upon both parties to such contracts for the periods of times therein set out. Service within and without city limits. Section 5. Be it further enacted that there may be incorporated into such contracts such provisions concerning the subject matter thereof as shall be deemed by the city, acting through its said City Commission, to be for the best interest of the said city. Terms of contracts. Section 6. Be it further enacted that the said city is authorized to construct, maintain and operate any and all watermains, sewers, pipes and connections which it may deem necessary or advisable through and over the streets of said city and elsewhere for the purposes herein set forth, and shall have the power of eminent domain, both within and without the said city, for the construction, maintenance and operation of said plant and for

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the laying, maintenance and operation of any such watermains, sewers, pipes and connections. Pipes, connections, etc. Section 7. Be it further enacted that in the construction, operation and maintenance of said sewage disposal plant, water supply plant and sewers, pipes and connections, said city shall be exercising a governmental function with all the rights, powers, privileges and immunities possessed by municipalities when operating such governmental functions. Nature of undertakings. Section 8. Be it further enacted that all laws and parts of laws in conflict with this Act be and they are hereby repealed. Approved February 3, 1939. TUNNEL HILL CHARTER REPEALEDREFERENDUM. No. 354. An Act to repeal an Act incorporating the Town of Tunnel Hill in Whitfield County, Georgia, approved March 4, 1856, and all Acts amendatory thereto; to provide for a referendum approving the repeal of the Charter of the Town of Tunnel Hill, as aforesaid; and for other purposes. Section 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 March 4, 1856, incorporating the Town of Tunnel Hill in Whitfield County, Georgia, be, and the same is hereby repealed, and all amendments thereto, provided the repeal of such Act is approved by a majority of the registered, qualified property owners of such Town at a referendum as herein provided in Section 2 of this Act. Act of 1856 repealed.

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Section 2. Upon the presentation of a petition to the Mayor and Council of the Town of Tunnel Hill, signed by 35% of the registered, qualified, property owners of said Town, the Mayor and Council shall call an election to be held within thirty days, at which election there shall be submitted to the registered, qualified property owners the question of repealing the Act incorporating the Town of Tunnel Hill. The ballot shall be marked as follows: Referendum. For repeal of the Act incorporating the Town of Tunnel Hill against repeal of the Act incorporating the Town of Tunnel Hill. If a majority of the registered, qualified property owners shall vote in favor of the Act, the same shall be certified by the Mayor and Council to the Ordinary of said County, who in turn shall certify such fact to the Secretary of State, and the Act incorporating said Town shall be repealed. Should a majority of the registered, qualified property owners vote against repeal of the Act incorporating the Town of Tunnel Hill, no further referendum can be held under this Act. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1939. TYBEE CHARTER AMENDMENTS. No. 322. An Act to revise, alter and amend the several Acts incorporating the Mayor and Councilmen of the Town of Tybee, now known under the Act of the General Assembly approved August 1, 1929, as Savannah Beach, Tybee Island; to define the qualifications of electors thereof; to define the qualifications for Councilmen and Mayor of said Town; to provide for an

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election for Mayor and Councilmen of said Town to be held on May 1st, 1939; and to provide for a permanent registration for the voters of said Town, to provide for Primary Elections, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Act of the General Assembly of the State of Georgia, approved August 19, 1922, entitled An Act to amend, revise, and consolidate the several Acts granting corporate authority to the Town of Tybee; to confer additional powers on the Mayor and Councilmen of the Town of Tybee; to define the corporate limits of said Town, and for other purposes, be and the same is hereby amended by striking from said Act Section 8 thereof and enacting in lieu thereof the following to be known as Section 8 of said Act: Act of 1922 amended. Section 8. Be it further enacted that the following persons shall be qualified and entitled to vote for Mayor and Councilmen of the Town of Tybee at elections held for that purpose: persons who shall be 21 years old, or upwards, shall own in his own name and right a lot or parcel of land in said Town, the deed to which has been recorded in the office of the Clerk of the Superior Court of Chatham County, Georgia, at least sixty days prior to said election, shall be a citizen of the United States, and shall have been a resident of the State of Georgia one year next preceding said election, and shall have been a bona fide resident and domiciled in the County of Chatham six months next preceding said election, and shall have paid all poll taxes that he or she may have had an opportunity of paying agreeably to law; and in addition thereto, persons who shall be 21 years old, or upwards, who shall be a citizen of the United States and shall have resided in this State one year next preceding the election and shall have been a bona fide resident and domiciled within the corporate limits of the Town of

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Savannah Beach, Tybee Island, six months next preceding the election, and shall have paid all poll taxes that he or she may have had an opportunity of paying agreeably to law. Qualified voters. Section 2. Be it further enacted that, hereafter in all elections for Mayor and Councilmen of said Town of Savannah Beach, Tybee Island, three of the Councilmen elected shall be bona fide residents and domiciled within the corporate limits of the Town of Savannah Beach, Tybee Island, and qualified as voters thereof; and that three of the Councilmen elected shall be bona fide residents and domiciled in Chatham County, outside of the corporate limits of the Town of Savannah Beach, Tybee Island, and shall own property at Savannah Beach, Tybee Island, and shall be qualified voters thereof. All of the Councilmen elected shall also have the qualifications prescribed by Section 2 of the Act of March 30, 1937, amending the Charter of said Town. Anyone who is a qualified voter of Savannah Beach, Tybee Island, may be elected Mayor thereof, provided that he is qualified as prescribed by Section 2 of the said Act of March 30, 1937. Should a vacancy occur in the office of Mayor by death, resignation or any other cause, such vacancy shall be filled by a majority vote of said Councilmen. Should a vacancy or vacancies occur in the office of Councilmen by death, resignation or any other cause, such vacancy or vacancies shall be filled by a majority vote of said Council, provided that the Councilman elected shall be registered in the same class of electors as that of his predecessor. Eligibility of mayor and councilmen. Section 3. Be it further enacted by the authority aforesaid that Section 4 of the Act of the General Assembly of the State of Georgia, approved August 19, 1922, as aforesaid, be and the same is hereby repealed. Sec. 4 of Act of 1922 repealed. Section 4. Be it further enacted that in view of the fact that a lawful election for Mayor and Councilmen of the Town of Savannah Beach, Tybee Island, was not held

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on the first Monday in April 1938, which was the time appointed for the holding of an election for Mayor and Councilmen of said Town, and the Mayor and Councilmen who were duly elected at the election held on the preceding first Monday in April 1936 are holding over until their successors are elected and qualified, an election for Mayor and Councilmen of said Town shall be held on the 1st day of May 1939; and the Mayor and Councilmen of said Town who are holding over shall conduct the election in the manner set forth in the said Act of August 19, 1922; and the Mayor and Councilmen elected at this election shall hold office until the first Monday in April 1940 and until their successors are duly elected and qualified. It being made to appear that the election for Mayor and Councilmen of said Town which was held on the first Monday in April 1938 has been adjudged to be an unlawful election, and that the Mayor and Councilmen then elected have been ousted from office, and it being made to appear that at a subsequent election held by the Town of Savannah Beach, Tybee Island, on the 11th day of July, 1938, to determine the question whether bonds should be issued, it being doubtful as to who were the qualified electors of said Town at said bond election, two registration lists were used at said election, one being the registered voters of said Town who owned a lot or parcel of land in said Town and were qualified to vote under the eighth section of the aforesaid Act approved August 19, 1922, and another list of persons who were bona fide residents of and domiciled in the corporate limits of the Town of Savannah Beach, Tybee Island, irrespective of whether they own property in said Town or not, it is hereby enacted that the two registration lists used at said bond election shall be consolidated and the consolidated list is hereby made the registration list for the election of Mayor and Councilmen to be held hereunder on the 1st day of May 1939, and that all persons registered in consolidated list, and none others, shall be qualified to vote at said election. Special election. Registration list.

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Section 5. Be it further enacted that Section 9 of the Act of the General Assembly of the State of Georgia, approved August 19th, 1922, as aforesaid, be and the same is hereby repealed. Sec. 9 of Act of 1922 repealed. Section 6. Be it further enacted that the consolidated list of voters as above prescribed shall be and become a permanent registration of the voters for Mayor and Councilmen of the Town of Savannah Beach, Tybee Island, and that persons who are qualified as voters of said Town who are not included on said permanent list may hereafter register and have their names added to said list during the time which the Clerk of Council shall open the registration list of voters at the Town Hall in Savannah Beach, Tybee Island 90 days prior to the first Monday in March of each year in which an election is held; which list shall be kept open from 10 o'clock a. m. until 5 o'clock p. m. each and every day, Sundays and legal holidays excepted, until 45 days prior to the first Monday in March in the year in which an election is held when said list will be finally closed. Provided, however, that during the last 15 days, Sundays and legal holidays excepted of the above period, the Clerk of Council shall keep said list open in a place designated by the Mayor and Councilmen of the Town of Savannah Beach, Tybee Island, in the City of Savannah, Georgia, from 10 a. m. until 5 p. m. on each day in order that the duly qualified electors residing in Chatham County will have an opportunity to register in the City of Savannah instead of at Savannah Beach, Tybee Island. It shall be the duty of the Clerk of Council of said Town of Savannah Beach, Tybee Island, to submit the permanent registration list of voters and/or electors of said Town to the Board of Registrars of Chatham County, Georgia, 30 days prior to the first Monday in March of each year in which an election is held for the purpose of having said registration list purged by the said Board of Registrars of Chatham County and for the purpose of having removed from such registration list

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the names of all persons who may have become disqualified to vote. It shall be the duty of said Board of Registrars of Chatham County to purge said list when so submitted to them by the Clerk of Council and to remove therefrom the names of all voters and/or electors who are not qualified to vote in the election for Mayor and Councilmen of the Town of Savannah Beach, Tybee Island and to return such list of voters duly approved by the said Board to the Clerk of Council at least ten days prior to the holding of any election provided for under the terms of this Act. Such approved list of the registered and qualified electors and/or voters of the Town of Savannah Beach shall be the list of electors and/or voters eligible to vote in the next succeeding election to be held for Mayor and Councilmen of Savannah Beach. For such service the Board of Registrars of Chatham County shall receive the sum of Fifteen Dollars, to be paid out of the Treasury of the Town of Savannah Beach, Tybee Island. Permanent registration list. Board of registrars. Section 7. Be it further enacted by the authority aforesaid that the Act of the General Assembly of the State of Georgia, approved August 19th, 1922, as aforesaid, be and the same is hereby amended by adding to Section 10 of said Act a paragraph known as Section 10A which shall read as follows: Section 10A: That it shall be the duty of the Clerk of Council, upon application in person of any person entitled to register, as aforesaid, within the time prescribed for the list to be kept open, to register the name of such person, expressing in such register his or her name, age and place of residence, within the corporate limits of the Town of Savannah Beach, Tybee Island, (providing said person shall not register under the provisions of Section 10, as aforesaid), all of which will be entered by the Clerk, opposite the name of each applicant, in a book kept for such purpose and furnished at the expense of the Town, and in every such case the

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following oath, which shall be administered by the Clerk, shall be subscribed by the applicant in said book: `I do solemnly swear or affirm that I am at least 21 years of age; that I am a citizen of the United States; that I have resided continuously within the State of Georgia for one year, and have been a bona fide resident, domiciled within the corporate limits of the Town of Savannah Beach, Tybee Island, for six months all next preceding the Primary Election to be held on the first Monday in March, 1940, and the General Election to be held on the first Monday in April, 1940; and that I have paid all poll taxes that I may have had an opportunity of paying, agreeably to law, and possess all of the qualifications of an elector as provided by Article 2, section 1, paragraph 2, of the Constitution of the State of Georgia, So help me God.' Registration. Section 8. Be it further enacted by the authority aforesaid that Section 12 of the Acts of the General Assembly of the State of Georgia, approved August 19th, 1922, as aforesaid, be and the same is hereby repealed. Sec. 12 of Act of 1922 repealed. Section 9. Be it further enacted by the authority aforesaid that on the first Monday in March, 1940, and thereafter upon the first Monday in March of each year immediately preceding the Regular General Municipal Election for Mayor and Councilmen of the Town of Savannah Beach, Primary Elections shall be held in the Town of Savannah Beach by all political parties which have a State and National organization and which desire to have candidates for Mayor and Councilmen in the next ensuing General Municipal Election fixed by law for said Town. Primary elections. Section 10. Be it further enacted by the authority aforesaid that the first Primary Election provided for under this Act shall be conducted and held under the jurisdiction and authority of three (3) impartial and disinterested umpires, who shall be selected by the Mayor

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and Councilmen of the Town of Savannah Beach then in office, who shall arrange and provide for all the rules and regulations and details of the Primary not herein provided for and not inconsistent with anything provided for in this Act. At said first election and at each election thereafter held under this Act, each political party of the description aforesaid, which may have candidates for Mayor and Councilmen in such election, shall submit for election an Executive Committee to be known as The Town Executive Committee of the Town of Savannah Beach, Tybee Island, such Committee to be composed of ten (10) citizens who are qualified voters of the Town of Savannah Beach under the provisions of this Act, five (5) of whom shall be actual bona fide residents who have been domiciled within the corporate limits of the Town of Savannah Beach, Tybee Island, six months prior to said election, and five (5) of whom shall be residents of Chatham County, and who own property, as described in this Act, in the Town of Savannah Beach, Tybee Island. And in future elections held under this Act, the Town Executive Committee of each political party of the description aforesaid shall have the authority to arrange and provide for all rules and regulations and details of the Primary of their respective parties, not herein provided for and not inconsistent with anything provided for in this Act. Management of primaries. Section 11. Be it further enacted by the authority aforesaid that at such Primary Elections, every person qualified to vote in the next succeeding Regular General Municipal Election, and who is further qualified under the rules of the said Executive Committee of his respective Party, shall be entitled to vote. The list of qualified registered voters of the said Town of Savannah Beach, Tybee Island, prepared by the Clerk of Council of said Town of Savannah Beach, after being duly purged and approved by the Board of Registrars of Chatham County, as provided for in Section 6 of this Act, shall

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be used as the list of registered and qualified voters entitled to vote in such Primary Elections, and said list shall be certified and furnished by the Clerk of Council of the Town of Savannah Beach to the Managers of such Primary Elections at the time and in the manner required by law for the furnishing of lists of voters at the Regular General Election for Mayor and Councilmen of the Town of Savannah Beach, Tybee Island. Qualified voters in primaries. Section 12. Be it further enacted by the authority aforesaid, that at all such Primary Elections there shall be the same number of boxes, the same hours of voting, and the same place of voting, as provided by law for the Regular General Election for Mayor and Councilmen of the Town of Savannah Beach, Tybee Island. General regulations. Section 13. Be it further enacted by the authority aforesaid that each candidate for the office of Councilman and Mayor shall have the necessary qualifications required by Section 1 of this Act, and that the candidate for Mayor receiving the highest number of votes in his Party shall be declared the nominee of his Party, and the three (3) Councilmen who are actual bona fide residents of the Town of Savannah Beach, Tybee Island, and the three (3) Councilmen who are residents of Chatham County, Georgia, and owning property at Savannah Beach, Tybee Island, receiving the highest number of votes in their Party, shall be declared the nominees of their Party. Nominees. Section 14. Be it further enacted by the authority aforesaid that each political party of the description aforesaid desiring to enter candidates for Mayor and Councilmen in said elections under this Act, shall have separate ballots prepared and furnished under the supervision of the authorities in charge of the election under the terms of this Act. The official ballot of each political party of the description aforesaid shall contain in separate columns the names of the candidates for Mayor and Councilmen of such parties. Ballots for primaries.

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Section 15. Be it further enacted by the authority aforesaid that the electors of the Town of Savannah Beach, Tybee Island, qualified under the provisions of Section 4 of this Act to be such electors by reason of their names being entered on said consolidated list shall be duly registered in the Voters Book at the Office of the Clerk of Council, and such Voters Book or Registration List in the Office of the Clerk of Council shall be the permanent Voters Book or Registration List, and said electors shall be considered as permanently registered, and they shall not thereafter be required to register or further qualify. The provisions of this section apply to those persons who register and qualify under the provisions of Section 5 of this Act. No person shall remain a qualified voter and/or elector longer than he shall retain the qualification under which he registered. Permanent registration list. Section 16. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1939. TYRONE CITY LIMITS. No. 397. An Act to amend an Act approved August 18, 1911, entitled An Act to incorporate the Town of Tyrone in the County of Fayette in the State of Georgia, and for other purposes, by extending the corporate limits of said town as set out and described in 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 approved August 18, 1911, entitled An Act to incorporate the Town of Tyrone in the County of Fayette in the State of Georgia, and for other purposes, be and

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the same is hereby amended by extending the limits of the Town of Tyrone as incorporated by said Act by adding to the territory embraced within the limits of said municipality the following additional adjacent territory, described as follows: Beginning at the southwest corner of the lot now occupied by the Tyrone Consolidated School at a point on the public road lying south of said school-house lot, running thence north 33 chains; thence east 10 chains; thence south along the public road known as the Tyrone-Fairburn Public Road 5 chains and 82 links; thence east 3 chains and 18 links; thence south 19 chains; thence west 3 chains and 18 links; thence south 2 chains and 20 links; thence west 3 chains to the said Tyrone-Fairburn Public Road; thence south along said public road 6 chains to the public road hereinbefore referred to; thence west along said public road 7 chains to the starting point. Description. Section 2. All of the power and authority of the Mayor and Council of said Town of Tyrone over the territory incorporated in said town by said Act of August 18, 1911, is hereby extended to the additional territory described in the foregoing section as fully and completely as if same had been embraced within the limits of said municipality at the time of its incorporation. Extension of powers. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1939. UNION POINT CHARTER AMENDMENTS. No. 384. An Act to amend an Act entitled An Act to incorporate city of Union Point, in the county of Greene; to provide for the election of a mayor and councilmen; to prescribe their duties and provide for all matters of

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municipal concern; and to establish therein public schools and for other purposes and the Acts amendatory thereto, the original Act being Acts of the Legislature of 1904 page 678, By repealing the present method of holding elections for officers of said city, and providing in lieu thereof a method of holding elections for such officers and for all other municipal elections, and providing who shall be qualified to hold the same; By providing authority in and to the Mayor and Council of said city to open, change and/or abolish streets and sidewalks, and to require and compel work on the public streets and sidewalks of said city, or collect a commutation tax in lieu thereof, and to provide who shall be subject thereto, and how same shall be enforced; by providing authority for additional punishment for violations of municipal ordinances; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section Four of the original charter of the City of Union Point, contained in the Acts of 1904 page 678, as amended by the Acts of 1910 page 1221, be and the same hereby is amended by striking the following language in said section to-wit: Acts of 1904 and 1910 amended. Said election shall be under the superintendence of two or more councilmen. Each of said managers entering upon his duties shall take an oath before a person authorized to administer oaths, or to swear each other, that he will faithfully and impartially conduct said election, and prevent all illegal voting, and by substituting therefor the following language to-wit: That elections above referred to include all municipal elections. That said elections for officers of said city and other municipal elections shall be held under the

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same rules and regulations as govern the election of Members of the General Assembly of Georgia, - provided however, that all such election managers shall reside within the incorporate limits of City of Union Point, and be qualified voters in the election over which they are presiding, and by further striking from said Section Four of the said original charter, the last six words appearing in said Section, to-wit: and has paid all city taxes. So that the section as finally amended shall read as follows: Section Four. Be it further enacted by the authority aforesaid, That all elections for officers of said city shall be held at the courtgrounds, and the polls shall be opened at nine o'clock in the forenoon and closed at four o'clock in the afternoon. That the elections above referred to include all municipal elections. That said elections for officers of said city and other municipal elections, shall be held under the same rules and regulations as govern the elections of members of the General Assembly of Georgia,-provided however, that all such election managers shall reside within the incorporate limits of City of Union Point, and be qualified voters in the election over which they are presiding. No person shall be allowed to vote at such election unless he is qualified under the law to vote for members of the General Assembly. Election of city officers. Section 2. Be it further enacted by the authority aforesaid, That section Nine of the original charter, as amended in Acts 1937-8 extra session, page 1368, be and the same hereby is amended by adding thereto a new paragraph, as follows, to-wit: Act of 1937-1938 amended. Section 9-a. The said mayor and councilmen shall have power and authority to open, change and/or abolish

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streets and sidewalks of said city, and may require and compel all male persons between the ages of twenty-one and fifty years, residing in said city at any time from January 1 to July 1 inclusive of any year, to work on the streets and sidewalks of said city, for said year, not to exceed four days in each year, or may receive in lieu thereof commutation tax from such person or persons not to exceed $4.00 (four dollars) a year; and the mayor of said city shall have the power and authority to punish defaulters by fines not to exceed $10.00 (ten dollars) or imprisonment in the city jail, not to exceed ten days, either or both in discretion, after a hearing of which defaulter shall have at least ten days' notice. Control of streets. Commutation tax. Section 3. Be it further enacted by the authority aforesaid, That section Eleven of the original charter (Acts 1904 page 678) and as amended by Acts of 1910, page 1221, be and the same hereby is amended by adding thereto the following language to-wit: Sec. 11 of Act of 1904 amended. In addition to the punishments hereinbefore provided, said mayor and council shall have power and authority to prescribe as a punishment for the violation of any municipal ordinance, imprisonment in the county jail of Greene County, for any term not to exceed ninety days, or by compulsory work for any term not to exceed ninety days in the chaingang of Greene County, either, any or all at mayor's discretion. So that the section as finally amended reads as follows to-wit: Section 11. Be it further enacted by the authority aforesaid, That the mayor and council shall have power and authority to prescribe all ordinances and adequate penalties against the ordinances of said city and to punish all offenders by fines not exceeding One Hundred Dollars, or labor on the streets or the public works of said city, or confinement in the calaboose or guardhouse not

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to exceed ninety days; fines to be collected by execution issued by the clerk of the council against the estate of the offender. In addition to the punishment hereinbefore provided, said mayor and council shall have power and authority to prescribe as a punishment for the violation of any municipal ordinance, imprisonment in the county jail of Greene County for any term not to exceed ninety days, or by compulsory work for any term not to exceed ninety days in the chaingang of Greene County, either, any or all at the mayor's discretion. Punishment for violations of ordinances. 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 hereby repealed. Approved March 24, 1939. WARRENTON SPECIAL LICENSE TAX. No. 20. An Act to amend an Act entitled An Act to amend the charter of Warrenton, Georgia, to-wit: The Act incorporating the town of Warrenton, Georgia, approved December 12, 1859, and various Acts amendatory thereof, and especially Section II of the Amendment of said Act approved December 5, 1899, providing for business licenses and other purposes therein mentioned, so as to provide for the granting or not granting of business licenses upon any person or persons, firm, partnership, agent, or corporation doing business in the City of Warrenton. 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 incorporating the town of Warrenton, in Warren County, and providing for the election of Commissioners for the same and for other purposes therein mentioned,

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approved December 12, 1859, and various Acts amendatory thereof, and especially Section II of the Amendment of said Act approved December 5, 1899, be and the same is hereby amended by striking out the words and figures fifty ($50.00) Dollars as they appear in line 9 of Section II and inserting in lieu thereof the words and figures Two Hundred ($200.00) Dollars, and by striking out the following words as they appear in the 10th, 11th., and 12th. lines of said Section II: Provided, however, this section shall not apply to any person, agent, or corporation, which is now subject to the special State law tax, so that said Section when amended shall read as follows: Section II. That from and after the passage of this Act may pass such ordinance as to granting or not granting license upon all mercantile, millinery, and drug business, livery, feed, or sale stable, jack, stallions standing in said town, wood-shops, shoe-shops, blacksmith shops, hotel, restaurants, tailors, cotton, and cottonseed buyers, auctioneers, horse-swappers, traders, peddlers, harness-makers, guano agents and each and every other agent, buyer, or other such business carried on in said City, as they or a majority of them may deem proper, not to exceed the sum of Two Hundred ($200.00) Dollars annually. Said tax to be a special tax and imposed at the option of said mayor and council or the mayor and a majority of said council. Any person or persons engaged in the aforesaid callings or business without first obtaining license as aforesaid shall be arrested and punished as prescribed in section 17 of this Act. Business license tax. 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 10, 1939.

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WEST POINT TAX RETURNS. No. 158. An Act to amend an Act entitled an Act to create a new charter for the City of West Point, Georgia, approved December 13, 1900, Georgia Laws 1900, p. 474, by amending Section 33 thereof, by striking the word first day of April wherever the same occurs in said Section and substituting in lieu thereof the words first day of January and by striking the word June in the sixth line and substituting the word April so as to provide for the returning of property for taxes on January 1st of each year rather than April 1st of each year; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That on and after the passage of this Act Section 33 of an Act entitled an Act to create a new charter for the City of West Point, Georgia, approved 1900, Georgia Laws 1900, page 474, be and the same is hereby amended by striking from said Section the words first day of April wherever the same appears in said Section and substituting in lieu thereof the words the first day of January and striking the word June in the sixth line of said Section and substituting the word April so as to change the time of returning property for taxes from April 1st to January 1st so that when Section is so amended the same shall read as follows: Act of 1900 amended. That any person owning or holding property of any kind in any capacity within the corporate limits of said city, on the first day of January each year after the passage of this Act shall return the same for taxation under oath at any time from and after the first day of January and until the first day of April of each year to the clerk and treasurer or other officer authorized to receive tax returns for said city. The mayor and alderman of said

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city shall prepare or cause to be prepared, a blank form, or schedule, for the return of all taxable property with appropriate blanks and lines for property of every kind and description subject to taxation under the laws of this State, and each taxpayer and property owner in said city shall fill out said schedule, entering thereon all the property owned or held in any capacity by said taxpayers, of every kind and description, both real and personal, including money, notes and accounts, choses in action, mortgages, bonds, and stocks of all kinds not by law exempt from taxation. Tax returns. The full face value of all notes, accounts, mortgages, crop liens, stocks, bonds and other investments and securities held by each taxpayer in said city in his own right or as agent, trustee, guardian, executor or administrator, on the first day of January of each year shall be returned, whether considered solvent or insolvent, with the estimated value of all such notes, accounts, mortgages, stocks and bonds and other investments and securities. Printed on said blank form shall be the following oath, which the person making the return must take and subscribe in the presence of the clerk and treasurer of said city or other officer authorized by the mayor and aldermen to receive tax returns for said city, to wit: I do solemnly swear that the above and foregoing is a true and correct return of all the property, both real and personal, owned or held by me as agent, trustee, guardian, executor or administrator or in any capacity whatever on the first day of January, subject to taxation in the city of West Point, including money on hand, notes, accounts, mortgages, stocks, bonds and other investments and securities; so help me, God. Said oath shall be signed by the person making said tax return, and attested by the officer receiving said return. Said tax return shall be, by the city clerk and treasurer or other officer receiving the same, placed before the city tax-assessors hereinafter provided for, when they meet to make their assessment.

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Section 2. Be it further enacted that this Act shall become effective for the return of taxes on the first day of January 1940. Effective date. Section 3. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 8, 1939. WOODSTOCK CITY CHARTER. No. 325. An Act to reincorporate the town of Woodstock, in the County of Cherokee; to create a new charter and municipal government therefor; to declare the rights and powers of the same; to repeal the present charter of the town of Woodstock; to provide that all valid contracts of said town shall continue of force; to provide that all property now held and owned by the town of Woodstock shall continue to be the right and property of said town, and that all rights and liabilities of the said Town of Woodstock shall continue operative to and against the same; to provide that all ordinances of the Town of Woodstock, not in conflict with this charter shall continue valid and enforceable; to provide for continuance in office of present Mayor and Council of the Town of Woodstock until their successors shall be selected under the provisions of this charter; to define the limits of the said Town of Woodstock; to provide for a Mayor and Councilmen and other officers of said town, and to prescribe their powers and duties and the manner of their election; to provide for the manner and time for all elections in said town; to provide for the qualifications of all electors and voters therein, and for the registration of the same; to provide for a recorder's court and the trial and punishment therein of all offenders against the laws of said town and the

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manner of appeal therefrom; to provide for a chaingang and the working of prisoners therein and for the maintenance of a jail for said town; to provide for a system of sanitary sewerage; to provide for a system of water works and electric lights; to provide for fire and police departments and for the regulation of the same; to authorize said town to borrow money and issue bonds and other evidences of debt for public purposes under the laws of this State; to provide for public parks and cemeteries and the caring for same; to provide for condemnation of private property for public use; to provide for streets and sidewalks and the laying out, opening, grading, working and paving of the same, and for the assessment of the cost of the same upon the abutting property owners; to provide for the assessment, levy and collection of an ad valorem tax on all property, real and personal, for general purposes; to provide for the granting of franchises by said town and the continuance of franchises theretofore granted by the same; to authorize the assessment and collection of a per capita tax for working the streets of said town; to authorize the taxation and license of all kinds of business, trades, professions, shows, exhibitions and entertainments in said town; to provide for the abatement of nuisances; to force the connection of all closets, etc., with the sanitary sewers, to provide penalties for failure to do so, and regulate the manner in which the town shall direct that the work be done; to provide for the establishment of fire limits and for the regulation of buildings in said town; to declare and define the police powers of said town and to provide for the enactment by the Mayor and Council of said town of such laws and ordinances as may be necessary for the peace, good order, health, prosperity, comfort, security and welfare of the Town of Woodstock and the inhabitants thereof, and to provide for all matters of municipal concern and cognizance; and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the inhabitants of the territory now embraced in the corporate limits of the Town of Woodstock, heretofore incorporated under the laws of Georgia, and the inhabitants of the territory embraced in the corporate limits of the Town of Woodstock, as hereinafter described, located in the County of Cherokee and State of Georgia, be and they are hereby incorporated under the name and style of the Town of Woodstock and by that name shall be and are hereby vested with all the rights, powers and privileges incidental to municipal corporations in this State, and all rights, powers, privileges, titles, property, choses in action, easements and hereditaments heretofore belonging to the Town of Woodstock, or the Mayor and Council of the Town of Woodstock, are hereby vested in the Town of Woodstock created by this Act. And the said Town of Woodstock by and in that name may sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common or corporate seal, borrow money and issue bonds, make and enact through and by the Mayor and Council of said Town of Woodstock such ordinances, rules, regulations and resolutions for the welfare and proper government of said town and for the transaction of the business of said town, and to enforce any of the authorities granted herein as to said Mayor and Council of the Town of Woodstock may seem good and proper, and as may be necessary for the peace, good order, health, prosperity, comfort, security and welfare of the Town of Woodstock and the inhabitants thereof. And the said Town of Woodstock is hereby authorized and empowered by law, to purchase, hold, rent, lease, acquire, receive by gift or donation or otherwise, and to sell, exchange, enjoy and possess any property, real or personal, any estate, lands or tenements and hereditaments of any kind whatsoever, either within or without the corporate

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limits of said Town of Woodstock, for corporate purposes. Corporate name and powers. Section 2. Be it further enacted, That the corporate limits of the town of Woodstock shall extend three-fourths mile north from the depot and three-fourths mile south from the depot, along railroad track, and one-half mile in breadth on each side of the railroad track, the whole length of first line. Territory. Section 3. Be it further enacted, That the Town of Woodstock, created by this Act, is hereby made responsible as a body corporate for all legal undertakings, liabilities and debts of the former Town of Woodstock, or the Mayor and Council of the Town of Woodstock, whether for principal and interest due on outstanding bonds or for other contracts of indebtedness. Liabilities of former town. Section 4. Be it further enacted, That it may establish a chain-gang for working any violators of its laws and ordinances under such rules as it deems best, and may maintain its own jail house for the detention of all offenders against its laws. It may attach penalties for the violation of its laws and ordinances by fines not exceeding one hundred dollars, and may imprison or work on its chain-gang not exceeding sixty days and imprisonment not exceeding thirty days, either or both of said punishments. Chain-gang and jail. Section 5. Be it further enacted, That said Town of Woodstock shall have authority to pass such laws and ordinances as may be necessary to prevent the introduction and spread of any smallpox, scarlet fever, or any other contagious or infectious disease; it may confine any person with such diseases or any one attending one with such diseases to certain prescribed territory; it may compel persons within its territory to be vaccinated. Contagious diseases. Section 6. Be it further enacted, That the Mayor and Council of said town may, in its discretion, enact any

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and all ordinances, rules and regulations necessary to lay out a fire district in said town, and to enlarge, change and modify the same from time to time, to require permits to be granted for the construction of buildings in said town and to grant the same, to prescribe how and what materials buildings within said district may be erected, how thick the walls shall be, the manner in which chimneys, flues and stove pipes shall be constructed, and to make such reasonable rules, regulations and requirements, as they may deem necessary to, so far as possible, protect said town from danger from fire or to prevent or stop conflagrations. They shall also have power and authority to order any changes in the construction or arrangement of chimneys, stove pipes or flues, or the removal thereof, when in their judgment the same are dangerous or likely to be so, and to compel the owner or occupant to make the changes or alterations ordered by proper ordinances, and to collect any expenses incurred by the town under any ordinance passed carrying out the powers granted under this section by execution as in case of collecting taxes due said town. The Mayor and Council may exercise general supervision over all buildings of every character in said town and may condemn dangerous walls or construction in any of the same, and shall have the power and authority to exercise said supervision by passing and enforcing suitable and reasonable ordinances. Fire district. Dangerous buildings. Section 7. Be it further enacted, That it shall be the duty of the Mayor and Council of said Town of Woodstock to provide such fire protection therefor whenever, and as in their discretion the town can afford, or is able to support, and to this end shall have power and authority to organize, equip and support a fire department, volunteer or paid and to make such appropriations therefor as they may deem advisable, providing needed buildings and equipment therefor, and to adopt and prescribe such ordinances and regulations as they deem will best

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promote the objects of this section and afford protection from fire to property in said town. Fire protection. Section 8. Be it further enacted, That the Mayor and Council may cause any nuisance likely to endanger the health of the town, or any neighborhood or place therein, to be abated in a summary manner. The expense of such abatement may be charged against the party causing the nuisance, and payment therefor be enforced in the manner taxes due said town are collected. Nuisances. Section 9. Be it further enacted, That the Mayor and Council of said town may regulate and prohibit the keeping and exhibiting of any jack, stallion or bull for service within the corporate limits. Jacks, stallions, and bulls. Section 10. Be it further enacted, That the Mayor and Council of said town may regulate and prohibit the keeping on any premises any tank of water, pool, slops, hog pen, privy or anything that will tend to germinate and spread any disease or offensive smell; its proper officers may enter upon any private premises to inspect and enforce this authority. Regulation of premises. Section 11. Be it further enacted, That the said Town of Woodstock shall have the right, powers and authority to build, purchase, contract for or otherwise acquire and maintain such electric light, waterworks and gas plants and systems as to the Mayor and Council of said town may be considered necessary and proper for the manufacture and distribution of such electric current, water and gas for the use of said town and of private parties within the limits of said town. Said Town of Woodstock may operate said manufacturing or distributing plants or systems and may enlarge or change such systems now in existence. Said Town of Woodstock may through its Mayor and Council contract and purchase electric current for its own use and the use of the citizens of the town, and may resell the same to private parties

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within the limits of said town. Said town may charge and collect for such water, light, gas and service, and the said Mayor and Council are hereby authorized to make such regulations for the conduct and management of such enterprises as they seem fit, and to appoint such officers and committees to control and manage its business as the Mayor and Council may deem best, under such rules and regulations as it may enact. Utilities. Section 12. Be it further enacted, That the government of said Town of Woodstock shall be vested in a Mayor and five councilmen, to be elected annually on the first Tuesday in January, between the hours of eight o'clock A. M. and five o'clock P. M., by the qualified voters of the said Town of Woodstock, the Mayor and the Councilmen to hold their office for a term of one year or until their successors shall be elected and qualified. This body, while sitting, shall be known as the Mayor and Council. Mayor and council. Elections. Section 13. Be it further enacted, That the Mayor and Council shall pass all ordinances, laws, rules and regulations for the better management of said corporation as herein authorized; shall make all contracts allowed; shall have general supervision and control of its affairs; shall elect a Marshal, Clerk of Council, Treasurer, Recorder, may employ an Attorney at Law to look after the legal interest of said corporation and to represent it in any legal proceedings in any court, and may engage attorney to assist him in the prosecution of his duties, and may appoint such other officers and committees as may be necessary for the better administration of its affairs; shall fix the salary and fees to be paid any officer or employee, and shall assess, levy and collect all taxes due said town. Powers of mayor and council. Section 14. Be it further enacted, That the said Town of Woodstock may take bonds when necessary for the faithful performance of duties from its officers, employees,

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contractors, and for the appearance of offenders of its laws and ordinances before the Recorder's Court. Bond. Section 15. Be it further enacted, That the Mayor and Council shall hold monthly meetings on the first Thursday of each month, which may be adjourned from day to day, and such call meetings as the Mayor may think best to call for any specific purpose. At any meeting the Mayor or Mayor pro tem and three of the Councilmen shall constitute a quorum to transact business. It shall take a majority vote of the Councilmen present to pass any measure. The Mayor shall vote on all measures only when there is a tie of the councilmen. Council meetings. Section 16. Be it further enacted, That the Mayor shall be the Chief Executive of the Town of Woodstock; shall preside at the meetings of the Mayor and Council; shall see that all laws, ordinances, rules and regulations are faithfully enforced; he shall see that all officers and employees shall faithfully discharge their duty; he shall sign with the Clerk of Council any deed, lease, conveyance and contract that may be authorized and directed by the Mayor and Council. Duties of mayor. Section 17. Be it further enacted, That the Mayor and Council shall elect from the Councilmen a Mayor pro tempore, who shall perform the duties of the Mayor during his absence, sickness or disqualification. In the absence or disqualification of the Mayor and Mayor pro tem the remaining Council shall meet and select one of their members to Act as Mayor pro tem temporarily. Mayor pro tem. Section 18. Be it further enacted, That any person shall be eligible to the office of Mayor and Councilmen who has been a resident of the Town one year, is twenty-one years old, and has paid all taxes due said Town of Woodstock. The Mayor may receive a salary not exceeding one hundred dollars, and each Councilman may receive a salary not exceeding twenty-five dollars per annum; provided the same be fixed by ordinance and

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not changed so as to affect anyone during his term of office. Qualifications. Salaries. Section 19. Be it further enacted, That when a vacancy in the office of Mayor or Councilmen occurs the same may be filled by the Mayor and Council. Vacancies. Section 20. Be it further enacted, That the Mayor and Council may remove any officer or employee of said corporation with or without cause, who has been elected or employed by said Mayor and Council. Removal of employees. Section 21. Be it further enacted, That on the first day of January, or soon thereafter as practical, the newly-elected Mayor and Councilmen shall enter upon their duties by taking and subscribing the following oath before any officer authorized to administer oaths: I do solemnly swear that I will faithfully and honestly perform all of the duties that are now and may be placed upon me as an officer of The Town of Woodstock to the best of my knowledge and skill, without favor or affection to anyone; that I will faithfully account to said Town of Woodstock for any funds or property coming into my hands belonging to it, and that I will not knowingly allow any other officer or employee of said corporation to misapply any of its funds or property without reporting the same to the Mayor and Council. Said oath shall be recorded in the minutes of Mayor and Council. Oath. Section 22. That the Mayor and Council shall at its first meeting, or as soon thereafter as possible, elect a Marshal and from time to time may elect or appoint as many assistants for him as they may deem best and necessary, who shall keep the peace of said town; he shall have authority to arrest and hold any person with or without a warrant for any violation of any law and ordinance of said Town of Woodstock or any State law; upon the order of the Recorder he may imprison and

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work upon the chain-gang any person so sentenced; he may levy upon and sell any property by authority of tax execution or execution issued from the Recorder's Court, and may perform such other duties required of him by the Mayor and Council; he may enter any private premises to arrest any violator of its laws and ordinances. Marshal. Section 23. That the Mayor and Council shall at its first meeting elect from the Councilmen, or any qualified voter of said town, a Clerk, to be known as Clerk of Council. He shall have the custody of the books and seal; shall keep and record in a book of ordinances all of the ordinances and laws passed by the Mayor and Council; he shall keep and record in a book of minutes a full proceeding of all of the Acts and doings of the Mayor and Council; he shall issue certified copies of anything of record; shall issue any execution for any unpaid taxes ordered by the Mayor and Council; shall with the Mayor sign any deed, conveyance and contract ordered and authorized by the Mayor and Council; he shall issue any license authorized and directed by the Mayor and Council, upon the presentation of a receipt from the treasurer showing that any tax for such license has been paid; he shall perform such other duties as the Mayor and Council may place upon him, including the duties of treasurer; his books may be inspected by the Mayor and Council at any time. Clerk. Section 24. Be it further enacted, That the Mayor and Council shall elect from the qualified voters of said Town of Woodstock a Treasurer, who may be the clerk of Council, and may fix a bond to be given by him to faithfully perform his duties. He shall receive all money belonging to said corporation; shall collect all taxes with the aid of the Marshal; shall pay out all money for municipal purposes under the direction of the Mayor and Council; he shall keep a book showing the amount of money collected, and from what source, and how the

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same was paid out, and for what purpose. His books shall be subject to inspection at any time by order of Mayor and Council. He may be the same person and perform the duties of Clerk of Council. Treasurer. Section 25. The Mayor and Council, at their first meeting, or as soon thereafter as possible, shall elect a Recorder, who may be the Mayor, any member of the Council or any citizen of the Town of Woodstock, and shall hold his office till removed by the Mayor and Council, or for one year, and till his successor is elected and qualified. He shall have authority to try all of the offenders and violators of the laws and ordinances of the Town of Woodstock. The Mayor and Council shall fix and provide his salary, or his fees. They shall also elect an assistant Recorder who shall try all persons for violating the laws and ordinances of the Town of Woodstock when the Recorder is absent, sick, disqualified or from any other cause he cannot serve. His qualifications shall be the same as are required of the Recorder. The Mayor and Council may appoint a Recorder pro tem to try any case in which both the Recorder and his assistant are absent or disqualified. Recorder. Section 26. Be it further enacted, That the Recorder shall try all violators and offenders against the laws and ordinances of said Town of Woodstock, while sitting to try violators shall be known as Recorder's Court. Said court shall hold regular monthly sessions to try violators of its laws and ordinances; to render judgment on any forfeited bond; it may hold daily sessions for the purpose only of trying any violators of its laws and ordinances; it may issue subpoenas, and compel witnesses to appear and testify in its court; the Recorder while sitting to try cases may try and convict offenders of the laws and ordinances of said town; he may place fines and such sentences as he deems right upon persons so convicted, as authorized by this charter; he may fine for contempt not over twenty-five

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dollars, and imprison not exceeding thirty days; he may administer an oath to anyone under the same rules as now provided for a Justice of the Peace; he shall keep a docket and minute book in which he shall keep a record of all cases and how disposed of, including all judgments and orders; he shall be his own clerk, and shall give certified copies of what may appear on his books; he may bind over to the Superior Court, or commit to the jail of Cherokee County anyone who may violate any State law; he may issue warrants either on his own motion or on information from another by affidavit; he may issue executions on any judgment of his own court on any forfeited bond or any fine imposed, and any such judgment and execution shall have the same force and effect as any judgment and execution from any other court of this State, and may be enforced by levy and sale. When any forthcoming bond has been forfeited for non-appearance of the principal, the Recorder shall pass an order at the term of court to which the principal in said bond was required to appear calling upon the principal and surety to show cause why judgment should not be rendered upon said bond; and a copy of the bond and the order of court shall be served on principal and surety at least ten days before the term of court at which the same shall be heard by the Recorder's Court. Judgment shall be rendered upon said bond against anyone served, unless it appears that the principal is dead, or is produced in court, or delivered by the surety to the Marshal of said town. Recorder's court. Section 27. Be it further enacted, That any person being dissatisfied with any judgment, fine and sentence by the Recorder's Court may carry the same by certiorari to the Superior Court under the same rules as are now provided by law to carry a case by certiorari from a Justice Court; provided, that any person carrying a case up by certiorari from any fine or sentence imposed, shall give such appearance bond not exceeding one hundred dollars

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to answer the final judgment of the Court, to be approved by the Recorder, and the bond to be assessed by the Recorder. Anyone carrying a case up to review a money judgment shall give a bond for the eventual condemnation money, said bond to be approved by the Recorder. Certiorari. Section 28. Be it further enacted, That the Mayor and Council shall have authority to pass such ordinances as they deem best and with such penalty as herein allowed to prevent anyone from interfering with another while at work; and to prevent anyone from persuading or enticing anyone away from his work and employment, and away from said town. Interfering with work of another. Section 29. Be it further enacted, That all persons who have resided within the Town of Woodstock ten days and who are subject to work the public roads under the laws of this State; shall be required to work the streets and sidewalks of said town for not exceeding ten days each year, under the direction of the Marshal, or such officer as the Mayor and Council may direct; or said persons may pay a street tax not exceeding five dollars per year. Any person who may refuse to work upon the streets, or pay said tax, under such rules and regulations as may be enacted by the Mayor and Council to more effectually carry out the work, may be fined by the Recorder not exceeding ten dollars, or be required to work in the chain-gang of said town not exceeding twenty days; provided, no street duty or street tax shall be required of the Mayor, and Councilmen or anyone exempt by law from working the public roads, or anyone who has previously worked the streets, roads, or paid street tax or road tax at any other place for the year. Street tax. Section 30. Be it further enacted, That the Mayor and Council may at any time receive as a donation, may buy and lease any lands, either within or without the corporate limits, for the purpose of establishing parks and playgrounds, and shall have exclusive control over

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the same, and to control, regulate and remove all obstructions and prevent all encorachments thereupon; and to provide for raising, grading, filling, terracing landscape gardening, erecting buildings, providing amusements therein, for establishing walks and paving driveways around, in and through said parks, playgrounds and other public grounds. Parks. Section 31. Be it further enacted, That the Mayor and Council shall have exclusive jurisdiction over all cemeteries belonging to said town. They may make such appropriations as may be necessary for the care and supervision of the same. They may enact ordinances to provide penalties for the purpose of preventing trespass thereon. They may regulate the charges of grave digging and interment, and any and everything pertaining to the proper care and operation of such cemeteries; may sell lots or right to bury therein. They may prescribe such fees for burials as they may deem proper, and may enforce the collection of such fees as they may by ordinance provide. Cemeteries. Section 32. Be it further enacted, That said Mayor and Council 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 town upon such terms, reservations and conditions as the said Mayor and Council may fix; provided, however, that the same shall not be granted for a longer term than twenty (20) years. Franchises heretofore granted by the Mayor and Council of the Town of Woodstock are continued of force for and against the Town of Woodstock created by this Act. Franchises. Section 33. Be it further enacted, That the Mayor and Council, in the name of the town, shall have full power and authority for or to condemn any land or premises, within or without the Town of Woodstock, for the purposes of establishing and maintaining electric light

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plants, waterworks plants or systems, sewerage or drainage systems, or any of them for said town, or for the purpose of maintaining, extending, enlarging or improving such systems or plants now in existence, or for any other public purpose; provided, however, that whenever the right to condemn lands and premises herein granted be exercised, all proceedings in respect thereto shall be under the same terms and conditions as provided for in the general law of this State, with reference to the condemnation of private property for public use. Condemnation. Section 34. Be it further enacted, That the Mayor and Council of said town shall have full power and authority by ordinance to regulate and prescribe the speed of the railroad trains running within the limits of said town, to require all railroad companies to station watchmen or automatic warning or signal devices at all crossings, to require such railroad companies to keep up and maintain without cost to said town all street crossings therein; to prohibit the blocking of all street crossings therein; and to regulate in any other way the running or operation of railway trains within the town limits as it may deem necessary to protect and safeguard the public, and to provide a penalty for the violation of any of the provisions of this section. Trains. Section 35. Be it further enacted, That the Mayor and Council of the Town of Woodstock may provide by ordinance for a sanitary sewer system for said town and the maintenance thereof, and may provide for the enlargement, change or replacement of the present system. They may require property owners to make connection to such sewers with their premises, and upon their failure to make such connection, said town shall have the right to make such connections and charge the cost of the same against the said owner, which cost shall be collected by execution in the manner taxes due said town

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are collected. Said Mayor and Council may fix penalties for failure to make such sewer connections. Sewerage. Section 36. Be it further enacted, That said Mayor and Council shall have full power and authority to require the owners of any improved property, his agent or tenants in possession, to provide suitable privy or water closet accommodations upon such premises as Mayor and Council shall prescribe. And they may order such water closets to be connected with the sewerage system in said town when in their judgment it is necessary to protect the health of the citizens of the town, and upon the failure of the owner, his agent or tenant to do so, shall have the work done and collect any expense incurred thereby as in case of collecting taxes due said town. Privies. Section 37. Be it further enacted, That the Clerk shall open the tax books to receive the tax returns for both real and personal property on the first day of May each year, and shall keep them open for sixty days. The returns shall be made upon blanks furnished by said corporation, which shall describe the location and value of each separate piece of real property, the amount and value of all personal property and what business he may follow upon which a special tax is required. The returns shall specify the property, the person making the returns had on the date that is required by the State and County for returns to be made for taxes. Provided, however, that the provisions of this section shall not apply to property assessed for ad valorem taxation by the State Revenue Commissioner under the provisions of Section 92-5903 of Georgia Code of 1933 and Act No. 296, Extra Session of 1937-1938. Tax returns. Section 38. Be it further enacted, That after the taxes have been returned, the Mayor and Council shall inspect the returns. If it shall appear that any property has been returned below its value, or it appears that there is property not returned, the Mayor and Council shall order the parties

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returning the property below its value, or the owner of any unreturned property, to appear before the Mayor and Council for the purpose of assessing the property at its true value for the purpose of taxation. If there is any property where the owner is not known, the owner shall be served by publishing the notice before the Court House door of Cherokee County for twenty days before the hearing, stating the time and place of the hearing. After the notice is given, the Mayor and Council shall assess any property under consideration, and if needed, may call and subpoena witnesses as to the value of any property. The said Mayor and Council may assess the value of any property from their own knowledge or from information obtained from others, either on oath or otherwise. If any person is dissatisfied with the values assessed on any of his or her property, such person, firm or corporation may appeal the same to the Superior Court of Cherokee County, where the same may be tried, as any other appeal is tried. Increased assessments. Appeal. Section 39. Be it further enacted, That the treasurer shall report to the Mayor and Council any person, firm or corporation who may be delinquent in the payment of taxes. The Mayor and Council shall order an execution issued for any amount of tax due, together with a cost of fifty cents for the execution, which shall be issued by the Clerk of Council. Any tax Execution so issued shall have the same force and effect as any other tax execution in this State and shall be collected by levy and sale. Executions. Section 40. Be it further enacted, That when any special taxes may have been assessed by the Mayor and Council as against any person, firm or corporation and against any particular property for improvements to sidewalks, streets, sewer purposes, and waterworks purposes, and when any property may be condemned and taken for public use, and no provision is now made for a hearing beforehand, then the property owner against whom the

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assessment is made may file any illegality to the execution setting up that any portion or all of the amount in the execution is not due, or that the assessment was not legally made, and setting up wherein it was not legally made, and that the execution is otherwise proceeding against him illegally, and setting out the illegal procedure, when any affidavit of any property owner has been filed with the levying officer as herein provided, he shall return the execution and the affidavit of illegality to the next term of the Superior Court, where the same shall be tried as is now provided for trying illegalities to any other execution; provided, that only one affidavit of illegality shall be made to any one execution, and provided, the Judge of the Superior Court may dismiss said illegality if the same should not be made on sound legal principles. Affidavits of illegality. Section 41. Be it further enacted, That the Mayor and Council of the Town of Woodstock are authorized and empowered to call elections by the qualified voters of said town, in accordance with the provisions of the laws of Georgia, at such time or times as said Mayor and Council may designate, to determine whether or not bonds shall be issued by said town. Bonds may be issued by said Town of Woodstock for the purpose of erecting, establishing or enlarging any gas, electric lights or water works plants or systems, to levy on real estate, to erect any buildings for municipal purposes, to erect and equip any school buildings, to install or enlarge sewerage systems, to provide for the paving of its streets and sidewalks, and for the purpose of carrying out any and all of the corporate powers herein or as may hereafter be granted to said municipality, and are to be issued under the general laws of the State of Georgia with reference to the issuance of bonds by municipalities. Bonds. Section 42. Be it further enacted, That the Mayor and Council of said town are hereby authorized and empowered and required to levy and collect a tax annually, in addition

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to all other taxes authorized by law, upon the taxable property of said town, a sufficient tax and sum to meet, pay off and retire, the existing bonded indebtedness of the Town of Woodstock, or any other bonded indebtedness that may be incurred, according to the manner of the issuance of said bonds, and according to the terms, stipulations and tenor of said bonds, provided the sum raised for this purpose shall be used for no other purpose whatever. Payment of bonds. Section 43. Be it further enacted, That for the purpose of raising revenue for the support and maintenance of the government of the Town of Woodstock, the Mayor and Council of said municipality shall have power and authority to assess, levy and collect an ad valorem tax on all real and personal property within the corporate limits of said town of Woodstock, not exceeding during any one year seven-tenths of one per-cent; provided, however, that such tax shall not include any tax provided for to be raised for school purposes, as hereafter set forth, nor does or shall the same include any tax that may be necessary in the judgment of the Mayor and Council of the Town of Woodstock for the purpose of meeting and paying off the principal and interest that may become due and payable on any bonds that may hereafter be issued by said Town of Woodstock, or for providing a sinking fund for the final payment when due, of the principal and interest on any of such bonds. Property tax. Section 44. Be it further enacted, That said Mayor and Council shall have power to assess and collect such special or occupation tax and license fee as they may deem proper, upon each and every or any resident, business, trade, calling, profession, occupation, agency or establishment carried on within the corporate limits of said town; provided that said tax shall not exceed the sum of one hundred dollars per annum upon any such person, firm or corporation. They may also regulate,

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license and tax by ordinance in such sums as they deem proper each itinerant, canvasser, agent or peddler who may do business in said town, and may require such license to be had in advance; they shall have the same authority over all medicine vendors and persons giving theatrical or other like performances, exhibitions and circuses, and all amusements, carnivals, billiard and pool tables, skating rinks, public hacks and drays, automobiles for hire, sign painters, bill posters, and all persons soliciting business of any kind within the limits of said town; and all other businesses, callings or vocations which are not exempt from license under the Constitution and laws of Georgia. Said Mayor and Council may provide for the punishment in the Recorder's Court of said town of any person failing or refusing to pay any of these said taxes or license fees, and may collect such sums due by execution, as other taxes due said town are collected. Special taxes and business licenses. Section 45. Be it further enacted, That the Mayor and Council shall have power and authority to impose and collect a tax on all dogs within the town in such manner as they deem best, the same to be provided for by ordinance and not to exceed five dollars per annum upon each dog. Dog tax. Section 46. Be it further enacted, That the Mayor and Council of said town shall have the absolute, full and complete control and supervision of the streets, sidewalks, alleys, lanes, parks and squares of said town, and shall have full power and authority to open, lay out, widen, straighten, grade or otherwise change the streets, sidewalks, alleys, lanes, parks and squares of said town, and shall have the power to lay off, grade, vacate, close upo, open or pave any of its streets and sidewalks for public purposes, upon terms and conditions as the Mayor and Council may by ordinance provide. Provided that no street in said town shall be paved until written

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petition is made to the Mayor and Council, signed by two-thirds of the owners of the property abutting on the street sought to be paved, requesting that said street or streets be paved. If the Mayor and Council deem it advisable and wise they may upon receipt of such request pass an ordinance authorizing the paving of said street or streets and may assess not exceeding two-thirds the cost of the same upon the abutting property owners, and may provide for the payment and collection of such sums in any manner that they deem advisable and may issue executions to recover said sums when due as taxes are collected by said town. Said town may issue bonds to bear its pro rata share of the expenses of such paving. Said town may charge not exceeding one-half of the expense of paving any sidewalks in said town to the abutting property owners and may provide by ordinance for such paving and for the distribution of the cost of the same and shall have authority to issue executions to recover any sums due for said paving. Said Mayor and Council shall have the right to make a different charge on property used for business purposes and that used for residence purposes. Control of streets. Petition to pave. Assessment of cost. Section 47. Be it further enacted, That it shall be the duty of the Clerk of Council of the Town of Woodstock to keep at his office a book for the registration of voters of said town, which shall be open for registration on the first day of November each year, and closed two days before any election to be held. No person shall be allowed to vote unless he is properly registered. All persons shall be allowed to register and vote who are qualified to vote for members of the General Assembly of Georgia, and who have paid all taxes required by the laws of said State, both State and County taxes, and who have paid all taxes and fines due said Town of Woodstock, and who have resided in this State one year, in the county six months and in the town three months, and are twenty-one years old. Registration of voters.

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Section 48. Be it further enacted, That all elections for said town shall be held by three qualified voters of said town selected by the Mayor and Council, who before entering upon their duties shall take and subscribe an oath before some officer authorized by law to administer oaths, that they will faithfully and impartially conduct said election, that they will allow all persons qualified to vote, and not to allow anyone to illegally vote. They shall keep two tally sheets with the name and number of each voter, and number of his ticket, which shall be placed in a box and duly counted. After all ballots have been counted and the result declared the managers shall seal up the same in an envelope or box and shall transmit them with the tally sheets and their certificate of the result of the election to the Ordinary of Cherokee County. The tally sheets may be preserved in the office of Ordinary, the tickets being kept by said Ordinary unopened and unaltered for sixty days, if the next Superior Court sits in that time - if not, until after said term, after which time, if there is not a contest begun about said election, the said ballots shall be destroyed without opening or examining the same, or permitting others to do so. Management of elections. Section 49. Be it further enacted, That the Ordinary of Cherokee County shall declare the result of such election. If any notice of contest to said election is filed, the notice and proceedings of said contest shall be the same as now provided by general law for contest of elections for municipal officers in this State. Notice of contest. Section 50. Be it further enacted, That the provision of this Act shall not be so construed as to affect a prohibitory law passed for this place in 1875, nor of the local option law now in force, nor shall the sale of spirituous and intoxicating liquors ever be, licensed in this town, but the sale shall be forever prohibited under this charter, and any person convicted of a violation of the provision of

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this section shall be subject to all the pains and penalties that the law authorities and justifies to inflict. Sale of liquor prohibited. Section 51. Be it further enacted, That the Mayor and Council of said town may codify all ordinances, resolutions and by-laws of said town, together with the charter of the town, and all special Acts on the subject of the public school system of said town, into one book to be known as the Code of the Town of Woodstock and when the same is adopted by said Mayor and Council, said code shall be admitted as evidence in any of the courts of this State, upon the certificate of the Clerk of Council certifying the same to be the code of laws and ordinances of said town. The Mayor and Council shall have the power and authority to revise said code or recodify the laws and ordinances of said town whenever they may deem it necessary. Code. Section 52. Be it further enacted, That the present Mayor and Council of the Town of Woodstock shall continue in office as the Mayor and Council of the Town of Woodstock, created by this Act, until their terms shall expire under the provisions of the charter and authority by which they were elected and now hold office. Present mayor and council. Section 53. Be it further enacted, That all laws, ordinances and resolutions of the present Town of Woodstock, not in conflict with the terms of this Act, be and the same shall continue valid and enforceable as ordinances of the Town of Woodstock, created by this Act. Ordinances of force. Section 54. Be it further enacted, That the enumeration of powers by this charter shall not be held or deemed to be exclusive, but in addition to the powers enumerated herein, implied thereby, or appropriated to the exercise thereof, the town shall have and may exercise all other powers which under the Constitution of the State of Georgia, it would be competent for this charter specifically to enumerate, it being the intention hereof that the

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powers of the Town of Woodstock shall extend to all matters of local and municipal government. Other powers. Section 55. Be it further enacted, That from and after the passage of this Act, an Act entitled an Act to incorporate the Town of Woodstock, approved December 8, 1897, be and the same are hereby consolidated into and superseded by this Act, and are hereby repealed. Section 56. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved March 24, 1939. WRIGHTSVILLE STREET IMPROVEMENTSREFERENDUM STRICKEN. No. 125. An Act to amend an Act approved February 16, 1938 (Georgia Laws Extra Session 1937-38, pages 1375 to 1380 inclusive) entitled 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 sidewalks, present or future, of said city, and to lay guttery along any of the present or future streets of said city, to provide an assessment against the property for the payment of said improvements, by striking in its entirety Section 10 of said Act approved February 16, 1938, which provided for a referendum before said Act would become effective.

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Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority aforesaid, that Section 10, of the Act of 1937-38, page 1379, which provided for a referendum be stricken in its entirety. Sec. 10 of 1937-1938 Act stricken. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 4, 1939. WRIGHTSVILLE SWIMMING POOL AND ABATTOIR. No. 84. An Act to alter, revise and amend the several Acts relating to and incorporating the City of Wrightsville, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the City of Wrightsville shall have the power and authority to construct, own, establish, maintain and operate a swimming pool and/or an abattoir for municipal purposes and for profit and to prescribe, revise and collect rates, fees, tolls, rentals or charges for the services, facilities or commodities furnished by such undertakings, or either of them. Authority. Section 2. The City of Wrightsville shall have the power and authority to anticipate the collection of the revenues of such undertakings, or either of them, by pledging or hypothecating all or any part of such revenues for the purpose of financing in whole or in part the cost of the acquisition, construction, improvement, operation or maintenance of such undertakings, or either of them; provided, no encumbrance, mortgage, or other pledge of property of the municipality is created thereby; and provided no

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debt on the credit of the municipality is thereby incurred in any manner, for any purpose. Pledge of revenue. Section 3. The City of Wrightsville shall have the power and authority to make all contracts; execute other instruments; and to do all things necessary or convenient in the exercise of the powers herein granted. Contracts. Approved February 23, 1939. WRIGHTSVILLE ZONING AND PLANNING. No. 126. An Act to authorize the governing authorities of the City of Wrightsville, Georgia, 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 regulating the use for which said zones or districts may be set apart and regulating the plans for developments and improvements of real estate therein; and for other purposes. Section 1. Be it enacted and the same is hereby enacted by the General Assembly of the State of Georgia, that from and after the passage of this Act the governing authorities of the City of Wrightsville, Georgia, shall have 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 said governing authorities shall have the power to regulate the use for which said zones or districts may be set apart and to regulate the plans for developments and improvement of real estate therein. Zoning. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 4, 1939.

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PART IV.RESOLUTIONS

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TITLE I. MISCELLANEOUS SUBJECTS. RESOLUTIONS. Bill of Rights Ratified. Birchmore Trophies at World's Fair. Chief Justice Richard B. Russell. Commendation for Infantile Paralysis Campaign. Congress Requested to Compensate Widow of Sewell. Cotton Legislation Requested. Deed to Black-beard Island Requested. Federal Purchase of War Materials. Georgian's Creed. Highway Beautification. Jasper County C. C. C. Investigation. King George VI Invited to Visit Georgia. Law Books to Catoosa County. Law Books to City Court of Macon. Law Books to Clayton County. Law Books to Dade County. Law Books to Decatur County. Law Books to Effingham County. Law Books to Emanuel County. Law Books to Floyd Courts and Ordinary. Law Books to Gwinnett and Taylor Counties. Law Books to Habersham County. Law Books to Habersham County. Law Books to Haralson County. Law Books to Murray County. Law Books to Murray County. Law Books to Oconee County. Law Books to Spalding County. Passage of Federal Education Bill Urged. Prohibition of Certain Imports Urged. Regular Session Convened. Return of Locomotive General. Sale of State Owned Land. Savannah River Dam. Shad Taken by Nets. Sidney Lanier Bridge. Stone Mountain Memorial Highway. Surety Anderson Relieved. Surety Hair Relieved. Surety Hair Relieved. Tax Refund. Telfair Clerk's Bond. Time Limit for Automobile Tags Extended. Use of Gum Spirit Turpentine Urged.

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BILL OF RIGHTS RATIFIED. No. 27. A RESOLUTION. Whereas, the General Assembly of Georgia has never ratified the first ten amendments to the Constitution of the United States of America, commonly known as The Bill of Rights; and Preamble. Whereas, the said first ten amendments to the Federal Constitution are fundamental and restricted certain powers of the National Government; and Whereas, it is fitting and proper that the Journals of Congress show that the people of Georgia, through their General Assembly, are in sympathy with the Bill of Rights of the Federal Constitution: Therefore, be it resolved by the Senate, the House of Representatives concurring, that the first ten amendments to the United States Constitution be and the same are hereby ratified. Ratification. Be it further resolved that a copy of this resolution be dispatched to the Clerk of the United States House of Representatives and to the Secretary of the United States Senate. Approved March 24, 1939. BIRCHMORE TROPHIES AT WORLD'S FAIR. No. 23. A RESOLUTION. Whereas, The State of Georgia will have an exhibit at the World's Fair in New York which will open next month and thousands of people from all over the United States and foreign countries will visit, and in this exhibit will be a display by the University of Georgia Press showing the wonderful work they are now doing, and Preamble.

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Whereas, a mere display of books will attract no particular attention as there will be many such exhibits, but a Bengal tiger, golden leaf pottery not to be found any where outside a twelve mile area of Kentung State, a cobra twelve feet long, clothing and shoes from the foreign countries of the world, and many others, certainly will, and Whereas, these unique souvenirs gathered on the trip riding a bicycle around the world by Fred A. Birchmore will certainly cause comment and interest and draw crowds to see Georgia's exhibits as a whole, and, Whereas, These souvenirs collected by Mr. Birchmore, of Athens, Georgia are in the Smithsonian Institute, the United States National Museum at Washington which is to be their final home, and should be welcome for a Georgia exhibit, Therefore, be it resolved by the House of Representatives, the Senate concurring, that the souvenirs gathered by Fred A. Birchmore be permitted and allowed to be placed in the display by the University of Georgia Press as a medium of attracting attention and boosting the work that the University Press is doing, and said souvenirs will attract many visitors and serve the purpose that will be most profitable to the University Press as well as all exhibits. Display at New York's World Fair. Approved March 20, 1939. CHIEF JUSTICE RICHARD B. RUSSELL. No. 4. A RESOLUTION. Whereas, An All-wise Providence has seen fit to call the Honorable Richard B. Russell to his reward; and

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Whereas, The Honorable Richard B. Russell served the people of his State for a long period of years with distinction and unselfish devotion; and Whereas, Throughout this period of service the Honorable Richard B. Russell did, through his exemplary character and loyalty to his friends and his high trust, endear himself to many thousands of people throughout Georgia; and Whereas, His worth to the State of Georgia gained recognition by its people through the bestowal of successive offices of trust upon him, beginning with a place in the General Assembly of Georgia, through the State's Courts and on to the Chief Justiceship of the Supreme Court; and Whereas, His voice was ever heard on the side of the common people of his State, as against any specially privileged few, without regard to his personal or political interest; and Whereas, As Chief Judicial Officer of the State, he was loved as a man and respected as a Jurist by his associates on the Court; and Whereas, His written opinions as Chief Justice have been widely recognized for their clarity and beauty of expression, their foundation in the law and its tenets, and their qualities of sheer wisdom and human right and justice; now, therefore, Be it resolved, That the House of Representatives of Georgia, the Senate concurring, express to the bereaved loved ones of the State's distinguished late Chief Justice the high esteem and deep affection in which he was held throughout our State; and Be it further resolved, That these resolutions be spread upon the Record of the House and of the Senate and that a copy of the same, suitably inscribed, be presented to

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the devoted widow and children of the late Chief Justice Richard B. Russell. Approved February 3, 1939. COMMENDATION FOR INFANTILE PARALYSIS CAMPAIGN. No. 9. A RESOLUTION. Whereas, there has been a campaign on to obtain funds with which to fight infantile paralysis and to aid those afflicted with this dread disease, not only in the State of Georgia but throughout the United States, and Preamble. Whereas, the Governor of the State of Georgia, Honorable E. D. Rivers was made Chairman of the Georgia Campaign for this purpose, and Whereas, it appears that the Honorable E. D. Rivers and his many assistants have waged a successful campaign in this State and it now appears that the State of Georgia's record in this campaign compares favorably with that of the rest of the States of the United States, Be it therefore resolved by the General Assembly of Georgia that Governor E. D. Rivers and his staff of assistants in this campaign, as well as the many other participants in the campaign throughout our State and the donors thereto, be and the same are hereby commended by this Body for their untiring efforts in this campaign. Commendation. Approved February 15, 1939.

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CONGRESS REQUESTED TO COMPENSATE WIDOW OF SEWELL. No. 41. A RESOLUTION. Whereas, S. F. Sewell, a resident of Vienna, Dooly County, Georgia, died on the 19th. day of January, 1939, as a result of a tree falling on him, said tree having been cut down off the right-of-way of the Unadilla-Hawkinsville road by employees of the Works Progress Administration, while and at the time the said S. F. Sewell, a bridge foreman, an employee of the County of Dooly, was constructing a concrete culvert on the said Unadilla-Hawkinsville road, at a place known locally as Moccasin Branch in Dooly County, and Preamble. Whereas, the parties who cut down said tree were employees of the Works Progress Administration, an Agency of the Federal Government, said Works Progress Administration being in charge of the project of grubbing, widening, and otherwise building and constructing said road under supervisors and foremen of said Government Agency, and that through the neglect and carelessness of the employees, and from the lack of proper management and supervision, said tree was cut down without warning on the said S. F. Sewell, and that as a result thereof, the said S. F. Sewell was seriously injured, and lived only a few hours after the tree was felled on him, and, Whereas, the said S. F. Sewell is now dead as the result of the aforesaid described facts, and surviving him is a dependent wife and daughter, the daughter now a student at the Middle Georgia College at Cochran, Georgia. The said wife and daughter being entirely dependent upon the said S. F. Sewell, he being their sole and only means of support. The said S. F. Sewell did not leave any estate of any value, and,

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Whereas, this family will suffer a great financial loss through the untimely death of the husband and father, their sole support and maintenance, and the daughter will be forced to leave college unless outside help is received. Now Therefore, be it resolved by the House of Representatives of the State of Georgia, the Senate concurring that it is the sense of this resolution that the members of the National Congress be called upon and urged to pass a suitable resolution in the Congress to pay to the family of S. F. Sewell, deceased, adequate and reasonable compensation for the unfortunate and untimely death of Mr. Sewell, it appearing that same is a just and lawful claim. Congress to be requested to pay compensation. Be it further resolved that a copy of this resolution be mailed to each member of the Georgia Delegation in Congress, also copy be sent to Public Works Administration, Macon, Georgia. Approved March 24, 1939. COTTON LEGISLATION REQUESTED. No. 10. A RESOLUTION. Requesting the United States Senators and members of Congress from Georgia to initiate and cooperate in supporting legislation to restore cotton to its former economic importance in world commerce. Whereas, by reason of legislation creating trade barriers to the cotton trade, discriminating freight rates, the tariff, and other legislation, and by reason of world economic conditions and competition from cotton growers in foreign countries with living standards below that of this country the cotton farmers in the Southern States

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have been reduced to a tragic financial condition, their export markets have been almost lost, they are subject to competition which they are handicapped in meeting, and the growing of cotton made economically impossible under existing conditions; and Prembele Whereas, unless concerted action is immediately taken by the Senators and Members of Congress from the Cotton States, looking to the relief of the cotton farmers from the handicaps under which such conditions have come about, the growing of cotton may soon become a thing of the past in this country, and the welfare and income of large sections of the United States seriously affected. Be it resolved by the House of Representatives of the State of Georgia, the Senate concurring, That the attention of the Congress of the United States is respectfully directed to the fact that cotton is the leading product in America's Commerce and International Trade, and that the cotton farmer represents the world's largest primary wealth producing group and that it is of paramount importance to the producers of this commodity, as well as to the continued life of world trade on the part of the United States, that this interest be adequately rehabilitated and fostered. To that end, the Senators and Members of Congress from the State of Georgia are respectfully urged to take immediate steps to meet with the Senators and Representatives from all other cotton states for the purpose of securing concerted action by the Congress for the relief of the cotton farmers and of the industry from the handicaps and barriers under which they and it now suffer in the marketing of cotton, domestic and foreign, and it is respectfully suggested that among the things they are called to advocate the following: Relief of cotton farmers. (1) Legislation for the removal of statutory trade barriers, as far as possible, against our cotton trade, such

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as the modification or repeal of the Johnson Act, the enactment of legislation bringing about the equalization of transportation rates, the revision of the tariff to relieve discrimination against the cotton farmers, and other legislation; Suggested legislation and action. (2) the sale to and use by the government for the manufacture of equipments and munitions of war of 6,000,000 bales of surplus cotton; (3) allocation to producers of cotton from the cotton being carried under government loans a sufficient number of bales to pay them the balance due on 3 per pound subsidy authorized by national legislation effective on 1937 cotton crop and on which only 1.80 per pound had been paid; (4) increase the subsidy payment to the cotton producers by the further distribution of government loan surplus cotton to sixty-five (65%) per cent of parity prices on cotton during the crop years 1937, 1938 and 1939; (5) selling to the Post Office Department 1,000,000 bales of cotton now being carried by the government under loans, this cotton to be used to be manufactured into twines and other materials for use of the United States mail service, the Post Office Department to place this cotton through bids to be manufactured for their uses; (6) To allocate or reapportion from the cotton being carried by the government under the loans, 1,000,000 bales to be manufactured into cotton bagging to be distributed to cotton farmers as an additional subsidy without charge for baling their 1939 cotton and cotton of subsequent years; (7) the allocation of cotton, in point of time to comply with the time now required under the law for the sale thereof; (8) the retention of soil conservation payments as now made, pending the working out of a definite permanent plan for the future of cotton; (9) the pledging of the government to a definite support of cotton production profitable to the cotton growers; (10) the protection of cotton growers, through a subsidy

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payment increasing the selling price to 65 per cent of the parity price of cotton, so that they may successfully compete with foreign growers and regain lost export markets; (11) the granting to cotton growers of the privilege of planting other money crops than cotton on surplus lands resulting from reduction of cotton acreage, and not needed for production of feed and food crops for home consumption, without imposing a penalty against compliance payments, as now done; (12) the immediate payment to cotton farmers of all amount due for 1938 compliance, as was promised; (13) There is no one in the United States Department of Agriculture whose primary interest is the promotion of the welfare of the cotton farmer. To remedy this condition, create an office of Cotton Commissioner in the United States Department of Agriculture. It should be the Commissioner's duty to develop new uses and markets for cotton and to represent producers of cotton in developing farm programs; (14) in addition to finances otherwise available that a sufficient fund be appropriated from the general funds of the Treasury and made available to the Secretary of Agriculture to carry into effect this program here recommended and that funds for agriculture be raised in the same manner that funds are raised for other government expenditures; (15) the formation in each House of Congress of a bloc to advocate measures for the protection, encouragement and support of the cotton both now and in the future. Be it further resolved, That the Legislative Bodies of the cotton States be urged to take immediate action to request from their Senators and Members of Congress similar cooperation and support of such actions and measures. Be it further resolved, That the Clerk of the House do forthwith transmit copies of this Resolution to the United States Senators and Members of Congress from this State,

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and to the Legislative bodies of each of the following states, to wit: North Carolina, South Carolina, Alabama, Florida, Louisiana, Mississippi, Arkansas, Oklahoma, Arizona, New Mexico, California, Missouri, Kansas, Texas, and Tennessee. Approved February 15, 1939. DEED TO BLACK-BEARD ISLAND REQUESTED. No. 2. A RESOLUTION. Whereas, title to Black-beard Island, off the Coast of Georgia, is now lodged in the Government of the United States of America; and Preamble. Whereas, the said Black-beard Island comprising approximately 1500 acres was acquired by the United States in 1799 for the purpose of using the timber thereon for building wooded ships; and Whereas, it has not been used by the Federal Government for years for any practical purposes and today is of no value, good or service to the United States or any citizen thereof in its present condition; and Whereas, the said Black-beard Island consists mainly of five sand beaches approximately seven miles in lengths which would afford the State of Georgia a stretch of the very best beaches on the South Atlantic Seaboard; and Whereas, the said Black-beard Island could be developed into a splendid and attractive recreational and vacational spot for the people of our State by our State Government; and Whereas, by acquisition of this land by the State there would accrue to the State Government considerable money each year from the sale and rentals of property on this Island; therefore

Page 1424

Be it resolved by the House of Representatives, the Senate concurring, that the Governor be requested to immediately importune the Government of the United States to cede and deed the said Black-beard Island back to the State of Georgia; and also that a copy of this resolution be forwarded to each member of the Senate and House from Georgia in our National Assembly. Deed requested. Approved February 2, 1939. FEDERAL PURCHASE OF WAR MATERIALS. No. 21. A RESOLUTION. Whereas, the Congress of the United States has appropriated money for the purpose of employing citizens who otherwise would remain unemployed, as is indicated by Senate Bill S-1265, 76th Congress, the purpose of said legislation to conserve, develop and utilize the water, soil, forest and other resources of the United States and for other purposes; and Preamble. Whereas, Senate Bills S-572 and S-1187, 76th Congress, designed to appropriate money to provide for the common defense by acquiring stocks of strategic and critical raw materials, concentrates, and alloys essential to the needs of industry for the manufacture of supplies for armed forces and the civilian population in time of national emergency, and to encourage as far as possible the further development of strategic and critical mineral resources within the United States; and Whereas, Georgia is known to contain a great variety of minerals, many of which are known to exist in commercial quantities and a number of which may be classified as strategic minerals or critical raw materials; and Whereas, these said mineral resources have not been sufficiently investigated to fully determine their total

Page 1425

available quantity, average purity, or unit value, their commercial availability or the beneficiation which would be necessary to render them commercially available; Therefore, be it resolved by the House of Representatives, the Senate concurring, that legislation such as indicated in these two Bills is highly desirable and it is recommended that favorable action be taken on them; Investigation and purchase of manganese and other minerals. Be it resolved that the President and the Congress of the United States authorize through the proper respective federal agencies a State-wide project looking toward the thorough investigation and inventory of manganese and other minerals necessary for war time use; and; Be it further resolved that the President shall direct the Secretary of the Treasury or other designated agency to make purchases of manganese or other materials, concentrates and alloys which are available in Georgia, in accordance with the Acts of Congress applicable to such purchases. Approved March 20, 1939. GEORGIAN'S CREED. No. 17. A RESOLUTION. Whereas, the State of Georgia has never officially adopted a Georgian's Creed for the benefit of its citizens; and Preamble. Whereas, the adoption of a dignified and patriotic Georgian's Creed Would be of great help to all our citizens and particularly to the youth of our great State; and Whereas, the following Georgian's Creed composed by Mrs. A. H. (Sexta Eavenson) Strickland, one of Georgia's great patriotic leaders, has been adopted by the following patriotic organizations, to-wit:

Page 1426

Crawford W. Long Chapter, U. D. C., American Legion Auxiliary, Atlanta Unit, No. 1, American Legion, Atlanta Post, No. 1, Fifth District, American Legion of Georgia, Eight and Forty of Georgia, Waldo M. Slaton American Legion Auxiliary, Unit No. 140, Peachtree Hills Womans Club, Barrow County Chapter, United Daughters of the Confederacy, Elberton Chapter, Service Star Legion, Now therefore, be it resolved by the House of Representatives of the State of Georgia, the Senate concurring, that the following Georgian's Creed be adopted as the official Georgian's Creed for all citizens of our beloved State and its use authorized in all Georgia Schools and at any public or private meetings of the citizens of the State: Official Georgian's Creed. Accepting, as I do, the principles upon which Georgia was founded, not for self but others;its Democratic form of Government, based on `Wisdom, Justice and Moderation';its natural resources;its Educational, Social and Religious advantages, making it a most desirable place to liveI will strive to be a pure upright Citizen, rejecting the evilsloving and emulating the good. I further believe it is my duty to defend it against all enemies, to honor and obey its laws, to apply the Golden Rule in all my dealings with my fellow Citizens. I feel a sense of pride in the history and heroic deeds accomplished by my forebears, and shall endeavor to so live that my State will be proud of me for doing my bit to make my State a better Commonwealth for future generations. Approved March 4, 1939.

Page 1427

HIGHWAY BEAUTIFICATION. No. 3. A RESOLUTION. Memorializing the Congress of the United States to so amend the Clarke-McNary Act relating to reforestation as to authorize the appropriation and expenditure of funds for the purpose of making available slash pine or other nursery stock to civic clubs and political subdivisions of the State for the purpose of highway beautification; and for other purposes. Be it resolved by the House of Representatives, the Senate concurring, that Whereas, under the Clarke-McNary Act, slash pine and nursery stock are not now available to civic clubs and political subdivisions of this State for any purpose except of reforestation; and Preamble. Whereas, highway beautification is not considered a reforestation project within the terms and meaning of the Clarke-McNary Act; and Whereas, it is considered that the planting of slash pine or other nursery stock along the highways of this State by civic clubs or political subdivisions would attract attention and increase interest in reforestation projects, as well as add to the beauty of the highways and prevent erosion of the land adjacent thereto; It is therefore resolved by the House of Representatives, the Senate concurring, that the members of Congress from the State of Georgia be and are hereby requested to introduce appropriate legislation amending the Clarke-McNary Act so as to provide for sales of slash pine and nursery stock to civic clubs or political subdivisions of this State for the purpose of beautifying the highways, and that such beautification projects shall be considered, for all purposes of said Act, as reforestation projects. Request that Clarke-McNary Act be amended.

Page 1428

Be it further resolved that upon the adoption of this Resolution that the Clerk of the House of Representatives be, and he is hereby instructed to mail a copy of the same to each member of the Congress of the United States from Georgia. Approved February 3, 1939. JASPER COUNTY C. C. C. INVESTIGATION. No. 40. A RESOLUTION. Whereas, The Civilian Conservation Corps Camp has recently been removed from Jasper County, Georgia, because of misunderstanding and want of knowledge of all of the facts and circumstances, and whereas a production and publication of all documents and of sworn testimony of the true facts would disclose that the removal was improvident and, we believe, result in its return to Jasper County, and thus protect the best interest and good name of the county as well as the State, Preamble. Therefore be it resolved by the House of Representatives, the Senate concurring, that a committee of three be and it is hereby created and established, consisting of the Honorable R. F. Burch, Commissioner of the Department of Natural Resources, Honorable Braswell Deen, Director of the Department of Public Welfare, and Honorable Ellis G. Arnall, Attorney-General, for the purpose and with authority to inquire and determine whether any member of the Civilian Conservation Corps Camp while located in Jasper County, Georgia, within the past four (4) years, has been unlawfully arrested or imprisoned or otherwise subjected to unjust, unfair, and unlawful treatment by any official or citizen of Jasper County; whether there is any just cause for complaint on the part of any citizen or official of Jasper County

Page 1429

against the maintenance by the United States Government of said Civilian Conservation Corps Camp in Jasper County; whether any official of the United States has any just complaint against any official or citizen of Jasper County by reason of the arrest, treatment or imprisonment of any member of the Civilian Conservation Corps Camp in Jasper County during the past four years. Investigating committee. It is directed that public hearings at any place within the State, and at any time at the convenience of the committee, be had; and to enable said Committee to properly, fully, and effectively conduct such investigation, it is hereby empowered to subpoena witnesses, take depositions, require the production of documentary evidence by subpoena duces Tecum, to compel the attendance of witnesses and obedience to its summons and orders and to cite for contempt any disobedience to its order, to administer oaths and interrogate witnesses to the end that all available information and facts touching this matter be determined, and to render a report of its findings, as well as its conclusions of fact and law, based upon the record, to the Governor of this State, and without any expense to the State. Powers. Report. Approved March 24, 1939. KING GEORGE VI INVITED TO VISIT GEORGIA. No. 42. A RESOLUTION. Whereas, on June 9th, 1732, through the graciousness of King George II of England, a Charter was granted under his authority for the establishment of a Colony in the new land of America for the purpose of liberating men from oppression and wrong, and Preamble. Whereas, in recognition of the granting of this Charter this new Colony was given the name of Georgia to permanently

Page 1430

honor the King who granted its right to existence, and Whereas, since February 1st, 1733, when the small group of one hundred and thirty persons landed at Yamacraw Bluff, to give tangible expression to the rights granted by its Charter in the actual formation and origin of the Colony of Georgia; this Colony, from its meager beginning, has grown into a great and powerful sovereign State of a Mighty Nation due to ever holding fast to the fundamental principal of liberation of mankind from oppression and wrong, and Whereas, the namesake of the King under whose authority Georgia was given the right of birth, namely, King George VI and his Gracious Queen, are planning to cross the Atlantic and visit America, and Whereas, this is the first time in history since the crossing of those men and women who formed the Colony of Georgia, that the King of the Nation that gave that Colony its beginning has followed in their footsteps; we, the Legislature of the State of Georgia, representatives of its peoples, from the very depths of our hearts with utter sincerity, extend to His Majesty, King George VI and his Gracious Queen, our urgent invitation to honor the memory of those great men who, through the vision of their ideals, a journey of utter hardship and sacrifice; by repeating the course of that journey, sailing up the Savannah River and landing at Yamacraw, thence proceeding to the Capital of that now great Sovereign State, thereby linking with an indissoluble chain the revered and historical past with the great and powerful present. It is the earnest wish upon the memorable occasion of the visit of His Majesty, the King of England, to America, that he join hands and hearts with the people of the Sovereign State of Georgia in order that together they might write into history for posterity to read, their acknowledgment of the rendition of a great service by

Page 1431

his predecessor King George II in collaboration with the daring idealists who under the leadership of Oglethorpe carried into an actuality the authority of the Charter granted by the Sovereign. To the end that the desire of this expression may become in deed and in fact an actuality, we the House of Representatives of the State of Georgia, the Senate concurring, authorize the appointment of a special committee to present to his Majesty, King George VI, at an appropriate time, the official invitation of the State of Georgia to do us the honor to visit the State named for his forebear. Such invitation to be appropriately worded and inscribed upon permanent parchment that it may be preserved as a momento of a great occasion where peoples from all walks of life saw fit to pause a moment in the living of busy lives and pay their united respects to great ideals of a past generation of men. Committee to present invitation. Approved March 24, 1939. LAW BOOKS TO CATOOSA COUNTY. No. 45. A RESOLUTION. Whereas, certain volumes of the Supreme Court Reports and also of the Court of Appeals Reports belonging to Catoosa County, have been lost and misplaced and destroyed by use, and Preamble. Whereas, such books are badly needed in said County, and by the Court thereof in the interest of the orderly transaction of its business; Therefore be it resolved by the General Assembly of Georgia, and it is hereby resolved that the State Library furnish, and is hereby authorized to furnish to the County of Catoosa, without cost to said county, the following listed volumes:

Page 1432

Supreme Court Reports, two copies each of Volumes 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 22, 23, 24, 25, 26, 27, 28, 29, 32, 33, 34, 35, 36, 37, 38, 39, 40, 44, 48, 52, 55, 57, 60, 76, 85, 93, 111, 160, 164, 173, 184; and one copy each of Volumes 21, 31, 45, 47, 50, 51, 54, 56, 58, 59, 61, 62, 65, 69, 70, 71, 73, 75, 78, 79, 81, 86, 87, 88, 94, 96, 98, 101, 102, 108, 121, 126, 134, 136, 138, 142, 144, 146, 147, 148, 149, 152, 153, 154, 155, 156, 157, 158, 159, 162, 163, 165, 166, 167, 168, 170, 171, 172, 175, 176, 178, 179, 180, 182. Books specified. Court of Appeals Reports, two copies each of Volumes 16 and 32; and one copy each of Volumes 14, 15, 17, 18, 19, 20, 21, 22, 24, 25, 26, 27, 28, 29, 30, 31, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 46, 47, 48, 49, 52, 53, and 57. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 24, 1939. LAW BOOKS TO CITY COURT OF MACON. No. 50. A RESOLUTION. Whereas, because of the fact that a portion of the reports of both the State Court of Appeals and the Supreme Court of Georgia, furnished Bibb County for the use of the Judge of the City Court of Macon, the officers and members of the Bar practicing before said Court, have been lost and destroyed and have become useless and worn out through age and usage; that said city court of Macon sits in a court room other than the room occupied by the Superior Court of Bibb County. Preamble. Now, therefore, be it resolved by the General Assembly of Georgia that the Georgia State Librarian be, and she is hereby authorized to furnish to said City Court of

Page 1433

Macon, Bibb County, Georgia, the following volumes of the Supreme Court Reports: Books specified. Nos. 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, 70, 75, 83, 88, 93, 100, 105, 107, 111, 116, 119, 135, 145, 156, 157, 158, 160, 161, 162, 163, 167, 168, 185, 186; And the following volumes of the Georgia Appeals Reports: Nos. 13, 15, 22, 23, 28, 29, 30, 31, 32, 34, 35, 36. Approved March 24, 1939. LAW BOOKS TO CLAYTON COUNTY. No. 28. A RESOLUTION. Whereas, certain volumes of the Supreme Court Reports and also certain volumes of the Court of Appeals Reports belonging to the Superior Court Library of Clayton County, have been lost, misplaced and destroyed by us, and Preamble. Whereas, in the office of the Ordinary of Clayton County certain volumes of the Supreme Court Reports and certain volumes of the Court of Appeals Reports, have been lost, misplaced or destroyed by use, and Whereas, such books are badly needed by both courts in the interest of the orderly transaction of their business; Be it therefore resolved by the General Assembly of Georgia, that the State Librarian be, and she is hereby directed to supply volumes of the Supreme Court Reports for the Superior Court Library towit: 1 to 22 inclusive, 30, 31, 33 to 48 inclusive, 50 to 54 inclusive, 56, 58, 59, 61, 74, 75, 79, 90, 99, 154, also the following Reports of the Court of Appeals to-wit: 9, 44, 24. Books to Superior Court.

Page 1434

Be it further resolved by the General Assembly of Georgia that the State Librarian be and she is hereby authorized and directed to supply to the Library of the Court of Ordinary of Clayton County the following volumes of the Supreme Court Reports to-wit: 1 to 12 inclusive, 14 to 22 inclusive, 30, 36, 37, 38, 43, 44, 46, 49, 56, 90, 144 and also the following Reports of the Courts of Appeals to-wit: 9 and 44, when same are available. Books to Ordinary. The Clerk of the Superior Court of Clayton, is hereby made the custodian of all the volumes above listed to be supplied to the Superior Court Library of said County, to be kept by him for the use of the officers of the Superior Court of Clayton County. Custody. The Ordinary of Clayton County is hereby made the custodian of all the volumes above listed to be furnished to the library of the Court of Ordinary, to be kept by him for the use of the officers of said Court. Approved March 24, 1939. LAW BOOKS TO DADE COUNTY. No. 46. A RESOLUTION. Whereas, there are certain volumes of the Georgia Supreme Court Reports, together with the Code of Georgia, having been lost and destroyed, said law books being the property of Dade County, Georgia; and, Preamble. Whereas, said books are badly needed by said Dade County and the courts of said County in conducting the official business of said County, and by the lack of said books the business of the courts is hampered and delayed in the orderly transaction of its business. Therefore, be it resolved by the General Assembly of the State of Georgia, that the Georgia State Librarian

Page 1435

be and she is hereby authorized to furnish the Ordinary of Dade County, without costs to said County, the following volumes of Supreme Court Reports: Numbers 16, 17, 22, 23, 28, 37, 44, 58, 60, 61, 62, 68, 70, 93, 101, 118, 128, 133, 139. Also a copy of the 1933 Code of Georgia. Books specified. Be it further resolved that the Ordinary of said County is made the official custodian of said books, and that he shall give to the State Librarian his official receipt for said books upon their delivery to him. Custody. Approved March 24, 1939. LAW BOOKS TO DECATUR COUNTY. No. 35. A RESOLUTION. Whereas, the office of the Ordinary of Decatur County does not have a complete set of Georgia Supreme Court Reports or a complete set of Court of Appeals Reports to which it is entitled under the law of Georgia; and Preamble. Whereas, the volumes of said Reports missing from said office to which the Ordinary is entitled under the law of Georgia are as follows: Supreme Court 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, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 40, 42, 43, 44, 46, 48, 49, 50, 51, 52, 54, 55, 56, 57, 58, 60, 61, 62, 63, 64, 65, 68, 79, 93, 94, 97, 98, 99, 100, 107, 149, 179; Books specified. Court of Appeals Reports, Volumes: 6, 14, and 26. Therefore, Be it Resolved by the General Assembly of Georgia that the Georgia State Librarian be and she is hereby authorized to furnish to Decatur County without cost the law books above enumerated for the use of the

Page 1436

Ordinary of said County, and take the official receipt of said Ordinary for said books upon delivery. Approved March 24, 1939. LAW BOOKS TO EFFINGHAM COUNTY. No. 30. A RESOLUTION. Whereas, certain volumes of the Supreme Court reports belonging to Effingham County, have been lost and misplaced and destroyed by use, and Preamble. Whereas, such books are badly needed by the Courts in the interest of the orderly transaction of business; Be it therefore resolved by the General Assembly of Georgia, that the State Librarian be and she is hereby directed to supply the Ordinary of Effingham County, without cost volumes of the Supreme Court Reports, to wit: Books to Ordinary. 1 to 99 inclusive, and the following volumes of the Supreme Court Reports to Clerk of the Superior Court of Effingham County, without cost, to wit: Books to Superior Court. 1 to 68 inclusive, for the use of the respective offices and to take official receipts from said officers for the same, upon delivery. Provided that the State Librarian has on hand available for such purpose such books. Proviso. Approved March 24, 1939. LAW BOOKS TO EMANUEL COUNTY. No. 31. A RESOLUTION. Whereas, the cause of burning of the courthouse of Emanuel County and other causes beyond control of the

Page 1437

officials of Emanuel County, there is not a complete set of Georgia Reports or Court of Appeals Reports either in the office of the ordinary of Emanuel County or in the office of the Clerk of Emanuel Superior Court; and Preamble. Whereas, the business of the Superior Court of Emanuel County and the Court of Ordinary is hampered and delayed on account of said lack of said reports and also Georgia Laws: 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 and required to furnish to each the ordinary of Emanuel County, Georgia and to the Clerk of the Superior Court of Emanuel County without cost to the said county of Emanuel except a payment of packing and transportation charges, a complete set of the Georgia Supreme Court Reports and a complete set of the Georgia Court of Appeals Reports for the respective use of the ordinary's office and the office of the Clerk of Emanuel Superior Court and take official receipt from the ordinary and Superior Court of said County for the same upon delivery. Complete sets to Ordinary and Superior Court. Be it further resolved that the Georgia State Librarian be and she is hereby authorized to furnish to either of said officials all of the Georgia Laws available to her for said purpose in the same manner as provided in the foregoing section, also, to furnish each of the above named County Officials with a copy of the Code of 1933. Georgia Laws. Approved March 24, 1939. LAW BOOKS TO FLOYD COURTS AND ORDINARY. No. 43. A RESOLUTION. To authorize the State Librarian of the State of Georgia to furnish a set of Court of Appeals Reports and a set of

Page 1438

Supreme Court Reports to Floyd County, for the use of the Judge of the Superior Court in said County, and for the Bar in said County; to furnish certain missing volumes of the Court of Appeals Reports and certain missing volumes of the Supreme Court Reports to Floyd County, for the use of the Judge of the City Court of Floyd County and for the Bar in said County; to furnish certain missing volumes of the Court of Appeals Reports for the use of the Ordinary of said County and for the Bar in said County; and for other purposes. Whereas, it appears that due to the fact of constant carrying away and stealing of law books in the Court House of Floyd County and due to the loss and destruction of many certain volumes of the Court of Appeals Reports and Supreme Court Reports from the Library of the Superior Court, the City Court and the Court of Ordinary of Floyd County, Georgia, when the new Court House was under construction several years ago, said Superior Court of Floyd County is completely without a set of the Court of Appeals Reports and the Supreme Court Reports and the City Court Library of Floyd County and Court of Ordinary of Floyd County having certain missing volumes of both the Court of Appeals and Supreme Court Reports, as a consequence of the foregoing, and Preamble. Whereas, the business of the Superior Court, the City Court and the Court of Ordinary in said County is seriously hampered and delayed on account of such lack of said Reports, wherefore Be it resolved by the General Assembly of Georgia, that the State Librarian of the State of Georgia be and is hereby authorized to furnish to the Superior Court of Floyd County, without cost, a set of reports of the Supreme Court of the State of Georgia and a set of Reports of the Court of Appeals of Georgia for the use of the Superior Court of Floyd County and to furnish to the City Court

Page 1439

of Floyd County Volumes 56, 76, 77, 97, 131, 132, 135, 152, 153, 154, 155, 156, 157, 163, 164, 165, 166, 167, 168, 169, 170, 174, and 176 of the Supreme Court Reports of the State of Georgia and volumes 12, 23, 25, 30, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, of the Court of Appeals Reports of the State of Georgia, without cost, and to furnish to the Court of Ordinary of Floyd County volumes 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 22, 28, 32, 33, 34, 35, 36, 37, 38, 39, 46, 48, 50, 55, 57, 59, 60, 63, 66, 69, 70, 72, 73, 74, 75, 77, 82, 83, 87, 88, 91, 94, 96, 102, 103, 120, 125, 138, 150, 158, 164, 165, 171 and 175 of the Supreme Court Reports of the State of Georgia and volumes 1, 4, 7, 11, 18, 26, 33, 40, 41 and 42 of the Court of Appeals Reports of the State of Georgia, without cost, and take the official receipt of the incumbrance of said three offices therefor upon delivery thereof. Complete sets to Superior Court. Books specified to City Court and Ordinary. Approved March 24, 1939. LAW BOOKS TO GWINNETT AND TAYLOR COUNTIES. No. 38. A RESOLUTION. Whereas, certain volumes of the Supreme Court Reports also of the Court of Appeals Reports belonging to Gwinnett County, have been lost, misplaced and destroyed by use, and Preamble. Whereas, in 1935 and 1936 the Courthouse in Taylor County was razed for the purpose of constructing a new one; and Whereas, in the moving the equipment from the old building and into the new one certain Volumes of the Supreme Court Reports and also of the Court of Appeals Reports belonging to Taylor County were lost or destroyed, and

Page 1440

Whereas, such books are badly needed by the Courts in Gwinnett and Taylor Counties in the interest of the orderly transaction of its business; Be it therefore resolved, by the General Assembly of Georgia, that the State Librarian be and she is hereby authorized to supply the proper authorities of Gwinnett and Taylor Counties the following volumes of the Supreme Court reports, to wit: Books specified for each county. Gwinnett County: Volume Numbers: 8, 12, 13, 16, 21, 25, 30, 41, 44, 60, 59, 61, 62, 74, 77, 78, 79, 95, 99, 120, 130, 131, 132, 134, 149, 153, 154, 170. Taylor County: Volume Numbers: 2, 62, 63, 67, 70, 80, 87, 103, 127, 128, 130, 145, 151, 152, 155, 156, 161, 166, 173, 180. Also the following reports of the Court of Appeals, to wit: Gwinnett County: Volume Numbers: 18, 20, 32, 37, 49. Taylor County: Volume Numbers: 7, 15, 16, 18, 25, 27, 28, 30, 36, 38, 46, 47, 52, 53. The Clerks of the Superior Court of Gwinnett and Taylor Counties, Georgia, are hereby made the custodians of all of the volumes above listed, for the use of the Officers of the Superior Court of Gwinnett and Taylor Counties, respectively. Custody. Approved March 24, 1939. LAW BOOKS TO HABERSHAM COUNTY. No. 8. A RESOLUTION. Whereas, certain volumes of the Supreme Court Reports also of the Court of Appeals Reports belonging to Habersham

Page 1441

County, have been lost and misplaced and destroyed by use, and Preamble. Whereas, such books are badly needed by the Court in the interest of the orderly transaction of its business; Be it therefore resolved, by the General Assembly of Georgia, that the State Librarian be and she is hereby directed to supply the proper authorities of Habersham County the following volumes of the Superme Court reports to wit: Books specified. Nos. 19, 20, 21, 26, 34, 48, 61, 109, 127, 128, 130, 132, 139, 150, 157, 158, 159, 161, 164, 165, 166, 167, 173. Also the following reports of the Court of Appeals, to wit: Nos. 12, 49, 50, 51, 52, 55. The Clerk of the Superior Court of Habersham 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 Habersham County. Custody. Approved February 15, 1939. LAW BOOKS TO HABERSHAM COUNTY. No. 11. A RESOLUTION. Whereas, certain volumes of the Supreme Court Reports also of the Court of Appeals Reports belonging to Habersham County, have been lost and misplaced and destroyed by use, and Preamble. Whereas, such books are badly needed by the Court in the interest of an orderly transaction of its business; Be it therefore resolved, by the General Assembly of Georgia, that the State Librarian be and she is hereby

Page 1442

directed to supply, if the books are on hand, to the proper authorities of Habersham County the following volumes of the Supreme Court Reports, to-wit: Books specified. Nos. 19, 20, 21, 26, 34, 48, 61, 109, 127, 128, 130, 132, 139, 150, 157, 158, 159, 161, 164, 165, 166, 167, 173. Also the following reports of the Court of Appeals, to-wit: Nos. 12, 49, 50, 51, 52, 55. The Clerk of the Superior Court of Habersham 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 Habersham County. Custody. Approved February 21, 1939. LAW BOOKS TO HARALSON COUNTY. No. 20. A RESOLUTION. Whereas, certain volumes of the Georgia Supreme Court Reports as well as certain volumes of Georgia Laws belonging to Haralson County have become lost, misplaced and destroyed by long use, and Preamble. Whereas, these volumes are greatly needed in the conduct of the business of the Court in said County, Be it therefore resolved, by the General Assembly of Georgia that the State Librarian be and she is hereby directed to supply to the proper authorities in Haralson County the following volumes of Georgia Supreme Court Reports, when same are available, to-wit: Books specified. Nos. 4, 20, 21, 25, 29, 32, 34, 39, 42, 45, 54, 56, 57, 58, 59, 61, 64, 70, 72, 73, 74, 75, 81, 87, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 105, 108, 110, 113, 114,

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115, 120, 121, 123, 124, 125, 126, 129, 130, 131, 136, 140, 142, 144, 148, 150, 151, 152, 153, 154, 156, 157, 158, 159, 160, 161, 162, 163, 173, 175, 176, 177. Also volumes of Georgia Laws of the following years: Georgia Laws. 1904, 1913, 1915, 1917, 1924, 1926, 1928, 1929, 1930, 1932, 1934, 1936. Resolved further, That the Clerk of the Superior Court of Haralson County is hereby made the custodian of the volumes listed above, for the use of the officers of the Superior Court of said County. Custody. Approved March 16, 1939. LAW BOOKS TO MURRAY COUNTY. No. 24. A RESOLUTION. Whereas, because of natural wear and tear, loss and destruction, or other causes, some of the volumes of the Georgia Reports and Georgia Appeals Reports are missing from the Library of the Superior Court of Murray County, as hereinafter enumerated: Preamble. Therefore, be it resolved by the General Assembly of Georgia, and it is hereby resolved that the State Library furnish, and is hereby authorized to furnish to the County of Murray, without cost to said county, the following listed volumes: Books specified. Georgia Reports: 1, 2, 3, 6, 7, 11, 18, 19, 20, 21, 26, 27, 29, 30, 32, 34, 35, 36, 37, 38, 39, 40, 41, 44, 45, 48, 52, 55, 62, 63, 66, 68, 75, 80, 82, 95, 125, 151, 152, 156, 158, 180, 181 and 182. Also Georgia Appeals Reports, volumes 16, 25, 27, 28, 29 and 50. Approved March 20, 1939.

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LAW BOOKS TO MURRAY COUNTY. No. 33. A RESOLUTION. Whereas, because of natural wear and tear, loss and destruction, or other causes, some of the volumes of the Georgia Reports and Georgia Appeals Reports are missing from the library of the Ordinary of Murray County, as hereinafter enumerated: Preamble. Therefore, Be it Resolved by the General Assembly of Georgia, and it is hereby resolved that the State Library furnish, and it is hereby authorized to furnish to the County of Murray, without cost to said county, the following listed volumes: Books to Ordinary specified. Georgia Reports, volumes 1 to 28 inclusive, 32, 33, 34, 35, 36, 37, 38, 39, 40, 46, 48, 49, 51, 52, 54, 55, 59, 60, 61, 62, 63, 65, 67, 68, 70, 72, 79, 80, 88, 109, 126, 127, 150, 151, 153, 154, 155, 157, and 158. Also to said County for the Library of the Ordinary, the following Reports of the Court of Appeals, to-wit: 10, 14, 15, 19, 26 aud 30. Approved March 24, 1939. LAW BOOKS TO OCONEE COUNTY. No. 29. A RESOLUTION. Whereas, all of the law books of Oconee County were burned when the courthouse of said County was destroyed by fire in May, 1938; and Preamble. Whereas, such books are needed by the County to efficiently transact its business and that of the State;

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Therefore, be it resolved by the House of Representatives, the Senate concurring, that the State Librarian be and is hereby directed to supply to the Ordinary and Clerk of Superior Court of Oconee County, Georgia, an entire set of Georgia Supreme Court Reports and Georgia Court of Appeal Reports, when same are available. Complete sets to Ordinary and Superior Court. Resolved further that the Clerk of the County Commissioners of Oconee County, Georgia, is hereby made and named custodian of all of the said law books when delivered to the County Commissioners of Oconee County and shall preserve and keep the said volumes available for the use of officials of the said County. Custody. Approved March 24, 1939. LAW BOOKS TO SPALDING COUNTY. No. 32. A RESOLUTION. Authorizing the State Library to furnish, without cost, to the Clerk of the Superior Court of Spalding County certain enumerated volumes of the Georgia Supreme Court and the Georgia Court of Appeals Reports, and for other purposes. Be it resolved by the General Assembly of the State of Georgia in regular session assembled, and it is resolved that the State Librarian be and is authorized to furnish to the Clerk of the Superior Court of Spalding County, Georgia, without cost, the following numbered volumes of the Reports of the Court of Appeals of Georgia and of the Supreme Court of Georgia, to wit: Books specified. Volume 2 of the Court of Appeals of Georgia. Volumes 6, 8, 49, 77, 86, 93, 97, 115, 120, 121, 125, 130, 154, 159, and 169 of the Supreme Court Reports of Georgia. Approved March 24, 1939.

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PASSAGE OF FEDERAL EDUCATION BILL URGED. No. 22. A RESOLUTION. Whereas, there was introduced into the House of Representatives of the National Congress on January 31, 1939, H. R. 3517, A Bill to promote the general welfare through appropriation of funds to assist the States and Territories in providing more effective programs of public education, and Preamble. Whereas, the title of this bill provides that it may be cited as the Federal Aid to Education Act of 1939, and Whereas, this bill is receiving serious consideration by the National Congress, and Whereas, Section I in the Statement of Policy of this bill clearly states that, It is the primary purpose of this Act to assist in equalizing educational opportunities, among and within the States, insofar as the grants-in-aid to the States herein authorized will permit, without Federal control over the educational policies of States and localities, and Whereas, this bill will go a long way toward equalizing the educational opportunity given to the children of the various States and Territories of our own nation, and Whereas, the 1937 General Assembly of the State of Georgia on February 11, 1937 memorialized the National Congress on the question of Federal Aid to Education without Federal Control. Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that we favor the passage of the Federal Aid to Education Act of 1939 by the National Congress. Passage urged.

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Be it further resolved that copies of this Resolution be transmitted to the President of the United States and to each member of the Georgia delegation in the National Congress. Approved March 20, 1939. PROHIBITION OF CERTAIN IMPORTS URGED. No. 5. A RESOLUTION. Whereas, all civilization began with and will end with the plow, and Preamble. Whereas, when agriculture prospers, the nation prospers and plenty and peace rule the land, and Whereas, when agriculture is impoverished, despair, discontent and want stalk the country; and Whereas, cotton is still king and our southern states are dependent upon a market for their cotton crop as the only means by which they can materially prosper, and Whereas, coconut oil, peanuts, cotton seed and other foreign oils and fats are being imported into this country to directly compete with cotton seed oil to the detriment of our southern farmers; and Whereas, the importation of jute into this country is invited, sponsored and condoned by certain interests who do not have the welfare of the farmers and American agriculture at heart, and Whereas, the said jute directly competes with cotton in our domestic markets, and Whereas, when the Southern farmer prospers in the economic flow, his prosperity moves to the money markets

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of the East, and the East in turn receives prosperity from the hands of the Southern farmers, and the prosperity of the East and South, in turn, causes the other sections of this great country to prosper; Therefore, be it resolved by the House of Representatives, the Senate concurring, that the United States Congress be memorialized to prohibit the importation of coconut oil, peanuts, cottonseed, and other foreign oils and fats into this country, and further, that the importation of jute be curtailed and prohibited. Prohibition of certain imports urged. Be it further resolved that a copy of this resolution be transmitted to each member of the Georgia Congressional Delegation in the Congress, and that they be urged to launch a movement in the Congress to bring about the prohibitions herein suggested. Approved February 10, 1939. REGULAR SESSION CONVENED. No. 1. A RESOLUTION. Whereas, the General Assembly has convened for the ten days session and by reason of the Constitutional provisions no general legislation can be passed upon at such session; and Preamble. Whereas, several important and pressing matters are confronting the State and need the immediate attention of the General Assembly. Therefore be it resolved by the Senate, the House of Representatives concurring, that the Georgia General Assembly reconvene for the transaction of general business, as provided by law, Thursday, January 19th, 1939, at 10 o'clock A. M., in regular session. Regular session. Approved January 18, 1939.

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RETURN OF LOCOMOTIVE GENERAL. No. 37. A RESOLUTION Whereas, the Old Locomotive, General, was stolen from Big Shanty in Cobb County, Georgia by Federal Soldiers during the Civil War; and Preamble. Whereas, at the time said Locomotive was stolen it was and now is the property of the State of Georgia; and Whereas, said Locomotive General has great historic value and has received national acclaim because of its historic value; and, Whereas, said Locomotive General is now situated in the City of Chattanooga, State of Tennessee; and Whereas, the State Government is now developing a vast National Memorial Park in Cobb County memorializing the battle of Kennesaw Mountain; and, Whereas, the history of said Locomotive General is a part of the history of the Battle of Kennesaw Mountain; and Whereas, it is the desire of all concerned to have said Locomotive General placed at the point from which it was stolen by Federal soldiers during the Civil War in order that it might be viewed by persons visiting said National Park when it is completed; and Whereas, to do so, it would bring this historic Locomotive General back to Georgia where it rightfully belongs; and Whereas, the people of the town of Kennesaw, Cobb County, Georgia, formerly Big Shanty, are willing to build proper housing facilities to protect and display said Locomotive General;

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Now therefore be it resolved by the House, the Senate concurring, that the State of Georgia cause said Locomotive General to be removed from the City of Chattanooga, Tennessee to the town of Kennesaw, Georgia, formerly Big Shanty, and place and keep there as a part of the Kennesaw Mountain Memorial Park. Removal to Kennesaw. Be it further resolved that said Locomotive General be removed to the town of Kennesaw as soon as the citizens of the town of Kennesaw prepare proper housing quarters for said Locomotive. Approved March 24, 1939. SALE OF STATE OWNED LAND. No. 34. A RESOLUTION. Authorizing the Governor acting for and on behalf of the State of Georgia to sell and dispose of a certain tract of land located on Murphy Avenue and Sylvan Road in the City of Atlanta, now held by the State for the development of a farmer's market by the Agricultural Department. Whereas, sometime ago the Agricultural Department, acting for and on behalf of the State of Georgia, purchased a tract of land consisting of approximately sixteen (16) acres known as the Roberts property on Murphy Avenue and Sylvan Road, Atlanta, Fulton County, Georgia, to be used for the locating and building thereon a Farmer's Market; and Preamble. Whereas, said tract has not been developed by the State nor has said market been built thereon, nor any improvements made; and, Whereas, the said tract is located and is adjacent to a residential section of the City of Atlanta, a public school and a public park, and approximately ninety-five (95%)

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per centum of the adjacent neighborhood is residential property; and Whereas, a large majority of the residents of said section and the civic organizations in said section of the City of Atlanta have protested against the location and erection of a Farmer's market on said tract; and, Whereas, there are many other places in the City of Atlanta that are desirable and convenient upon which a farmer's market could be erected without interfering with the value of other properties and without protest from persons residing in the vicinity; and, Whereas, before the aforesaid tract can be sold by the State of Georgia, the General Assembly must authorize said sale; and, Whereas, it is deemed to be to the best interest of the State that said property be sold and a new location obtained; Now, therefore, be it resolved by the House of Representatives, with the Senate of Georgia concurring, as follows: Sale of land. 1. That His Excellency, the Governor, be and is hereby authorized for and on behalf of the State of Georgia, to sell that certain tract or parcel of land owned and held by the State, consisting of approximately sixteen (16) acres, located on Murphy Avenue and Sylvan Road in Atlanta, Fulton County, Georgia, provided that said property be not sold for less than the actual amount of money that the State has invested in said property. Upon the sale of said property, the Governor, acting for the State of Georgia, is authorized to make a good and sufficient conveyance to the purchaser or purchasers. 2. That the Governor shall advertise this property in at least two of the larger papers of the city for at least sixty days and ask for bids and shall accept the highest bid.

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3. That upon the sale of such property, the Governor, acting with the Commissioner of Agriculture, is authorized to use the proceeds or whatever part of same is necessary for the purchase of other property in the City of Atlanta to be used for the establishment of a Farmer's Market. Purchase of other site. Approved March 24, 1939. SAVANNAH RIVER DAM. No. 6. A RESOLUTION. By the General Assembly of Georgia, urging the President of the United States to expedite construction of the power and flood control dam on the Savannah River nearl Clark's Hill. Whereas the feasibility of the construction of a power and flood control dam across the Savannah River near Clark's Hill has been repeatedly determined and recommended; Preamble. And whereas such decisions and recommendations were contained first in a report of Army Engineers, acting pursuant to a Congressional Resolution, approved in 1927, and subsequently by a report of an executively appointed Board, assisted by distinguished economists and engineers; And whereas by executive direction the National Resources Board has made a complete investigation and study of all of the facts and reports, and said Board has endorsed and recommended that the Clark's Hill project be put in Group 1 for immediate construction; And whereas the Federal Power Commission has rendered a highly favorable report and recommendation based on a study of the potential market for the sale of electric energy within the area to be affected;

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And whereas the citizens of Georgia and of our sister State of South Carolina are entitled to receive the benefits that will injure, as well as, the protection to be afforded by the construction of a dam across the longest river in the United States on the Atlantic Seaboard; And whereas the unquestioned feasibility, propriety and wisdom of its construction has been fully demonstrated by the many reports of those best qualified to inquire into such matters. Now, therefore, be it resolved by the House of Representatives of Georgia, the Senate concurring, that we respectfully urge the President of the United States to use his good offices in expediting the construction of the proposed flood control and power dam across the Savannah River near Clark's Hill, inasmuch as the claims of the two States affected, for the protection and public benefits afforded, have been recognized and recommended repeatedly over a period of several years. Construction of proposed dam urged. Be it further resolved, that certified copies of these resolutions be forwarded to President Franklin D. Roosevelt; Honorable Harold L. Ickes, Secretary of Interior; Honorables Walter F. George and Richard B. Russell, Jr., United States Senators from Georgia; Honorable Paul Brown, Representative in Congress from the Tenth Congressional District of Georgia; Honorable Frank R. McNinch, Chairman of the Federal Power Commission; Honorable Roger B. McWhorter, Chief Engineer of the Federal Power Commission; Honorables E. D. Smith and J. F. Byrnes, United States Senators from South Carolina; Honorable H. P. Fulmer, Representative in Congress from the Second Congressional District of South Carolina, and Honorable Butler B. Hare, Representative in Congress from the Third Congressional District of South Carolina. Approved February 10, 1939.

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SHAD TAKEN BY NETS. No. 44. A RESOLUTION. Resolved by the General Assembly of Georgia that under authority of Code Section 45-109 which gives the State Commissioner authority to regulate, prohibit, or restrict in time, place, character or dimensions, the use of nets, appliances, apparatus and all means employed in taking fish or any kind of sea-food, and to regulate the seasons during which the various species may be taken in the several waters of the State, that the Commissioner of Game and Fish be requested to fix the time within which shad may be taken by nets from the several waters of the State, (with the exception of the St. Marys River) as from January 23, 1939 to March 23, 1939, both inclusive. Commissioner requested to fix time for taking shad in nets. Approved March 24, 1939. SIDNEY LANIER BRIDGE. No. 26. A RESOLUTION. Whereas, Sidney Lanier, an outstanding Georgia poet, in his poem, Song of the Chattahoochee, immortalized the beauties of the Chattahoochee River, which river rises in Habersham County: Preamble. Be it resolved by the General Assembly of Georgia, that the bridge over the Chattahoochee River between Habersham and White Counties, be named The Sidney Lanier Bridge, and the State Highway Department is hereby authorized and directed to mark said bridge with a suitable plaque or marker, in cooperation with the civic organization of Habersham County, said plaque or marker to bear the following inscription: Memorial bridge.

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Dedicated to the Memory of Sidney Lanier. Approved March 20, 1939. STONE MOUNTAIN MEMORIAL HIGHWAY. No. 48. A RESOLUTION. To officially designate State Highway Route 10 from Athens, Georgia, via Monroe and Stone Mountain to Atlanta, Georgia, as The Stone Mountain Memorial Highway. Be it resolved by the General Assembly of Georgia that the highway from Athens to Atlanta via Monroe and Stone Mountain, State Highway Route 10, is hereby designated and named The Stone Mountain Memorial Highway and the State Highway officials and other State agencies are directed that on all maps and publications they shall refer to said highway as The Stone Mountain Memorial Highway. Memorial highway. Approved March 24, 1939. SURETY ANDERSON RELIEVED. No. 15. A RESOLUTION. To authorize the Ordinary of McDuffie County to refund to Surety B. H. Anderson the money paid by said Surety to McDuffie County by reason of having signed an appearance bond for one Raymond Jackson, and for other purposes. Whereas, B. H. Anderson did sign a surety or appearance bond for one Raymond Jackson in McDuffie County in 1937, returnable to the superior court of said county, the said Jackson being charged with a misdemeanor, in

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violation of the Prohibition Laws, which said bond was for $100 principal, Preamble. And whereas said Anderson later paid said bond and costs of the Sheriff of McDuffie County, which was later paid by the sheriff to the Ordinary of McDuffie County, And whereas the said Jackson having fled to the State of Tennessee as a fugitive from justice, prior to the time when said Anderson paid said bond, and the said Anderson having later paid all costs expended in said case in which said Jackson fled, Therefore, be it resolved by the General Assembly of Georgia that the Ordinary of McDuffie County is hereby authorized to refund to said B. H. Anderson all sums expended by him as principal in said case, upon the said Anderson's payment of any and all other and further costs accrued since the time of payment of the principal and costs. Refund. and Be it further resolved that under no circumstances shall any money be expended by the State of Georgia by reason of the passage of this resolution. Approved March 3, 1939. SURETY HAIR RELIEVED. No. 39. A RESOLUTION. Whereas, Dr. W. B. Hair did on August 7, 1937, become surety for the appearance of L. N. Roberson, at the September term, 1937, of the City Court of Floyd County, to answer an accusation charging him with the offense of driving while intoxicated, a misdemeanor, and whose bond was for the sum of $250.00, and which said bond was forfeited by reason of the non-appearance of the said L. N. Roberson, and a rule nisi having been taken thereon

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at the September term, 1937, and a rule absolute at the December term, 1937, of said City Court of Floyd County, and an execution did duly issue upon said forfeiture; and Preamble. Whereas, the said L. N. Roberson did leave this State, going first to Alabama and thence to South Carolina; and the said Dr. Hair did employ a private detective, A. B. Taylor, to locate and return the said Roberson and place him in custody of the Sheriff of Floyd County, which was done on the 8th day of December, 1938, at a cost to the said Dr. Hair of more than $100.00. Now, therefore, be it resolved by the General Assembly of Georgia, the House of Representatives and Senate concurring, That the said Dr. W. B. Hair, surety as aforesaid on the bond of the said L. N. Roberson, in the sum of $250.00, be and hereby he is fully relieved from any and all liability on said bond, together with all accrued costs; and the Clerk of the City Court of Floyd County is hereby authorized and instructed to mark the execution issued upon the said forfeiture and said rule absolute cancelled and satisfied upon the records of said court and Floyd County, Georgia. Relief. Approved March 24, 1939. SURETY HAIR RELIEVED. No. 49. A RESOLUTION. Whereas, Dr. W. B. Hair did become surety for the appearance of Roosevelt Shropshire, who was indicted at the September term, 1937, of the Superior Court of Chattooga County, Georgia, charging him with the offense of violating the liquor laws of Georgia, and whose bond was for the sum of $300.00; and said bond was forfeited by reason of the non-appearance of said Roosevelt Shropshire and a rule nisi having been taken thereon at

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the September term, 1937, and a rule absolute at the December term, 1937, of City Court of Chattooga County, to which the case was transferred, and an execution did duly issue upon said forfeiture; and Preamble. Whereas, the said Roosevelt Shropshire did leave Chattooga County and his whereabouts being unknown, the said Dr. Hair did employ a private detective, A. B. Taylor, to locate and return him to custody of the Sheriff of Chattooga County; which was done on the 22nd day of December, 1937 at a cost to the said Dr. Hair of more than $40.00. And the said Roosevelt Shropshire, on the 9th day of March 1938, did enter plea of guilty and was fined $40.00, or sentenced to serve three months on the public works. Now therefore, be it resolved by the General Assembly of Georgia, the House of Representatives and Senate concurring, That the said Dr. W. B. Hair, surety as aforesaid on the bond of the said Roosevelt Shropshire, in the sum of $300.00, be and he hereby is fully relieved from any and all liability on said bond, together with all accrued costs. And the Clerk of the City Court of Chattooga County is hereby authorized and instructed to mark the execution issued upon the said forfeiture, and said rule absolute, cancelled and satisfied upon the records of said court and Chattooga County, Georgia. Relief. Approved March 24, 1939. TAX REFUND. No. 16. A RESOLUTION. To authorize the State Tax Commissioner to refund capital stocks tax paid, through error, by George E. Gary, doing business under the trade name of Morgan Plan Bank.

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Whereas, George E. Gary, doing business under the trade name of Morgan Plan Bank at Rome, Georgia, was assessed in Floyd County, Georgia, as a corporation the sum of $30.00 per year for the years 1931 and 1937 inclusive under the Corporation Capital Tax Act 1929, pages 84, 85; 1931, Extra Session, page 76; and which taxes were paid by the said George E. Gary to T. E. Clemmons, Tax Collector of Floyd County, Georgia, and said taxes were paid into the Treasury of the State of Georgia, and Preamble. Whereas, the Morgan Plan Bank was owned and operated by said George E. Gary and was not incorporated and the said George E. Gary, operating as the Morgan Plan Bank was not liable for the payment of said taxes, and Whereas, the same have never been refunded to the said George E. Gary. Now therefore, be it resolved by the General Assembly of Georgia that the Tax Commissioner of the State of Georgia be, and he is hereby authorized to pay the said George E. Gary, doing Business under the trade name of the Morgan Plan Bank, the Two Hundred Ten and no/100.....($210.00)..... Dollars, paid by him for said illegal taxes, and that he be reimbursed in said amount. Reimbursement authorized. Approved March 4, 1939. TELFAIR CLERK'S BOND. No. 18. A RESOLUTION. Whereas, under the law applicable to this, Telfair County, the Clerk of the Superior Court of said County and his deputy are required to give surety bond, and it appears fair that the county should pay the premiums on such bonds: Preamble.

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Therefore be it resolved by the General Assembly of Georgia, that the premium on the bonds of said Clerk and Deputy Clerk be paid by and from county funds, and that it is directed that the County Commissioner of said county or other fiscal officer in charge of the financial affairs of said county be authorized to issue warrants for the respective amounts of said bonds, and that said Clerk of the Superior Court of Telfair County be reimbursed for any sum or sums expended by him for said bonds for the year nineteen hundred and thirty nine. County to pay premiums on bonds of clerk and deputy. Approved March 8, 1939. TIME LIMIT FOR AUTOMOBILE TAGS EXTENDED. No. 7. A RESOLUTION. Whereas, it has always been customary to extend the time limit for obtaining of new tags for motor vehicles, and Preamble. Whereas, this extension of time is always highly appreciated by the people of this State, and a great help to many of them, Be it therefore resolved, by the House of Representatives, the Senate concurring, that the time limit for obtaining new automobile tags for 1939, be and the same is hereby extended until February 15th. Extension of time. Approved February 10, 1939.

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USE OF GUM SPIRIT TURPENTINE URGED. No. 25. A RESOLUTION. Whereas the Commodity Credit Corporation now owns and controls large quantities of gum spirits turpentine, and Preamble. Whereas these products can be used advantageously in the thinning of paint etc, and Whereas the U. S. Navy is now undertaking an expansion Naval Program and will have the need for large quantities of paint thinners, and Whereas because of the large quantities of gum spirit turpentine now being held and controlled by the Commodity Credit Corporation the price of these commodities are below cost of production, and there is no chance for a rise in prices until and unless this surplus is disposed of in some manner. Now therefore be it resolved by the House of Representatives, the Senate concurring that we urge the Honorable Carl Vinson, chairman of the Congressional Committee on Naval affairs, to use every effort to have the Navy Department to specify the use of gum spirit turpentine as a paint thinner in its expansion and regular program. Turpentine urged as paint thinner. Be it further resolved that we request the Governor of Georgia to urge the Honorable Carl Vinson to use his best efforts in that direction. Be it further resolved that a copy of the resolution to be sent to the Honorable Carl Vinson by the Clerk of the House. Approved March 20, 1939.

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SUPREME COURT OF GEORGIA HON. CHARLES S. REID Chief Justice HON. SAMUEL C. ATKINSON Presiding Justice HON. R. C. BELL Associate Justice HON. W. F. JENKINS Associate Justice HON. WARREN GRICE Associate Justice HON. W. H. DUCKWORTH 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. HOMER 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 1939 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. E. POMEROY, VIRLYN B. MOORE, HUGH M. DORSEY, PAUL S. ETHERIDGE, WALTER C. HENDRIX, A. L. 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. R. L. DAWSON, Solicitor-General, Ludowici. 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. GLENN THOMAS, 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 fourth 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. JOHN C. MITCHELL, Judge, Dalton. 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. O. T. GOWER, Judge, Cordele. 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 February, 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 and August. 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.

Page 1466

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, first Monday in May, third and fourth Mondays in August, and first and second Mondays in November. 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. CHESTER A. BYARS, 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 April and October. MIDDLE CIRCUIT. HON. R. N. HARDEMAN, Judge, Louisville. W. H. LANIER, Solicitor-General, Metter.

Page 1467

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. NORTHEASTERN CIRCUIT. HON. ROBERT McMILLAN, Judge, Clarkesville. G. FRED KELLEY, Solicitor-General, Gainesville. 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. CLARKE EDWARDS, Jr., Judge, Elberton. 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. J. B. JACKSON, Judge, Gray. C. S. BALDWIN, Jr., Solicitor-General, Madison. BaldwinSecond Mondays in January and July. GreeneFourth Mondays in January, April, July, and October. HancockFourth Mondays in March and September. JasperSecond Mondays in February, August, and November. JonesThird Mondays in April and October. MorganFirst Mondays in March, June, September, and December. PutnamThird Mondays in March and September. WilkinsonFirst Mondays in April and October.

Page 1468

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. * * See No. 228, page 440. PATAULA CIRCUIT. HON. CHARLES W. WORRILL, Judge, Cuthbert. R. A. PATTERSON, Solicitor-General, Cuthbert. ClayThird Mondays in March and September. EarlyFirst Mondays in April and October. MillerFourth Mondays in April and October. QuitmanFourth Mondays in March and September. RandolphFirst Mondays in May and November. SeminoleThird Mondays in April and October. TerrellFirst Mondays in June and December. PIEDMONT CIRCUIT. HON. CLIFFORD PRATT, Judge, Winder. B. FRANK SIMPSON, Solicitor-General, Norcross. BanksThird Monday in March, and second Monday in November. BarrowThird Mondays in January, April, July, and October. GwinnettFirst Mondays in March, June, September, and December. JacksonFirst Mondays in February and August.

Page 1469

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 January, April, July, and October. SOUTHWESTERN CIRCUIT. HON. WILLIAM M. HARPER, Judge, Americus. E. L. FORRESTER, Solicitor-General, Leesburg. LeeFirst Mondays in May and November. MaconSecond Mondays in May and November. SchleySecond Mondays in April and October. StewartThird Mondays in April and October. SumterFourth Mondays in May and November. WebsterFirst Mondays in April and October. STONE MOUNTAIN CIRCUIT. HON. JAMES C. DAVIS, Judge, Stone Mountain. ROY C. LEATHERS, Solicitor-General, Decatur. ClaytonThird Mondays in February, May, August, and November. DeKalbFirst Mondays in March, June, September, and December. NewtonFirst Monday in January, and third Mondays in March, July, and September. RockdaleThird Monday in January, and first Mondays in April, July, and October.

Page 1470

TALLAPOOSA CIRCUIT. HON. WM. W. MUNDY, Judge, Cedartown. 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. BrantleyThird Monday in January, and first Monday in September. 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 1471

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 1473

INDEX A ABBEVILLE Indebtedness 813 ACTIONS Interventions 344 Libel 343 Real property, lis pendens 345 AGRICULTURAL PRODUCTS Carriers excepted 207 AGRICULTURAL PURSUIT Growing of trees 240 AGRICULTURE Site of Farmers' Market 1450 ALBANY Pensions 814 School tax 819 ANDERSON, B. H. Relieved as surety 1455 ANIMALS See Game. Goats at large 321 , 322 , 323 , 324 , 325 Trapping 382 APPLING COUNTY Commissioner 501 APPROPRIATIONS Department of Public Welfare 93 For interest on temporary school loans 91 Indemnity to cattle owners 93 Law books for Hall, Emanuel, and Oconee Counties 91 Supervisor of Purchases 176 ATHENS City Court 447 Firemen's pensions 821

Page 1474

ATHLETIC COMMISSION Abolished 241 ATKINSON COUNTY Salaries 507 ATLANTA Approval of traffic ordinances 836 Assessments and returns 835 Civil service 841 Delinquent tax returns 831 Grady Hospital 837 Inspector of Weights and Measures 833 Land conveyed to Beaudry 839 Limits extended 840 , 858 Mayor 833 Mayor pro tem 830 Municipal Court 449 Notice of claims 835 Park property, sale prohibited 862 Police, suspension 839 Primary elections 309 Reinstatement of employees 829 Revenue certificates; constitutional amendment 8 Salary increases 837 Terms of office 863 Transfers in pension system 833 Vacancies 836 Veto, partial 836 Veto, vote to override 835 ATLANTIC COASTAL HIGHWAY Highway District 415 AUGUSTA Budget Commission 865 Hospital Trustees 871 Temporary loans 873 Temporary loans; constitutional amendment 11 Zoning 876 AUTOMOBILES Drivers licenses 139 Driving regulations 295 Reflectors 299 Tags 182

Page 1475

AUTOMOBILE TAGS Time limit extended 1460 To promote State 182 B BACON COUNTY Refunding bonds; constitutional amendment 14 BAILIFFS Special criminal 368 BALDWIN COUNTY Vacancies on Board 510 BANG'S DISEASE Indemnity for reaction to test 93 BANKRUPTCY Record of proceedings 242 BANKS Private 360 BARNESVILLE Zoning 877 BAXLEY City Authority 878 City Authority, amendments 898 Waterworks 899 BELTON Taxes 900 BERRIEN COUNTY Physician 510 BIBB COUNTY Temporary assistants 511 BILL OF RIGHTS Ratified 1414 BIRCHMORE, FRED A. Trophies at World's Fair 1414

Page 1476

BLACK-BEARD ISLAND Deed requested of U.S. 1423 BLACKSHEAR Refunding bonds; constitutional amendment 16 BLECKLEY COUNTY Depository 512 BLECKLEY MOUNTAIN Named 244 BOARDS OF EDUCATION Election 270 , 271 Election in certain counties 190 Election of members repealed 269 Temporary loans by Fulton, Floyd, and DeKalb Counties 83 BOARD OF MEDICAL EXAMINERS Members 226 BOARD OF PENAL CORRECTIONS Created 106 BOARD OF PHARMACY Amendments 228 BOARD OF PUBLIC WELFARE Surplus products 392 BOARD OF REGENTS Condemnation by 411 BOATS Commercial fishing, licenses 185 BONDS See Constitution, Proposed Amendments; also county and municipal local acts. Housing Authorities 122 , 124 Refundinghighway certificates; constitutional amendment 47 School bonds legal investment 366 Validating Act 177 BOWDON Refunding bonds; constitutional amendment 18 Registrars 901

Page 1477

BRANTLEY COUNTY Superior Court Terms 432 Tax commissioner 516 Treasurer 517 BRIDGES Purchase by State 430 BRUNSWICK Park property 907 Pensions 904 Registration of voters 904 BRUNSWICK CIRCUIT Reporter 804 BUDGET In counties 272 BUILDING REGULATIONS Certain counties 245 , 248 BUTTS COUNTY Quorum of Board 518 Superior Court terms 433 C CAIRO City court 453 CAMDEN COUNTY Court clerks bond 518 Intracoastal waterway 519 Zoning 520 CANDIDATES For General Assembly 303 , 304 State Senate 311 CANTON Special Taxes 909 CARROLL COUNTY Tax commissioner, expenses 533

Page 1478

CARROLLTON Refunding bonds; constitutional amendment 21 CATTLE OWNERS Appropriation for indemnity 93 CHARTERS OF CORPORATIONS Renewal, extension, revival 250 CHATHAM COUNTY Militia Districts 536 Salary of woman bailiff 535 Widows' pensions 537 CHATTAHOOCHEE COUNTY Tax commissioner 538 CHATTANOOGA VALLEY ROAD Highway addition 413 CHAUFFEURS DRIVING LICENSES Permit 140 CHIROPRACTORS Educational requirements 252 CITY COURTS 447 498 CIVIL SERVICE Fulton County; constitutional amendment 36 In cities 253 In county schools 258 CIVILIAN CONSERVATION CORPS Jasper County investigation 1428 CLAYTON COUNTY Powers of Ordinary 540 Zoning 542 CLINCH COUNTY Sheriff's bond 545 COASTAL HIGHWAY DISTRICT Continuation 415 Continuation; constitutional amendment 23

Page 1479

CONFEDERATE PENSIONS AND RECORDS Division created 110 CONFEDERATE SOLDIERS Pensions 189 COFFEE COUNTY Tax collector abolished 546 Tax receiver abolished 547 Tax commissioner 548 COLLEGE PARK AND EAST POINT School bonds assumed by Fulton 28 COLQUITT City court 455 COLUMBIA COUNTY Tax commissioner 550 COLUMBUS City Court 456 Mill structure over bridge 910 Motts Green, sale 915 CONDEMNATION By housing authorities 121 By Regents 411 For State Aid roads 187 CONSERVATION County tax for 201 CONSTITUTION Publication of amendments 305 * * All approved 1n election held June 6,1939. CONSTITUTION, PROPOSED AMENDMENTS Atlanta revenue certificates 8 Augusta temporary loans 11 Bacon County refunding bonds 14 Blackshear refunding bonds 16 Bowdon refunding bonds 18 Carrollton refunding bonds 21 Coastal Highway District 23 East Point and College Park school bonds 28

Page 1480

Fitzgerald tax levy for promotion 31 Fulton County, chief clerk for officers 33 Fulton County civil service 36 Fulton County retirement and pension fund 39 Grady County warrant refunding bonds 41 Greenville refunding bonds 45 Highway refunding bonds 47 Kite School District refunding bonds 50 Macon debt certificates 52 Nashville refunding bonds 54 Ocilla refunding bonds 56 , 58 Pearson refunding bonds 60 Quitman debt certificates 62 Quitman refunding bonds 65 Ray City refunding bonds 67 Reidsville School District refunding bonds 70 Savannah water system bonds 72 Savannah land purchase bonds 75 Superior Courtshearings in vacation 78 Superior Courtssalary of judge in DeKalb County 79 Sylvania refunding bonds 81 Temporary loans by Fulton, Floyd, and DeKalb Boards of education 83 Tift County hospital bonds 85 Willie School District refunding bonds 88 CONSTITUTION OF UNITED STATES Bill of Rights ratified 1414 CONTEMPT OF COURT Supersedeas 260 CONTRACTS Between counties and cities 261 Between office holder and municipality 263 County, free labor 193 CONYERS Clerk 918 COOLIDGE Elections 919 COOPERATIVE INSURANCE EXCHANGES Establishment 265

Page 1481

COOPERATIVE MARKETING ASSOCIATIONS Powers enlarged 350 CORDELE City charter 920 CORPORATIONS Renewal of charters 250 Title insurance 376 COTTON Federal legislation urged 1419 COUNTIES See local laws. Board of Education, election 190 , 269 , 270 , 271 Budgets in certain counties 272 Building and zoning laws 245 , 248 Contracts, free labor 193 Contracts with other counties and cities 261 Court reporters 805 Highway certificates, discount 326 Official organ 209 Ordinaries' fees 210 Police pensions 278 Subdivisions 368 Superintendent of schools, office space 195 Superintendent of schools, qualifications 196 Superintendent of schools, report to grand jury 198 Taxes, care of sick 200 Taxes, conservation 201 Taxes, pauper 199 Teachers' retirement 372 Treasurers' commissions 277 Zoning 403 , 406 COUNTY COURTS 447 498 . COURTS See City, County, and Municipal Courts; Superior Courts; also local acts relating to municipal corporations. Attendance of witnesses 181 COURT CLERKS Photostatic records 354 COURT COSTS Divorce cases 293 , 294

Page 1482

COURT REPORTERS 804-807 . COWETA COUNTY Names of two residents changed 553 CRABS Taking restricted 367 CREED Georgians' 1425 D DAHLONEGA Paving assessments 964 DALLAS Town charter 968 DALTON Police salaries and bond 967 Street duty abolished 967 , 968 Zoning 965 DAM Savannah River 1452 DANGEROUS DRUG ACT 288 . DAWSON COUNTY Highway addition 426 DECATUR Attendance fees of officers 1008 Limits extended 1002 , 1006 DEEDS Municipal tax sales 226 DEKALB COUNTY Addition to salary of judge 79 Civil Court 449 Commissioner 553 Temporary loans by board of education 83 DEPOSITIONS In territories and insular possessions 290

Page 1483

DIVORCE Advance costs deposit 293 , 294 Residents of army posts 203 DOCTORS Aliens 319 DODGE COUNTY Commissioner's clerk 555 Ordinary, salary as treasurer 558 Primary elections 557 DOERUN Qualified voters 1010 DOUGLAS Bond issues 1011 City court 457 City limits 1013 DOUGLAS COUNTY Compensation of Commissioners 559 Treasurer's bond 560 DRIVERS Traffic regulations 295 DRIVERS LICENSES 139 . DRUGS Dangerous drug act 288 Inspection, etc. 228 DRUG INSPECTOR Appointment 228 DUBLIN City court 460 , 462 Civil service abolished 1014 Water revenue 1015 DUBLIN CIRCUIT Solicitor-General 795

Page 1484

E EARLY COUNTY Attendance of sheriff 561 EAST POINT Charter amendments 1018 Limits extended 1039 EAST POINT AND COLLEGE PARK School bonds assumed by Fulton 28 EASTMAN City manager 1045 EATONTON Colored schools 1048 ECHOLS COUNTY County Court 463 EDGEHILL City charter 1049 EDUCATION Equalizing Opportunities Act 408 Passage of Federal bill urged 1446 ELBERTON Group insurance 1056 ELECTIONS Constitutional amendments 305 For General Assembly 303 , 304 Hours of voting 307 , 308 Municipal primaries 309 Primaries 309 Senate nominations 311 ELECTRIC MEMBERSHIP CORPORATIONS Amendments 312 ELECTRICAL CONTRACTORS General Tax Act amended 96

Page 1485

ELECTRICITY Taxation of Federal agencies 103 ELLAVILLE City Court 463 EMANUEL COUNTY Appropriation for law books 91 EMINENT DOMAIN Housing authorities 121 State Aid roads 187 EPWORTH Charter repeal 1056 EQUITY Limitation on intervention 344 EVANS AND LIBERTY COUNTIES Highway addition 427 EVIDENCE Inspection certificates 315 EXEMPTION General Tax Act amended 97 Homestead 98 , 99 Housing authorities' bonds 124 F FANNIN COUNTY Clerk's salary 562 Fishing 564 FARMER Gum spirits, naval stores 240 FEDERAL AGENCIES Ad valorem tax 95 Special taxes 103 FEDERAL GOVERNMENT Aid to Education Act 1446 Clarke-McNary Act 1427

Page 1486

Prohibition of certain imports 1447 Purchase of war materials 1424 Use of turpentine urged 1461 FEES Ordinaries 210 FIREMEN Civil service 253 FISH DEALERS Alien dealers 318 Wholesalers license 316 FISHING Commercial boat licenses 185 Crabs 367 Fannin County 564 Jackson Lake 626 Taking shad in nets 1454 FITZGERALD Tax levy for promotion; constitutional amendment 31 Water and sewer connections 1058 FITZGERALD SCHOOL DISTRICT Board elections 270 , 271 FLOYD COUNTY Temporary loans by Board of Education 83 FOOD AND DRUGS Inspection, etc. 228 FOREST PARK Limits extended 1060 Zoning 1061 FORT GAINES City court 465 FOXES Trapping 382

Page 1487

FULTON COUNTY Chief clerks for officials; constitutional amendement 33 Chief clerks 565 Civil Court 449 Civil service; constitutional amendment 36 Criminal Court 466 Pensions 571 Planning Commission 584 Retirement and pensions; constitutional amendement 39 Sewerage system 579 Superior Court judge 434 Temporary loans by Board of Education 83 Term of clerk 569 Vacancies on Board 570 Zoning 584 G GAME Hunting season 204 Trapping 382 GARY, GEORGE C. Tax refund 1458 GENERAL ASSEMBLY Candidates 303 , 304 Convened 1448 GEORGIA MILITARY COLLEGE Land grants 409 , 1162 Trustees 410 GEORGIANS' CREED 1425 GLASCOCK COUNTY Acts repealed 604 Commissioners 595 Commissionres, amendment 605 Sheriff's bond 607 GLENNVILLE Charter amendments 1062 Recorders court 1068 GLYNN COUNTY Audits, bonds, fiscal year 607 Survey system 609

Page 1488

GOATS At large 321 , 322 , 323 , 324 , 325 GOVERNMENTAL FUNCTIONS Contracts between counties and cities 261 GRADY COUNTY Commissioners, amendments 612 Ex officio treasurer 618 Warrant refunding bonds; constitutional amendment 41 GREENSBORO City charter 1070 GREENVILLE City court 469 Refunding bonds; constitutional amendment 45 GWINNETT COUNTY Commission candidates 621 H HABERSHAM COUNTY Sheriff's bond 622 HAIR, W. B. Relieved as surety 1456 , 1457 HALL COUNTY Appropriation for law books 91 HANCOCK COUNTY Sheriff's bond 623 HAPEVILLE Installment tax payments 1122 Official organ 1123 HARRIS COUNTY Compensation of Board members 623 HART COUNTY Highway addition 428

Page 1489

HIGHWAY BOARD Allocation of license fees 347 Purchase of bridges 430 HIGHWAY CONTRACTS No commission by county treasurers 277 HIGHWAY REFUNDING CERTIFICATES Discount 326 Refunding bonds; constitutional amendment 47 HIGHWAYS Additions to system 413 , 426 , 428 Addition changed 427 Beautification 1427 Coastal Highway District 415 Coastal Highway District; constitutional amendment 23 Condemnation 187 Refunding bonds; constitutional amendment 47 Sidney Lanier Memorial Bridge 1454 Stone Mountain Memorial Highway 1455 HOG COLERA Prevention 327 HOMESTEAD EXEMPTION Joint ownership 100 Residence of minister 98 Time of ownership of property 99 HOMICIDE Wife or mother, actions 233 HOSPITAL AUTHORITY Created 144 HOSPITALIZATION County tax for 200 HOSPITALS Municipal 349 Tift County bonds 85 HOUSING AUTHORITIES BONDS Legal investment 122 Tax exempt 124

Page 1490

HOUSING AUTHORITIES LAW Amended 112 Validating act 126 HOUSING COOPERATION LAW Amendments 127 HOUSTON COUNTY Depository 625 Superior Court terms 437 HUNTING Screven County 717 Seasons in certain territory 204 I IMPORTS Federal prohibition urged 1447 INDUSTRIAL BOARD Retirement 330 INFANTILE PARALYSIS CAMPAIGN Commendation 1417 INLAND ROUTE Waterway 331 INSPECTION CERTIFICATES As evidence 315 INSURANCE Cooperative exchanges 265 Title insurance 376 INTERVENTION Limitation 344 INTRACOASTAL WATERWAY Commission 331 J JACKSON City limits 1123 Elections 1125

Page 1491

JACKSON LAKE Fishing 626 JACKSONVILLE City charter 1126 JASPER COUNTY C. C. C. investigation 1428 JEFF DAVIS COUNTY Superior Court terms 437 Tax commissioner 627 JOHNSON COUNTY Commissioners 627 Court officers' costs 640 Kite School District Bonds 50 Roads for school bus 639 JONESBORO Zoning 1130 JUDGES Additional, Fulton 434 , 466 Salary in DeKalb 79 JUNK DEALERS Regulations 337 JURIES To fix sentences 285 JUSTICES OF THE PEACE Compensation in criminal cases 339 K KENNESAW MOUNTAIN, BATTLE Locomotive General 1149 KING GEORGE VI Invited to visit Georgia 1429 KITE SCHOOL DISTRICT Refunding bonds; constitutional amendment 50

Page 1492

L LAKELAND Territorial jurisdiction 1131 LAND Site of farmers' market, sale 1450 LAND-TITLE REGISTRATION LAW Act repealed 341 LANIER, SIDNEY Memorial bridge 1454 LAURENS COUNTY Amendments 641 LAW BOOKS Appropriation for, in certain counties 91 Catoosa County 1431 City Court of Macon 1432 Clayton County 1433 Dade County 1434 Decatur County 1435 Effingham County 1436 Emanuel County 1436 Floyd County 1437 Gwinnett County 1439 Habersham County 1440 , 1441 Haralson County 1442 Murray County 1443 , 1444 Oconee County 1444 Spalding County 1445 Taylor County 1439 LAWRENCEVILLE Board of Education 1133 LEESBURG Clerk and treasurer 1133 LEGAL INVESTMENT Housing authorities bonds 122 School bonds 366 LESLIE Elections and candidates 1136

Page 1493

LIBEL Additions to law 343 LIBERTY COUNTY Tax commissioner 644 Willie School District bonds 88 LIBERTY AND EVANS COUNTIES Highway addition 427 LICENSES Chiropractors 252 Commercial fishing boats 185 Drivers 139 Fish dealers 316 Harbor pilots 206 Marriage 219 , 221 LILBURN Charter repealed 1139 LIS PENDENS Record of 345 LOCOMOTIVE Return of General 1449 LONG COUNTY Amendments 647 M MACON Charter amendments 1140 City court 485 Closing of alley 1148 Debt certificates; constitutional amendment 52 Firemen and police, pensions 1149 MADISON COUNTY Amendments 653 Commissioner, vacancy 656 MALT BEVERAGES Excise and license tax 101

Page 1494

MANCHESTER City manager 1157 MANSION PROPERTY Lease 398 MARIETTA Water and electric lines 1159 MARION COUNTY Commissioners 657 MARKETING ASSOCIATIONS Cooperative 350 MARRIAGE LICENSES Violation of law by Ordinary 219 , 221 MAUK Charter repealed 1160 McDUFFIE COUNTY Commissioner 658 Commissioner, amendment 662 Joint act amended 773 Justices of the Peace 664 Premiums on official bonds 666 Treasurer and court clerk 667 McINTOSH COUNTY Commissioners 667 Live stock dealer's license 669 Zoning 669 MEDICINE Alien practitioners 319 State Board of Examiners 226 MERIWETHER COUNTY Clerk 683 Superior Court terms 439 MILK CONTROL BOARD Personnel, price changes 132

Page 1495

MILLEDGEVILLE Land grant to G. M. C. 1162 Mayor, terms 1161 Ordinances 1162 MILLEN City charter 1163 MINERALS Purchase by U. S. 1424 MINOR CHILDREN See Year's Support. MONROE COUNTY Annual audit 684 Tax commissioner 685 MONTGOMERY COUNTY Commissioners 687 MORGAN City charter 1205 City court 487 MOTOR CARRIERS Agricultural products 207 MOTOR VEHICLES Allocation of license fees 347 Driving regulations 295 Number plates to promote State 182 Time limit for tags 1460 MUNICIPAL CORPORATIONS See Constitutional amendments; also local laws. Contracts with office holders 263 Hospitals 349 Pensions 352 Police pensions 356 Primary elections 309 Revenue Certificate Law 362 Tax sales, deeds 226 MUNICIPAL COURTS 447 - 498 .

Page 1496

MURRAY COUNTY Commissioners 691 Tax commissioner 699 N NAMES Changed 553 NASHVILLE Refunding bonds; constitutional amendment 54 NAVY Turpentine, use as thinner 1461 NEWSPAPERS Official organ in certain counties 209 O OAKMAN City charter 1242 OCILLA Refunding bonds; constitutional amendment 56 , 58 OCONEE COUNTY Appropriation for law books 91 ORDINARIES Fees 210 Marriage license violations 219 , 221 P PAROLES Commission, election of members 134 PAULDING COUNTY Zoning 700 PAUPER TAX By counties 199 PEACH COUNTY Ordinary as commissioner 703

Page 1497

PEARSON Refunding bonds; constitutional amendment 60 PEMBROKE City Court 489 PENAL ADMINISTRATION BOARD Abolished 106 PENSIONS City employees 352 Confederate veterans and widows 189 County police 278 Fulton County 571 Fulton County; constitutional amendment 39 Police in cities 356 PHARMACISTS Aliens 319 PHOTOSTATIC RECORDS By court clerks 354 PILOTS Harbor, licenses 206 PINE LAKE Charter amendments 1259 PLUMBERS Examination 355 POLICE Pensions 356 Pensions in certain counties 278 PRACTICE IN SUPERIOR COURTS Attendance of witnesses 181 Costs in divorce cases 293 Depositions 290 Divorce 203 Evidence 315 Hearings in vacation; constitutional amendment 78 Jury to fix sentences 285 Lis pendens 345 Record of bankruptcy proceedings 243 Supersedeas in contempt trials 260

Page 1498

PRIMARY ELECTIONS Illegal practices 309 In certain cities 309 State Senate 311 PRISON AND PAROLE COMMISSION Election of members 134 PRISON FARM Sale of land 745 PRISONERS Board of Penal Corrections created 106 PRIVATE BANKS Exchange 360 PROMOTION Auto tags to promote State 182 Fitzgerald, tax levy for 31 PUBLIC SAFETY DEPARTMENT Amendments 135 PUBLIC SERVICE COMMISSION Suspension by Governor repealed 224 PUBLIC WELFARE DEPARTMENT Appropriation for deficit 93 PULASKI COUNTY Treasurer's bond 706 PURCHASES Supervisor 160 PURCHASING BOARD Abolished 164 PUTNAM COUNTY Tax commissioner 707

Page 1499

Q QUITMAN Loans, debt certificates; constitutional amendment 62 Refunding bonds; constitutional amendment 65 School tax 1266 Tort actions, notice 1265 QUITMAN COUNTY County court 491 Purchases 710 R RAILROAD CROSSINGS Enforcement of regulations 224 RAY CITY Refunding bonds; constitutional amendment 67 RECKLESS DRIVING Defined 296 REFLECTORS On automobiles 299 REGENTS Condemnation by 411 REGISTRATION Junk dealers 338 Land titles 341 Voters, where records destroyed 361 REIDSVILLE SCHOOL DISTRICT Refunding bonds; constitutional amendment 70 RESOLUTIONS See Constitutional amendments. Miscellaneous subjects 1413-1461 RETIREMENT Industrial Board members 330 Teachers 372 REVENUE-CERTIFICATE LAW Amendments [Illegible Text]

Page 1500

ROCKMART Elections 1267 , 1268 , 1270 , 1271 ROME Charter amendments 1272 Policemen and firemen 1275 ROSSVILLE Police and firemen 1277 Public works 1279 RURAL ELECTRIFICATION Membership corporations 312 Special tax on agencies 103 RUSSELL, RICHARD B., CHIEF JUSTICE Memorial 1415 S SALARIES DeKalb Superior Court judge 79 SAVANNAH Bonds for purchase of land; constitutional amendment 75 Bonds for water system; constitutional amendment 72 Charter amendments 1288 Limits extended 1296 SAVANNAH RIVER DAM Construction urged 1452 SCHLEY COUNTY Depository 711 Tax commissioner 714 SCHOOL ATTENDANCE Added penalty 187 SCHOOL BUSES Inspection 297 SCHOOL LOANS Appropriation for interest 91

Page 1501

SCHOOLS Bonds 366 Civil service in counties 258 Georgia Military College 409 , 410 , 1162 Superintendent, office space 195 Superintendent, qualifications 196 Superintendent, report to grand jury 198 Teachers and principals 408 Toccoa Falls Institute 412 SCREAMER MOUNTAIN Name changed to Bleckley 244 SCREVEN COUNTY Goats at large 718 Hunting seasons 717 Superior Court terms 440 Tax commissioner 720 Treasurer's salary 726 , 728 SENTENCES Fixed by jury 285 SERUM Hog colera 327 SEWELL, S. F. Compensation for widow 1418 SHAD Taking in nets 1454 SMITH, GEORGE Name changed 553 SMITH, HERBERT WATSON Name changed 553 SNELLVILLE City limits 1299 SOLDIERS Confederate, pensions 189 Confederate pensions and records 110 SOLICITORS GENERAL 795-803.

Page 1502

SPEED LIMIT 296 . STATE PATROL Amendments 135 Railroad crossings 224 STATE PROPERTY Lease 398 STATE VETERINARIAN Appropriation for indemnity to cattle owners 93 STATESBORO Zoning 1301 STEAM FITTERS Examination 355 STENOGRAPHIC COURT REPORTERS 804-807 . STOCK Transfer 384 SUBDIVISIONS County regulation 368 SUGAR HILL Town charter 1302 SUMMERVILLE Candidates, registration, etc 1329 SUPERINTENDENT County schools 195 , 196 , 198 SUPERIOR COURTS See Practice. Brunswick circuit, reporter 804 Calendar 1463 Dublin circuit, solicitor-general 795 Hearings in vacation; constitutional amendment 78 Reporters in certain counties 805 Salaries of judges, addition by DeKalb 79 Tallapoosa circuit, solicitor-general 796 Terms, judges, etc. 432-444 Waycross circuit, solicitor-general 801

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SUPERSEDEAS Contempt trials 260 SUPERVISOR OF PURCHASES Amendments 160 SURETIES RELIEVED B. H. Anderson 1455 W. B. Hair 1456 , 1457 SUSPENSION Public Service Commissioners 224 SYLVANIA City court 492 Refunding bonds; constitutional amendment 81 SYLVESTER Limits extended 1331 Mayor's salary 1332 T TALBOT COUNTY Tax commissioner 730 Tax commissioner's salary 733 TALIAFERRO COUNTY Commissioners 734 Tax commissioner 736 TALLAPOOSA CIRCUIT Solicitor-general 796 TATTNALL COUNTY Amendments 740 Prison farm land sale 745 TAX Refund to G. E. Gary 1458 TAX COLLECTORS AND RECEIVERS Fees 370 TAX LIENS Divested 286

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TAX SALES Deeds, evidence 226 TAXATION By counties 199 , 200 , 201 Electrical contractors 96 Exemption under General Tax Act 97 Homestead exemption, joint ownership 100 Homestead exemption, residence of minister 98 Homestead exemption, time of ownership 99 Malt beverages, excise and license tax 101 Proprietary Federal agencies 95 , 103 Situs of intangible trust property 100 TEACHERS Retirement 372 TELFAIR COUNTY Premium on clerk's bond 1459 Sheriff's fees 746 THOMAS COUNTY Superior Court terms 442 THOMASVILLE City Authority 1333 THOMSON Street tax abolished 1352 , 1358 TIFT COUNTY Hospital bonds; constitutional amendment 85 TIFTON Limits extended 1360 Sewerage and waterworks 1362 TIMBER Conversion 340 TITLE Insurance 376 Land 341 TOCCOA FALLS INSTITUTE Degrees 412

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TORTS Homicide of wife or mother 233 TOWNS Incorporation 329 TOWNS COUNTY Tax receipts 747 TRACTORS Drivers license 140 TRAPPING Foxes 382 Other animals 382 TREES Agricultural pursuit 240 Conversion 340 TROUP COUNTY Tax executions 748 TRUSTS Taxable situs, intangible trust property 100 TUNNEL HILL Charter repealed 1365 TURPENTINE Producers defined as farmers 240 Use as thinner urged 1461 TYBEE Charter amendments 1366 TYRONE City limits 1375 U UNIFORM STOCK TRANSFER ACT 384 . UNION POINT Charter amendments 1376

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UNITED STATES Bill of Rights ratified 1414 UNIVERSITY SYSTEM Regents 411 V VACCINATION Hogs 327 VALDOSTA City court 494 VALIDATING ACT Bonds and proceedings of State Authorities 177 Housing Authorities Law 126 VETERANS Confederate pensions and records 110 Exemption under General Tax Act 97 VOTERS Registration [Illegible Text] VOTING In certain counties 307 , 308 W WALKER COUNTY Board abolished 749 Commissioner 751 WALTON COUNTY Amendments 765 Obstructions in streams 770 WARE COUNTY Joint act amended 773 WARRANTS W. A. Railroad 399 WARRENTON Special license tax 1380

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WASHINGTON COUNTY Commissioners 773 WATERWAY Intracoastal 331 WAYCROSS CIRCUIT Solicitor-general 801 WELFARE DEPARTMENT Appropriation for deficit 93 WELFARE INSTITUTIONS Surplus products and pay patients 392 WEST POINT Tax returns 1382 WESTERN ATLANTIC RAILROAD Air rights 394 Warrants 399 WHEELER COUNTY Amendments 777 Tax commissioner 778 WIDOWS See Pensions, Year's Support. WILCOX COUNTY Commissioners 782 Depository 790 Superior Court terms 443 WILLIE SCHOOL DISTRICT Refunding bonds; constitutional amendment 88 WITNESSES Attendance 181 WOODSTOCK City charter 1384 WORKMEN'S COMPENSATION Payments 234

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WRIGHTSVILLE City court 496 , 497 Street improvements 1407 Swimming pool and abattoir 1408 Zoning 1409 Y YEAR'S SUPPORT Tax liens divested 236 Z ZONING Certain counties 245 , 403 , 406 Fulton County 584