Acts and resolutions of the General Assembly of the state of Georgia 1941 [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 19410000 English

ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1941 19410000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE

TABLE OF TITLES PART I.GENERAL PUBLIC LAWS. TITLE I.AMENDMENTS TO CONSTITUTION AS PROPOSED TITLE II.APPROPRIATIONS. TITLE III.TAXATION. TITLE IV.GOVERNMENT DEPARTMENTS. 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.SOLICITORS-GENERAL. 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 1941 PART I.GENERAL PUBLIC LAWS

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TITLE I. AMENDMENTS TO CONSTITUTION. ACTS. Abbeville Consolidated School District Bonded Debt. Abbeville Refunding Bonds. Adrian (1st) Consolidated School District Refunding Bonds. Advertising and Promoting the Resources and Facilities of the State. Baker County Warrant Refunding Bonds. Bibb County Temporary Loans and Debt Certificates. Calhoun County Warrant Refunding Bonds. Catoosa County Warrant Refunding Bonds. Chatham County Additional Tax Levy. Chattooga County Warrant Refunding Bonds. Claxton Refunding Bonds. Claxton School District Refunding Bonds. Cobb County Warrant Refunding Bonds. Cochran Refunding Bonds. Contractual Rights of Cities, Towns, Municipalities and Counties. Cook County Refunding Bonds. Cook County Warrant Refunding Bonds. Cordele Refunding Bonds. Crawford Refunding Bonds. Crawford School District Refunding Bonds. Dade County Bonded Debt. Davisboro Consolidated School District Refunding Bonds. DeKalb County Tax Authority. Dodge County Bonded Debts. Doerun Refunding Bonds. Effingham County Refunding Bonds. Evans County Warrant Refunding Bonds.

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Excelsior Consolidated School District Refunding Bonds. Exemption from Taxation of Corporations Organized to Engage in Rural Electrification. Four Year Term for Governor and Other Constitutional OfficersElectionWhen Held. Gainesville Bonded Debts. General Assembly Annual Sessions. Hancock County Bonded Debts. Hart County Refunding Bonds. Hazlehurst Refunding Bonds. Irwin County Warrant Refunding Bonds. Irwin County Warrant Refunding Bonds. Jeff Davis County Warrant Refunding Bonds. Jefferson County School District No. 1 Refunding Bonds. Jefferson County School District No. 10 Refunding Bonds. Johnson Corner School District Refunding Bonds. Justices of the Peace Increased Jurisdiction. Lexington Refunding Bonds. Macon Ad Valorem Tax Exemption. Macon Annual Property Tax. Macon Debt Certificates. Miller County Warrant Refunding Bonds. Miller County Warrant Refunding Bonds. Mitchell County Board of Education Temporary Loans. Oglethorpe County Warrant Refunding Bonds. Paulding County Warrant Refunding Bonds. Quitman County Warrant Refunding Bonds. Reidsville Refunding Bonds. Sandy Cross Consolidated School District Refunding Bonds. Savannah Recovery and Payment for Wharf Construction. Sparks-Adel Consolidated School District Refunding Bonds. State School Superintendent Term of Office. Stone Mountain Refunding Bonds. Sunny Hill Consolidated School District Refunding Bonds. Toombs County Warrant Refunding Bonds. Unadilla Refunding Bonds. Vidalia Bonded Debts. Walker County Warrant Refunding Bonds. Washington Refunding Bonds. Waycross Revenue Certificates. Wilcox County Refunding Bonds. Wilcox County Warrant Refunding Bonds. Wrightsville Consolidated School District Refunding Bonds.

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ABBEVILLE CONSOLIDATED SCHOOL DISTRICT BONDED DEBT. 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 Abbeville Consolidated School District, of Wilcox County 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 a portion of its existing bonded indebtedness and interest thereon past due and unpaid as of January 1, 1941, and which becomes due up to and including January 1, 1942; 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 past due and unpaid on January 1, 1941, or which may become due up to and including January 1, [Illegible Text] 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 Abbeville Consolidated School District of Wilcox County may issue refunding bonds not in excess of the aggregate sum of $23,000.00 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, 1941, and any bonded indebtedness and interest thereon of said School District outstanding and which becomes due up to and including January 1, 1942, and provide for the assessment and collection

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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 Abbeville Consolidated School District of Wilcox County to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon past due and unpaid as of January 1, 1941, and any bonded indebtedness and interest thereon outstanding and which becomes due up to and including January 1, 1942. Said refunding bonds shall be issued when authorized by a resolution of the Board of Trustees of Abbeville Consolidated School District, 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 a 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, same 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 Abbeville Consolidated School District of Wilcox County 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 or amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the Abbeville Consolidated School District, of Wilcox County, to issue refunding bonds. And if a majority of the electors qualified to vote for members of the General Assembly, voting thereon shall vote for ratification thereof, when the result shall be consolidated as now required by law in election for members of the

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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 27, 1941. ABBEVILLE REFUNDING BONDS. No. 310. 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 Abbeville 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 July 1, 1940, and which becomes due up to and including May 1, 1943; 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 July 1, 1940, or which may become due up to and including May 1, 1943; 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 Abbeville may issue refunding

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serial bonds not in excess of the aggregate sum of $22,000 for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said City outstanding past due and unpaid on July 1, 1940, and any bonded indebtedness and interest thereon of said City outstanding and which becomes due up to and including May 1, 1943, 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 Abbeville to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon due and unpaid as of July 1, 1940, and any bonded indebtedness and interest thereon outstanding and which becomes due up to and including May 1, 1943, Said refunding bonds shall be issued when authorized by an ordinance of the officials of the City of Abbeville charged with the duty of managing its corporate affairs, 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, same 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 Abbeville 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

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authorizing the City of Abbeville 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 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 27, 1941. ADRIAN (1ST) CONSOLIDATED SCHOOL DISTRICT REFUNDING BONDS. No. 298. 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 Adrian (1st) Consolidated School District of Emanuel, Johnson and Treutlen Counties, 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 a portion of its existing bonded indebtedness and interest thereon past due and unpaid as of January 1, 1941, and which becomes due up to and including January 1, 1942; 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, past due and unpaid on January 1, 1941, or which may become due up to and including January 1, 1942; 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 Adrian (1st) Consolidated School District of Emanuel, Johnson and Treutlen Counties, Georgia, may issue refunding 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 January 1, 1941, and any bonded indebtedness and interest thereon of said School District outstanding and which becomes due up to and including January 1, 1942, 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 Adrian (1st) Consolidated School District, of Emanuel, Johnson and Truetlen Counties, Georgia, to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon past due and unpaid as of January 1, 1941, and any bonded indebtedness and interest thereon outstanding and which becomes due up to and including January 1, 1942. Said Refunding Bonds shall be issued when authorized by a resolution of the Board of Trustees of Adrian (1st) Consolidated School District of Emanuel, Johnson and Treutlen Counties, 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 a 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

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general election, at which proposed amendments to the Constitution of this State may be voted on, same 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 Adrian (1st) Consolidated School District of Emanuel, Johnson and Treutlen Counties, 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 Adrian (1st) Consolidated School District of Emanuel, Johnson and Treutlen Counties, 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 a part of Article 7, Section 7, Paragraph 1, of the Constitution of the State, and the Governor shall make a proclamation therefor, as provised by law. Submission to vote. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 27, 1941.

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ADVERTISING AND PROMOTING THE RESOURCES AND FACILITIES OF THE STATE. No. 53. A RESOLUTION. Proposing to the qualified voters of the State of Georgia for ratification or rejection, an amendment to Paragraph 1, Section 1, Article 7 of the Constitution of Georgia so as to provide for advertising and promoting the agricultural, industrial, historic, recreational and natural resources, facilities and assets of the State; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. That Paragraph 1, Section 1, Article 7, of the Constitution of Georgia be, and the same is hereby amended by adding at the end of said Paragraph the following language: Art. 7. Sec. 1, p. 1, (2-4901) To advertise and promote the agricultural, industrial, historic, recreational and natural resources, facilities and assets of the State of Georgia through any office or agency which may be created or designated by the General Assembly to carry out said purposes. Advertising Section 2. That when this amendment shall be agreed to by two-thirds vote of the members elected to each House, with the Yeas and Nays thereon, and shall be published in one or more newspapers in each Congressional District in the State for two months previous to the time for holding the next General Election and a brief and concise summary thereof shall be published in the newspaper in each county in which the sheriffs' advertisements are published twice during the two weeks immediately prior to the time of the holding of the next General Election, and at the next General Election shall be submitted to the people for ratification. All persons voting at said election

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in favor of adopting said proposed amendment to the Constitution shall have written or printed on their ballots the words: Submission to vote. For ratification of amendment to Paragraph 1, Section 1, Article 7, of the Constitution by providing for advertising and promoting the agricultural, industrial, historic, recreational and natural resources, facilities and assets of the State. All persons opposed to the adoption of said proposed amendment to the Constitution shall have written or printed on their ballots the words: Against ratification of amendment to Paragraph 1, Section 1, Article 7, of the Constitution by providing for advertising and promoting the agricultural, industrial, historic, recreational and natural resources, facilities and assets of the State. And if a majority of the electors qualified to vote for the members of the General Assembly voting thereon shall vote for the ratification thereof, when the returns shall be consolidated as now required by law in elections for members of the General Assembly, and return thereof be made to the Governor, then he shall declare said amendment adopted and make proclamation of the result thereof and said amendment shall become a part of Paragraph 1, Section 1, Article 7 of the Constitution of the State of Georgia. Proclamation. Approved March 27, 1941. BAKER COUNTY WARRANT REFUNDING BONDS. No. 86. 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,

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incorporated in the Code of Georgia, 1933, Section 2-5501, so as to authorize Baker County 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 and paying of all county warrants and/or county orders, notes, judgments, open accounts and other liquidated and/or unliquidated demands outstanding and unpaid as of January 1st, 1942, irrespective of the tax levy for the year of 1941, for which Baker County may be liable as principal, guarantor or otherwise, to provide that the funds raised from such additional bonded indebtedness shall be used exclusively for the payment and retirement of the indebtedness and obligations for which they are used; to authorize the assessment and collection of an annual tax sufficient to pay the principal and interest of said bonds as they become due; to fix the rate of interest, the date of issuance and other details incident to the issue and sale of said bonds; to provide for an election in Baker County on 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) Seven, Section Seven (7), Paragraph One (1), of the Constitution of Georgia, incorporated in the Code of 1933 as Section 2-5501, which has heretofore been amended shall be further amended by adding at the end thereof a new paragraph to be worded as follows, to-wit: Art. 7, Sec. 7, p. 1 (2-5501). And except, that Baker County 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 $100,000.00 for the payment and retirement of the deficit and current indebtedness of Baker County the same being represented by judgments,

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notes, county warrants and/or county orders, open accounts and other liquidated and/or unliquidated demands for which Baker County may be liable as principal, guarantor or otherwise, outstanding and unpaid as of January 1st, 1942, irrespective of the tax levy of Baker County for the year of 1941 and irrespective of the purpose and/or purposes for which said tax levy for the year of 1941 was made; and shall provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said bonds as they become due. Said serial bonds so issued shall mature in twenty-five (25) annual equal amounts beginning five (5) years from the date of issuance and maturing each year thereafter for a period of twenty-five (25) years. The proceeds of all such bonds so issued by Baker County shall be used exclusively for the purpose of paying and retiring said outstanding and unpaid notes, judgments, open accounts and county warrants and/or county orders, and other liquidated and/or unliquidated demands as of January 1st, 1942, for which said Baker County may be liable as principal, guarantor or otherwise. Said bonds shall be issued and validated with the assent of a majority of the qualified voters of Baker County, voting in an election, and at an election called therefor, the voters authorized to vote in said bond election shall be those voters who were eligible to vote in the last general election preceding the bond election herein provided for. Serial bonds. The necessity for the issuance of said bonds shall be determined by a majority vote of the Commissioners of the roads and revenues of Baker County and the calling of the election for the issuance of said bonds shall be determined by a majority vote of said board of commissioners. It being left in the discretion of said board of commissioners, and not being mandatory on said board to call said election. Commissioners to decide. The Board of Commissioners of Roads and Revenues

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of Baker County, by a majority vote of said board, is hereby authorized and empowered to fix the rate of interest, not to exceed five (5) per cent. per annum, the date of issuance and all other details incident to the issue and sale of said bonds. Said bonds shall 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. Rate of interest. 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 an amendment to Article 7, Section 7, Paragraph 1, of the Constitution, so as to authorize Baker County to issue bonds for the retirement of idebtedness due and unpaid as of January 1, 1942, 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, then said amendment shall become a part of Article Seven (7) Section Seven (7), Paragraph One (1) of the Constitution of the State of Georgia, and the Governor shall make proclamation therefor as provided by law. Submission to vote. Proclamation.

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Section 3. Be it further enacted, that all laws or parts of laws in conflict herewith be, and the same is hereby repealed. Approved February 26, 1941. BIBB COUNTY TEMPORARY LOANS AND DEBT CERTIFICATES. 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 Bibb County to make temporary loans between January 1st and December 31st of each year to be paid out of the revenues received by that County in that year, and to provide for the amount of said loans; and to propose an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize Bibb County to issue notes or debt certificates from time to time in aggregate amounts not exceeding One Hundred Fifty Thousand ($150,000.00) Dollars, for the purpose appropriating money and providing property for the State of Georgia or for the United States of America for the purpose of local, state or national defense. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof new paragraphs in the following words, to-wit: Art. 7, Sec. 7, p. 1 (2-5501). And except that Bibb County, in addition to the debts hereinabove allowed, may make temporary loans between January 1st and December 31st of each year, to be paid out of the revenues received by the County in that year; said loans to be evidenced by promissory notes signed by

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the Chairman of the County Commissioners of Bibb County, the Treasurer of Bibb County, and attested by the Clerk of the County Commissioners, and previously authorized by resolution approved by majority vote of the Board of County Commissioners in Bibb County, at a regular meeting or special meeting called for that particular purpose, and entered on the Minutes of the Board of County Commissioners. The aggregate amount of said loans outstanding at any one time shall not exceed 50 per cent. of the total gross receipts of Bibb County 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 by virtue of this authority have been paid in full, provided, the failure to pay said loans out of the revenues received by the County in the year the loan is made shall not affect the obligation of the County to pay the same. Temporary loans. And except also that Bibb County, by a majority vote of the Board of County Commissioners of said County, may issue notes or debt certificates from time to time in aggregate amounts not exceeding One Hundred Fifty Thousand ($150,000.00) Dollars, for the specific purposes hereinafter expressed. The said notes or debt certificates shall be executed by the Chairman of the Board of County Commissioners, the Treasurer of Bibb County, and attested by the Clerk of the Board of County Commissioners. Such notes or debt certificates may be issued in such denomination, bearing such interest, and falling due at such times as a Board of County Commissioners by a majority vote thereof may from time to time fix and determine, but shall not mature later than five years from the date of their respective issues. The specific purpose of loans authorized hereunder shall be for the appropriating of money, or for leasing, lending, selling or donating property, or lending credit to the State of Georgia, or the United States of America, for purposes of local, state, or national defense. Any funds borrowed by virtue of this authority may be

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directly so used, or given in payment for the lease or purchase of property so to be used. Debt certificates. Section 2. Be it further enacted by the authority aforesaid, that when said amendments shall be agreed to by two-thirds vote of the Members of each House, with the ayes and nays thereon and published in one or more newspapers in each Congressional District in this State for two months previous to the time for holding the next General Election, at which proposed amendments to the Constitution of this State may be voted on, the amendments shall, at General Election, be submitted separately to the people for ratification. Submission to vote. All persons voting at said election in favor of adopting said proposed amendment to the Constitution authorizing Bibb County to make temporary loans, shall have written or printed on their ballots the words, For ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing Bibb County to make temporary loans, and all persons opposed to the adoption of said amendment authorizing Bibb County to make temporary loans shall have written or printed on their ballots the words, Against ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing Bibb County to make temporary loans, 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 thereof as provided by law, and Bibb County, without further legislation, authority or vote, than that provided herein, shall be authorized to perform the act or acts embraced in such amendment. All persons voting at said election in favor of adopting said proposed amendment to the Constitution authorizing

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Bibb County from time to time to issue notes or debt certificates in aggregate amounts not exceeding One Hundred Fifty Thousand ($150,000.00) Dollars for defense purposes 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 Bibb County to issue notes or debt certificates for defense purposes, and all persons opposed to adoption of said amendment authorizing Bibb County to issue such notes or debt certificates 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 Bibb County to issue notes or debt certificates for defense purposes, 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 thereof, as provided by law, and Bibb County, without further legislation, authority or vote than that provided herein, shall be authorized to perform the act or acts embraced in such amendment. Proclamation. 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 27, 1941. CALHOUN COUNTY WARRANT REFUNDING BONDS No. 126. 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 Calhoun

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County by vote of its fiscal authority to issue, in addition to all other bonds, Funding 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 Depository 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 legalize tax levies and to authorize the levy and collection of a tax in the current year for use, all or in part, for the operation of said County for the ensuing year; 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 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 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 paragraph in the following words and language, to-wit: Art. 7, Sec. 7, p. 1 (2-5501). Bond issue. Provided, however, that in addition to the bonded indebtedness now or hereafter authorized by this Constitution, and without restriction as to the limitation of taxable values of property for bond purposes, Calhoun County is hereby authorized and empowered to issue bonds sufficient in amount to refund, pay off, and retire all unpaid, outstanding

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and existing warrant indebtedness of said County, including interest due or payable thereon, as the same appears of record in the office of the Commissioners of Roads and Revenues of said County on the date as determined by the governing authority of said County, which date shall be not earlier than 10 days and not more than 60 days next after the date of the proclamation of the Governor declaring this amendment ratified; said bonds to be known and designated as Funding Bonds. In the event the privilege granted herein is exercised by said County after said date as so determined by said governing authority, said County and the governing authority thereof are prohibited from issuing warrants and deferred payment orders on the Treasury of said County, and said County shall thereafter 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, that is at the next monthly meeting after such purchase is made, by checks drawn on the depository or depositories holding the funds of said County, and in no other way; no such checks to be issued and delivered or any purchase made unless funds are on deposit sufficient to immediately pay same and all other then outstanding checks, all such checks to be signed by the Chief Executive Officer of said governing authority, and countersigned by the Clerk of said governing authority of said County, with the right in said governing authority to borrow money to supply casual deficiencies in revenue as heretofore authorized by this Constitution, said temporary loans must be repaid during the said fiscal year; with the further right hereby vested in said Board or other equivalent fiscal authority and they are hereby required to budget and limit the cost and expenditures of, the various officers and departments of said County to an amount never in excess of income, other than the schools, and the courts thereof and expenses of courts; any existing provision of this Constitution of any

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law, rule, or resolution of any other board, commission or authority to the contrary notwithstanding. All tax levies for lawful county purposes heretofore made and made in the year 1941, and in each year thereafter by the governing authority charged with the duty of managing said County's affairs shall be legal, with the express power and authority in said governing authority to levy and collect taxes for lawful county purposes for the then current year for use all or in part in the operation of said County for the next ensuing year. No violation of any provision of this amendment as to the conduct of the fiscal affairs of said County after the date determined by the governing authority for the issuance of Funding Bonds shall in any wise affect or impair the validity of said Funding Bonds. Cash basis. Said Funding Bonds shall have such terms and provisions as to maturity, rate of interest, and otherwise as may be fixed by the governing authority of said County, provided, however, that said bonds must all mature within thirty years from date of issuance. Provision shall be made by the governing authority by resolution for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said Funding 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 and interest thereon of said County, as may be determined by the date set by the governing authority of said County. Said Funding Bonds shall be issued under the authority hereof when authorized by a majority vote and resolution of the governing authority of Calhoun County, but without the necessity of an election as in the case of original obligation bonds of said County, and shall then be validated in the manner and under the procedure as is provided by law for the validation of original obligation bonds. Maturity. Section 2. Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by two-thirds

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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 Calhoun County to issue Funding Bonds, and thereafter to operate on a cash basis, 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 Calhoun County to issue Funding Bonds, and thereafter to operate on a cash basis, 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 7, Section 7, Paragraph 1, of the Constitution of the State of Georgia, and the Governor shall make proclamation thereafter as provided by law. Submission to vote. Section 3. Be it further enacted, that all laws or parts of laws in conflict herewith be, and the same is hereby repealed. Approved February 24, 1941.

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CATOOSA COUNTY WARRANT REFUNDING BONDS. No. 155. 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 Catoosa County by vote of its fiscal authority to issue, in addition to all other bonds, Funding 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 legalize tax levies and to authorize the levy and collection of a tax in the current year for use, all or in part, for the operation of said County for the ensuing year; 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 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 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 paragraph in the following words and language, to-wit: Art. 7, Sec. 7, p. 1 (2-5501). Bond issue. Provided, however, that in addition to the bonded indebtedness now or hereafter authorized by this Constitution,

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and without restriction as to the limitation of taxable values of property for bond purposes, Catoosa County is hereby authorized and empowered to issue bonds sufficient in amount to refund, pay off, and retire all 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 Board of Commissioners of Roads and Revenues of said County on the date as determined by the said Board of Commissioners of Roads and Revenues, which date shall be not earlier than 10 days and not more than 60 days next after the date of the proclamation of the Governor declaring this amendment ratified; said bonds to be known and designated as Funding 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 Board of Commissioners of Roads and Revenues thereof are prohibited from issuing warrants and deferred payment orders on the Treasury of said County, and said County shall thereafter 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 may be determined by the Board of Commissioners of Roads and Revenues of said County, by checks drawn on the depository or depositories holding the funds of said County, and in no other way; no such checks to be issued and delivered unless funds are on deposit sufficient to immediately pay same and all other than outstanding checks, all such checks to be signed by the Chief Executive Officer of said Board of Commissioners of Roads and Revenues of said County, with the right in said Board of Commissioners of Roads and Revenues to borrow money to supply casual deficiencies in revenue as heretofore authorized by this Constitution. All tax levies for lawful County purposes heretofore made and made in the year 1941 and in each year thereafter by

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the Board of Commissioners of Roads and Revenues, charged with the duty of managing said County's affairs, shall be legal, with the express power and authority in said Board of Commissioners of Roads and Revenues to levy and collect taxes for lawful County purposes for the then current year for use or in part in the operation of said County for the next ensuing year. No violation of any provision of this amendment as to the conduct of the fiscal affairs of said County after the date determined by the Board of Commissioners of Roads and Revenues for the issuance of Funding Bonds shall in any wise affect or impair the validity of said Funding Bonds. Cash basis. Said Funding 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. Provision shall be made by the Board of Commissioners of Roads and Revenues by resolution for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said Funding 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 and interest thereon of said County, as may be determined by the date set by the Board of Commissioners of Roads and Revenues of said County. Said Funding Bonds shall be issued under the authority hereof when so authorized by a majority vote and resolution of the Board of Commissioners of Roads and Revenues of Catoosa County, but without the necessity of an election as in the case of original obligation bonds of said County, and shall then be validated in the manner and under the procedure as is provided by law for the validation of original obligation bonds. Maturity. Tax. Section 2. Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by two-thirds

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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 Catoosa County to issue Funding Bonds, and thereafter to operate on a cash basis, 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 Catoosa County to issue Funding Bonds, and thereafter to operate on a cash basis, 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 7, Section 7, Paragraph 1, of the Constitution of the State of Georgia, and the Governor shall make proclamation therefor as provided by law. Submission to vote. Proclamation. Section 3. Be it further enacted, that all laws or parts of laws, in conflict herewith be, and the same are, hereby repealed. Approved March 10, 1941.

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CHATHAM COUNTY ADDITIONAL TAX LEVY. No. 24 A Resolution to propose to the qualified voters of the State of Georgia an amendment to Article VIII, Section IV, Paragraph I, of the Constitution of the State of Georgia, so as to require the authority which levies County taxes in Chatham County to levy taxes for school purposes, not exceeding two mills on the dollar in addition to the total tax of ten mills permitted to be levied under said Constitutional provision, when requested to do so by the Board of Education of said County, and provided such additional levies shall be sanctioned by a two-thirds vote of those voting at an election or elections, called and held in said county in accordance with Section 32-1106 of the Code of 1933. Section 1. Be it resolved by the General Assembly of the State of Georgia, that Article VIII, Section IV, Paragraph I, of the Constitution of Georgia shall be amended by adding at the end thereof the following: Art. 8, Sec. 4, p. 1 (2-6901). Additional tax. In addition to the total tax of ten (10) mills which is permitted to be levied under this paragraph the authority which levies County taxes in Chatham County shall levy, for school purposes, additional taxes not exceeding two (2) mills on the dollar on the assessed value of the taxable property in said County, whenever called upon to do so by such Board of Public Education as has control of the public schools of the county, provided such additional levies are sanctioned by a two-thirds vote of those voting at an election or elections called and held in said Chatham County in accordance with Section 32-1106 of the Code of Georgia of 1933. Section 2. Be it further resolved by the authority aforesaid, that when said amendments shall be agreed to by two-thirds vote of the members elected to each of the two

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Houses, said amendment shall be entered on their journals, with the ayes and nays thereon, and shall by the Governor 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 VIII, Section IV, Paragraph I, of the Constitution, authorizing the levy of taxes in Chatham County for school purposes not exceeding two mills on the dollar, in addition to the total tax of ten mills permitted by said Constitutional provision. Submission to vote. 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 VIII, Section IV, Paragraph I, of the Constitution, authorizing the levy of taxes in Chatham County for school purposes not exceeding two mills on the dollar, in addition to the total tax of ten mills permitted by said Constitutional provision; If a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the returns shall be consolidated as required by law in elections for members of the General Assembly, the said amendment shall become a part of Article VIII, Section IV, Paragraph I, of the Constitution of the State of Georgia, and the Governor shall make a proclamation thereof. Proclamation. Approved March 26, 1941.

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CHATTOOGA COUNTY WARRANT REFUNDING BONDS. No. 6. A Resolution to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize Chattooga County by vote of its fiscal authority to issue, in addition to all other bonds, Funding 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 legalize tax levies and to authorize the levy and collection of a tax in the current year for use, all or in part, for the operation of said County for the ensuing year; 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 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 same: Section 1. That Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, which has heretofore been

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amended, shall be further amended by adding thereto a paragraph in the following words and language, to-wit: Art. 7, Sec. 7, p. 1 (2-5501). Bond issue. Provided, however, that in addition to the bonded indebtedness now or hereafter authorized by this Constitution, and without restriction as to the limitation of taxable values of property for bond purposes, Chattooga County is hereby authorized and empowered to issue bonds sufficient in amount to refund, pay off, and retire all 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 of said County on the date as determined by the governing authority of said County, which date shall not be earlier than 10 days and not more than 60 days next after the date of the proclamation of the Governor declaring this amendment ratified; said bonds to be known and designated as Funding Bonds. In the event the privilege granted herein is exercised by said County after said date as so determined by said governing authority, said County and the governing authority thereof are prohibited from issuing warrants and deferred payment orders on the Treasury of said County, and said County shall thereafter 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 may be determined by the governing authority of said County, by checks drawn on the depository or depositories holding the funds of said County, and in no other way; no such checks to be issued and delivered unless funds are on deposit sufficient to immediately pay same and all other then outstanding checks, all such checks to be signed by the Chief Executive Officer of said governing authority, and countersigned by the Clerk of said County, with the right in said governing authority to borrow money to supply casual deficiencies in revenue as heretofore authorized by this Constitution; with the further

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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. All tax levies for lawful County purposes heretofore made and made in the year 1941, and in each year thereafter by the governing authority charged with the duty of managing said County's affairs shall be legal, with the express power and authority in said governing authority to levy and collect taxes for lawful County purposes for the then current year for use all or in part in the operation of said County for the next ensuing year. No violation of any provision of this amendment as to the conduct of the fiscal affairs of said County after the date determined by the governing authority for the issuance of Funding Bonds shall in any wise affect or impair the validity of said Funding Bonds. Cash basis. Said Funding Bonds shall have such terms and provisions as to maturity, rate of interest, and otherwise as may be fixed by the governing authority of said County, provided, however, that said bonds must all mature within thirty years from date of issuance. Provision shall be made by the governing authority by resolution for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said Funding 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 and interest thereon of said County, as may be determined by the date set by the governing authority of said County. Said Funding Bonds shall be issued under the authority hereof when authorized by a majority vote and resolution of the governing authority of Chattooga County, but without the necessity of an election as in the case of original obligation bonds of said County, and

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shall then be validated in the manner and under the procedure as is provided by law for the validation of original obligation bonds. Maturity. 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 Chattooga County to issue Funding Bonds, and thereafter to operate on a cash basis, 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 Chattooga County to issue Funding Bonds, and thereafter to operate on a cash basis, and for other purposes. And if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, 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 7, Section 7, Paragraph 1, of the Constitution of the State of Georgia, and the Governor shall make proclamation therefor as provided by law. Submission to vote. Proclamation.

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Section 3. Be it further enacted, that all laws or parts of laws, in conflict herewith be, and the same are, hereby repealed. Approved February 24, 1941. CLAXTON SCHOOL DISTRICT REFUNDING BONDS. No. 143. 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 Claxton School District of Evans County 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 a portion of its existing bonded indebtedness and interest thereon due and unpaid as of January 1, 1941, and which becomes due up to and including July 1, 1941; to provide that the funds raised from such additional bonded indebtedness shall be used exclusively for the retirement of said bonded indebtedness, and interest thereon due and unpaid on January 1, 1941, or which may become due up to and including July 1, 1941; to provide for the submission of the amendment for ratification by the people, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Article 7, Section 7, Paragraph 1 of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph, in the following words, to-wit: Art. 7, Sec. 7, p. 1 (2-5501). And except that the Claxton School District of Evans County may issue refunding bonds not in excess of the aggregate sum of $22,000.00 for the purpose of refunding

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and retiring any bonded indebtedness and interest thereon of said School District outstanding, past due and unpaid on January 1, 1941, and any bonded indebtedness and interest thereon of said School District outstanding and which becomes due up to and including July 1, 1941, and provide for the assessment and collection of an annual tax, sufficient in amount to pay the principal and interest of said bonds as they fall due; the proceeds of all such refunding bonds so issued by the Claxton School District of Evans County to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon due and unpaid as of January 1, 1941, and any bonded indebtedness and interest thereon outstanding and which becomes due up to and including July 1, 1941, said refunding bonds shall be issued when authorized by a resolution of the Board of Trustees of Claxton School District, 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 provious 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 Claxton School District of Evans County 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 Claxton School District of Evans County to issue refunding bonds. And

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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 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 6, 1941. CLAXTON REFUNDING BONDS. No. 377. 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 Claxton 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 July 1, 1941, and which becomes 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, and interest thereon due and unpaid on July 1, 1941, or which may become due up to and including January 1, 1943; 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

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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 Claxton may issue Refunding Serial Bonds not in excess of the aggregate sum of $5,000.00, for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said City outstanding, past due and unpaid on July 1, 1941, and any bonded indebtedness and interest thereon of said City outstanding and which becomes due up to and including January 1, 1943, 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 Claxton to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon due and unpaid as of July 1, 1941, and any bonded indebtedness and interest thereon outstanding and which becomes due up to and including January 1, 1943. Said Refunding Bonds shall be issued when authorized by an ordinance of the officials of the City of Claxton charged with the duty of managing its corporate affairs, and shall be validated as provided by law. Refunding serial bonds. Section 2. Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by two-thirds vote of the members of each House, with the ayes and nays thereon, and published in one or more newspapers in each Congressional District in this State for two months previous to the time for holding the next general election, at which proposed amendments to the Constitution of this State may be voted on, same 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,

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of the Constitution authorizing the City of Claxton 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 Claxton 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 the 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. Proclamation. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 27, 1941. COBB COUNTY WARRANT REFUNDING BONDS. No. 34. A Resolution to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize Cobb County by vote of its fiscal authority to issue, in addition to all other bonds, Funding Bonds sufficient in amount to pay off and retire the designated warrant indebtedness of said County the aggregate sum not to exceed $150,000; to provide that in the event such warrant indebtedness is paid off and retired by such issuance 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 a penalty for violating the terms of this Act; 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

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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 legalize tax levies and to authorize the levy and collection of a tax in the current year for use, all or in part, for the operation of said County for the ensuing year; 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 provide that the proceeds of said bonds shall be used exclusively for paying off and retiring a designated warrent indebtedness; to provide for the submission of this amendment for ratification or rejection by the people, To provide for terms and conditions of operation of amendment and of proclamation, 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 Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding thereto a paragraph in the following words and language, to-wit: Art. 7, Sec. 7, p. 1 (2-5501). Bond issue. Provided, however, that in addition to the bonded indebtedness now or hereafter authorized by this Constitution, and without restriction as to the limitation of taxable values of property for bond purposes, Cobb County is hereby authorized and empowered to issue bonds sufficient in amount the aggregate sum not to exceed $150,000 to refund, pay off, and retire all 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 of said County on the date as determined by the governing authority of said County, which date shall be not earlier than 10 days and not more than 60 days next after the date of the proclamation of the Governor declaring this amendment ratified; said bonds to be known and designated as Funding Bonds.

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In the event the privilege to issue as granted herein is exercised by said County after said date as so determined by said governing authority, said County and the governing authority thereof are prohibited from issuing warrants and deferred payment orders on the Treasury of said County, and said County shall thereafter 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 may be determined by the governing authority of said County, by checks drawn on the depository or depositories holding the funds of said County, and in no other way; no such checks to be issued and delivered unless funds are on deposit sufficient to immediately pay same and all other than outstanding checks, all such checks to be signed by the Chief Executive Officer of said governing authority, and countersigned by the Treasurer of said County; any such Chief Executive Officer issuing, or any such Treasurer countersigning and delivering any check where there are insufficient funds on deposit sufficient to immediately pay same, and all other then outstanding checks, shall be guilty of a misdemeanor and shall be subject to removal from office by writ of mandamus; with the right in said governing 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. All tax levies for lawful County purposes heretofore made and made in the year 1941, and in each year thereafter by the governing authority charged with the duty of managing said County's affairs shall be legal, with the express power and authority in said governing authority to levy and collect

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taxes for lawful County purposes for the then current year for use all or in part in the operation of said County for the next ensuing year. No violation of any provision of this amendment as to the conduct of the fiscal affairs of said County after the date determined by the governing authority for the issuance of Funding Bonds shall in any wise affect or impair the validity of said Funding Bonds. Cash basis. Misdemeanor. Said Funding Bonds shall have such terms and provisions as to maturity, rate of interest, and otherwise as may be fixed by the governing authority of said County, provided, however, that said bonds must all mature and be paid within thirty years from date of issuance. Provision shall be made by the governing authority by resolution for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said Funding 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 and interest thereon of said County, as may be determined by the date set by the governing authority of said County. Said Funding Bonds shall be issued under the authority hereof when authorized by a majority vote and resolution of the governing authority of Cobb County, but without the necessity of an election as in the case of original obligation bonds of said County, and shall then be validated in the manner and under the procedure as is provided by law for the validation of original obligation bonds. Maturity. Section 1A. Be it further enacted that no Funding Bonds shall be issued unless a majority of the electors of Cobb County qualified to vote for members of the General Assembly, voting thereon, shall vote for the ratification of this amendment. County majority vote necessary. 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

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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 Cobb County to issue Funding Bonds, and thereafter to operate on a cash basis, 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 Cobb County to issue Funding Bonds, thereafter to operate on a cash basis 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 7, Section 7, Paragraph 1, of the Constitution of the State of Georgia, and the Governor shall make proclamation therefor as provided by law, but, only if this amendment received the majority of votes as specified in Section 1A hereof. Submission to vote. Proclamation. Section 3. Be it further enacted, that all laws or parts of laws, in conflict herewith be, and the same are, hereby repealed. Approved March 27, 1941.

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COCHRAN REFUNDING BONDS. No. 153. 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 Cochran 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 February 1, 1941, and which becomes due up to and including November 1, 1953; 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 February 1, 1941, or which may become due up to and including November 1, 1953; 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 City of Cochran may issue refunding serial bonds not in excess of the aggregate sum of $46,000.00, for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said City outstanding, past due and unpaid on February 1, 1941, and any bonded indebtedness and interest thereon of said City outstanding and which becomes due up to and including November 1, 1953, 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 all such refunding bonds so issued by the City

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of Cochran to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon due and unpaid as of February 1, 1941, and any bonded indebtedness and interest thereon outstanding and which becomes due up to and including November 1, 1953. Said refunding bonds shall be issued when authorized by an ordinance of the officials of the City of Cochran charged with the duty of managing its corporate affairs, and shall be validated as provided by law. Refunding serial 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 Cochran 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 Cochran 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 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. Proclamation.

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Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 10, 1941. CONTRACTURAL RIGHTS OF CITIES, TOWNS, MUNICIPALITIES AND COUNTIES. No. 367. An Act to propose an amendment to Article Seven, Section Six of the Constitution of Georgia, authorizing counties and municipal corporations to contract with each other or with public agencies, public corporations or authorities and to convey existing facilities to any public agencies, public corporations or authorities and to provide hospitalization facilities. Be it enacted by the General Assembly of Georgia: Section 1. That Article Seven, Section Six of the Constitution of Georgia, as heretofore amended, be further amended by adding at the end of said Section Six the following new paragraph to be designated as Paragraph Three, to-wit: Art. 7, Sec. 6, p. 3. Paragraph 3. (a) Any city, town, municipality or county of this State may contract for any period not exceeding thirty years with each other or with any public agency, public corporation or Authority now or hereafter created for the use by such subdivisions or the residents thereof of any facilities or services of any such city, town, municipality, county, public agency, public corporation or Authority, provided such contracts shall deal with such activities and transactions as such subdivisions are by law authorized to undertake. Contractural authority. (b) Any city, town, municipality or county of this State is empowered, in connection with any contracts authorized by the preceding paragraph, to convey to any public

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agency, public corporation or Authority now or hereafter created existing facilities operated by such city, town, municipality or county for the benefit of residents of such subdivisions, provided the land, buildings and equipment so conveyed shall not be mortgaged or pledged to secure obligations of any such public agency, public corporation or Authority and provided such facilities are to be maintained and operated by such public agency, public corporation or Authority for the same purposes for which such facilities were operated by such city, town, municipality or county. Nothing in this Section shall restrict the pledging of revenues of such facilities by any public agency, public corporation or Authority. Conveyance. (c) Any city, town, municipality or county of this State, or any combination of the same, may contract with any public agency, public corporation or Authority for the care, maintenance and hospitalization of its indigent sick, and may as a part of such contract obligate itself to pay for the cost of acquisition, construction, modernization or repairs of necessary buildings and facilities by such public agency, public corporation or Authority, and provide for the payment of such services and the cost to such public agency, public corporation or Authority of acquisition, construction, modernization or repair of buildings and facilities from revenues realized by such city, town, municipality or county from any taxes authorized by the Constitution of this State or revenues derived from any other sources. Obligations. Section 2. That when this amendment shall have been agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly, the same shall be entered on the journals with the ayes and nays taken thereon and shall be published and submitted to the people for ratification or rejection at the next general election, as provided for by the Act of the General Assembly approved March 24, 1939. Submission to vote. Approved March 27, 1941.

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COOK COUNTY REFUNDING BONDS. No. 305. An Act to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize the County of Cook 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 a portion of its existing bonded indebtedness and interest thereon due and unpaid as of September 1, 1940, and which becomes due up to and including December 1, 1949, or any part thereof; 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 as of September 1, 1940, or which may become due up to and including December 1, 1949, or any part thereof; to provide how and when said refunding bonds may be executed, issued and delivered; to provide for the submission of the amendment for the 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 a new paragraph, in the following words, to-wit: Art. 7, Sec. 7, p. 1 (2-5501). And except that the County of Cook may issue refunding serial bonds not in the excess of the aggregate sum of $40,000.00, for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said County outstanding, due and unpaid as of September 1, 1940, and any bonded indebtedness and interest thereon of said County outstanding and which becomes due up to and including December 1, 1949, or any part thereof, and provide

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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 Cook to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon due and unpaid as of September 1, 1940, and any bonded indebtedness and interest thereon outstanding, and which becomes due up to and including December 1, 1949, or any part thereof. All of said refunding bonds shall bear one date of issue, and be executed by the proper County officials then in office, when authorized by a resolution of the officials of Cook County charged with the duty of managing its affairs, and shall be validated in the manner and under the procedure as is provided by law for the validation of original obligation bonds, and said refunding bonds shall be sold and delivered, and the proceeds used to acquire bonds, or exchange for bonds, of the existing County bonded indebtedness, such sales or exchanges to be made from time to time under authority of resolutions of the governing authority of said County. In case the officers whose signatures, or facsimile signatures, shall appear on the bonds or coupons shall cease to be such officers before delivery of such bonds, such signatures shall nevertheless be valid and sufficient in all respects, the same as if they had remained in office until such delivery. 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, same 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

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written or printed on their ballots the words, For ratification of amendment to Article 7, Section 7, Paragraph 1, of the Constitution authorizing the County of Cook 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 County of Cook 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 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. Proclamation. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 27, 1941. COOK COUNTY WARRANT REFUNDING BONDS. No. 411. 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 Cook County by vote of its fiscal authority to issue, in addition to all other bonds, Funding Bonds sufficient in the amount to pay off and retire the warrant indebtedness, notes, judgments, county orders, open accounts, and demands of all kinds against said County; to provide that in the event such 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, except that the right in said governing authority

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to borrow money to supply casual deficiencies in revenue as heretofore authorized shall not be affected nor defeated by this amendment; to provide that the bills and claims of and against said County shall be paid by check, and how such checks shall be executed; to legalize tax levied through the year 1941, and to authorize the levy and collection of a tax in the current year for use, all or in part, for the operation of said County for the next ensuing year; to provide how said bonds shall be authorized, validated and issued; to require the fiscal authority of said County to make provisions for paying off and retiring said bonds; to provide that the proceeds of said bonds shall be used exclusively for paying off and retiring the designated county 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 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 paragraph in the following words and language, to-wit: Art. 7, Sec. 7, p. 1 (2-5501). Bond issue. Provided, however, that in addition to the bonded indebtedness now or hereafter authorized by this Constitution, and without restriction as to the limitation of taxable values of property for bond purposes, Cook County is hereby authorized and empowered to issue bonds sufficient in amount to refund, pay off, and retire all unpaid, outstanding and existing warrant indebtedness of said County, and all orders, notes, judgments, open accounts, and other demands of every kind and character against said County, including interest due or payable thereon, as the same appears of record in the office of the Commissioners of Roads and Revenues of said County of Cook on the date as determined by the governing authority of said County, which date shall be not earlier than ten days and not more than

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sixty days next after the date of the proclamation of the Governor declaring this amendment ratified; said bonds to be known and designated as `Funding Bonds.' In the event the privilege granted herein is exercised by said County after said date as so determined by said governing authority, said County and the governing authority thereof are prohibited from issuing warrants and deferred payment orders on the Treasury of said County, and said County shall thereafter 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 authority of said County, and in no other way; no such checks to be issued and delivered unless funds are on deposit sufficient to immediately pay same and all other then outstanding checks, all such checks to be signed by the Chief Executive Officer of said governing authority, and countersigned by the Vice Chairman of said authority of the County, with the right in said governing authority to borrow money to supply casual deficiencies in revenue as heretofore authorized by this Constitution. All tax levies for lawful County purposes heretofore made and made in the year 1941 by the governing authority charged with the duty of managing said County's affairs shall be legal with the express power and authority to levy and collect taxes for lawful County purposes for the then current year for use all or in part in the operation of said County for the next ensuing year. No violation of any provision of this amendment as to the conduct of the fiscal affairs of said County after the date determined by the governing authority for the issuance of Funding Bonds shall in any wise affect or impair the validity of said Funding Bonds. Cash basis. Said Funding Bonds shall have such terms and provisions as to maturity, rate of interest, and otherwise, as may be fixed by the governing authority of said county, provided however, that said bonds must all mature within

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thirty years from the date of issuance. Provision shall be made by the governing authority by resolution for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said Funding Bonds as they respectively become due, and the proceeds of said bonds shall be exclusively used for the purpose of paying and retiring the indebtedness and interest thereon of said County, as may be determined at the date set by the governing authority of said County. Said Funding Bonds shall be issued under the authority hereof when so authorized by a majority vote and resolution of the governing authority of Cook County but without the necessity of an election as in the case of original obligation bonds of said County, and shall then be validated in the manner and under the procedure as is provided by law for the validation of original obligation bonds. Maturity 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 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 Cook County to issue Funding Bonds, and thereafter to operate on a cash basis, 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 Paragraph 1, of the Constitution, so as to authorize Cook County to issue Funding Bonds, and thereafter to

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operate on a cash basis, 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 7, Section 7, Paragraph 1, of the Constitution of the State of Georgia, and the Governor shall make proclamation therefor as provided by law. Submission to vote. Proclamation. Section 3. Be it further enacted, that all laws or parts of laws, in conflict herewith be, and the same, are hereby repealed. Approved March 27, 1941. CORDELE REFUNDING BONDS. No. 294. 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 Cordele 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 April 1, 1941, and which becomes due up to and including October 1, 1942; 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 April 1, 1941, or which may become due up to and including October 1, 1942; 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

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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 Cordele may issue refunding serial bonds not in excess of the aggregate sum of $75,000.00, for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said City outstanding, due and unpaid on April 1, 1941, and any bonded indebtedness and interest thereon of said City outstanding and which becomes due up to and including October 1, 1942, 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 fall due; the proceeds of all such refunding bonds so issued by the City of Cordele to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon due and unpaid as of April 1, 1941, and any bonded indebtedness and interest thereon outstanding and which becomes due up to and including October 1, 1942. Said refunding bonds shall be issued when authorized by an ordinance of the officials of the City of Cordele charged with the duty of managing its corporate affairs, 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, same 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

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Constitution authorizing the City of Cordele 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 Cordele 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 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. Proclamation. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 27, 1941. CRAWFORD REFUNDING BONDS. No. 309. 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 Crawford 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, 1941, and which becomes due up to and including January 1, 1950; 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, 1941, and which may become due up to and including January 1, 1950; to provide for the submission

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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 Crawford may issue refunding serial bonds not in excess of the aggregate sum of $38,000.00, for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said City outstanding, due and unpaid on January 1, 1941, and any bonded indebtedness and interest thereon of said City outstanding and which becomes due up to and including January 1, 1950, 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 fall due; the proceeds of all such refunding bonds so issued by the City of Crawford to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon due and unpaid as of January 1, 1941, and any bonded indebtedness and interest thereon outstanding and which becomes due up to and including January 1, 1950. Said Refunding Bonds shall be issued when authorized by an ordinance of the officials of the City of Crawford charged with the duty of managing its corporate affairs, 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, same 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 Crawford 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 Crawford 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 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. Proclamation. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 27, 1941. CRAWFORD SCHOOL DISTRICT REFUNDING BONDS. No. 292. 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 Crawford School District, of Oglethorpe County, 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 past due up to and including

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January 1, 1952; 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, past due and unpaid on July 1, 1939, or which may become due up to and including January 1, 1952 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 Crawford School District, of Oglethorpe County, may issue refunding bonds not in excess of the aggregate sum of $17,500.00, for the purpose of refunding and retiring the bonded indebtedness and interest thereon of said School District outstanding, past due and unpaid on July 1, 1939, and any bonded indebtedness and interest thereon of said School District outstanding and which becomes due up to and including January 1, 1952, and provided for the assessment and collection of 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 Crawford School District, Oglethorpe County, to be used exclusively for the purpose of paying and retiring, said bonded indebtedness and interest thereon past due and unpaid as of July 1, 1939, and any bonded indebtedness and interest thereon outstanding and which becomes due up to and including January 1, 1952, said Refunding Bonds shall be issued when authorized by a resolution of the Board of Trustees of Crawford School Districts, and shall be validated as provisded by law. Refunding bonds. Tax. Section 2. Be it further enacted by the authority aforesaid,

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that when said amendment shall be agreed to by a 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, same 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 Crawford School District, of Oglethorpe County, 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 Crawford School District, of Oglethorpe County, to issue refunding bonds, And if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the 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. Proclamation. Section 3. It is expressly enacted that the Crawford School District herein mentioned be and the same consists of the same area and has the same boundaries as the original Crawford School District which issued the bonds now outstanding. Area. Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 27, 1941.

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DADE COUNTY BONDED DEBT. No. 301. 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 Dade 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 a portion of its existing bonded indebtedness and interest thereon due and unpaid as of January 1, 1940, and which becomes due up to and including January 1, 1945; to provide that the funds raised from such additional bonded indebtedness shall be used exclusively for the retirement of said bonded indebtedness, and interest thereon due and unpaid on January 1, 1940, or which may become due up to and including January 1, 1945; 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 Dade may issue refunding bonds not in excess of the aggregate sum of $32,000.00, for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said county outstanding past due and unpaid on January 1, 1940, and any bonded indebtedness and interest thereon of said county outstanding and which becomes due up to and including January 1, 1945, and provide for the assessment and collection of an annual tax, sufficient in amount to pay the principal and interest of said bonds as they fall due; the proceeds of all such refunding bonds so issued by the County

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of Dade to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon due and unpaid as of January 1, 1940, and any bonded indebtedness and interest thereon outstanding and which becomes due up to and including January 1, 1945, Said refunding bonds shall be issued when authorized by a resolution of the Ordinary of Dade County, and shall be validated as provided by law. Refunding bonds. Tax. 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 County of Dade 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 Dade 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 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. Proclamation.

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Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 27, 1941. DAVISBORO CONSOLIDATED SCHOOL DISTRICT REFUNDING BONDS. No. 36. A Resolution to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize Davisboro Consolidated School District, of Washington County, 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 a portion of its existing bonded indebtedness and interest thereon past due and unpaid as of January 1, 1941, and which becomes due up to and including July 1, 1941; to provide that the funds raised from such additional bonded indebtedness shall be used exclusively for the retirement of said bonded indebtedness and interest thereon, past due and unpaid on January 1, 1941, and which may become due up to and including July 1, 1941; to provide for the submission of the amendment for ratification by the people, and for other purposes: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph in the following words, to-wit: Art. 7, Sec. 7, p. 1 (2-5501). And except that Davisboro Consolidated School District, of Washington County, may issue refunding bonds not in excess of the aggregate sum of $12,000.00, for the purpose of refunding and retiring any bonded indebtedness

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and interest thereon of said School District outstanding, past due and unpaid on January 1, 1941, and any bonded indebtedness and interest thereon of said School District outstanding and which becomes due up to and including July 1, 1941, and provide for the assessment and collection of an annual tax, sufficient in amount to pay the principal and interest of said bonds so issued by Davisboro Consolidated School District, of Washington County, to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon past due and unpaid as of January 1, 1941, and any bonded indebtedness and interest thereon outstanding and which becomes due up to and including July 1, 1941. Said refunding bonds shall be issued when authorized by a resolution of the Board of Trustees of Davisboro Consolidated School District, 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, same 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 amendments 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 Davisboro Consolidated School District, of Washington County, 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 Davisboro Consolidated School District, of Washington County, to issue refunding bonds. And if a majority of

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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 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. Proclamation. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 27, 1941. DEKALB COUNTY TAX AUTHORITY. No. 30. A Resolution proposing to the qualified voters of Georgia an amendment to Article 11, Section 1, of the Constitution of this State, by adding at the end of said section a new paragraph as follows: The Commissioner of Roads and Revenues of DeKalb County shall have authority to establish and administer sewerage, water and/or fire prevention systems; to establish and maintain parks and hospitals; and to levy taxes or assessments on property 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 Article 11, Section 1, of the Constitution of the State of Georgia be amended by adding at the end of said section a new paragraph, as follows: The Commissioner of Roads and Revenues of DeKalb County shall have authority to establish and administer sewerage, water, and/or fire prevention systems, to establsh and maintain parks and hospitals; and to levy taxes or assessments on property therefor. Art. 11, Sec. 1. Tax authority. Section 2. Be it further enacted by the authority aforesaid,

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that when said amendment shall be agreed to by a two-thirds vote of the members elected to each House, it shall be entered upon the Journal of each House, with the ayes and nays thereon, and published in one or more newspapers in each Congressional District in this State for two months prior to the time for holding the next general election, and shall at the next general election be submitted to the people for ratification. All persons voting at said general election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, For ratification of amendment to Article II, Section I, of the Constitution of Georgia, authorizing DeKalb County to establish sewerage, water and/or fire prevention systems, and parks and hospitals; 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 Artcile 11, Section 1, of the Constitution of Georgia, authorizing DeKalb County to establish sewerage, water, and/or fire prevention systems and parks and hospitals. And if a majority of said electors qualified to vote for members of the General Assembly, voting thereon, shall vote for the ratification thereof, when the result shall be consolidated as now required by law in elections for members of the General Assembly, then said amendment shall become a part of Article 11, Section 1, of the Constitution of the State, and the Governor shall make proclamation thereof as provided by law. Submission to vote. Proclamation. Approved March 27, 1941. DODGE COUNTY BONDED DEBTS. No. 31. A Resolution proposing to the qualified voters of this State for ratification or rejection an amendment to Article 7, Section 7, Paragraph 1 of the Constitution so as to authorize the issuance of funding bonds for the retirement

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of county warrants or other legal indebtedness of the County of Dodge; to provide the conditions under which such bonds may be issued; to require the operation of Dodge County upon a cash basis after such funding bonds are issued and to make provision for the payment of the funding bonds authorized by this amendment; and for other purposes. Be it and it is hereby resolved by the General Assembly of Georgia: 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 to read as follows: Art. 7, Sec. 7, p. 1 (2-5501). Bond issue. Provided, however, that in addition to the bonded indebtedness now or hereafter authorized by this Constitution, Dodge 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, when issued, to be known and designated as `warrant refunding bonds.' In the event the privilege granted herein is exercised by said County, the County fiscal authorities are thereafter prohibited from issuing warrants and deferred payment orders on the treasury of said County, and said County shall be operated on a cash basis so that all bills or claims chargeable to or against said County or payable out of the treasury of said County shall be paid monthly or otherwise as determined by the fiscal authorities of said County, or as

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promptly as possible by checks drawn on the depository or depositories holding the funds of said County, and in no other way. No such check shall be issued until funds are on deposit sufficient to immediately pay same and all other checks then outstanding, and all such checks shall be signed by the chairman of said board or the chief executive officer of said County and signed or approved in writing by the treasurer of said County. The County fiscal authorities shall, notwithstanding this amendment, continue to have and exercise the right to borrow money to supply casual deficiencies in revenue as heretofore authorized by this Constitution. The County fiscal authorities shall have the 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 the expenses of courts, any existing provision of this Constitution or any law, rule or resolution, of any other board, commissioner or authority to the contrary notwithstanding. Said warrant refunding bonds shall have such terms and provisions as to maturity, rate of interest and otherwise, as may be fixed by the County fiscal authorities, provided, however, that said bonds must all mature within thirty years from the date of issuance. Provision shall be made by the proper fiscal authority by formal resolution for the assessment and collection of an annual tax in amount sufficient 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 described. Said warrant refunding bonds shall not be issued until so authorized by an election held as hereinafter provided. When the County fiscal authorities shall by vote or resolution petition the ordinary of the County to call an election for the purpose of determining whether or not said refunding bonds shall be issued, it shall be the duty of the ordinary, within thirty days after said resolution has been filed with him, to call an election for the purpose of submitting

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to the qualified voters of the County the question of the issuance of said bonds. Said election shall be held and governed by all of the provisions of law now relating to other special elections, except that if a majority of the qualified voters voting in said election shall vote `for the issuance of warrant refunding bonds,' then the ordinary of the County shall so declare the result and said refunding bonds shall be validated and issued in the manner and under the procedure now provided by law for the validation of original obligation bonds, and in accordance with this amendment. Should a majority of the qualified voters voting in said election vote `against issuance of warrant refunding bonds,' then said bonds shall not be issued. Cash basis. Authority to budget. Maturity. Tax. Election to be called. Section 2. When this amendment shall have been agreed to by a two-thirds vote of the members of each House and the ayes and nays thereon entered upon the respective journals, it shall be published, an election held thereon and the results thereof declared in the manner and according to the procedure outlined in the Act of 1939, (Ga. Laws 1939, p. 305). Submission to vote. Approved March 26, 1941. DOERUN REFUNDING BONDS. No. 26. A Resolution to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize the City of Doerun, in Colquitt 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 indebtedness, and to authorize the governing authorities of the City of Doerun, without a vote of the people, to authorize the issuance of said refunding bonds, and to

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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, towit: Art. 7, Sec. 7, p. 1 (2-5501). And execept that the City of Doerun, in Colquitt 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 Doerun 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 Doerun, 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 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

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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 Doerun 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 Doerun 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. Proclamation. 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 26, 1941. EFFINGHAM COUNTY REFUNDING BONDS. No. 7. A Resolution to propose to the qualified voters 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 County of Effingham to incur a bonded indebtedness in addition to that heretofore authorized by the Constitution and laws of Georgia. For the purpose of the retirement and payment of the deficit and current indebtedness of the County of Effingham due and unpaid as of

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November 1, 1941, to provide that the funds raised from such bonded indebtedness shall be used exclusively for the retirement of said deficit and current indebtedness that is or may become due and unpaid as of November 1, 1941; to authorize the County of Effingham to issue bonds for the payment and retirement of all notes and other liquidated or unliquidated demands outstanding and unpaid as of November 1, 1941, for which the County of Effingham may be liable, and to provide that funds raised from such bonded indebtedness shall be used exclusively for the payment and retirement of the indebtedness and obligations for which they are issued; to authorize the assessment and collection of an annual tax sufficient to pay principal and interest of said bonds as they become due; to authorize the fixing of the rate of interest, the date of issuance and other details incident to the issuance 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 Georgia and it is hereby enacted by the authority of the same that Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, incorporated in the Code of 1933 as section 2-5501, which has been heretofore amended, shall be further amended by adding at the end thereof a new paragraph to be worded as follows, towit: And except, that the County of Effingham, in addition to the bonded indebtedness heretofore authorized by the Constitution and laws of Georgia, may issue serial bonds not in excess of the sum of One Hundred Thousand ($100,000.00) Dollars, for the payment and retirement of the deficit and current indebtedness of the County of Effingham, the same being represented by notes, open accounts and other liquidated or unliquidated demands for which said County of Effingham may be liable, outstanding and unpaid as of November 1, 1941; and shali provide for the assessment

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and collection of an annual tax sufficient in amount to pay the principal and interest of said bonds as they become due. Said serial bonds so issued shall mature in Ten (10) annual equal amounts beginning One (1) year from date of issuance and maturing each year thereafter for a period of Ten (10) years. The proceeds of such bonds shall be used exclusively for the purpose of paying and retiring said outstanding unpaid notes, open accounts and other liquidated and unliquidated demands as of November 1, 1941, for which said County of Effingham may be liable. Said bonds may be issued and validated when authorized by a majority vote of the Commissioners of Roads and Revenues of Effingham County, who are hereby authorized and empowered to fix the rate of interest, the date of issuance and all other details incident to the issuance and sale of said bonds. Art. 7, Sec. 7, p. 1 (2-5501). Bond issue. Tax. Section 2. Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by two-thirds (2/3) vote of the members 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 this State 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. Publication. All persons voting in 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 Effingham to issue bonds for retirement of indebtedness due and unpaid as of November 1, 1941, and all persons opposed to the adoption of said amendment shall have written or printed on their ballots, Against ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution authorizing the County of Effingham to issue bonds

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for retirement of indebtedness due and unpaid as of November 1, 1941, and if a majority of 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 the State and the Governor shall make a Proclamation therefor as provided by law, and the County of Effingham 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. Proclamation. 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 February 24, 1941. EVANS COUNTY WARRANT REFUNDING BONDS. No. 266. 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 Evans County by vote of its fiscal authority to issue, in addition to all other bonds, Funding Bonds sufficient in amount to pay off and retire the designated warrant and script 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 legalize tax levies and to authorize the levy and collection of a tax in the current year for use, all or in

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part, for the operation of said County for the ensuing year; to provide how said bonds shall be authorized, validated and issued; to require fiscal authority of said County to make provision for paying off and retiring said bonds; to 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 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 paragraph in the following words and language, to-wit: Art. 7, Sec. 7, p. 1 (2-5501). Bond issue. Provided, however, that in addition to the bonded indebtedness now or hereafter authorized by this Constitution, and without restriction as to the limitation of taxable values of property for bond purposes, Evans County is hereby authorized and empowered to issue bonds sufficient in amount to refund, pay off, and retire all unpaid, outstanding and existing warrant and script indebtedness of said County, including interest due or payable thereon, as the same appears of record in the office of the Commissioners of Roads and Revenues of said County on the date as determined by the governing authority of said County, which date shall be not earlier than 10 days and not more than 60 days after the date of the proclamation of the Governor declaring this amendment ratified; said bonds to be known and designated as Funding Bonds. In the event the privilege granted herein is exercised by said County after said date as so determined by said governing authority, said County and the governing authority thereof are prohibited from issuing warrants and deferred payment orders on the Treasury of said

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County, and said County shall thereafter 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 may be determined by the governing authority of said County, by checks drawn on the depository or depositories holding the funds of said County, and in no other way; no such checks to be issued and delivered unless funds are on deposit sufficient to immediately pay same and all other outstanding checks, all such checks to be signed by the Chief Executive Officer of said governing authority to borrow money to supply casual deficiencies in revenue as heretofore authorized by this Constitltion. All tax levies for lawful County purposes heretofore made and made in the year 1941 and in each year thereafter by the governing authority charged with the duty of managing said County's affairs shall be legal, with the express power and authority in said governing authority to levy and collect taxes for lawful County purposes for the then current year for use all or in part in the operation of said County for the next ensuing year. No violation of any provision of this amendment as to the conduct of the fiscal affairs of said County after the date determined by the governing authority for the issuance of Funding Bonds shall in any wise affect or impair the validity of said Funding Bonds. Cash basis. Said Funding Bonds shall have such terms and provisions as to maturity, rate of interest, and otherwise as may be fixed by the governing authority of said County, provided, however, that said bonds must all mature within thirty years from date of issuance. Provision shall be made by the governing authority by resolution for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said Funding Bonds as they respectfully become due, and the proceeds of said bonds shall be used exclusively for the purpose of paying and retiring the warrant indebtedness and interest thereon of

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said County, as may be determined by the date set by the governing authority of said County. Said Funding Bonds shall be issued under the authority hereof when so authorized by a majority vote and resolution of the governing authority of Evans County, but without the necessity of an election as in the case of original obligation bonds of said County, and shall then be validated in the manner and under the procedure as is provided by law for the validation of original obligation bonds. Maturity. 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 the 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 Evans County to issue Funding Bonds, and thereafter to operate on a cash basis, 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 Evans County to issue Funding Bonds, and thereafter to operate on a cash basis, 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 considered as now required by law in elections for members of the General Assembly,

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then 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 proclamation therefor as provided by law. Submission to vote. Proclamation. Section 3. Be it further enacted that all laws, or parts of laws, in conflict herewith be, and the same are, hereby repealed. Approved March 27, 1941. EXCELSIOR CONSOLIDATED SCHOOL DISTRICT REFUNDING BONDS. No. 307. 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 Excelsior Consolidated School District of Jeff Davis 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 April 1, 1941, and any bonded indebtedness due up to and including April 1, 1953; to provide that the funds raised from such additional bonded indebtedness shall be exclusively used for the retirement of said bonded indebtedness due and unpaid on April 1, 1941, and any bonded indebtedness which becomes due up to and including April 1, 1953; 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 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).

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And except that the Excelsior Consolidated School District, of Jeff Davis County, Georgia, may issue refunding bonds, not in excess of the sum of $24,000, for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said Excelsior Consolidated School District outstanding and which becomes due up to and including April 1, 1953, and to provide for the assessment and collection of an annual tax, sufficient in amount to pay the principal and interest on said bonds as they fall due; the proceeds of all such refunding bonds so issued by said Excelsior Consolidated School District to be used exclusively for the purpose of retiring said bonded indebtedness and interest thereon that is due and unpaid as of April 1, 1941, and any outstanding bonded indebtedness which becomes due up to and including April 1, 1953. Said refunding bonds shall be issued when authorized by a vote of the Trustees of the said Excelsior Consolidated School District, of Jeff Davis County 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 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 said proposed amendment 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 Excelsior Consolidated School District, of Jeff Davis County Georgia, to issue refunding bonds, and all persons opposed to the adoption of this said amendment shall have written or printed on their ballots the words Against

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ratification of Amendment of Article 7, Section 7, paragraph I, of the Constitution, authorizing Excelsior Consolidated School District, of Jeff Davis 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 in election of members of the general assembly, the said Amendment shall become a part of Article 7, Section 7, Paragraph I, of the Constitution of the State, and the Governor shall make proclamation thereof, as provided by law. Submission to vote. Proclamation. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 27, 1941. EXEMPTION FROM TAXATION OF CORPORATIONS ORGANIZED TO ENGAGE IN RURAL ELECTRIFICATION. No. 20. A Resolution proposing to the qualified voters of the State of Georgia for ratification or rejection an amendment to Paragraph 2, Section 2, Article 7 of the Constitution of Georgia so as to exempt from all taxation, state, county, municipal, school district, and political or territorial subdivision of the state having the authority to levy taxes, all cooperative, non-profit, membership corporations under the laws of this state for the purpose of engaging in rural electrification, and all the real and personal property owned or held by such corporations for such purpose; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. That Paragraph 2, Section 2, Article 7 of the Constitution of Georgia be, and the same is hereby

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amended at the end of said paragraph the following language: Art. 7, Sec. 2, p. 2 (2-5002). Exemption from taxation. There is hereby exempted from all taxation, state, county, municipal, school district, and political or territorial subdivision of the state having the authority to levy taxes, all co-operative, non-profit, membership corporations organized under the laws of this state for the purpose of engaging in rural electrification, AS DEFINED IN SUB-SECTION 1 OF SECTION 3 OF THE ACT APPROVED MARCH 30, 1937 PROVIDING FOR THEIR INCORPORATION, and all of the real and personal property owned or held by such corporations for such purposes. The exemption herein provided for shall expire twenty years from January 1, 1942. Section 2. When this amendment shall be agreed to by a two-thirds vote of the members elected to each of the two House, and shall have been entered on their Journals with the Yeas and Nays taken thereon, it shall be published and submitted to the people, and the returns and declaration of the result shall be made, in the manner provided by the Act approved March 24, 1939, (Ga. Laws 1939, PP. 305-307). Submission to vote. Section 3. That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 8, 1941.

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FOUR YEAR TERM FOR GOVERNOR AND OTHER CONSTITUTIONAL OFFICERSELECTIONWHEN HELD. No. 4. A Resolution proposing to the people of Georgia that Article 5, Section 1, Paragraph 2, of the Constitution of Georgia be amended by fixing the terms of office of the Governor and other Constitutional officers at 4 years; that Article 5, Section 1, of the Constitution of Georgia be amended by striking Paragraph 3 in its entirety and inserting in lieu thereof a new paragraph to provide that the first election for Governor, under this Constitution, shall be held on Tuesday after the first Monday in November of 1942, and the Governor elect shall be installed in office at the next session of the General Assembly; to provide that an election shall take place quadrienially thereafter, on said date, until another date be fixed by the General Assembly; to provide that said election shall be held at the places of holding general elections in the counties of this State, in the manner prescribed for the election of members of the General Assembly, to provide that the electors shall be the same, and for other purposes. Be It Resolved by the General Assembly of Georgia: Section 1. That the General Assembly of Georgia proposes to the people of Georgia that Article 5, Section 1, of the Constitution of Georgia be amended by striking Paragraph 2 of said article and section in its entirety and inserting in lieu thereof a new Paragraph 2, which shall read as follows: Art. 5, Sec. 1, p. 2 (2-2602). Paragraph 2. The executive power shall be vested in a Governor, who shall hold his office during the term of four years, and until his successor shall be chosen and qualified. After qualifying for a four-year term, he shall not

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be eligible to be reelected for the next succeeding four-year term, or any part thereof. He shall have a salary of seven thousand five hundred dollars per annum (until otherwise provided by a law passed by a two-thirds vote of both branches of the General Assembly), which shall not be increased or diminished during the period for which he shall have been elected; nor shall he receive, within that time, any other emolument from the United States, or either of them, or from any foreign power. The State officers required by this Constitution to be elected at the same time, for the same term, and in the same manner as the Governor shall also hold office for four years. Four year terms. Provided, however, that the provisions of this paragraph shall not apply to the term of office or the salary of any official elected at the general election of 1940. Proviso. Paragraph 3. That the General Assembly of Georgia proposes to the people of Georgia that Article 5, Section 1, of the Constitution of Georgia be amended by striking Paragraph 3 in its entirety and inserting in lieu thereof a new Paragraph 3, which shall read as follows: Art. 5, Sec. 1, p. 3 (2-2603). Paragraph 3. The first election for Governor, under this Constitution, shall be held on Tuesday after the first Monday in November of 1942, and the Governor elect shall be installed in office at the next session of the General Assembly. An election shall take place quadriennially thereafter, on said date, until another date be fixed by the General Assembly. Said election shall be held at the places of holding general elections in the several counties of this State, in the manner prescribed for the election of members of the General Assembly, and the electors shall be the same. Election, when held. Section 2. That when this amendment shall have been agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly, the same shall be entered on their journals with the yeas and nays taken

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thereon and shall be published and submitted to the people for ratification or rejection at the next general election, as provided for by the Act of the General Assembly approved March 24, 1939. Submission to vote. Approved February 13, 1941. GAINESVILLE BONDED DEBTS. No. 25. A Resolution to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize the City of Gainesville to incur a bonded indebtedness in addition to that heretofore authorized by the Constitution and laws of Georgia for the purpose of refunding and retiring its existed bonded indebtedness due and unpaid up to and including July 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 became due and unpaid as of July 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, 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 Gainesville may issue refunding serial bonds not in excess of the aggregate sum of one hundred thousand ($100,000.00) dollars, for the purpose of refunding and retiring any bonded indebtedness of said City outstanding, past due and unpaid up to and including July 1, 1940, and providing for the assessment

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and collection of an annual tax sufficient in amount to pay the principal and interest of said bonds as they fall due; the proceeds of all such refunding bonds so issued by the City of Gainesville to be used exclusively for the purpose of paying and retiring said bonded indebtedness that is or may become due and unpaid as of July 1, 1940. Said refunding bonds shall be issued when authorized by a vote of the Commissioners of Gainesville, and shall be validated as provided by law. Refunding 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, same shall at said general election be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, For ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the City of Gainesville to issue refunding bonds, and all persons opposed to the adopting of said amendment shall have written or printed on their ballots, Against ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the City of Gainesville to issue refunding bonds. And if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, 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, Paragraph 1, of the Constitution of the State, and the Governor shall make a proclamation therefor as provided by law. Submission to vote. Proclamation.

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Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 26, 1941. GENERAL ASSEMBLY ANNUAL SESSIONS. No. 19. A Resolution proposing to the qualified voters for ratification or rejection an amendment to Article 3, Section 4, Paragraph 3 of the Constitution of Georgia relating to sessions of the General Assembly so as to provide for annual sessions of fifty days; to repeal the provisions relating to organization sessions; to provide the term of officers of the General Assembly; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. That Article 3, Section 4, Paragraph 3 of the Constitution of Georgia which provides as follows: Paragraph III. Meeting. Business limit at first session. The General Assembly shall meet on the second Monday in January, 1933, and biennially thereafter on the same date until the day shall be changed by law. Such session shall continue no longer than ten days, and the only business which shall be transacted thereat shall be the election of officers of the General Assembly and the organization of same; the inauguration of the Governor-elect, and other Statehouse officers, whose terms of office run concurrently with that of the Governor; the election or appointment of committees of each house; the election of the Governor and other Statehouse officers, in the event of no election by the people as under the present provisions of this Constitution; the decision of contested elections for Governor and other officers as under present provisions of the Constitution, and the introduction and first reading of bills and resolutions;

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the impeachment of public officers and trial thereof: Provided, that if, at the end of ten days, an election or contest, or actual trial of impeachment, is pending, the session may be prolonged until all such officers shall be elected, so declared, and finally inaugurated or installed in office. The General Assembly shall reconvene in regular session on the second Monday after the 4th of July, 1933, and biennially thereafter on the same date until the date shall be changed by law. No such regular session of the General Assembly shall continue longer than sixty days: Provided, that if an impeachment trial is pending at the end of sixty days, the session may be prolonged until completion of said trial: Provided further, that the General Assembly, by concurrent resolution adopted by the votes of a majority of a quorum of House and Senate during said special session above provided for, and approved by the Governor, is hereby authorized to fix a date for reconvening in regular session prior to date above provided for, in lieu of the date definitely fixed hereinabove. The terms of the present incumbents of the offices of Governor and those which are for the same as the Governor shall expire upon the inauguration of the Governor at the first biennial session held under the provisions hereof in January, 1933. Bi-annual sessions. be and the same is hereby amended by repealing the entire present Article 3, Section 4 of Paragraph 3 of the Constitution and by inserting in lieu thereof a new Article 3, Section 4, Paragraph 3 to read as follows: Art. 3, Sec. 4, p. 3 (2-1503). Paragraph III. Meeting. The General Assembly shall meet in regular session on the second Monday in January, 1942, and thereafter on the second Monday in January until the day shall be changed by law. No such regular session of the General Assembly shall continue longer than fifty days: Provided, that if an impeachment trial is pending at the end of fifty days, the session may be prolonged until completion of said trial. The terms

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of the present incumbents in the offices of Governor and those which are for the same as Governor shall expire upon the inauguration of the Governor at the session beginning under the provisions hereof in January, 1943. The term of the present officers of the General Assembly shall expire at the session beginning in January, 1943, and thereafter shall be elected for a term of two years. Annual sessions. Section 2. When this amendment shall be agreed to by a two-thirds vote of the members of the House and Senate, it shall be entered upon the journal of each house with the ayes and nays thereon, and shall be published in the manner now provided by law, and shall be submitted at the next general election after such publication to the voters of the State of Georgia qualified to vote for the members of the General Assembly, for ratification or rejection. All persons voting in said election in favor of adopting said proposed amendment shall have written or printed on their ballots the words: For ratification of the amendment to Article III, Section IV, Paragraph III of the Constitution of Georgia, providing an annual Fifty day regular session of the General Assembly. All voters desiring to vote against the ratification of said proposed amendment shall have written or printed on their ballots the words, Against ratification of the amendment to Article III, Section IV, Paragraph III of the Constitution of Georgia, providing an annual fifty day regular session of the General Assembly. If a majority of the electors qualified to vote for the members of the General Assembly shall vote for ratification thereof, the returns shall be consolidated, as now required by law in elections for members of the General Assembly, and the Secretary of State shall certify the results of said election to the Governor and the Governor shall make and publish his proclamation and said amendment shall thereupon become a part of Article III, Section IV, Paragraph III of the Constitution of Georgia. Submission to vote. Proclamation.

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Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 8, 1941. HANCOCK COUNTY BONDED DEBTS. No. 35. A Resolution proposing to the qualified voters of Georgia an amendment to Article 7 of the Constitution of Georgia so as to authorize the County of Hancock to refund bonded indebtedness and to authorize the governing authorities of the County of Hancock without a vote of the people, to authorize the issuance of refunding bonds to meet the present or any future indebtedness whether for bonds or otherwise that may be incurred; to provide for advertisement and submission; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. That Article 7 of the Constitution of Georgia be and the same is hereby amended by adding thereto a new Section and Paragraph to be known as Section 18, Paragraph 1 to read as follows: Art. 7, Sec. 18, p. 1. Article 7, Section 18, Paragraph 1. The County of Hancock be and the same is hereby authorized and empowered to issue refunding bonds to be issued by the proper authorities of the County without a vote of the people to meet the present or any future indebtedness that may be incurred. Refunding bonds. Section 2. When this amendment shall be agreed to by a two-thirds vote 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

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published and submitted to the people, and the returns and declarations of the result shall be made, in the manner provided by the Act approved March 24, 1939, (Georgia Laws 1939, pages 305-307). Submission to vote. Section 3. All laws and parts of laws in connection herewith be and the same are hereby repealed. Approved March 27, 1941. HART COUNTY REFUNDING BONDS. No. 286. 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 Hart County by vote of its fiscal authority to issue, in addition to all other bonds, Funding 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 legalize tax levies and to authorize the levy and collection of a tax in the current year for use, all or in part, for the operation of said County for the ensuing year; 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 provide that the proceeds of said bonds shall be used exclusively for paying off and retiring a designated warrant indebtedness;

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to provide for the submission of this amendment for ratification or rejection by the people, and for other purposes. Be is enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same: Art. 7, Sec. 7, p. 1 (2-5501). Bond issue. 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 paragraph in the following words and language, to-wit: Provided, however, that in addition to the bonded indebtedness now or hereafter authorized by this Constitution, and without restriction as to the limitation of taxable values of property for bond purposes, Hart County is hereby authorized and empowered to to issue bonds sufficient in amount to refund, pay off, and retire all unpaid, outstanding and existing lawful warrant indebtedness of said County, including interest due or payable thereon, as the same appears on record in the office of the Board of Commissioners of said County on the date as determined by the governing authority of said County, which date shall be not earlier than 10 days and not more than 60 days next after the date of the Governor declaring this amendment ratified; said bonds to be known and designated as Funding Bonds. In the event the privilege granted herein is exercised by said County after said date as so determined by said governing authority, said County and the governing authority thereof are prohibited from issuing warrants and deferred payment orders on the Treasury of said County, and said County shall thereafter 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

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monthly or otherwise as may be determined by the governing authority of said County, by checks drawn on the depository or depositories holding the funds of said County, and in no other way; no such checks to be issued and delivered unless funds are on deposit sufficient to immediately pay same and all other then outstanding checks, all such checks to be signed by the Chief Executive Officer of said governing authority, and countersigned by the Clerk of said authority, with the right in said governing authority to borrow money to supply casual deficiencies in revenue as heretofore authorized by this Constitution. All tax levies for lawful County purposes heretofore made and made in the year 1941 and in each year thereafter by the governing authority charges with the duty of managing said County's affairs shall be legal, with the express power and authority in said governing authority to levy and collect taxes for lawful County purposes for the then current year for use all in part in the operation of said County for the next ensuing year. No violation of any provision of this amendment as to the conduct of the fiscal affairs of said County after the date determined by the governing authority for the issuance of Funding Bonds shall in any wise affect or impair the validity of said Funding Bonds. Cash basis. Said Funding Bonds shall have such terms and provisions as to maturity, rate of interest, and otherwise as may be fixed by the governing authority of said County, provided, however, that said bonds must all mature within thirty years from date of issuance. Provision shall be made by the governign authority by resolution for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said Funding 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 and interest thereon of said County, as may be determined by the date set by the governing

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authority of said County. Provided, however, said Refunding Bonds shall not issue without the assent of two-thirds of the qualified registered voters of Hart County at an election held as prescribed by law, and provided, further, that said two-thirds so voting shall be a majority of the registered qualified voters of said County; and if the issuance of such Refunding Bonds is authorized, the same shall then be validated in the manner and under the procedure as is required by law for the validation of original obligation bonds, in which proceedings any tax payer of said County may contest the legality of any debt, for the payment of which said Refunding Bonds, are issued, and no check shall be issued on the proceeds of the said refunding bonds, to pay any indebtedness of said county or for any other purpose, unless signed by each and every commissioner of said county at the regular monthly meeting of said Board of Commissioners. Maturity. Tax. Majority of voters. 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 Hart County to issue Funding Bonds, and thereafter to operate on a cash basis, 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

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to Article 7, Section 7, Paragraph 1, of the Constitution, so as to authorize Hart County to issue Funding Bonds and thereafter to operate on a cash basis, 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 7, Section 7, Paragraph 1, of the Constitution of the State of Georgia, and the Governor shall make proclamation therefor as provided by law. Submission to vote. Proclamation. Section 3. Be it further enacted that all laws or parts of laws, in conflict herewith be, and the same are, hereby repealed. Approved March 27, 1941. HAZLEHURST REFUNDING BONDS. No. 296. 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 Hazlehurst 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 a protion of its existing bonded indebtedness and interest thereon past due and unpaid as of January 1, 1941, and which becomes due up to and including November 1, 1941; 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 past due and unpaid on January 1, 1941, or which may become due up to and including November 1,

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1941; to provide for the submission of the amendment for ratification by the people, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph in the following words, to-wit: Art. 7, Sec. 7, p. 1 (2-5501). And except that the City of Hazlehurst may issue refunding bonds not in excess of the aggregate sum of $15,000 for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said City outstanding past due and unpaid on January 1, 1941, and any bonded indebtedness and interest thereon of said City outstanding and which becomes due up to and including November 1, 1941, 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 fall due; the proceeds of all such refunding bonds so issued by the City of Hazlehurst to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon past due and unpaid as of January 1, 1941, and any bonded indebtedness and interest thereon outstanding and which becomes due up to and including November 1, 1941, Said refunding bonds shall be issued when authorized by an ordinance of the officials of the City of Hazlehurst charged with the duty of managing its corporate affairs, 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 City of Hazlehurst 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 Hazlehurst 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 amendment shall become a part of Article 7, Section 7, Paragraph 1, of the Constitution of the State, and the Governor shall make a proclation therefor, as provided by law. Submission to vote. Proclamation. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 27, 1941. IRWIN COUNTY WARRANT REFUNDING BONDS. No. 33. A Resolution to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize Irwin County by vote of its fiscal authority to issue, in addition to all other bonds, Funding Bonds sufficient in amount to pay off and retire the designated warrant indebtedness of

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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 legalize tax levies and to authorize the levy and collection of a tax in the current year for use, all or in part, for the operation of said County for the ensuing year; 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 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 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 paragraph 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, and without restriction as to the limitation of taxable values of property for bond purposes, Irwin County is hereby authorized and empowered to issue bonds sufficient in amount to refund, pay off, and retire all 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 of said County on the date as determined by the governing authority of said County, which date shall be not earlier than 10 days

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and not more than 60 days next after the date of the proclamation of the Governor declaring this amendment ratified; said bonds to be known and designated as Funding Bonds. Bond issue. In the event the privilege granted herein is exercised by said County after said date as so determined by said governing authority, said County and the governing authority thereof are prohibited from issuing warrants and deferred payment orders on the Treasury of said County, and said County shall thereafter 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 may be determined by the governing authority of said County, by checks drawn on the depository or depositories holding the funds of said County, and in no other way; no such checks to be issued and delivered unless funds are on deposit sufficient to immediately pay same and all other than outstanding checks, all such checks to be signed by the Chief Executive Officer of said governing authority, and countersigned by one other member thereof with the right in said governing authority to borrow money to supply casual deficiencies in revenue as heretofore authorized by this Constitution. All tax levies for lawful County purpose heretofore made and made in the year 1941 and in each year thereafter by the governing authority charged with the duty of managing said County's affairs shall be legal, with the express power and authority in said governing authority to levy and collect taxes for lawful County purposes for the then current year for use all or in part in the operation of said County for the ensuing year. No violation of any provision of this amendment as to the conduct of the fiscal affairs of said County after the date determined by the governing authority for the issuance of Funding Bonds shall in any wise affect or impair the validity of said Funding Bonds. Cash basis. Said Funding Bonds shall have such terms and provisions

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as to maturity, rate of interest, and otherwise as may be fixed by the governing authority of said County, provided, however, that said bonds must all mature within thirty years from date of issuance. Provision shall be made by the governing authority by resolution for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said Funding 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 and interest thereon of said County, as may be determined by the date set by the governing authority of said County. Said Funding Bonds shall be issued under the authority hereof when authorized by a majority vote and resolution of the governing authority of Irwin County, but without the necessity of an election as in the case of original obligation bonds of said County, and shall then be validated in the manner and under the procedure as is provided by law for the validation of original obligation bonds. Maturity. 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 Irwin County to issue Funding Bonds, and thereafter to operate on a cash basis, and for other purposes and all persons opposed to the

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adoption of said amendment shall have written or printed on their ballots the words Against ratification of amendmend to Article 7, Section 7, Paragraph 1, of the Constitution so as to authorize Irwin County to issue Funding Bonds, and thereafter to operate on a cash basis, 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 7, Section 7, Paragraph 1, of the Constitution of the State of Georgia, and the Governor shall make proclamation therefor as provided by law. Submission to vote. Proclamation. Section 3. Be it further enacted that all laws or parts of laws, in conflict herewith be, and the same are, hereby repealed. Approved March 27, 1941. IRWIN COUNTY WARRANT REFUNDING BONDS. No. 312. 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 Irwin County by vote of its fiscal authority to issue, in addition to all other bonds, Funding 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 legalize tax levies

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and to authorize the levy and collection of a tax in the current year for use, all or in part, for the operation of said County for the ensuing year; 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 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 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 paragraph 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, and without restriction as to the limitation of taxable values of property for bond purposes, Irwin County is hereby authorized and empowered to issue bonds sufficient in amount to refund, pay off, and retire all 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 of said County on the date as determined by the governing authority of said County, which date shall not be earlier than 10 days and not more than 60 days next after the date of the proclamation of the Governor declaring this amendment ratified; said bonds to be known and designated as Funding Bonds. Bond issue. In the event the privilege granted herein is exercised by said County after said date as so determined by said governing authority, said County and the governing authority thereof are prohibited from issuing warrants and deferred

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payment orders on the Treasury of said County, and said County shall thereafter 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 may be determined by the governing authority of said County, by checks drawn on the depository or depositories holding the funds of said County, and in no other way; no such checks to be issued and delivered unless funds are on deposit sufficient to immediately pay same and all other then outstanding checks, all such checks to be signed by the Chief Executive Officer of said governing authority, and countersigned by one other member thereof, with the right in said governing authority to borrow money to supply casual deficiencies in revenue as heretofore authorized by this Constitution. All tax levies for lawful County purposes heretofore made and made in the year 1941 and in each year thereafter by the governing authority charged with the duty of managing said County's affairs shall be legal, with the express power and authority in said governing authority to levy and collect taxes for lawful County purposes for the then current year for use all or in part in the operation of said County for the next ensuing year. No violation of any provision of this amendment as to the conduct of the fiscal affairs of said County after the date determined by the governing authority for the issuance of Funding Bonds shall in any wise affect or impair the validity of said Funding Bonds. Cash basis. Said Funding Bonds shall have such terms and provisions as to maturity, rate of interest, and otherwise as may be fixed by the governing authority of said County, provided, however, that said bonds must all mature within thirty years from date of issuance. Provision shall be made by the governing authority by resolution for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said Funding Bonds as they respectively become due, and the proceeds of said bonds

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shall be used exclusively for the purpose of paying and retiring the warrant indebtedness and interest thereon of said County, as may be determined by the date set by the governing authority of said County. Said Funding Bonds shall be issued under the authority hereof when authorized by a majority vote and resolution of the governing authority of Irwin County, but without the necessity of an election as in the case of original obligation bonds of said County, and shall then be validated in the manner and under the procedure as is provided by law for the validation of original obligation bonds. Maturity. 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 Irwin County to issue Funding Bonds, and thereafter to operate on a cash basis, 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 Irwin County to issue Funding Bonds, and thereafter to operate on a cash basis, 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

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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 7, Section 7, Paragraph 1, of the Constitution of the State of Georgia, and the Governor shall make proclamation therefor as provided by law. Submission to vote. Proclamation. Section 3. Be it further enacted that all laws or parts of laws, in conflict herewith be, and the same, are hereby repealed. Approved March 27, 1941. JEFF DAVIS COUNTY WARRANT REFUNDING BONDS. No. 290. 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 Jeff Davis County by vote of its fiscal authority to issue, in addition to all other bonds, Funding 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 a penalty for violating the terms of this Act; 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 legalize tax levies and to authorize the levy and collection of a tax in the current year for use, all or in part, for the operation of said County for the ensuing year; to provide how said bonds shall be

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authorized, validated and issued; to require the fiscal authority of said County to make provision for paying off and retiring said bonds; to 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 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 paragraph 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, and without restriction as to the limitation of taxable values of property for bond purposes, Jeff Davis County is hereby authorized and empowered to issue bonds sufficient in amount to refund, pay off, and retire all unpaid, outstanding and existing warrant indebtedness of said County, including interest due or payable thereon, on the date as determined by the governing authority of said County, which date shall be not earlier than 10 days and not more than 60 days next after the date of the proclamation of the Governor declaring this amendment ratified; said bonds to be known and designated as Funding Bonds. Bond issue. In the event the privilege granted herein is exercised by said County after said date as so determined by said governing authority, said County and the governing authority thereof are prohibited from issuing warrants and deferred payment orders on the Treasury of said County, and said County shall thereafter 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 may be determined

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by the governing authority of said County, by checks drawn on the depository or depositories holding the funds of said County, and in no other way, no such checks to be issued and delivered unless funds are on deposit sufficient to immediately pay same and all other then outstanding checks, all such checks to be signed by the Chief Executive Officer of said governing authority, and countersigned by the Treasurer of said County, any such Chief Executive Officer issuing, or any such Treasurer countersigning and delivering any check where there are insufficient funds on deposit sufficient to immediately pay same, and all other then outstanding checks, shall be guilty of a misdemeanor and shall be subject to removal from office by writ of mandamus; with the right in said governing 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 or any law, rule, or resolution of any other board, commission or authority to the contrary notwithstanding. All tax levies for lawful County purposes heretofore made and made in the year 1941, and in each year thereafter by the governing authority charged with the duty of managing said County's affairs shall be legal, with the express power and authority in said governing authority to levy and collect taxes for lawful County purposes for the then current year for use all or in part in the operation of said County for the next ensuing year. No violation of any provision of this amendment as to the conduct of the fiscal affairs of said County after the date determined by the governing authority for the issuance of Funding Bonds shall in any wise affect or impair the validity of said Funding Bonds. Cash basis. Misdemeanor. Said Funding Bonds shall have such terms and provisions

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as to maturity, rate of interest, and otherwise as may be fixed by the governing authority of said County, provided, however, that said bonds must all mature within thirty years from date of issuance. Provision shall be made by the governing authority by resolution for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said Funding 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 and interest thereon of said County, as may be determined by the date set by the governing authority of said County. Said Funding Bonds shall be issued under the authority hereof when authorized by a majority vote and resolution of the governing authority of Jeff Davis County, but without the necessity of an election as in the case of original obligation bonds of said County, and shall then be validated in the manner and under the procedure as is provided by law for the validation of original obligation bonds. Maturity. 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 Jeff Davis County to issue Funding Bonds, and thereafter to operate on a cash basis, and for other purposes and all persons opposed to the

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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 Jeff Davis County to issue Funding Bonds, thereafter to operate on a cash basis, 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 7, Section 7, Paragraph 1, of the Constitution of the State of Georgia, and the Governor shall make proclamation therefor as provided by law. Submission to vote. Proclamation. Section 3. Be it further enacted, that all laws or parts of laws, in conflict herewith be, and the same are, hereby repealed. Approved March 27, 1941. JEFFERSON COUNTY SCHOOL DISTRICT NUMBER 1 REFUNDING BONDS. No. 154. 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 School District Number 1 in the County of Jefferson, State of 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, 1941, and any bonded indebtedness due up to and including December 31, 1950; to provide that the funds raised from such additional bonded indebtedness shall be used exclusively for the

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retirement of said bonded indebtedness and interest thereon due and unpaid on January 1, 1941, and any bonded indebtedness which becomes due up to and including December 31, 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 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 (-5501). And except that School District Number 1, in the County of Jefferson, State of Georgia, may issue refunding serial bonds not in excess of the aggregate sum of $70,000.00, 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, 1941, and any bonded indebtedness of said School District outstanding and which becomes due up to and including December 31, 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 School District Number 1 in the County of Jefferson, State of Georgia 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, 1941, and any bonded indebtedness outstanding and which becomes due up to and including December 31, 1950. The Board of Trustees of said School District Number 1 in the County of Jefferson, State of Georgia, are hereby authorized and empowered by a majority vote of the said Board to issue said bonds, to fix the rate of interest, the date of the issuance, the maturities and all other details incident to the issue and sale of said

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bonds. Said bonds shall be validated as now provided by law. 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 newspaper in each Congressional District of 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 a brief and concise summary of this amendment, not to exceed two hundred words, shall also be published in the newspaper in each County in which Sheriff's advertisements are published twice during the two weeks immediately prior to the time of the holding of the said next general election, 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 School District Number 1, in the County of Jefferson, State of 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 School District Number 1 in the County of Jefferson, State of 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. Proclamation.

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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 10, 1941. JEFFERSON COUNTY SCHOOL DISTRICT NO. 10 REFUNDING BONDS. No. 28. A Resolution to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize School District No. 10 in the County of Jefferson, State of 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, 1941, and any bonded indebtedness due up to and including March 1, 1951; to provide that the funds raised from such additional bonded indebtedness shall be used exclusively for the retirement of said bonded indebtedness and interest thereon due and unpaid on January 1, 1941, and any bonded indebtedness which becomes due up to and including March 1, 1951; 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 School District No. 10, in the County of Jefferson State of Georgia, may issue refunding serial bonds not in excess of the aggregate sum of $13,500.00, for

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the purpose of refunding and retiring any bonded indebtedness and interest thereon of said School District, outstanding, past due and unpaid on January 1, 1941, and any bonded indebtedness of said School District outstanding and which becomes due up to and including March 1, 1951, and provide for the assessment and collection of an annual tax, sufficient in amount to pay the principal and interest of said bonds as they fall due; the proceeds of all such refunding bonds so issued by School District No. 10 in the County of Jefferson, State of Georgia 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, 1941 and any bonded indebtedness outstanding and which becomes due up to and including March 1, 1951. The Board of Trustees of said School District No. 10 in the County of Jefferson, State of Georgia, are hereby authorized and empowered by a majority vote of the said Board to issue said bonds, to fix the rate of interest, the date of the issuance, the maturities and all other details incident to the issue and sale of said bonds. Said bonds shall be validated as now provided by law. 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 newspaper in each Congressional District of 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 a brief and concise summary of this amendment, not to exceed two hundred words, shall also be published in the newspaper in each county in which sheriffs advertisements are published, twice during the two weeks immediately prior to the time of the holding of the said next general election, 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

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or printed on their ballots the words, For ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing School District No. 10, in the County of Jefferson, State of Georgia, to issue refunding bonds, and all persons opposed to the adopting of said amendment shall have written or printed on their ballots thes words, Against ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing School District No. 10 in the County of Jefferson State of 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. Proclamation. Section 3. When said amendment has been ratified and proclamation has been issued by the Governor, all laws and parts of laws in conflict herewith are repealed. Approved March 26, 1941. JOHNSON CORNER SCHOOL DISTRICT REFUNDING BONDS. No. 297. 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 Johnson Corner School District, of Toombs County, 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 November 1, 1940, and which becomes due up to and including

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November 1, 1940, 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 November 1st. 1940; to provide the terms of their issue, and to provide for the submission of the amendment for ratification by the people for other purposes: Section 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 Johnson Corner School District of Toombs County, may issue refunding bonds not in excess of the aggregate sum of $11,000.00, for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said School District outstanding, due and unpaid on November 1, 1940, and any bonded indebtedness and interest thereon of said School District outstanding and which becomes due up to and including Nov. 1st. 1940, 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 Johnson Corner School District, of Toombs County, to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon due and unpaid as of November 1, 1940. Said Refunding Bonds shall be issued when authorized by a resolution of the Board of Trustees of Johnson Corner School District, 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 a two-thirds vote of the members of each House, with the ayes and nays thereon, and published in one or more

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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, same 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 Johnson Corner School District, of Toombs County, 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 Johnson Corner School District, of Toombs County, to issue refunding bonds, And if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the 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. Proclamation. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 26, 1941. JUSTICES OF THE PEACE INCREASED JURISDICTION. No. 37. A Resolution proposing to the qualified voters of Georgia for ratification or rejection an amendment to Article VI, Section VII, Paragraph II of the Constitution of Georgia

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increasing the civil jurisdiction of Justices of the Peace in this State: Be It Resolved By The General Assembly of Georgia: Section 1. That Article VI, Section VII, Paragraph II of the Constitution of the State of Georgia be and the same is amended by striking out the paragraph now reading as follows: Art. 6, Sec. 7, p. 2 (2-3502). Justices of the Peace shall have jurisdiction in all civil cases arising ex contractu, and in cases of injury or damage to personnal property, when the principal sum does not exceed one hundred dollars, and shall sit monthly at fixed time and places but in all cases there may be an appeal to a jury in said Court, or an appeal to the Superior Court, under such regulations as may be prescribed by law. Jurisdiction. And inserting in lieu of the paragraph so stricken a new paragraph to read as follows: Article VI, Section VII, Paragraph II, Justices of the Peace shall have jurisdiction in all civil cases arising ex contractu, and in cases of injury or damage to personal property, when the principal sum does not exceed two hundred dollars, and shall sit monthly at fixed times and places but in all cases there may be an appeal to a jury in said Court, or an appeal to the Superior Court under such regulation as may be prescribed by law. Increased Jurisdiction. Section II. Be it further Resolved by the authority aforesaid, that when said amendment shall be agreed to by a two-thirds vote of the members of each House, said amendment shall be entered on the journals with the Ayes and Nays and shall be published by the Governor 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 a brief and concise summary of said amendment, not exceeding two hundred words, shall be published in the newspaper in each county

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in which sheriff's advertisements are published twice during the two weeks immediately prior 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 the adoption of the said proposed amendment to the Constitution shall have written or printed on their ballots the words: Submission to vote. For ratification of the amendment to Article VI, Section VII, Paragraph II of the Constitution of Georgia increasing the civil jurisdiction of Justices' Courts. And all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words: Against ratification of the amendment to Article VI, Section VII, Paragraph II, of the Constitution of Georgia increasing the civil jurisdiction of the Justices' Courts. Should a majority of the electors qualified to vote for members of the General Assembly, voting thereon, vote for ratification of the said amendment, the Governor shall by his proclamation to be issued ten days from the date of the election so declare and the foregoing amendment shall become a part of Article VI, Section VII of the Constitution of this State as Paragraph II thereof. Proclamation. Approved March 27, 1941. LEXINGTON REFUNDING BONDS. No. 326. 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 Lexington to issue bonds for the purpose of funding and/or refunding and retiring any or all of its bonded indebtedness

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at any time outstanding, including interest thereon, provided that the indebtedness evidenced by such refunding bonds shall not be in excess of the amount of indebtedness municipalities are now authorized to incur, to provide for the exchange or sale of such refunding bonds, provided that the proceeds thereof, in the event such refunding bonds are sold, shall be used exclusively and for no other purpose than for the retirement of said bonded indebtedness and interest thereon, and to provide for the payment of the principal and interest of such bonds, and to provide that the governing body of the City of Lexington may, without a vote of people, authorize the issuance of such refunding bonds, and to provide for the submission of this Amendment for ratification by the people; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph in the following words, to wit: Art. 7, Sec. 7, p. 1 (2-5501). And except that the City of Lexington in Oglethorpe County, Georgia, may issue its serial refunding bonds for the purpose of funding and/or refunding any or all of the bonded indebtedness of said City of Lexington at any time outstanding, including interest thereon due and/or about to become due whether or not represented by coupons or interest certificates; provided, however, that the aggregate principal amount of such refunding bonds shall not exceed the aggregate amount of principal and interest to be refunded and/or funded, and shall not in any event exceed the amount of indebtedness municipalities are now authorized to incur. Such refunding bonds may be issued in exchange for a like principal amount of such bonded indebtedness and interest thereon as above provided, or they may

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be sold, in which event the entire proceeds thereof shall be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest. Refunding bonds herein authorized shall be issued only when authorized by a vote of the governing body of the City of Lexington, and shall be validated as provided in Section 87-310 of the Code of Georgia of 1933. The full faith, credit and taxing power of the City of Lexington shall be irrevocably pledged to the payment of such refunding bonds, and the governing body of the City shall provide for a levy and collection of an annual tax upon all property subject to taxation sufficient in amount to pay the principal of and interest on such refunding bonds as the same may become due and payable, which tax shall be sufficient for such purposes and in addition to all other taxes authorized by law to be levied and collected by said City. Refunding bonds issued by the City of Lexington as authorized hereunder, to refund or fund bonded indebtedness of said City originally incurred to finance or to aid in financing the construction of its waterworks system, may be additionally secured by a pledge of the net revenues derived from the operation of such waterworks system remaining after the payment only of the reasonable and proper expenses of operation and maintenance thereof; and the City may covenant with the bondholder to establish and collect such uniform rates and charges for the services of its waterworks system as will produce gross revenues sufficient in amount to pay the current expenses of operation and maintenance thereof and the principal of and interest on such refunding bonds as the same may become due and to establish a reasonable reserve therefor; provided that the tax hereinbefore authorized and required may be reduced in amount to the extent only that such revenues shall be pledged and available for the payment of the principal of and interest on such refunding bonds. Refunding bonds. Tax. Section 2. Be it further enacted by the authority aforesaid that when said amendment shall be agreed to by two

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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 this proposal 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 City of Lexington 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 City of Lexington 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. Proclamation. Section 3. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 27, 1941. MACON AD VALOREM TAX EXEMPTION. No. 8. A Resolution to propose to the qualified voters of Georgia an amendment to Article 7, Section 2, Paragraph 2, of the Constitution of Georgia, so as to add at the end of a

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previous amendment to said paragraph, identified as Paragraph 2 A a new paragraph to be known as Paragraph 2 B to wit: Paragraph 2 B. The City of Macon, in the discretion of its governing body, may, in respect to any taxable year subsequent to 1941, and for a maximum period of five (5) years from the date such exemption is made effective exempt from municipal ad valorem tax any new buildings, machinery or equipment therein and any additions to present buildings, machinery or equipment therein, to the extent of the increased value represented by such buildings, machinery or equipment or additions thereto, this exemption not extending to the land upon which such buildings, machinery, or equipment may be located or to mere replacements. The City of Macon is herewith empowered to make provisions for the operation of this paragraph by appropriate ordinances or resolutions; 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 Article (7), Section (2), Paragraph (2) of the Constitution of Georgia be and the same is hereby further amended by adding, at the end of a previous amendment embodied in Paragraph 2A, another paragraph to be known as Paragraph 2B, to wit: Art. 7, Sec. 2, p. 2 (2-5002). Paragraph 2B. The City of Macon, in the discretion of its governing body, may, in respect to any taxable year subsequent to 1941, and for a maximum period of five (5) years from the date such exemption is made effective, exempt from municipal ad valorem tax any new buildings, machinery or equipment therein and any additions to present buildings, machinery or equipment therein, to the extent of the increased value represented by such buildings, machinery or equipment or additions thereto, this exemption not extending to the land upon which such buildings,

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machinery or equipment may be located or to mere replacements. The City of Macon is herewith empowered to make provisions for the operation of this paragraph by appropriate ordinances or resolutions. Exemption from tax. Section 2. Be it further enacted by the authority aforesaid, that when said amendment shall have been agreed to by two-thirds vote of the members of each House, and shall be entered on their journals with the yeas and nays taken thereon, and the Governor shall have caused said amendment to 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, the amendment shall at said general election be submitted to the people for ratification. Submission to vote. 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 2, Paragraph 2, of the Constitution of Georgia, authorizing the City of Macon to exempt from municipal ad valorem tax, for a period of five (5) years, new buildings, machinery, or equipment and additions thereto, 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 2, Paragraph 2, of the Constitution of Georgia, authorizing the City of Macon to exempt from municipal ad valorem tax, for a period of five (5) years, new buildings, machinery or equipment and additions thereto, and if a majority of electors qualified to vote for members of the General Assembly voting thereon, shall vote for ratification thereof, as determined as provided by law, the said amendment shall become a part of Article 7, Section 2, Paragraph 2, 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 and that of its governing body, shall be authorized to perform the Act or Acts embraced in said amendment. Proclamation. 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 February 20, 1941. MACON ANNUAL PROPERTY TAX. No. 9. A Resolution to propose to the qualified voters of Georgia an amendment to Article 7, Section 2, Paragraph 1, of the Constitution of Georgia, so as to authorize the City of Macon, with respect to territory hereafter acquired, to levy for a maximum period of ten (10) years, a less and varying property tax than that applicable to its present territorial limits, commensurate with the municipal benefits and improvements extended; 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 2, Paragraph 1, of the Constitution of Georgia, as the same has been amended, shall be further amended by adding at the end thereof a new paragraph in the following words, to wit: Art. 7, Sec. 2, p. 1 (2-5501). Except that the City of Macon, in the discretion of its governing body, may, with respect to any territory hereafter acquired, and for a period not exceeding ten (10) years from the date of such acquisition, levy an annual property tax of a less and varying amount than that levied with respect to its present corporate limits, such annual

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levy to be commensurate with the municipal benefits and improvements extended to such newly acquired territory and inhabitants, to be judged of in the sole and exclusive discretion of such governing body. Annual tax. Section 2. Be it further enacted by the authority aforesaid, that when said amendment shall have been agreed to by two-thirds vote of the members of each House, and shall be entered on their journals with the yeas and nays taken thereon, and the Governor shall have caused said amendment to be 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. Submission to vote. 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 2, Paragraph 1, of the Constitution of Georgia, authorizing the City of Macon to levy a less and varying tax with respect to territory hereafter acquired, 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 2, Paragraph 1, of the Constitution of Georgia, authorizing the City of Macon to levy a less and varying tax with respect to territory hereafter acquired, and if a majority of electors qualified to vote for members of the General Assembly voting thereon, shall vote for ratification thereof, as determined as provided by law, the said amendment shall become a part of Article 7, Section 2, Paragraph 1, of the Constitution of the State, and the Governor shall make a proclamation therefor as provided by law, and the City of Macon, without further

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legislation, authority or vote than that provided herein and that of its governing body, shall be authorized to perform the Act or Acts embraced in said Amendment. 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 February 20, 1941. MACON DEBT CERTIFICATES. No. 303. 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 financing appropriations for and contributions to local State or National Defense, and to provide the terms of their issue; to provide for the submission of the amendment for ratification by the people; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph in the following words, to wit: Art. 7, Sec. 7, p. 1 (2-5501). And except that the City of Macon, by a majority vote of the Mayor and Board of Aldermen of the City, may issue notes or debt certificates, in an aggregate amount not to exceed one hundred fifty thousand dollars ($150,000.00) to be executed by the Mayor and Treasurer for the purpose of financing appropriations for and contributions to local, State, or National defense. Such notes or debt certificates may be issued in such denominations, amounts, at such time, from time to time, bearing such interest and falling

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due at such times as the Mayor and Board of Aldermen may fix and determine, but not to exceed five (5) years from the respective dates of their issue. Debt certificates. Section 2. Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by two-thirds (2/3) 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. Submission to vote. 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 Articles 7, Section 7, paragraph 1, of the Constitution, authorizing the City of Macon to issue notes or debt certificates for participation in local, State, or National defense. 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 issue notes or debt certificates for participation in local, State, or National defense. And if a majority of electors qualified to vote for members of the General Assembly voting thereon, shall vote for ratification thereof, when the result shall be consolidated, as now required by law in elections for members of the General Assembly, the said Amendment shall become a part of Article 7, Section 7, Paragraph 1, of the Constitution of the State, and the Governor shall make a proclamation therefor as provided by law, and the City of Macon,

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without further legislation, authority, or vote, than that provided herein, shall be authorized to perform the act or acts embraced in such amendment. Proclamation. 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 27, 1941. MILLER COUNTY WARRANTS REFUNDING BONDS. No. 423. 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 Miller County by vote of its fiscal authority to issue warrant Funding 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 Treasurer or County Depository, 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 provide that the proceeds of said bonds shall be used exclusively for paying off and retiring a designated warrant indebtedness; to provide that neither this Act nor any provision thereof shall be construed as

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either impairing, or invalidating, or affecting the collectability of, any taxes due said County for the year 1940 or any year or years prior thereto; to authorize the Ordinary of said County or other county authority empowered to levy taxes in said county, to fix and make a tax levy for the year 1941, and for any year subsequent thereto, for the purpose of paying, in whole or in part, all the expenses of said county for both County purposes and current expenses for the current year for which the levy is being fixed and made and the year succeeding said year, in which said levy is being fixed and made; to provide that said county authority shall have the power herein conferred regardless of whether the county has cash on hand regardless of whether there are any warrants outstanding against said county at the time of making the various levies herein authorized, and to provide that said county authority in fixing the various tax levies herein provided shall not exceed the limit now or hereafter prescribed by law; 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 sub-paragraph 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, and without restriction as to the 7% (seven per cent) limitation of taxable values of property for bond purposes, Miller 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

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said county, including interest due or payable thereon, as the same appears of record in the office of the Treasurer or ex-officio Treasurer or the Clerk of the Board of Commissioners and the County Depository 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 Funding 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 or County Depository of said County, and said County shall thereafter be operated on a cash basis so that all bills and claims chargeable to or against said county or payable by the Treasury or County Depository 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 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 and at least two other County Commissioners or the Ordinary of said County (if there be no County Commissioners in 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,

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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 Funding Bonds. Said funding 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 funding 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 funding 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 Miller County, but without the necessity of an election as in the case of original obligation bonds, and said Warrant Funding Bonds shall 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; provided, however, that, neither this act nor any of the provisions thereof, shall be construed as either impairing, or invalidating, or affecting the collectivity of, any taxes due said County for the year 1940, or any year or years prior thereto; provided further than the Ordinary of said County or other County authority empowered to levy taxes in said County, shall have authority to fix and make a tax levy for the year 1941 and for any year subsequent thereto, for the purpose of paying, in whole, or in part, all the expenses of said County for both county purposes and current expenses for the current year in which the levy is being fixed and made and for the year succeeding

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said year in which said levy is being fixed and made; and said County authority shall have the authority herein conferred in this section regardless of whether the county has cash on hand or regardless of whether there are any warrants outstanding against said county at the time of the fixing and making of the various tax levies herein authorized, provided, however, said County authority in exercising the authority herein conferred in reference to fixing the said various Tax levies shall not exceed the limit now or hereafter prescribed by law. Refunding bonds. Cash basis. Maturity. 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 Miller County to issue warrant funding 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 Miller County to issue warrant funding 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 laws in elections for members of the General Assembly, then said

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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. Proclamation. Section 3. Any section, clause, paragraph or sentence in this Act held unconstitutional or invalid, for any reason, by court of competent jurisdiction shall not affect the validity of the other sections of this Act. Section 4. Be it further enacted, that all laws or parts of laws in conflict herewith be, and the same are hereby repealed. Approved March 27, 1941. MILLER COUNTY WARRANT REFUNDING BONDS. No. 285. 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 Miller County by vote of its fiscal authority to issue warrant Funding 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 Treasurer or County Depository, 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

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for paying off and retiring said bonds; to provide that the proceeds of said bonds shall be used exclusively for paying off and retiring a designated warrant indebtedness; to provide that neither this act nor any provision thereof shall be construed as either impairing, or invalidating, or affecting the collectability of, any taxes due said County for the year 1940 or any year or years prior thereto; to authorize the Ordinary of said County or other county authority empowered to levy taxes in said county, to fix and make a tax levy for the year 1941, and for any year subsequent thereto, for the purpose of paying, in whole or in part, all the expenses of said county for both County purposes and current expenses for the current year for which the levy is being fixed and made and the year succeeding said year, in which said levy is being fixed and made; to provide that said county authority shall have the power herein conferred regardless of whether the County has cash on hand or regardless of whether there are any warrants outstanding against said county at the time of making the various levies herein authorized, and to provide that said county authority in fixing the various tax levies herein provided shall not exceed the limit now or hereafter prescribed by law; 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 sub-paragraph 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, and without restriction as to the 7% (seven per cent) limitation of taxable values of property for bond purposes,

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Miller 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 or the Clerk of the Board of Commissioners and the County Depository 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 Funding 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 or County Depository of said County, and said County shall thereafter be operated on a cash basis so that all bills and claims chargeable to or against said county or payable by the Treasury or County Depository 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 other way; no such check to be issued until the 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 and at least two other County Commissioners or the Ordinary of said County (if there be no County Commissioners in 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

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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 Funding Bonds. Said funding 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 funding 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 funding 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 Miller County, but without the necessity of an election as in the case of original obligation bonds, and said Warrant Funding Bonds shall 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; provided, however, that, neither this act nor any of the provisions thereof, shall be construed as either impairing, or invalidating, or affecting the collectability of, any taxes due said County for the year 1940, or any year or years prior thereto; provided further that the Ordinary of said County or other County authority empowered to levy taxes in said county, shall have authority to fix and make a tax levy for the year 1941 and for any year subsequent thereto, for the purpose of paying, in whole,

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or in part, all the expenses of said County for both county purposes and current expenses for the current year in which the levy is being fixed and made for the year succeeding said year in which said levy is being fixed and made; and said county authority shall have the authority herein conferred in this section regardless of whether the county has cash on hand or regardless of whether there are any warrants outstanding against said county at the time of the fixing and making of the various tax levies herein authorized, provided, however, said County authority in exercising the authority herein conferred in reference to fixing the said various Tax levies shall not exceed the limit now or hereafter prescribed by law. Bond issue. Cash basis. Maturity. 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 Miller County to issue warrant funding 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 Miller County to issue warrant funding 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

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thereof as provided by law, when the result shall be consolidated as now required by laws 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. Proclamation. Section 3. Any section, clause, paragraph or sentence in this Act held unconstitutional or invalid, for any reason, by court of competent jurisdiction shall not affect the validity of the other sections of this Act. Section 4. Be it further enacted, that all laws or parts of laws in conflict herewith be, and the same are hereby repealed. Approved March 27, 1941. MITCHELL COUNTY BOARD OF EDUCATION TEMPORARY LOANS. No. 300. 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 Mitchell County to make temporary loans; to the limit of the aggregate amount of said loans outstanding at any one time; to provide for 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 the Constitution of Georgia, which has heretofore been amended, shall be further amended by the 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 Mitchell County, may

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make temporary loans from time to time to be evidenced by promissory notes signed by the President of the Board of Education and 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 first of any year until all previous loans have been paid and no new loan shall be made which will bring the aggregate of loans hereunder outstanding at the time such new loan is made to an amount in access of the balance of the income that the Board of Education maybe 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. 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 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 Board of Education of Mitchell 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

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to Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the Board of Education of Mitchell County to make temporary loans, and if a majority of the electors qualified to vote for ratification thereof, when the results shall be consolidated as now required by law in 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 this State, and the Governor shall make a proclamation therefor, as provided by law. Submission to vote. Proclamation Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 27, 1941. OGLETHORPE COUNTY WARRANT REFUNDING BONDS. No. 333. A Resolution to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize Oglethorpe County by vote of its fiscal authority to issue, in addition to all other bonds, Funding 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 legalize tax levies and to authorize the levy and collection of a tax in the current year, for use all or in part, for the operation of said County for the ensuing year; to provide how said bonds shall be authorized, validated and issued; to require the fiscal authority of said County to

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make provision for paying off and retiring said bonds within thirty years from their date; to provide that the proceeds of said bonds shall be used exclusively for paying off and retiring a designated warrant indebtedness; to provide for the manner of the validation of said bonds; to provide for the holding of a special election to determine whether or not said bonds shall be issued; 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 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 paragraph 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 how or hereafter authorized by this Constitution, and without restriction as to the limitation of taxable values of property for bond purposes, Oglethorpe County is hereby authorized and empowered to issue bonds sufficient in amount to refund, pay off, and retire all 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 Clerk of said County on the date as determined by the governing authority of said County, which date shall be not earlier than 10 days and not more than 60 days next after the date of the proclamation of the Governor declaring this amendment ratified; said bonds to be known and designated as Funding Bonds. Bond issue. In the event the privilege granted herein is exercised by said County after said date as so determined by said governing authority, said County and the governing authority thereof are prohibited from issuing warrants and deferred payment orders on the Treasury or depository of said

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County, and said County shall thereafter be operated on a cash basis, so that all bills and claims chargeable to or against said County or payable by the Treasury or depository of said County shall be paid monthly or otherwise as may be determined by the governing authority of said County, by checks drawn on the depository or depositories holding the funds of said County, and in no other way; no such checks to be issued and delivered unless funds are on deposit sufficient to immediately pay same and all other then outstanding checks, all such checks to be signed by the Chief Executive Officer of said governing authority, and countersigned by the Clerk of said governing authority of said County, with the right in said governing authority to borrow money to supply casual deficiencies in revenue as heretofore authorized by this Constitution. All tax levies for lawful County purposes heretofore made and made in the year 1941 and in each year thereafter by the governing authority charged with the duty of managing said County's affairs shall be legal, with the express power and authority in said governing authority to levy and collect taxes for lawful County purposes for the then current year for use all or in part in the operation of said County for the next ensuing year. No violation of any provision of this amendment as to the conduct of the fiscal affairs of said County after the date determined by the governing authority for the issuance of Funding Bonds shall in any wise affect or impair the validity of said Funding Bonds. Cash basis. Said Funding Bonds shall have such terms and provisions as to maturity, rate of interest, and otherwise as may be fixed by the governing authority of said County, provided, however, that said bonds must all mature within thirty years from date of issuance. Provision shall be made by the governing authority by resolution for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said Funding Bonds as they respectively become due, and the proceeds of said bonds

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shall be used exclusively for the purpose of paying and retiring the warrant indebtedness and interest thereon of said County, as may be determined by the date set by the governing authority of said County. Said Funding Bonds shall be issued under the authority hereof when authorized by a special election to be held in the manner prescribed by law for elections as in the case of original obligation bonds, except that said bonds may be issued upon the assent of the majority of the qualified voters actually voting in said special election for that purpose. If a majority of the qualified voters of Oglethorpe County voting at said special election vote for said Funding Bonds, then the governing authority of Oglethorpe County shall have the authority to issue said Funding Bonds, and said bonds shall be general obligations of said County, and shall be validated in the manner as is provided by law for the validation of original obligation bonds. Maturity. 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 Oglethorpe County to issue Funding Bonds, and thereafter to operate on a cash basis, 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

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7, Section 7, Paragraph 1, of the Constitution, so as to authorize Oglethorpe County to issue Funding Bonds, and thereafter to operate on a cash basis, 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 7, Section 7, Paragraph 1, of the Constitution of the State of Georgia, and the Governor shall make proclamation therefor as provided by law. Submission to vote. Proclamation. Section 3. Be it further enacted that all laws or parts of laws, in conflict herewith be, and the same are, hereby repealed. Approved March 27, 1941. PAULDING COUNTY WARRANT REFUNDING BONDS. 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 Paulding County by vote of its fiscal authority to issue, in addition to all other bonds, Funding 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 legalize tax levies and to authorize the levy and collection of a tax in the

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current year for use, all or in part, for the operation of said County for the ensuing year; 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 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 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 paragraph 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, and without restriction as to the limitation of taxable values of property for bond purposes, Paulding County is hereby authorized and empowered to issue bonds sufficient in amount to refund, pay off, and retire all 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 of said County on the date as determined by the governing authority of said County, which date shall be not earlier than 10 days and not more than 60 days next after the date of the proclamation of the Governor declaring this amendment ratified; said bonds to be known and designated as Funding Bonds. Bond issue. In the event the privilege granted herein is exercised by said County after said date as so determined by said governing authority, said County and the governing authority thereof are prohibited from issuing warrants and deferred

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payment orders on the Treasury of said County, and said County shall thereafter 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 may be determined by the governing authority of said County, by checks drawn on the depository or depositories holding the funds of said County, and in no other way; no such checks to be issued and delivered unless funds are on deposit sufficient to immediately pay same and all other then outstanding checks, all such checks to be signed by the Chief Executive Officer of said governing authority, and countersigned by the Treasurer of said County, with the right in said governing authority to borrow money to supply casual deficiencies in revenue as heretofore authorized by this Constitution. All tax levies for lawful County purposes heretofore made and made in the year 1941 and in each year thereafter by the governing authority charged with the duty of managing said County's affairs shall be legal, with the express power and authority in said governing authority to levy and collect taxes for lawful County purposes for the then current year for use all or in part in the operation of said County for the next ensuing year. No violation of any provision of this amendment as to the conduct of the fiscal affairs of said County after the date detrmined by the governing authority for the issuance of Funding Bonds shall in any wise affect or impair the validity of said Funding Bonds. Cash basis. Said Funding Bonds shall have such terms and provisions as to maturity, rate of interest, and otherwise as may be fixed by the governing authority of said County, provided, however, that said bonds must all mature within thirty years from date of issuance. Provision shall be made by the governing authority by resolution for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said Funding Bonds as they respectively become due, and the proceeds of said bonds shall be used

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exclusively for the purpose of paying and retiring the warrant indebtedness and interest thereon of said County, as may be determined by the date set by the governing authority of said County. Said Funding Bonds shall be issued under the authority hereof when so authorized by a majority vote and resolution of the governing authority of Paulding County, but without the necessity of an election as in the case of original obligation bonds of said County, and shall then be validated in the manner and under the procedure as is provided by law for the validation of original obligation bonds. Maturity. 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 Paulding County to issue Funding Bonds, and thereafter to operate on a cash basis, 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 Paulding County to issue Funding Bonds, and thereafter to operate on a cash basis, 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

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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 7, Section 7, Paragraph 1, of the Constitution of the State of Georgia, and the Governor shall make proclamation therefor as provided by law. Submission to vote. Proclamation. Section 3. Be it further enacted, that all laws or parts of laws, in conflict herewith be, and the same are, hereby repealed. Approved March 27, 1941. QUITMAN COUNTY WARRANT REFUNDING BONDS. No. 259. 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 Quitman County to issue funding bonds in an amount sufficient to refund, pay off, and retire all unpaid outstanding and existing warrant indebtedness of said County, including interest due and payable thereon in addition to that heretofore authorized by the Constitution and Laws of Georgia, and to prohibit issuing deferred payment warrants in the future and to provide that said County shall be thereafter operated on a cash basis, and to prohibit the issuance of checks on the depository unless sufficient funds are on deposit to pay the same at the time of the issuance thereof, and to provide the right in the governing authority to borrow money to supply casual deficiencies in revenue as authorized by this Constitution, to provide for casual deficiencies in revenues as authorized by this Constitution, to provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said funding bonds as they shall fall due, to

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provide that the funds raised by such additional bonded indebtedness shall be used exclusively and for no purpose other than the payment of said unpaid warrant indebtedness and interest thereon, to provide that tax levies for lawful county purposes made in the year of 1941 and each year thereafter by the governing authority to levy and collect taxes for lawful county purposes for the then current year for use all, or in part in the operation of said county for the ensuing year, and to provide that no violation of this provision as to the conduct of the fiscal affairs of said County shall affect or impair the validity of said funding bonds, to provide that said funding bonds shall have such terms and provisions as to maturity, rate of interest, and otherwise as may be fixed by the governing authority of said County, and to provide for the maturity of said bonds within thirty years from the date of issuance, and to provide for the validation of said funding bonds in the manner as is provided by law for the validation of original obligation bonds, and for the holding of a special election as in cases of original obligation bonds, 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 Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding thereto a paragraph 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 Quitman County without restriction as to the seven per cent limitation of taxable value of property for bond purposes is hereby authorized and empowered to issue bonds sufficient in amount to refund, pay off, and retire all unpaid, outstanding and existing warrant indebtedness of said County, including interest due or payable thereon, as the

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same appears of record in the office of the Treasurer or Depository of said County on the date as determined by the governing authority of said County; said bonds to be known as Funding Bonds. Bond issue. In the event the privilege granted herein is exercised by said County, said County and the governing authority thereof are prohibited from issuing warrants and deferred payment orders on the Treasury or Depository of said County, and said County shall thereafter be operated on a cash basis, so that all bills and claims chargeable to or against said County, or payable by the Treasurer of said County, shall be paid monthly or otherwise as may be determined by the governing authority of said County, by checks drawn on the depository or depositories holding the funds of said County, and in no other way: no such check to be issued and delivered unless funds are on deposit sufficient to immediately pay same and all other then outstanding checks, all such checks to be signed by the governing authority of said County, with the right in said governing authority to borrow money to supply casual deficiencies in revenue as heretofore authorized by this Constitution. All tax levies for lawful County made in the year 1941, and in each year thereafter by the governing authority charged with the duty of managing said County affairs shall be legal, with the express power and authority in said governing authority to levy and collect taxes for lawful County purposes for the then current year for use all or in part in the operation of said County for the ensuing year. No violation of any provision of this amendment as to conduct of the fiscal affairs of said County after the date determined by the governing authority for the issuance of Funding Bonds shall in any wise affect or impair the validity of said Funding Bonds. Cash basis. Said Funding Bonds shall have such terms and provisions as to maturity, rate of interest, and otherwise as may be fixed by the governing authority of said County, provided,

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however, that said bonds must all mature within thirty years from date of issuance. Provision shall be made by the governing authority by resolution for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said Funding 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 and interest thereon of said County, as may be determined by the date set by the governing authority of said County. Said Funding Bonds shall be issued under the authority hereof when authorized by a special election, to be held in the manner prescribed by law for special elections as in the case of original obligation bonds. Said Funding Bonds shall not be issued without the assent of two-thirds of the qualified voters of Quitman County, voting at said special election for that purpose, to be held as prescribed by law, and provided further that said two-thirds so voting at said special election shall be a majority of the registered voters of said County. If the requisite two-thirds of the qualified voters of Quitman County voting at said special election for said Funding Bonds, and the two-thirds so voting are a majority of the registered voters thereof, then the governing authority of Quitman County shall have the authority to issue said Funding Bonds, and said Funding Bonds shall be general obligation of said County, and shall then be validated in the manner and under the procedure as is provided by law for the validation of original obligation bonds. Maturity. Tax. 2/3 majority of voters. 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.

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All persons voting at said election in favor of adopting said proposed amendment to the Constitution shall have written or printed on their ballots the words For ratification of Article 7, Section 7, paragraph 1, of the Constitution authorizing Quitman County to issue Funding Bonds to refund its outstanding warrant indebtedness, and all persons opposed to the adoption of said amendment shall have written or printed on their ballots Against ratification of amendment of Article 7, Section 7, paragraph 1, of the Constitution authorizing Quitman County to issue Funding Bonds to refund its outstanding warrant indebtedness, 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 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. Proclamation. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1941. REIDSVILLE REFUNDING BONDS. No. 304. 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 Reidsville 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 of said City due and unpaid as of January 1, 1941, and any outstanding bonded indebtedness and interest thereon due up

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to and including December 1, 1950; 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, 1941, and any bonded indebtedness and interest thereon which becomes due up to and including December 1, 1950; 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 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 Reidsville, Georgia, may issue refunding serial bonds without restriction as to the limitation of taxable values of property for bond purposes, not in excess of the aggregate sum of $13,500.00, for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said city outstanding, past due and unpaid on January 1, 1941, and any bonded indebtedness and interest thereon of said city outstanding and which becomes due up to and including December 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 Reidsville to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon due and unpaid as of January 1, 1941, and any bonded indebtedness and interest thereon outstanding and which becomes due up to and including December 1, 1950. Said refunding bonds shall be issued when authorized by a majority vote of the Mayor

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and Council of the City of Reidsville, 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, same shall at said general election be submitted to the people for ratification. All persons voting at said election in favor of adopting said proposed amendment to the Constitution shall have written or printed on their ballots the words, For ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution authorizing the City of Reidsville, 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 Reidsville, 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 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. Proclamation. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 27, 1941.

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SANDY CROSS CONSOLIDATED SCHOOL DISTRICT REFUNDING BONDS. No. 288. 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 Sandy Cross Consolidated School District, of Franklin County, 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, 1941, and which becomes due up to and including June 1, 1949; 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, 1941, or which may become due up to and including June 1, 1949; 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 Sandy Cross Consolidated School District, of Franklin County, may issue refunding bonds not in excess of the aggregate sum of $12,000.00, 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, 1941, and any bonded indebtedness and interest thereon of said School District outstanding and which becomes due up to and including June 1, 1949, and provide 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 Sandy Cross Consolidated School District of Franklin County, to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon due and unpaid as of January 1, 1941, and any bonded indebtedness and interest thereon outstanding and which becomes due up to and including June 1, 1949. Said refunding bonds shall be issued when authorized by a resolution of the Board of Trustees of Sandy Cross Consolidated School District, 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, same 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 Sandy Cross Consolidated School District, of Franklin County, 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 Sandy Cross Consolidated School District, of Franklin County, to issue refunding bonds. And if a majority of the electors qualified to vote for members of the General Assembly, voting thereon shall vote for ratification thereof, when the result shall be consolidated as now required by

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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. Proclamation. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 27, 1941. SAVANNAH RECOVERY AND PAYMENT FOR WHARF CONSTRUCTION. No. 23. An Act to propose to the qualified voters of the State of Georgia an amendment to Paragraph One, Section Six, Article Seven of the Constitution of the State of Georgia, incorporated in the Code of 1933 as Section 2-5401, so as to authorize the Mayor and Aldermen of the City of Savannah to appropriate and pay the sum of fifty thousand dollars ($50,000.00) to the National Gypsum Company as a part of the cost of constructing a wharf on the Savannah River; to provide for the submission of said amendment for ratification by the people; and for other purposes. Whereas, in the Spring of 1938, the National Gypsum Company was seeking to establish a plant in the South; and, Preamble. Whereas, the Mayor and Aldermen of the City of Savannah were desirous of having the National Gypsum Company locate in Savannah, Georgia; and, Whereas, National Gypsum required a wharf and unloading equipment on the Savannah River, then estimated to cost Two Hundred and Fifty Thousand ($250,000.00) Dollars; and,

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Whereas, to induce National Gypsum Company to locate its plant in Savannah, the Mayor and Aldermen of the City of Savannah agreed to pay Fifty Thousand ($50,000.00) Dollars toward the cost of the construction of such a wharf; and, Whereas, said National Gypsum Company thereafter located its plant at Savannah and became a domesticated corporation under the laws of the State of Georgia and constructed a wharf with unloading equipment on the Savannah River at a cost to National Gypsum Company of Three Hundred Twenty-two Thousand Two Hundred Nineteen Dollars and Forty-seven ($322,219.47) cents; and, Whereas, the Mayor and Aldermen of the City of Savannah were advised that they could not under the present constitution, help defray the cost of construction of said wharf, but in December, 1938, appropriated the sum of Fifty Thousand ($50,000.00) Dollars for such purpose, which sum was paid over to the Savannah Port Authority and which sum remains intact in the possession of said Savannah Port Authority; and, Whereas, the Mayor and Aldermen of the City of Savannah feel a strong moral obligation to keep faith with National Gypsum Company, which Company came to Savannah on the promise that Fifty Thousand ($50,000.00) Dollars of the cost of its wharf would be paid by the Mayor and Aldermen of the City of Savannah. Section 1. Now, therefore, be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same that Paragraph One, Section Six, Article Seven of the Constitution of the State of Georgia, incorporated in the Code of 1933 as Section 2-5401, be and the same is hereby amended by adding to said Section a new paragraph to be known as Paragraph one-a (1-a), to read as follows, to-wit: Art. 7, Sec. 6, p. 1 (2-5401).

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And except that the Mayor and Aldermen of the City of Savannah are authorized and directed to secure the return from the Savannah Port Authority of the sum of Fifty Thousand ($50,000.00) Dollars which was appropriated in December, 1938, and to pay said Fifty Thousand ($50,000.00) Dollars to National Gypsum Company for the purpose of reimbursing National Gypsum Company for a portion of the cost of the wharf which said National Gypsum Company has constructed on the Savannah River and which payment was originally assumed by the Mayor and Aldermen of the City of Savannah as an inducement to bring the manufacturing plant of National Gypsum Company to Savannah, Georgia. Return and payment. Section 2. Be it further enacted by the authority aforesaid that, when said amendment shall be agreed to by a two-thirds (2-3) vote of the members elected to each of the two (2) Houses of the General Assembly of the State of Georgia, said amendment shall be entered on their journals with the Ayes and Nays thereon and shall be published in one (1) 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: Submission to vote. FOR ratification of amendment of Paragraph 1, Section 6, Article 7 of the Constitution, authorizing the Mayor and Aldermen of the City of Savannah to appropriate and pay the sum of $50,000.00 to the National Gypsum Company as a part of the cost of constructing a wharf on the Savannah River. And all persons opposing the adoption of said amendment shall have written or printed, on their ballots, the words:

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AGAINST ratification of amendment to Paragraph 1, Section 6, Article 7 of the Constitution, authorizing the Mayor and Aldermen of the City of Savannah to appropriate and pay the sum of $50,000.00 to the National Gypsum Company as a part of the cost of constructing a wharf on the Savannah River. 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, and election of members of the General Assembly, the amendment and its provisions shall become a part of Paragraph One, Section Six, Article Seven 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. Proclamation. 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 11, 1941. SPARKS-ADEL CONSOLIDATED SCHOOL DISTRICT REFUNDING BONDS. No. 11. A Resolution to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize the Sparks-Adel Consolidated School District, of Cook County, 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 a portion of its existing bonded indebtedness and interest thereon past due and unpaid as of February 1, 1914, and which becomes due up to and including February 1, 1945; to provide that the funds raised from such additional

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bonded indebtedness, shall be used exclusively for the retirement of said bonded indebtedness, and interest thereon, past due and unpaid on February 1, 1941, or which may become due up to and including February 1, 1945; 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. That Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, as heretofore amended, 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 Sparks-Adel Consolidated School District of Cook County may issue refunding bonds not in excess of the aggregate sum of $22,000.00, for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said School District outstanding, past due and unpaid on February 1, 1941, and any bonded indebtedness and interest thereon of said School District outstanding and which becomes due up to and including February 1, 1945, and provide for the assessment and collection of an annual tax, sufficient in amount to pay the principal and interest of said bonds as they fall due; the proceeds of all such refunding bonds so issued by Sparks-Adel Consolidated School District of Cook County to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon past due and unpaid as of February 1, 1941, and any bonded indebtedness and interest thereon outstanding and which becomes due up to and including February 1, 1945. Said refunding bonds shall be issued when authorized by a resolution by the Board of Trustees of Sparks-Adel Consolidated School District, and shall be validated as provided by law. Refunding bonds. Tax. Section 2. When this amendment shall be agreed to by a

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two-thirds vote of the members of each House, and the ayes and nays thereon entered upon the journal of each House, it shall be published and submitted to the people, and returns and declaration of the result shall be made, in the manner provided by the act approved March 24th, 1939, (Ga. Laws 1939, pp. 305-307). Submission to vote. Section 3. All laws or parts of laws in conflict herewith are hereby repealed. Approved February 26, 1941. STATE SCHOOL SUPERINTENDENT'S TERM OF OFFICE. No. 3. A Resolution proposing to the people of Georgia for ratification or rejection as amendment to Article 8, Section 2, Paragraph 1, of the Constitution of Georgia, fixing the term of office of the State School Superintendent. Be it resolved by the General Assembly of Georgia: Section 1. That the General Assembly of Georgia proposes to the people of Georgia that Article 8, Section 2, of the Constitution of Georgia be amended by striking Paragraph 1 of said Article and Section in its entirety and inserting in lieu thereof a new paragraph to be Paragraph 1, which shall read as follows: Art. 8, Sec. 2, p. 1 (2-6701). Paragraph 1. There shall be a State School Superintendent elected by the people at the same time, for the same term, and in the same manner as the Governor, who shall hold his office until his successor is elected and qualified. His office shall be at the seat of government and he shall be paid a salary not to exceed two thousand dollars per annum. The General Assembly may substitute for the State School Superintendent such officer, or officers, as

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may be deemed necessary to perfect the system of public education. Election. Section 2. That when this amendment shall have been agreed to by two-thirds of the General Assembly, the same shall be entered on their journals with the yeas and nays taken thereon and shall be published and submitted to the people for retification or rejection at the next general election, as provided for by the act of the General Assembly approved March 24, 1939. Submission to vote. Approved February 6, 1941. STONE MOUNTAIN REFUNDING BONDS. No. 29. A Resolution to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize the City of Stone Mountain 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 past due and unpaid as of January 1, 1941, and which becomes due up to and including January 1, 1950; 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 past due and unpaid on January 1, 1941, or which may become due up to and including January 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

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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 Stone Mountain may issue refunding serial bonds not in excess of the the aggregate sum of $20,000.00, for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said City oustanding, past due and unpaid on January 1, 1941, and any bonded indebtedness and interest thereon of said City outstanding and which becomes due up to and including January 1, 1950, 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 fall due; the proceeds of all such refunding bonds so issued by the City of Stone Mountain to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon past due and unpaid as of January 1, 1941, and any bonded indebtedness and interest thereon outstanding and which becomes due up to and including January 1, 1950. Said refunding bonds shall be issued when authorized by an ordinance of the officials of the City of Stone Mountain charged with the duty of managing its corporate affairs, 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, same 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,

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of the Consttiution authorizing the City of Stone Mountain 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 Stone Mountain 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 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. Proclamation. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 26, 1941. SUNNY HILL CONSOLIDATED SCHOOL DISTRICT REFUNDING BONDS. No. 22. A Resolution proposing to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1 of the Constitution of Georgia, to authorize the Sunny Hill Consolidated School District of Gwinnett County 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 existing bonded indebtedness and interest thereon, and for the purpose of building and equipping other school facilities; to authorize the issuance of said bonds; to provide for the retirement of said bonds by taxation; to restrict the use of the proceeds derived from the sale of said bonds; to provide for the submission to this amendment to the people; and for other purposes.

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Be it and it is hereby resolved by the General Assembly of Georgia: Section 1. That Article 7, Section 7, Paragraph 1 of the Constitution of Georgia, as heretofore amended, be further amended by adding at the end thereof a new paragraph as follows: Art. 7, Sec. 7, p. 1 (2-5501). And except that Sunny Hill Consolidated School District of Gwinnett County may issue refunding bonds not in excess of the aggregate sum of $14,000 for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said School District now outstanding whether now due or to become due, and for the purpose of building and equipping other school facilities in said District. Said bonds shall not be issued except after an election shall have been held in the manner hereinafter provided, at which a majority of the voters of said Consolidated School District voting at said election shall have voted `for the issuance of refunding bonds.' It shall be the duty of the ordinary of Gwinnett County, in the event this amendment is ratified, to call a special election within thirty days of the date of the proclamation of the Governor declaring this amendment ratified to be held in said School District, and the ballots used therein shall have printed thereon `for the issuance of refunding bonds' and `against the issuance of refunding bonds,' and should a majority of the qualified voters voting in said election vote `for the issuance of refunding bonds' then the ordinary shall consolidate the returns and so declare said result. Said election shall be held in accordance with the general laws, rules and regulations governing special elections, and the qualifications of voters who vote in said election shall be determined by said general laws. Should said election result in favor of the issuance of said refunding bonds they shall be validated in the manner provided by law. Said Board of Trustees, shall, by proper resolution, fix the denomination, maturity dates and interest

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rates upon said bonds. Said School District Trustees shall each year recommend to the fiscal authorities of said county the levy, 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 derived from the sale of said refunding bonds when issued shall be used exclusively for the purposes aforesaid. Refunding bonds. Special election. Tax. Section 2. When this amendment shall have been agreed to by a two-thirds vote of the members of each House, and the ayes and nays thereon entered upon their respective journals, it shall be published and submitted to the people, and the returns and declaration of the result shall be made in the manner provided by the Act approved March 24th, 1939, (Georgia Laws, 1939, pp 305, 307). Submission to vote. Approved March 27, 1941. TOOMBS COUNTY WARRANT REFUNDING BONDS. No. 319. 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 Toombs County by vote of its fiscal authority to issue, in addition to all other bonds, Funding bonds sufficient in amount to pay off and reture 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 legalize tax levies and to authorize the levy and collection of tax in the current year for use, all or in part, for the operation of

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said County for the ensuing year; 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 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 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 paragraph 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, and without restriction as to the limitation of taxable value of property for bond purposes, Toombs County is hereby authorized and empowered to issue bonds sufficient in amount to refund, pay off, and retire all 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 governing authority or Treasurer of said County on the date as determined by the governing authority of said County, which date shall be not earlier than 10 days and not more than 60 days next after the date of the proclamation of the Governor declaring this amendment ratified; said bonds to be known and designated as Funding Bonds. Bond issue. In the event the privilege granted herein is exercised by said County after said date as so determined by said governing authority, said County and the governing authority thereof are prohibited from issuing warrants or deferred payment orders on the Treasury of said County, and said

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County shall thereafter be operated on a cash basis, so that all bills and claims chargeable to or against said County or payable by the governing authority or Treasury of said County shall be paid monthly or otherwise as may be determined by the governing authority of said County, by checks or warrant drawn on the depository or depositories holding the funds of said County, and in no other way; no such checks or warrants to be issued and delivered unless funds are on deposit sufficient to immediately pay same and all other then outstanding warrants or checks, all such checks or warrants to be signed by the Chief Executive officer of said governing authority, and countersigned by the secretary thereof, with the right in said governing authority to borrow money to supply casual deficiencies in revenue as heretofore authorized by this Constitution. All tax levies for lawful County purposes heretofore made and made in the year 1941 and in each year thereafter by the governing authority charged with the duty of managing said County's affairs shall be legal, with the express power and authority in said governing authority to levy and collect taxes for lawful County purposes for the then current year for use all or in part in the operation of said County for the next ensuing year. No violation of any provision of this amendment as to the conduct of the fiscal affairs of said County after the date determined by the governing authority for the issuance of Funding Bonds shall in any wise affect or impair the validity of said Funding Bonds. Cash basis. Said Funding Bonds shall have such terms and provisions as to maturity, rate of interest, denominations and otherwise as may be fixed by the governing authority of said County, provided, however that one twentieth of said bond issued shall mature each year, the last to mature in twenty (20) years from date of issuance. Provision shall be made by the governing authority by resolution for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said Funding

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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 and interest thereon of said County, as may be determined by the date set by the governing authority of said County. Said Funding Bonds shall be issued under the authority hereof when authorized by a majority vote and resolution of the governing authority of Toombs County, but without the necessity of an election as in the case of original obligation bonds of said County, and shall then be validated in the manner and under the procedure as is provided by law for the validation of original obligation bonds. Maturity. 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 a 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 Toombs County to issue Funding Bonds, and thereafter to operate on a cash basis, and for other purposes and all persons opposed to the adoption 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 Toombs County to issue Funding Bonds, and thereafter to operate on a cash basis, and for other purposes. And if a majority of the electors qualified to vote for members of the General Assembly, voting thereon,

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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 7, Section 7, Paragraph 1, of the Constitution of the State of Georgia, and the Governor shall make proclamation therefor as provided by law. Submission to vote. Proclamation. Section 3. Be it further enacted that all laws or parts of laws in conflict herewith be, and the same are, hereby repealed. Approved March 27, 1941. UNADILLA REFUNDING BONDS. No. 27. 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 Unadilla 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 past due and unpaid as of January 1, 1941, and which becomes due up to and including January 1, 1944; 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, past due and unpaid on January 1st, 1941, or which may become due up to and including January 1, 1944; 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

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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 Unadilla 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 and interest thereon of said City outstanding past due and unpaid on January 1, 1941, and any bonded indebtedness and interest thereon of said City outstanding and which becomes due up to and including January 1, 1944, 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 fall due; the proceeds of all such refunding bonds so issued by the City of Unadilla to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon past due and unpaid as of January 1, 1941, and any bonded indebtedness and interest thereon outstanding and which becomes due up to and including January 1, 1944. Said refunding bonds shall be issued when authorized by an ordinance of the officials of the City of Unadilla charged with the duty of managing its corporate affairs, 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, same 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 Unadilla to issue refunding

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bonds, and all persons opposed to the adopting of said amendment shall have written or printed on their ballots the words Against ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution authorizing the City of Unaldilla to issue refunding bonds. And if a majority of the electors qualified to vote for members of the General Assembly, voting theeron 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 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. Proclamation. Section 3. All laws or parts of laws in conflict herewith are hereby repealed. Approved February 13, 1941. VIDALIA BONDED DEBTS. No. 284 An Act to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize the City of Vidalia to incur a bonded indebtedness in addition to the 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 July 1, 1941, and which becomes due up to and including July 1, 1943; 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 July 1, 1941, or which may become due up to and including July 1, 1943; to provide for the cubmission 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 Georgia: 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 City of Vidalia may issue refunding serial bonds not in excess of the aggregate sum of $30,000.00, thirty thousand dollars, for the purpose of refunding and retiring and bonded indebtedness and interest thereon of said City of Vidalia outstanding, due and unpaid on July 1, 1941, and any bonded indebtedness and interest thereon of said City outstanding and which become due up to and including July 1, 1943, and provide for the assessment and collection of an annual tax, sufficient in amount to pay the principal and interest of said refunding bonds so issued by the City of Vidalia to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon due and unpaid as of July 1, 1941, and any bonded indebtedness and interest thereon outstanding and which becomes due up to and including July 1, 1943, said refunding bonds shall be issued when authorized by an ordinance of the officials of the City of Vidalia charged with the duty of managing its corporate affairs, and shall be validated as provided by law. Refunding bonds. Tax. Section 2. When said amendment shall be agreed to by two-thirds vote of the members of each House, with the ayes and nays thereon recorded in their respective journals, it shall be submitted to the people in an election, the result thereof declared and proclaimed, all as provided in the Act approved March 24, 1939 (Georgia law 1939, page 305). Submission to vote. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 27, 1941.

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WALKER COUNTY WARRANT REFUNDING BONDS. No. 260. 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 Walker County to issue funding bonds in an amount sufficient to refund, pay-off, and retire all unpaid outstanding and existing warrant indebtednesses of said county including interest due and payable thereon in addition to that heretofore authorized by the Constitution and laws of Georgia, and to prohibit issuing deferred payment warrants in the future and to provide that said county shall be thereafter operated on a cash basis, and to prohibit the issuance of checks on the depository unless sufficient funds are on deposit to pay the same at the time of the issuance thereof, and to provide the right in the governing authority to borrow money to supply casual deficiencies in revenue as authorized by this Constitution, to provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said funding bonds as they shall fall due, to provide that the funds raised by such additional bonded indebtedness shall be used exclusively and for no purpose other than the payment of said unpaid warrant indebtedness and interest thereon, to provide that tax levies for lawful county purposes made in the year of 1941 and each year thereafter by the governing authority shall be legal with the express power in said governing authority to levy and collect taxes for lawful county purposes for the then current year for use all, or in part in the operation of said county for the ensuing year, and to provide that no violation of this provision as to the conduct of the fiscal affairs of said county shall affect or impair the validity of said funding bonds, to provide that said funding bonds shall have such terms and provisions as to maturity, rate

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of interest, and otherwise as may be fixed by the governing authority of said county, and to provide for the maturity of said bonds within thirty years from the date of issuance, and to provide how said bonds shall be authorized, validated and issued, and for the holding of a special 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 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 paragraph 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 Walker County without restriction as to the seven per cent limitation of taxable value of property for bond purposes is hereby authorized and empowered to issue bonds sufficient in amount to refund, pay off, and retire all 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 Depository of said County on the date as determined by the governing authority of said County, said bonds to be known and designated as Funding Bonds. Bond issue. In the event the privilege granted herein is exercised by said County, said County and the governing authority thereof are prohibited from issuing warrants and deferred payment orders on the Treasury or Depository of said County, and said County shall thereafter 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 may be determined by the governing authority of said County, by checks drawn on the depository or depositories holding the

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funds of said County, and in no other way; no such check to be issued and delivered unless funds are on deposit sufficient to immediately pay same and all other then outstanding checks, all such checks to be signed by the governing authority of said County, with the right in said governing authority to borrow money to supply casual deficiencies in revenue as heretofore authorized by this Constitution. All tax levies for lawful County purposes made in the year 1941, and in each year thereafter by the governing authority charged with the duty of managing said County affairs shall be legal, with the express power and authority in said governing authority to levy and collect taxes for lawful County purposes for the then current year for use all or in part in the operation of said County for the ensuing year. No violation of any provision of this amendment as to the conduct of the fiscal affairs of said County after the date determined by the governing authority for the issuance of Funding Bonds shall in any wise affect or impair the validity of said Funding Bonds. Cash basis. Said Funding Bonds shall have such terms and provisions as to maturity, rate of interest, and otherwise as may be fixed by the governing authority of said County, provided, however, that said bonds must all mature within thirty years from date of issuance. Provision shall be made by the governing authority by resolution for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said Funding 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 and interest thereon of said County, as may be determined by the date set by the governing authority of said County. Said Funding Bonds shall be issued under the authority hereof when authorized by a special election, to be held in the manner prescribed by law for special elections as in the case of original obligation bonds. Said funding bonds shall not be issued without

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the consent of a majority of the qualified voters of Walker County, voting at said special election for that purpose, to be held as prescribed by law. Said special election to be held within thirty days after the proclamation of the Governor declaring this amendment ratified. If the majority of the qualified voters of Walker County so voting at said special election vote for said funding bonds, then the governing authority of Walker County shall have the authority to issue said funding bonds, and said funding bonds shall be general obligations of said county and shall then be validated in the manner and under the procedure as is provided by law for the validation of original obligation bonds. Maturity. Tax. Special election. 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 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 Walker County to issue Funding Bonds to refund its outstanding warrant indebtedness, and all persons opposed to the adoption of said amendment shall have written or printed on their ballots Against ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution authorizing Walker County to issue Funding Bonds to refund its outstanding warrant indebtedness, 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 required by law in election for members of the General Assembly, the

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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. Proclamation. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1941. WASHINGTON REFUNDING BONDS. No. 21. 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 Washington 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 all of its existing bonded indebtedness and interest thereon due and unpaid as of July 1, 1941, and which becomes due up to and including November 1, 1949; 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 July 1, 1941, or which may become due up to and including November 1, 1949; 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 Washington may issue refunding

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serial bonds not in excess of the aggregate sum of $141,000.00, for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said City outstanding due and unpaid on July 1, 1941, and any bonded indebtedness and interest thereon of said City outstanding and which becomes due up to and including November 1, 1949, 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 fall due; the proceeds of all such refunding bonds so issued by the City of Washington to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon due and unpaid as of July 1, 1941, and any bonded indebtedness and interest thereon outstanding and which becomes due up to and including November 1, 1949. Said Refunding bonds shall be issued when authorized by an ordinance of the officials of the City of Washington charged with the duty of managing its corporate affairs, 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 as now provided by law, two months previous to the time for holding the next general election, it shall be submitted to the qualified voters of this State at the next general election thereafter for ratifiication or rejection. All persons voting at said election in favor of adopting the said amendment 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 Washington 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 Washington to issue refunding

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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 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. Proclamation. Section 3. All laws or parts of laws in conflict herewith are hereby repealed. Approved February 8, 1941. WAYCROSS REVENUE CERTIFICATES. No. 27. A Resolution to propose to the qualified voters of Georgia an amendment to Article seven, Section seven, Paragraph one of the Constitution of Georgia, as now amended, so as to provide for allowing the City of Waycross in Ware County, Georgia, to incur an indebtedness, in addition to an separate from the amounts of debts heretofore allowed under said paragraph under certain circumstances, for the purpose of making additions to and improvements in the existing water works system of said City of Waycross and all appurtenances thereto; to authorize and empower said City of Waycross to combine, maintain and operate its existing plant and system and the betterments, improvements and additions thereto as one undertaking; to authorize said municipality solely upon a majority vote of the Commission of said City of Waycross to finance said undertakings by the issuance from time to time of interest bearing evidences of indebtedness in the aggregate not to exceed the sum of $150,000.00 principal in the form of revenue anticipation

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certificates according to the plan, procedure, form and remedies upon default, provided in an Act of the General Assembly of Georgia, approved March 31, 1937, entitled the Revenue Certificate Law of 1937 (Georgia Laws of 1937, page 761 et seq.) and as amended; to provide that payment of said certificates when and as issued shall be made solely out of income derived from the operation of said water-works as now constructed and as may be extended and enlarged, all as provided in said act and amendments thereof, and as completely as though said undertakings were an original and new venture instead of comingling of existing facilities and appurtenances and extensions and enlargements thereof and additions thereto; to provide that said certificates when issued shall not be payable from or charged upon any funds other than the revenue pledged to the payment thereof and said municipality shall not be subject to any other pecuniary liability thereon, whatsoever; to provide for publication and submission; and for other purposes. Be it resolved by the General Assembly of the State of Georgia, and it is hereby resolved 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 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 the City of Waycross in Ware County, Georgia, may incur an indebtedness, in the amount and to the extent and in the form and manner provided herein, in addition to and separate from the amounts of debts heretofore allowed under this paragraph, for the purpose of making additions to and improvements in the existing water works system of said City of Waycross, and all appurtenances thereto and may combine, maintain and operate its existing plant and system, and the betterments, improvements

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and additions thereto as one undertaking, all of which shall be determined and acted upon by a majority vote of the Commission of said City of Waycross. Said City of Waycross is empowered and authorized solely upon a majority vote of the Commission of said city to finance said undertakings by the issuance from time to time of interest bearing evidences in the aggregate not to exceed the sum of $150,000.00 principal in the form of revenue anticipation certificates according to the plan, procedure, form and remedies upon default provided in an Act of the General Assembly of Georgia, approved March 31, 1937, entitled the `Revenue Certificate Law of 1937,' (Ga. Laws of 1937, pages 761 et seq.) and as amended and to provide that payment of said certificates when and as issued shall be made solely out of revenue derived from the operation of said water works as now constructed and as may be extended and enlarged, all as provided in said act and amendment thereof. Said municipality is empowered and authorized, acting by and through the Commission of said city as aforesaid, to proceed under and use the plan and procedure provided in said revenue act as amended as completely as though said undertakings were an original and new venture instead of a co-mingling of existing facilities and appurtenances and additions, extension, and enlargements thereof. Said certificates of indebtedness when issued shall not be payable from or charged upon any funds other than the revenue pledged to the payment thereof, nor shall said municipality be subject to any other pecuniary libality thereon whatsoever. Provided, however, the aggregate of all the indebtedness that may be incurred under this amendment is limited to $150,000.00 principal. Revenue certificates. Section 2. When this amendment shall be agreed to by a two-thirds vote 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 published and submitted to the people, and the returns and declaration

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of the result shall be made, in the manner provided by the Act approved March 24, 1939 (Ga. Laws 1939, pages 305-307). Submission to vote. 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 26, 1941. WILCOX COUNTY REFUNDING BONDS. No. 299. A Resolution proposing 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 Wilcox to incur a bonded indebtedness in addition to that heretofore authorize by the Constitution and laws of Georgia for the purpose of refunding and retiring a portion of its existing bonded indebtedness and interest thereon past due and unpaid as of July 1, 1940, and which becomes due up to and including July 1, 1942; to provide that the funds raised from such additional bonded indebtedness shall be used exclusively for the retirement of said bonded indebtedness, and interest thereon past due and unpaid on July 1, 1940, or which may become due up to and including July 1, 1942; to provide for the submission of the amendment for ratification by the people; and for other purposes. Be it and it is hereby enacted by the General Assembly of the State of Georgia: 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).

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And except that the County of Wilcox may issue refunding serial bonds not in excess of the aggregate sum of $48,000.00, for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said county outstanding, past due and unpaid on July 1, 1940, and any bonded indebtedness and interest thereon of said County outstanding and which becomes due up to and including July 1, 1942, 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 Wilcox to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon past due and unpaid as of July 1, 1940, and any bonded indebtedness and interest thereon outstanding and which becomes due up to and including July 1, 1942. Said refunding bonds shall be issued when authorized by a resolution of the officials of Wilcox County charged with the duty of managing its affairs, and shall be validated as provided by law. Refunding bonds. Tax. Section 2. When said amendment shall be agreed to by two-thirds of the members of each House, and the ayes and nays thereon recorded in their respective Journals, the same shall be published and submitted to the qualified voters of the State, and the result consolidated and declared in the manner provided by the Act approved March 24, 1939 (Georgia Laws 1939, pages 305, 307). Submission to vote. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 27, 1941.

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WILCOX COUNTY WARRANT REFUNDING BONDS. No. 306. 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 Wilcox County, by vote of its fiscal authority, to issue, in addition to all other bonds. Funding 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 an 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 legalize tax levies and to authorize the levy and collection of a tax in the current year for use, all or in part, for the operation of said County for the ensuing year; 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 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 Georgia, and it is hereby enacted by authority of 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 paragraph 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

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now or hereafter authorized by this Constitution, and without restriction as to the limitation of taxable values of property for bond purposes, Wilcox County is hereby authorized and empowered to issue bonds sufficient in amount to refund, pay off, and retire all 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 of said County on the date as determined by the governing authority of said County, which date shall be not earlier than 10 days and not more than 60 days next after the date of the proclamation of the Governor declaring this amendment ratified; said bonds to be known and designated as `Funding Bonds.' Bond issue. In the event the privilege granted herein is exercised by said County after said date as so determined by said governing authority, said County and the governing authority thereof are prohibited from issuing warrants and deferred payment orders on the Treasury of said County, and said County shall thereafter 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 may be determined by the governing authority of said County, by checks drawn on the depository or depositories holding the funds of said county, and in no other way; no such checks to be issued and delivered unless funds are on deposit sufficient to immediately pay same and all other then outstanding checks, all such checks to be signed by the Chairman of said governing authority, a member of the governing authority, and the clerk, and countersigned by the Treasurer of said County, with the right in said governing authority to borrow money to supply casual deficiencies in revenue as heretofore authorized by this Constitution. All tax levies for lawful County purposes heretofore made and made in the year 1941 and in each year thereafter by the governing authority charged

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with the duty of managing said County's affairs shall be legal, with the express power and authority in said governing authority to levy and collect taxes for lawful County purposes for the then current year for use all or in part in the operation of said County for the next ensuing year. No violation of any provision of this amendment as to the conduct of the fiscal affairs of said County after the date determined by the governing authority for the issuance of Funding Bonds shall in anywise affect or impair the validity of said Funding Bonds. Cash basis. Said Funding Bonds shall have such terms and provisions as to maturity, rate of interest, and otherwise as may be fixed by the governing authority of said County, provided, however, that said bonds must all mature within thirty years from date of issuance. Provision shall be made by the governing authority by resolution for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said Funding 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 and interest thereon of said County, as may be determined by the date set by the governing authority of said County. Said Funding Bonds shall be issued under the authority hereof when authorized by a majority vote and resolution of the governing authority of Wilcox County but without the necessity of an election as in the case of original obligation bonds of said County, and shall then be validated in the manner and under the procedure as is provided by law for the violation of original obligation bonds. Maturity. 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

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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 Wilcox County to issue Funding Bonds, and thereafter to operate on a cash basis, 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 Wilcox County to issue Funding Bonds, thereafter to operate on a cash basis, 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 7, Section 7, Paragraph 1, of the Constitution of the State of Georgia, and the Governor shall make proclamation therefor as provided by law. Submission to vote. Proclamation. Section 3. Be it further enacted, that all laws or parts of laws in conflict herewith be, and the same are, hereby repealed. Approved March 27, 1941.

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WRIGHTSVILLE CONSOLIDATED SCHOOL DISTRICT REFUNDING BONDS. No. 289. 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 Wrightsville Consolidated School District, of Johnson County, 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 a portion of its existing bonded indebtedness and interest thereon past due and up to and including January 1, 1965; 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, past due and unpaid on July 1, 1938, or which may become due up to and including January 1, 1965; 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 Wrightsville Consolidated School District, of Johnson County, may issue refunding bonds not in excess of the aggregate sum of $17,500.00, for the purpose of refunding and retiring any bonded indebtedntss and interest thereon of said School District autstanding, past due and unpaid on July 1, 1938, and any bonded indebtedness and interest thereon of said School District outstanding and which becomes due up to and including January 1, 1965, and provide for the assessment and collection of an

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annual tax, sufficient in amount to pay the principal and interest of said bonds as they fall due; the proceeds of all such refunding bonds so issued by Wrightsville Consolidated School District, Johnson County, to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon past due and unpaid as of July, 1938, and any bonded indebtedness and interest thereon outstanding and which becomes due up to and including January 1, 1965. Said Refunding Bonds shall be issued when authorized by a resolution of the Board of Trustees of Wrightsville Consolidated School District, 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 a 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, same 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 Wrightsville Consolidated School District, of Johnson County, 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 Wrightsville Consolidated School District, of Johnson County, to issue refunding bonds, And if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the result shall be consolidated as now required by law in election for members

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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. Proclamation. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 27, 1941.

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TITLE II. APPROPRIATIONS. ACT. Administering Appropriations ActsBugetary Control. ADMINISTERING APPROPRIATIONS ACTSBUDGETARY CONTROL. No. 3. An Act To fix the powers of the Governor in administering appropriations acts; to provide for the ascertainment of surpluses in appropriations and allocations above quarterly approved budgets; to make provision for the disposition thereof; to appropriate such surpluses; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That whenever, in the administration of any general appropriations act or other appropriation act, the funds available during any quarter of the fiscal year to any board, bureau, department or other spending agency of the State, for which appropriation is made in a fixed sum or by allocation of revenue or otherwise, shall exceed in the aggregate the amount of the budget approved for such department, board, bureau or other spending agency of the State for the quarter, the Governor, as Director of the Budget, is authorized to declare the amount by which the sum available to such department, board, bureau or other spending agency of the State exceeds the amount of its approved budget to be surplus funds. Thereupon the Governor shall

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authorize and direct the State Treasurer to transfer the sums so declared as surplus from the account of such department, board, bureau, or other spending agency determined to have such surplus, to the credit of a general surplus account, which shall be maintained as such by the State Treasurer, and the State Treasurer shall transfer such funds accordingly. All such funds accruing to the general surplus account are hereby continuingly appropriated and reappropriated to, and shall, immediately upon being so transferred to such general surplus account, become a part of the contingent or emergency appropriation provided for by Section 40-408 of the Code of Georgia of 1933, and be disbursed and disposed of as provided by that section. The appropriations made by any general appropriations act or other appropriations act, to which this section shall be applicable, whether in fixed sums or in allocated revenue or otherwise, as adjusted under the provisions of this section within any fiscal year, shall be the appropriations for such fiscal year for the departments, boards, bureaus and other spending agencies of the State to which such appropriations are made. The provisions of this section shall apply to appropriations made by the General Appropriations Act approved March 30, 1937, as well as to general or other appropriation acts subsequently enacted. Funds in excess of quarterly budget may be declared to be surplus funds. Governor to authorize Treasurer to transfer surplus funds to the general surplus account. Surplus funds become part of emergency appropriation. Appropriations. Application of section. Provided, however, that nothing herein contained shall affect the distribution to the several counties of the State of the one cent per gallon of the Motor Fuel Tax allocated to the several counties by No. 92-1404 of the Code of Georgia of 1933, as amended by the Act approved March 18, 1937, known as the Motor Fuel Tax Law, for the construction and maintenance of public roads; nor shall anything herein contained affect the distribution or the appropriation of the one cent per gallon of the tax on gasoline and the one cent per gallon tax on kerosene set aside to the public schools of the State for an equalization fund by No. 92-1404 of the Code of Georgia of 1933, as amended by said Act of March

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18, 1937, known as the Motor Fuel Tax Act, and as provided for by No. 32-948 of the Code of Georgia of 1933; but the full amount of the one cent per gallon of the gasoline tax allocated to the several counties of the State, and the full amount of the one cent per gallon of the gasoline tax and the one cent per gallon tax on kerosene, allocated to the public schools of the State for an equalization fund, shall be excepted from the provisions of this section, and shall be paid over to the counties and the public schools as now provided by law. Motor fuel tax not affected. Section 2. This Act shall become effective upon its approval by the Governor, and, unless otherwise provided by law, shall remain effective until the 31st day of December, 1942, after which date it shall cease to be effective. Effective until when. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Repealing clause. Approved February 4, 1941.

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TITLE III. TAXATION. ACTS. Alcoholic LiquorsRegulation and TaxAct Amended. Board of Tax AppealsJurisdiction Limited. General Tax Act Amended. General Tax Act Amended. General Tax Act Amended. Income-Tax Law Amended. Income TaxResident DefinedEstate Taxes. Intangibles ClassificationAct Amended. Rolling Store Motor Vehicles Maintenance TaxAct Amended. Unemployment Compensation Tax Exemptions. WinesLicense and Tax. ALCHOLIC LIQUORSREGULATION AND TAXACT AMENDED. No. 418. An Act to amend an Act known as Revenue Tax Act to legalize and Control Alcholic Beverages and Liquors, (Georgia Laws 1937-38, pp. 103-124), approved February 3, 1938, by amending Section 4 of said Act by providing that any county which has held an election in accordance with the provisions of this Act, resulting in majority of votes being cast in favor of legalizing alcoholic beverages and the manufacture and distribution of same, the Ordinary of said county shall, upon petition signed by 35% of the registered voters, proceed to call another election in same manner, for the purpose of nullifying the previous election, but that no such election shall be called within two years after declaration of result of previous election; and for other purposes.

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Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That the Act approved February 3, 1938, known as Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors, (Georgia Laws 1937-38, pp. 103-124), be and the same is hereby amended by adding at the end of Section 4 of said Act the following: Act of 1938 amended. Be it further provided, that in any county which has at any time held an election in accordance with the provisions of this Act, resulting in the majority of the votes being cast in favor of taxing, legalizing and controlling alcoholic beverages and liquors, and the manufacture, distribution and sale of same in such county, the Ordinary of such county shall, upon a petition signed by at least thirty-five per cent. (35%) of the registered qualified voters of said county, proceed to call another election in the same manner as hereinbefore provided in this section, for the purpose of nullifying the previous election; however, no such election shall be called or had within two years after the date of the declaration of the result by the Ordinary of the previous election had for such purpose under this Act. Election. Section 2. That all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 27, 1941. BOARD OF TAX APPEALSJURISDICTION LIMITED. No. 344. An Act to restrict and limit the jurisdiction of the State Board of Tax Appeals created and provided for by Chapter 3 of the act approved January 3rd, 1938, reorganizing the administration of the revenue laws of Georgia;

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to provide the disposition of cases, matters and controversies now pending before the State Board of Tax Appeals; and for other purposes. Be it and it is hereby enacted by the General Assembly of Georgia: Section 1. From and after the approval of this act the jurisdiction of the State Board of Tax Appeals created and provided for by Chapter 3 of the act approved January 3rd, 1938, entitled, An act to make comprehensive provision for an integrated tax administration for Georgia; to create the Department of Revenue and the office of State Revenue Commissioner; to confer upon such commissioner all the powers and duties formerly vested in the State Revenue Commission and in the Comptroller General in relation to petroleum inspection, licenses and taxation; to abolish the State Revenue Commission; to continue the Comptroller General as Insurance Commissioner, Comptroller of Withdrawals, to provide for the appointment, term of office, salary, oath, bond, authority, duties and removal of the State Revenue Commissioner; to provide for the organization and operation of the department; to create the State Board of Tax Appeals; to provide for review by the Board of the assessments and equalization orders of the Commissioner; to make appropriation for the Department and the Board; to provide for appeal to the Board from the Superior Courts; to enforce tax liability to other states which reciprocate; to repeal Code Sections 92-4507-9, 92-6001-7, 92-7004-6, Chapters 92-60, 92-61 and 92-68 and laws in conflict with this Act; to provide for the administration of and the enforcement of the tax laws; and for other purposes, shall be limited to reviewing in the way and manner provided for by said act of January 3rd, 1938, assessments entered by the State Revenue Commissioner on tax returns for ad

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valorem taxes required to be made to the State Revenue Commissioner. The procedure provided for by said act of January 3rd, 1938, with respect to such assessments shall remain of full force and effect as now provided thereby. Act of 1938 amended. Reviewing assessments made by revenue commissioner. Section 2. All cases, matters, claims and controversies of whatsoever nature except those relating to the assessments of which jurisdiction in the State Board of Tax Appeals is retained by this act shall, upon the approval of this act, be recommitted to the State Revenue Commissioner who shall thereupon proceed to pass upon and determine any questions therein presented or involved. Any such ruling by the State Revenue Commissioner shall be subject to review by the courts as now provided for by said act of January 3rd, 1938, as fully as if such rulings had been reviewed by the State Board of Tax Appeals. Cases re-committed to commissioner. Section 3. The time during which any such matter, case or controversy as prior to the approval of this act pended before the State Board of Tax Appeals shall be excluded from computation in determining whether any appeal from such assessment or ruling made thereon is barred by the statute of limitations prescribed by any revenue law. Time case pended is excluded. Section 4. All laws or parts of laws in conflict with this act are hereby repealed. Approved March 27, 1941. GENERAL TAX ACT AMENDED. No. 275. An Act to amend an Act entitled General Tax Act, Georgia Laws of 1938, Pages 42 and 43, by adding to paragraph 71 (a) a provisions that persons, firms or corporations operating established places of business, who pay business licenses taxes thereon to the State or any county or

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municipality, and who own and operate therein merchandise vending machines for dispensing articles composed partly of peanuts, pecans, or other nuts grown in the United States of America, and where there is no chance involved, shall be exempt from such machine license taxes; that other owners and aperators of machines vending articles, at least one half of which are composed in part of peanuts, pecans or other nuts grown in the United States of America, and where there is no chance involved, shall, in lieu of machine license taxes, pay an annual tax to the State, as follows: owners and operators of not more than 100 such machines, $20.00; owners and operators of 101 machines and not more than 250 machines, $40.00; owners and operators of 251 machines and not more than 500 machines, $75.00; owners and operators of more than 500 machines, $100.00; that counties and municipalities wherein such machines as herein described are operated may each impose a license tax not exceeding one-half the amount imposed by the State; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That sub-section (a) of paragraph 71 of the General Tax Act, Georgia Laws of 1935, pages 42 and 43, shall be amended by adding at the end of said sub-section the following: Provided, that persons, firms or corporations operating established places of business, who pay business license taxes thereon to the State or any county or municipality, and who own and operate therein merchandise vending machines for dispensing articles composed partly of peanuts, pecans or other nuts grown in the United States of America, and where there is no chance involved, shall be exempt from such machine license taxes; that other owners and operators of machines vending articles, at least one-half of which are composed in part of peanuts, pecans or other nuts grown in the United States of America, and

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where there is no chance involved, shall, in lieu of machine license taxes, pay an annual tax to the State, as follows: owners and operators of not more than 100 such machines, $20.00; owners and operators of 101 machines and not more than 250 machines, $40.00; owners and operators of 251 machines and not more than 500 machines, $75,00; owners and operators of more than 500 machines, $100.00; that counties and municipalities wherein such machines as herein described are operated may each impose a license tax not exceeding one-half the amount imposed by the State; and for other purposes. Act of 1935 amended. Tax on nut vending machines. Section 2. If any part or portion of this Act shall be declared unconstitutional or of no effect for any reason, and the remaining portion or portions thereof can be put into force and effect, then the remaining portion or portions thereof can be put into force and effect, then the remaining portion or portions shall take force and effect without the illegal part or parts. Section 3. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 27, 1941. GENERAL TAX ACT AMENDED. No. 363. An Act to amend paragraph 43 of the General Tax Act of 1935 (Georgia Laws 1935, pages 11-72) by providing that domestic and domesticated foreign corporations shall be taxed on the same basis; by inserting a comma after the word `profit' in the fourth line; to strike the words `Comptroller-General' wherever it appears and substitute in lieu the words `Revenue Commissioner;' to repeal all laws and parts of laws in conflict; 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. Corporations, Domestic and Domesticated Foreign. That paragraph 43 of the General Tax Act of 1935 (Georgia Laws 1935, page 25) be amended by adding a comma after the word `profit' in the fourth line of said paragraph, and by further amending said paragraph by inserting the following words after the word `scale' in the eighth line, Act of 1935 amended. domestic and domesticated foreign corporations are required to pay the same occupation tax as herein specified, so that said section as amended shall read as follows: All corporations incorporated under the laws of Georgia, except those that are not organized for pecuniary gain or profit, and domesticated foreign corporations, in addition to all other taxes now required of them by law, are hereby required to pay each year an annual license or occupation tax as specified in the following scale: Annual license tax on corporations. Domestic and Domesticated Foreign Corporations are required to pay the same occupation tax as herein specified: Corporations with issued capital stock not exceeding $10,000, $10.00. Scale. Corporations with issued capital stock over $10,000 and not over $25,000, $30.00. Corporations with issued capital stock over $25,000 and not over $75,000, $75.00. Corporations with issued capital stock over $75,000 and not over $100,000, $100.00. Corporations with issued capital stock over $100,000 and not over $300,000, $200.00. Corporations with issued capital stock over $300,000 and not over $500,000, $250.00.

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Corporations with issued capital stock over $500,000 and not over $750,000, $300.00. Corporations with issued capital stock over $750,000 and not over $1,000,000, $500.00. Corporations with issued capital stock over $1,000,000 and not over $2,000,000, $750.00. Corporations with issued capital stock over $2,000,000 and not over $4,000,000, $1,000.00. Corporations with issued capital stock over $4,000,000 and not over $6,000,000, $1,250.00. Corporations with issued capital stock over $6,000,000 and not over $8,000,000, $1,500.00. Corporations with issued capital stock over $8,000,000 and not over $10,000,000, $1,750.00. Corporations with issued capital stock over $10,000,000 and not over $12,000,000, $2,000.00. Corporations with issued capital stock over $12,000,000 and not over $14,000,000, $2,500.00. Corporations with issued capital stock over $14,000,000 and not over $16,000,000, $3,000.00. Corporations with issued capital stock over $16,000,000 and not over $18,000,000, $3,500.00. Corporations with issued capital stock over $18,000,000 and not over $20,000,000, $4,000.00. Corporations with issued capital stock over $20,000,000 and not over $22,000,000, $4,500.00. Corporations with issued capital stock over $22,000,000, $5,000.00. For the purpose of ascertaining the tax hereby imposed,

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capital stock having no nominal or par value shall be deemed to have value as is fixed therefor by the Revenue Commissioner from the information contained in the report to be filed by said corporation, as hereinafter provided for, and from any other information obtained by the Revenue Commissioner. The tax provided for in this paragraph to be paid to the Revenue Commissioner through the Tax Collector in the county where the principal place of business of said corporation is located for which said service in collecting the taxes, which it is made the duty of the Collector to collect, the Tax Collector shall receive a commission of five (5) per centum of the tax so collected up to $500.00 and of two (2) per centum of the amount so collected from $500.00 to $1,000.00 and of one (1) per centum of all amounts so collected above $1,000.00. Provided, however that said tax under this paragraph which shall be payable by railroads and the other public utility corporations, which under Section 9 of the General Tax Act of 1927 (Georgia Laws 1927, page 97) are required to make ad valorem tax returns to the Revenue Commissioner, shall be collected by the Revenue Commissioner. Said tax collector shall remit to the Revenue Commissioner such taxes collected, less his commission, on the first day of each month following the month in which said taxes were collected. Ascertaining tax. Tax collectors to collect the tax. Commissions. Provided that the Commissions herein provided for shall be paid into the County Treasury in all Counties where the Tax Collector or Tax Commissioner is on a salary, in whole or in part salary and part Commissions. Be it further enacted by the authority aforesaid, that each domestic corporation shall, on or before the first day of January each year, make a report to the Revenue Commissioner, upon forms furnished by him, showing: Domestic corporations to make report. (a) The name of the corporation. (b) The location of its principal offices.

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(c) The name of the president, secretary, treasurer, and members of the board of directors, with postoffice address of each. (d) The date of annual election of officers. (e) The amount of authorized capital stock, and the par value of each share. (f) The amount of capital stock subscribed, the amount of capital stock issued and outstanding, the amount of capital stock paid up, and the amount of surplus and dividend profits. (g) The nature and kind of business in which the corporation is engaged, and its place or places of business. (h) The change or changes, if any, in the above particulars since the last annual report. (i) And for corporations whose capital stock had no par value, a balance-sheet of the last day of the last fiscal or calendar year. (j) Such report shall be signed and sworn to before any officer authorized to administer oaths, by the president, vice-president, secretary, treasurer, or general manager of the corporation, and forwarded to the Revenue Commissioner. (k) So long as national banking associations are exempt from the payment of the tax imposed under this section, State banks and trust companies shall likewise be exempt. This exemption shall apply only to trust companies as are engaged in commercial banking or receiving deposits. (l) No income tax shall be required of domestic mutual fire-insurance companies chartered under the laws of the State of Georgia.

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Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 27, 1941. GENERAL TAX ACT AMENDED. No. 392. An Act to amend an Act known as the General Tax Act (Georgia Laws 1935, page 11 et seq.) by revising Paragraph 81 thereof relating to the tax levied against packing houses, brokers and butcher plants; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Paragraph 81 of the General Tax Act (Georgia Laws 1935, page 11 et seq.) appearing on page 47 of the said Acts of 1935, be and the same is hereby stricken in its entirety and a new Paragraph 81 inserted in lieu thereof to read as follows: Act of 1935 amended. Par. 81. Packing houses, Brokers and Butcher Plants. Upon every packing house, butcher plant, broker or brokers, and every person, persons, firm or corporation acting as agent for any packing house or corporation dealing in packing house products or goods, doing business in this State, for each place of business a tax of $300.00, provided the entire volume of business is in the amount of one million dollars or more per annum; for each place of business $150.00, provided the volume of business is in the amount of one-half million dollars to one million dollars per annum; for each place of business in each county $50.00, provided the volume of business is in an amount of $100,000.00 to one-half million dollars per annum; for each place of business in each county $25.00, provided the volume of business is in an amount less than $100,000.00 per annum. Tax on packing houses, etc.

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Section 2. The license to be paid for each such place of business shall be determined upon the basis of the volume of business in and from such place of business, as to which such tax is being calculated. Section 3. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 27, 1941. INCOME-TAX LAW AMENDED No. 195. An Act to amend Title 92 (Public Revenue) Division 1 (Sources of Revenue) Part 9 (Income Taxes) of the Code of Georgia of 1933 as amended by an Act approved March 26, 1935, and by an Act approved March 30, 1937, and by an Act approved December 29, 1937, and by an Act approved February 16, 1938, by amending Section 92-3106 of said Code as so amended, relating to personal exemptions and credits, by adding the words and supporting between the word having and the word minor in paragraph (c) of said section as amended; by amending paragraph (h) of said Section 92-3106 as so amended, so as to re-define the method of computing the net income of an estate or trust, so as to fix the amount or exemption for a trust, and so as to provide for an exemption to fiduciaries acting in relation to an estate where minor children or incompetent persons are beneficiaries; by amending said Section 92-3106 of the Code as so amended, by adding a new paragraph thereto to be known as paragraph (j), so as to provide that no person shall be allowed a credit for dependents when the person claimed as a dependent is entitled to receive an income in an amount exceeding $400.00 a year from a trust created for the benefit of such dependent; by amending Section 92-3107 of the Code as so amended, relating

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to the definition of gross income, by striking from subsection (5) of paragraph (b) of said section the words the United States Government, or; by amending paragraph (a) of Section 92-3109 of said Code as so amended, relating to deductions from gross income, by striking from next to the last line of paragraph (a) of said section the word earning and by substituting therefor the words connection with earning and distributing; by amending paragraph (b) of said Section 92-3109 as so amended, by striking the word interest in next to the last line of said paragraph (b) and by substituting in lieu thereof the word income; by expressly repealing paragraph (h) of said Section 92-3109 of said Code as so amended, relating to a deduction from gross income of certain portions of the dividends received by Georgia corporations from other corporations engaged in business in the State of Georgia; by amending Section 92-3113 said Code as so amended, relating to the allocation and apportionment of income of corporations, so as to strike and repeal said section and substitute in lieu thereof an entirely new section relating to allocation and apportionment of income of corporations, to be known as Section 92-3113; by amending Section 92-3118 of said Code as so amended, relating to accounting periods and basis of net income, so as to add thereto a new paragraph to be known as paragraph (g) which shall provide that the income and expenses of a taxpayer who dies during the year shall be accrued to the date of death; by amending Section 92-3119 of said Code as so amended, relating to basis for determining gain and loss, so as to eliminate wherever they occur in paragraph (b) of said section the words after January 1, 1931; by amending Section 92-3201 of said Code as so amended, relating to individual returns, and return of husband and wife and persons under disability, so as to add thereto a new paragraph to be designated as paragraph (e) requiring the

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final return for a deceased individual to be made on the accrual basis regardless of the method formerly used by such deceased individual; by amending Section 92-3202 of said Code as so amended, relating to corporation returns, so as to provide that the income of two or more corporations shall not be included in a single return, except with the expressed consent of the Commissioner; by amending paragraph (a) of Section 92-3203 of said Code as so amended, relating to fiduciary returns, so as to strike and eliminate wherever they occur the figure $1,000.00 and substitute in lieu thereof the figure $100.00; by amending paragraph (b) of said section 92-3203 of said Code as so amended, so as to provide that fiduciaries are subject to all provisions of law which apply to individuals, except as to exemptions allowed by this Act; to provide for reserves for bad debts; to provide an effective date for this Act; to repeal all laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same: That Title 92 (Public Revenue), Division 1 (Sources of Revenue), Part 9 (Income Taxes), Chapter 92-31 of the Code of Georgia of 1933 as amended by an Act approved March 26, 1935, and by an Act approved March 30, 1937, and by an Act approved December 29, 1937, and by an Act approved February 16, 1938, be amended in the following particulars: Income-tax act amended. Section 1. That Section 92-3106 of said Code as so amended, be further amended by adding the words and supporting between the word having and the word minor in paragraph (c) of said section as amended, so that paragraph (c) as amended shall read as follows: Code section 92-3106 amended. (c) In the case of a widow or widower having and supporting

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a minor child or children, natural or adopted, $2,500.00. Widow or widower and minor children. That paragraph (h) of said Section 92-3106 as so amended, be further amended by striking said paragraph (h) and by inserting in lieu thereof the following: (h) The net income of the estate or trust shall be computed in the same manner and on the same basis as in the case of an individual, except that an exemption of $1,000. shall be allowed only to a fiduciary acting in relation to an estate where minor child or children, or incompetents are beneficiaries. All other trusts and estates shall be entitled to only one exemption of $100.00. Estates or trusts, exemptions. Be it further enacted, that said Section 92-3106 as so amended, be further amended by adding thereto a new paragraph to be known as paragraph (j) to read as follows: (j) No person shall be allowed a credit for a dependent or dependents when the person or persons claimed as dependents are entitled to receive an income in an amount exceeding $400.00 a year from a trust created for the benefit of such dependent, whether said $400.00 be accrued or paid within the taxable year. No exemption on account of dependentswhen. Section 2. That Section 92-3107 of said Code as so amended, be further amended by striking from sub-section (5) of paragraph (b) of said section the words the United States Government, or, so that said sub-section (5) as amended shall read as follows: Code section 92-3107 amended. (b) (5) Interest upon the obligations of this State or of any political subdivision thereof. Section 3. That paragraph (a) of Section 92-3109 of said Code as so amended, be further amended by striking from next to the last line of paragraph (a) of said section the word earning and by substituting therefor the words

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connection with earning and distributing, so that paragraph (a) of said Section 92-3109 as amended shall read as follows: Code section 92-3109 amended. 92-3109 (a) Expenses.All the ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business, including a reasonable allowance for salaries or other compensation for personal services actually rendered; traveling expenses (including the entire amount expended for meals and lodging) while away from home in the pursuit of a trade or business; and rentals or other payments required to be made as a condition of the continued use or possession, for purpose of the trade or business, of property to which the taxpayer has not taken or is not taking title or in which he had no equity. Expense incurred in connection with earning, and distributing nontaxable income is not an allowable deduction from taxable income before computing the tax. Expenses. That paragraph (b) of said Section 92-3109 as so amended, be further amended by striking the word interest in next to the last line of said paragraph (b) and by substituting in lieu thereof the word income, so that said paragraph (b) as amended shall read as follows: 92-3109 (b) Interest.All interest paid or accrued within the taxable year on indebtedness, except on indebtedness incurred or continued to purchase or carry obligations or securities the income upon which is wholly exempt from taxation under this law. Interest. Section 3B. That subsection E of Section 92-3109 of the Code relating to bad debts be and the same is hereby amended by inserting between the words taxable year and provide in line two of said Section the words and symbols (or, in the discretion of the Commissioner, a reasonable reserve created for bad debts), so that said subsection E as amended shall read as follows: (E) Bad Debts.Debts

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ascertained to be worthless and actually charged off within the taxable year, (or, in the discretion of the Commissioner, a reasonable reserve created for bad debts) provided the amount has previously been included in the gross income in a return of income filed with the State. No deduction with respect to loans to relatives and friends shall be allowed as a bad debt or otherwise. Bad debts. Section 4. That paragraph (h) of said Section 92-3109 as amended, relating to a deduction from gross income of certain portions of the dividends received by Georgia corporations from other corporations engaged in business in the State of Georgia, be and the said paragraph is hereby repealed. Paragraph (h) repealed. Section 5. That Section 92-3113 of said Code as so amended, be and the same is hereby further amended by striking and repealing said section in its entirety and by substituting therefor a new section of the Code to be designated as Section 92-3113 and reading as follows: Code section 92-3113 amended. 92-3113. Corporation; allocation and apportionment of income. The tax imposed by this law shall apply to the entire net income, as herein defined, received by every domestic corporation and every foreign corporation owning property or doing business in this State. Corporation; allocation and apportionment of income. (a) If the entire business income of the corporation is derived from property owned or business done in the State, the tax shall be imposed on the entire business income, but if the business income of the corporation is derived in part from property owned or business done in the State and in part from property owned or business done without the State, the tax shall be imposed only on the portion of the business income reasonably apportioned to the property owned and business done within the State to be determined as follows:

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(1) Interest received on bonds held for investment is not subject to apportionment except as it may be used to reduce apportionable interest paid. Rentals received from real estate held purely for investment purposes and not used in the operation of the business are not subject to apportionment. All expenses connected with the interest and rentals realized from investments such as above are not subject to apportionment but must be applied against the investment income. The taxability of the net investment income depends upon the situs of the investment property or the situs of the corporation. (2) Gains from the sale of tangible or intangible property not held, owned, or used in connection with the trade or business of the corporation nor for sale in the regular course of business shall be allocated to the State if the property sold is real or tangible personal property situated in the State or intangible property not connected with the business in the State. Otherwise such gains shall be allocated outside the State. (3) Net income of the above classes having been separately allocated and deducted, as above provided, the remainder of the net business income shall be apportioned as follows: THREE FACTOR RATIO (a) Tangible property ratio.The ratio of the tangible property, real, personal and mixed, owned and used by the taxpayer in Georgia in connection with the trade or business done by such taxpayer in this State during the income year is to the total of such tangible property of the taxpayer owned and used in connection with the trade or business everywhere. The value of the corporation's tangible property for the purposes of this section shall be the average value of such property at the beginning and the end of the taxable period, based on cost. Cash on hand or in bank, shares of stocks, notes, bonds, accounts receivable or other

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evidence of indebtedness, special privileges, franchises, patents, and good will; or property, the income from which is not taxable or is specifically allocated shall not be considered tangible property nor included in the apportionment. Three factor ratio. (b) Salaries and wages ratio.The percentage which the taxpayer's wages, salaries, commissions or other compensation paid or incurred in this State or paid in respect to labor performed in this State in connection with said trade or business done by such taxpayer in this State is to the taxpayer's total wages, salaries, commissions paid or incurred in connection with said entire trade or business. Salary and wages ratio. (c) Sales Ratio.The percentage which the sales made within this State and through, from or by offices, agencies, branches or stores within this State is to the total sales wherever made. For the purpose of this section, in determining the amount of sales made within Georgia, there shall be excluded therefrom, sales negotiated or effected in behalf of the taxpayer by agents or agencies chiefly situated at, connected with or sent out from premises owned or rented outside the State by the taxpayer or by his agents or agencies for the transaction of business, and sales otherwise determined by the Commissioner to be attributable to the business conducted on such premises. Sales ratio. If the taxpayer maintains an office warehouse or other places of business outside the State for the purpose of reducing its tax under this section it shall in determining the amount of taxable net income include therein the proceeds of sales attributed by the taxpayer to the business conducted at such place outside the State. The tangible property ratio, the salaries and wages ratio, and the sales ratio are separately determined, the three percentages averaged, and the net income of the corporation allocated and apportioned to Georgia according to said average.

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TWO FACTOR RATIO (d) If only two of the foregoing ratios are applicable, the percentages of those two ratios which are applicable are averaged and the net income of the corporation allocated and apportioned to Georgia according to said average. Two factor ratio. ONE FACTOR RATIO (e) If only one of the foregoing three ratios is applicable, the net income of the corporation allocated and apportioned to Georgia shall be determined solely by that one ratio. One factor ratio. (4) Dealers in securitiesalternative method Where income is derived principally from the holding and/or sale of intangible property, having a taxable situs in this State, the tax shall be imposed on the entire business income; if a portion of such intangible property has a taxable situs without the State, the portion of the income derived from the holding and/or sale of such property attributable to this State shall be taken to be such percentage as the gross receipts from such intangible property in this State for the taxable year bear to the total gross receipts from such sources; Provided, that the taxable situs of intangible property held or owned by any domestic corporation or by any foreign corporation whose principal place of business is in Georgia, shall be deemed to be in the State of Georgia, notwithstanding any domicile of any such corporation established elsewhere. Dealers in securitiesalternative method. (5) Domestic subsidiary of foreign corporation or foreign subsidiary of foreign corporation.Discretion of commissioner in examining and construing inter-company accounts. The net income of a domestic or foreign corporation which is a subsidiary of another corporation or closely affiliated therewith by stock ownership shall be determined by eliminating all payments to the parent corporation or

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affiliated corporation in excess of fair value, and by including fair compensation to such domestic business corporation for its commodities sold to or services performed for the parent corporation or affiliated corporation. For the purposes of determining such net income the Commissioner may equitably determine such net income by reasonable rules of apportionment of the combined income of the subsidiary, its parent and affiliates or any thereof. Determination of income of certain corporations. Section 6. That Section 92-3118 of said Code as so amended, be further amended by adding thereto a new paragraph to be known as paragraph (g) to read as follows: Code section 92-3118 amended. (g) Income and expenses of the taxpayer who dies during the year should be accrued to the date of death. Expenses to date of death. Section 7. That Section 92-3119 of said Code as so amended, be further amended by eliminating therefrom wherever they occur in paragraph (b) of said section the words after January 1, 1931, so that paragraph (b) of Section 92-3119 as amended shall read as follows: Code section 92-3119 amended. (b) In the case of property acquired by gift, the basis shall be the same as that which it would have in the hands of the donor or last preceding owner by whom it was not acquired by gift. Property acquired by gift. Section 8. That Section 92-3201 of said Code as so amended, be further amended by adding thereto a new paragraph to be designated as paragraph (e) to read as follows: Code section 92-3201 amended. (e) The final return for a deceased individual shall be made on an accrual basis and shall include income accrued to date of death, regardless of the method formerly used by the deceased individual. Final return of deceased. Section 9. That Section 92-3202 of said Code as so amended, be further amended by inserting in said section

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after the sentence which reads the income of two or more corporations shall not be included in a single return, the following phrase, namely: except with the expressed consent of the Commissioner, so that Section 92-3202 as amended shall read as follows: Code section 92-3202 amended. 92-3202. Corporation Returns.Every corporation subject to taxation under this law shall make a return, stating specifically the items of its gross income and the deductions and credits allowed by this law. The income of two or more corporations shall not be included in a single return except with the expressed consent of the Commissioner. The return shall be sworn to by the president, vice president, or other principal officer and by the treasurer or assistant treasurer. In cases where receivers, trustees in bank-ruptcy, or assignees are operating the property or business of corporations, such receivers, trustees, or assignees shall make returns for such corporations in the same manner and form as corporations are required to make returns. Any tax due on the basis of such returns made by receivers, trustees, or assignees shall be collected in the same manner as if collected from the corporations of whose business or property they have custody and control. Corporation returns. Section 10. That paragraph (a) of Section 92-3203 of said Code as so amended, be further amended by striking and eliminating wherever they occur the figure $1,000.00 and by substiuting in lieu thereof the figure $100.00, so that said Section 92-3203 as amended shall read as follows: Code section 92-3203 amended. 92-3203 (a) Fiduciary Returns.Every fiduciary subject to taxation under the provisions of this law shall make a return under oath for the individual, estate, or trust for whom or for which he acts, if the net income thereof amounts to $100.00 or over. Fiduciary returns. That paragraph (b) of Section 92-3203 of said Code as so amended, be further amended by inserting the following

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words at the end of said paragraph, to wit: except as to the exemptions contained in this Act, so that said paragraph (b) as so amended shall read as follows: (b) Fiduciaries required to make returns under this law shall be subject to all the provisions of this law which apply to individuals, except as to the exemptions contained in this Act. Section 11. Be it further enacted by the authority aforesaid, that should any provisions of this Act be held illegal or unconstitutional, the same shall not vitiate the remaining provisions of said Act but all such provisions not held illegal or unconstitutional shall remain in full force and effect. Section 12. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that this Act shall become effective as of January 1, 1941. Effective date of act. Section 13. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of same, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 18, 1941. INCOME TAXRESIDENT DEFINEDESTATE TAXES. No. 317. An Act To amend Title 92 (Public Revenue), division 1 (Sources of Revenue), Page IX (Income Taxes), of the Code of Georgia of 1933, as amended by the Act approved March 26, 1935, and by the act approved March 30, 1937, and by the Act approved December 29, 1937, by amending subsection (3) of subsection (i) of Section 92-3002 of said Code, defining resident; by amending Section 92-3401 which deals with Estate and Inheritance

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Taxes by adding thereto a new sub-paragraph to be known as Section 92-3401 (a), and to provide for the assessment and collection of a tax on all property in this State owned by a non-resident; the same to be determined as set forth in Section 92-3401 of the Code; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That title 92 (Public Revenue), division 1 (Sources of Revenue), part IX (Income Taxes), chapter 92-31, of the Code of Georgia of 1933, as amended by the Act approved March 26, 1935, and the Act approved March 30, 1937, and the Act approved December 29, 1937, be and the same is hereby amended by striking subsection (i) of section 92-3002 of said Code, and adding the following, the same to be known as Section 92-3002 (I), to-wit: Income-tax act amended. The word `resident' means every natural person who is in the State of Georgia for other than a temporary or transitory purpose and every natural person domiciled within this State on the last day of the taxable year. Every natural person who spends in the aggregate more than six months of the taxable year within the State, shall be presumed to be a resident. The presumption may be overcome by satisfactory evidence that such person is in the State for a temporary or transitory purpose, and not carrying on any trade of business or otherwise gainfully employed. Any natural person, who, on or before the last day of the taxable year, changes his domicile to some other State, shall be taxable as a resident to the date of removal as provided for in Section 92-3316 under this title. Any natural person who is or shall become a resident of this State shall continue to be a resident even though temporarily absent from the State, until he legally qualifies to become a resident of another State. Resident defined. Presumption, how overcome.

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That Section 92-3401 of the Code be amended by adding a new sub-paragraph to be known as Section 92-3401 (a) and to read as follows: Section 92-3401 (a). It shall be the duty of the legal representative of the Estate of any person who may die a non-resident of this State but who owns or controls property located within this State, and whose Estate is subject to the payment of a Federal Estate Tax, to file with the State Revenue Commissioner a duplicate of the return which he is required to make to the Federal Authorities and pay a tax thereon as determined by Section 92-3401 of this Code. The amount of the tax to be paid shall be in proportion to the amount of property located in this State as compared to the total amount of property located elsewhere. Estate taxes. 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 27, 1941. INTANGIBLES CLASSIFICATIONACT AMENDED. No. 194. An Act To amend the Intangibles Classification Tax Act appearing in Georgia Laws 1937-38, Extra Session, beginning on page 156, so as to provide, beginning January 1, 1942, and annually thereafter, for the classification of all loans held by brokers and representing credits extended in connection with the purchase or sale of stocks, bonds, or other securities of a like character, and to insert for that purpose a new sub-paragraph under Section 3 of that Act, to be known as Section (a-3), and to fix a rate of taxation thereon; to amend said Act so as to fix a rate of One Dollar ($1.00) upon each One

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Thousand Dollars ($1,000.00) of the fair market value of all stocks in foreign corporations and certain foreign domesticated corporations for the year 1942 and subsequent years, and for that purpose to add a new paragraph under Section 3 to be known as Section (A-4); to provide a separability clause and a repealing clause; 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 above entitled Act be and the same is hereby amended by inserting between subparagraph (aa) and sub-paragraph (b) in said Section 3 a new sub-paragraph to be designated as sub-paragraph (a-3) to read as follows: Intangibles classification act amended. (a-3). A property tax is hereby levied for the year 1942 and for each and every year thereafter at the rate of Fifty Cents (50c) upon each One Thousand Dollars ($1,000.00) of the fair market value of all loans held by any broker, and representing credits extended in connection with the purchase or sale of stocks, bonds or other securities of a like character held as collateral security for such loans, as of the first day of January, without deduction of any indebtedness or liability of the taxpayer. Property tax on loans and bonds. Section 2. Be it further enacted, That Section 3 of the above entitled Act be and the same is hereby amended by inserting immediately before sub-paragraph (b) in said Section 3 a new sub-paragraph to be designated as sub-paragraph (a-4) to read as follows: (a-4). A property tax is hereby levied for the year 1942 and annually thereafter at the rate of One Dollar ($1.00) upon each One Thousand Dollars ($1,000.00) of the fair market value of all stocks in foreign corporations and all stocks in foreign domesticated corporations, (except those hereinafter exempted from tax by this Section)

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as of the first day of January, without deduction of any indebtedness or liability of the taxpayer. All stocks in foreign corporations and all stocks in foreign domesticated corporations (except those hereinafter exempted from tax by this Section) shall be, and are hereby declared, taxable property, except shares of stock explicitly excluded under the terms of Section 2 of the above entitled Act. Provided that the stock of domesticated foreign corporations shall not be subject to the tax herein levied if such domesticated foreign corporations pay to the State of Georgia, or its political subdivisions, as now provided by law: Property tax on stocks. (1). A tax on all their intangible property, irrespective of the physical location of same. (2). An income tax on the proportionate part of their income earned in this State as determined under Section 92-3113 of the Income Tax Act. (3). A franchise tax on their entire capital stock as now provided by Section 92-2401, et sequens, of the Georgia Code of 1933, such domesticated foreign corporations which pay to the State of Georgia the above listed property, income and franchise taxes are hereby declared to be subject to the exemptions provided for domestic corporations in Section 7 of the Intangibles Tax Act (Georgia Laws, Extra Session, 1937-38, page 162). Franchise tax. Section 3. Be it further enacted, That each provision, phrase, clause or part of this Act is separately enacted and that should any provisions, phrase, clause or part of this Act be, for any reason, held invalid, it is hereby declared the intent and purpose of the Legislature that the remaining valid portions of this Act shall remain in full force and effect. Section 4. Intangible property heretofore classified for taxation under the provisions of Intangibles Classification

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Tax Act shall be taxed for the year 1941 at the original rates provided for in said Act, and the provisions of this amendment as to reclassification of property for taxation and of any changes in existing rates of taxation shall not become effective until January 1, 1942. Effective date. 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 18, 1941. ROLLING STORE MOTOR VEHICLES MAINTENANCE TAXACT AMENDED. No. 438. An Act To amend An Act to provide for the levy of a maintenance tax for State purposes on motor vehicles operated as a rolling store, etc. (Georgia Laws, Extra Session, 1937-38, pp. 180 et seq.), by amending the title of said Act so as to authorize and limit the levy of a license tax by county authorities; and by reducing the State tax levied 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 entitled An Act to provide for the levy of a maintenance tax for State purposes on motor vehicles operated as a rolling store, etc., approved February 16, 1938 (Georgia Laws, Extra Session 1937-38, pp. 180 et seq.), be and the same is hereby amended in the following respects, to-wit: Act of 1938 amended. That the caption and title of said Act be and the same is hereby amended by inserting after the semi-colon appearing after the word exemptions in line 20 of the caption of said Act, the following words: to authorize the Ordinary,

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the Commissioners of Roads and Revenues, or other county fiscal authorities having power to levy and assess taxes or license fees in the county, to levy and assess a limited license fee or tax on each rolling store operating within the county; so that the title and caption of said Act of the General Assembly, approved February 16, 1938 (Georgia Laws, Extra Session 1937-38, pp. 180 et seq.), when amended, will read as follows: Caption and title of act amended. An Act to provide for the levy of a maintenance tax for State purposes on motor vehicles operated as a rolling store; to define the terms `rolling store' and `motor vehicle' as used in this Act; to prescribe the amount of tax to be levied on each and every rolling store operated in this State; to provide that the tax levied by this Act shall be in addition to all other taxes levied under existing laws; to require the State Revenue Commission to collect the tax levied by this Act and upon payment thereof to issue permits to the persons making payment of such tax; to provide for the enforcement of this Act by the issuance of executions and for defense thereto; to provide that the operation of a rolling store in any county of the State without paying the tax shall be a misdemeanor and prescribe punishment therefor; to allocate and to appropriate the money arising from this tax to the Highway Department to be used for the purpose of constructing and maintaining the rural post roads under their jurisdiction; to provide for certain exemptions; to authorize the Ordinary, the Commissioners of Roads and Revenues, or other county fiscal authorities having power to levy and assess taxes or license fees in the county, to levy and assess a limited license fee or tax on each rolling store operating within the county; to repeal all conflicting laws; and for other purposes. Section 2. That Section 1 of said Act relating to the levying of taxes on rolling stores be and the same is hereby

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stricken in its entirety and a new Section 1 substituted in lieu thereof, to read as follows, to-wit: That in order to construct and maintain the rural post roads of this State, and to require those using said roads for the conduct of business to pay a portion of the cost of maintaining the same, there is hereby levied upon each motor vehicle used as a rolling store as hereinafter defined, from or at which goods, wares, merchandise or commodities of any kind or description are sold or offered for sale at retail, an annual license on the following basis: One-half ton manufacturers rated capacity truck or passenger carrying vehicle not exceeding five passenger capacity, twelve dollars and fifty cents ($12.50) per year or any fraction thereof. More than one-half ton manufacturers rated capacity truck and not exceeding one and one-half (1) ton manufacturers rated capacity truck twenty-five ($25.00) dollars per year or any fraction thereof. In excess of one and one-half (1) ton manufacturers rated capacity truck one hundred ($100.00) dollars or any fraction thereof. Rolling store tax. Section 3. There is expressly excluded from the provisions of this Act vehicles used exclusively for the sale or delivery of ice, coal, dairy products, including cheese and ice cream, soft drinks, malt beverages, furniture, house furnishing, petroleum and its products, tobacco and its products, farm products (farm products being sold by the producer himself), bread or other bakery products, nuts, potato chips, sandwiches, and meats derived from animal products. Exclusion of certain vehicles from this act. Section 4. All laws or parts of laws in conflict with this act are hereby repealed. Approved March 27, 1941.

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UNEMPLOYMENT COMPENSATION TAX EXEMPTIONS. No. 328. An Act To ratify, approve and confirm an Executive Order and Proclamation issued by the Governor on April 5, 1940, suspending the collection of certain taxes due the Bureau of Unemployment Compensation of the Department of Labor under the Georgia Unemployment Compensation Law from certain employers who fall within the groups exempt by the amendments to the Federal Social Security Act approved in August, 1939. 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 Executive Order and Proclamation was issued by the Governor of this State on April 5, 1940, suspending the collection of taxes due the Bureau of Unemployment Compensation of the Department of Labor under the Georgia Unemployment Compensation Law from certain employers who fall within the groups exempt by the amendments to the Federal Social Security Act approved in August, 1939. Suspension of tax as to certain groups. Section 2. That the Executive Order and Proclamation issued by the Governor applies to employers who fall within the following groups and upon such items as are specifically enumerated herein, namely: That part of the remuneration which, after remuneration equal to $3000.00 has been paid to an individual by an employer with respect to employment during any calendar year, is paid to such individual by such employer with respect to employment during such calendar year; The amount of any payment made to, or on behalf of, an employee under a plan or system established by an employer which makes provisions for his employees generally or for a class or

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classes of his employees (including any amount paid by an employer for insurance or annuities, or into a fund, to provide for any such payment), on account of (A) retirement, or (B) sickness or accident disability, or (C) medical and hospitalization expenses in connection with sickness or accident disability, or (D) death, provided the employee (i) has not the option to receive, instead of provision for such death benefit, any part of such payment or, if such death benefit is insured, any part of the premiums (or contributions to premiums) paid by his employer and (ii) has not the right, under the provisions of the plan or system or policy of insurance providing for such death benefit, to assign such benefit, or to receive a cash consideration in lieu of such benefit either upon his withdrawal from the plan or system providing for such benefit or upon termination of such plan or system or policy of insurance or of his employment with such employer. The payment by an employer (without deduction from the remuneration of the employee) (A) of the tax imposed upon an employee under Section 1400 of the Internal Revenue Code as amended or (B) of any payment required from an employee under a State unemployment compensation law; or Dismissal payments which the employer is not legally required to make. There shall be exempt from contributions under the law employment in the following employments in addition to those exempt under the present law: Groups named. Additional exemptions named. Casual labor not in the course of the employer's trade or business; Service performed in any calendar quarter in the employ of any organization exempt from income tax under section 101, if (i) the remuneration for such service does not exceed $45, or (ii) such service is in connection with the collection of

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dues or premiums for a fraternal beneficiary society, order, or association, and is performed away from the home office, or is ritualistic service in connection with any such society, order or association, or (iii) such service is performed by a student who is enrolled and is regularly attending classes at a school, college, or university: Service performed in the employ of an agricultural or horticultural organization exempt from income tax under section 101 (1); Service performed by an individual for a person as an insurance agent or as an insurance solicitor, if all such service performed by such individual for such person is performed for remuneration solely by way of commission. Service performed in the employ of a voluntary employees' beneficiary association providing for the payment of life, sick, accident, or other benefits to the members of such association or their dependents, if (i) no part of its net earnings inures (other than through such payments) to the benefit of any private shareholder or individual, and (ii) 85 per centum or more of the income consists of amounts collected from members for the sole purpose of making such payments and meeting expenses; Service performed in the employ of a voluntary employee's beneficiary association providing for the payment of life, sick, accident, or other benefits to the members of such association or their dependents or their designated beneficiaries, if (i) admission to membership in such association is limited to individuals who are officers or employees of the United States Government, and (ii) no part of the net earnings of such association inures (other than through such payments) to the benefit of any private shareholder or individual;

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Service performed in any calendar quarter in the employ of a school, college, or university, not exempt from income tax under section 101, if such service is performed by a student who is enrolled and is regularly attending classes at such school, college, or university, and the remuneration for such service does not exceed $45 (exclusive of room, board, and tuition); Service performed as a student nurse in the employ of a hospital or a nurses' training school by an individual who is enrolled and is regularly attending classes in a nurses' training school chartered or approved pursuant to State law; and service performed as an interne in the employ of a hospital by an individual who has completed a four years' course in a medical school chartered or approved pursuant to State law; Service performed by an individual under the age of eighteen in the delivery or distribution of newspapers or shopping news, not including delivery or distribution to any point for subsequent delivery or distribution. Agricultural Labor.The term agricultural labor includes all services performed Agricultural labor shall include. (1) on a farm, in the employ of any person, in connection with cultivating the soil, or in connection with raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training, and management of livestock, bees, poultry, and fur-bearing animals and wildlife. (2) In the employ of the owner or tenant or other operator of a farm, in connection with the operation, management, conservation, improvement, or maintenance of such farm and its tools and equipment, or in salvaging timber or clearing land of brush and other debris left by a hurricane, if the major part of such service is performed on a farm. (3) In connection with the production or harvesting of

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maple sirup or maple sugar or any commodity defined as an agricultural commodity in section 15 (g) of the Agricultural Marketing Act, as amended, or in connection with the raising or harvesting of mushrooms, or in connection with the hatching of poultry, or in connection with the ginning of cotton, or in connection with the operation or maintenance of ditches, canals, reservoirs, or waterways used exclusively for supplying and storing water for farming purposes. (4) In handling, planting, drying, packing, packaging, processing, freezing, grading, storing, or delivering to storaee or to market or to a carrier for transportation to market, any agricultural or horticultural commodity; but only if such service is performed as an incident to ordinary farming operations, or, in the case of fruits and vegetables, as an incident to the preparation of such fruits or vegetables for market. The provisions of this paragraph shall not be deemed to be applicable with respect to service performed in connection with commercial canning or commercial freezing or in connection with any agricultural or horiticultural commodity after its delivery to a terminal market for distribution for consumption. As used in this subsection, the term farm includes stock, dairy, poultry, fruit, fur-bearing animals, and truck farms, plantations, ranches, nurseries, ranges, greenhouses or other similar structures used primarily for the raising of agricultural or horticultural commodities, and orchards. The suspension of taxes provided for herein is hereby expressly made subject to and conditioned upon: (1) The employers covered hereby continuing to make and file full and complete reports of wages payable to all employees, including wages and taxes suspended hereunder, as now required by law, notwithstanding this order, and as may be hereafter prescribed by regulations of the Bureau. Conditions. (2) The payment of all claims for benefits to employees

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otherwise eligible and qualified notwithstanding the provisions of this order; that is to say, this order shall not be construed to suspend or delay the payment of benefits to unemployed claimants formerly in the employment of employers affected by this order. Section 3. That the Executive Order and Proclamation of the Governor in suspending the collection of the aforementioned taxes as set forth in said Order and Proclamation is hereby ratified, approved and confirmed. Proclamation ratified. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1941. WINESLICENSE AND TAX. An Act To amend an Act entitled `An Act to promote temperance and prosperity for Georgia people; to foster and encourage the growing of grapes, fruits and berries on Georgia farms; to legalize the making of light domestic wines; to exempt from all taxation wine made from crops of grapes, fruits, and berries, whether wild or cultivated, by producers in Georgia of such crops, and to provide for the holding of an election to ratify or reject this Act; and for other purposes,' approved March 23, 1935 (Georgia Laws 1935, pages 492-494) as amended by Act approved February 16, 1938, extra session Laws of Georgia 1937-8, pages 185-188, by providing for the licensing of retail dealers and by providing for a license tax on retail dealers by county and municipal authorities; to change the rate of taxation; to authorize the revocation and declination of licenses; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 4 of the Act entitled An Act to promote

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temperance and prosperity for Georgia people; to foster and encourage the growing of grapes, fruits and berries on Georgia farms; to legalize the making of light domestic wines; to exempt from all taxation wine made from crops of grapes, fruits, and berries, whether wild or cultivated, by producers in Georgia of such crops, and to provide for the holding of an election to ratify or reject this Act; and for other purposes, approved March 23, 1935 (Georgia Laws 1935, pages 492-494) be and the same is hereby amended by repealing and striking from the said Act the entire Section 4 thereof and by substituting in lieu thereof a new Section 4 to read as follows: Act of 1935 amended. Section 4. Be it further enacted that when any retail business, that is the business of retailing wine, allowed under the provisions of this Act, is proposed to be carried on within the corporate limits of a municipality, the person, firm or corporation desiring to engage in the business of retailing wine shall be required to pay to the proper authority designated by the governing body of such municipality such license fee as may be fixed by the said governing body, which license shall apply to and be required for each place of retail distribution in said municipality. It is further provided that when any of said businesses retailing said wines are licensed by municipal authority, no county license fee shall be required in addition thereto. When any business of retailing wine is located outside a municipality, the governing authority of the county in which the said business of retailing wine is located, is authorized to fix an annual license fee upon the said business of retailing wine and the governing authorities of any municipality or county may upon proper cause and hearing revoke any license for the retail sale of wine or the governing authorities of any municipality or county may refuse to grant such license upon proper cause. License fees. Section 2. Section 1 of the Act approved February 16,

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1938, extra session Laws of Georgia 1937-38, pages 185-188, providing for the levy and collection of taxes on all wines manufactured, sold, possessed, or offered for sale within the State of Georgia, is hereby repealed and a new Section is inserted in lieu thereof to read as follows: Act of 1938 amended. That from and after the passage of this Act, the following taxes shall be levied and collected on all wines manufactured, sold, possessed, or offered for sale within the State of Georgia: (a) On domestic wines having an alcoholic strength of not more than 14% alcohol by volume5 cents per gallon. Domestic wines are hereby defined and declared to be those wines manufactured wholly within this State from fruits and berries grown only within the State of Georgia and produced by natural fermentation. Taxes on wines. (b) On foreign wines having an alcoholic strength of not more than 14% alcohol by volume50 cents per gallon. Foreign wines are hereby defined and declared to be wines which are imported in whole or in part in the State of Georgia, or manufactured in the State of Georgia from products imported in whole or in part from without the State of Georgia and produced by natural fermentation. (c) On foreign and domestic wines whether fortified or not having an alcoholic strength of more than 14% alcohol by volume$1.00 per gallon. Section 3. All laws or parts of laws relating directly or indirectly to wine and the levy and collection of tax thereon which are manufactured, sold, possessed, or offered for sale within this State be and the same are hereby expressly repealed. Approved March 27, 1941.

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TITLE IV. GOVERNMENT DEPARTMENTS. ACTS. Aeronautics Board CreatedHighway Board Authorized to Construct Airports. Commissioner of AgricultureVeterinarian's Duties Transferred. Comptroller-GeneralCompensation. Department of LaborCommissioner's Term Increased. Hospital Authorities Created. Hospital Authority Created. Housing Authority Board Created. Milk Control BoardAct Amended. Park Authority Created. Prison and Parole CommissionAct Amended. Public Safety DepartmentAct Amended. Public Safety DepartmentFamily Drivers License. Public Service CommissionJurisdiction Enlarged. Radio CommissionAct Repealed. Secretary of StateCompensation. Senate Confirmation of AppointeesAct Repealed. State Highway Board Created. State Prison FarmAuthority to Lease. State Superintendent of Farms CreatedBoard of Penal Corrections Abolished. State TreasurerCompensation. Treasurer and Comptroller GeneralSuspension. AERONAUTICS BOARD CREATEDHIGHWAY BOARD AUTHORIZED TO CONSTRUCT AIRPORTS. No. 393. An Act To authorize the State Highway Board to construct and maintain airports, landing fields and other air navigation facilities, and to use the right of eminent domain in connection therewith; to provide for an Aeronautic Advisory Board, and to prescribe the duties of such Board; and for other purposes.

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Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. From and after the passage of this Act, the State Highway Board is hereby authorized and empowered to construct and maintain airports, landing fields and air navigation facilities, and to contract with the counties and municipalities of the State for the construction and maintenance of such airports, landing fields and air navigation facilities upon such terms and conditions as the said Board may determine. Highway Board authorized to maintain airports. Section 2. The State Highway Board is hereby given the right of eminent domain to acquire sites for such airports, landing fields and air navigation facilities. Eminent domain. Section 3. The Governor is hereby authorized to appoint an Aeronautic Advisory Board of five members, all of whom shall serve without any compensation or remuneration from the State whatsoever. Such Board shall advise with the said State Highway Board from time to time, in the interest of improving the aviation facilities of the State. The Board shall elect a chairman, a vice-chairman, and a secretary. The members of the Board shall, so far as practical, be licensed pilots. Governor to appoint aeronautic advisory board. Section 4. Be it further enacted by the General Assembly of Georgia that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 27, 1941. COMMISSIONER OF AGRICULTUREVETERINARIAN'S DUTIES TRANSFERRED. No. 82. An Act to authorize the Commissioner of Agriculture to exercise the powers and duties now imposed by law upon the State Veterinarian; to authorize the Commissioner

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of Agriculture to employ veterinarians and assistants, prescribe their powers and duties and fix their salaries; to repeal conflicting laws; and for other purposes. Be it and it is hereby enacted by the General Assembly of Georgia: Section 1. That the authority, powers and duties of the State Veterinarian are hereby transferred to the Commissioner of Agriculture, who is hereby charged with all the duties of the State Veterinarian as are now or may hereafter be prescribed by law. Duties of state veterinarian transferred to commissioner of agriculture. Section 2. The Commissioner of Agriculture is hereby empowered to employ a licensed veterinarian, with not less than five years practical experience in the general practice of his profession, as Chief Veterinarian, to assist him in carrying on the work of the office of State Veterinarian. The Commissioner of Agriculture shall have the authority to fix the salary of said Chief Veterinarian at not more than thirty-six hundred ($3600) dollars per annum, and to provide for the payment of any traveling expenses out of any funds available for said purpose. The Chief Veterinarian shall hold his office for the same term as the Commissioner of Agriculture, unless sooner removed at the pleasure of said Commissioner. Commissioner's authority. Section 3. The Commissioner of Agriculture may employ such other assistants as may be needed in carrying out the duties imposed by this act upon him, and fix their salary. They shall serve at the pleasure and direction of the Commissioner. Assistants. Section 4. The Commissioner of Agriculture shall have the power to prescribe the powers, duties and functions of the Chief Veterinarian and his assistants. Duties. Section 5. All laws or parts of laws in conflict with this act are hereby repealed. Approved February 24, 1941.

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COMPTROLLER GENERALCOMPENSATION. No. 18. An Act to fix the salary of the Comptroller General; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That from and after the approval of this Act, the Comptroller General shall receive an annual salary of $5,000, payable as now provided by law, and shall not be otherwise compensated for services rendered the State, whether the same be rendered in an official, unofficial, or ex officio capacity, or for services rendered in any position which he may hold by virtue of his office as Comptroller General. Salary of comptroller general. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved February 6, 1941. DEPARTMENT OF LABORCOMMISSIONER'S TERM INCREASED. No. 271. An Act To amend an Act entitled An Act to provide for the establishment of a Department of Labor, approved March 25, 1937 (Georgia Laws 1937, pages 230 et seq.) by increasing the term of office of the Commissioner of Labor from two years to four years; by providing that this change shall become effective after the incumbent's present term of office has expired. Be it enacted by the General Assembly of Georgia: Section 1. The Act of the General Assembly entitled An Act to provide for the establishment of a Department of

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Labor, etc. approved March 25, 1937 (Georgia Laws 1937, pages 230 et seq.) be and the same is hereby amended by providing as follows: Act of 1937 amended. The term of office of the Commissioner of Labor of the State of Georgia be and the same is hereby increased from two years to four years. The present term of the incumbent Commissioner of Labor shall not be affected by this change, but the same shall take effect after his present term of office has expired. Term of four years. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 27, 1941. HOSPITAL AUTHORITIES CREATED. No. 336. An Act to create public bodies corporate and politic to be known as Hospital Authorities; to define and provide for the exercise of the duties and powers of such Authorities; to authorize the construction by such Authorities of hospitals, sanitariums, clinics, and other public buildings in connection with hospital projects and utilities in connection with or incident to hospital projects and facilities; to provide for the issuance, sale and redemption of revenue anticipation certificates; to provide funds for such construction; to provide that such obligations shall not constitute obligations of any county or municipal corporation; to authorize counties and municipal corporations to levy taxes; to provide medical or other care and hospitalization for the indigent sick of such subdivisions, and to contract therefor with such hospital Authority; to authorize counties and municipal corporations to convey to such Authorities existing hospital facilities; to provide that the properties held by such Hospital

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Authorities and securities issued by such authorities shall be exempt from taxation and shall constitute legal investments for trustees; to provide for the exercise of the right of eminent domain by such Authorities; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. This Act may be referred to as the Hospital Authorities Law. Hospital authorities law. Section 2. The following terms, whenever used and referred to in this Act, shall have the following respective meanings unless a different meaning clearly appears from the context: (a) Authority or Hospital Authority shall mean any public corporation created by Section 4 of this Act. (b) Governing Body shall mean the elected or duly appointed officials constituting the governing body of cities, towns, municipalities or counties. (c) Area of Operations shall mean the area within the cities, towns or municipalities creating Authorities. (d) The word Project shall include hospitals, sanitoriums, dormitories, clinics and housing accommodations or other public buildings for the use of patients and officers and employees of any institution under the supervision and control of any Hospital Authority and all utilities and facilities deemed by the Authority necessary or convenient for the efficient operation thereof. (e) Participating Units or Participating Subdivisions shall mean cities, towns, or municipalities or counties acting together for the creation of an Authority. Resolution shall mean the resolution or ordinance to be adopted by governing bodies pursuant to which authorities are established. Definitions. Section 3. There is hereby created in and for each county and municipal corporation of the State a public body corporate and politic to be known as The Hospital Authority of such county or municipal corporation, which

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shall consist of a board of not less than five nor more than nine trustees, to be appointed by a governing body of such county or municipal corporation for such term as may be authorized by the resolution hereinafter provided for. No such authority shall transact any business or exercise any powers hereunder until the governing body of the county or municipal corporation shall, by proper resolution, declare that there is need for an Authority to function in such county or municipal corporation. Any two or more cities or counties, towns or municipalities, by a like resolution by their respective governing bodies, may authorize the exercise of the powers herein provided for by an authority with respect to which the area of operation shall be confined to such participating units. Hospital authority created. Section 4. The trustees shall be residents of the participating units comprising the authority, but their successors shall be appointed as provided for by such resolution. The trustees shall elect one of their members as chairman and another as vice-chairman and shall also elect a secretary and treasurer, who need not be a trustee. The trustees shall receive no compensation for their services, but shall be reimbursed for their actual expenses incurred in the performance of their duties. The Authority shall make rules and regulations for its government and may delegate to one or more of its members or its officers, agents and employees such powers and duties as may be deemed necessary and proper. Such authority shall have perpetual existence as hereinafter provided. Organization. Section 5. Every Authority shall be deemed to exercise public and essential governmental functions and shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Act, including, but without limiting the generality of the foregoing, the power: To sue and be sued; to have a seal and alter the same; to make and execute contracts and other instruments necessary to exercise the powers of the Authority; to acquire,

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lease and operate hospital projects and to provide construction, reconstruction, improvement, alteration and repair of any such project and to lease and rent for any number of years any lands, buildings, structures or facilities in any existing or hereafter established hospital project and to establish rates and charges for the use of the services of the Authority; accept gifts, grants or devises of any property; to acquire by the exercise of the right of eminent domain any property essential to the purposes of the Authority; to sell, lease, exchange, transfer, assign, pledge, mortgage or dispose of any real or personal property or interest therein; to mortgage, pledge, assign any revenues, incomes, tolls, charges or fees received by the Authority; to issue certificates of indebtedness for the purpose of providing funds for carrying out the duties of the Authority, provided such certificates shall not extend beyond a period of thirty years from the date of issuance thereof and provided further that such certificates shall be repayable from the revenues realized from the project or any part thereof; borrow money for any corporate purposes; to appoint officers, agents and employees; to make use of any facilities afforded by the Federal Government or any agency or instrumentality thereof; and to exercise any and all powers now or hereafter possessed by private corporations performing similar functions. Governmental functions. Powers of boards. Section 6. No Authority shall operate or construct any project for profit, and shall fix rates and charges consistent with this declaration of policy and such as will produce revenues only in amounts sufficient together with all other funds of the Authority to pay principal and interest on certificates and obligations of the Authority; to provide for maintenance and operation of the project and to create and maintain a reserve sufficient to meet principal and interest payments due on any certificates in any one year after the issuance thereof and to provide reasonable reserves for the expansion of the facilities or services of the Authority. Eleemosynary.

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Section 7. Every Authority is hereby authorized to provide by resolution for the issuance and sale of negotiable revenue anticipation certificates, for the purpose of paying all or any part of the cost of the acquisition, construction, alteration, repair, modernization and other charges incident thereto in connection with any facilities or project as herein defined, and shall likewise have power to issue refunding certificates. Such Authorities may issue such types of certificates as may be determined by the board of trustees of such Authority, including certificates on which principal and interest are payable: (a) exclusively from incomes or revenues of the operation of the Authority financed with the proceeds of such certificates or together with such proceeds and grants from the Federal Government or any instrumentality or other person or corporation in aid of such projects; (b) exclusively from income and revenues of certain designated projects; or (c) from revenues of the Authority generally. Any such certificates may be additionally secured by the hypothecation of any revenues received from participating units or subdivisions and by mortgage of the project or any part thereof constituting real or personal property of the Authority, except as prohibited by law. Revenue anticipation certificates. Hypothecation. Neither the trustees of an Authority nor any person executing certificates on behalf of an Authority shall be personally liable thereon by reason of the issuance thereof. The certificates and other obligations of an Authority shall not be, and shall so state on the face thereof, a debt of the city, the county, the State of Georgia or any political sub-division thereof nor of any combination of sub-divisions acting jointly as hereunder provided. Certificates of an Authority are declared to be issued for an essential public and governmental purpose and, together with interest thereon and income therefrom, shall be exempt from all taxes. No personal liability. Not debt. Section 8. Certificates of an Authority shall be authorized by its resolution and may be issued in one or more series and shall bear such date or dates, mature at such

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time or times, bear interest at such rate or rates, not exceeding four per centum (4%) per annum, be in such denomination or denominations, be in such form, either coupon or registered, carry such conversion or registration priviledges, have such rank or priority, be executed in such manner, be payable in such medium of payment, at such place or places, and be subject to such terms of redemption (with or without premium) as such resolution, its trust indenture or mortgage may provide, and in case any of the trustees or officers of the Authority whose signatures appear on any certificates or coupons shall cease to be such trustees or officers before the delivery of such certificates, such signatures shall nevertheless be valid and sufficient for all purposes. Maturity and interest. Execution. Section 9. Obligations of an Authority evidenced by certificates and trust indentures and mortgages executed in connection therewith may contain such provisions not inconsistent with law as shall be determined by the board of trustees of the Authority and the Authority may in such instruments provide for the pledging of all or any part of its gross or net fees, tolls, charges, revenues and incomes and mortgaging of all or any part of its real or personal property and covenant against pledging any or all of its income, revenues, tolls, charges or fees and to further provide for the disposition of proceeds realized from the sale of any certificates and for the replacement of lost, destroyed or mutilated certificates and necessary provisions as to payment and redemption of such certificates. Undertakings of an Authority may likewise prescribe the procedure by which certificate holders may enforce rights against the Authority and provide for such rights upon breach of any covenant, condition or obligation of the Authority. Trust indentures, mortgages or deeds to secure debt executed by an Authority may provide that, in the event of default by the Authority in the payment of principal and interest on certificates or obligations or breach of any covenant, a trustee or trustees

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appointed under the terms of the indenture, mortgage or deed to secure debt, which shall be a bank or trust company authorized to exercise trust powers, may take possession and use, operate and manage any project mortgaged as security for the repayment of any indebtedness of the Authority and provide the terms and conditions upon which the trustee or trustee or holders of certificates may enforce any right relating to such certificates. Such trust indentures, mortgages and deeds to secure debt may contain such provisions as may be deemed necessary or desirable by the Authority not inconsistent with law. Pledges. Procedure prescribed. Default, trustee. Section 10. An Authority shall have no power to tax, but upon the adoption of the resolution by the governing body or bodies or participating units or subdivisions as herein provided and the execution of a contract for the use of facilities or services of the Authority by political subdivisions or participating units as hereinafter authorized, provision shall be made annually by such participating units or political subdivisions contracting with an Authority for the payment for the services or facilities of the Authority used by the participating units or subdivisions or the residents thereof out of general funds of the participating unit or subdivision or out of tax revenues realize for the purpose of providing medical care or hospitalization for the indigent sick and poor. For the purpose of providing such tax revenues there is hereby authorized to be levied an ad valorem tax not exceeding five mills exclusive of all other taxes which may be levied by counties or by cities or towns which have executed contracts with hospital authorities, from which revenues when realized there shall be appropriated annually sums sufficient to pay for the cost of the use of the services and facilities of Authorities by participating subdivisions or the residents thereof pursuant to the contract between such participating units and subdivisions and an Authority. For the purpose of using such facilities any city, town, municipality or county is hereby authorized by action of its governing

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body to enter into contracts with an Authority for such periods of time not exceeding thirty years as shall be necessary to provide for the continued maintenance and use of the facilities of an Authority; sums due and payable under such contract shall be determined from year to year during the period of such contract and no sums shall be paid for the services in excess of the amounts necessary to provide for the maintenance and operation of projects of Authorities and such sums as shall be necessary to provide adequate and necessary facilities for medical care and hospitalization of the indigent sick and poor, including reasonable reserves necessary for expansion and necessary for the payment of the cost of facilities of the project; the contracts herein authorized to be entered into between cities, towns, municipalities or counties or any combination thereof with Authorities may provide for the conveyance or lease of any existing hospital facilities or projects as herein defined to an Authority created by any such cities, towns, municipalities or counties for a nominal consideration only, provided that such conveyance shall contain a clause providing that upon dissolution of the Authority and providing further shall revert to the city, town, municipality or county conveying the same to the Authority and providing further that no property so conveyed may be mortgaged or in any way given as security for an indebtedness of the Authority; this limitatiaon, however, is not to be construed as limiting the right of the Authority to pledge or hypothecate revenues which may be realized by the Authority from the operation of any property so conveyed to the Authority. Any property conveyed or leased to an Authority by cities, towns, municipalities or counties shall be operated by the Authority to which the same is conveyed together with other facilities of the Authority in accordance with and under the provisions of this Act and the resolution of the governing body or bodies of participating units. Should an Authority, acquire by purchase existing hospital facilities of political subdivisions and pay the reasonable value therefor, nothing in

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This Act shall be construed to prevent the hypothecation or mortgaging of such facilities as security for the repayment of any indebtedness which may be legally incurred by such Authority. No power to tax. May be levied by counties and towns. Contracts with cities and counties. Section 11. Obligations of Authorities other than certificates shall be payable from general funds of an Authority and shall at no time be a charge against any special fund allocated to the payment of certificates except upon payment of current annual maturities and reserves hereinbefore required to be created. Such obligations, except certificates, shall be payable each year. General obligations. Section 12. Certificates of an Authority shall be confirmed and validated in accordance with the procedure of the Revenues Certificate Law of 1937, as amended, and when validated the judgment of valication shall be final and conclusive with respect to such certificates and against the Authority issuing the same. Validation. Section 13. By joint action of the board of trustees of an Authority and the governing bodies of participating units, Authorities created under and pursuant to the terms of this Act may be dissolved, provided no such dissolution shall in any way impair the rights of third persons or the contracts of the Authority with such third persons. Disposition to be made of the property of the Authority upon dissolution shall be covered in any resolution adopted by participating units and the board of trustees of the Authority. At no time, however, shall any Authority upon dissolution convey any of its property except as may be otherwise authorized by law to any private person, individual, association or corporation. Dissolution. Section 14. The board of trustees of each Authority created hereunder shall file an annual report on forms prescribed by the State Auditor with the governing body or bodies of political subdivisions or participating units of the activities of the Authority for the years and shall annually

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consider and adopt as a part of such report a budget, which budget shall be filed with the annual report. The board of trustees may hold a public hearing on the budget and representatives of any governing body within the area of operation of the Authority or any other person having an interest in such budget shall be admitted to such hearing with the right to be heard with respect to any matter covered by the report of the board of trustees or by the budget. Reports. Section 15. In the event any clause, sentence or part of this Act be declared unconstitutional, only that part so declared shall be affected and the remainder of said Act shall continue in full force and effect. Constitutionality. Section 16. This Act being necessary for the welfare of the citizens of the State shall be liberally construed to effect the purposes hereof and insofar as the provisions of this Act may be inconsistent with the provisions of any other law, whether by charter of any political subdivision of the State or otherwise, this Act shall be controlling. Construction. Section 17. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1941. HOSPITAL AUTHORITY CREATED. No. 15. An act to create the State Hospital Authority; to provide for transferring to the State Hospital Authority so created all of the powers, duties and liabilities vested in and imposed upon the State Hospital Authority by the Act approved February 1, 1939, known as the State Hospital Authority Act; to provide for members on the State Hospital Authority; to define the duties of the members thereof; to abolish the State Hospital Authority

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created under the Act approved February 1, 1939; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. 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 the Governor of Georgia, the State Auditor, and the Attorney General. The Authority shall elect one of its members as Chairman and another as Vice-Chairman and another as Secretary and Treasurer. Two members of the Authority shall constitute a quorum. No vacancy on the Authority shall impair the right of the 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. It shall have perpetual existence. State hospital authority created. Section 2. The State Hospital Authority created by this Act shall immediately upon the passage and approval of this Act without interruption succeed to and be vested with all of the powers, duties, obligations, and liabilities vested in or imposed upon the State Hospital Authority created under the terms of the Act approved February 1, 1939, entitled An Act creating the State Hospital Authority; authorizing the Authority to construct, operate and maintain self-liquidating projects embracing hospitals, sanitoriums, dormitories and housing accomodations and utilities and other facilities in connection therewith, at institutions under the control or supervision of the State Board of

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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 of 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. Thereupon, the State Hospital Authority created by said Act of February 1, 1939, shall cease to exist and the terms of office of its members shall terminate. Supercedes act of 1939. Section 3. Nothing contained in this Act shall be construed to impair the obligation of revenue certificates heretofore issued pursuant to said Act of February 1, 1939, but the same shall remain of full force and effect as fully as if executed by the State Hospital Authority herein created. Does not change revenue certificates. Section 4. The accounts of the State Hospital Authority herein created shall be kept by the Department of Audits of the State and such legal services as may be required shall be rendered by the Attorney General or an Assistant Attorney General designated by the Governor for that purpose. Accounts to be kept. Section 5. It is the purpose of this Act to create a State Hospital Authority composed of State officers which shall

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thereby have perpetual existence without the necessity of periodic appointments of members of the State Hospital Authority and to transfer to the State Hospital Authority so created the powers, duties, functions, obligations and liabilities of the State Hospital Authority created under said Act of February 1, 1939. Purposes. Section 6. All of the property held or owned by the State Hospital Authority created by said Act of February 1, 1939, is hereby transferred to the State Hospital Authority created by this Act subject to the provisions of said Act of February 1, 1939; it being the intention of this Act that the State Hospital Authority hereby created shall hold said property subject to all of the provisions of said Act of February 1, 1939. Property transferred. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 6, 1941. HOUSING AUTHORITY BOARD CREATED. No. 14. An Act to create a State Housing Authority Board; to provide for membership thereon; to transfer to such State Housing Authority Board the powers, duties, functions, obligations and liabilities imposed upon the State Housing Authority Board by the Act approved March 30, 1937, known as the Housing Authorities Law, the Act approved March 31, 1937, known as the Housing Cooperation Law, and the Act approved March 23, 1939, amending the Act known as the Housing Cooperation Law, and other provisions of law; to abolish the State Housing Authority Board created under said Acts; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created a State Housing Authority Board, consisting of the Governor, the Secretary of State, the State School Superintendent, the Chairman of the Board of Regents of the University System of Georgia; and the Chairman of the State Planning Board. In the event there should be no Chairman of the State Planning Board, the State Auditor shall be a member of said State Housing Authority Board in lieu of the Chairman of the State Planning Board. State Housing Authority Board created. Section 2. Immediately upon the passage and approval of this Act, all of the powers, duties, functions, liabilities and obligations vested in and imposed upon the State Housing Authority Board by the 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, and by the Act approved March 31, 1937, entitled, To authorize cities, towns, counties, and other public bodies to aid housing projects of housing authorities or of the United States of America, by furnishing parks, playgrounds, streets, and other improvements and facilities, by exercising certain other powers and by making agreements relating to such

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aid; to authorize cities, towns, counties and other political sub-divisions to contract with respect to the sums to be paid them for improvements, services, and facilities to be provided for the benefit of housing projects and the occupants thereof; to require certain cities and counties to make an appropriation for the first year's administrative expenses of housing authorities; and to authorize certain cities, towns and counties to pay moneys to housing authorities; to establish a State Housing Authority Board and to define its authority, and by the Act approved March 23, 1939, entitled, 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 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, or otherwise by law, shall be transferred to and thereupon vest in and be imposed upon the State Housing Authority Board created by this Act, which shall succeed thereto without interruption, provided that nothing contained in this Act shall be construed to impair the validity of any housing project or other undertaking heretofore entered upon under or by virtue of said Acts. Duties of act of 1937 transferred to present act. Section 3. The State Housing Authority Board created by said Act of March 30, 1937, and said Act of March 31, 1937, as amended, is hereby abolished. Act of 1937 abolished. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 6, 1941.

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MILK CONTROL BOARDACT AMENDED. No. 279. An Act To amend an Act approved March 30, 1937 (Ga. Laws 1937, pages 247-264) 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 a Milk Control Board, provide for the appointment of its members, prescribe its duties, and define its powers; to provide for the appointment of a Director of Milk Control, prescribe his duties, and define his powers; to create a Milk Control Fund, and provide for its expenditure in the enforcement of this Act; to authorize such Board to fix prices of milk; to define consumers and to provide for them an adequate supply of wholesome milk; to define producers, producer-distributors, distributors, and milk stores, and provide for their licensing and the revocation of such licenses; to fix fees payable by licensees hereunder; to provide penalties for violation of this Act; to provide how and in which localities this Act shall be effective; and for other purposes, and all Acts amendatory thereof so as to extend the period of said Act to January 1, 1946; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act approved March 30, 1937 (Ga. Laws 1937, pages 247-264) 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 a Milk Control Board, provide for the appointment of its members, prescribe its duties, and define its powers; to provide for the appointment of a Director of Milk Control, prescribe his duties, and define his powers; to create a Milk Control Fund, and provide for its expenditure in the enforcement of this Act; to

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authorize such Board to fix prices of milk; to define consumers and to provide for them an adequate supply of wholesome milk; to define producers, producer-distributors, distributors, and milk stores, and provide for their licensing and the revocation of such licenses; to fix fees payable by licensees hereunder; to provide penalties for violation of this Act; to provide how and in which localities this Act shall be effective; and for other purposes and all Acts amendatory thereof be and the same is hereby amended by striking from Section 24 (page 264) of said Act the date August 15, 1941 and inserting in lieu thereof the date January 1, 1946, so that, when so amended said Act shall remain effective until January 1, 1946, and so that Section 24 thereof shall read as follows: Act of 1937 amended. Section 24. Termination of Act. The provisions of this Act shall apply during the emergency period as defined by this section. Emergency Period means the period between the time this Act takes effect and January 1, 1946. Any action or proceeding pending on that date and any right of action or cause or prosecution then accrued or existent arising out of this Act or any violation of it may be prosecuted to final determination, and for such purposes the provisions of this Act shall be deemed to be in full force and effect. Termination of act. Section 2. All laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved March 27, 1941. PARK AUTHORITY CREATED. No. 278. An Act Creating the State Park Authority; authorizing the Authority to construct, operate and maintain selfliquidating projects embracing the completion of the Confederate Memorial on the side of Stone Mountain, parks, recreational

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areas, lakes, housing accommodations and utilities and other facilities in connection therewith; conferring powers and imposing duties on the Authority; authorizing the issuance of revenue bonds of the Authority; payable solely from earnings and revenue, 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 such 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 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 parks, recreational areas, housing accommodations, etc. and related facilities in order that proper facilities may be provided for the people of Georgia; and Preamble. Whereas, it is advisable to finance the construction of such parks, 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 Park Authority Act. State park authority act.

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Section 2. State Park Authority, There is hereby created a body corporate and politic to be known as the State Park 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. The original appointments shall be made in such manner that the term of one member shall expire on July 1, 1944, the term of another member shall expire on July 1, 1946, and the term of the remaining member shall expire on July 1, 1948. 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 elect also 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. Park authority created.

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Section 3. Definitions. As used in this Act, the following words and terms shall have the following meanings: Definitions of terms. (a) The word Authority shall mean the State Park Authority created by Section 2 of this Act. (b) The word project shall be deemed to include the completion of the Confederate Memorial on the side of Stone Mountain and the operation of the same together with such land adjacent thereto as may be acquired by the authority and housing accommodations, utilities and other facilities as may be placed on said land by the Authority, as a park or recreational area; parks, recreational areas, lakes, housing accommodations, and all utilities and other facilities deemed by the Authority necessary or convenient for the efficient operation of any such park, recreational area, lake 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 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

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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 of park authority. (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 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 proceedings 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 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

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lands to the Authority upon payment to 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 designers, sculptors, 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 of revenue bonds of the Authority or from such proceeds and any grant from the United States of American 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 may impose; (8) to borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from

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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 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 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 or 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 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

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such delivery. All 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 of 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 the 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 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 of things then 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 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. 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

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payable solely from the fund hereinafter provided 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 threrefor or to make any appropriation for their payment. Neither the State nor the Authority shall be obligated to pay the principal on or the interest on such revenue bonds except from earnings or 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. Credit of State not pledged. 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 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 or 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

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covenants setting forth the duties of the Authority in relation to the ecquisition or 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 depository 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 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 trustees, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures or 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

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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 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 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

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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. Revenues and earnings. 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 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 resolutions 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 encumberance, legal or equitable, upon any property of the State. Remedies.

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Section 11. Contributions. The Authority, in addition to the moneys which may be reviewed from the sale of revenue bonds and from the collection of revenues and earnings derived 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 purpose 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 provision of this Act insofar as the same may be applicable. Revenue 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, buildings 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

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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 security for deposits. 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 convents 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. Governmental function. 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): Limitations of actions. The State Park 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

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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 Park 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 secure 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. Any such action and any action to protect or enforce any rights under the provisions of this act shall be brought in 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 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,

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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. Powers not impaired. 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. Act liberally construed. 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 decisions of such court shall not affect or impair any of the remaining provisions. Constitutional construction. 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 deregation of any powers now existing. Alternative method. Section 20. All laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved March 27, 1941. PRISON AND PAROLE COMMISSIONACT AMENDED. No. 62. An Act to amend the act approved February 3rd, 1938 (Ga. Laws Extraordinary Session 1937-38, pp. 200, 202) changing the name of the Prison Commission of the State of Georgia to the State Prison and Parole Commission and acts amendatory thereof, by further limiting the issuance of paroles by requiring the evidence

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of satisfactory prison record, and by requiring the approval of the Governor of such parole before the prisoner is released; to provide for the keeping of files and records by the Commission; and to provide for the transfer of the functions, duties and powers of the State Board of Penal Corrections to the State Prison and Parole Commission; To provide for the appointment of a Chairman of the State Prison and Parole Commission, and fix his term; to provide for the appointment and removal of wardens and guards; to provide rules and regulations for the governing of convicts and convict camps; to repeal conflicting laws; and for other purposes. Be it and it is hereby enacted by the General Assembly of Georgia: Section 1. That Section 5 of the act approved February 3rd, 1938, (Ga. Laws Extraordinary Session 1937-1938, pp. 200, 202), changing the name of the Prison Commission to that of the State Prison and Parole Commission, and acts amendatory thereof, be and the same is hereby amended by repealing said section as written and inserting in lieu thereof the following: Act of 1938 amended. Any action of the State Prison and Parole Commission with reference to any parole, probation, or pardon shall be effective only if approved by a majority of the Board and the Governor, and no prisoner shall be released upon parole or probation unless and until the record in the said case shows that his prison record was satisfactory. Parole, probation or pardon granted only when approved by a majority of the board and the governor. Section 2. That Section 7 of the act approved February 3rd, 1938, (Ga. Laws Extraordinary Session 1937-1938, pp. 200, 202), relating to the records of the former prison Commission be and the same is hereby repealed and the following is enacted in lieu thereof:

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Section 7. Upon the approval of this act, it shall be the duty of the State Prison and Parole Commission to keep all records of the conviction and sentence of both felony and misdemeanor convicts, all records and files showing the classification or grades of such prisoners, their physical condition, conduct and demeanor, description and identification as well as all records relating to the quota of convicts to which the various counties may be entitled or may have been assigned, and all other similar records and files. Duty of commission to keep record of conviction and sentence. In this connection, it shall be the duty of said State Prison and Parole Commission to notify the proper Warden, in writing, of the date of the expiration of the sentence of each prisoner working under his jurisdiction at least ten days before the date of the expiration of said sentence, and to supply said Warden with any other information or data, from time to time, with reference to reduction of a sentence for good behaviour, or on account of any parole, probation or pardon, or other information needed by the said Warden in carrying out the duties and functions of his office. Duty to notify warden. Upon approval of this act it shall be the duty of said Superintendent of State Farms to transfer to the State Prison and Parole Commission all of the above described records and files now in his possession, or in the possession of the State Board of Penal Corrections. Duty to transfer records. It is the intention of this Section to impose upon the State Prison and Parole Commission the authority and duty to keep all files and records which the former Prison Commission of the State of Georgia was required to keep under the provisions of Chapters 77-3, 77-4 and 77-5 of the Code of Georgia of 1933. Purpose of section. The State Prison and Parole Commission shall have the authority and jurisdiction to transfer misdemeanor

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and felony prisoners from one penal institution to any other penal institution in this State, and to assign such convicts to serve in the various penal institutions of the State; and in the exercise of such powers may segregate youthful or first offenders from other prisoners with whom it would not be in the interest of the rehabilitation of youthful or first offenders to associate or come in contact with. Authority of commission. Section 3. Be it further enacted by the authority aforesaid that all appropriations made to or made available to the Board of Penal Corrections are hereby transferred and appropriated and made available for the use for which such appropriations were made, or such monies collected, to the State Prison and Parole Commission. Appropriations transferred. Section 4. Be it further enacted by the authority aforesaid, that all of the duties, powers, and authority of the State Board of Penal Corrections, created by an act approved March 21, 1939 (Ga. Laws, 1939, pages 106-110) be and the same are hereby transferred to the State Prison and Parole Commission. Duties transferred. Section 4A. The Governor shall appoint one member of the Prison and Parole Commission as Chairman for a term of one year and until his successor is appointed. The said Prison and Parole Commission shall have authority, with the approval of the Governor, to employ and discharge Wardens and Guards for proper cause shown, and to make rules and regulations governing the convicts and convict camps of this State. Chairman to be appointed by governor for one year. Section 5. All laws or parts of laws in conflict with this act are hereby repealed. Approved February 19, 1941.

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PUBLIC SAFETY DEPARTMENTACT AMENDED. No. 263. An Act To amend an Act approved March 19, 1937 (Georgia Laws 1937, pp. 322-355), creating a Department of Public Safety and defining the powers and duties thereof, etc., as amended by an Act approved March 17, 1939 (Georgia Laws 1939, pp. 135-144), by providing that the Commissioner may, within the limit of the appropriations and subject to the approval of the Department of Public Safety, pay the premiums for group life, accident and hospitalization insurance contracts, policies or certificates issued to the members of the Uniform Division; to provide for reinstating a license that has been suspended by the court; to change the name of the Division of Criminal Identification to Bureau of Investigation, and to vest the members of the Bureau of Investigation with all of the powers, duties and authorities possessed by members of the Uniform Division; 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 2 of the Act approved March 19, 1937 (Ga. Laws 1937, pp. 322-355), creating the Department of Public Safety for Georgia, defining its powers and duties, etc., as amended by an Act approved March 17, 1939 (Ga. Laws 1939, pp. 135-144), be, and the same is hereby amended by adding a new Section to be numbered and to read as follows: Act of 1937 amended. Section 10-A. The Commissioner of the Department of Public Safety, with the approval of the Department of Public Safety, is hereby authorized to purchase group life, group accident, and group hospitalization insurance contracts, policies or certificates issued to the members of the

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uniform division of the Department of Public Safety; provided such contracts of insurance be approved by the Department of Public Safety as to the amount of insurance, amount of premiums, and company issuing or writing same, and provided, further, that the premiums for such contracts, policy, or certificate of insurance shall be paid by the members of the uniform division desiring to participate therein; and this shall be in no way considered as a liability on the part of the State to pay for same. Such contract, policy or certificate of insurance may be made payable to the beneficiary designated by the member of the uniform division to whom same is issued. Insurance may be purchased. Section 2. That Section 11 of Article 4 of said Act be and the same is hereby amended by adding a new subsection to be numbered and to read as follows: Section 11 A. Upon the recommendation of the judge of the court that suspended the operator's or chauffeur's license of any person, the Commissioner of the Department of Public Safety is authorized to reinstate such license. Suspended license reinstated, how. Section 3. That Article 3 of said Act be and the same is hereby amended by striking the words Division of Criminal Identification and substituting and inserting in lieu thereof the words Bureau of Investigation; by striking the word Division wherever it is used in said section to refer to the Division of Criminal Identification created by that article, and substituting and inserting in lieu thereof the word Bureau, so that from and after the passage of this Act the name of the former Division of Criminal Identification shall be changed to Bureau of Investigation. Bureau of investigation. Section 4. That Section 1 of Article 3 of said Act be and the same is hereby amended by adding at the end of the second paragraph of said section the following: The members of the Bureau of Investigation shall have

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and are hereby vested with, in addition to the duties herein provided, the same authority, powers and duties as are possessed by the members of the Uniform Division under the provisions of this Act. Duties. Section 5. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 27, 1941. PUBLIC SAFETY DEPARTMENTFAMILY DRIVERS LICENSE. An Act to amend an Act approved March 19, 1937, creating a Department of Public Safety for Georgia, providing for the organization thereof, providing for the Georgia State Patrol and the issuance of licenses to drivers of automobiles, by providing for family drivers licenses and prescribing the fees to be paid therefor; 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 March 19, 1937, entitled An Act to create a Department of Public Safety for Georgia and to name the members, officers and divisions thereof; to provide for organization of the department and to fix the time of meeting; to specify the duties, fix the salaries, method of appointment, tenure of office, bond, and qualifications of the officers and employees of the various divisions of the Department of Public Safety; to creat the Uniform Division of the Department of Public Safety to be known as the `Georgia State Patrol'; to prescribe the numbers, rank, duties and salaries thereof, and to provide for the furnishing and purchase of equipment for the employees; to provide punishment for any one wearing the uniform of or impersonating a member of the Uniform Division; to provide

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rules and regulations for the operation and control of the Uniform Division known as Georgia State Patrol; to fix the ages of enlistment and retirement of the members of the Uniform Division; to provide for recruiting, training, enlistment, re-enlistment, promotion and discharge of the members of the Uniform Division and for a hearing on discharge or suspension; to prescribe under what rules a reward may be paid a member of the Uniform Division; for increase of salary on re-enlistment; to provide punishment for withdrawal by a member without consent; for the purchase of motor and other equipment of the Department of Public Safety and the divisions thereof, and for the employment of custodians for such equipment and stores; to provide for the furnishing of offices, supplies, and equipment for the headquarters staff and for each district or division thereof; to provide for furnishing quarters, meals and lodging for the members of the Uniform Division; to provide for the creation of districts or division headquarters and to enable counties and municipalities to provide barracks or quarters; to enable the Department of Public Safety to rent or acquire barracks and quarters; to provide for a treasurer and clerical force at headquarters and district or division headquarters; to define the duties and powers of the Georgia State Patrol and to name the venue of prosecutions and prescribe payment of fines and costs; to repeal Section 68-107 of the Code of Georgia for 1933 and to provide that the Georgia State Patrol shall perform all duties in checking licenses of motor vehicles in this State and for disposition of fees collected; to establish a Division of the Department of Public Safety for the purposes of criminal identification, detection, prevention and investigation, and to prescribe the duties and powers of such division; to provide punishment for interfering with the operation of such division; to provide for lectures and demonstrations relating to public safety in the public schools of this State; to provide for the classing and licensing of learners, operators and public chauffeurs of motor vehicles

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in Georgia and for rules and regulations under which such licenses shall be issued, refused, suspended, revoked and canceled and for keeping of proper records; to define the ages and persons to whom licenses may be issued and naming those exempt from license; to provide for examination of licensees and fees for licenses; to provide the time for which licenses may be issued and the expiration date; to repeal Sections 68-203 and 68-204 of the Code of Georgia for 1933; to provide a hearing for one who has been denied a license, or whose license has been suspended or revoked; to define the punishment of persons refusing to exhibit a license on request, or operating or permitting another to operate a motor vehicle contrary to the provisions of this Act; to define the punishment for fraudulently displaying or obtaining a license or for refusal to deliver a license that has been suspended, revoked or canceled, or otherwise violating the provisions of this Act; to provide an appropriation for the purposes named in this Act and for the disposition of fees received from the sale of licenses hereunder; to provide that no person shall be eligible for any position provided for in this Act who is drawing any pension from any source, governmental or otherwise; to provide that if any part of this Act shall be declared illegal, that no other part shall be affected; to provide when this Act or any part shall become effective; to authorize the Department of Public Safety to accept gifts of property, equipment or services in the name and in behalf of the State of Georgia which may be donated for use of such department or any division thereof; to provide for the revocation of licenses granted under this Act by the court trying the defendant, to provide for the probation of offenders by the court with power to suspend, or revoke licenses, to require that copies of the sentence or judgment of the court be sent to the Department of Public Safety, and to provide a fee for the Clerk of court sending such certificates; for the repeal of all conflicting laws and for other purposes, be and the same is hereby amended by striking all of Section 8 of Article

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IV thereof, which fixes the fees to be paid for licenses of operators, and inserting in lieu thereof a new Section 8 which shall read as follows: Act of 1937 amended. Section 8. Every application for an operator's license under this Act, whether a renewal license or a new license, shall be under oath and shall be accompanied by a fee of one ($1) dollar, which shall entitle the applicant to an operator's license upon his passing the examination if one is required, and shall entitle the spouse of every applicant who is the head of a family to a license upon the payment of an additional fee of fifty cents, provided such spouse is otherwise qualified to be licensed and is not living in a state of bona fide separation from such applicant. The minor dependent children of each such licensed head of a family who are actually living with such licensed head of the family and who are otherwise qualified shall be entitled to operators' licenses upon the payment of an additional fee of twenty-five cents for each such minor dependent child. In every case, the licenses issued to operators shall be separate and the Department of Public Safety shall prescribe distinctive colorings for licenses issued to heads of families, their spouses and minor dependent children; and each license so issued shall be subject to all of the rules and regulations prescribed by this Act or under this Act, and subject to revocation as provided by this Act, but the license of no member of such family shall be revoked or suspended on account of any violation of this Act by another member of the family. Driver's licenses. The Department of Public Safety shall prescribe suitable forms for applications for licenses as provided by this section and require verification thereof with respect to the status of the members of such family of each applicant. Every applicant for a learner's permit, who is a member of such family, shall, upon proper proof thereof as herein required, be entitled to such permit

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upon payment of a fee of twenty-five cents, provided such applicant is otherwise entitled to be licensed under this Act. In the event the application is denied, the fee shall be refunded. Learner's permit. Nothing in this section shall affect fees required to be paid for public chauffeurs' licenses, but in the event any applicant for a public chauffeur's license shall fail to pass the examination, one-half of his fee shall be refunded. If any applicant for a learner's operator's or chauffeur's license shall fail to pass the examination prescribed, an additional examination may be requested after a period of three months, provided that the fees herein required to be paid, shall be forwarded with each said subsequent application. Chauffeur's licenses. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved January 30, 1941. PUBLIC SERVICE COMMISSIONJURISDICTION ENLARGED. No. 386. An Act to enlarge the jurisdiction and power of the Georgia Public Service Commission so as to authorize said Commission to prescribe rates, supervise and regulate the furnishing or selling of water by certain persons, firms or private corporations; to approve the issuance of stocks, bonds, notes or other evidence of debt as now provided by law for utilities under the jurisdiction of the Commission; to prescribe and fix penalties and punishments for failure or refusal to observe any order, rule or regulations of said commission, and to prescribe the form of procedure for enforcing same; to repeal conflicting laws; and for other purposes.

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Be it and it is hereby enacted by the General Assembly of Georgia: Section 1. That from and after the passage of this act the Georgia Public Service Commission shall have full and complete jurisdiction, power and authority to prescribe reasonable rates to be charged by any person, firm or private corporation hereinafter referred to for the furnishing or selling of water to others for domestic use or industrial purposes; and shall approve the issuance of stocks, bonds, notes or other evidence of debt by such person, firm or private corporation as now provided by law for public utilities under the jurisdiction of Georgia Public Service Commission; and may also supervise and regulate any such business by prescribing standards of efficiency in equipment and personnel and standards of sanitary requirements to be observed in the preparation, storing, furnishing or selling of such water. The jurisdiction, power and authority herein conferred shall extend to all such persons, firms or private corporations who leases for a period as long as ten years such property from any municipality or other political subdivision, and then only while such lease is in effect, and furnishes or sells water to said municipality or other political subdivision or to the citizens thereof, for the direct or indirect use of the citizens thereof, but such jurisdiction, power and authority shall not extend to water plants, water systems, reservoirs or other equipment for the furnishing or selling of water, however owned except when operated by such leasee of the owner thereof, and provided that nothing in this Act shall be construed so as to apply to leases or contracts between political sub-divisions; and, provided further that the provisions of this Act shall not apply to any water plant, water system, reservoir or other equipment for the furnishing or selling of water when both owned and operated by a municipality or political sub-division of this State. Jurisdiction over sale of water. Section 2. Any person, firm or corporation coming under

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the provisions of this Act or who fails, omits or neglects to obey, observe and comply with any order, direction, or requirement of the Commission hereafter issued, given or adopted, shall forfeit to the State the sum of not more than $5,000.00 for each offense. Each violation of the provision of this Act, or of any such order, direction or requirement of the Public Service Commission shall be a separate and distinct offense, and, in case of a continued violation, every day a violation thereof takes place shall be deemed a separate and distinct offense. An action for the recovery of such penalty may be brought in the Superior Court in the County of the Principal Office of such person, firm or corporation in this State, or in the Superior Court of the County of the State where such violation occurs and such wrong is perpetrated, and shall be brought in the name of the State by authority of the Public Service Commissioner Department of Public Health. Any procedure to enforce such penalty shall be triable at the first term of the court to which it is brought, before the presiding judge without a jury, and shall be given precedence over other business by the presiding judge, and the court shall not be adjourned until such proceeding is legally continued or disposed of. The decision in such cases may be taken to the Supreme Court of Georgia as provided in cases of the grant or refusal of injunctions by judges of the Superior Courts. Failure to recognize authority of commission, penalty. This Act shall not apply to any water works system coming under the provisions of this Act until thirty (30) days after the Mayor and Council of the city or town wherein such water works is located has by valid municipal ordinance elected to put the water works in said city or town under the provisions of this Act and has duly certified their act in so doing to the Georgia Public Service Commission. When act becomes effective. Section 3. All laws or parts of laws in conflict with this act are hereby repealed. Approved March 27, 1941.

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RADIO COMMISSIONACT REPEALED. No. 13. An Act to repeal an Act approved March 30, 1937, establishing the Georgia Radio Commission, providing for the appointment and terms of office of members thereof, prescribing their duties, and for the improvement and development of the Radio Broadcasting Station WGST at Georgia Tech, and for other purposes; to provide for the disposition of the property held by said Radio Commission pursuant to the Act approved March 30, 1937, and appopriations heretofore made to said Commission; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act of the General Assembly approved March 30, 1937, entitled, An Act to establish the Georgia Radio Commission; to provide for their appointment and term of office; to prescribe their duties; to provide for the improvement and development of the Georgia Radio Broadcasting Station, WGST, at Georgia Tech, and any other radio broadcasting stations hereafter acquired and owned by the State; to provide for the advertisement of the natural resources and other assets of the State, agricultural information, scientific and medical information, crime prevention and any other advertisement in the discretion of the Commission; to authorize the operation of said State-owned radio station or stations by the Commission on behalf of the State; to authorize the allotment of time for broadcasts and general supervision of broadcast programs by the Commission; to authorize the Commission to lease said station or stations; to accept donations; to acquire land; make contracts; to deal with the Federal Radio Commission in the name of and in behalf of the State in securing desirable wave lengths and power and other privileges essential to the development of said broadcasting station or stations; to nullify any outstanding contract

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or lease affecting Station WGST unless same has been approved by the General Assembly; to define the powers of the Georgia Radio Commission; and to give the Commission the right to sue and be sued; and to require reports by said Commission to the General Assembly; and for other purposes, be and the same is hereby repealed. Georgia radio commission act repealed. Section 2. That upon the passage and approval of this Act, the Georgia Radio Commission, established under said Act of March 30, 1937, shall cease to exist and the terms of office of the members thereof shall terminate. Act of 1937 repealed. Section 3. All of the property held by the Georgia Radio Commission under said Act of March 30, 1937, including the radio broadcasting station known as Station WGST, with all the appurtenances thereof and the rights connected therewith, shall be and the same is hereby transferred to the Regents of the University System of Georgia, to be held, controlled and managed by said Regents of the University System of Georgia for the use and benefit of the Georgia School of Technology. The entire beneficial interest in said property shall be in the Georgia School of Technology and the legal title thereto shall vest in the Regents of the University System of Georgia, as trustees for said Georgia School of Technology. Property transferred to board of regents. Section 4. The Regents of the University System of Georgia are authorized and empowered to lease said property or to sell the same. In the event of such lease, the entire net rental received shall be held and used by said Regents for the use and benefit of the Georgia School of Technology in the same manner as the income from other endowment funds of said Georgia School of Technology is held and used. In the event said property is sold, the entire purchase price shall immediately upon its payment by the purchaser become a part of and be added to the endowment of the Georgia School of Technology and shall be held by said Regents in trust for the Georgia School of

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Technology as other endowments of the Georgia School of Technology are held, and the income therefrom shall be held and used by said Regents for the benefit of the Georgia School of Technology as the income from other endowments is held: Provided, however, that no lease contract shall be entered upon and no sale consummated without the approval in writing of the Governor and the President of the Georgia School of Technology. Regents authorized to lease property. Section 5. All appropriations heretofore made to the Georgia Radio Commission and remaining unexpended upon the approval of this Act shall be covered into the general fund in the State Treasury. Unexpended appropriations to go into treasury. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 6, 1941. SECRETARY OF STATECOMPENSATION. No. 16. An Act to fix the salary of the Secretary of State; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That from and after the approval of this Act, the Secretary of State shall receive an annual salary of $5,000, payable as now provided by law, and shall not be otherwise compensated for services rendered the State, whether the same be rendered in an official, unofficial, or ex-officio capacity, or for services rendered in any position which he may hold by virtue of his office as Secretary of State. Compensation. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved February 6, 1941.

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SENATE CONFIRMATION OF APPOINTEESACT REPEALED. No. 20. An Act to repeal an Act approved February 12, 1938, entitled An Act to provide for the confirmation by the Senate of appointees of the Governor for public office, and for other purposes; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act of the General Assembly of Georgia approved February 12, 1938, entitled, An Act to provide for the confirmation by the Senate of appointees of the Governor for public office; and for other purposes, which provides that all appointments made by the Governor to public offices created and established by the laws of this State shall be subject to confirmation by the State Senate and requires that such appointments be submitted to the Senate, and further provides that all appointees to offices created and established by law since January 1, 1937, shall be submitted to the Senate for confirmation and that if not so confirmed the offices shall become vacant, be and the same is hereby repealed. Act of 1938 repealed. Section 2. The effect of this Act shall be that the law with respect to the appointment and confirmation of appointees to public office shall be as if said Act of February 12, 1938, had never been enacted. No appointment by the Governor shall be subject to confirmation by the Senate unless the statute under which such appointment is made requires confirmation or confirmation is otherwise required by law. Return to prior status. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 6, 1941.

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STATE HIGHWAY BOARD CREATED. No. 2. An Act to create the State Highway Board of Georgia, provide for the appointment of members thereof, fix their terms of office and compensation and prescribe their duties; to repeal the Act approved March 3, 1937, creating a State Highway Board, and providing for membership thereon, and terminate the terms of office of the members appointed thereunder; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The State Highway Department, as created and provided for by part 4 of Title 95 of the Code of Georgia of 1933, shall be managed and controlled by the State Highway Board, which shall be composed as hereinafter provided. Section 2. The State Highway Board shall consist of a chairman and two members who shall be appointed by the Governor and who shall serve for the term of the Governor by whom they are appointed. Each of said members, including the chairman, shall be appointed from a different section of the State. State highway board. Section 3. The Chairman of the State Highway Board shall receive as compensation for his services five thousand ($5,000) dollars per annum, which shall be paid in monthly installments. Each of the other members of the Board shall be compensated at the date of $10 per day while engaged in the performance of his duties. Each Member of the Board, including the Chairman, shall be entitled to actual expenses while engaged in the performance of his duties, not exceeding four (4) days each month. Compensation of members of board. Section 4. Immediately upon the approval of this Act, the Governor shall appoint the Chairman and other members of the State Highway Board and they shall thereupon

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immediately succeed to and be vested with all of the powers, duties and obligations vested in and conferred upon the State Highway Board by Part 4 of Title 95 of the Code of Georgia of 1933. Pending actions and causes of action for or against the State Highway Department or the State Highway Board shall not abate, but the State Highway Board as constituted hereunder shall become or may be made parties thereto. Appointment and duties. Section 5. The Act approved March 3, 1937, entitled An Act to create the State Highway Board of Georgia, provide for membership thereof, the appointment and terms of office, to provide that said Board shall perform all of the duties heretofore performed by the State Highway Board of Georgia, and for other purposes, is hereby repealed, and the terms of office of all members of the State Highway Board appointed pursuant to said Act or under authority thereof are hereby terminated. Act of 1937 repealed. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved January 30, 1941. STATE PRISON FARMAUTHORITY TO LEASE. No. 389. An Act To authorize the Governor to lease all or any part of the lands and buildings constituting the State Prison Farm located in Baldwin County, near Milledgeville, Georgia, to the United States Government, to any political sub-division of the State of Georgia, or to the Baldwin County Board of Education, for any project relating to National Defense, or vocational training or similar purposes; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. Notwithstanding the provisions of any other law, the Governor of Georgia is hereby authorized to lease, in whole or in part, for a period of time up to but not exceeding twenty-five years, the lands and buildings constituting the State Prison Farm located in Baldwin County, near Milledgeville, Georgia, to the United States Government, to any political sub-division of the State of Georgia, or to the Baldwin County Board of Education. The terms and conditions of such lease shall be such as the Governor may deem to be for the best interest of the State but shall specify that such property shall be used for National Defense, or vocational training, or for any related or similar project. Governor authorized to lease. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Repealing clause. Approved March 27, 1941. STATE SUPERINTENDENT OF FARMS CREATEDBOARD OF PENAL CORRECTIONS ABOLISHED. No. 61. An Act to create the office of State Superintendent of Farms; to provide for the appointment of said Superintendent, prescribe his powers, duties and functions and fix his compensation and term of office; to abolish the Board of Penal Corrections; to repeal conflicting laws; and for other purposes. Be it and it is hereby enacted by the General Assembly of Georgia: Section 1. That there is hereby created the office of State Superintendent of Farms.

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Section 2. A superintendent of State Farms shall be appointed by the Governor, and shall serve a term to coincide with the term of the Governor who makes the appointment; and said Superintendent shall be removable only for cause by the Governor, after a hearing. He shall receive a salary of Four Thousand ($4,000.00) Dollars per annum to be paid in monthly installments. Superintendent to be appointed by governor. Salary. Section 3. No construction work, including the building of houses, factories, industries, or establishment or operations of industries in buildings already erected, or manufacture of products shall be begun or carried on except by and with the direction and approval of the Governor. Governor to approve certain acts of superintendent. Section 4. Reports shall be made by the Superintendent to the Governor, which reports shall fully set out all of the acts and doings of said Superintendent, together with all monies collected by him and the disposition of same. Reports to be made. Section 5. Said Superintendent shall not be required to keep any records of the conviction and sentence of convicts, or records with reference to the description and identification of the convicts or records of the conduct and classification of any convict, or records with reference to the quota of convicts to which the various counties are entitled or have been assigned; and upon the approval of this act the Superintendent is hereby authorized and directed to turn over to the State Prison and Parole Commission all such files and records now in the possession of the Board of Penal Corrections, and it shall henceforth be the duty of said State Prison and Parole Commission to keep said files and records. Not required to keep record of convicts. Section 6. Said Superintendent shall have no power or authority with reference to the orders transferring convicts from one prison camp or other place of service to another, but such matters shall be exclusively within the jurisdiction

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and under the authority of the State Prison and Parole Commission. Superintendent cannot transfer convicts. Section 7. Upon the approval of this act the said State Board known as the Board of Penal Corrections, created by said Act approved March 21st, 1939, shall be and the same is hereby abolished, and the members of said Board shall thereupon cease to be public officers of the State or to have or exercise any power or authority under and by virtue of said act, and the act, (Ga. Laws 1939, pp. 106, 110) creating said Board is hereby repealed. Board of penal corrections abolished. Section 8. Said Superintendent shall not, either with or without the direction and approval of the Governor, set up or operate any business, whether industrial or agricultural, for the sale of any products, manufactured or grown at any prison farm or penal institution, to the public in competition with private industries or agricultural activities, except for the needs of the State, its subdivisions, institutions, agencies, 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. Cannot compete with private enterprise. Section 9. That the office of Superintendent of State Farms, and the official appointed hereunder, shall have no jurisdiction or control over the State Experiment Stations. No jurisdiction over experiment stations. Section 10. No one shall be qualified to be appointed Superintendent of State Farms under this Act who is not a resident of the State of Georgia, duly qualified to vote for the members of the General Assembly, and also who would be qualified and eligible to serve as a member of the General Assembly if duly elected thereto; and said Superintendent shall give a surety bond in the sum of Ten Thousand ($10,000) Dollars. Qualifications of superintendent.

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Section 11. All laws or parts of laws in conflict with this act are hereby repealed. Approved February 19, 1941. STATE TREASURERCOMPENSATION. No. 17. An Act to fix the salary of the State Treasurer; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That from and after the approval of this Act, the State Treasurer shall receive an annual salary of $5,000, payable as now provided by law, and shall not be otherwise compensated for services rendered the State, whether the same be rendered in an official, unofficial, or ex officio capacity, or for services rendered in any position which he may hold by virtue of his office as State Treasurer. Compensation of state treasurer. Section 2. All laws and parts of laws in conffict with this Act are repealed. Approved February 6, 1941. TREASURER AND COMPTROLLER GENERALSUSPENSION. No. 12. An Act to provide for the suspension of the State Treasurer and Comptroller General, for the appointment of a suitable person to discharge the duties of the office of either in case of such suspension; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. Whenever the Governor shall have trustworthy information that the State Treasurer or Comptroller General is insane, or has absconded, or grossly neglects his duties, or is guilty of conduct plainly violative of his duties, or demeans himself in office to the hazard of the public funds or credit of the State, the Governor shall suspend said Treasurer or Comptroller General, as the case may be, and report his reasons for such suspension to the General Assembly. Said suspension shall continue until the General Assembly shall otherwise direct. Authority of governor to suspend treasurer and comptroller general. Section 2. Whenever the State Treasurer or Comptroller General shall be suspended the Governor shall appoint some suitable person to discharge the duties of the office until the suspended official shall be restored by law or his successor elected and qualified. The person so appointed shall take the oath and give the bond required by law of the regular incumbent. Provided that in the event of the exercise of said power and the suspension of either or both of said officers by the Governor, when the General Assembly is not in session, then he shall on the same date issue a call to the General Assembly convening them in extra-ordinary session, to meet within thirty (30) days from that date, for the sole purpose of investigating and passing upon the merits of such suspension and to affirm or reject the same by joint resolution; and in the event such suspension is upheld, to confirm or reject the appointee or appointees named by the Governor as successor or successors to the officers so removed. And in the event the Governor shall fail or refuse to so convene the General Assembly, then said order of removal shall become null and void and the suspended officer or officers shall be automatically restored to the office from which he may have been suspended. And it shall be the duty of any such suspended officer, when so suspended, to peacefully and quietly vacate the office rooms occupied by him and await the action by the General Assembly or the

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expiration of the thirty days in which they have to act, without molestation or interference with any temporary appointee. If such suspension order is passed by the Governor, while the General Assembly is in session, the Governor shall forthwith submit the same to that body for immediate action, and the same shall be a continuing order of business until disposed of. Suspension must be approved by general assembly. Section 3. This Act shall supersede existing laws with reference to the suspension of the State Treasurer and Comptroller General by authority other than the General Assembly, but shall not affect the power of the General Assembly to suspend either of such officers. Supercedes existing laws. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 6, 1941.

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TITLE V. CODE AMENDMENTS AND REPEALS. ACTS. Administrators and ExecutorsCompensation. 113-2004. Adoption Laws Revised. Chapter 74-4. Architects Certificate of RegistrationWhen Granted Without Examination. 84-316. Bank ChartersMinimum Capital Stock. 13-901. Compensation of Court Reporter in Brunswick Judicial Circuit. 24-3103, 24-3104. Consolidation of School Districts. 32-917. County Boards of Health. 88-201. County Tax Levy for Conservation of Natural Resources. 92-3701. Croppers and ServantsHolding Over. Title 61, Chapter 3. ElectionsHours of Holding Polls in Certain Counties. 34-1302. ElectionsHow and When Held. 34-1302. ElectionsSecret Ballot. Chapter 34-19. ElectionsSheriff and ClerkVacancy Defined. 24-2704. Ellis Health LawCounty Operation. 88-301. EstatesDistribution in Kind. 113-1018. ExplosivesLicense and RegistrationPenalty. 88-801, 88-802, 88-9927. Failure to Pay for Certain Farm ProductsPenalty. 5-9914. Fraternal Benefit SocietiesIssuance of Certificates. 56-1638. Georgia Real Estate CommissionMeetingsHow and Where Held. 84-1404. HuntingOpen Seasons. 45-308. Jury Commissioners Compensation. 59-105. Liens Against ContractorsHow Enforced. 67-2002. Membership of House of Representatives Re-apportioned. 47-101. Observance of Special Days. 32-1503. Official County OrganHow Selected. 39-1103. Osteopathy Regulated. 42-802, 42-806, 42-807, 42-808, 84-1207, 84-1209. Possessing, Lending or Transporting Obscene Literature. 26-6301. Reciprocal Agreements in Operation of Motor Vehicles. 68-1001, 1002, 1005, 1006. RegistrarsBallots FurnishedVoting By Mail. 34-3301, 34-3305, 34-3309. Sea FoodTaxes and Regulations OnPenalty. 45-812. Seining in Savannah River. 45-505. State LibrarianCompensation. 101-103. State LibrarianFees. 71-204. Superior Court Clerk's Bond. 24-2713. Tax Collectors and Tax Commissioners May Be Required To Give Surety Bond. 92-4801. Tax for Support of Paupers. 92-3715. For other Code Amendments see Part I., Title III.

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ADMINISTRATORS AND EXECUTORSCOMPENSATION. 113-2004. No. 201. An Act To amend Section 113-2004 of the Code of the State of Georgia of 1933, providing for the allowance to administrators and executors of compensation for delivering over property in kind; 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 113-2004 of the Code of the State of Georgia of 1933 be amended by adding to the first sentence in said section, the following: Sec. 113-2004 amended. and in cases where there has been no appraisement, not over three per cent of the fair value as found by the ordinary, and such allowances may be made irrespective of whether delivery over in kind be made pursuant to proceedings for that purpose in the Court of Ordinary and irrespective of whether such property, except money, be tangible or intangible, personal or real. So that said section, when amended, will read as follows: 113-2004. No commissions shall be paid to any administrator or executor for delivering over any property in kind; but the ordinary shall allow reasonable compensation for such service, not exceeding three per cent. on the appraised value, and in cases where there has been no appraisement, not over three per cent of the fair value as found by the ordinary, and such allowances shall be made irrespective of whether delivery over in kind be made pursuant to proceedings for that purpose in the Court of Ordinary and irrespective of whether such property, except money, be tangible or intangible, personal or real. If, however, land is

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worked by any trustee for the benefit of the parties in interest, the ordinary may, in his discretion, allow to such trustee additional compensation for such service, in no case exceeding 10 per cent. of the annual income of the property so managed. Ordinary, allowance by. Three per cent. Ten per cent, limit. Section 2. That all laws and parts of laws in conflict herewith are hereby repealed. Repealing clause. Approved March 22, 1941. ADOPTION LAWS REVISED. Chapter 74-4. No. 274. An Act To amend and revise the adoption laws now set forth in Chapter 74-4 of the Code of 1933; to provide for an investigation and report to the superior court in which an adoption petition is filed on the proposed adoption by the State Department of Public Welfare where facilities are available; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. Jurisdiction and Venue. The superior courts of the several counties shall have exclusive jurisdiction in all matters of adoption. All petitions for adoption shall be filed in the county in which the adopting parent or parents reside, except that upon good cause being shown, the court of the county in which the adoption is sought, in its discretion may allow the petition to be filed in the county of the child's domicile, or in the county in which is located any licensed child-placing agency having legal custody of the child sought to be adopted. Jurisdiction and venue. Section 2. Who May Adopt. Any adult person may petition for leave to adopt a child if such person is (1)

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at least 25 years of age, or (2) married and living with husband or wife. If a person is married, the petition must be filed in the name of both husband and wife, except where the child is the step-child of the party seeking to adopt, in which event the petition may be filed by the step-parent alone. The petitioner must be at least 10 years older than the child, a resident of this State and financially able and morally fit to have the care of the child. Who may adopt. Section 3. Consent. 1. Except as otherwise specified in this section, no adoption shall be permitted except with the written consent of the living parents of a child. In the case of a child fourteen (14) years of age, or over, the consent of such child also shall be required, and must be given in writing in the presence of the court. Consent, child's required. 2. Consent of the parents shall not be required where a child has been abandoned by its parents, or where the parents of the child cannot be found, after a diligent search has been made, or where a parent is insane or otherwise incapacitated from giving such consent, and the court is of the opinion that the adoption is for the best interest of the child, or where the parents have surrendered all of their rights to said child to a licensed child-placing agency, or court of competent jurisdiction for adoption, or to the State Department of Public Welfare through its designated agents, or in the case of parents whose parental rights have been terminated by order of a juvenile or other court of competent jurisdiction, or where both parents are dead. Exemption. 3. If the child be illegitimate, the consent of the mother alone shall suffice. Such consent, however, shall not be required if the mother has surrendered all of her rights to said child to a licensed child-placing agency, or to the State Department of Public Welfare. Illegitimate children. 4. If the child has a guardian of its person, the consent of such guardian shall be required, or if the child has been

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surrendered or committed by court order to a licensed child-placing agency, the consent of such agency shall be required. Guardian's consent. Section 4. Petition and Contents. The petition, duly verified, together with two conformed copies thereof, must be filed with the clerk of the court having jurisdiction, and shall set forth the name, age and place of residence of the child; the name, age and place of residence of the petitioner or petitioners; the name by which the child is to be known should the adoption be ultimately completed; whether such child is possessed of any property and if so, a full and complete description thereof; whether the child has one or both parents living, and in case one or both are alive, their names and places of residence, unless unknown; if the child has a guardian of its person, the name and residence of said guardian together with the date and place of his appointment; and the written consent required by Section 3. If the petition is filed in a county other than that of the petitioner's residence, the reason therefor must also be set forth in the petition. Petition and contents. Section 5. Notice of Date of Interlocutory Hearing; Service. Upon the filing of the petition, the court shall fix a date upon which the petition for adoption shall be considered, which date shall be not less than 75 days from the date of the filing of the petition, and one conformed copy of the petition together with a copy of the court's order thereon, shall be served on the party or parties whose written consent to the adoption is required under Section 3, unless service of said petition and notice has been duly waived in writing. If any such party or parties be a non-resident of the State, then the clerk shall send to said party or parties by registered mail a conformed copy of said petition and order; but if the address be unknown, then notice shall be given by publication once a week for four weeks in the official organ of the county where such proceedings are pending. Notice.

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Section 6. Requests for Investigation. It shall be the duty of the clerk of the court to which the petition for adoption is addressed to forward a conformed copy of the petition for adoption and the court's order thereon, to the State Department of Public Welfare, together with a request that a complete report and investigation be made. This the said clerk shall do within fifteen (15) days after the filing of the petition for adoption. Requests for investigation. Section 7. Investigation. Prior to the date set by the court for a hearing on the petition for adoption, it shall be the duty of the State Department of Public Welfare through its own agents, one of its licensed child-placing agencies or through any other agency appointed by the said Department of Public Welfare to verify the allegations in said petition for adoption and to make a complete and thorough investigation of the entire matter, and to report its findings and recommendations in writing to the court where the petition for adoption was filed. If for any reason the State Department of Public Welfare shall find itself unable to make or arrange for the proper investigation and report, it shall be the duty of the director of the Department to notify the court immediately, or least within 20 days after receipt of the request for investigation service, that it is unable to make such report and investigation so that the court may take such other steps as in its discretion are necessary to have the entire matter investigated. Investigation. Section 8. Contents of Report. The report and findings of the investigating agency shall, among other things, include the following: Contents of report. (1) Why the natural parent or parents, if living, desire to be relieved of the care, support, and guardianship of the child. (2) Whether or not the parent, parents or guardian of the child have relinquished control over the child.

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(3) Whether the proposed foster parent or parents is or are financially able and morally fit to have the custody of the child. (4) The physical and mental condition of the child to be adopted insofar as this can be determined by the aid of competent medical authority. (5) Whether or not the adoption is for the best interests of the child. (6) Suitability of the child to the home, including suitability of racial and religious affiliations. (7) Any other information that might be disclosed by the investigation that would be of any value or interest to the court in passing upon the case. If the report of the State Department of Public Welfare or its duly authorized agents, as provided herein, disapprove of the adoption of the child, motion may be made by said Department or by any agent by it authorized, to the court to dismiss the petition, and the court is authorized so to do. Section 9. Objection by Relations. It shall be the privilege of any person related by blood to the child sought to be adopted, if there is no father or mother, to file objections to the application for adoption, and the court, after hearing the same, shall determine, in its discretion, whether or not the same constitute a good reason for refusing the application. Objections by relations. Section 10. Interlocutory Hearing and Order. Upon the day appointed by the court for a hearing of the petition for adoption, or as soon thereafter as the matter may be reached for a hearing, the court shall proceed to a full hearing on the petition and the examination of the parties at interest in chambers under oath with the right of adjourning the hearing and examination from time to time as the

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nature of the case may require. The court at such time shall give consideration to the investigation report and to the recommendations therein contained, if such a report has been made. If the court is satisfied that the natural parents have just cause to be relieved of the care, support and guardianship of said child, or have abandoned the said child, or are morally unfit to retain the custody of said child, and that the petitioner or petitioners is or are financially able and morally fit to have the care, supervision, training and education of the child, and that the child is suitable for adoption in a private family home, and that the adoption requested is for the best interest of the child, it shall enter an interlocutory order granting the temporary custody of the child, to the petitioner or petitioners; or if it is not so satisfied, to refuse such an order and to dismiss the petition. Hearing and order. Section 11. Final Order of Adoption. At any time after the expiration of six (6) months from the date of the interlocutory order, the court shall set down for a hearing in chambers the question of whether the adoption sought shall be made final, and notice thereof shall be mailed by the clerk to the State Department of Public Welfare and to the person or persons on whom the petition is required to be served under Section 5. Any person objecting to the entry of a final order of adoption shall file such objections in writing prior to the date assigned for a hearing, which objections shall be passed on by the court at such hearing. If the court is satisfied that a final order of adoption should be entered, the court shall enter a decree of adoption, declaring the said child to be the adopted child of the petitioner, and capable of inheriting his estate, and also what shall be the name of such child. Thereafter, the relation between such person and the adopted child shall be as to their legal rights and liabilities, the relation of parents and child, except that petitioner or petitioners shall never inherit from the child. When the final adoption shall have been granted, the parents

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of the child shall be divested of all legal rights or obligations from them to the child or from the child to them; and the child shall be free from all obligations of any sort whatsoever to the said natural parents. To all other persons the adopted child shall stand as if no such act of adoption had been taken. Final order. Section 12. Revocation of Interlocutory Order. At any time before the entry of such final order of adoption, the court may revoke its interlocutory order for good cause shown, either of its own motion or on the motion of the State Welfare Department or one of its duly licensed agencies, or on the motion of the natural parent or parents of such child, or on the motion of the original petitioner or petitioners, but no such revocation shall be entered unless ten days notice shall have been given in writing to the parent or parents of the child, if known, and to the petitioner or petitioners (unless he or they make the motion.) Revocation. Section 13. Annulment. If at any time after the adoption the adopting parents fail faithfully to perform their obligations to the child, or if within seven years after his final adoption a child develops feeble-mindedness, epilepsy, insanity or veneral diseases as a result of conditions existing prior to his adoption and of which the adopting parents had no knowledge or information, or for other good cause shown unto the court, a petition setting forth such facts may be filed by any person or public or private agency, showing good cause therefor, in the court which entered the final decree of adoption, and if such conditions are provided to the satisfaction of the court, the adoption may be declared null and void. The court shall thereupon make proper disposition of the child by commitment to an appropriate State Institution as provided by the laws of the State of Georgia, or provide for the disposition of the child as may be to his best interest and to that of the State. Annulment.

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Section 14. Notice of Final Order of Adoption. 1. Upon the entry of the final order of adoption, the clerk of the court granting the same shall forward a copy of said final order, together with the original of the investigation report filed with the court, to the State Department of Public Welfare. If there shall be any subsequent order or revocation of said adoption, or order of annulment of adoption, a copy of same in like manner shall be forwarded by the clerk to the State Department. Notice of final order of adoption. 2. Within thirty (30) days after the final order of adoption has been entered, it shall be the duty of said clerk to forward a certified copy of the petition and all orders entered thereon including the final order of adoption to the registrar of vital satistics of the Georgia Department of Public Health. The said registrar shall add to the birth certificate the new name of the child, if any, the name and address of the parents by adoption, the court issuing the final order, and the date thereof. Upon the request of the adopting parent or parents, said registrar shall issue a certificate of birth, bearing the new name of the child as shown in the order of adoption, the names of the foster parents of said child, age, sex and date of birth, but no reference any such birth certificates shall have reference to the adoption of said child. However, the original registration of birth shall remain a part of the record of the Department of Public Health, but shall not be open to inspection except upon order of the court issuing the final adoption order. Upon the entry of any order of annulment, a certified copy of the petition for annulment and the order of annulment shall likewise be forwarded to said registrar who shall make the appropriate entries on the records in his file. Report to Bureau of Vital Statistics. Section 15. Records Where Kept. The original petition, all amendments thereto, and all decrees or orders of any kind whatsoever, except the original investigation report of the investigating agent as provided for in Section 7 of this

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Act, shall be recorded in a book kept for that purpose and properly indexed; and such books shall be part of the records of the court in each county that has jurisdiction over matters of adoption in that county. The records of the court granting the adoption and of the State Department of Public Welfare and of the State Department of Public Health shall be kept sealed and locked and can only be examined when after written petition has been presented to the court having jurisdiction of adoptions, the said court has passed an order permitting such examinations. The records of adoptions shall not be open to the general public for inspection. Only the parties at interest in the adoption, their attorneys and/or representatives of the State Department of Public Welfare shall have the right to examine such records, and then only when good cause has been shown in writing to the court and an order passed thereon, as hereinbefore provided in this section. Records, where kept. Section 16. Adoption of Adult Persons. Adult persons may be adopted and have their names changed on giving written consent to such adoption. In such cases, adoption shall be by a petition duly verified and filed, together with two conformed copies, in the Superior Court in the county in which either the adopting petitioners or the adopting adult resides, setting forth the names, ages and residences of petitioner or petitioners, and of the adult to be adopted, the name by which the said adult is to be known, and his or her written consent to the adoption. The court may at any time, whether at term time or in vacation, assign the said petition for hearing, and after examining the petitioners and the adult sought to be adopted, the court, if satisfied, that there is no reason why said adoption should not be granted, shall enter a final order of adoption changing the name of the adopted adult as requested. Thereafter the relation between petitioners and said adult shall be as to their legal rights and responsibilities, that of parent

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and child, but to all other persons the adopted adult shall stand as if no such act of adoption had been taken. Within thirty days after the final order of adoption, it shall be the duty of the clerk to forward a certified copy of the petition and all orders entered thereon, including the final order of adoption, to the registrar of Vital Statistics of the Georgia Department of Public Health. The said registrar shall add to the birth certificate of said adopted adult, if one be on file, the name and address of the [Illegible Text] by adoption, the court issuing the final order and the date thereof. If there is no original birth certificate of said adopted adult on record, said registrar shall make a record of the adoption, together with the changes of name of the adopted adult. Adoption of adults. Section 17. Unlawful to Advertise. It shall be unlawful for any person, or persons, organization, corporation, hospital, or association of any kind whatsoever which has not been established as a licensed child-placing agency by the State Department of Public Welfare or by one of the Superior Courts to advertise in any periodical, by radio, or any other public medium, or by any private means including letters, circulars, hand-bills, and oral statements, that they will adopt children or place them in foster homes, or hold out inducements to parents to part with their offspring, or in any manner knowingly to become party to the sparation of any child, from its parents or guardians except through the provisions of this Act. Unlawful to advertise. Section 18. Penalty for Violation. Any person violating any of the provisions of this Act shall be guilty of a misdemeanor and shall be fined not more than $500.00 or imprisoned not to exceed six months in the county jail, either or both, in the discretion of the trial court. It shall be the duty of the State Department of Public Welfare to enforce the provisions of this section. Penalty. Section 19. Saving Clause. If any part of this Act shall

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be declared unconstitutional by any court of competent jurisdiction, such decision will not affect the remainder thereof. Constitutionality. Section 20. Repealing Clause. All laws or parts of law in conflict with or inconsistent with the provisions of this Act are hereby repealed, and especially chapter 74-4 of the Georgia Code of 1933. Repealing clause. Section 21. When to Take Effect. This act shall take effect immediately upon its passage and approval by the Governor, as to all petitions for adoptions filed after its effective date. Effective date. Approved March 27, 1941. ARCHITECTS CERTIFICATE OF REGISTRATIONWHEN GRANTED WITHOUT EXAMINATION. 84-316. No. 464. An Act To amend section 84-316 of the Code of Georgia of 1933, which section provides for the granting of certificates of registration to certain Architects without examination, by adding at the end of said section the following: `Any person residing in or having a place of business in this State who shall have been regularly engaged in the practice of architecture in this State under the title of `Architect' on April 6, 1917, and who, at said time, shall have been the holder of the degree of Bachelor of Science in Architecture from any branch of the University of Georgia, and whose practice of architecture was interrupted by his service in the armed forces of the United States between April 6, 1917 and November 11, 1918, shall be granted a certificate of registration without examination, by the payment to the Joint-Secretary

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of the fee for certificate of registration as prescribed in section 84-313'; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That section 84-316 of the Code of Georgia of 1933, which section provides for the granting of certificates of registration to certain Architects without examination, be amended by adding at the end of said section the following language: Any person residing in or having a place of business in this State who shall have been regularly engaged in the practice of architecture in this State under the title of `Architect' on April 6, 1917, and who, at said time, shall have been the holder of the degree of Bachelor of Science in Architecture from any branch of the University of Georgia, and whose practice of architecture was interrupted by his service in the armed forces of the United States between April 6, 1917 and November 11, 1918, shall be granted a certificate of registration without examination, by the payment to the Joint-Secretary of the fee for certificate of registration as prescribed in section 84-313; so that section as amended shall read as follows: Sec. 84-316 amended. Certificate granted without examinationwhen. Any person residing in or having a place of business in this State who shall have been regularly engaged in the practice of architecture in this State under the title of Architect on August 18, 1919, may be granted a certificate of registration without examination, by the payment to the Joint-Secretary of the fee for certificate of registration as prescribed in section 84-313, on condition that the applicant shall satisfy the said Board that he is qualified to practice architecture. Any person residing in or having a place of business in this State who shall have been regularly engaged in the practice of architecture in this State under the title of Architect on April 6, 1917, and who, at said time, shall have been the holder of the degree of

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Bachelor of Science in Architecture from any branch of the University of Georgia, and whose practice of architecture was interrupted by his service in the armed forces of the United States between April 6, 1917 and November 11, 1918, shall be granted a certificate of registration without examination, by the payment to the Joint-Secretary of the fee for certificate of registration as prescribed in section 84-313. Qualifications. Degree. Exemption for military service. Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Repealing clause. Approved March 27, 1941. BANK CHARTERSMINIMUM CAPITAL STOCK. 13-901. No. 362. An Act to amend An Act to amend the banking law as condified in Title 13, Section 13-901, Paragraph 3, of the Georgia Code of 1933, relating to the incorporation of banks, etc., approved March 11, 1935 (Georgia Laws 1935, pp. 101, et. seq.) by authorizing chartering of banks in municipalities of less than 2500 population with a minimum capital of $15,000.00; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That from and after the passage of this Act the Act entitled An Act to amend the banking law as codified in Title 13, Section 13-901, Paragraph 3, of the Georgia Code of 1933, relating to the incorporation of banks, etc., approved March 11, 1935 (Georgia Laws 1935, pp. 101, et seq.) is hereby amended by striking from Paragraph 3, as referred to in Section 1 of the Act, the word one wherever that word appears, and by substituting in

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lieu thereof the word two, so that Paragraph 3 appearing in Section 1 of the Act approved March 11, 1935, (Paragraph 3 of Section 13-901 of the Georgia Code of 1933) as amended, will read as follows: Code Section 13-901 and act of 1935 amended. 3. The amount of its capital stock which shall not be less than $25,000 where located in a town or city whose population does not exceed 7,500 according to the last preceding census of the United States and not less than $50,000 where located in a city or town whose population exceeds 7,500 according to said census: Provided further that banks may be chartered for a period of two years after the passage of this Act in towns, the population of which does not exceed 2,500 according to the last preceding census of the United States, in which no chartered banks are now located, with a minimum capital of not less than $15,000. Provided also that any bank now located in a town whose population does not exceed 2,500 according to the last preceding census of the United States, and having a capital of $25,000 last preceding census of the United States, and having a capital of $25,000 or more, may, within a period of two years from the date of passage of this Act, reduce their capital to $15,000 by amending their charter. Amount of capital stock. Section 2. The provisions of this Act shall take effect from and after its passage and approval by the Governor, the two years hereinbefore provided to run from the date of approval by the Governor. Effective date. Section 3. All laws and parts of last in conflict with this Act be and the same are hereby repealed. Approved March 27, 1941.

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COMPENSATION OF COURT REPORTER IN BRUNSWICK JUDICIAL CIRCUIT. 24-3103, 24-3104. No. 212. An Act to amend Sections 24-3103 and 24-3104 of the Code of Georgia of 1933, relating to the compensation of court reporters, by providing for additional compensation for the court reporter in the Brunswick Judicial Circuit; to repeal conflicting laws; and for other purposes. Be it and it is hereby enacted by the General Assembly of Georgia: Section 1. That Section 24-3103 of the Code of Georgia of 1933, relating to the compensation of official court reporters be and the same is hereby amended by adding at the end of said Section the following proviso: Sec. 24-3103 amended. Provided, however, that in addition to the compensation above provided, the official reporter of the Superior Courts of the Brunswick Judicial Circuit shall be paid, in the discretion of the presiding judge the sum of $15.00 per day for attending court each day the court shall be in session for the trial of civil cases before a jury, which sum shall be paid on the order of the presiding judge out of funds of the county in which the trial is had. Compensation of court reporter in civil cases. Section 2. That Section 24-3104 of the Code of Georgia of 1933, relating to the compensation of court reporters in criminal cases be and the same is hereby amended by adding at the end of said Section the following proviso: Sec. 24-3104 amended. In addition to the compensation provided in this Section, the official court reporter of the Superior Courts of the Brunswick Judicial Circuit of Georgia shall be paid, in the discretion of the presiding judge, the sum of $15.00 per day for attending court each day the presiding judge shall require said reporter to attend the court for the disposition

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of criminal cases without a jury, said additional sums to be paid on the order of the presiding judge as above provided. Compensation of court reporter in criminal cases. Section 3. All laws or parts of laws in conflict with this act are hereby repealed. Approved March 24, 1941. CONSOLIDATION OF SCHOOL DISTRICTS. 32-917. No. 125. An Act to amend Section 32-917 of the Code of Georgia of 1933 providing for the consolidation of school districts, for the holding of elections to pass on such consolidation, to provide for the declaration of results of such election, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that; Section 1. That section 32-917 of the Code of the State of Georgia for 1933 relating to the consolidation of school districts, providing for the holding of elections to pass on such consolidation, and for the declaration of the results of such election, be and the same is hereby amended as follows: By striking the word school in the second line of such section occuring immediately after the words the best interests of the, and substituting therefor the word schools; and by further striking the word schools where it occurs in the seventeenth line of said section immediately before the words shall be consolidated, otherwise not, and substituting therefor the word districts, so that the said section when so amended shall read as follows: Sec. 32-917 amended. 32-917. Consolidation or rearrangement of districts:Whenever in the opinion of the county board of

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education, the best interests of the schools demand, the board of education shall have the right to consolidate two or more districts or parts of districts into one district or to add any part of one district to any other district or to change the line or lines of any district at any time, for the purpose of electing the board of trustees and locating the school at some central place as in section 32-915 provided; but should as many as one fourth of the patrons of the said school or schools object to the consolidated (provided that said one fourth of said patrons shall consist of at least 10), it shall be the duty of the county superintendent of schools to call an election to be held in said district or districts affected, giving 30 days notice of same by publishing the same once a week for four weeks in the paper in which the county advertisements are published, and also by posting notices at three or more public places in the district or districts to be affected thereby, at which election should a majority of the qualified voters vote for consolidation, the districts shall be consolidated, otherwise not. The result of such election shall be determined and declared by the board of education and the same shall be held as other elections are held. Consolidation of school districts. Election called if more than 10 persons object. 30 day notice by publication. Section 2. Be it further enacted that this act shall take effect immediately upon approval thereof. Section 3. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 26, 1941.

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COUNTY BOARDS OF HEALTH. 88-201. No. 205. An Act to amend Code Section 88-201 of the annotated edition of the Georgia Code of 1933 (Acts of 1914, pages 124 and 125) by adding between the word county and the words or in counties in the fourth line of said code section the words or some other member of the Board of Roads and Revenues of the county appointed by said Chairman, 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 88-201 of the annotated edition of the Georgia Code of 1933 (Acts of 1914, pages 124 and 125) be and the same is hereby amended by adding between the word county and the words or in counties in the fourth line of said code section the following words or some other member of the Board of Roads and Revenues of the county appointed by said Chairman, so that said Section 88-201, as so amended, shall read as follows: Sec. 88-201 and Act of 1914 amended. 88-201. Creation; membership; terms of office; vacancies; authority.A county board of health for each county is hereby created, composed of three persons, two of whom shall be members of such board by virtue of their offices, to wit: the county superintendent of schools, and the chairman of the board of roads and revenues of the county, or some other member of the board of roads and revenues of the county appointed by said chairman, or in counties having no such board, the ordinary of said county, and one reputable physician elected by the grand jury of the county, at the session of the superior court for said county next preceding the regular January session

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of the county board of health of said county, or at any succeeding session of said court. The physician so elected shall hold office for a term of four years, and until his successor is elected and qualified. All vacancies shall likewise be filled by elections by the grand jury, and the person so elected shall hold office for the remainder of the term and until his successor is elected and qualified. The county boards of health shall have supervision over all matters relating to health and sanitation in their respective counties, with authority to declare and enforce quarantine therein subject to the provisions of this law. Creation, membership, terms. Vacancies. 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. Repealing clause. Approved March 24, 1941. COUNTY TAX LEVY FOR CONSERVATION OF NATURAL RESOURCES. 92-3701. No. 355. An Act to amend an Act entitled 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, etc., (Georgia Laws 1939, pages 201 et seq.) by providing that the said tax may be levied only upon the recommendation of two consecutive grand juries; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Act of the General Assembly entitled An Act to 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, etc., (Georgia Laws 1939, pages 201 et seq.) approved March 24, 1939,

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be and the same is hereby amended by adding to subsection 16 of Section 92-3701 of the Georgia Code of 1933 the following language: Code Section 92-3701 and act of 1939 amended. provided, however, no tax may be levied to pay for the conservation of natural resources, and fire protection of forest lands except upon the recommendation of two consecutive grand juries. so that subsection 16 of Section 92-3701 as provided in the said Act approved March 24, 1939, when amended will read as follows: Section 16. To pay for the Conservation of Natural Resources, and fire protection of forest lands. Provided, however, no tax may be levied to pay for the Conservation of Natural Resources, and fire protection of forest lands except upon the recommendation of two consecutive Grand Juries in Counties of this State having a population of not less than 13122 and not more than 13125 according to the United States census of 1940 and any future census of the United States. Tax for conservation of natural resources must have recommendation of 2 grand juries in certain counties before effective. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 27, 1941. CROPPERS AND SERVANTSHOLDING OVER. Title 61, Chapter 3. No. 382. An Act to amend Title 61, Chapter 3 of the Code of Georgia of 1933, so as to extend the provisions of said Chapter to include croppers and servants who continue to hold possession of lands and tenements after their employment as such has terminated, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of

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the same, that Title 61, Chapter 3 of the Code of Georgia of 1933 be, and the same is, hereby amended by adding a new section to said Chapter of said Title to be number 61-308 and to read as follows: Sec. 61-308 added. 61-308. The provisions of this Chapter shall apply to croppers and servants who continue to hold possession of lands and tenements after their employment as such has terminated, in the same manner as it relates to tenants. Applicable to whom. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this act be, and the same are, hereby repealed. Approved March 27, 1941. ELECTIONSHOURS OF HOLDING POLLS IN CERTAIN COUNTIES. 34-1302. No. 209. An Act to amend Section 34-1302 of the 1933 Code of Georgia, relating to elections, how and when held, by adding to the end of said Section the following sentence: In any precinct, in all counties having a population of not less than 37,000 population and not more than 41,000 population, according to the 1940 Federal census or any future Federal census, which precinct has a registration of 200 or more voters registered to vote in such precinct, such precinct shall be kept open from six o'clock a. m., to six o'clock p. m.; provided, however, the county registrars, or a majority thereof, certify to the fact that 200 or more voters are registered to vote in such precinct, and deliver such a certificate to the managers of such voting precinct before the opening of the polls for any election or primary nomination or election.

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Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, Section 34-1302 of the Code of 1933 be, and the same is, hereby amended by adding at the end thereof the following: 34-1302 amended. In any precinct, in all counties having a population of not less than 37,000 population and not more than 41,000 population, according to the 1940 Federal census, or any future Federal census, which precinct has a registration of 200 or more voters registered to vote in such precinct, such precinct shall be kept open from six o'clock a. m., to six o'clock p. m.; provided, however, the county registrars, or a majority thereof, certify to the fact that 200 or more voters are registered to vote in such precinct, and deliver such a certificate to the managers of such voting precinct before the opening of the polls for any election of primary nomination or election. Applicable only to certain counties. Hours of holding polls. 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 24, 1941. ELECTIONSHOW AND WHEN HELD. 34-1302. No. 202. An Act to amend Section 34-1302 of the Code of Georgia of 1933 relating to Elections, how and when held, by providing for a method to affect a change of the hours for opening and closing the polls for elections in certain precincts; and for other purposes. Be it enacted by the General Assembly of Georgia, and it hereby enacted by authority of the same:

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Section 1. That Section 34-1302 of the Code of Georgia of 1933, relating to Elections, how and when held, be and the same is hereby amended by adding at the end of said Section the following: Sec. 34-1302 amended. In any precinct where the foregoing provides for the opening of the polls at eight o'clock and closing them at three o'clock, the Ordinary may upon petition of any voters, have published a notice of said petition and the date fixed for the hearing of same, which hearing shall not be had less than ten days from the date of filing said petition; and at the hearing on said petition, upon good cause shown, the said Ordinary, may prescribe and fix the opening and closing hour of the polls for said election between seven A. M. and six P. M., or for some other hour of the day, so as to provide for the continuous balloting in said precinct for a period not less than seven hours between seven o'clock A. M. and six o'clock P. M. Should the Ordinary grant the petition for such a change, said order granting same shall be posted at the court house ground in said precinct, and at three other public places in said precinct, and said order for said change shall also be published once a week for four weeks in a newspaper in which sheriff's advertisements are published. Said order of change shall not go into effect until thirty days after the publication of the last of said weekly notices and the posting of said public notices. So that said Section, when amended, will read as follows: Addition to section. 34-1302. Elections, how and when held. The day of holding such elections shall be Tuesday after the first Monday in November in the even-numbered years, and the time of day for keeping open the elections shall be from seven o'clock A. M. to six o'clock P. M., at the courthouse, and from eight o'clock A. M. to three o'clock P. M., at the precincts. In incorporated towns and cities having more than one election precinct situated in the corporate limits of such incorporated town or city, such precincts, at all elections held, shall be kept open from seven o'clock A. M. to six

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o'clock P.M., and when there are in such incorporated towns or cities precincts other than the courthouse precinct for the holding of elections, the elections in such precincts shall be kept open for the same time and during the same hours as provided by law for keeping open elections at the court-house. In any precinct where the foregoing provides for the opening of the polls at eight o'clock and closing them at three o'clock, the Ordinary may, upon petition of any voters, have published a notice of said petition and the date fixed for the hearing of same, which hearing shall not be had less than ten days from the date of filing said petition; and at the hearing on said petition, upon any good cause shown, the said Ordinary may prescribe and fix the opening and closing hour of the polls for said election between seven o'clock A. M. and six o'clock P. M. or for some other hour of the day, so as to provide for the continuous balloting in said precinct for a period of not less than seven hours between seven o'clock A. M. and six o'clock P. M. Should the Ordinary grant the petition for such a change, said order granting same shall be posted at the courthouse ground in said precinct, and at three other public places in said precinct, and said order for said change shall also be published once a week for four weeks in a newspaper in which sheriff's advertisements are published. Said order of change shall not go into effect until thirty days after the publication of the last of said weekly notices and the posting of said public notices. Complete section, as amended. Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1941.

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ELECTIONSSECRET BALLOT. Chapter 34-19. No. 160. An Act To amend Chapter 34-19 of the Code of Georgia of 1933 relating to Elections by providing a new system of voting cumulative of those now in existance and providing further for a secret ballot in all primary and general elections in the State of Georgia; the qualification of candidates; and providing that the provisions of this Act shall be adopted upon the recommendation of one Grand Jury; to provide for the discontinuance of the provisions of this Act upon the recommendation of one Grand Jury; to provide for certain duties of the election manager when a ballot has been challenged, and further providing that the number strip shall not be removed from the challenged ballot; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same as follows: Section 1. That Chapter 34-19 of the Code of Georgia of 1933 be and is hereby amended by adding at the end of said chapter a new section to be known as 34-1914, which said section shall read as follows: 34-1914. Primary election; ballots, qualifications of candidatesIn all primary elections, it shall be the duty of the county or city executive committee, or other party authority of the political party holding the election, to provide official ballots, with the names of all candidates who have properly qualified in accordance with the rules of such party, printed thereon; such names to be arranged upon said ballots in alphabetical order as to candidates for the same office, said ballots to be numbered consecutively and to be bound together in blocks or pads in siuch manner that each ballot may be detached and

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removed separately. Each ballot shall have attached at the top thereof a number strip which may be easily detached, and each number strip shall have attached at the top thereof a stub which may be easily detached, with a blank space on said stub for the name of the voter, and printed thereon a letter of the alphabet or some other designation and a number, and the same designation and number shall be printed upon the number strip; but a different designation or letter shall be printed on the stubs and number strips attached to ballots used at various polling places, so that the stubs and number strips attached to ballots at no two places in the same county shall bear the same designation. When a voter shall apply for a ballot his name shall be written upon one of the stubs and he shall be given the number strip and the ballot which shall be detached from the stub upon which said voter's name is written. After said voter has prepared his ballot he shall fold the same in such manner that the manager may compare the designation and number on the number strip attached to said ballot with the designation and number upon the stub containing the name of the voter, and if said designation and the number be the same, the voter shall while in the presence of a manager detach the number strip from the ballot without exposing or disclosing the face of the ballot itself and deposit said ballot in the ballot box and then hand over the number strip to the manager to be preserved by him as part of the election records. On the ballot shall be printed such words as will enable the voter to express his choice, such as Vote for One, Vote for two, and the like; and the voter or elector shall erase, mark out or cancel the name or names of the candidate or candidates for whom he does not wish to vote. If at any time, the proper authorities of any political party shall submit to the members of such party any matter or questions to be voted upon, such authorities shall also have printed on each ballot the necessary language to guide the voter in the expression of his desire as to any such matter

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or question. All candidates for nomination for state and county offices including members of the General Assembly shall qualify as such candidates in accordance with the rules of the party calling the primary, not later than thirty (30) days previous to the holding such primary, and the committee or other party authority of such party shall not fix any other or different time limit for qualifications; provided, however, that this provision shall not apply to special primary elections to fill vacancies. Chapter 34-19 amended. New Sec. 34-1914 added. Executive committee, duties. Ballots. Number. Description. Voting, procedure. Secret voting. Candidates must qualify 30 days before election. Section 2. That Chapter 34-19 of the Code of Georgia of 1933 is hereby amended by adding at the end thereof a new section to be known as Section 34-1915 to read as follows: New Sec. 34-1915 added. If the right of a person offering to vote is challenged for any legal cause and if said voter takes the oath prescribed by Section 34-805, the election manager shall not permit the voter to remove the number strip attached at the top of the ballot and the manager shall write the word Challenged on the back of the ballot and the cause alleged for the challenge. With the number strip still attached to the ballot the voter shall then be permitted to deposit his ballot in the ballot box. No manager or other election official shall give any information in regard to a ballot cast by a challenged voter unless required by law to do so. Voter challenged. Section 3. That Chapter 34-19 of the Code of Georgia of 1933 be and is hereby amended by adding at the end thereof a new section to be known as 34-1916 which said section shall read as follows: Sec. 34-1916 added. All the provisions of Code Sections 34-1914, 34-1915, 34-1917, shall apply to general elections as well as primary elections. Applicable also to general elections.

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Section 4. That Chapter 34-19 of the Code of 1933 be and is hereby amended by adding at the end thereof a new section 34-1917 which section shall read as follows: Sec. 34-1917 added. This Act shall not be operative in any County in the State until it is first recommended to be put into force and operation by a resolution of one Grand Jury. It is the purpose of this Act to provide a new procedure for the holding of elections and primaries cumulative of those now in existence. Those counties which shall adopt the provisions of this Act shall be governed by the procedure outlined in Section 34-1902 through 34-1912 of the Code of Georgia of 1933, except those parts which are in conflict with the provisions of this Act; provided further, that if at the end of one year the Grand Jury of any county which has adopted the provisions of this Act shall desire to discontinue the same, the Act may be discontinued upon a resolution by said Grand Jury recommending that its use and operation be discontinued. If this Act is adopted by any County and afterwards discontnued, then the system of voting in effect at the time of adopting this Act shall without further action become effective in such County. Grand jury resolution. Discontinuance. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Repealing clause. Approved March 12, 1941. ELECTIONSSHERIFF AND CLERKVACANCY DEFINED. 24-2704. No. 161. An Act to amend Section 24-2704 of the 1933 Code of Georgia, pertaining to the method of giving notice of an election to fill the office of Clerk and Sheriff where a

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vacancy occurs, to provide for a definition of the word vacancy as applicable to Chapters 24-27 and 24-28, respectively, of the 1933 Code of Georgia in Counties not less than 37,000 and not more than 41,000 population; and to provide for a successor to said offices for the balance of an unexpired term; and to repeal all laws in conflict, herewith, and for other purposes: Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same that from and after the passage of this Act, Section 24-2704 of the 1933 Code of Georgia be amended by adding at the end thereof the following: Sec. 24-2704 amended. provided, however, the word `vacancy,' as aforesaid, and in chapters 24-27 and 24-28 of the 1933 Code of Georgia shall not mean and shall not be applicable in counties of not less than 37,000 population and not more than 41,000 population, according to the last or any future Federal census, to any case where the officer who, after being elected, and who, after having qualified in terms of the law for the office has in a written affidavit duly sworn to and filed with the local ordinary to be recorded in a book to be kept by him for such purpose, designated and appointed a chief deputy who was advertised during the campaign as a deputy in at least one issue in a newspaper of general circulation to become a deputy in the event of the election of the candidate subsequently elected; and provided further the person thus designated can, and does, qualify for the office, as now provided for by law for such office, to serve out the term for the person thus elected, Addition to section. so that said section 24-2704, when amended, shall read as follows: 24-2704. (4881) Vacancy. If a vacancy occurs (or will shortly), the ordinary of the county where it happens shall give notice in one or more of the public newspapers of

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said county (if any) and at the courthouse, and at three or more of the most public places of said county, 20 days previous to the day of election, which shall be appointed by him, provided, however, the word `vacancy,' as aforesaid, and in chapters 24-27 and 24-28 of the 1933 Code of Georgia shall not mean and shall not be applicable in counties of not less than 37,000 population and not more than 41,000 population, according to the last or any future Federal census, to any case where the officer who, after being elected, and who, after having qualified in terms of the law for the office has in a written affidavit duly sworn to and filed with the local ordinary to be recorded in a book to be kept by him for such purposes, designated and appointed a chief deputy who was advertised during the campaign as a deputy in at least one issue in a newspaper of general circulation to become a deputy in the event of the election of the candidate subsequently elected; and provided further the person thus designated can, and does, qualify for the office, as now provided for by law for such office, to serve out the term for the person thus elected. Vacancy defined. Section 2. Be it further enacted by the authority aforesaid that all laws in conflict, herewith be, and the same are, hereby repealed. Approved March 12, 1941. ELLIS HEALTH LAWCOUNTY OPERATION. 88-301. No. 440. An Act to amend Section 88-301 of the Code of Georgia of 1933 which provides how the so-called Ellis Health Law as embodied in Chapter 88-3 of said Code may be made operative in any county, by providing by additional method by way of an election by the people that said

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health law may be made operative in any county; to provide the manner and procedure of holding said election and declaring the results; to repeal conflicting laws; and for other purposes. Be it and it is hereby enacted by the General Assembly of Georgia: Section 1. That Section 88-301 of the Code of Georgia of 1933 relating to the manner by which the Ellis Health Law may be made operative in any county of this State be and the same is hereby amended by adding at the end of said Section the following: Sec. 88-301 amended. The provisions of Sections 88-303 to 88-312 of the Code of Georgia of 1933 may also be made operative in any county when a majority of the qualified voters of said county voting at an election held for said purpose shall have so expressed their wishes in the manner as hereinafter provided. When as many as one-fifth of the residents of the county, qualified to vote for members of the General Assembly, shall have filed a written petition with the ordinary of any county in which the Ellis Health Law is not now operative, asking said ordinary to call an election for the purpose of determining whether the Ellis Health Law shall become operative in said county, it shall be the duty of the ordinary within ten days from the date of filing of said petition to call an election for the purpose of submitting the said issue to the qualified voters of the county. The ordinary shall give notice of said election by publishing the same at least once in the official county organ thirty days before the date of the election. The ordinary shall have the authority to appoint election managers for the purpose of holding said election in the various precincts and the expenses of said managers and the other expenses of the election shall be paid out of the general funds of the county. The ordinary shall prepare the ballots for said election and

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on each ballot shall be printed the words for making the Ellis Health Law operative in this county and against making the Ellis Health Law operative in this county, and should a majority of the qualified voters voting in said election vote for making the Ellis Health Law operative in this county then the ordinary shall consolidate the returns and so declare the result, and said Ellis Health Law shall immediately become operative in said county. Should a majority of the qualified voters voting in said election vote against making the Ellis Health Law operative in this county then said result shall be declared by the ordinary and the Ellis Health Law shall not become effective in said county. Referendum. 30 days notice If at said election a majority of the voters vote against making the Ellis Health Law effective in the county, no further election upon said issue shall be held before the expiration of at least twelve months from the date of said election. After said Ellis Health Law shall have remained in operation in any county for a period of at least two years, either as a result of grand jury recommendation or an election as aforesaid, the operation of said Ellis Health Law may be suspended in any county upon the recommendation of two successive grand juries of said county. 12 months limit. Suspension. Section 2. All laws or parts of laws in conflict with this act are hereby repealed. Approved March 27, 1941. ESTATESDISTRIBUTION IN KIND. 113-1018. No. 200. An Act to amend Section 113-1018 of the Code of the State of Georgia of 1933 providing for distribution in kind of estates; 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 Section 113-1018 of the Code of the State of Georgia of 1933 be amended by adding at the end thereof the following: Sec. 113-1018 amended. Nothing in this section contained shall be construed as limiting or restricting the method of distribution provided for in a will, or as requiring the approval of the ordinary to a distribution or division in kind made pursuant to directions in a will; and in all cases where the will directs or authorizes a distribution or division in kind, but fails to specifically direct how, or by whom, such distribution or division in kind be made, it shall be the duty and authority of the executor, or the administrator with will annexed, to make such distribution or division in kind. Addition to section. So that said section, when amended, will read as follows: 113-1018. Whenever it is practicable, the ordinary may order a distribution of the estate in kind; which order may be granted on the application of the representative or any distributee of the estate. In all cases the applicant shall give at least 20 days' written notice to all parties in interest within this State who are of age, and to the guardians, if any, of minor distributees, and shall also give notice to any persons in interest residing out of the State, by publication of the same at least twice a month for two months in the newspaper in which the ordinary's official notices are published. Nothing in this section contained shall be construed as limiting or restricting the method of distribution provided for in a will or as requiring the approval of the ordinary to a distribution or division in kind made pursuant to directions in a will; and in all cases where the will directs or authorizes a distribution or division in kind, but fails to specifically direct how, or by whom, such distribution or division in kind be made, it shall be the duty and authority of the executor,

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or the administrator with will annexed, to make such distribution or division in kind. Distribution of estates in kind. Section 2. That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 23, 1941. EXPLOSIVESLICENSE AND REGISTRATIONPENALTY. 88-801, 88-802, 88-9927. No. 145. An Act to amend Section 88-801 of the Georgia Code of 1933 relating to registration by owners of explosives and obtaining a license authorizing the ownership, possession and control of the same by providing that the ordinary may refuse to issue a license upon the finding of certain facts; to amend Section 88-802 of the Georgia Code of 1933 relating to registration before purchase of explosives and the obtaining of a license authorizing the ownership or possession of the same by providing that the ordinary may refuse to issue a license upon the finding of certain facts; to amend Section 88-9927 of the Georgia Code of 1933 relating to the penalty provided for violating any of the provisions of Sections 88-801 to 88-806 relating to possession, sale or purchase, of explosives by increasing the penalty for the violation of any of said provisions; 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 I. That Section 88-801 of the Georgia Code of 1933 relating to registration by owners of explosives and the obtaining of a license authorizing the ownership, possession

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and control of the same be and the same is hereby amended by adding at the end of said Section the following: Sec. 88-801 amended. The ordinary may refuse to issue a license if he finds as a fact that the applicant is not sufficiently reliable or experienced to possess explosives or lacks suitable facilities therefor, has ever been convicted of a crime involving moral turpitude or is disloyal or hostile to the United States. So that said Section as amended will read as follows: It shall be unlawful for any person, association of persons, partnership, or corporation to have, own, possess or control within this State, any dynamite, nitroglycerine, guncotton, or any other high explosive of any name whatsoever, without first having registered his, their or its name with the ordinary of the county where such person, association of persons, partnership, or corporation resides or does business, in a book to be kept by said ordinary and to be known as the explosive register, wherein every such person, association of persons, partnership, or corporation shall register name, date of registration, place of residence, the amount and name of any such explosive on hand at the time of such registration, from whom purchased, when and where purchased, and the purposes for which purchased, stating where same is kept or stored at the date of such registration, and shall at the same time obtain from said ordinary a license authorizing such person, association of persons, partnership, or corporation, as the case may be, to own, possess and control same for a period of 90 days from the date of such registration in the county only where same is so registered. The ordinary may refuse to issue a license if he finds as a fact that the application is not sufficiently reliable or experienced to possess explosives or lacks suitable facilities therefor, has ever been convicted of a crime involving moral turpitude or is disloyal or hostile to the United States. Registration and license. 90 days. Ordinary may refuse to issue.

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Section II. That Section 88-802 of the Georgia Code of 1933 relating to registration before buying or in any other manner obtaining or procuring explosives and to the obtaining of a license authorizing the ownership and possession of the same be and the same is hereby amended by adding at the end of said Section the following: Sec. 88-802 amended. The ordinary may refuse to issue a license if he finds as a fact that the applicant is not sufficiently reliable or experienced to possess explosives or lacks suitable facilities therefor, has ever been convicted of a crime involving moral turpitude or is disloyal or hostile to the United States. So that said Section as amended will read follows: Before any person, association of persons, partnership, or corporation shall be permitted to buy, or in any other manner obtain or procure any of the explosives mentioned in Section 88-801, they shall first register with the ordinary, as provided in said Section, and shall enter on such register the name of the person, firm or corporation from whom they intend purchasing the said explosive, together with the name of the place or places where such person, firm or corporation resides or does business, the name and amount of such explosive intended to be purchased, the use for which same is to be purchased, the place or places where same is to be kept or stored, and shall at the same time procure from the ordinary a license authorizing such person, association of persons, partnership, or corporation to own and possess in said county where such registration is made, the amount of any such explosive for which application is made to said ordinary. The ordinary may refuse to issue a license if he finds as a fact that the applicant is not sufficiently reliable or experienced to possess explosives or lacks suitable facilities therefor, has ever been convicted of a crime involving moral turpitude or is disloyal or hostile to the United States. Registration and license. Ordinary may refuse to issue.

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Section III. That Section 88-9927 of the Georgia Code of 1933 relating to the penalty for violating any of the provisions of Sections 88-801 to 88-806 relating to possession, sale or purchase of explosives be and the same is hereby amended by striking the language shall be guilty of a misdemeanor and substituting in lieu thereof the following: Sec. 88-9927 amended. Shall on conviction be imprisoned for not more than five years and shall be fined not more than $5,000, either or both. So that said Section as amended will read as follows: Any person or corporation violating any of the provisions of Sections 88-801 to 88-806, relating to possession, sale, or purchase, of explosives, shall on conviction be imprisoned for not more than five years and shall be fined not more than $5,000, either or both. Punishment for violation. Provided, that the person or corporation violating the provisions of this act may be punished as for a misdemeanor on the recommendation of the jury trying the case. Provided, however, that nothing provided herein shall preclude the right of citizens of the State of Georgia to own and possess small fire arms, including shotguns, and ammunition therefor. The provisions of this bill shall not apply to said fire arms and ammunition. Recommendation of jury. Section IV. That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 6, 1941.

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FAILURE TO PAY FOR CERTAIN FARM PRODUCTSPENALTY. 5-9914. No. 347. An Act To amend Section 5-9914 of the Code of Georgia of 1933, wherein it is made unlawful to buy certain farm products without paying for the same, by adding between the word tar and the words or other products etc., the following: cattle, hogs, sheep, goats, horses, pecans, peaches, apples, watermelons, cantaloupes, and mules and by adding, between the word products and the word sold etc, the following: or chattles; 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 5-9914 of the Code of Georgia of 1933, be and the same is hereby amended by adding between the word tar and the words or other products etc., the following: cattle, hogs, sheep, goats, horses, pecans, peaches, apples, watermelons, cantaloupes, and mules and by adding between the word product and the word sold etc., the following: Or chattels, so that said Section, as amended, shall read as follows: Sec. 5-9914 amended. Section 5-9914. Failure to pay for cotton, corn, etc. Any person engaged, either on his own account or for others, in the business of buying cotton, corn, rice, crude turpentine, spirits of turpentine, rosin, pitch, tar, cattle, hogs, sheep, goats, horses, pecans, peaches, apples, watermelons, cantaloupes, and mules or other products or chattels sold by planters and commission merchants on cash sale, who shall buy such articles on sale from a planter or commission merchant for cash, and shall fail or refuse to pay for, and shall make way with or dispose of the same before he

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shall have paid therefor, shall be imprisoned in the penitentiary for not less than one year, nor more than five years. Failure to pay for certain farm productspenalty. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith, be and they are hereby repealed. Approved March 27, 1941. FRATERNAL BENEFIT SOCIETIESISSUANCE OF CERTIFICATES. 56-1638 No. 273. An Act to amend Section 56-1638 of the Code of Georgia of 1933 governing the issuance of benefit certificates by Fraternal Benefit Societies or Orders to Citizens of this State of Certain Contracts or Certificates called Contingent Endowment Certificates to be paid from special funds for that purpose, by means of dividing members into divisions and classes and to require such Fraternal Benefit Societies or Orders hereafter issuing such Certificates to place such members in divisions and classes in existence at the time of the passage of this Act; to require such Fraternal Benefit Societies or Orders to deposit with the State Treasurer of Georgia as security for the benefit of all Certificate Holders, Securities of the face value of Five Thousand Dollars, which are, by the laws of this State, a legal investment for the funds of Insurance Companies, the same to be approved by the Insurance Commissioner and to provide for an increase of said deposit by increasing said deposit in proportion to the number of Contingent Endowment Certificates or Contracts in force at the time of filing reports as hereinafter provided; to require such societies or orders to register with the Insurance Commissioner the name and

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address of each certificate holder, the number of each certificate, the amount of benefit, the division and class of each certificate holder, and the position of each certificate holder in such division and class and to provide that such information shall be confidential with the Insurance Commissioner and shall not be divulged to any other person; to prohibit any such Society or Order from issuing what is known as a Persistency Endowment Contract; to provide that if there shall be only one Certificate Holder in a division, and he should die, that the Contingent Endowment provided for shall be paid to the surviving member in such class whose Contract has been in force the longest period of time; to require the maintenance of a reserve upon such Contingent Endowment Contracts; to further regulate the issuance of such Contingent Endowment Certificates; to provide a penalty for the violation of this Act; to repeal conflicting laws; and for other purposes. Be it enacted and it is hereby enacted by the General Assembly of Georgia: Section 56-1638. (a) No Fraternal Benefit Society or Order, operating or hereafter operating in this State, shall hereafter be permitted to issue any Certificate or Contract to members providing for the grouping of its members into groups and divisions, classified according to age and providing for the payment of Contingent Endowment benefits by whatever name called, from special funds created for such purpose to the oldest member in seniority of the group and division, except as is hereinafter provided. Certificate, limitation on issuance of. Exceptions. (b) No Fraternal Benefit Society or Order shall hereafter issue such Contingent Endowment Certificate by whatever name called to a member, and place such member in any division and class other than a division and class in existence at the time of the passage of this Act and containing subsisting certificates.

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(c) No Fraternal Benefit Society or Order shall issue any such Contingent Endowment Certificate, by whatever name called unless it shall, within thirty (30) days after the passage of this Act, deposit with the Treasurer of the State of Georgia securities which are by the laws of this State a legal investment of the funds of Insurance Companies and of the face value of Five Thousand ($5,000.00) Dollars for the security of the payments of benefits to all Certificate Holders, said securities to be first approved by the Insurance Commissioner, and such Fraternal Benefit Society, or Order making such deposit shall hereafter, on or before the filing of the list of Contingent Endowment Certificate holders as provided in section (d) of this Act increase said deposit by the sum of Five Thousand ($5,000) Dollars in such securities for each additional one thousand (1,000) or fractional part thereof of all Certificate holders until said deposit shall amount to Twenty-Five Thousand ($25,000.00) Dollars. Said deposit to be subject to the provisions of Code Sections 56-302 to 305, inclusive. Deposit of securities. (d) Any such society or order desiring to continue the writing of said certificates after the passage of this Act, shall register with the Insurance Commissioner the name and address of each certificate holder, and the position of each certificate holder in such division and class, within thirty (30) days after the passage of this Act, and thereafter the same information shall be furnished to the Insurance Commissioner by the 15th day of January and again on the 15th day of July of each year. All of such information shall be confidential with the Insurance Commissioner and shall not be divulged by him to any other person. Registration. (e) After the passage of this Act, it shall be unlawful for any such Fraternal Benefit Society or Order to issue what is known as a persistency endowment contract, which is a contract that provides upon the death of a member

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of such class, division and age that an equal amount will be divided among the then living members of such class, division and age. Persistency endowment contracts prohibited. (f) If there shall be only one (1) certificate holder in a division and he should die without leaving a member in such division entitled to receive said contingent endowment, such society or order shall pay such contingent endowment to the surviving member in such class whose contract has been in force the longest period of time. Such society or order, in order to pay such endowments as they severally mature, as well as to pay all other benefits incorporated in such certificates or contracts, now or hereafter operating upon this plan in this State, shall establish and maintain on each such policy a reserve upon a basis not lower than the American Experience Table of Mortality, Modified Preliminary Term, Illinois Standard, and interest assumption of three and one-half percentum, covering each contingency provided for in such certificate. Payment when only one holder. Reserve required. (g) Any such society or order failing to comply with the terms of this Act or operating in violation of this Act, shall forfeit its right to do business in this State, and any officer of such society or order violating the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided in Section 27-2506 of the Code of Georgia 1933. Forfeiture of right to do business. Crime. (h) This Act shall become effective upon its approval by the Governor. Effective when. (i) All laws and parts of laws in conflict with this Act are hereby repealed. Repealing clause. Approved March 27, 1941.

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GEORGIA REAL ESTATE COMMISSIONMEETINGSHOW AND WHERE HELD. 84-1404. No. 450. An act to amend Section 84-1404 of the Code of Georgia of 1933 relating to the creation of the Georgia Real Estate Commission, appointment, qualifications, terms of office, vacancies, meetings, quorum, so as to provide for meetings of the Commission, co-operation with Commissions of other States and to do other acts and things for the advancement of the profession, and for other purposes: Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same: Section 1. That Section 84-1404 be and it is hereby amended by adding at the end of the section the following sentence: The Commission may hold its meetings in any County in this State over which it has jurisdiction. Members or anyone designated by the Commission in a spirit of co-operation and co-ordination may confer with similar commissions of other States and attend interstate meetings and generally do such acts and things as may to the Commission seem advisable in the advancement of the profession and the standards thereof, so that said section when amended will read as follows: Sec. 84-1404 amended. Georgia Real Estate Commission; Creation, Appointment; Qualifications; Terms of Office; Vacancies; Meetings; Quorum. The Georgia Real Estate Commission is hereby created. The Governor shall appoint three persons, two of whom shall constitute a quorum, who shall have been residents of this State for a period of at least ten (10) years and whose vocation for a period of at least five (5) years prior to the date of their appointment shall have been that

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of a real estate broker. The terms of the members shall be for three years and until their successors are appointed and qualified. Members filling vacancies shall be appointed by the Governor for the unexpired term. The Commission shall organize by selecting from its members a president and may do all things necessary and convenient to carry into effect the provisions of this Chapter and may from time to time promulgate necessary rules and regulations to carry out the provisions of this Chapter. The Commission shall thereafter meet at least once a month and remain in session as long as the chairman thereof shall deem it necessary to give full consideration to the business before the Commission. The Commission may hold its meetings in any County in this State over which it has jurisdiction. Members or anyone designated by the Commission in a spirit of co-operation and co-ordination may confer with similar Commissions of other States and attend interstate meetings and generally do such acts and things as may to the Commission seem advisable in the advancement of the profession and the standards thereof. Meetings, where and when held. Section 2. All laws and parts of laws in conflict with this law be and the same are hereby repealed. Approved March 27, 1941. HUNTINGOPEN SEASONS. 45-308. No. 443. An Act to amend Section 45-308 of the Code of Georgia of 1933 relating to the lawful open season for hunting game birds and animals in this State by providing that the open season for hunting Bobwhite quail in this State shall be uniform in every county of this State; and for other purposes.

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Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same: Section 1. Section 45-308 of the Code of Georgia of 1933 as it is now amended, relating to the lawful open season for hunting game birds and animals in this State be, and the same is hereby amended by adding after the words Bobwhite quail, Nov. 20 to March 1, inclusive, the words which shall be uniform in every county of this State. Uniformity in every county. Section 2. This Act shall operate to repeal so much of the Act approved March 24, 1939, providing for a different date for the commencement of open season for the hunting of game in certain territory in this State, as may be in conflict herewith, but the other provisions of the said Act not in conflict herewith shall remain of full force and effect. Repeal of conflicting laws. Section 3. That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved March 27, 1941. JURY COMMISSIONERS COMPENSATION. 59-105. No. 357. An Act To amend Section 59-105 of the 1933 Code of Georgia which provides for the compensation of Commissioners and Clerks for revising Jury Lists by striking the figure $2.00 and substituting in lieu thereof the figure $3.00 so that the pay of Jury Commissioners shall be increased from $2.00 for a day's service to $3.00; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that Section 59-105 of the 1933 Code of Georgia be

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amended by striking the figure $2.00 and substituting in lieu thereof the figure $3.00, so that said Section as amended shall read as follows: Code section 59-105 of 1933 code amended. 59-105Jury Commissioners shall receive $3.00 each day for every day's service in revising the Jury Lists, to be paid from the County Treasury. The Clerk of the Board shall receive $3.00 for each day's service, to be paid in like manner. Jury commissioner's compensation. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 27, 1941. LIENS AGAINST CONTRACTORSHOW ENFORCED. 67-2002. No. 265. An Act To amend Section 67-2002 of the Code of 1933 of Georgia providing how liens are declared and created, their record and priorities, so as to provide a means for the enforcement of such liens, without the necessity of a final judgment against a contractor, in certain instances. 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 sub-paragraph 3 of Section 67-2002 of the Code of 1933 of Georgia be and the same is amended by adding after the first sentence of said sub-paragraph the following: Sec. 67-2002 amended. In the event any contractor procuring material, labor or supplies for building, repairing or improving any real estate, building, or other structure shall abscond or remove from

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the State within twelve months from the date such labor, supplies or material are furnished him, so that personal jurisdiction cannot be obtained of said contractor in a suit for said material, labor or supplies, or if, after the filing of suit against such contractor, no final judgment can be obtained against him for the value of such material, labor or supplies, by reason of the bankruptcy of said contractor and his subsequent discharge from civil liabilities, then and in any of said events, the person or persons so furnishing material, labor or supplies shall be relieved of the necessity of obtaining judgment against such contractor as a prerequisite to enforcing a lien against the property improved by said contractor, and may, subject to the provisions of Section 67-2001 of the Code of Georgia, enforce said lien directly against the property so improved, in an action against the owner thereof, but with the judgment rendered in any such proceeding to be limited to a judgment in rem against the property improved and to impose no personal liability upon the owner of said property, provided, that in such action for recovery, the owner of the real estate improved, who has paid the agreed price, or any part of same may set up such payment in any action brought, and prove by competent and relevant evidence that such payments were applied as provided by law, and no judgment shall be rendered against the property improved, for a greater amount than that found still due the contractor, and provided further, except for the purpose of this section, Section 67-2001, Section 2 shall remain unaffected. so that said sub-paragraph of Section 67-2002, when so amended, shall read as follows: 3. The commencement of an action for the recovery of the amount of his claim within 12 months from the time the same shall become due. Action, commencement of. In the event any contractor procuring material, labor of supplies for building, repairing or improving any real estate,

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building, or other structure shall abscond or remove from the State within twelve months from the date such labor, supplies or material are furnished him, so that personal jurisdiction cannot be obtained of said contractor in a suit for said material, labor or supplies, or if, after the filing of suit against such contractor, no final judgment can be obtained against him for the value of such material, labor or supplies, by reason of the bankruptcy of said contractor and his subsequent discharge from civil liabilities, then and in any of said events, the person or persons so furnishing material, labor or supplies shall be relieved of the necessity of obtaining judgment against such contractor as a prerequisite to enforcing a lien against the property improved by said contractor, and may, subject to the provisions of Section 67-2001 of the Code of Georgia, enforce said lien directly against the property so improved, in an action against the owner thereof, but with the judgment rendered in any such proceeding to be limited to a judgment in rem against the property improved and to impose no personal liability upon the owner of said property, provided, that in such action for recovery, the owner of the real estate improved, who has paid the agreed price, or any part of same may set up such payment in any action brought, and prove by competent and relevant evidence that such payments were applied as provided by law, and no judgment shall be rendered against the property improved. Removal. Bankruptcy. Against property. Limitation of liability. As between themselves, the liens provided for in said section shall rank according to date, but all of the liens herein mentioned for repairs, building, or furnishing materials, upon the same property, shall, as to each other be of the same date when declared and recorded within three months after the work is done, or before that time. Liens, rank. Said liens specified in section 67-2001 shall be inferior to liens for taxes, to the general and special liens of laborers, to the general lien of landlords for rent when a distress warrant is sued out and levied, to claims for purchase money

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due persons who have only given bonds for titles, and to other general liens, when actual notice of such general lien of landlords and others has been communicated before the work was done or materials furnished; but the said liens provided for in said section shall be superior to all other liens not herein expected. Rank. Section 2. Be it further enacted by the authority aforesaid that this amendment of said Code Section shall become effective as of the date of the approval of this Act, but that the provisions hereof shall apply only to claims for material, labor or supplies furnished subsequent to the date of the approval of said Act, and shall not in any way enlarge or affect any obligation created prior to the approval of this Act. Effective date. Section 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 27, 1941. MEMBERSHIP OF HOUSE OF REPRESENTATIVES RE-APPORTIONED. 47-101. No. 346. An Act To amend Section 47-101 of the Georgia Code of 1933 relating to the apportionment of members of the House of Representatives among the several counties by re-apportioning the members of the House of Representatives among the several counties according to the last census of the United States; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same:

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Section 1. That Section 47-101 of the Georgia Code of 1933 relating to the apportionment of members of the House of Representatives be and the same is hereby amended by striking the words Jackson, Dodge, Brooks, Walton, and substituting in lieu thereof the words Coffee, Glynn, Upson, Whitfield, so that said Section as amended shall read as follows: Sec. 47-101 amended. The membership of the House of Representatives shall be as follows: Three members each from the Counties of Fulton, Chatham, Bibb, Richmond, DeKalb, Muscogee, Floyd, Troup; two members each from the Counties of Cobb, Carroll, Laurens, Thomas, Colquitt, Hall, Lowndes, Burke, Gwinnett, Sumter, Ware, Bullock, Walker, Clarke, Bartow, Polk, Coweta, Washington, Emanuel, Decatur, Mitchell, Spalding, Baldwin, Meriwether, Coffee, Glynn, Upson, Whitfield, Worth, Dougherty; and one member each from each of the other counties of the State. Membership of House of Representatives. Section 2. That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed. Approved March 27, 1941. OBSERVANCE OF SPECIAL DAYS. 32-1503. No. 364. An Act To amend Section 32-1503 of the Code of Georgia, 1933, so as to strike from the sixth subdivision thereof the words, first Friday in December, and insert in lieu thereof the words, third Friday in February. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of

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the same that Section 32-1503 of the Code of the State of Georgia of 1933 be, and the same is, hereby amended by striking from the sixth subdivision thereof the words, first Friday in December, and inserting in lieu thereof the words, third Friday in February, so that the section when so amended will read as follows: Sec. 32-1503 amended. 32-1503. Observance of special days.The county and local boards of education shall see that the following days are observed either by holidays or appropriate exercises and it shall be the duty of the State Superintendent of Schools to arrange programs for the proper observance of these occasions, and of the Superintendent and teachers to direct the attention of the pupils to these dates and topics by practical exercises: Observance of special days. 1. Thanksgiving Day, last Thursday in November. Days listed. 2. Uncle Remus Day, December 9. 3. Lee's Birthday, January 19. 4. Georgia Day, February 12. 5. Washington's Birthday, February 22. 6. Arbor and Bird Day, third Friday in February. 7. Memorial Day, April 26. (Acts 1919, p. 356.) 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 27, 1941.

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OFFICIAL COUNTY ORGANHOW SELECTED. 39-1103. No. 396. 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 and date of selecting the official organ when there are two or more newspapers published and qualified to be the official organ in all counties in the State of Georgia having a population of more than 21,020 and less than 21,024, according to the official census of the United States for the year 1940, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, Section 39-1103 of the Civil Code of Georgia, 1933, be and the same is hereby amended by adding a subsection, which shall read as follows: Sec. 39-1103 amended. Section 2. Provided that, in all counties of the State of Georgia having a population of more than 21,020 and less than 21,024 according to the official census of the United States for the year 1940, that from and after the passage of this Act it shall be the duty of the county commissioner of the board of county commissioners to select and designate a journal or newspaper qualified under this section to be the official organ of any county, as the official organ of said counties for the publication of sheriff's sales, ordinary's citations or any other advertising commonly known and termed as official or legal advertising such as is required by law to be published in the official newspaper of the county, provided said newspaper is published at the county site. Applicable only to certain counties. County commissioner to name official county organ.

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Section 3. Provided, further, that where there are published two or more journals or newspapers qualified under this section to be the official organ of said counties, the county commissioner of board or board of commissioners having authority under this Act, may at his or their discretion, from and after the passage of this Act, rotate for equal periods of time the official printing between said newspapers by causing to be published a notice of change of official organ in the newspaper where the official advertising may have been published and by entering said notice on the minutes of his or their court. Rotation of printing. 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 27, 1941. OSTEOPATHY REGULATED. 42-802, 42-806, 42-807, 42-808, 84-1207, 84-1209. No. 314. An Act To further regulate the practice of osteopathy, to increase the educational requirements of applicants for license to practice osteopathy, and to require certain fees of said applicants; to further define the practice of osteopathy, to authorize licensed osteopathic physicians to purchase, prescribe and/or use only for the alleviation of pain certain narcotic drugs, to-wit, those narcotic drugs or their derivatives, the sale or dispensing of which is regulated by the Federal Act known as `The Harrison Narcotic Act,' as amended, said Act being set out in 26 U. S. C. A. Int. Rev. Code, Section 3220 et seq., in the practice of their profession, to fix the rights, powers and privileges of licensees to practice osteopathy, and to amend Section 84-1207 of the Code of Georgia of 1933,

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and to amend Section 84-1209 of the Code of Georgia of 1933, and to amend Subsection (2) of Section 42-802 of the Code of Georgia of 1933, and to amend Subsection (b) of Code Section 42-806 of the Code of Georgia of 1933, and to amend Subsection (c) of Section 42-807 of the Code of Georgia of 1933, and to amend Subsection (1) of Section 42-808 of the Code of Georgia of 1933, so as to bring osteopaths within the purview of said Sections, insofar as the use of the above named narcotics or their derivatives for the alleviation of pain is concerned, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, Section 84-1207 of the Georgia Code of 1933 is hereby amended by striking the same in its entirety and substituting in lieu thereof the following: Code Sec. 84-1207 amended. 84-1207. Any person desiring to enter upon the practice of osteopathy shall make a written application through the Joint-Secretary, State Examining Boards, to the State Board of Osteopathic Examiners for a license to practice osteopathy, accompanied by a fee of Twenty-five ($25.00) Dollars, together with satisfactory proof that the applicant is at least twenty-one (21) years of age, is of good moral character, has a certificate of graduation from an accredited high school or other preparatory school requiring and giving four year courses of the same grade; a certificate showing the completion of not less than two years of college work, in an approved college of arts and sciences, and has obtained a diploma from some legally incorporated and reputable school of osteopathy, requiring a course of study of at least four terms of nine months each. Upon complying with these conditions, the State Board of Examiners, if satisfied with the same, shall admit said applicant to examination before them, which examination shall include the subjects as set out in the Osteopathic Acts of 1909, to-wit:

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Anatomy, physiology, chemistry, toxicology, pathology, diagnosis, hygiene, obstetrics, gynecology, surgery, medical jurisprudence, principles of osteopathy, and also bacteriology, and such other subjects as the Board may require. If the examination is satisfactory to the Board, and the applicant shall have made an average of seventy-five (75%) per centum on his examination on all subjects examined upon, with not less than sixty (60%) per centum in any one subject, the Board shall grant said applicant a certificate to practice as is provided in Section 84-1209 of the Georgia Code of 1933, as herein ameinded, which said certificate shall be a license to practice and when said license shall have been recorded by the Clerk of the Superior Court of the County in which he proposes to practice, for which he shall pay the same fee as for recording a deed. In case the applicant shall fail to pass a satisfactory examination he may at any subsequent meeting of the Board, within two years, have the privilege of a second examination with the payment of the usual fee of Twenty-five ($25.00) Dollars. Application to practice fee. Scope of examination. Grade certificate. Recording fee. Second examination. Second fee. Section 2. Section 84-1209 of the Code of Georgia of 1933 is hereby amended by adding at the end of said Section the following words, `Provided, however, osteopaths shall be authorized for the alleviation of pain only to use, mix, prepare, dispense and administer certain narcotic drugs, to-wit, those narcotic drugs or their derivatives, the sale or dispensing of which is regulated by the Federal Act known as `The Harrison Narcotic Act,' as amended, said Act being set out in 26th U. S. C. A. Int. Rev. Code, Section 3220 et seq.,' so that Section 84-1209 of the Code of Georgia of 1933 shall read as follows: Use of narcotics. Section 84-1209. The license provided for in this Chapter shall authorize the holder to practice osteopathy as taught and practiced in the legally incorporated and reputable colleges of osteopathy, as provided for in this Chapter; Provided, however, osteopaths shall be authorized for th eallevation of pain only to use, mix, prepare, dispense

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and administer certain narcotic drugs, to-wit, those narcotic drugs or their derivaties, the sale or dispensing of which is regulated by the Federal Act known as `The Harrison Narcotic Act,' as amended, said Act being set out in 26th U. S. C. A. Int. Rev. Code, Section 3220 et seq. Section 3. That subsection (2) of Section 42-802 of the Code of Georgia of 1933, be amended by adding thereto at the end thereof the following, `Osteopaths are also hereby authorized to secure a Federal narcotic permit as allowed physicians and other persons as provided in this Chapter; Provided, however, osteopaths shall be allowed to purchase, prescribe, dispense and administer for the alleviation of pain only, certain narcotic drugs, to-wit, those narcotic drugs or their derivatives, the sale or dispensing of which is regulated by the Federal Act known as `The Harrison Narcotic Act,' as amended, said Act being set out in 26th U. S. C. A. Int. Rev. Code, Section 3220 et seq, so that when amended said Subsection 2 of Section 42-802 of the Code of Georgia of 1933 shall read as follows: Federal permit. (2) Physician means a person authorized by law to practice medicine in this State and any other person authorized by law to treat sick and injured human beings in this State and to use narcotic drugs in connection with such treatment. Osteopaths are also hereby authorized to secure a Federal Narcotic Permit as allowed physicians and other persons as provided in this Chapter; provided, however, osteopaths shall be allowed to purchase, prescribe, dispense and administer for the alleviation of pain only, certain narcotic drugs, to-wit, those narcotic drugs or their derivatives, the sale or dispensing of which is regulated by the Federal Act known as `The Harrison Narcotic Act,' as amended, said Act being set out in 26th U. S. C. A. Int. Rev. Code, Sec. 3220 et seq. Physician defined. Section 4. Subparagraph (b) of Paragraph 1 of Section 42-806 of the Code of Georgia of 1933 is hereby amended

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by adding to said Subsection (b) at the end thereof the following: `And to an osteopath, provided, however, that an osteopath may buy or obtain for the alleviation of pain only, certain narcotic drugs, to-wit, those narcotic drugs or their derivatives, the sale or dispensing of which is regulated by the Federal Act known as `The Harrison Narcotic Act,' as amended, said Act being set out in 26th U. S. C. A. Int. Rev. Code, Section 3220 et seq.,' so that said Subsection (b) as amended shall read as follows: Sec. 42-806 amended. (b) To a physician, dentist or veterinarian and to an osteopath, provided, however, that an osteopath may buy or obtain for the alleviation of pain only, certain narcotic drugs, to wit, those narcotic drugs or their derivatives, the sale or dispensing of which is regulated by the Federal Act known as `The Harrison Narcotic Act,' as amended, said Act being set out in 26th U. S. C. A. Int. Rev. Code, Section 3220 et seq. Osteopath included. Section 5. Subsection (c) of Section 42-807 of the Code of Georgia of 1933 is amended by adding thereto at the end thereof the following: `An Apothecary only upon an official written order may sell to an osteopath in quantities not exceeding one ounce at any one time, aqueous or oleaginous solution of which the content of certain narcotic drugs, to-wit, those narcotic drugs or their derivatives, the sale or dispensing of which is regulated by the Federal Act known as `The Harrison Narcotic Act,' as amended, said Act being set out in 26th U. S. C. A. Int. Rev. Code, Sec. 3220, et seq., does not exceed a proportion greater than twenty per cent of the complete solution, to be used only for the purpose of alleviation of pain,' so that said Subsection (c) of Section 42-807, as amended, shall read as follows: Sec. 42-807 amended. (c) An apothecary only upon an official written order may sell to a physician, dentist or veterinarian in quantities not exceeding one ounce at any one time, aqueous or oleaginous solution of which the content of narcotic drugs

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does not exceed a proportion greater than twenty per cent of the complete solution, to be used for medical purpose. Medical purposes. An apothecary only upon an official written order may sell to an osteopath in quantities not exceeding one ounce at any one time aqueous or oleaginous solution of which the content of certain narcotic drugs, to-wit, those narcotic drugs or their derivatives, the sale or dispensing of which is regulated by the Federal Act known as `The Harrison Narcotic Act,' as amended, said Act being set out in 26th U. S. C. A. Int. Rev. Code, Section 3220 et seq., does not exceed a proportion greater than twenty per cent of the complete solution, to be used only for the purpose of alleviation of pain. Osteopath included. Section 6. Subsection 1 of Section 42-808 of the Code of Georgia of 1933 is hereby amended by adding at the end thereof the following words, `An osteopath in good faith and in the course of his professional practice only may prescribe, administer and dispense for the alleviation of pain only, certain narcotiv drugs, to-wit, those drugs or their derivatives, the sale or dispensing of which is regulated by the Federal Act known as `The Harrison Narcotic Act,' as amended, said Act being set out in 26th U. S. C. A. Int. Rev. Code, Section 3220, et seq., or he may cause the same to be so administered by a nurse or interne under his direction and supervision,' so that Subsection 1 of Section 42-808 of the Code of Georgia of 1933, as amended, shall read as follows: Administration of drugs. (1) A physician or a dentist in good faith and in the course of his professional practice only may prescribe, administer and dispense narcotic drugs, or he may cause the same to be administered by a nurse or interne under his direction and supervision. Physicians and dentists. An osteopath in good faith and in the course of his professional practice only may prescribe, administer and dispense

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only for the alleviation of pain certain narcotic drugs, to-wit, those drugs or their derivatives, the sale or dispensing of which is regulated by the Federal Act known as `The Harrison Narcotic Act,' as amended, said Act being set out in 26th U. S. C. A. Int. Rev. Code, Sec. 3220, et seq., or he may cause the same to be so administered by a nurse or intern under his direction and supervision. Osteopath included. Section 7. Be it further enacted that all laws or parts of laws which may be in conflict herewith are hereby repealed. Approved March 27, 1941. POSSESSING, LENDING OR TRANSPORTING OBSCENE LITERATURE. 26-6301. No. 283. An Act to amend Section 26-6301 of the Code of 1933 so as to include the possession, lending or transportation of any indecent or obscene pictures or literature, or articles of indecent and obscene use, among the acts prohibited and penalized by said Section; 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 26-6301 of the Code of 1933 be and the same is hereby amended by inserting in the third line thereof, between the words shall and give, the words lend or; and in the third line thereof, between the word to and give, the words lend or; and in the third line thereof, between the words or and having, the words who shall possess or; and in the eighth line thereof, between the words use and or the words or any book, pamphlet, magazine, newspaper or other printed paper devoted

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to the publication, and principally made up of pictures or stories of deeds of lust; and in the eleventh line thereof, between the words shall and be the words upon conviction; and by adding, at the end of said Section, the following paragraph, to-wit: Any person who deposits, or causes to be deposited, in any post office, within the State, or places in charge of an express company, or of a common carrier, or other person, for transportation, or for any purpose save the destruction thereof, any of the articles or things specified in Section 26-6301, as amended, or any circular, book, pamphlet, advertisement, or notice relating thereto, with the intent of having the same conveyed by mail or express, or in any other manner, except in the United States mail, shall, upon conviction, be punished by confinement and labor in the penitentiary for not less than one nor more than five years. However, upon the recommendation of the jury, said offense may be punished as for a misdemeanor; and by adding, at the end of the above and foregoing paragraph, the following paragraph, to-wit: Nothing in this Act shall be construed to alter or repeal Section 26-6301 of the Code of 1933 relating to Sale, etc., of obscene pictures. The General Assembly of the State of Georgia hereby expresses its intention that said Section shall stand and continue as the law of the State of Georgia, and that the present enactment shall only be supplementary thereto, so that said Section, when so amended, shall read as follows: Sec. 26-6301 amended. Section 26-6301. (385 P. C.) Sale, etc., of obscene pictures.Any person who shall bring, or cause to be brought, into this State for sale or exhibition, or shall sell or offer to sell, or shall lend or give away or offer to lend or give away, or who shall possess or having possession thereof, shall knowingly exhibit to another any indecent pictorial newspaper tending to debauch the morals, or any indecent or obscene book, pamphlet, magazine, newspaper or other printed paper devoted to the publication, and principally

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made up of pictures or stories of deeds of lust, or shall advertise any of said articles or things for sale, by any form of notice, printed, written, or verbal, or shall manufacture, draw, or print any of said articles, with intent to sell or expose or to circulate the same, shall, upon conviction, be punished by confinement and labor in the penitentiary for not less than one nor more than five years. However, upon the recommendation of the jury, said offense may be punished as for a misdemeanor. Sale of obscene pictures. Punishment. Any person who deposits, or causes to be deposited, in any post office, within the state, or places in charge of an express company, or of a common carrier, or other person, for transportation, or for any purpose save the destruction thereof, any of the articles or things specified in Section 26-6301, as amended, or any circular, book, pamphlet, advertisement, or notice relating thereto, with the intent to having the same conveyed by mail or express, or in any other manner, or who knowingly or wilfully receives the same, with intent to carry or convey, or knowingly or willfully carries or conveys the same by express, or in any other manner, except in the United States mail, shall, upon conviction, be punished by confinement and labor in the penitentiary for not less than one nor more than five years. However, upon the recommendation of the jury, said offense may be punished as for a misdemeanor. Transportation of obscene pictures. Punishment. Nothing in this Act shall be construed to alter or repeal Section 26-6301 of the Code of 1933 relating to `Sale, etc., of obscene pictures'. The General Assembly of the State of Georgia hereby expresses its intention that said Section shall stand and continue as the law of the State of Georgia, and that the present enactment shall only be supplementary thereto. Act supplementary. 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 27, 1941.

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RECIPROCAL AGREEMENTS IN OPERATION OF MOTOR VEHICLES. 68-1001, 1002, 1005, 1006. No. 261. An Act to repeal Section 68-1001 of the Georgia Code of 1933 providing for authority to State Revenue Commission to negotiate reciprocal agreements relative to the license tags of motor carriers; to repeal Section 68-1002 of the Code of 1933 providing that such reciprocal agreements shall be subject to confirmation by the General Assembly; to amend Section 68-1005 of the Georgia Code of 1933 providing for publicity and rules for observance of reciprocal agreements by striking therefrom the words The State Revenue Commission and inserting in lieu thereof the words The Governor of the State of Georgia, or a Commission appointed by him; and to amend Section 68-1006 of the Georgia Code of 1933 providing for the Governor to approve such agreements when the General Assembly is not in session; by striking therefrom the words by the State Revenue Commission or; which sections relate to reciprocal agreements with other states effecting the enforcement of the Acts relating to certain motor vehicles; and to provide for reciprocal agreements with other states and territories as to privileges of operating certain motor vehicles over the highways of this State; to provide the powers and duties of state agencies or departments in reference to the said reciprocal agreements; to provide the Governor of Georgia or a Commission appointed by him with authority to negotiate valid and binding reciprocal agreements as aforesaid, whereby the State of Georgia will recognize compliance with other states' motor vehicle laws when such other states recognize Georgia laws; and for other purposes. Be It Enacted By The General Assembly of Georgia:

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Section 1. That Section 68-1001 of the Georgia Code of 1933, which reads as follows: 68-1001. Authority to State Revenue Commission to negotiate reciprocal agreements.The State Revenue Commission is hereby authorized to negotiate with the proper authorities of other States and consummate reciprocal agreements, whereby residents of such States operating common or contract motor carriers licensed in their respective States may be granted the privilege and exemption of the operation of said motor vehicles on occasional trips and over irregular routes in this State as residents of this State may have and enjoy in said other States in the operation of motor vehicles duly licensed in this State. In the making of such agreements the State Revenue Commission shall have due regard for the advantage and convenience of the motor vehicle owners and other citizens of this State. (Acts 1937-38, Ex. Sess. pp. 617, 618). be and same hereby is repealed. Repeal of Sec. 68-1001. Section 2. The Governor of the State of Georgia or a Commission of three members to be appointed by him (without the necessity of confirmation by the Senate), and the members to hold office at his pleasure, is hereby authorized and directed to negotiate and consummate, with the proper authorities of the several states to the United States, the District of Columbia, and the territories of the United States, valid and binding reciprocal agreements whereby residents of such states, the District of Columbia, and the territories of the United States, operating motor vehicles, including common and contract motor carrier vehicles, properly licensed or registered in their respective states, the District of Columbia or territories of the United States, may have the same or substantially the same privileges or exemptions in the operation of their said motor vehicles in this State, as residents of this State may have and enjoy in the operation in such other states of their motor vehicles duly licensed and registered in this State. In the making of such agreements, due regard shall be had for the advantage

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and convenience of the motor vehicle owners and other citizens of this State. Reciprocal agreements between states. Section 3. That Section 68-1002 of the Georgia Code of 1933, which reads as follows: 68-1002. Same; agreements subject to confirmation by General Assembly.Any and all reciprocal agreements entered into by the said State Revenue Commission shall be subject to confirmation by Act or resolution of the General Assembly, and shall not be of force and effect until the passage of such and its approval by the Governor, except such reciprocal agreement or agreements as may be entered into while the General Assembly is not in session, in which case the same shall be submitted by the said Commission to the General Assembly not later than the tenth day of its next session; whereupon the Assembly may confirm or reject such agreement or agreements by appropriate Act or resolution approved by the Governor but pending passage and approval of such Act or resolution of confirmation or rejection the agreement or agreements made during the adjournment of the Assembly shall be of full force and effect according to their terms: Provided, however, that the State Revenue Commission shall have the authority and power to enter into reciprocal agreements only as to requirements for a license tag, registrations, and fees now placed by law under the authority of the said department, including maintenance tags and licenses. (Acts 1937-38, Ex. Sess. pp. 617, 618.). be and same hereby is repealed. Sec. 68-1002 repealed. Section 4. That Section 68-1005 of the Georgia Code of 1933, which reads as follows: 68-1005. Publicity; rules for observance of agreements.The State Revenue Commission and the Public Service Commission shall give proper publicity to the terms of every reciprocal agreement entered into by them or either of them pursuant to this Chapter; and they are hereby authorized and empowered to promulgate rules and regulations for the observance and enforcement

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of the terms of such agreement, which rules and regulations shall have the force and effect of law. (Acts 1937-38, Ex. Sess., pp. 617, 620.) be amended by striking therefrom the words The State Revenue Commission and inserting in lieu thereof the words The Governor of the State of Georgia or a Commission appointed by him, so that said Section when so amended shall read as follows: Sec. 68-1005 amended. 68-1005. The Governor of the State of Georgia or a Commission appointed by him, and the Public Service Commission shall give proper publicity to the terms of every reciprocal agreement entered into by them or either of them pursuant to this Chapter; and they are hereby authorized and empowered to promulgate rules and regulations for the observance and enforcement of the terms of such agreement, which rules and regulations shall have the force and effect of law. Publicity to be given agreements. Section 5. That Section 68-1006 of the Georgia Code of 1933, which reads as follows: 68-1006. Governor to approve when General Assembly not in session.All reciprocal agreements entered into by the State Revenue Commission or by the Public Service Commission while the General Assembly is not in session, shall be approved by the Governor. No reciprocal agreement shall be made, or approved hereunder except that manifest advantage will accrue therefrom to the citizens of this State. (Acts 1937-38, Ex. Sess., pp. 617, 620.) be amended by striking therefrom the words By the State Revenue Commission or so that said Section when so amended shall read as follows: Sec. 68-1006 amended. 68-1006. All reciprocal agreements entered into by the Public Service Commission while the General Assembly is not in session, shall be approved by the Governor. No reciprocal agreement shall be made, or approved hereunder except that manifest advantage will accrue therefrom to the citizens of this State. Approval by governor.

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Section 6. Nothing in this Act shall be construed to authorize the authority set up herein to make reciprocal agreements concerning the license and fees issued and collected by the Georgia Public Service Commission. License agreements prohibited. Section 7. That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 27, 1941. REGISTRARSBALLOTS FURNISHEDVOTING BY MAIL. 34-3301, 34-3305, 34-3309. No. 366. An Act to amend Code Sections 34-3301, 34-3305 and 34-3309 relating to voting by mail, so as to change the time for giving notice to the registrars; to fix the time for furnishing official ballots and blank forms to the Ordinary, and to the registrars; fix the time for mailing ballots to persons who have given notice of their desire to vote by mail; 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 34-3301 of the Georgia Code relating to the giving of notice to the registrars of the voter's intention to vote by mail, be, and the same is hereby amended by striking the figure 30 and substituting in lieu thereof the figure 10, so that said Section as amended shall read as follows: Sec. 34-3301 amended. Section 34-3301. Any voter, when required by his regular business and habitual duties to be absent from the city or county, ward or district in which he is registered, may vote by registered mail: Provided, that he

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shall give notice in writing of such intention to the registrars of his county, not less than 10 days nor more than 60 days prior to the primary or general election in which he may desire to participate. 10 days notice. Section 2. That Section 34-3305 of the Code relating to the registrars' duty of receiving applications, be, and the same is hereby amended by adding between the words and forward same to the applicant and the words by registered mail, the following language: Sec. 34-3305 amended. at least 9 days prior to the date of holding said election so that said Section as amended shall read as follows: Section 34-3305. The registrar, upon receipt of the application for ballot, shall satisfy himself that the applicant is duly qualified to vote in the county for which said application is made, and shall enroll the name and address of the applicant, if found eligible, in a book to be provided for the purpose, and make out the certificate and coupon attached, as hereinafter provided, and forward same to the applicant at least 9 days prior to the date of holding said election, by registered mail, general delivery (cost of same having been forwarded as hereinbefore provided), and shall also enclose in said letter: Duty of registrar. (a) An envelope containing the folded ballot, sealed and marked `ballot within.' (b) An envelope, for resealing the marked ballot, form of which is hereinafter provided, and called `voucher.' (c) A properly addressed envelope for the return of said ballot. (d) A printed slip, giving full instructions regarding the manner of marking the ballot, in order that the same may be counted, and the manner of preparing and returning the same, which printed slip shall be provided by the ordinary or executive committee.

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Section 3. That Section 34-3309 of the Code relating to the furnishing of blank ballots by the Ordinary to the registrars be, and the same is hereby amended by adding and inserting between the words registrars of said county and the words with a sufficient number of blank ballots the following language: Sec. 34-3309 amended. at least 10 days prior to the date of holding said election and by adding at the end of said Section the following language: Every officer of this State or of any political party, organization or association whose duty it is to furnish official ballots or blank forms necessary for any primary or general election shall furnish the same to the Ordinary of each county at least 15 days prior to the date fixed for holding said election. so that said Section as amended shall read as follows: Section 34-3309. It shall be the duty of the Ordinary of each county, at the expense of said county, to furnish the registrars of said county at least 10 days prior to the date of holding said election with a sufficient number of blank ballots, each properly sealed in an envelope marked `ballot within,' and take their receipt for same. Within five days subsequent to the election, the registrars shall return to the ordinary all unused ballots in their original sealed envelopes and a list of the voters who have been furnished ballots as provided in this Chapter. Every officer of this State or of any political party, organization or association whose duty it is to furnish official ballots or blank forms necessary for any primary or general election shall furnish the same to the Ordinary of each county at least 15 days prior to the date fixed for holding said election. Ballots to be furnished. Section 4. That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed. Repealing clause. Approved March 27, 1941.

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SEA FOODSTAXES AND REGULATIONS ONPENALTY. 45-812. No. 347. An Act to amend Section 45-812 of the Code of Georgia of 1933, and to amend the act of 1937, (Ga. Laws 1937, pp. 622, 624), relating to the taxation of distributors or dealers in oysters, shrimp, prawn and crab, by providing additional regulations for the taking and unloading of shrimp, and for making reports and payment of taxes on said shrimp; to provide for the enforcement of this Act; to provide penalties for the violation thereof; and for other purposes. Be it and it is hereby enacted by the General Assembly of Georgia: Section 1. That section 45-812 of the Code of Georgia of 1933, relating to the taxes upon distributors or dealers in oysters, shrimp or prawn, as amended by the act of 1924, (Ga. Laws 1924, pp. 101, 109), as amended by the act of 1937, (Ga. Laws 1937, pp. 622, 624), relating to the taxation of distributors or dealers in oysters, shrimp, prawn or crab, be and the same is hereby amended by adding at the end of said Section the following subsections to be numbered and to read as follows: Sec. 45-812 amended. (a) All boats licensed by this State to do commercial fishing, including those licensed to trawl for shrimp in the waters of this State, shall, before landing or unloading any shrimp or prawn caught in the waters of this State at any port or place other than in this State, shall first either land or unload or pay the tax hereinabove provided to the State of Georgia. At the time of landing, unloading or paying said tax, the captain or other person in charge of said boat shall furnish to the Inspector of Coastal Fisheries, or his

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duly authorized agent, a report, sworn to by the person making same, setting out in detail the number of pounds of shrimp or prawn caught in the waters of this State, the number of pounds caught outside the waters of this State and where said shrimp were caught and the dates and places where all said shrimp were caught. At the end of each month, or within five days thereafter, it shall be the duty of the distributor or dealer purchasing said shrimp or prawn for sale, shipping, packing or canning, to pay the tax above provided. Tax. Report. Payment, time. (b) The captain or any other person in charge of any boat or boats licensed to trawl for shrimp or prawn in the waters of this State shall, before trawling for shrimp or prawn beyond the three mile limit of waters adjacent to the waters of this State, notify the Inspector of Coastal Fisheries or his duly authorized agent, in writing, of said fact, so that said Inspector or his agent may determine whether the shrimp or prawn caught by such boat were caught beyond such three mile limit, or within the waters the waters of this State. In the event such a boat or boats shall fish beyond such three mile limit on any day without having given such notice to the Inspector or his agent, then it shall be conclusively presumed that all shrimp or prawn caught, landed and unloaded, as above provided were caught or taken within the waters of this State and are subject to the tax above provided. Inspector notified. (c) The Inspector of Coastal Fisheries or any other person or officer of this State, shall not issue a license for any boat to trawl for shrimp in the waters of this State unless and until the following requirements have been complied with: License. (1) Each such boat shall be assigned a number by the Inspector of Coastal Fisheries, under which such boat or boats shall be licensed and operated, and it shall be the duty of the owner or operator of said boat to paint on each side

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of the cabin or deckhouse thereof the number so assigned in numerals at least two feet in height, with the barrel of the numerals four inches in width, and the paint used for said purpose shall be different from and in clear contrast in color to the boat on which applied. Number assigned. (2) The number so painted on said boat shall not be covered at any time while said boat is trawling or fishing for shrimp or prawn by any cloth or other object so as to obscure or make the same invisible to the public or to any inspector or agent. The Inspector of Coastal Fisheries shall have the authority to issue a temporary permit to the owner or operator of any boat not now complying with these provisions under which said boat may be operated for a period not exceeding 15 days, during which time the owner or operator of said boat shall apply to the Inspector of Coastal Fisheries for a license for said boat and said Inspector shall assign a number to said boat and the person to whom said number is assigned, shall, within said 15 days and before the license for said boat is granted and delivered by the Inspector, paint said number on the boat as above provided. It shall be unlawful for any person to trawl for shrimp or prawn without having first complied with the provisions of this act, unless such person holds a permit which has not expired upon the boat used in such trawling. Number painted. Permit. 15 days. Section 2. Any person who shall trawl for shrimp or prawn in the waters of this State without having complied with, or in violation of, any of the provisions of this act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided in Section 27-2506 of the Code of Georgia of 1933; and in addition to such punishment, the Inspector of Coastal Fisheries, after such conviction, shall have the authority to revoke or suspend, either with or without a hearing, the license of any boat for six months or any part thereof. Crime. Section 3. Any person who shall make any false, fraudulent

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or wilfully incorrect report to the Inspector of Coastal Fisheries or his duly authorized agent, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided for in Section 27-2506 of the Code of Georgia of 1933. False reports. Section 4. All laws or parts of laws in conflict with this act are hereby repealed. Approved March 27, 1941. SEINING IN SAVANNAH RIVER. 45-505. No. 204. An Act To amend Section 45-505 of the Code of Georgia of 1933, relating to the mode of fishing in the fresh waters of this State by making it legal for residents of this State to fish in that part of the Savannah River bordering upon Elbert and Hart counties with the use of seines of a certain size; to provide the conditions under which this act shall remain operative; to repeal conflicting laws; and for other purposes. Be it and it is hereby enacted by the General Assembly of Georgia: Section 1. That Section 45-505 of the Code of Georgia be and the same is hereby amended by adding at the end of said Section the following proviso: Sec. 45-505 amended. Provided, however, that in that part of the Savannah River which is within the boundaries of Georgia and which borders upon the counties of Elbert and Hart it shall not be illegal for persons who hold a license to fish to take fish with seines provided the mesh of such seines shall not be less than one and one-half (1[Prime]) inches square. That this

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proviso shall remain operative only so long as the statutes of South Carolina authorize the taking of fish in the same manner from that portion of the Savannah River which is within the boundaries of the State of South Carolina and is now defined as Zone No. 2. Seining with 1[Prime] square mesh. Limit of time. Section 2. All laws or parts of laws in conflict with this act are hereby repealed. Approved March 24, 1941. STATE LIBRARIANCOMPENSATION. 101-103. No. 390. An Act to amend Section 101-103 of the Code of Georgia of 1933, relating to the salary of the State Librarian and Assistant State Librarian, by changing the salary of the State Librarian to three thousand ($3000) dollars per year from all sources; to repeal conflicting laws; and for other purposes. Be it and it is hereby enacted by the General Assembly of Georgia: Section 1. That Section 101-103 of the Code of Georgia of 1933, which fixes the salary of the State Librarian and the Assistant State Librarian be and the same is hereby amended by striking and repealing said Section as written and enacting in lieu thereof the following: Code Sec. 101-103 amended. 101-103. Salary of Librarian and Assistant. The salary of the State Librarian shall be three thousand ($3,000) per annum, and said officer shall not be entitled to any other fees or emoluments from any other source whatsoever. The salary of the Assistant Librarian shall be fifteen hundred ($1,500) dollars per year. Salaries. Section 2. All laws or parts of laws in conflict with this act are hereby repealed. Repealing clause. Approved March 27, 1941.

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STATE LIBRARIANFEES. 71-204. No. 368. An Act to amend Section 71-204 of the Code of Georgia of 1933, relating to the payment and disposition of fees paid by persons appointed as Notaries Public by the State Librarian, by repealing the provision allowing the Librarian to retain such fees as compensation for services, and providing that such fees shall be paid into the general funds of the treasury; to repeal conflicting laws; and for other purposes. Be it and it is hereby enacted by the General Assembly of Georgia: Section 1. That Section 71-204 of the Code of Georgia of 1933, relating to the payment and disposition of fees to the State Librarian for issuance of appointments to Notaries Public for the State at Large, be and the same is hereby amended by striking and repealing the last sentence of said Section which provides: Code Sec. 71-204 amended. The fee herein provided for shall be retained by the Librarian as compensation for services rendered in connection with said appointment; and enacting in lieu thereof the following: All such fees collected by the State Librarian shall, at the end of each month, be placed in the general funds of the State treasury and none of said fees shall be retained by the State treasury and none of said fees shall be retained by the State Librarian as compensation for services rendered. Fees to go in general funds. Section 2. All laws or parts of laws in conflict with this act are hereby repealed. Repealing clause. Approved March 27, 1941.

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SUPERIOR COURT CLERK'S BOND. 24-2713. No. 435. An act to amend Section 24-2713 of the Georgia Code of 1933 relating to the bond required of Clerks of the Superior Courts by providing that the amount of said bond may be changed by local acts; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same: Section 1. That Section 24-2713 of the Georgia Code of 1933 relating to the bond required of Clerks of the Superior Courts be, and the same is hereby amended by adding after the words with good security, the words unless changed to a less or greater amount by local acts. so that said Section as amended shall read as follows: Sec. 24-2713 amended. They also shall at the same time (except those appointed by the judges of the Superior Courts, and those becoming clerk by operation of law) execute bond in the sum of $3,000.00, with good security, unless changed to a less or greater amount by local acts. They shall have the power to appoint a deputy or deputies, and may require from them bonds with good security, who shall take the same oath as the clerks do before entering upon the discharge of their duties, and whose powers and duties are the same as long as the principal continues in office and not longer, for the faithful performance of which they and their securities are bound. Clerk's bond. Section 2. That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed. Approved March 27, 1941.

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TAX COLLECTORS AND TAX COMMISSIONERS MAY BE REQUIRED TO GIVE SURETY ON BOND. 92-4801. No. 444. An Act To amend Section 92-4801 of the Code of Georgia of 1933 relating to the bonds and the amounts and conditions of bonds of Tax Collectors and Tax Commissioners in the several counties of this State, by adding to said section, at the end thereof, the provision or provisions stipulating the kind and character of bonds to be given by said Tax Collectors and Tax Commissioners, and to provide for the approval thereof by the Ordinary, or the authority in said counties having charge of the fiscal affairs of said counties, and, to require that said bond or bonds be secured by a surety company authorized to do business in the State of Georgia, and, under certain conditions to authorize the fiscal agents of the said several counties to pay the premium or premiums on any of said surety bonds out of any funds in the Treasury of said counties. Provided this Act shall apply only to counties in this State having a population of not less than 23,250, nor more than 23,270 according to the United States census of 1940 or any future census, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and hereby it is enacted by the authority of same that section number 92-4801 of the Code of the State of Georgia of 1933 be and the same hereby is amended by adding at the end of said section the following additional provisions, to-wit: Sec. 92-4801 amended. Provided further that the Ordinary, or other officials in charge of the county affairs, to-wit: The Board of Commissioners of Roads and Revenues of any county of this state, or other authority in charge of the fiscal affairs of said

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counties, may require said Tax Collector or Tax Commissioner, as the case may be, to give, as security on their bonds, a surety company authorized to do business in the State of Georgia, and, when and where said surety bond is required, and is given, said Ordinary or other authority in charge of the fiscal affairs of said counties, to-wit: The Boards of Commissioners of Roads and Revenues, or Sole Commissioner, of the several counties, as the case may be, may, if they see fit, and hereby they are authorized to, pay the premium or premiums on said surety bonds to said surety companies, or any portion thereof, out of any funds of the several counties that may be available for said purposes. So that said section, when so amended, shall read as follows: Section 92-4801. Amount and Conditions of Bonds. Tax Collectors and tax commissioners shall give bond and security for 40 per cent. of the State tax supposed to be due from the county for the year for which said officer is required to give bond, the amount of bond to be filled up by the Comptroller General before being sent out to the county from the executive office; and shall give another bond with sufficient security, payable to the ordinary or other officials in charge of county affairs, conditioned for the faithful performance of his duties as tax collector or tax commissioner for the collection of the county tax, in a sum to be fixed by such ordinary or other county officials: Provided, however, that in no case shall the bond required on behalf of the State exceed $50,000, or the bond required on behalf of the county exceed $25,000, and Provided further that the Ordinary, or other officials in charge of the county affairs, to-wit: The Boards of Commissioners of Roads and Revenues of any county of this state, or other authority in charge of the fiscal affairs of said counties, may require said Tax Collector or Tax Commissioner, as the case may be, to

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give, as security on their bonds, a surety company authorized to do business in the State of Georgia, and, when and where said surety bond is required, and is given, said Ordinary or other authority in charge of the fiscal affairs of said counties, to-wit: The Boards of Commissioners of Roads and Revenues, or Sole Commissioner, of the several counties, as the case may be, may, if they see fit, and hereby they are authorized to, pay the premium or premiums on said surety bonds to said surety companies, or any portion thereof, out of any funds of the several counties that may be available for said purpose. Provided that this Act shall apply only to counties of this State having a population of not less than 23,270 nor more than 23,250 according to the United States census of 1940 or any future census. Amount and conditions of banks. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 27, 1941. TAX FOR SUPPORT OF PAUPERS. 92-3715. No. 142. An act to amend Code Section 92-3715 of the Code of 1933 for the State of Georgia as amended by the Act of the General Assembly approved March 31, 1937 and published in Georgia Laws 1937, pages 444-446, by striking the words one and one-fourth mills Where the same occur in said Code Section as so amended and inserting in lieu thereof two and three-fourths mills; to provide that said tax shall not exceed one and one-fourth mills except after approval by a two-thirds vote of two successive Grand Juries; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same:

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Section 1. That Section 92-3715 of the Code of 1933 for the State of Georgia as amended by the Act approved March 31, 1937 (as published in Georgia Laws 1937, pages 444-446) be amended by striking from said section the words one and one-fourth mills and inserting in lieu thereof the words two and three-fourths mills; provided that said tax shall not exceed one and one-fourth mills except upon the 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. 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 two and three-fourths 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. Pauper's tax. amended. 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 6, 1941.

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TITLE VI. GENERAL CIVIL AND PENAL LAWS. ACTS. Airports, Acquisition, Regulation, etc.Amendment. Cadastral Survey. Clerk of Superior Court's BondSurety. Constitutional AmendmentsPublication. Contractor's Licensing Board Abolished. Counties or Municipal Corporations May Appropriate Money or Property for Defense. County BudgetAct Amended. County BudgetAct Amended. County Employees Group Insurance. County Law Libraries. County Officers' Salaries Instead of FeesAct Amended. County Pension Act. County Police and Firemen's Pension Fund. County Purchasing Department Created. County Registrars Abolished. County SurveyorsVacanciesHow Filled. County Traffic Regulation. Criminal Balliffs in Certain Counties. Desecration of Burial Place Punished. Destroying Unsold Bonds. Eastern Standard TimeBoundry Changed. Election of County School Superintendent in Certain Counties. ElectionsIdentification of Voters. Election Primary for County OfficersWhen Held. Election PrimaryRecount Provided. ElectionsSolicitation of Votes Restricted. Fees and Costs in Divorce Cases. Fire Department MembersExemption from Tort Liability. Fireworks Defined. FireworksRegulation and Sale. General Assembly Candidates Must Designate Opponents. Handling of Poisonous Reptiles Prohibited. Highway Use RegulatedDimensions of Vehicles Restricted. Hospital ServiceNon-Profit CorporationsAct Amended. Insurance CompaniesVoluntary Deposits with the State Treasurer. June General State Election Law Repealed. Jury Commissioners and ClerksCompensation in Certain Counties. LicensesHunting and FishingSale and Distribution. Misdemeanor CasesDefendants to be Bound Over. Outdoor Amusements on Lord's Day. Pensions MunicipalAct Amended. Photostatic Copies by ClerksAct Amended. Police PensionsAct Amended.

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Priority of Claims for Labor and Material Furnished for Improvement On Real Property. Probation of Offenders in Certain Cases. Public Welfare LawsAdministration. Real Property Conveyed to Secure DebtReversion. Registration of Guests at Tourist Camps Required. Right of Eminent Domain Granted in Certain Counties. Salaries of Clerk and Sheriff in Certain Counties. Salaries of Clerks in Lieu of FeesAct Amended. Sale of FireworksLicense Required. Sanitary Sewers and Water Mains in Certain Counties. Seed Law for Georgia. Sparia Baptist Church Incorporation. Standards for Weights and Measures Established. Strikes Regulated. Survival of Suits By or Against Public Officers. Tax Collectors and Receivers FeesAmendments. Tax Collectors and Receivers FeesAmendments. Tax Collectors, Receivers and Commissioners' Compensation. Tax Commissioner's Commissions in Certain CountiesActs Amended. Taxicabs Must Deliver To Any Destination Within Corporate Limits. Trackless Trolleys Subjected to Same Laws as Street Railways. Unemployment Compensation Law Amended. Veterinarian's Office Abolished. Zoning and Planning Laws in Certain Counties. See also Part I Title V. AIRPORTS; ACQUISITION, REGULATION, ETC. AMENDMENT. No. 439. An Act to amend an Act entitled An Act providing for the acquisition, construction, operation and regulation of airports and other navigation facilities; declaring the ownership and operation of airports to be a public, governmental and municipal purpose; providing the right of condemnation for airport purposes by cities and other political subdivisions; providing for the issuance of bonds and for the levy of taxes for such purposes; and extending police regulations to such airports, approved March 23, 1933, by amending Section 1 thereof so as to provide that the acquisition, construction, operation and regulation of airports and other navigation facilities may be accomplished by Counties located on the boundary line between the State of Georgia and any other state, and by

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municipalities and other political subdivision in such Counties, either separately or jointly with each other or jointly with any County, municipality or political subdivision of any such border State and that such acquisition, construction, operation and regulation of airports and other navigation facilities may be carried on within or without the geographical limits of such border Counties and municipalities and political subdivisions therein located in the State of Georgia or within the geographical limits of any county, municipality or political subdivision of any such border State. Be it enacted by the General Assembly of Georgia and it is hereby enacted that Section 1 of the Act entitled An Act to provide for the acquisition, construction, operation and regulation of airports and other navigation facilities; declaring the ownership and operation of airports to be a public, governmental and municipal purpose; providing the right of condemnation for airport purposes by Cities and other political subdivisions; providing for the issuance of bonds and for the levy of taxes for such purposes; and extending police regulations to such airports, approved March 23, 1933, be amended by adding thereto the following provision to be known as: Act of 1933 amended. Section 1 (a) All Counties in the State of Georgia which are located on the boundary line between the State of Georgia and any other State, as well as all municipalities and other political subdivisions which are located in such boundary counties, are hereby authorized, separately, jointly with each other or jointly with any County, municipality or political subdivision of any such border State, to acquire, establish, construct, expand, own, lease, control, equip, improve, maintain, operate, regulate and police airports and landing-fields for the use of air craft, either within or without the geographical limits of such border counties and the municipalities and other political subdivisions therein contained

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in the State of Georgia or within the geographical limits of any County, municipality or political subdivision of any such border State other than the State of Georgia. Boundary line counties. Approved March 27, 1941. CADASTRAL SURVEY. No. 422. An Act to authorize any counties in this State having a population of not less than 85,000 and not more than 100,000 according to the United States official census or any future census, to provide through a cadastral survey, a field book system for real property identification and evaluation; to provide for use of survey stations thereof in connection with legal descriptions of land; to provide funds for the making of such surveys and the establishment and maintenance of such field book systems 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 from and after the passage of this Act, the Ordinary or Board of Commissioners of Roads and Revenues or other governing authorities of any county in this State having a population of not less than 85,000 and not more than 100,000 according to the United States official census or any future census, may establish, through a cadastral survey, a field book system for real property identification and evaluation, including card indexes or other authorized systems carrying any relative information in connection with the real property situated in any such county, and to provide for the use thereof in connection with legal descriptions of property in such county. Applicable only in certain counties. Section 2. For the purpose of providing funds for maintaining such a field book system and other records, a fee not

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in excess of twenty-five (25c) cents, in addition to the legal recording fees, may be charged and collected for each instrument affecting real estate which may be recorded, and the Clerk of the Superior Courts of any county in which such a system has been inaugurated shall collect such fees and remit same to the County Treasury; provided, that the Ordinary or board of Commissioners of Roads and Revenues or other governing authorities shall, by resolution duly entered upon their minutes, provide for the establishment and maintenance of such a field book system and shall fix the fees to be charged, not in excess of twenty-five (25c) cents for each instrument, and shall furnish the Clerk of the Superior Court with a certified copy of such minutes. Fee. Field book system. Section 3. Be it further enacted by the General Assembly that all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Repealing clause. Approved March 27, 1941. CLERK OF SUPERIOR COURTS BONDSURETY. No. 350. An Act to authorize the Clerks of the Superior Courts in all counties of the State, with a population of not more than 9835, nor less than 9825, according to the last official United States census, or any future census, to make official bonds incorporated fidelity company as surety thereon; to authorize and direct that the premiums thereon be paid out of the county treasury; 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 Clerks of the Superior Courts of this State, in counties having a population of not less than 9825

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nor more than 9835, according to the last official census of the United States, or any future census, may give as surety on their official bonds any standard incorporated fidelity company, to be approved by the ordinary of the County. Applicable only in certain counties. Surety. Section 2. The premiums on the bonds so given shall be paid out of the county treasury, out of any funds legally available therefor. Premiums. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Repealing clause. Approved March 27, 1941. CONSTITUTIONAL AMENDMENTSPUBLICATION. No. 342. An Act to amend Section 1 of the Act approved March 24th, 1939, (Ga. Laws, 1939, pp. 305, 307), relating to the publication of proposed constitutional amendments, by providing that such amendments shall be published in only one newspaper in each congressional district; to repeal conflicting laws; and for other purposes. Be it and it is hereby enacted by the General Assembly of Georgia: Section 1. That Section 1 of the Act approved March 24th, 1939, (Ga. Laws, 1939, pp. 305, 307), relating to the publication of proposed constitutional amendments be and the same is hereby amended by striking and repealing said Section as written and by inserting in lieu thereof the following: Act 1939 amended. 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

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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 the ayes and nays thereon shall have been entered upon their respective journals, it shall be the duty of the Governor to cause a complete transcript of each and every such amendment to be published in only one newspaper (to be chosen by the Governor) in each congressional district, for two months previous to the time of holding the next general election. The Governor may, in his discretion, if more than one such proposal is to be submitted to the people, publish all of said proposed amendments in one newspaper in each such district, or may divide such amendments between various newspapers in such congressional district. Publication of constitutional amendments. Designation of papers. Section 2. All laws or parts of laws in conflict with this act are hereby repealed. Repealing clause. Approved March 27, 1941. CONTRACTOR'S LICENSING BOARD ABOLISHED. No. 6. An Act to repeal an Act approved March 30, 1937, establishing a State Licensing Board for contractors, defining and regulating the practice of general road and street contracting; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act of the General Assembly approved March 30, 1937, entitled An Act to regulate the practice of general road and street contracting in Georgia; to define the terms used in this Act; to establish a State Licensing Board for Contractors; to provide the membership, terms of office, compensation, qualifications, rights and

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duties of the said Board; to provide for a Chairman, Vice-Chairman, Secretary and Treasurer of said Board; to provide for the adoption of a seal for the said Board; to provide for meetings, by-laws, and rules of the Board; to provide the duties of the Secretary of the Board; to provide for the application and licensing of contractors by the Board; to provide license fees; to provide penalties for the violation of this Act; to provide exemptions to this Act; and for other purposes, be and the same is hereby repealed, and the State Licensing Board created by said Act is hereby abolished. Contractor's licensing board abolished. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Repealing clause. Approved February 5, 1941. COUNTIES OR MUNICIPAL CORPORATIONS MAY APPROPRIATE MONEY OR PROPERTY FOR DEFENSE. No. 604. An Act to authorize counties, municipal corporations, and political divisions of this State to appropriate money, and to lease, lend, sell, or donate property, and to lend credit to the State of Georgia, and/or United States, for purposes of local, state, or national defense; 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 and every County, municipal corporation, and political division of this State, are hereby authorized to appropriate money, and to lease, lend, sell or donate property, and without limiting the generality of the foregoing, including army encampments, airports, landing fields, or air bases, and to lend

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credit, for purposes of local, State, or National defense, to the State of Georgia, and/or to the United States. Authorization. Section 2. Be it further enacted that if any section or portion of this Act shall be declared unconstitutional or invalid for any reason, the remaining portion or sections hereof shall not be affected. Constitutionality. Section 3. Be it further enacted that all laws, or parts of laws in conflict with this Act, be and the same are hereby repealed. Approved March 27, 1941. COUNTY BUDGETACT AMENDED. No. 437. An Act to amend an Act approved March 16, 1939, appearing in Georgia Laws 1939, pages 272-276, which Act is entitled: 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 purpose of the budget; for defining and classifying the revenue of the county and designating its uses; for prescribing the order and the 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

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in the budget and providing that warrants issued or obligations incurred in excess of appropriations shall be void as county obligations but shall be individuel 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, by striking entirely from said Act Section 9 and by substituting in lieu thereof an entirely new section to be known as Section 9, relating to apropriations in the budgets for the year 1941 and for subsequent years; by striking the last sentence of Section Five of said Act; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same that the above stated Act, approved March 16, 1939, and appearing in Georgia Laws 1939, pages 272-276, be and the same is hereby amended by striking from said Act Section 9 thereof and by substituting in lieu thereof an entirely new section to be known as Section 9, to read as follows: Act of 1939 amended. Section 9. For the year 1941, the authorities shall not be authorized to appropriate in the Budget an amount in excess of the average normal revenue collected from all sources for the calendar years 1939 and 1940; nor shall the authorities be authorized to appropriate in the Budget for the year 1942 and subsequent years an amount in excess of the average of the normal revenue collected from all sources for the three calendar years next preceding; except that should the normal revenue actually collected from all sources in any calendar year exceed the amount appropriated

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for such year, as based upon the average of the preceding years, as set forth in this paragraph, the authorities shall be authorized to expend same for any lawful purpose. Limitation of budget. Three calendar years. Section 2. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that said Act be further amended by striking from Section 5 (Acts 1939, page 274) the last sentence thereof which reads as follows: 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, so that said section when amended shall read as follows: 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 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. County authorities must estimate normal revenue. Section 3. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Repealing clause. Approved March 27, 1941. COUNTY BUDGETACT AMENDED. No. 385. An Act to amend an Act approved March 16, 1939, appearing in Georgia Laws 1939, pages 272-276, which Act is entitled: An Act to provide for a budget in all counties in this State having a population of two hundred thousand or

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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 purpose 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 or reallocation of appropriations in the budget and providing that warrants issued or obligations incurred in excess of appripriations 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. so as to amend the definition of the word Authorities wherever used in said Act; so as to provide the time of publication of the summary of the tentative budget in the event the first Monday in January falls upon a legal holiday; to add to the last word in the first sentence of Section 4 the words, and in one of the Atlanta newspapers of daily circulation; to provide for the restoration of county property damaged or destroyed by fire, windstorm or other casualty; to provide for the reallocation of funds appropriated during any current year; to provide for the allocation of funds appropriated during any

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current year; to provide for the allocation in future budgets of funds for purposes for which other funds were appropriated but not used; to add to the last sentence of Section 10 of said Act the words in the total budget; to add a new section to be known as Section 14-A providing that said Act shall not prevent the expenditure of monies derived from county bonds; 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 above stated Act approved March 16, 1939, appearing in Georgia Laws 1939, pages 272-276, be and the same is hereby amended in the following particulars, to-wit: Act of 1939 amended. Section 1. Section 1 of said Act which appears in Georgia Laws 1939, page 273, is amended by inserting in the second line of Section 1 before the words the Board of County Commissioners the words any person, persons or board having charge of the fiscal affairs of the county so that Section 1, as amended, shall read as follows: The word `Authorities' whenever used in this Act shall mean any person, persons or board having charge of the fiscal affairs of the county, 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. Authorities defined. Section 2. Be it further enacted that Section 4 of said Act which appears in Georgia Laws 1939, page 273, be and the same is hereby amended by inserting in the third line of said section after the word January the following words, namely: or on the next following business day if the said first Monday in January shall fall upon a legal holiday, and by adding to the first sentence of said section following the

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word appear the words and in one of the Atlanta newspapers of daily circulation, so that said Section 4, as amended, shall read as follows: Section 4. A summary of the tentative budget as compiled shall be published on or before the first Monday in January, or on the next following business day if the said first Monday in January shall fall upon a legal holiday, in the newspaper in which the sheriff's advertisements appear and in one of the Atlanta newspapers of daily circulation. 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 adjudgment 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. Budget must be published. Section 3. Be it further enacted that Section 8 of said Act which appears in Georgia Laws 1939, pages 274 and 275, be and the same is hereby amended by inserting after the word discretion in the last line on page 274 a new sentence to read However, should any property belonging to the county be damaged or destroyed by fire, windstorm or other casualty, the county authorities may appropriate at any time for the restoration of such property any amount realized from insurance thereon or from any authorized tax levy or from any available revenue, so that Section 8, as so amended, shall read as follows: 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

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the actual income exceed that anticipated in the budget this excess may be appropriated by the authorities in their discretion. However, should any property belonging to the county be damaged or destroyed by fire, windstorm or other casualty, the county authorities may appropriate at any time for the restoration of such property any amount realized from insurance thereon or from any authorized tax levy or from any available revenue. Should the anticipated income of the County 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. Budget must not be altered, exceptions. Section 4. Be it further enacted that Section 10 of said Act which appears in Georgia Laws 1939, page 275, be and the same is hereby amended by adding to the second sentence of said section following the word incurred the words in the total budget and by adding to Section 10 an entirely new paragraph to read as follows: In the event sums allocated for any purpose are not, for any reason, used for such purpose during the year in which they were allocated, said sums may be reallocated and transferred during that year to other items in the budget; and the purpose for which said sums were originally allocated but not used may be probided for, and said sums may be allocated for such purpose, in the budget of any future years, so that Section 10, as so amended, shall read as follows: 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,

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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 in the total budget. Allocated funds. In the event sums allocated for any purpose are not, for any reason, used for such purpose during the year in which they were allocated, said sums may be reallocated and transferred during that year to other items in the budget; and the purpose for which said sums were originally allocated but not used may be provided for, and said sums may be allocated for such purpose, in the budget of any future year. Section 5. Be it further enacted that said Act be amended by inserting an entirely new section to be known as Section 14-A to read as follows: Section 14-A. This Act shall not prevent the expenditure of any monies derived from bonds that are issued and sold by the authorities of the county in accordance with the laws of the State of Georgia. This act does not prevent bond expenditures. Section 6. Be it further enacted that each and every phrase, clause and part of this Act is separately enacted, and should any part or section of this Act be held invalid for any reason, it is hereby declared the intent and purpose of the Legislature that the remaining valid portions of this Act shall remain in full force and effect. Section 7. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 27, 1941.

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COUNTY EMPLOYEES GROUP INSURANCE. No. 449. An Act to authorize the Commissioners of Roads and Revenues, or other governing authority, of all Counties in the State of Georgia having a population of not less than 57,000 and not more than 80,000 according to the United States census of 1940, or any future United States census, to contract for group insurance for the benefit of County officers and employees, to make payroll deductions toward the payment of the premiums on such insurance; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Board of Commissioners of Roads and Revenues, or other governing authority, as the case may be, of each County in the State of Georgia having a population of not less than 57,000 and not more than 80,000 according to the United States census for the year 1940, or by any future census of the United States, is hereby authorized, in its discretion, to contract for, procure and maintain group life, accident or disability insurance upon and for the benefit of the officers and employees of such Counties. Employees group insurance in certain counties. Section 2. The governing authorities of such Counties are authorized to pay a part, to be determined in their discretion, of the premiums on such insurance out of the County treasury, and such sums that may be due by officers and employees toward the payment of such preimums may be collected by the County authorities by pay-roll deductions from the salaries or wages of such officers and employees. Payments by county and payroll deductions. Section 3. The term employee as used in this Act shall embrace all persons in the employ of such Counties and who receive money compensation from such Counties for their

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services, including employees of the County Department of Public Health, school teachers, and other employees under the jurisdiction of the County Board of Education, the Commissioners of Roads and Revenues, employees of the County Department of Public Welfare, all County officers as defined by the Constitution and laws of Georgia, the officers of any City and Municipal Court having jurisdiction throughout such Counties, and the Judge, Solicitor General and Official Court Reporter of the Judicial Circuit of which such County is a part. Employee defined. Section 4. Be it further enacted by the authority aforesaid that if any part of this Act should be declared unconstitutional, then and in that event the remaining part or portion of this Act shall remain in full force and effect. Section 5. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1941. COUNTY LAW LIBRARIES. No. 445. An Act to amend an Act which was passed by the General Assembly of Georgia in 1918 and approved August 17, 1918 (Georgia Laws 1918, page 170), entitled An Act to amend an Act giving all counties in this State having a population of one hundred thousand (100,000) or more, as fixed by the United States census, the right to establish and maintain law libraries for the use of the officers of the court, to pay the expenses thereof, to provide rules for the regulation and maintenance therefor, and for other purposes, approved August 14, 1915, and for other purposes, by striking the amount twenty-five hundred ($2500) dollars whenever it may appear in Section 1 of said Act,

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and by inserting in lieu thereof, the amount eighty-five hundred ($8500) 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 Section 1 of the Act approved August 17, 1918, (Georgia Laws 1918, page 170) be and the same is hereby amended by striking from said section the amount twenty-five hundred ($2500) dollars wherever it may appear, and by inserting in lieu thereof, the amount eighty-five hundred ($8500) dollars, so that said section when amended shall read as follows: Act of 1918 amended. Section 1. Be it enacted by the General Assembly of the State of Georgia, that Section 2 of the said Act approved August 14, 1915, be and the same is hereby stricken and the following is hereby inserted in lieu of Section 2 to become Section 2, that whenever it shall be determined by the Board of Commissioners of Roads and Revenues of the counties as specified in Section 1 of this Act or in the absence of such Board, by the Ordinary, a law library may be established as aforesaid provided that the total initial expense incident to the purchase of books and equipment shall not exceed five thousand ($5,000) dollars, and the total expenditure for librarian, books and all other expenses for the maintenance of such library shall not exceed eighty-five hundred ($8500) dollars per annum, after said libraries shall have been established to be paid for from the county treasury on order of the Commissioner or Ordinary, in such a way as may be determined under and by direction of the Board of Commissioners of Roads and Revenues, or in the absence of such Board of Commissioners of Roads and Revenues, the Ordinary. Expenditures, books and library. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 27, 1941.

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COUNTY OFFICERS SALARIES INSTEAD OF FEESACT AMENDED. No. 256. An Act To amend an Act entitled: An Act to change from the fee to the salary system in certain counties in Georgia, the Clerk of the Superior Court, (whether he be Clerk of the Superior Court or ex-officio Clerk of other Court or Courts); the Sheriff, the Ordinary, the Tax Collector, the Tax Receiver, and the Treasurer; to make provisions regulating the carrying out of such changes; to regulate the collection and disposition of costs; to provide for deputies, clerks and assistants to such officers; to provide for the payment of salaries and compensation of such officers, deputies, clerks and assistants; to provide for the furnishing the Sheriff in such counties with automobiles necessary for carrying on work of his office and for the operation, upkeep, and repair of the same; to provide for the necessary office expense of such officers; to provide that no county official, deputy, assistant, or member of the Board of Commissioners of Roads and Revenues, nor any chairman thereof, shall be paid any extra compensation not provided by existing law except as to legitimate expenses duly authorized by such board; to authorize the transfer of any deputy, clerk, assistant or stenographer from one county office to another from time to time when the exigencies of the case may require same; to provide for emergency help; to provide for the payment of such officers, deputies, clerks or assistants by the Treasurer of such county, and for the disbursement thereof by the Sheriff, Clerk, Ordinary, Tax Collector, and Tax Receiver; to abolish County Police in such counties, except such as shall be done through the Sheriff's office in such counties; to repeal conflicting laws

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or parts of laws; and for other purposes; so as to change the population limits therein fixed; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act that Act No. 55, approved February 26, 1935 (Acts 1935, pp. 353-61) whose caption is set forth in the caption hereof, be amended in Section 1 thereof by striking from said Section 1, wherever the same appears, the figure 72,500, and by inserting in lieu thereof the figures 76,000; and that said Section 1 of said Act No. 55, approved as aforesaid, be further amended by striking therefrom, wherever the same appears, the figures 77,000, and by inserting in lieu thereof the figures 83,000; and that said Section 1 of said Act No. 55, approved as aforesaid, be further amended by striking therefrom the figures 1930, and by inserting in lieu thereof the figures 1940; so Section 1 as amended hereby will read as follows: Act of 1935 amended. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the provisions of this Act shall apply to all counties in the State of Georgia having by the United States census of 1940, a population of not less than 76,000 inhabitants or more than 83,000 inhabitants, and to all counties in this State having, by any future census of the United States, a population of not less than 76,000 nor more than 83,000 inhabitants, and on the publication of said census any county not now having said population of 76,000 but by said new census having said population of 83,000 such county shall immediately automatically pass under the terms of this Act. In all such counties the fee system for compensating the officers herein named shall be abolished except those fees that are paid by the State to the Tax Collector and Tax Receiver, and the officers herein named shall hereafter be

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paid salaries as herein provided instead of fees as under the fee system except for the fees to be paid by the State as will hereinafter be provided. Applicable only to certain counties. Salary instead of fees. Section 2. Be it further enacted by the authority aforesaid, that said original Act, of which this Act is amendatory, shall have full force and effect in determining the rights and obligations of such counties and its officials and employee designated in said original Act that may have arisen under said original Act prior to the passage of this amendatory Act; but said original Act shall no longer remain in force, except as amended hereby, as to the future relationship of such counties, officials and employees that are designated in said original Act. Existing rights protected. Section 3. 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. Repealing clause. Approved March 25, 1941. COUNTY PENSION ACT. No. 408. An Act To empower all Counties in the State of Georgia having not less than 57,000 inhabitants and not more than 80,000 inhabitants according to the United States census of 1940, or any future United States census, to grant a pension to any retired employee who has become permanently and physically disabled in the service of such County; to authorize such Counties to grant a pension or other compensation to the dependents of any employee of said County, who loses his life or health as the result of injuries incurred in the line of duty and while actually engaged in the performance of his duties; to grant a pension

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to any employee who shall have served thirty years in the service of such County; to regulate the granting of such pensions and to prescribe conditions under which they may be paid, suspended or revoked, and to limit the amounts 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 all Counties in the State of Georgia having a population of not less than 57,000 and not more than 80,000 according to the 1940 census of the United States or any future United States census, be and they are hereby empowered as follows: Applicable only in certain counties. Section 1. Such Counties shall have the power and the authority to grant a pension to any retired employee of any department of such County who has become permanently and totally disabled in the performance of his duties in the service of such County. To authorize the granting of a pension, such employee shall have had at least thirty years continuous service in the employ of such County; except that absence from service for a period of not exceeding twelve months shall not preclude the granting of a pension if the entire period of actual service aggregates thirty years. Pensions to employees. Length of service. Section 2. Such Counties shall have the power to grant a pension or other compensation to the dependents of any employee of such Counties or any department thereof, regardless of the length of service, where and when such employee loses his life or health or becomes totally and permanently disabled as the result of injuries incurred on an occasion while actually engaged in the performance of his duties in the employ of such County. Dependents of employees. Section 3. Pensions granted under the provisions of this Act may be payable monthly or at any other periodic interval that the Commissioners of Roads and Revenues, or other governing authority of such Counties may determine,

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but the pension provided for herein shall be in such an amount as to never exceed fifty per cent of the last regular monthly salary or wages of the employee to whom or on whose account such pension is granted, and provided further, that no pension granted under the authority of this Act shall ever exceed the sum of $60.00 per calendar month. The compensation provided for under Section 2 of this Act to the dependents of an employee who loses his life in the performance of his duty may be in addition to any pension granted such dependents, but such compensation shall be limited to payments of or on account of funeral expenses and expenses of last illness of such officer or employee, including medical care, nursing and hospitalization. Pension payments. Section 4. The granting or refusing of a pension shall in all cases be discretionary with the Commissioners of Roads and Revenues or other governing authority of such Counties, and action granting each pension shall, in case, be by a separate and independent resolution adopted by the Commissioners of Roads and Revenues or by order of other governing authority, as the case may be. Discretion. Section 5. Any pension heretofore or hereafter granted to any employee of such Counties, or to his dependents, shall be revocable in whole or in part at any time at the will of the Commissioners of Roads and Revenues of such Counties or other governing authority, and such pensions may be suspended or discontinued with or without cause at any time. Revocable. Section 6. The Commissioner of Roads and Revenues, or other governing authorities, of such Counties are hereby vested with full and complete power, authority and discretion to determine when and to what extent an employee is disabled, to determine when an employee has lost his life or health in the performance of his duty, to determine when an employee has become totally and permanently disabled,

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and to determine all questions regarding dependency, and to determine any and all other facts relating to the granting, refusal, suspension or revocation of pensions, compensation or other gratuities under this Act. Disability, determination. Section 7. This Act shall not create a contractual relation between such Counties and any employee, and no contractual relation can arise between such Counties and its employees or any of them by virtue of the authority contained in this Act. This Act is to be liberally construed in order to effectuate the general purposes hereof. Not contractual. Section 8. The intention of this Act is to authorize the governing authority to provide a pension system for employees of such Counties, and such Counties are authorized and empowered to appropriate money out of the County treasury not otherwise appropriated to carry out the purposes of this Act. Purpose of act. Section 9. The term employee as used in this Act shall be deemed to embrace all persons performing regular service in the employ of such Counties, but the terms of this Act shall not apply to any officer elected by the people, to the County Physician, the County Surveyor, County Engineer or the County Attorney. Employee defined. Section 10. Should any Section, Paragraph or clause of this Act be declared unconstitutional or invalid, then the remainder of the Act shall not be affected thereby. Constitutionality. Section 11. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 27, 1941.

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COUNTY POLICE AND FIREMEN'S PENSION FUND. No. 247. An Act to amend an act approved March 16, 1939, (Georgia Laws, 1939, page 278), entitled 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 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 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 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 garnishment, attachment, 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 or involuntarily by dismissal shall be paid two-thirds of such total amount from his salary or wages: To provide that if any part of this act shall be

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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 workmen's compensation law or other similar laws: To repeal conflicting laws: And for other purposes, so as to provide that all of the terms and provisions of said Act shall be so extended and construed as to embrace and include the members of the Fire Department of such counties in active service; so as to provide that the authorities of such counties shall contribute from the Treasury of such counties annually the sum of Twenty Thousand ($20,000.00) Dollars to said Pension Fund in lieu of any other contribution; and for other purposes. Be it enacted by the General Assembly of Georgia that the Act approved March 16, 1939 (Georgia Laws, 1939, page 278) entitled, An act to provide that counties having a population of more than two hundred thousand (200,000) by the United State 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 provide for 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 in case of total disability resulting from such service, and how such 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 said funds under certain conditions; to provide

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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 garnishment, attachment, 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 or involuntarily by dismissal shall be paid two-thirds of such total amount 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 workmen's compensation law or other similar laws; to repeal conflicting laws; and for other purposes, be and the same is hereby amended as follows: Act of 1939 amended. Section 1. Wherever in the title and body of said act the expression and term, Police Department, members of the police department, Policeman, Police Officer, or any other name or term referring to the members of the County Police Department, said terms and expressions shall be so extended and construed as to include the members of the Fire Department, if any, in active service of such counties. Term Police Department extended to include Fire Department. Section II. Be it further enacted that all of the terms, conditions, provisions, benefits and pensions of said Act shall apply to and include all members of the Fire Department, if any, of such counties, in active service (officers as well as ordinary firemen) and all members of said county Fire Departments shall be entitled to receive pensions and benefits under said act to the same extent and degree as the members of the County Police Departments, and deductions shall be made from the salaries of the members of the County Fire Departments in the same amount and in the same manner, as provided in said Act. All provisions of pension act to extend to and include firemen.

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Section III. Be it further enacted by the authority aforesaid that all members of the Fire Departments of such counties shall be governed by the regulations, rules and provisions adopted by the Board of Trustees of the Police Pension Fund relative to the payment of pensions which are now in force or may hereafter be adopted. Fire departments to be governed by same pension rules as police department. Section IV. Be it further enacted by the authority aforesaid that hereafter the Board of Trustees, as set up in said Act, shall be known as the Board of Trustees of the Police and Firemen's Pension Fund, and the fund accumulated pursuant to said act and this amendment thereto shall be known as the Police and Firemen's Pension Fund. Section V. Be it further enacted by the authority aforesaid that said Act be further amended by striking therefrom Section 10 of said Act (Acts 1939, page 282), in its intirety and inserting in lieu thereof the following, to be known as Section 10, to-wit: Section 10. The Board of Commissioners of Roads and Revenues or other county authorities in charge of the fiscal affairs of such counties, shall cause to be paid through the Treasurer of such county the sum of Twenty Thousand ($20,000.00) Dollars per annum into said fund, said pension fund, said amount to be paid in equal monthly installments. Amount to be paid into pension fund. Section VI. 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, 1941.

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COUNTY PURCHASING DEPARTMENT CREATED. No. 426. An Act to create and establish a Purchasing Department in all counties of this State having a population of two hundred thousand or more by the United State census of 1940 or by any future United States census; to authorize the employment in such counties of a County Purchasing Agent; to fix his bond, compensation and terms of office; to define his duties; to provide for the employment by the county authorities of such assistants to the County Purchasing Agent as may be necessary to maintain and carry out the functions of a county purchasing department; to provide for the filling of vacancies in the office hereby created; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same: Section 1. There is hereby created in each county in this State having a population of two hundred thousand or more according to the United States census of 1940 or any future United States census, a County Purchasing Department, which shall be set up, established and maintained under the jurisdiction of the Board of Commissioners of Roads and Revenues or other county authority. County purchasing department created in certain counties. Section 2. The County Purchasing Department shall be under the direction and supervision of a County Purchasing Agent, who shall be appointed by the Board of Commissioners of Roads and Revenues or other county authority for a term of one year commencing January 1 of the year 1942 and each year thereafter, except that the first appointment shall be made within thirty days after the approval of this Act and shall extend until December 31, 1941, and

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said purchasing agent shall be subject to removal from office by said county authority at any time during his tenure of office for just cause. County purchasing agent appointed. Section 3. Said County Purchasing Agent shall for himself and his assistants give a blanket bond in the sum of Twenty-five Thousand ($25,000) Dollars payable to the Board of Commissioners of Roads and Revenues or other county authority, conditioned upon the faithful performance by said official and his assistants of all duties devolved upon them under this act and for the faithful accounting to such county authority for all goods, supplies and money that may come into their hands in their official capacities and to indemnify and save such county authority harmless for and on account of all of their acts in said positions, said bond to be given by said official before entering upon the discharge of his duties and maintained by said official during his entire term, and to be approved by said county authority and filed in the office of said county authority. The premium on said bond shall be paid out of the county treasury. Bond to be given by purchasing agent. Section 4. The compensation of said County Purchasing Agent shall be an annual salary, payable monthly, fixed by the county authority and paid out of the county treasury. Compensation Section 5. The Commissioners of Roads and Revenues of the County or other County authority is also authorized to employ such assistants as may be necessary to maintain and carry out the functions of the county purchasing department and fix their salary. Assistants to be employed. Section 6. In the event of a vacancy in the office of County Purchasing Agent, by death, resignation, or otherwise, the said county authority is authorized to appoint a successor to serve as County Purchasing Agent until the expiration of his term of office. Vacancy. Section 7. Except as otherwise provided in this Act, the County Purchasing Agent shall: Purchasing agent's authority.

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1. Have sole power to purchase and supervise the storage and distribution of all supplies, materials or equipment required by any department, office, officer, board, commission or other agency of the county payment for which is made from the county treasury, except those required by the departments under the jurisdiction of the County Board of Education and the County Board of Public Welfare. 2. Prepare and keep on file in his office specifications for all supplies, materials and equipment to be purchased by him, furnishing copies of the same to prospective bidders on request and to the agencies for which the purchases are made, and require certification from such agencies that deliveries are correct as to quality, quantity, and conformance to specifications. 3. Keep at all times a record of all purchases made by him and of all emergency purchases made by the agencies for which he is authorized to purchase, as well as the amount paid for each item so purchased. 4. Keep and maintain at all times an inventory of all property owned by the county and for that purpose consolidate the inventories furnished by individual county officers pursuant to Section 91-801 of the Georgia Code of 1933. Section 8. All supplies, materials and equipment shall be purchased or procured by the County Purchasing Agent, except those for the use of the departments under the purisdiction of the County Board of Education and the County Board of Public Welfare; provided, that in the event of an emergency requiring an immediate purchase involving an expenditure of less than one hundred ($100) dollars, the agency for whose use such supplies, materials or equipment are necessary may purchase them directly under regulations

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adopted by the Board of Commissioners of Roads and Revenues or other county authority, making a report thereof to the County Purchasing Agent. Section 9. If the several parts of the work or labor to be done or the supplies, materials and equipment to be furnished, or both, shall together involve the expenditure of more than five hundred ($500) dollars, such work or labor or supplies, materials or equipment shall be procured only by contract on public letting founded on sealed bids under such regulations as shall be made by the Board of Commissioners of Roads and Revenues or other county authority. The terms of such contracts, subject to such regulations and in confromity with law, shall be settled by the county attorney as an act of preliminary specification to a proposal for bids. The agency letting the contract may reject all bids if it shall deem it for the interest of the county so to do; if not, it shall, without other consent or approval, award the contract to the lowest responsible bidder. Such bids shall not be accepted after the time limit stated in the proposal for bids, and shall not be opened except in the presence of both the County Purchasing Agent and the head of the agency for whose uses the items to be contracted for are necessary. Tie bids shall be decided by the agency letting the contract. Whenever a contract is awarded to another than the lowest bidder, the agency awarding the same shall file in its office and with said county authority a statement in detail of the reasons therefor. Public letting and bids. Section 10. If the several parts of the work or labor to be done or the supplies, materials and equipment to be furnished, or both, shall together involve an expenditure of not more than five hundred ($500) dollars, the same may be procured on order awarded to the lowest responsible bidder upon written bids submitted without public advertisement, under such regulations as shall be made by the county authority; and, if the same shall involve an expenditure of

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one hundred ($100) dollars or less, such bids need not be written but a record thereof shall be made by the agency procuring the same and filed in the office of the County Purchasing Agent. Purchases of ten ($10) dollars or less may be made without competition. Bids need not be advertised if under $500. Section 11. No expenditure for work, labor, supplies, materials or equipment under contract shall be made unless the necessity thereof be certified to by the agency for the use of which they are intended. All purchases made by the County Purchasing Agent shall be made only upon receipt of requisitions signed by such officers and employees of the several agencies of the county as may be designated for that purpose by the Board of Commissioners of Roads and Revenues or other county authority. Requisitions must be submitted. Section 12. All purchases made by the County Purchasing Agent shall be based upon specifications which are definite and certain and which permit of competition. Section 13. All old or waste materials and other personal property discarded, replaced, or held but not required by any agency for which the County Purchasing Agent has power to make purchases shall be surrendered to him and shall be disposed of by him under regulations adopted by the Board of Commissioners of Roads and Revenues or other county authority governing the redistribution, exchange, transfer, sale or other disposition of such property. Discarded property to be returned to purchasing agent. Section 14. Each and every phrase, clause and part of this Act it separately enacted and should any part or section hereof be held invalid, for any reason, it is hereby declared the intent and purpose of the General Assembly that the remaining portions of this Act shall remain in full force and effect. Section 15. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1941.

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COUNTY REGISTRARS ABOLISHED. No. 352. An Act to abolish in counties of this State having a population of 200,000 or more according to the United States census of 1940, or any future United census, the Board of County Registrars as formerly created by the election laws of this State, and to provide that the county tax collector or the county tax commissioner, as the case may be, shall be the county registrar in such counties; to transfer to such county tax collector or county tax commissioner in such counties all duties now or hereafter imposed by law upon the county registrar; to require such county tax collector or county tax commissioner to take the oath as now prescribed by law for county registrars; to provide additional regulations for the registration of voters in such counties; to prescribe the form and use to be made of the voters' book in such counties; to provide for the removal of names from the voters' list in such counties; to prescribe additional duties to be performed by managers of elections and of primary elections in such counties in connection with the registration list; to provide a separability clause and a repealing clause; 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 this Act shall be applicable to all counties of this State having a population of 200,000 or more according to the United States census of 1940, or any future United States census. Applicable only to certain counties. Section 2. That beginning with the date of the approval of this Act, the Board of County Registrars formerly created by the election laws of this State is abolished in each

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of the counties of this State within the classification provided by Section 1 of this Act, and such other counties of this State as may hereafter be included therein. County registrars couties. Section 3. That effective with the date of the passage of this Act, in each county of this State within the classification defined in Section 1 of this Act, the tax collector or in counties which do not have a tax collector, the tax commissioner shall be ex-officio county registrar of such county and required to perform in such county all of the duties now or hereafter required by law to be performed by county registrars. Duties to be performed by other persons. Section 4. Such county registrar in addition to the oath required as tax collector or tax commissioner, as the case may be, shall take and subscribe before some officer authorized to administer an oath under the laws of this State, the oath now required to be administered to county registrars. Oath. Section 5. In each of the counties in this State within the class defined in Section 1 of this Act, the registrar shall prepare and complete on or before January 1, 1942, a new registration list in duplicate of all voters who within said period of time re-registered in the manner provided by this Act. After the approval of this Act, the registrar in such counties shall provide a looseleaf voters' book which shall contain two identical registration cards for each registrant, except that such cards may be of different color and texture, both of which shall be signed by the registrant and prepared in the form required by this Act. New registration list to be made. Section 6. It shall be the duty of the registrar in such counties within a period of two months after the approval of this Act, to notify by mail at the address now appearing on his records, every person whose name appears on the last voters' list of each such county calling such persons' attention to the provisions of Section 34-404 and 34-3206

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of the Code of Georgia of 1933 which provide that no elector shall vote in any militia district, ward, or precinct other than the one in which he resides, and advising such voter of the necessity of re-registering in order to vote in any election in such county to be held after January 1, 1942. Re-registration necessary in order to vote. Section 7. Each registration card in the voters' book, both original and duplicate, shall contain and disclose the following provisions and information with respect to the registrant: Information to be shown on registration card. (a) Affidavit to be executed by the registrant as provided in Section 34-103 of the Code of Georgia of 1933. (b) Date of birth, race and occupation. (c) Mother's maiden name. (d) Spaces in which to record any change of address. (e) Spaces in which to write or stamp the date of each election at which the registrant shall vote. (f) Spaces in which to note the cancellation of the elector's registration, together with the cause and date thereof and the signature of the clerk cancelling such registration. (g) Spaces in which to record payment of poll tax. (h) Blanks for any other information which shall facilitate holding of elections. Section 8. Of the two cards signed by each registrant, one shall be filed in a binder or other portable receptacle, known as the precinct file, and shall be arranged first by precincts, then within each precinct alphabetically by the names of the roads or streets on which the registrant resides, and then with each street geographically in the numerical order of the street numbers located within such precinct on such street, commencing with the lowest and ending with the highest such number. Where street numbers

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do not exist or do not identify residences, then within each road or street such cards shall be arranged in geographical order. The other or duplicate card shall be filed alphabetically without regard to militia districts, wards or precincts, said file to be hereinafter termed the master file, which master file shall always remain in the office of the registrar. Cards to be kept in file. Section 9. The master file and the precinct file shall at all times remain in the custody of the registrar; providing, however, that the registrar on each election day shall lock the precinct files so that the cards therein can be examined, but no card removed or added, and shall thereupon, and before the polls open, deliver the locked precinct file for each militia district or ward and precinct to the election officials therefor. Said file shall remain locked throughout the time the polls remain open and the registrar shall immediately repossess said files after the polls close. Section 10. If either the original or duplicate registration card, or both, of an elector shall be lost, destroyed or mutilated, the registrar may prepare a new card and require the execution of a new registration affidavit by such elector, and if any such elector shall refuse or fail to execute such affidavit within thirty days after the mailing of a notice of such requirement to such elector at the last address furnished by the registrant to the registrar, then the registration of such elector shall be cancelled, except as may be forbidden by Article 2, Section 1, Paragraph 5 of the Constitution of the State of Georgia. If either the original or duplicate registration cards, or both, for any militia district, ward or precinct shall be lost or destroyed, the registrar shall in the same manner require a re-registration of all of the electors in such militia district, ward or precinct. Lost cards. Section 11. During the month of January of each year, beginning with the year 1942, the registrar shall secure

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from the local registrar of vital statistics a list of all persons over twenty-one years of age who have died, and shall compare this list with the registration list and shall cancel the registration of all deceased electors and remove their cards from the files containing the names of qualified voters. Deceased persons to be stricken each year. Section 12. Upon the receipt of a written statement from an elector authorizing the cancellation of his registration, the registrar shall cancel such registration and remove the cards of the elector from the files containing the names of qualified voters. Cancellation of registration. Section 13. Upon receipt of reliable information in writing that a registered elector has moved away from the county, the registrar shall notify such elector through the mail at his last registered address stating the source of information, and if the elector does not apply for continuation of registration within thirty days after the mailing of such notice, his registration shall be cancelled and his cards removed from the files containing the names of qualified voters. Nothing herein shall affect the provisions of Section 34-805 of the Code of Georgia of 1933 relating to the challenge of voters. Notification to elector, when. Section 14. Within thirty days after the first day of January in each year beginning January 1, 1945, the registrar shall revise and correct the registration records as follows: Correction of records. He shall examine the registration cards and shall suspend the registration of all electors who have not voted in any general, special or primary election, State, county or municipal, within the two years next preceding said first day of January, except as may be forbidden by Article 2, Section 1, Paragraph 5 of the Constitution of the State of Georgia; provided, however, that on or before March 1st of said year he shall mail to each such elector at the last address furnished by the registrant, a notice substantially as follows:

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You are hereby notified that your registration as a qualified voter will be cancelled according to State law for having failed to vote within the past two years, unless on or before April 1st of the current year you continue your registration by signing the statement below and returning it to this office, or by applying in person. Notice to be mailed voter that registration will be cancelled. Application for continuation of registration: I hereby certify that I reside at the address given below and apply for continuation of my registration as a voter. Application for continuance of registration. My Mother's maiden name was..... Signature of elector..... Present residence address..... Immidiately after March 1st of each current year the registrar shall cancel the registration of all electors thus notified who have not applied for continuance, and the cards of all cancelled registrants shall be wholly removed from the list of electors, but not destroyed. Any elector whose registration has been cancelled may re-register in the manner provided by Section 7 of this Act. Upon re-registeration a new set of cards shall be prepared and executed in the manner provided for original registrations. Section 15. When a registration is cancelled the registrar shall cause to be made a proper entry thereof upon both the original and duplicate registration cards, including the date and cause for cancellation and shall affix his signature thereto. The original and duplicate cancelled cards shall be permanently filed in an inactive file in the office of the registrar for a period of seven years. Inactive file to be kept. Section 16. The registrar shall make, certify and deliver to any person requesting same, a true copy of the names and addresses of the registered electors of any militia district, ward or precinct upon the payment to such registrar of the cost thereof. Registrar may furnish voters' list.

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Section 17. From and after the effective date of this Act, at every primary election or special election every registered elector offering to vote shall before being given a ballot, indentify himself by executing an application for a ballot in the presence of an election official. The application blank shall be substantially as follows: Application for ballot: I hereby indicate that to the best of my knowledge and belief I am qualified and eligible to vote in this election. Application for ballot. ..... ..... Street name Street number ..... Name ..... Application number The election officials in charge of the precinct registration file shall compare the signature upon such application with the signature upon the registration card. If the election officials, or a majority of them, upon comparing such signatures, shall be satisfied that such applicant is the identical person registered, they shall permit him to vote. If they are not satisfied with the application, then the vote of such applicant shall be challenged and the same procedure shall be followed as provided in the election law for the challenging of electors. If said applicant has signed the registration card by making a mark, then such person shall identify himself by giving the date of his birth and his mother's maiden name, which shall be compared with the information on the registration card, or he shall identify himself by such other means as may be referred to upon the registration card. Comparison of signatures. Section 18. At every primary election or special election as each voter casts his vote, election officials shall enter indelibly on the registration card of such voter in the space

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provided for that purpose the fact that the elector voted and the month, day and year of such election, which entry may be with pen and ink or stamp or other device provided for that purpose. Registration card must show when elector voted. Section 19. The applications for ballots of those who vote shall be preserved as a record of the persons who have voted. They shall be filed face-down on a spindle file in the order in which the corresponding ballots are issued. After the polls close they shall be tied in bundle of fifty each and shall be deposited in the ballot box with the ballots before the same is sealed. Applications for ballots to be kept. Section 20. The registrar shall have available at the tax receiver's window, the tax collector's window, and tax commissioner's window, and at all polling places, for the use of registered voters, a convenient change of address slips. Change of address slips shall be furnished to each elector when making the original registration. Change of address slips to be furnished. Section 21. This Act shall take effect on the first day of January, 1942. Effective date of act. Section 22. Each provision, phrase, clause or part of this Act is separately enacted, and should any provision, phrase, clause or part of this Act be held invalid for any reason, it is hereby declared the intent and purpose of the Legislature that the remaining valid portions of this Act shall remain in full force and effect. Section 23. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 27, 1941.

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COUNTY SURVEYORSVACANCIESHOW FILLED. No. 447. An Act to provide for the appointment by the Ordinaries to fill any vacancy in the office of County Surveyor caused by resignation, or any other cause, in all Counties having a population of not less than 57,000 and not more than 80,000, according to the 1940 United States census, or any future United States 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 any vacancy in the office of County Surveyor, whether caused by resignation or any other cause, in all Counties of this State having a population of not less than 57,000 and not more than 80,000 according to the 1940 United States census, or any future United States census, shall be filled by appointment made by the Ordinary of such County, and such appointment shall be for the unexpired term. Vacancies, how filled. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 27, 1941.

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COUNTY TRAFFIC REGULATION. No. 313. An Act to amend an Act approved March 18, 1937, entitled, An Act to provide that in all counties in this State having a population of two hundred thousand (200,000) or more inhabitants by the United States census of 1930 or any future United States census, the Board of Commissioners of Roads and Revenues of said counties of such other county authorities as have charge of the roads and revenues of said counties shall have full power and authority to make rules and regulations as to traffic on the public roads of the county outside of the limits of incorporated municipalities, which power shall include the power to regulate parking of vehicles; to declare and define congested areas and restricted districts relative to parking, speed of vehicles and similar matters relating to the use of the public roads by vehicular traffic and to regulate the use of said roads by pedestrians; to provide that such rules and regulations shall have the force and effect of statutes of the State of Georgia and to provide that the violation of any such rules and regulations shall be a misdemeanor and punishable as such and for other purposes, to make said Act applicable to all counties of this State in which there is located or situated a city either in whole or in part having a population of two hundred thousand (200,000) or more inhabitants by the United States census of 1940 or any future United States 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 the same, that from and after the passage of this Act, Section 1 of the Acts of the General Assembly approved March 18, 1937, as above entitled, be and the same is hereby amended by striking from said section the following words, having a population of two hundred thousand

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(200,000) or more inhabitants by the United States census of 1930 or any future United States census and inserting in lieu thereof the following words, having situated either in whole or in part a city having a population of two hundred thousand (200,000) or more inhabitants by the United States census of 1940 or any future United States census, so that said Section when amended shall read as follows: Act of 1937 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 in all counties in this State having situated either in whole or in part a city having a population of two hundred thousand (200,000) or more inhabitants by the United States censes of 1940 or any future United States census, the Board of Commissioners of Roads and Revenues or other county authorities having charge of the roads and revenues of the county shall have full power and authority to make rules and regulations as to the use of the public roads of the county outside of the incorporated areas of municipalities and shall have full power and authority to make regulations relative to the use of such public roads by vehicular and pedestrian traffic upon said roads, which rules and regulations are hereby declared to be and made of force and effect as the law of this State as if made and set out in detail in this Statute. County authority to regulate traffic. Section 2. Be it further enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of same that all other sections of this Act shall apply to all counties in whose boundaries there is situated a city having a population of two hundred thousand (200,000) or more inhabitants by the United States census of 1940 or any future United States census. Application of this 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 27, 1941.

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CRIMINAL BAILIFFS IN CERTAIN COUNTIES. NO. 88. An act To provide for the appointment of special criminal bailiffs in all counties of this State having a population of not more than 20,400 and not less than 20,300 according to the United States Census of 1940 or any future census; to provide for the removal of such bailiffs; to provide for the payment of salaries of such bailiffs; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same: Section 1. That in every county of this State having a population of not more than 20,400 and not less than 20,300 by the United States Census of 1940 or any future census, the Solicitor General shall be entitled to a special criminal bailiff to be appointed by such Solicitor General with the approval of the Judge of the Superior Court, and said bailiff shall be subject to removal by such Solicitor General and such Judge for misconduct in office, or other sufficient cause within their own judgment. Criminal bailiffs provided in certain counties. Section 2. That the Board of Commissioners of Roads and Revenues in such counties or other authority having charge of the fiscal affairs of such counties shall pay such bailiffs so appointed a salary of not less than $45.00 per month, and not more than $75.00 per month. Compensation. Section 3. That all laws or parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed. Approved February 26, 1941.

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DESECRATION OF BURIAL PLACE PUNISHED. No. 63. An Act to provide that any person who shall desecrate the burial place of any human body, with intent to rob, steal, mutilate or maliciously molest the remains of the human body interred therein, shall be punished by death, but the punishment shall be confinement in the penitentiary for life if the jury trying the case shall so recommend or if the conviction is founded solely on circumstantial evidence; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That from and after the passage of this Act any person who shall desecrate the burial place of any human body, with intent to rob, steal, mutilate or maliciously molest the remains of the human body interred therein, shall be punished by death, but the punishment shall be confinement in the penitentiary for life if the jury trying the case shall so recommend or if the conviction is founded solely on circumstantial evidence. Provided nevertheless, the provisions of this Act shall not apply to persons excavating Indian Mounds or burial places of the aborigines of this country in the interest of the science of archaeology or related sciences, and provided it shall have no application to disinterments under court order in connection with court proceedings or post morteums. Punishment. Section 2. That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved February 24, 1941.

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DESTROYING UNSOLD BONDS. NO. 341. An Act To provide for the destruction of unsold bonds issued by counties, municipal corporations or political subdivisions of this State; to provide for the payment of the costs of such proceedings; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same: Section 1. When any county, municipal corporation or political division of this State has issued bonds under the authority of Paragraphs 1 and 2 of Section 7 of Article 7 of the Constitution of Georgia and laws passed in pursuance thereof, and, after the bond issue is authorized and the bonds printed, any of the bonds authorized and printed are not sold for any reason, the governing authorities of said county, municipal corporation or political division may destroy the unsold bonds in the manner and under the conditions set out in Section 2 of this Act. Section 2. The governing authorities of said county, municipal corporation or political division shall publish notice, once a week for four consecutive weeks in the newspaper in which county advertisements are usually published in said county or in the county in which said municipal corporation or political division is located, that the unsold bonds will be destroyed at the time and at the place in said county, municipal corporation, or political division, stated in said notice. If no objection is filed by a taxpayer of said county, municipal corporation or political division with the clerk of the superior court of said county or of the county in which said municipal corporation or political division is located at least five days before the date stated in said notice, or if such objection is filed and the judge of the superior court, after hearing, determines the same to be

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without merit, the judge of the superior court shall order the unsold bonds destroyed by fire at the time and place stated in the notice or at the time and place stated in the order of the court. The judge shall also name two disinterested witnesses, who are neither officers nor employees of said county, municipal corporation or political division, to attend at the destruction of said bonds and whose affidavits, filed with the clerk of the superior court, shall be prima facie evidence that said bonds have been destroyed. The affidavits of such witnesses shall be preserved as records of the office of the clerk of the superior court. Said witnesses shall be compensated for such services in the amount of $5.00 each. All costs of such proceedings, shall be paid by the county, municipal corporation or political division except where an objection filed is determined to be without merit, in which case costs of the pleadings, hearings and judgment on said objection shall be taxed against the objector. Destroying unsold bonds. Section 3. All laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved March 27, 1941. EASTERN STANDARD TIME BOUNDARY CHANGED. No. 198. An Act to provide for and designate the line through the State of Georgia which shall be considered the time line, that is, the line fixing the boundary of the territory in which eastern time shall prevail and the territory in which central time shall prevail. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same that: Eastern standard time.

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Section 1. From and after the passage of this act the western boundary line of the State of Georgia, that is the state boundary line between the State of Georgia and the State of Alabama, shall be designated the western line of that particular territory in which Eastern Standard Time shall prevail, so that the entire area of the State of Georgia will be included in the territory using Eastern Standard Time. Section 2. Be it further enacted that after the passage of this act, there shall be no other standard time within the State of Georgia except Eastern Standard Time. Exclusive. 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 21, 1941. ELECTION OF COUNTY SCHOOL SUPERINTENDENT IN CERTAIN COUNTIES. NO. 211. An Act To amend An Act of the General Assembly of Georgia approved August 28, 1931, providing for the election and eligibility of the County School Superintendent in counties having certain populations, by amending Section 2, page 133, of said Act, as applying to counties having a population of not more than 11,751 and not less than 11,739 according to the 1930 census or any future census; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That Section 2 of the Act of the General Assembly of Georgia, approved August 28, 1931 (Ga. laws 1931, p. 133), be and the same is hereby amended by adding to said section the following provision: Act of 1931 amended.

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Provided, that the number of the population herein fixed and referred to shall not apply to counties having a population of not less than 11,739 and not more than 11,751, according to the 1930 census or any future census. Section 2. That the purpose of this Act shall be to make the provisions of Section 32-1002 of the Code of Georgia of 1933 applicable to counties having a population of not less than 11,739 and not more than 11,751 according to the 1930 census, or any future census, which section prohibits voters residing in independent school districts from voting in elections for county school superintendents. Election of county school superintendent in certain counties. Section 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1941. ELECTIONSIDENTIFICATION OF VOTERS. NO. 452. An Act To provide for the identification of the voters in all primary elections and elections by ballot within this State, by requiring each voter applying to vote, before receiving a ballot and being allowed to vote, to sign his or her name in a book to be kept by the managers of each box in said primary elections or elections to be known as Voters Identification Book; to require the ordinaries of the several counties in this State to furnish a sufficient number of such books to the election managers in their respective counties sufficient to accommodate the signing by all the registered voters entitled to vote at such box; to provide for the filing and custody of said Voters Identification Book; to declare the signing of any other name in said book than the name of the applicant to vote, whether the name be that of a living

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or deceased person or a fictitious one, to be held and deemed to be forgery and fix the punishment therefor; 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 each voter at any and all primary elections and elections of every kind, by ballot, within this State, when applying to vote and before receiving a ballot, and being allowed to vote, shall sign his or her name in a book to be kept by the managers of each box in said election, to be known as Voters Identification Book as hereinafter required to be furnished, and when any applicant to vote signs his or her name by mark the same shall be witnessed by one of the managers at said box, provided that any person voting by absentee ballot shall not be required to sign said Voters Identification Book. Voter's identification book. Section 2. Be it further enacted by the authority aforesaid, That before the date fixed for any primary election or election of any kind, by ballot, within this State, the ordinaries or chairman of the party holding a primary election of the several counties of this State shall furnish to the managers at each box at such election a book to be known as Voters Identification Book for the purposes set out in Section 1 of this Act. Election holders to be furnished voter's book. Section 3. Be it further enacted by the authority aforesaid, That the managers at any and all primary elections and elections of every kind, by ballot, within this State, when making returns of any such election as now or hereafter required by law or by any political party rule now or hereafter in force at the time of any such election, shall file along with said returns said Voters Identification Book, containing the names of all persons receiving ballots to vote in any such election, which Voters Identification

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Book shall be kept open and subject to inspection by the public at all times, until after the adjournment of the grand jury meeting next after the election. Voter's identification book to be filed. Section 4. Be it further enacted by the authority aforesaid, That any person who at any primary election or election of any kind, by ballot, within this State, shall sign the said Voters Identification Book, for the purpose of fraudulently obtaining a ballot, representing himself or herself to be a different person and representing that he or she is the person whose name he or she signs whether said person so impersonated be living, deceased or a fictitious person, shall be guilty of forgery and punished as for a misdemeanor. Misdemeanor punishment for fraudulent signing of voter's book. Section 5. Be it further enacted by the authority aforesaid, That the provisions of this Act, shall not become or be operative in any county in this State until they are first recommended to be put into force and operation by two successive grand juries of such county, and the act if put into effect may become inoperative by like action of two successive grand juries of the county affected. Grand jury to recommend use 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 27, 1941. ELECTION PRIMARY FOR COUNTY OFFICERSWHEN HELD. NO. 467. To be entitled an Act to provide the time at which primary elections for nomination of county officers shall be held in counties in this State having a population of not less

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than 200,000 and not more than 500,000 by last or any future census of the United States; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that this Act shall be applicable to all of the counties in this State having a population of not less than 200,000 and not more than 500,000 by the last or any future census of the United States. Applicable only to certain counties. Section 2. Be it further enacted by the authority aforesaid, that from and after the passage of this Act, whenever any political party in this State shall hold a primary election in any of the counties to which this Act applies, for the nomination of the county officers to run in a regular or general election, such party, or its authority, shall cause all candidates for nomination for county officers in such counties to be voted for at such time as may be fixed by the county executive committee of such party; provided said executive committee shall not fix the date for such general primary for nomination of county officers earlier than September 1st nor later than October 31st of any year. Election primary for county officers. Section 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same is hereby repealed. Approved March 27, 1941. ELECTION PRIMARYRECOUNT PROVIDED. No. 324. An Act to provide for a recount of the ballots in all primary elections hereafter held in the State of Georgia for the nomination of candidates for members of the General Assembly, Governor, Statehouse officers, and all

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other State, county and national officers elected by the people; to authorize a demand for a recount of ballots cast in such primary elections; to prescribe the method of conducting such recount and for ascertainment of the result of such primary election; to provide the force and effect of such recount and for the enforcement of the result thereof; to prescribe penalties for the violation of this Act; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the legislative intent and purpose of this Act is to effectuate fair and honest primary elections for the nomination of candidates for public office in this State. Purpose of act. Section 2. The provisions of this Act shall apply to all primary elections hereafter held in this State by any political party for the purpose of nominating candidates for Governor, Statehouse officers, members of the General Assembly, members of Congress, judges of the superior courts, Justices of the Supreme Court, Judges of the Court of Appeals, solicitors general and county officers, and all such primary elections hereafter held for the nomination of any candidate for any State, county, district or national office required to be filled by election by the people of this State or any part thereof, whether such primary election be held to nominate candidates for unexpired terms of full terms. Applicability of act. Section 3. Any defeated candidate in any such primary election who received thirty-three and one-third per cent. of the total vote cast in any county for the particular office for which he was a candidate, as determined by the result of the first count or canvass of the votes cast at any such primary election, or any defeated candidate for a State, national or district office, who may not have received such thirty-three and one-third per cent. of the total vote cast in the county or the district but who received one-third as many votes as

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the leading candidate but who may bona fide content that a recount of the ballots in any county will change the announced result of the primary election in the State or District wherein he was a candidate for such nomination, shall have the right to demand of the county executive committee of any such county or other authority conducting such primary election, a recount of the ballots cast in such election for the particular office for which he was a candidate. Such demand shall be filed with the chairman of the county executive committee within forty-eight hours after the announcement of the result of such primary election by the county executive committee, if such defeated candidate is a resident of the county wherein the recount is demanded, and if a non-resident of the county, within ninety-six hours after the announcement of such result. The demand shall be in writing and signed by such candidate if he is a resident of the county and by some one by him thereunto lawfully authorized if he is not a resident of the county. Any such candidate who is a non-resident of the county where a recount of the ballots is demanded shall have a right to designate a representative in any such county to enter such demand on his behalf. Such demand shall state the total number of ballots cast for the particular office for which such candidate was a candidate and the number of ballots cast for such defeated candidate according to the declared result, and that such defeated candidate bona fide believes that a recount of the ballots would change the announced result of of the election in such county. Demand for recount. Filing of demand. Section 4. When such written demand for recount of the ballots is filed as required by the foregoing section, it shall be the duty of the executive committee of the county or the chairman thereof or other official of the county or of the political party holding such primary, under whose authority it was held, to grant such recount and to notify all candidates voted for at the primary of such demand for the

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recount and to fix a time and place for conducting a recount, of which all such candidates shall have not less than forty-eight hours notice. Notification. Section 5. Upon the filing of such demand for a recount and upon notice thereof being given to all candidates at such primary, such defeated candidate or candidate authorized to demand and actually demanding a recount in conformity with the foregoing sections, and the successful candidate, shall each immediately select one representative to act as a member of a committee to conduct the recount of the ballots. The judge of the superior court of the judicial circuit adjoining that in which such county is located shall be the third member of the committee to conduct such recount. If there be more than one such judge of the superior court or more than one such adjoining circuit, the senior judge in commission shall be the member of the committee, unless he be disqualified by reason of relationship within the fourth degree according to the Canon Law to one of the contending parties; in that event, the next judge in point of seniority shall be a member of the committee. The committee as thus constituted shall conduct the recount of the ballots as hereinafter provided. Committee, selection of. Section 6. The said committee constituted as aforesaid for the recount of the ballots in any such election shall meet within forty-eight hours after their appointment and proceed publicly with the recount of the ballots cast in any such election where such recount has been demanded, in the manner and form herein set out. The said committee constituted as aforesaid to conduct said recount is hereby clothed with authority to subpoena witnesses as well as any records, the subpoenas for the same to be furnished by the sheriff of said county. At such recount, the said committee shall have the right to hear witnesses, to administer oaths to witnesses, and to certify to the judge of the superior court of the circuit in which the recount is conducted for punishment for contempt any witness who has failed to appear

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at such proceeding for the recount of said ballots, after said witness has been served with a subpoena as aforesaid, or for refusal to testify at such proceeding, or for any other misbehavior or other unlawful conduct at such proceeding. Upon such certification, the judge of the superior court shall punish any such party so certified as for contempt of court, in the same manner and under the same provisions as if such contempt had been committed in the superior court of the county where such recount of the ballots is being held. Meeting within 48 hours. Subpoenas. Certification. Section 7. At any such recount of the ballots made by the aforesaid committee constituted as aforesaid, the said committee shall have the right to determine whether any ballot recounted was legally cast by a duly qualified elector and voter of said county, and if such committee should determine that any ballot was illegally cast, said committee shall have the right to throw out and not count the said ballot in determining the final result of such recount. For the purpose of determining whether any of the ballots cast in such election and which are subject to being recounted were cast by legally qualified voters, the said committee shall have the right to subpoena and have possession of the registration books and registration cards of the county where such primary election has been held, and the officer of said county or other authority having charge of such records shall immediately produce the same upon subpoena or upon demand by said committee. Determination. Section 8. Upon any demand for a recount being filed by any defeated candidate, in the manner and form hereinbefore set out, the tally sheets, registration lists, and the ballots cast, and the list showing the result of the count of the ballots and the ballot boxes of the various precincts in the several Militia Districts in said county, shall be kept under seal and lock in a safe place by the official of the county whose duty under the law is to receive the same from

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the election officials or managers of such election, and no one shall be permitted to inspect said tally sheets, registration lists and ballots cast, and the list showing the result of the count of the ballots and the ballot boxes of the various precincts thereafter, or to have possession of the same before the said committee constituted herein for such recount shall have taken the same into custody from such official or officials of the county. It shall be the duty of such official or officials of the county receiving the aforesaid records from the election officials or managers of such election to deliver the said records to the said committee constituted as aforesaid for such recount. Custody of ballots. Section 9. After said committee has met for the purpose of conducting said recount and has opened for inspection the election returns, including the list of ballots cast, tally sheets and ballot boxes, and other records connected with such election, the defeated candidate and the successful candidate in such election or their duly authorized attorneys or agents shall have the right to inspect said records in the presence of said committee. Inspection of records. Section 10. After said committee has met and obtained such records and opened the same, either the defeated candidate or the successful candidate shall have the right to ask for postponment or continuance of said recount for a reasonable time, for the purpose of securing evidence in subpoenaing witnesses. The granting of such motion or motions shall rest in the sound discretion of such committee. Continuance. Section 11. A majority of said committee shall constitute a quorum, and the ruling of the majority of such committee on any matter arising before said committee for determination shall be controlling and final. The superior court judge serving as a member shall be chairman of the committee and preside at meetings. Quorum. Section 12. Within twenty-four hours after the aforesaid

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proceedings for a recount of such ballots have been finally closed, the said committee shall publicly announce the result thereof and reduce the same to writing, and file a report thereof with the executive committee of the county or other official under whose authority such primary election has been held, and with the Chairman of the State Executive Committee or other appropriate State authority of the political party holding such primary if the same relates to other than a county office. The report and findings of such committee on such recount shall be final, and shall be adopted, promulgated, published and certified as such by the authority of the political party under whose jurisdiction the said primary election has been held. Announcement of result. Report final. Section 13. Any certification of the result of such primary election which has been made by the executive committee of said county or other authority conducting said primary election, or the result of any such election prior to the filing of such demand for a recount, or prior to the findings and reports of such committee conducting the recount, shall be superseded and set aside and be null and void, in the event the result of the vote in such election is changed by the action of such committee and any defeated candidate filing such demand for a recount is determined by said committee to have been nominated to the office for which he was a candidate. Change of candidate. Section 14. In the event the executive committee of said county or other authority conducting and holding said primary election should fail or refuse to adopt, as herein set out, the report and findings of such committee conducting said recount of the ballots in said election, then the candidate for office whose rights may be affected by the failure or refusal of such executive committee or other authority to abide by such report of such committee shall have the right to proceed by mandamus or oppropriate legal or equitable remedy in the courts of this State to enforce the report

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and findings of such committee conducting the recount of the ballots as herein provided. Jurisdiction to hear and determine such cause is hereby conferred upon the superior courts of the State, notwithstanding the political nature of any such controversy. Mandamus. Section 15. Any person or official violating any of the provisions of this Act shall be held to be guilty of misdemeanor, and upon conviction thereof shall be punished as for a misdemeanor. Penalty. Section 16. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1941. ELECTIONSSOLICITATION OF VOTES RESTRICTED. No. 57 An Act to prohibit and to regulate within the territorial limits of any County in this State having a population of 200,000 or more according to the United States census of 1940, or by any future United States census, the solicitation of votes for any person or proposition; for restricting the handing out of cards or pamphlets for any person or proposition to be voted on; to provide for police protection at the polls in the county outside the limitation of municipality; to provide penalties for the violation of this Act, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That this Act shall be applicable to all Counties of this State having a population of 200,000 or more according to the United States census of 1940, or any future United States census. Applicable only to certain counties. Section 2. That on the day before each election or primary,

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general or special, in such counties as designated in Section 1 of this Act, the police department of such county shall establish a point on each street not less than 200 feet from the entrance to the place selected or designated as the voting or polling place in each voting precinct in such county, and at such measured points, white lines shall be painted or marked on the streets and the area on the streets within said lines next to the voting or polling place shall be known as the no solicitation of votes zone on the day of election. Solicitation of votes restricted. Section 3. Be it further enacted that it shall be unlawful and an offense for any person between the hours of 7 A. M. and 7 P. M. o'clock on the day in which an election or primary, general or special, is held in the county, to solicit within the area designated the no solicitation of votes zone in any manner or means whatsoever other persons to vote for or against any candidate or proposition to be voted upon that day. Section 4. Be it further enacted that it shall be unlawful and an offense for any person between the hours of 7 A. M. and 7 P. M. o'clock on the day in which an election or primary, general or special, is held in the county to hand out cards or pamphlets or to carry banners for or against any person or proposition to be voted on. Section 5. Be it further enacted that it shall be the duty of the Chief Police officer of the county on the day of each election to assign at least one police officer to be present at each voting place outside of the territorial limits of any municipality in the county from 7 A. M. to 7 P. M. o'clock and such officer shall rigidly enforce the provisions of this Act. Section 6. Be it further enacted that any person found violating any of the provisions of this Act shall be guilty

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of a misdemeanor and upon conviction thereof shall be punished by Section 27-2506 of the Georgia Code of 1933. Punishment for violation. Section 7. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 18, 1941. FEES AND COSTS IN DIVORCE CASES. NO. 68. An Act To require the payment of fees of clerks and sheriffs of the Superior Court in divorce cases in all counties in the State of Georgia having a population according to the United census of 1930 or any future census of not less than 25,513 and/or more than 25,713 persons, and for 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 all counties of said State having a population according to the United States census of 1930 or any future census of not less than 25,513 and/or more than 25,713 persons the fees of the Clerks of the Superior Courts and sheriffs of said courts in all divorce cases filed in said county shall be paid in the following manner: That the party filing said petition for divorce shall make an advance deposit of ten ($10.00) dollars before the said Clerk shall be authorized to file said petition, and that the party filing said petition be required by the presiding judge of said courts to pay all of the balance accrued cost due in said divorce cases before the court would be authorized to sign the decree in said case. Applicable only to certain counties. Costs in divorce cases.

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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 24, 1941. FIRE DEPARTMENT MEMBERSEXEMPTION FROM TORT LIABILITY. NO. 453. An Act to provide for the exemption of drivers, operators and members of publicly owned fire departments in cities having a population of more than three hundred thousand (300,000) by the United States census of 1940, or subsequent census, from tort liability for personal or property damage in case of accident while proceeding to a fire alarm or returning therefrom under emergency orders. 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. A driver or operator of fire apparatus publicly owned and operated by any member of a fire department in cities having a population of more than three hundred thousand (300,000) by the United States Census of 1940, or subsequent Census, shall be exempted from any tort liability by reason of injuries sustained to the person or property of any one, where such damage or injury is caused by the driving of such apparatus in responding to fire alarm, or while returning to a fire station under emergency orders of a Chief or Assistant Chief to put equipment back into service for another call. Fire department membersexemption from tort liability. Section 2. That nothing in this Act shall in any manner affect the liability of such municipalities owning such fire

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apparatus for the torts of its employees under the general laws now prevailing in this State. Does not affect prevailing general law. Section 3. Fire apparatus as used herein shall be considered to include salvage and first aid cars; chiefs' cars; hose wagons; pumpers; aerial trucks; water towers; service trucks; supply trucks; or other automotive equipment used in fire fighting publicly owned and operated. Fire apparatus defined. Section 4. All laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved March 27, 1941. FIREWORKS DEFINED. NO. 358. An Act to amend an Act approved on the 12 day of March, 1941, the same being entitled an act to prohibit and to regulate within the territorial limits of any county in this state having a population of 200,000 or more according to the United States census of 1940, or by any future United States census, the sale, the offering, or the exposing for sale of fireworks; to define the term fire-works as used in this act; to regulate the manner and the extent to which fireworks may be used in such counties; to provide penalties for the violation of this act, and for other purposes. Said amendment changing the definition of fireworks as contained in Section 2 of said act, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That an Act approved on the 12th day of March, 1941, entitled an Act to prohibit and to regulate within the territorial limits of any County in this State having a population of 200,000 or more according to the

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United States Census of 1940, or by any future United States Census, the sale, the offering, or the exposing for sale of fireworks, to define the term fireworks as used in this Act; to regulate the manner and the extent to which fireworks may be used in such counties; to provide penalties for the violation of this Act, and for other purposes, be and the same is hereby amended by adding to Section 2 of said Act the following language to-wit: The term fire-works shall not include toy pistols, toy canes, toy guns, or other devices in which paper caps containing twenty-five hundredths grains or less of explosive compound are used, providing they are so constructed that the hand cannot come in contact with the cap when in place for the explosion, and toy pistol paper caps which contain less than twenty hundredths grains of explosive mixture, the sale and use of which shall be permitted at all times. Fireworks as used in act of 1941 defined. Section 2. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are expressly repealed. Approved March 27, 1941. FIREWORKSREGULATION AND SALE. NO. 159. An Act To prohibit and to regulate within the territorial limits of any County in this State having a population of 200,000 or more according to the United States census of 1940, or by any future United States census, the sale, the offering, or the exposing for sale of fireworks; to define the term fireworks as used in this Act; to regulate the manner and the extent to which fireworks may be used in such counties; to provide penalties for the violation of this Act, and for other purposes.

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Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That this Act shall be applicable to all Counties in this State having a population of 200,000 or more according to the United States census of 1940, or any future United States census. Applicable only to certain counties. Section 2. The term fireworks, as used in this Act, shall mean and include any combustible or explosive, or any substance or combination of substances, or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges, toy pistols, toy cannons, toy canes, or toy guns in which explosives are used, the type of balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, Daygo bombs, sparklers or other fireworks of like construction and any fireworks containing any explosive or flammable compound, or any tablets or other device containing any explosive substance commonly used or sold as fireworks. Fireworks defined. Section 3. Except as herein provided, it shall hereafter be unlawful for any person, firm, partnership, or corporation to offer for sale, expose to sale, sell, use, or explode within the territorial limits of any County in this State within the class named in Section 1 of this Act any fireworks; except that the Chief Police Officer of each such county shall have authority, pursuant to reasonable regulations prescribed by him, to issue permits for the sale or for the supervised public display of fireworks by municipalities, fair associations, amusement parks, or other organizations or groups of individuals. Every display so authorized shall be conducted under the supervision of a competent bonded operator, approved by such Chief Police Officer of the county in which such display is to be held and shall be conducted in the manner prescribed by such Chief Police

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Officer and located exclusively at the place specified in the permit therefor. No permit granted by such Chief Police Officer for any purposes named in this Act shall be transferable and no person, firm, or corporation shall sell, possess, use or distribute any fireworks except at the time and place named in a permit lawfully issued therefor. Anything in this Act to the contrary, notwithstanding it shall be unlawful for any person, or firm or corporation to use or to explode any fireworks within the limit of any public street or alley. Sale regulated. Section 4. Before any permit is granted hereunder and before such Chief Police Officer has jurisdiction to grant such permit, the applicant therefor shall furnish bond, with security to be approved by such Chief Police Officer, in an amount of not less than $500.00, conditioned for the payment of all damages which may be caused to either person or property arising from an act of the licensee, his agents, employees, or sub-contracts in connection with the exercise of any privilege authorized by said permit. Permit and bond. Section 5. Nothing in this Act shall be construed to prohibit any resident wholesaler, dealer, or jobber from selling any kind of fireworks, or the keeping on hand of stocks of any kind of fireworks, for the purposes of sale, provided the same are not sold at retail or for the purpose of being exploded within the territorial limits of any County in this State within the class named in Section 1 of this Act; or the use of fireworks by railroads or other transportation agencies for signal purposes or illumination, or the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports, or for use by military organizations. Exceptions. Section 6. The Chief Police Officer of each such county is authorized and directed at any time, at the expense of the owner, to seize, take or cause to be removed to a place

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of safety any stock of fireworks or combustibles, used, displayed, sold, offered or exposed for sale, or held in any manner in violation of this Act. Police authority to seize fireworks. Section 7. Any person, firm or corporation violating any of the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof punished as provided by Section 27-2506 of the Georgia Code of 1933. Misdemeanor. 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 12, 1941. GENERAL ASSEMBLY CANDIDATES MUST DESIGNATE OPPONENTS. No. 322. An Act to require all candidates for the General Assembly in counties having a population of Twenty Five Thousand One Hundred (25,100) to Twenty Six Thousand One Hundred (26,100) inhabitants, inclusive, according to the United State Census of 1940 or any future census to designate and quilfy for the seats in the General Assembly from all such counties and 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 Twenty Five Thousand One Hundred (25,100) and not more than Twenty Six Thousand One Hundred (26,100), according to the last official census of the United

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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 incubent and none other. Applicable only to certain counties. Designation of 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 by naming him. Section 3. Be it further enacted, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 27, 1941. HANDLING OF POISONOUS REPTILES PROHIBITED. No. 387. An Act to prohibit the use or handling of poinonous snakes or reptiles in such manner as will endanger the health or safety of the public or any member thereof; to prohibit any person from advising, counseling or encouraging any other person to handle or come in bodily contact with poisonous snakes or reptiles; to prescribe penalties for the violation of this Act; and for other purposes. Be it and it is hereby enacted by the General Assembly of Georgia: Section 1. That it shall be unlawful for any person to handle, possess or control a poisonous snake or reptile in such a manner that the health or safety of any other person will be endangered thereby. Possession or control prohibited.

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Section 2. That it shall be unlawful for any person to advise, counsel or encourage by word or action any other person to handle, possess or control any poisonous snake or reptile in such a manner that the life or safety of such person will be endangered. The fact that the person advising, counseling or encouraging another to handle, possess or control, or to come in bodily contact with, a poisonous snake or reptile as a minister of the gospel, or that such counsel, advise or encouragement is given in any religious ceremony or in accordance with any religious creed or belief shall in no way excuse the offense, or mitigate the punishment hereinafter prescribed therefor. Counseling or advising. Section 3. Any person violating the provisions of this Act shall be guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the penitentiary for a term of not less than one and not more than twenty years except as hereinafter provided. In the event, however, that death is caused to a person on account of the violation of this Act by some other person, the prisoner shall be sentenced to death, unless the jury trying the case should recommend mercy. Punishment. Section 4. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1941. HIGHWAY USE REGULATED DIMENSIONS OF VEHICLES RESTRICTED. No. 262. An Act governing and regulating the use of the public roads and highways of this State, according to recommendations of the Highway Transport Committee of the American Association of State Highway Officials and the United States Bureau of Public Roads, in the interest of

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Public Safety and the protection and preservation of the public roads and highways of this State, by vehicles and parts of vehicles; to provide for the enforcement of this Act; to grant temporary permits under certain conditions and limitations; to provide for dimensions, length and weights, and lights of motor vehicles; to provide penalties for the violation of the provisions of the Act; to repeal sections 68-401, setting dimensions of motor vehicles, 68-402, setting weight limits of motor vehicles, and 68-702, setting requirements for weight, sizes and lights of motor vehicles, of the Code of Georgia of 1933; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. On and after the passage of this Act it shall be unlawful to operate upon any public road or public highway of this State any vehicle or vehicles which do not conform to uniform standard specifications which have been adopted by the American Association of Highway Officials and the United States Bureau of Public Roads as follows: Specifications. (a) No vehicle shall exceed a total outside width including any load thereon, of ninety-six inches (96); no vehicle unladen or with load shall exceed a height of 13 feet 6 inches; no vehicle shall exceed a length of 35 feet extreme overall dimensions, inclusive of front and rear bumpers; combinations of vehicles shall consist of not more than two units, and, when so combined, shall not exceed a total length of 45 feet; for occasional movements of materials or objects of dimensions which exceed the limits hereon provided, a special permit shall be required as now provided by law. Provided, however, that loads of poles, logs, lumber, structural steel, piping, and timber may exceed the length herein fixed without requiring special permit. Width, load, etc. (b) No wheel equipped with high pressure, pneumatic,

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solid rubber or cushion tires shall carry a load in excess of 8,000 pounds, or any axle load in excess of 16,000 pounds; no wheel equipped with low-pressure pneumatic tires shall carry a load in excess of 9,000 pounds, or any axle load in excess of 18,000 pounds; an axle load shall be defined as the total load on all wheels whose centers may be included between two parallel transverse vertical planes 40 inches apart. Wheel load. (c) Subject to the limitation imposed by the recommended axle loads, no vehicle shall be operated whose total gross weight, with load, exceeds that given by the formula W = c (L + 40) where: Formula. W = total gross weight with load, in pounds; c = 700; L = the distance between the first and last axle of a vehicle or combination of vehicles, in feet. Section 2. It shall be lawful to operate over the highways of this State any vehicle which complies with the provisions as to dimensions, tires and loads, as stated in the preceding section. Compliance lawful. Section 3. Motor vehicles or combinations of vehicles exceeding the length herein provided for may operate upon the public highways with special written permission of the Public Service Commission given for some temporary or special purpose. Nothing herein shall be construed to prohibit the hauling of timber, lumber and piling by motor trucks, regardless of the length or weight, from the forest where cut to the owner's place of business, plantation or residence within the county where originally cut or the adjoining county. Every vehicle using the highway at night shall be equipped with a lamp or lamps clearly visible for a distance of not less than one hundred feet from the front and rear thereof. Special purpose.

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Section 4. Any person, firm, corporation, association, trustee, receiver, or other fiduciary, or owner, employee or other agent, who, by himself, itself, or themselves, or through or in connection with another, violates or participates in violation of any of the provisions of this Act, shall be guilty of a misdemeanor and punished as such. Crime. Section 5. Each section of this Act, and such part thereof, is hereby declared to be an independent Section and part of a Section, and the holding of any Section or any part of a Section to be void or ineffective for any cause will not affect any other Section or part of a Section of this Act. Sections independent. Section 6. The provisions of this Act, not in conflict with or superseding existing laws, are declared to be cumulative to the laws of this State regulating the use of highways and public roads of this State. Act cumulative. Section 7. Section 68-401 of the Code of Georgia of 1933, which reads as follows: No vehicle of greater width than 96 inches, including load, except traction engines, the width of which shall not exceed 108 inches, and no vehicle of greater height than 12 feet, six inches, or of greater length than 30 feet, and no combination of vehicles coupled together, the total length of which, including load, shall be greater than 85 feet, shall be operated on the highways: Provided, that in special cases vehicles the dimensions of which exceed the foregoing may be operated under permits granted as hereinafter provided. is hereby repealed. Repeal of Sec. 68-401. Section 8. Section 68-402 of the Code of Georgia of 1933, which reads as follows: No vehicle of four wheels or less, whose gross weight, including load, is more than 22,000 pounds, no vehicle having a greater weight than 17,600 pounds on one axle, and no vehicle having a load of over 800 pounds per inch width

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of tire upon any wheel concentrated upon the surface of the highways (said width in the case of rubber tires to be measured between the flanges of the rims) shall be operated on the highways: Provided, that in special cases vehicles whose weight, including loads, exceeds that herein prescribed may be operated under special permits granted as hereinafter provided: Provided, further, that the State Highway Commission may designate certain roads or sections of roads on the State-aid highway system on which the traffic requirements do not justify heavy type of pavement at the present time, and the said State Highway Commission may prescribe the maximum gross weight of vehicles, including loads, which may be operated over the sections thus designated. is hereby repealed. Repeal of Sec. 68-402. Section 9. Section 68-702 of the Code of Georgia of 1933, which reads as follows: There shall not be operated on any highway any motor vehicle whose width, including load, and any frame, part, or body used thereon or in connection therewith, is at its maximum width greater than 96 inches, or whose height, including load, and any frame, part, or body used thereon or in connection therewith, is at maximum height greater than 12 feet, or whose length, including load, and any frame, part, or body used thereon or in connection therewith, is at maximum length greater than 35 feet; and no combination of such vehicles coupled together shall be so operated whose total length, including load and any frame, part, or body, shall in the aggregate be greater than 45 feet. No motor vehicle or combination of vehicles, the weight of whose load exceeds 12,500 pounds for each unit having two or more axles, and 6,350 pounds where such unit has only one axle, and no motor vehicle or combination of vehicles exceeding in length herein provided for, shall operate upon the public highways without special written permission of the Public Service Commission given for some

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temporary and special purpose. Nothing herein shall be construed to prohibit the hauling of timber, lumber, and piling by motor trucks, regardless of length or weight, from the forest where cut to the owner's place of business, plantation, or residence within the county where originally cut or the adjoining county. Every vehicle using the highways at night shall be equipped with a lamp or lamps clearly visible for a distance of not less than 100 feet from the front and rear thereof. is hereby repealed. Repeal of Sec. 68-702. Section 10. No railroad, railroad company, railway company, or person, firm or corporation operating any line of railway in this State shall be required by the Georgia Public Service Commission, or otherwise, to alter its tracks at any underpass, or railroad trestle or bridge; to alter the grade of any public road or highway at any such underpass, railroad trestle or bridge, or to otherwise relay or reconstruct any portion of its tracks, or other structures, or any portion of any public road or highway, by reason of the provisions of this act, or to accomodate any motor vehicle exceeding twelve feet six inches (12[prime] 6[Prime]) in height. Alteration not required. Section 11. All laws or parts of laws of this State which are inconsistent and/or in conflict with the provisions of this Act are hereby repealed. Approved March 27, 1941. HOSPITAL SERVICENON-PROFIT CORPORATIONSACT AMENDED No. 144. An Act to amend the act approved March 30th, 1937 (Ga. Laws 1937 pp. 690, 696), authorizing the creation of non-profit corporations for the purpose of furnishing group hospital service by providing that the contracts for such hospital service between any such corporation and a

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subscriber thereto shall afford the subscriber the right to select for hospitalization any hospital of his choice in the State of Georgia which has been approved as provided in the above entitled act, to provide the method of payment by such corporation to such hospital for the hospitalization of such subscriber and all other persons entitled to hospital service, to require that all hospital service contracts hereafter issued by such corporations shall contain the provision herein provided for, to provide that all contracts issued by such associations shall be governed by the requirements of this act, to provide a penalty for refusal to comply with this act, and for other purposes. Be it enacted and it is hereby enacted by the General Assembly of Georgia: Section 1. That Section 5 of the act approved March 30th, 1937, (Ga. Laws 1937 pp. 690, 696) authorizing the creation of non-profit corporations for the purpose of furnishing group hospital service be and the same is hereby amended by adding at the end of said Section the following proviso: Act of 1937 amended. Provided, however, that all contracts issued by such corporations shall contain a provision, to be first approved by the Insurance Commissioner, which shall permit the person with whom made, and all persons entitled to hospital service thereunder, the right to receive hospitalization, either in ordinary or in emergency cases, at any hospital selected by such person which has been approved according to the above entitled act approved March 30th, 1937, and that such hospital shall be paid by said association the usual daily charge or rate of such hospital for hospital service, provided that its daily rate does not exceed the rate provided for in the contract of said hospital service association for non-participating hospitals. All hospital service contracts hereafter issued shall contain such a provision, and all hospital service

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contracts heretofore issued shall be governed by the requirements of this act. If any hospital service association shall refuse to comply herewith, or to comply with such contract provision, the Insurance Commissioner, after a hearing, of which reasonable notice shall be given to such association, may revoke the license of such hospital service association, if he shall find that such refusal was not in good faith. Patient, right to select hospital. Hospital, payment to Contracts, provisions of. License, revocation of. Section 2. That all laws and parts of laws in conflict with this act are hereby repealed. Repealing clause. Approved March 6, 1941. INSURANCE COMPANIESVOLUNTARY DEPOSITS WITH STATE TREASURER. NO. 430. An Act permitting insurance companies doing business in Georgia to make voluntary deposits of bonds with the State Treasurer, for the benefit and security of all policy obligations of such insurers in the United States, in addition to all the deposits of bonds now permitted by, or required of, such insurance companies by Section 56-301 of the Code of Georgia of 1933, as Amended; to provide for administering such deposits and the enforcement of claims thereon; to provide for the release of such deposits; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted, that from and after the passage of this Act, as follows, to-wit: Section 1. All fire, marine and life, casualty, indemnity and inland insurance companies chartered by the State of Georgia or other states or foreign governments and doing business in the State of Georgia, in addition to all deposits

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of bonds now permitted by, or required of, such companies under the provisions of Section 56-301 of the Code of Georgia of 1933, as Amended, may deposit with the State Treasurer of Georgia, for the purpose of enabling any such company to qualify to do business in any other state or states, bonds, for the benefit and security of all policy obligations of such deposition company in the United States, according to the terms of this Act. Such bonds so deposited shall be bonds of the United States, or bonds of this State which according to the Acts and Resolutions of the General Assembly are valid, or bonds of any county or municipality of this State which have been validated under the laws of this State, and, upon the request of the company desiring to make a deposit of bonds under the provisions of this Act, the State Treasurer shall receive, subject to the conditions of this Act, said bonds from the company and shall issue a receipt therefor and shall specially deposit said bonds in the State Treasury, and, whenever such company shall desire to withdraw such deposit and the Insurance Commissioner of Georgia shall certify to the State Treasurer, as is hereinafter provided, that such deposit is no longer required, in whole or in part, in order to comply with the laws of this or any other State, said deposited bonds, or so many thereof as are not so required, shall be delivered to the depositing company on presentation of the State Treasurer's receipt therefor. While said bonds are so deposited, the owner shall, subject to the notices and conditions hereinafter provided for or given, be entitled to collect the interest thereon. For the bonds so deposited the faith of the State is pledged that they shall be returned or disposed of as thereinafter provided. All bonds deposited by insurance companies under this or any other section of this title shall be registered bonds. Voluntary deposits of bonds. Section 2. All such bonds shall be transferred to and registered under the official title of the State Treasurer of Georgia, in trust for the benefit and security of all policy

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obligations of such depositing company in the United States, without preference or priority for or on account of any cause or causes whatever, except as otherwise provided for in this Act. The term policy obligations of such depositing company in the United States shall be deemed to include any and all persons having a legal or equitable right against the depositing company arising in the United States out of a contract of insurance. No depositing company shall assign or otherwise transfer all or any part of its interest in any such deposit without the approval in writing of the State Treasurer of Georgia and of the Insurance Commissioner of Georgia. No judgment creditor or other claimant, whether or not a person included in the classes of beneficiaries of such deposit, may levy upon or seize or otherwise obtain any deposit or any part thereof or income therefrom in whole or partial satisfaction of such claim. Beneficiary claimants against such deposit may only subject said deposit to their claims in the procedure provided for in this Act. Bonds to be deposited with state treasurer. Section 3. The depositing company may from time to time exchange for the deposited bonds, or any of them, other bonds eligible for deposit under the provisions of this Act. Exchange of bonds. Section 4. So long as the depositing company shall continue solvent and shall comply with the laws of this State applicable to such depositing company, provided there is no claim pending against said deposited bonds of which notice has been given to the State Treasurer, as is provided in this Act, said depositing company shall be permitted by the State Treasurer to collect and dispose of the income from the deposited bonds. Income from bonds. Section 5. Whenever any loss insured against shall occur, the insured, in order to secure his recovery, may give notice to the State Treasurer of the occurrence of said loss and of the amount claimed, after which notice the State Treasurer

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shall be bound to retain, subject to the order of the Georgia court of competent jurisdiction trying any suit that may be brought for the recovery of such loss, or any suit which may be brought upon any judgment obtained in the courts of another state, including the courts of the United States, on account of such loss, a sufficient amount to pay the judgment in said case in the event of recovery; and, if the amount for which said depositing company is liable shall not be paid within ten (10) days, said plaintiff may file an application with the judge of the superior court of the county where the case was tried for a receiver to take charge of as many bonds as shall be necessary to satisfy the aforesaid judgment. Loss and notice. Section 6. When said receiver shall be appointed by the judge, he shall always require bond and security of him for the faithful performance of his duty. The State Treasurer, on application by the receiver, shall deliver to him bonds of sufficient market value, if in his custody, to satisfy said judgment. The receiver's receipt shall be a complete discharge to said Treasurer and the State. The receiver shall apply to the judge of the superior court for an order of sale, and, in pursuance of said order, shall sell said bonds. After deducting such expenses and commissions as shall be allowed by the judge, he shall pay over to the plaintiff or his attorney a sufficient amount to satisfy the judgment; and, if there shall remain any residue in the hands of such receiver, he shall pay over the same to the agent of the depositing company, taking his receipt for the same, which shall be filed and recorded with the other papers in the case. Receiver's appointment and sale of bonds. Section 7. If there shall be conflicting claims, the State Treasurer shall deliver over to the receivers, in the order of their application, the aforesaid bonds; and, if there shall be any contest between creditors which cannot be settled in this mode, the party not receiving sufficient bonds through the receiver appointed in his behalf may become a party to

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the other case and make known his claim to the other receiver by making affidavit of the claim and filing the same with him, and the receiver shall report such claim to the judge of the superior court appointing him, who shall, by order, provide for a bill of interpleader as in cases of equity. Bill of interpleader. Section 8. Upon the deposit being made by any depositing company, as provided in the foregoing sections, the Insurance Commissioner shall issue a certificate setting forth the corporate name of the depositing company, its principal office, that it has fully complied with the provisions of this Act, and stating the amount deposited; provided, however, whenever so desired the depositing company may request of, and shall receive from, the State Treasurer a certificate setting forth the corporate name of the depositing company, its principal office, that it has fully complied with the provisions of this Act, and stating the amount deposited. Insurance commissioner to issue certificate. Section 9. When any depositing company shall desire to withdraw any deposit made with the State Treasurer hereunder, and the Insurance Commissioner of Georgia shall find that such deposit is no longer required, in whole or in part, in order to comply with the laws of this or any other State, he may to such extent release such deposit, and his certificate to that effect shall authorize the State Treasurer to return the bonds so released to the depositing company. A certificate from the Insurance Commissioner (or other official authorized to administer the insurance laws) of any other state or states, that the depositing company has fully satisfied or made provision for the full payment and satisfaction of all policy obligations therein, or that such policy obligations therein have been otherwise adequately provided for, shall be sufficient evidence that the deposit is no longer required by the laws of such other state or states; provided, however, that any notice of loss theretofore given

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in conformity with this Act shall remain effective, and the State Treasurer shall nevertheless retain bonds in an amount sufficient to meet the requirements of Sections 5 and 6 of this Act and as provided by such sections. Withdrawal of deposit by insurance company. Section 10. This Act shall not be interpreted as amending, changing or modifying in any respect any provision of the laws of Georgia now or hereafter in force or effect regarding deposits required to be made by any fire, marine, life, casualty, indemnity or inland insurance companies, chartered by the State of Georgia or other states or foreign governments and doing business in the State of Georgia. Does not change existing laws. Section 11. All laws and parts of laws in conflict with this Act be and the same hereby are repealed. Approved March 27, 1941. JUNE GENERAL STATE ELECTION LAW REPEALED. No. 66. An Act repealing an act approved February 24th, 1937, entitled: An Act to create and establish a state-wide general election in addition to those elections now provided for under existing laws, to provide how and when held, to provide for what purposes such general election shall be held; and for other purposes; and to provide when this repeal 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, as follows: Section 1. That the act of the General Assembly of Georgia approved February 24, 1937, entitled An Act to create and establish a state wide general election in addition to those elections now provided for under existing laws, to provide how and when held, to provide for what purposes

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such general election shall be held; and for other purposes, be and it is hereby repealed, effective January 1st, 1942. Act of 1937 repealed. Effective date. Section 2. That nothing in this act shall be construed to prevent the holding of a general election in the year 1941, as provided in said act approved February 24, 1937. Construction. Section 3. That all laws and parts of laws in conflict with this act are hereby repealed. Approved February 24, 1941. JURY COMMISSIONERS AND CLERKSCOMPENSATION IN CERTAIN COUNTIES. NO. 311. An Act to provide for compensation of jury commissioners and their clerks in every county of the State of Georgia having a population of not less than 85,000 and not more than 90,000 according to the population of such counties by the United States census of 1940 or any future census and for other purposes. Section 1. Be it enacted by the General Assembly and it is hereby enacted by the authority of same, that from and after the passage of this Act, the Ordinary or Board of Commissioners of Roads and Revenues or other governing authorities of any county in the State of Georgia having a population of not less than 85,000 and not more than 90,000 according to the United States census of 1940 or any future census, shall be authorized to fix the compensation of jury commissioners; provided, however, that such compensation shall not exceed $10.00 each for every days' service in revising the jury lists of said county, such compensation to be fixed by resolution duly entered on the

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minutes of said office and to be paid from the County Treasury. Applicable only in certain counties. Compensation. Section 2. Be it further enacted by the authority aforesaid, that the governing authorities of such counties may pay to the jury commissioners compensation not in excess of the maximum herein provided for services in revising the jury lists of such counties during the year 1940. 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 27, 1941. LICENSESHUNTING AND FISHINGSALE AND DISTRIBUTION. NO. 280. An Act To provide for the sale and distribution of hunting and fishing licenses by some county officer in each county in the State to be designated by the State Revenue Commission and approved by the Governor; to provide that the State Revenue Commission, with the approval of the Governor, shall have the authority to appoint some person or persons in counties over 50,000 population to sell and issue licenses; to provide compensation for the issuance of licenses; to provide for the furnishing of application and license forms; to provide for the enforcement of this Act and other penal provisions of the statutes of this State relating to illegal hunting or fishing without a license; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. From and after the passage and approval of this Act all hunting and fishing licenses shall be issued and

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sold by some selected county officer in each county who is designated by the State Revenue Commission and approved by the Governor. In counties of a population of more than 50,000, the State Revenue Commission, with the approval of the Governor, is authorized to appoint any person or persons to issue and sell said licenses, and all fees as now prescribed by law for the issuance and sale of such licenses shall be collected by those designated by the State Revenue Commission. Provided however, that in those counties where the particular officer selected to sell said licenses is on a salary basis, the compensation herein provided for in selling said licenses, shall be paid into and become the property of the county. Licenses to be sold by some county officer. Section 2. No license shall be issued except upon the written application of the person seeking to obtain the same, and said application and license, when issued, shall contain a full and complete description of the person to whom issued, as well as the legal residence and address of the person to whom issued; and no license shall be issued until the applicant therefor has paid to the issuing authority the full fee provided by law. The State Revenue Commission shall, on or before January 1st of each year, furnish to the county officer designated or person selected to issue licenses in the various counties, such number of application blanks and license forms as may be deemed necessary. Application for license. Section 3. The county officer or person designated to issue said licenses shall keep a duplicate of each application for a license filed with him, and a duplicate of each license issued by him, and shall forward one copy of each application and each license issued by him to the State Revenue Commission. The officer or person designated to issue and sell licenses shall also keep an accurate and complete monthly record of the name and address of each person to whom a license has been issued and the fee collected therefor, and at the end of each month, or within ten days

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thereafter, shall forward a copy of said record to the State Revenue Commission, together with copies of the licenses issued during said preceding month, and shall at the same time remit all monies collected by him for said licenses to the State Revenue Commissioner after first deducting ten per cent as compensation for his services. Duplicate of application for license to be kept. Section 4. The county officer or person designated to issue said licenses shall give a bond in the sum of one thousand ($1000.00) dollars, with some surety company authorized to do business in this State as security thereon, conditioned to faithfully perform his duties and to account for all funds coming into his hands from the sale of such licenses. The premium on such bonds shall be paid by the State Revenue Commission. Bond to be given. Section 5. The Director of the Division of Wild Life shall provide suitable buttons to contain the license so issued and it shall be unlawful for any person to hunt or fish without displaying the button with the license therein prominently upon his person at all times while engaged in hunting or fishing; Button and license to be displayed. Section 5B. This Bill shall not prohibit any person from hunting and fishing on his own property. Section 6. Any person required to secure a license who shall hunt or fish in this State without first obtaining a license from the issuing authority and displaying the button with the license therein upon his person in a prominent place while either hunting or fishing shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as now provided by law in Code Section 27-2605. It shall be the duty of the Rangers, officers or agents of the Division of Wild Life to enforce the penal provisions of this statute, and to investigate, apprehend and prosecute all persons who are found hunting or fishing without a license as required

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herein or in any manner violating the laws of this State relating to hunting or fishing. Violation of act a misdemeanor. Section 7. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1941. MISDEMEANOR CASESDEFENDANTS TO BE BOUND OVER No. 372. An Act to require all defendants in misdemeanor cases, in counties having a population of not less than 8,500 and not more than 9,000 according to the census of the United States for 1940, or any future census, to be bound over to the County or City Courts for trial; to provide that indictments may not be demanded in such courts; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, that in all counties in this State having a population of not less than 8,500 nor more than 9,000 according to the United States census of 1940, in which there is now, or may be hereafter established, a County Court or a City Court, it shall be the duty of every Justice of the Peace or other committing magistrate, to make all commitments in misdemeanor cases returnable to such County or City Court. Applicable only to certain counties. Defendant to be bound over to city or county court. Section 2. Be it further enacted by the authority aforesaid, that in all misdemeanor cases in County and City Courts in all counties in this State having a population of not less than 8,500 nor more than 9,000 according to the United States census of 1940, in which there is now, or may be hereafter established, a County Court or a City Court, the trial shall be had upon accusation, and no defendant

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in such cases shall have the right to demand indictment by a Grand Jury. Trial on accusation. 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 27, 1941. OUT-DOOR AMUSEMENTS ON LORD'S DAY. NO. 113. An Act To permit certain outdoor amusements, recreations and entertainments between certain hours to be furnished and engaged in on the Lord's Day in cities of two hundred thousand (200,000) or more population, according to the last or any succeeding Federal census, and to repeal all laws and parts of any conflicting with the provisions of this Act. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, it shall be lawful in cities of two hundred thousand (200,000) population or more, according to the last or any subsequent Federal census, to play or engage in outdoor amusements, recreations and entertainments, such as baseball and football, between the hours of one and six P. M. C. S. T., whether an admission charge is made or not. Out-door amusements. 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 26, 1941.

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PENSIONS MUNICIPALACT AMENDED. NO. 412. An Act To amend an Act approved August 20, 1927, as amended by an Act approved on the 28th day of March, 1935, and appearing in the published acts of 1935 on pages 447 to 450, inclusive, and as amended by an Act approved January 21, 1938, and appearing in the published Acts of 1938 on pages 349-351, inclusive and entitled An Act to amend an Act approved August 20, 1927, etc. and for other purposes, said Act approved on August 20, 1927, being entitled An Act to provide that cities having a population of more than One Hundred and Fifty Thousand (150,000) by the United States Census of 1920, or subsequent Census, shall furnish pensions to all officers and employees of such cities who have served for twenty-five (25) years now in active service, whose names are on the payroll of the City, and to future members as specified; to provide that such cities shall deduct from the salaries or wages of such officers and employees two percentum (2%), which shall be set aside in trust for and to make up any deficiency from the current funds of such cities; to provide for the collection and management of the funds; to create a Board of Trustees, to provide that this Act shall not repeal or otherwise affect any other pension now or hereafter paid by such cities, but that no pensioner shall receive two pensions; to provide that the sums due the pensioners shall not be subject to garnishment or judgment, and shall not be assignable; to provide that this Act shall not affect the workmen's compensation law or similar laws; to repeal conflicting laws; and for other purposes, being entitled An Act to amend an Act approved August 20, 1927; to repeal conflicting laws; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, that

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the Act approved August 20, 1927, appearing in the published acts of 1927 on pages 265 to 268, inclusive, and referred to in the title hereto, and being 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 employes, etc., and for other purposes be, and the same is hereby amended by striking Section 4 of said Act (see Section 4, Acts 1927, page 267) and inserting in lieu thereof a new Section 4, which shall read as follows: Act of 1927 amended. Applicable only to certain cities. Section 4: That there is hereby established a Board of Trustees, whose duty it shall be to see that the provisions of this Act are carried out by such cities, that the funds are kept separate. Each of such cities shall have a Board of Trustees composed of the Mayor, the City Comptroller, the City Treasurer (or such other officials who may discharge the duties usually assigned to such officers) together with two other members to be elected annually by the Board of Education from the employees of the School Department participating in said pension plan, one to be from the teaching employees and one from the non-teaching employees as soon after the adoption of this amendment as is practicable. The Mayor shall be chairman of the Board of Trustees and the Comptroller shall be Secretary thereof and all members of the Board shall serve without pay, except the Secretary who shall be paid $50.00 per month, from the pension fund. Whenever any pension has been granted by said Board, a check shall be drawn on the fund provided for the payment of the pension each month during the life of the pensioner, signed by the Mayor, countersigned by the Secretary and paid by the Treasurer. Said Board is authorized to make all necessary rules for the carrying out of the provisions of this Act, to reconcile conflicts therein, if any should exist, and to provide for the equitable disposition of any matter not specifically covered

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by the provisions of this Act, provided, that all of such rules must be consistent with the terms and spirit of such Act. Board of trustees established. Section 2. Said amendatory act of 1935 is amended by adding, after Section 4 thereof (See Acts of 1935, page 447) a new and additional section to be known as Section 4(a), which shall read as follows: Act of 1935 amended. Section 4(a). Where any employee participating in the provisions of this act shall die, and any and all refunds of amounts paid by him into said fund to which he would have been entitled as of the date of his death shall be paid to his estate. Funds payable to estate of deceased employee. Section 3. That said amendatory act approved March 28, 1935, appearing in the published Acts of 1935, pages 445 to 450, inclusive, and referred to in the caption hereof, and being entitled An Act to amend an Act approved August 20, 1927, etc., and for other purposes be, and the same is hereby amended by adding after Section 8 thereof new and additional sections to be known as Section 13, which shall reads as follows: Act of 1935 amended. Section 9: Be it further enacted that any member of said pension fund who shall hereafter become, because of accident or illness, totally and permanently disabled within the meaning of such terms as defined by law, may apply for a disability pension, and if such pension is approved by a majority of the Board of Trustees and the same shall be granted upon the following basis: No person shall be granted any pension whatsoever for disability until such person has been in the employment of the City for a period of fifteen (15) years. Such persons shall be entitled to receive as a pension such percentage of the full pension provided for as his years of service bears to twenty-five (25) years. That is to say, a person granted a pension at the expiration of fifteen (15) years shall be entitled to

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receive fifteen twenty-fifths (15/25ths) of the amount he would receive had he served a period of twenty-five (25) years. If such person had served twenty (20) years, he would receive twenty twenty-fifths (20/25ths) of whatever sum he would have been entitled to had he served twenty-five (25) years. In determining the number of years of service, no fractional part of a year shall be considered. That is to say, a person who has served eighteen (18) years and nine (9) months would be pensioned on a basis of eighteen twenty-fifths (18/25ths) of the full pension or for eighteen (18) years of service. Disability pensions. The disability pensions herein provided for shall be continued to the beneficiary after the death of such pensioner at [frac34]ths (three-fourths) the rate paid the pensioner wherever a provision has been made for a beneficiary. Where no beneficiary has been named, the disability pension shall cease at the death of the pensioner. Payments after death. In determining whether or not an employee shall be granted a disability pension on account of injury or ill health, the Board of Trustees shall consider three elements, namely, whether or not the pensioner has served the required number of years, whether or not such pensioner has complied with the Act, rules and regulations governing pensions, and whether or not such person is actually totally and permanently disabled in accordance with the provisions hereof. Determination of disability. Should the Board of Trustees refuse to grant a pension upon the ground that the applicant was not totally and permanently disabled, the applicant may select a physician, the Board of Trustees, a physician, and these two shall elect a third physician. These three, who shall be physicians licensed to practice medicine in the State of Georgia, shall thereupon examine the applicant and determine whether or not he or she is totally and permanently disabled. A

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decision of a majority of these physicians shall be conclusive upon all parties. Recourse when board refuses to grant pension. Section 10: Whereas, in certain departments of the City of Atlanta certain regular employees are required to work only nine (9) months out of each calendar year, it is hereby enacted that such employees who, in the ordinary conduct of the business of their particular department are required to work only nine (9) months out of each year, shall be credited with a full year in determining their period of service for eligibility to a pension. Employees who work only nine months in a year will be given credit for a year's service. Section 11: Be it further enacted that in the event that any employee coming within the provisions of this Act shall sever his connection with the City and withdraw the amount of money he has paid into the pension fund, and subsequently is reemployed by the City and desires to reenter said pension fund and receive credit for former years of service, he may do so and receive credit for such prior years of service by paying back into the pension fund the full amount so withdrawn on leaving the employment of the City, with four (4) percentum interest from the date of such withdrawal. In order to entitle any employee to the benefit of this section he shall, within sixty (60) days of his reemployment signify his desire in writing upon such forms as may be furnished by the Board of Trustees his desire to do so. Employees who return to service after leaving. Section 12: Where any employee participating in the provisions of this Act shall die while in active service and after having had not less than fifteen years of active service prior to his death, his beneficiary as defined in this Act, shall be entitled to receive a pension representing three-fourths of the amount that said member would have been entitled to receive in the future had such member not died but had become as of the date of his death totally and permanently disabled within the provisions of this Act. In other words, the amount paid to such beneficiary shall

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represent three-fourths of the amounts that such member would have received had such member not died but on the other hand had become, as of the date of death, totally and permanently disabled within the provisions of this Act, and as provided in Section 9 above. As an illustration, if a member earning Two Hundred ($200.00) Dollars per month should die after serving eighteen (18) years and nine (9) months, his beneficiary would be entitled to receive eighteen-twenty-fifths (18/25ths) of three-fourths ([frac34]ths) of what the member would have received had he been totally and permanently disabled at the end of eighteen (18) years, same being the sum of Fifty-four ($54.00) Dollars per month. Death benefits determined by length of service. Section 13: Be it further enacted that when any member by reason of his service is entitled to a pension and is discharged from the service of said city before making application therefor, such discharged person may make application for a pension within thirty (30) days from the date of his discharge, except where the discharge is for the commission of an unlawful act involving moral turpitude, and if otherwise entitled thereto the pension shall be granted. Discharge from service when entitled to pension. Application must be made within 30 days. Section 4. Be it further enacted that said Act of 1927, as amended, is hereby amended by striking Section 5 of said amendatory Act approved January 21, 1938, and appearing on page 350 of the published Acts of Georgia Laws Extra Session 1937-1938, and inserting in lieu thereof a new section 5, to wit: Section 5: Be it further enacted that any officer or employee who is not now contributing to any pension fund may, on or before May 1, 1941, become a member of such pension fund and be entitled to all of the emoluments herein provided and receive credit for all of the years of his service, including service prior to November 1, 1927, provided

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he shall pay into said fund the sum of two (2%) per centum of his salary, to be computed from November 1, 1927 (if in service on that date, otherwise from date of commencement of service) up to May 1, 1935, in the event he does not provide for the payment of said pension to his beneficiary, and in the event he does provide for the continuance of such payments to his beneficiary, he shall pay three (3%) per centum of such salary from November 1, 1927 (if in service on that date, otherwise from date of commencement of service) 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 beneficiary, and, in the event he does provide the continuance of said payment to his beneficiary, he shall pay three (3%) per centum of said salary from November 1, 1927 (if in service on that date, otherwise from date of commencement of service) 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. Employee not a present member may become a member of the pension fund. The benefits granted under the provisions of this Section shall be held to apply also to employees who, prior to the passage of this amendment, have entered or re-entered such pension fund under then existing laws. Section 5. Be it further enacted that whenever any employee who had been receiving salary of less than $100.00 per month shall have a salary increase to $100.00 per month or more, such employee, as of the first day on which he receives pay at said rate of $100.00 per month or more be required to join such pension fund and to contribute

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thereto thereafter pursuant to law, but such employee is given the right to obtain credit for period of service prior to such increase in salary for purposes of determining his eligibility for pension under the provisions of said Act by paying into said pension fund such proportions of his wages, prior to such date of joining such fund, the same to be computed as set forth in Section 5 of said Act as amended by this Act and as set forth in Section 3 of this amendment, provided, however, that such employee shall have the right to pay said total amount in twenty-four equal installments to be paid over a period of twenty-four (24) months, beginning as of the date of said employee's entrance into said pension fund. Employee making $100 per month or more must contribute. Section 6. That all laws or parts of laws in conflict herewith are hereby repealed. Approved March 27, 1941. PHOTOSTATIC COPIES BY CLERKSACT AMENDED. NO. 380. An Act to amend an Act approved March 20, 1939, entitled `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, etc.' (Acts 1939; p. 354); to permit the use of such equipment to record real estate mortgages and other instruments conveying real estate as security for debt, or evidencing conditional sale of real estate; and for other purposes. Be it enacted by the General Assembly of the State of

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Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. The Act approved March 20, 1939, entitled 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, etc. (Acts 1939, p. 354) is hereby amended by striking Section 4 of said Act and inserting in lieu thereof the following: Act of 1939 amended. Section 4. Be it further enacted by the authority aforesaid that the authority herein given shall include also the use of the aforesaid equipment to record instruments conveying real estate as security for debt or evidencing conditional sale of real estate, including real estate mortgages, security deeds, loan deeds, deeds of trust to secure and bonds for title, but shall not include the use thereof to record other instruments conveying real estate. Recording instruments. Section 2. All laws and parts of laws in conflict with this law are hereby repealed. Approved March 27, 1941. POLICE PENSIONSACT AMENDED. NO. 207. An Act To amend an Act to provide a pension for the Police Department in Cities having a population of 150,000 or more in the State of Georgia according to the last census of the United States, and for other purposes, said Act published Georgia Laws 1933 Pages 213-222, both inclusive, approved February 15, 1933, and as

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thereafter amended, so as to accomplish the following: To amend Section 2 so as to bring supernumeraries within the purview of the act on certain conditions; to strike Section 5 and enact a new Section 5 with reference to computing the time required to come within the purview of the Act; to repeal Section 10 of said Act and to provide a new Section in lieu thereof requiring the Mayor and General Council of such City to appropriate $90,000.00 annually and pay same into the pension fund created under the provisions of that act during the month of January of each year; to strike in its entirety Section 11 of that Act; to repeal Section 22, and to provide another Section in lieu thereof requiring the Mayor and General Council to appropriate and pay into the pension fund created under that Act a sufficient amount to make up any deficit in pension funds; to amend Section 24 by striking the word Governor and inserting in lieu thereof the words Governing Authorities, so as to clarify said Section, 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 approved February 15, 1933, entitled An Act to Repeal an Act Approved August 15, 1925 and to provide a pension for members of the police department in cities having a population of 150,000 or more in the State of Georgia according to the last census of the United States, said Act published in Georgia Laws, 1933, pages 213-222, both inclusive, be amended in the following particulars: Act of 1933 amended. Section 1. Section 2 is amended by adding thereto the following provisions: Time served as a supernumerary shall count as active service and time of service for a pension under the terms of this Act, except that any supernumerary not reporting for duty shall apply for and procure a leave of absence during which leave he shall pay nothing into the pension

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fund and shall receive no credit for active service or time of service. Otherwise, a supernumerary shall pay the same and receive credit for the same time of service as a regular officer of the department. so that as amended the said Section 2 shall read as follows: Section 2. Be it further enacted, that every member of such police department who has stood civil-service examination and has been passed by the civil service board, and whose names are on the pay-roll of such police department at the time of the passage of this Act, and future members of such departments, may as a matter of right retire from active service, provided he shall have served twenty-five (25) years in active service at the time of his retirement; and the time of service shall be counted from the time said policeman was sworn in as a member of such department. Time served as a supernumerary shall count as active service and time of service for a pension under the terms of this Act, except that any supernumerary not reporting for duty shall apply for and procure a leave of absence during which leave he shall pay nothing into the pension fund and shall receive no credit for active service or time of service. Otherwise, a supernumerary shall pay the same and receive credit for the same time of service as a regular officer of the department. Time served as a supernumerary shall count as active service unless not reporting for duty. Section 2. Section 5 of said Act is repealed and the following section enacted in lieu thereof: Section 5. Be it further enacted, that should any member of such police department be suspended for cause, and the suspension without pay approved by the police committee, or should he be on leave of absence without pay, the time so spent under suspension or on leave without pay shall not be counted in the time required for a pension because of service in such department under the provisions of this Act, and that no payment into the pension fund

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shall be required for the time under suspension or on leave without pay. Suspension or leave not counted on service record. Section 3. Section 10 of said Act is repealed, and the following section enacted in lieu thereof: Section 10. The Budget Commission and the Mayor and General Council of such city shall appropriate from any funds available the sum of $90,000.00 per annum and shall pay said amount into the pension fund created under the provisions of this Act during the month of January of each year. The Mayor and General Council shall not treat any funds whatsoever paid into the pension fund created under the provisions of the Act as receipts for the purposes of computing funds due the school department under the Charter of such City. City to appropriate funds annually Section 4. Section 11 of said act is hereby repealed. Section 11 repealed. Section 5. Section 22 of said Act is hereby repealed and the following section enacted in lieu thereof: Section 22. In the event there shall at any time be less funds on hand than are needed to carry out the terms of this Act, the Budget Commission and the Mayor and General Council of such city shall immediately appropriate from any funds available a sufficient amount to make up the deficiency and to provide sufficient funds for the payment of pensions due in full under the provisions of this Act. Deficiency in funds to be immediately made up. Section 6. Section 24 of said Act is amended by striking therefrom the word Governor and substituting in lieu thereof the words governing authorities, so that as amended the new section 24 shall read as follows: Section 24. Be it further enacted, that each and every member of such police department shall pass a civil-service examination as may be required by the governing authorities

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of such cities before he can be taxed $3.00 per month as provided in this Act, and before he can become entitled to participate in any of the funds raised under the provisions of this Act for relief and pensions. Examination. Section 7. The provisions of this amendment to said Act shall become effective as of the first day of January 1941. Effective date of act. Section 8. 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, but only insofar as said provisions conflict with the terms of this amendment. Approved March 24, 1941. PRIORITY OF CLAIMS FOR LABOR AND MATERIAL FURNISHED FOR IMPROVEMENT ON REAL PROPERTY. No. 264. An Act Prohibiting any architect, landscape architect, engineer, contractor, sub-contractor, or other person, with intent to defraud, using the proceeds of any payment made on account of improvement of real property for any other purpose than to pay for labor or services performed or material furnished; to provide penalty for violation; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. Any architect, landscape architect, engineer, contractor, sub-contractor, or other person who, with intent to defraud, shall use the proceeds of any payment made to him on account of improving certain real property for any

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other purpose than to pay for labor or service performed on or, materials furnished by his order for this specific improvement, while any amount for which he may be or become liable for such labor, services, or materials remains unpaid shall be guilty of a felony and upon conviction shall be punished by imprisonment for not less than one year nor more than five years, or upon the recommendation of the jury, or in discretion of the trial judge, punished for a misdemeanor. A failure to pay for the material or labor so furnished shall be prima facie evidence of intent to defraud. Priority of claims. Punishment. 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 27, 1941. PROBATION OF OFFENDERS IN CERTAIN CASES. No. 433. An Act To amend an Act approved August 16, 1913, entitled An Act to give all courts having jurisdiction in felony and misdemeanor cases in the State of Georgia, authority in certain cases so to mold their sentences as to allow defendants, upon a rendition of a verdict or judgment of guilty, to serve same outside the confines of the chaingang, jail or other place of detention, under the supervision of the court, to prescribe conditions which the court may impose upon such persons, herein known as probationers: etc., (Acts 1913 p. 112), as now embodied in Title 27 (Criminal Procedure) Part 7 (After Conviction and Sentence) Sections 27-2702, 2703, 2704, 2705 of the Code of Georgia of 1933, by adding a new section, so as to authorize the courts where the defendant has been convicted or plead guilty to the offense of abandonment

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or bastardy to impose suspended sentence thereon and to empower the county probation officer to supervise and enforce the terms provided in said suspended sentence for the support and maintenance of the child or children abandoned or for the support of illegitimate child or children, and to further provide that said county probation officer, upon specific order of the Judge of the Superior Court shall have authority to collect and disburse payment of alimony for the support of wife, and child or children, to amend Section 74-9902, of the Code of Georgia of 1933, the same being an Act defining the offense of abandonment of child, fixing a penalty for said offense, providing that a wife shall be a competent witness in such cases, defining the words Dependent Condition, to provide for separability, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. The act approved August 16, 1913 (Georgia Laws 1913, page 112) as now embodied in Title 27 (Criminal Procedure) Part 7 (After Conviction and Sentence) Sections 27-2702, 2703, 2704, 2705, of the Georgia Code of 1933, entitled An Act to Give all Courts jurisdiction in Felony and Misdemeanor cases in the State of Georgia authority in certain cases, so to mold their sentences as to allow defendants, upon a rendition of a verdict or judgment of guilty, to serve same outside the confines of the chaingang, jail or other place of detention, under the supervision of the Court, to prescribe conditions which the court may impose upon such persons, herein known as probationers, etc. be, and is hereby amended by adding at the end of Section 1 of said aforesaid Act (as now embodies in Section 27-2702 of the Code of 1933) the following, to be

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known as Section 1 (a) and to be known as Section 27-2702 (a), Code of 1933, to-wit: Act of 1913 amended. In all prosecutions for the offense of abandonment or bastardy, where the defendant has been convicted either upon a trial or upon his plea, the Court passing sentence upon such defendant may suspend such sentence in its discretion, upon such terms providing for the support and maintenance of the child or children abandoned, during its or their minority, or for the illegitimate child or children until it or they reach the age of 14, as the case may be, and by order refer such cases to the County Probation Officer, who is hereby authorized and empowered to supervise and enforce the terms provided in said suspended sentence for the support and maintenance of the child or children abandoned or for the support of illegitimate child or children, during the term of the suspended sentence, and further that said County Probation Officer shall, when ordered to do so by a judge of the Superior Court, in any specific case, collect and disburse moneys as directed, alimony for the support of his wife and child or children, which may be awarded by such judge in any case or proceeding pending in such Superior Court. Bastardy, suspension of sentence in certain cases. Section 2. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that Section 74-9902 of the Code of Georgia of 1933, defining the offense of Abandonment of Child, fixing a penalty for said offense, providing that a wife shall be a competent witness in such cases, and for other purposes, be amended by adding at the end of said section as it now reads, the following words: Code section 74-9902 amended. The offense of Abandonment shall be and is hereby declared to be a continuing offense. Former acquittal or conviction of said offense shall not be a bar to further prosecution therefor under this section, if it shall be made

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to appear that said child was in a dependent condition as defined herein for a period of thirty days prior to the commencement of prosecution, so that as amended said Code Section shall read as follows: 74-9902 (116 P.C.) Abandonment of Child. Wife. The wife shall be a competent witness in such cases, to testify for or against husband. A child thus abandoned by the father shall be considered to be in a dependent condition when the father does not furnish sufficient food and clothing for the needs of the child. The offense of Abandonment shall be and is hereby declared to be a continuing offense. Former acquittal or conviction of said offense shall not be a bar to further prosecution therefor under this section, if it shall be made to appear that said child was in a dependent condition as defined herein for a period of thirty days prior to the commencement of prosecution. Abandonment of child. Wife competent witness against husband. Continuing offense. Dependent condition. Section 3. Be it further enacted that if any Section, clause or phrase of this Act shall for any reason be declared unconstitutional, void or illegal, said Act shall otherwise be held valid as if such unconstitutional void or illegal section, clause or phrase had not been included herein. Constitutionality. Section 4. This Act shall become effective immediately upon approval thereof and all laws and parts of laws in conflict are hereby repealed. Repealing clause. Approved March 27, 1941.

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PUBLIC WELFARE LAWSADMINISTRATION. No. 373. An Act to provide for more efficient administration of the Public Welfare Laws of this State; to limit the participation by the counties in the expense of administering such law and paying the benefits provided for thereby; to provide for the immediate investigation and certification of all persons eligible to receive old age assistance; to authorize and provide for the suspension and removal of members of the County Boards of Public Welfare, the County Directors of Public Welfare and employees and officials of the State Department of Public Welfare; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That from and after the passage and approval of this Act, the various counties of the State shall contribute not more than five per cent. of the total cost of administration and the total cost of all benefits payable under the Act approved February 26, 1937, known as the Old Age Assistance Act, the Act approved February 26, 1937, known as the Aid to the Blind Act, and the Act approved February 26, 1937, known as the Aid to Dependent Children Act; the remaining ninety-five per cent. of such administrative expenses and grants shall be payable by the State Department of Public Welfare and the Social Security Board. The Governor is hereby authorized by appropriate executive order to enforce this section. Counties, contribution by Executive order. Section 2. It shall be the duty of the State Department of Public Welfare, the County Department of Public Welfare and the County Directors of Public Welfare to immediately investigate all applications for assistance to the needy aged now pending under the Act approved February 26, 1937, known as the Old Age Assistance Act which

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have not heretofore been acted upon, and to immediately certify those found eligible under said Act and provide for the prompt payment to them of the old age assistance payable under said Act. The Governor is authorized by appropriate executive order to enforce this section. Applications, investigation of. Section 3. In order that the public welfare laws of this State may be better enforced, the Governor of this State is hereby authorized and empowered to suspend any member of any county board of public welfare or any county director of public welfare or any employee or official of the State Department of Public Welfare, when ever he shall find that good cause for such suspension exists. Such suspension shall be by executive order of the Governor, which shall state the reason therefor. A copy of such order of suspension shall be sent to the person so suspended within five days after it is issued, by registered mail (return receipt requested), together with a notice from the Governor or his Executive Secretary that the suspended person may be heard before the Governor at such time as may be stated in the notice, to be not less than ten nor more than twenty days from the date of the notice. Upon such hearing, if the Governor shall find that good cause for the removal of the person so suspended exists, he is authorized and empowered to remove such member of any county board of public welfare or county director of public welfare or employee or official in the State Department of Public Welfare; whereupon such person's tenure of office or employment shall terminate and the vacancy shall be filled as provided by law. If the Governor shall find that good cause for the removal of such person does not exist, he shall, by appropriate executive order, restore him or her to duty. Suspension. Hearing notice of. Removal for cause. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Repealing clause. Approved March 27, 1941.

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REAL PROPERTY CONVEYED TO SECURE DEBTREVERSION. NO. 315. An Act To limit the effect of and time for enforcing conveyances of real property to secure debt by providing for a reversion of title, when title shall revert, when powers of sale shall be exercised, and when suits to recover the property under such conveyances shall be brought, to provide the effective date hereof; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That title to real property conveyed to secure a debt or debts shall revert to the grantor, his heirs, personal representative, successors, and assigns at the expiration of twenty years from the maturity of such debt or debts, or the maturity of the last installment thereof, as stated or fixed in the record of such conveyance (or in the conveyance if not recorded), or, if the maturity is not stated or fixed, at the expiration of twenty years from the date of the conveyance as stated in the record (or in the conveyance if not recorded), or, if the maturity is not stated or fixed and the conveyance is not dated, at the expiration of twenty years from the date the conveyance is recorded (or is delivered if not recorded); Provided, That foreclosure, by suit or by exercise of power of sale, started prior to reverter of title shall prevent such reverter if such foreclosure be completed without delay chargeable to the grantee, his heirs, personal representatives, successors or assigns: Provided further, That if the grantee, his personal representatives, heirs, successors or assigns, or any one of them if more than one, or an officer of a corporation having an interest, shall, at any time before title reverts as herein provided, make and cause to be recorded upon

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the record of such conveyance or elsewhere in the public records with notation of the place of record of the renewal on the record of such conveyance (or upon the conveyance if not recorded, a written renewal of the debt or debts secured or such part thereof as are not fully paid, and are not barred, the renewal to be signed by the original grantor, his heirs, personal representatives, or successor in title to the real estate conveyed, of which renewal shall be dated, the conveyance and record thereof shall remain of full force and effect and title shall not revert for an additional period of twenty years from the date of such renewal, unless the debt or debts be paid sooner. It shall be the duty of the clerks of the superior courts to record renewals herein provided for as herein authorized, for which services the clerks shall be entitled to the same fees allowed for recording deeds. Real property conveyed to secure a debt shall revert after 20 years. Section 2. That the provisions of the preceding section shall not operate to make such conveyance a mortgage, but the same shall be held to be an absolute conveyance of title, subject to reversion. Title conveyed subject to reversion. Section 3. That powers of sale in conveyances of real property to secure debt shall not be exercised when suit to foreclose the instrument is barred, and a sale or conveyance under power in such instrument thereafter shall be absolutely void and not merely voidable. Power of sale also barred. Section 4. That no suit shall be brought to recover property upon title of a conveyance of real property to secure debt when a suit to foreclose and the exercise of power of sale are barred. Conveyance to secure debt barred. Section 5. That after May 1, 1943, the provisions of Sections 3 and 4 of this Act shall apply to unforeclosed conveyances to secure debt in existence when this Act becomes effective. Effective date. Section 6. That no suit to foreclose, and no suit to

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recover property under, a conveyance of real property to secure debt shall be commenced, and no power contained in or conferred by a conveyance of real property to secure debt shall be exercised, after title thereby conveyed has reverted as provided in this Act. No suit can be brought after title has reverted. Section 7. 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 other persons or circumstances, shall not be affected thereby. Section 8. Provided however this act shall not apply in those cases where the grantor, or his successors in possession, have surrendered possession of the property described in such deed to secure debt, to the grantee or his successors in title in settlement of said indebtedness. Act not to apply where grantor relinquishes possession in settlement of debt. Section 9. That all laws and parts of law in conflict herewith are hereby repealed. Section 10. Unless otherwise provided herein the provisions of this Act shall become effective on May 1st, 1942. Effective date of this act. Approved March 27, 1941. REGISTRATION OF GUESTS AT TOURIST CAMPS REQUIRED. No. 140. An Act to require registration of guests under their true names at tourist camps or like places by whatever name called; to provide for penalties for violation thereof; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That every person operating a tourist camp or like place by whatever name called, located outside of the

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corporate limits of any municipality in this State, shall furnish and keep on the premises a book or other permanent record for the registration of guests, which shall be signed at the time of occupancy by every person using or occupying any bed room as a guest at such place, under his or her true and lawful name and address of legal residence, and shall give the license number of the motor vehicle transporting such person or persons to such place, and the drivers license number of such person, and such book or other permanent record shall be available at all times for inspection by any local, county, state or federal peace or law enforcement officer. Book to be kept. Registration. Section 2. Every person violating any provision of this Act shall be punished therefor as a misdemeanor. Crime. Section 3. All laws and parts of laws in conflict herewith be, and they are, hereby repealed. Approved March 6, 1941. RIGHT OF EMINENT DOMAIN GRANTED IN CERTAIN COUNTIES. NO. 403. An Act To confer the right of eminent domain for the purpose of laying water mains and pipes and sanitary sewer lines upon all Counties in this State having a population of not less than 57,000 and not more than 80,000 by the United States census of 1940, or any future United States census; to provide for the payment of adequate compensation for lands so taken; to provide for the manner of procedure to exercise such right; 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,

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that from and after the passage of this Act all Counties in the State of Georgia having a population of not less than 57,000 and a population of not more than 80,000, according to the United States census of 1940, or any future United States census, shall have the right of eminent domain in the condemnation of private property for the purpose of laying water mains or water lines and sanitary sewers, together with the right of ingress and egress over and upon adjoining lands for the erection, repair, replacement and maintenance of the same; and for other purposes. Applicable only to certain counties. Right of eminent domain. Section 2. Whenever the Commissioners of Roads and Revenues, or other governing authority, shall decide to condemn lands for the purpose of laying water mains and sanitary sewers as provided in this Act, the manner of procedure and payment for lands so taken shall be as set forth in Chapters 36-2 through 36-6 of the Code of Georgia for the year 1933. Procedure. Section 3. A resolution entered on the minutes of the Commissioners of Roads and Revenues of such Counties, or on the minutes of the Ordinary, as the case may be, shall be sufficient to establish the necessity of such condemnation and decision to condemn. Resolution of commissioners to establish right. Section 4. Be it further enacted by authority aforesaid that all laws in conflict herewith are hereby repealed. Approved March 27, 1941. SALARIES OF CLERK AND SHERIFF IN CERTAIN COUNTIES. No. 401. An Act To amend an Act to change from the fee to the salary system in certain counties in Georgia, the Clerk of the Superior Court, the sheriff and the ordinary, etc.,

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approved January 17, 1938 (Ga. Laws, Extra Session 1937-1938, pp. 882-886) by inserting between the words Georgia and having in line two of Section 1 of said Act the words except the County of Marion; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act to change from the fee to the salary system in certain counties in Georgia, the Clerk of the Superior Court, the sheriff and the ordinary, etc., approved January 17, 1938 (Ga. Laws Extra Session 1937-1938, pp. 882-886) be and the same is hereby amended by inserting between the words Georgia and having in line two of Section 1 of said Act the words except the County of Marion so that when so amended Section 1 of said Act shall read as follows: Act of 1938 amended. This Act shall apply to all counties in the State of Georgia, except the County of Marion, having by the United States Census of 1930, a population of not less than six thousand eight hundred and ninety-five (6,895) inhabitants, nor more than six thousand nine hundred and twenty-five (6,925) inhabitants, and to all counties in the State having by any future census of the United States a population of not less than six thousand eight hundred and ninety-five (6,895) inhabitants nor more than six thousand nine hundred and twenty-five (6,925) inhabitants. Application of act. Section 2. That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved March 27, 1941.

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SALARIES OF CLERKS IN LIEU OF FEESACT AMENDED. No. 226. An Act To amend an Act relating to salaries of clerks in lieu of fees approved March 2, 1933 (Georgia Laws 1933, pages 238 et seq.) by making the said Act applicable to counties on a basis of the 1930 census only; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Act of the General Assembly relating to salaries of clerks in lieu of fees approved March 2, 1933 (Georgia Laws 1933, page 238 et seq.) be and the same is hereby amended by striking from the caption of the said Act the following language: or any subsequent United States census, so that the caption of the said Act when amended shall read as follows: Act of 1933 amended. An Act to provide a salary in lieu of the fee system for the clerk of superior court and other courts served by the clerk of the superior court in counties of twenty-six thousand seven hundred fifty (26,750) to twenty-seven thousand seven hundred fifty (27,750) inhabitants, inclusive, according to the United States census of 1930, and for other purposes. Caption of act amended. Section 2. The Act of the General Assembly relating to salaries of clerks in lieu of fees approved March 2, 1933 (Georgia Laws 1933, page 238 et seq.) be and the same is hereby further amended by striking from Section 1 thereof the following language: or according to any subsequent United States census, so that Section 1 of the said Act when amended will read as follows: That in all counties of this State having a population of twenty-six thousand seven hundred fifty (26,750) to twenty-seven thousand seven hundred fifty (27,750) inhabitants,

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inclusive, according to the United States census of 1930, the fee system of compensating the clerk of the superior court for all his services as such clerk, and as clerk of any other court of this State in said counties, is hereby abolished; and the said clerk shall hereafter be paid a salary as herein provided, in lieu of all fees paid said clerk under the fee system. Applicable only in certain counties. Salary in lieu of fees. Section 3. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Repealing clause. Approved March 22, 1941. SALE OF FIREWORKSLICENSE REQUIRED. No. 409. An Act To provide that in every County in the State of Georgia having a population of not less than 57,000 and not more than 80,000, according to the census of the United States for the year 1940, or according to any future census of the United States, no person, firm or corporation shall sell at either wholesale or retail, give away or distribute any fire works in said County without first having obtained a license to sell or distribute fire works from the Commissioners of Roads and Revenues of such County, or other governing body of said County; to confer authority on the Commissioners of Roads and Revenues, or other governing body of said County, to grant, renew, refuse and revoke such licenses, and to make rules and regulations governing the enjoyment of the same as they may deem proper for the public good and the public safety; to confer authority on the Commissioners of Roads and Recenues, or other governing body of said County, to levy a license or occupational tax on such persons, firms or corporations included within the provisions

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of this Act, and to provide punishment for violations of this Act; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, that from and after the passage of this Act no person, firm or corporation shall sell at either retail or wholesale, give away or distribute, any fire works outside the limit of incorporated towns or cities in any County in this State having a population of not less than 57,000 and not more than 80,000, according to the 1940 census of the United States, or any future United States census, without first having obtained a license so to do from the Commissioners of Roads and Revenues of such County, or other authority in charge of such Counties. License necessary. Applicable only to certain counties. Section 2. Such Commissioners of Roads and Revenues or other authority in charge of said Counties shall have the authority to grant, renew, refuse and revoke such licenses, and shall have the authority to issue the same subject to and upon such terms, conditions, rules and regulations as they may deem proper for the public safety and the public good. Authority to license. Section 3. Such Commissioners of Roads and Revenues, or other authority in charge of said Counties, shall have authority to levy a license or occupational tax on all persons, firms or corporations included within the provisions of this Act, the payment of which shall be a condition precedent to the granting of such license. License tax. Section 4. Any person, firm or corporation selling, giving away or distributing fire works without having a license as provided in this Act shall be guilty of a misdemeanor. Crime. Section 5. Be it further enacted that all laws and parts of laws in conflict with this measure be and the same are hereby repealed. Approved March 27, 1941.

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SANITARY SEWERS AND WATER MAINS IN CERTAIN COUNTIES. No. 353. An Act To empower all Counties having a population of not less than 57,000 and not more than 80,000 according to the 1940 United States census, or any future United States census, to lay and install sanitary sewers and water mains and pipes in such Counties and outside any municipality, to charge a fee for connections thereto, to contract with municipalities for furnishing water through such lines to customers connected therein, to convey such water lines to municipalities in consideration of maintenance and continuous furnishing of water through same at prevailing rates to be paid by consumers, to provide for punishment for unauthorized connection onto sewer and water pipe; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that all Counties having a population of not less than 57,000 and not more than 80,000, according to the 1940 United States census or any future United States census, are empowered to lay and install sanitary sewers and water mains and pipes whenever the Commissioners of Roads and Revenues of such Counties deem it in the interest of public health or sanitation. Applicable only to certain counties. Section 2. Such Counties are authorized to charge a fee, to be determined by the Commissioners of Roads and Revenues, or other fiscal agent, for every connection or tap onto said sewer and water pipes, the full payment of which shall be a condition precedent to the making of such connection, and such Commissioners of Roads and Revenues are authorized to make and enforce rules and regulations governing the use of such sanitary sewers and water mains, for a violation of which, the connection may be severed. Such tap

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or connection fee shall in no event be in payment for any water used, but the cost of water used shall be in addition to the fee paid for connection to such water pipes. Sanitary sewers and water mainsfees. Section 3. Such Counties are empowered to contract with municipalities for the furnishing of water, through such mains and pipes, to consumers who shall pay for such water direct to such municipality, and such Counties are empowered to convey such water mains and pipes to municipalities in consideration of future maintenance of same and the supplying of water through the same to consumers on payment of the cost of such water by consumers. Counties may contract with municipalities to furnish water. Section 4. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1941. SEED LAW FOR GEORGIA. No. 323. An Act To regulate the labeling, sale, and offering or exposing for sale, of agricultural, vegetable and certain forest tree seeds; to prevent misrepresentation thereof; to repeal all laws in conflict with this Act; and for other purposes. Be it enacted by the authority of the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same as follows: Section I. Definitions. When used in this Act (a) The term person shall include a partnership, corporation, company, society, or association. Definitions. (b) The term agricultural seeds shall include the seeds

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of grass, forage, cereal and fiber crops and any other kinds of seeds commonly recognized within this State as agricultural or field seeds, and mixtures of such seeds. (c) The term vegetable seeds shall include the seeds of those crops which are grown in gardens or on truck farms and are generally known and sold under the name of vegetable seeds in this state. (d) The term certain forest tree seeds shall include long leaf pine (Pinus palustris), Slash pine (Pinus caribaea), loblolly pine (Pinus taeda) and Short leaf pine (Pinus echinata). (e) The term weed seeds shall include the seeds of all plants generally recognized as weeds within this state, and shall include noxious-weed seeds. (f) Noxious-weed seeds shall be divided into two classes, primary noxious-weed seeds and secondary noxious-weed seeds which are defined in (1) and (2) of this subsection; Provided, that the Commissioner of Agriculture may add to or subtract from the list of seeds included under either definition, whenever it is found, after public hearing, that such additions or substractions are within the respective definitions. 1. Primary noxious-weed seeds are the seeds of perennial weeds such as not only reproduce by seed, but also spread by underground roots or stems, and Canada thistle and dodder, which, when established, are highly destructive and difficult to control in this state by ordinary good cultural practice. Primary noxious-weed seeds in this state are the seeds of: Bindweed (Convolvulus spp.), Johnson grass (Sorghum halepensis), Wild Onion or Garlic (Allium vineale), Nut Grass (Cyperus rotundus), Quack grass (Agropyron repens), Bermuda grass (Cynodon dactylon), and Canada Thistle (Cirsium arvense), and dodder (Cuscuta spp.).

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2. Secondary noxious-weed seeds are the seeds of such weeds as are very objectionable in fields, lawns, or gardens of this state, but can be controlled by good cultural practice. Secondary noxious-weed seeds in this state are the seeds of: Corn Cockle (Agrostemma githago), coffee week (Cirhorium intybus), Darnel (Lolium temulentum), Cheat or Chess (Bromus spp.), Sand spur (Cenchrus (pauciflorus), Rough pig weed (Amaranthus retroflexus), Plantains (Plantago spp.), Wild mustard (Brassica spp.), and Bitter weed (Helenium tenuifolium). (g) The term labeling includes all labels, and other written, or printed, or graphic representations, in any form whatsoever, accompany and pertaining to any seed whether in bulk or in container, and includes invoices. (h) The term advertisement means all representations, other than those on the label, disseminated in any manner or by any means, relating to seed within the scope of this Act. (i) Hybrid seed cornthe term Hybrid Seed Corn means the first generation seed of a cross produced by controlling the pollination, and by combining two, three, or four inbred lines, or by combining one inbred line or a single cross with an open pollinated variety. Hybrid designations shall be treated as variety names. The term inbred means a pure line strain that has been self-pollinated by not less than three generations. Section II. Label Requirements. Each container of vegetable seed, certain forest tree seed and each container of agricultural seed of five pounds or more, which is sold, offered for sale, or exposed for sale, within this state for sowing purposes shall bear thereon or have attached thereto in a conspicuous place, a plainly written or printed

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label or tag in the English language, giving the following information: Label requirements. (a) For agricultural seeds (1) State or origin. (2) Commonly accepted name of (a) kind of variety, and (b) the kind and type, of each agricultural seed component in excess of five per cent of the whole, and the percentage by weight of each in the order if its predominance. Where more than one component is required to be named, the word mixture or the word mixed shall be shown conspicuously on the label. (3) Lot number of other lot identification. (4) Origin, if known. If the origin is unknown, that fact shall be stated. (5) Percentage by weight of all weed seeds; provided that in no case the weed seed content shall exceed two and one-half (2%) per cent by weight, except certain exceptions that may be approved by the Commissioner of Agriculture and published in the Rules and Regulations herein provided for. (6) The name and approximate amount in percentage of each kind of primary or secondary noxious-weed seed. All determinations of noxious-weed seeds are subject to tolerances and methods of determination prescribed in the rules and regulations to be formulated by the Commissioner of Agriculture in carrying out the provisions of this Act. (7) Percentage by weight of agricultural seeds other than those required to be named in the label. (8) Percentage by weight of inert matter. (9) Name and address of the person who labeled

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said seed or who sells, offers, or exposes said seed for sale within this state. (b) For hybrid seed corn the following information shall be given in addition to that shown in Section II (a) of this Act: 1. Name and address of the party who grew the seed, or is responsible for the distribution. 2. The variety and kind of the foundation seed stock used in its production. 3. The name or designation under which each lot of seed will be sold, and 4. The length of growing season of the corn in days from germination to maturity. (c) For vegetable seeds (1) State where grown. (2) Name of kind and variety of seed. (3) For seeds which germinate less than the standard last established by the commissioner of Agriculture under this Act. (A) Percentage of germination, exclusive of hard seed; (B) Percentage of hard seed, if present; (C) The calendar month and year the test was completed to determine such percentages; (D) The words Below Standard in not less than eight point type; and (4) Name and address of the person who labeled said seed, or who sells, offers, or exposes said seed for sale within this state.

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(d) All certain forest tree seeds as defined by this Act shall be labeled in the same manner as prescribed for agricultural and vegetable seeds with the following information: 1. State and county of origin. 2. Name of collector. 3. Date of collection including year and month. 4. Technical generic and specific names in official use by the U. S. Department of Agriculture. 5. Purity of seeds expressed as the percentage by weight of whole, normal seeds, with or without wings, of the species concerned and in addition the percentage of any other species of seeds if present. If the purity percentage is based on seeds with wings attached it shall be so stated. 6. Germination percentage. Section III. Prohibitions. (a) It shall be unlawful for any person to sell, offer for sale, or expose for sale any agricultural, certain forest tree seeds, or vegetable seed within this State Prohibitions. (1) Unless the test to determine the percentage of germination required by Section II, shall have been completed within a nine month period, exclusive of the calendar month in which the test was completed, immediately prior to sale, exposure for sale, or offering for sale or transportation. (2) Not labeled in accordance with the provisions of this Act, or having a false or misleading labeling. (3) Pertaining to which there has been a false or misleading advertisement. (4) Containing primary noxious-weed seeds subject to tolerances and methods of determination prescribed in the rules and regulations under this Act.

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(5) Seed that have been treated with poisonous material, unless the label on such seed is plainly marked in red color in not less than one-fourth inch letters with the words Poison Treated. (b) It shall be unlawful for any person within this State (1) To detach, alter, deface, or destroy any label provided for in this Act or the rules and regulations made and promulgated thereunder, or to alter or substitute seed, in a manner that may defeat the purpose of this Act. (2) To disseminate any false or misleading advertisement concerning agricultural, certain forest tree, or vegetable seed in any manner or by any means. (3) To hinder or obstruct in any way authorized person in the performance of his duties under this Act. (4) To fail to comply with a stop sale order. Section IV. Exemptions. (a) The provisions of Section II and III do not apply Exemptions. (1) To seed or grain not intended for sowing purposes. (2) To seed in storage in, or consigned to, a seed cleaning or processing establishment for cleaning or processing; Provided, that any labeling or other representation which may be made with respect to the unclean seed shall be subject to this Act. (3) When seed are sold by a farmer, the provisions of this Act do not apply; Provided, that if a farmer sells his seed outside the county where grown, the containers must carry a tag or have printed on the container the following information:

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1. Name of Grower. 2. Name of kind of seed and variety. 3. Calendar year in which the seed were harvested. 4. If such seed are mixed with undesirable or noxious-weed seed of any kind, the fact shall be so stated on the tag or container. It is further provided that seed sold by a farmer and labeled or tagged as required in the foregoing paragraph, may be sold by dealers without complying with any of the other requirements of this Act. It is further provided that where a dealer purchases seed from farmers in his trade territory that he may sell the same by complying with the same provisions required of the farmer. (b) No person shall be subject to the penalties of this Act, for having sold, offered or exposed for sale in this state, any agricultural, certain forest tree, or vegetable seeds, which were incorrectly labeled or misrepresented as to kind, variety, type, or origin which seeds cannot be identified by examination thereof, unless he has failed to obtain an invoice or grower's declaration giving kind, or kind and variety, or kind and type, and origin, if required, and to take such other precautions as may be necessary to insure the identity to be that stated. Section V. Duties and Authority of the Commissioner of Agriculture. (a) The duty of enforcing this Act and carrying out its provisions and requirements shall be vested in the Commissioner of Agriculture. It shall be the duty of such officer, who may act through his authorized agents: Duties of commissioner of agriculture. (1) To sample inspect, make analysis of, and test agricultural, certain forest tree and vegetable seeds transported, sold, offered or exposed for sale within this state

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for sowing purposes, at such time and place and to such an extent as he may deem necessary, when funds are available, to determine whether said agricultural, certain forest tree or vegetable seeds in compliance with the provisions of this Act, and to notify promptly the person who transported, sold, offered or exposed the seed for sale, of any violation. (2) To prescribe, and after public hearing following due public notice, to adopt rules and regulations governing the methods of sampling, inspecting, analysis, tests and examination of agricultural, certain forest tree and vegetable seed, and the tolerance to be followed in the administration of this Act. (b) Further, for the purpose of carrying out the provisions of this Act, the Commissioner of Agriculture individually or through his authorized agents, is authorized: (1) To enter upon any public or private premises during regular business hours in order to have access to seeds subject to the act and the rules and regulations thereunder and to make inspections to determine if seeds being transported are in compliance with this Act and the rules and regulations thereunder. Every shipment of seed covered by this Act shall be accompanied by a bill of lading or other evidence giving the name and address of the consignor and consignee and class and amount of each being transported for delivery within this State. (2) To issue and enforce a written or printed stop-sale order to the owner or custodian of any lot of agricultural, certain forest tree seeds, or vegetable seeds which the Commissioner of Agriculture finds is in violation of any of the provisions of this Act which shall prohibit further sale of such seed until such officer has evidence that the law has been complied with; Provided, that in respect to seeds which have been denied sale as provided in this paragraph, the owner or custodian of such seeds shall have the right to appeal from such order to a court of competent

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jurisdiction where the seeds are found, praying for a judgment as to the justification of said order and for the discharge of such seed from the order prohibiting the sale in accordance with the findings of the court; And provided further, that the provisions of this paragraph shall not be construed as limiting the right of the enforcement officer to proceed as authorized by other sections of this Act. (3) To establish and maintain or make provision for seed testing facilities, and to incur such expenses as may be necessary to comply with these provisions. The analyst in charge of seed control work must meet the educational recommendations of the Association of Official Seed Analysts. (4) To make or provide for making purity and germination tests of seeds for farmers and dealers on request; to prescribe, rules and regulations governing such testing; and to fix and collect charges for the tests made. All funds collected or accruing under the procisions of this Act shall be paid in the general fund of the office of the Commissioner of Agriculture and together with any additional funds that might be necessary to be drawn from said general fund for the efficient performance of the duties of the Commissioner of Agriculture and enforcement of provisions of this Act, be expended by the Commissioner of Agriculture upon proper vouchers. (5) To cooperate with the United States Department of Agriculture in seed law enforcement. Section VI. Seizure. Any lot of agricultural, certain forest tree, or vegetable seed not in compliance with the provisions of this Act shall be subject to seizure on complaint of the Commissioner of Agriculture to a court of competent jurisdiction in the area in which the seed is located. In the event that the court finds the seed to be in such violation of the Act and orders the condemnation of

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said seed, it shall be denatured, processed, destroyed, relabeled, or otherwise disposed of in compliance with the laws of this state: Provided, that in no instance shall such disposition of said seed be ordered by the court without first having given the claimant an opportunity to apply to the court for the release of said seed or permission to process or relabel it to bring it into compliance with the Act. Seizure. Section VII. Violations and Prosecutions. Every violation of the provisions of this Act shall be deemed a misdemeanor punishable by a fine not less than ten dollars and not exceeding one hundred dollars for the first offense and not exceeding two hundred and fifty dollars for each subsequent similar offense. Violations and prosecutions. When the Commissioner of Agriculture shall find that any person has violated any of the provisions of this Act, he or his duly authorized agent or agents may institute proceedings in the court of competent jurisdiction in the area in which the violation occurred, to have such person convicted therefore, or the Commissioner of Agriculture may file with the Attorney General with the view of prosecution such evidence as may be deemed necessary; Provided, however, that no prosecution under this Act shall be instituted without first having given the defendant an opportunity to appear before the Commissioner of Agriculture or his duly authorized agent to introduce evidence either in person or by agent or attorney at a private hearing. If, after such hearing, or without such hearing in case the defendant or his agent or attorney fails or refuses to appear, the Commissioner of Agriculture is of the opinion that the evidence warrants prosecution, he shall proceed as herein provided. It shall be the duty of the prosecuting officer in the local

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tribunal, or the Attorney General, in the event the local prosecuting officer shall fail to act, to institute proceedings at once against the person charged with such violation, if, in his judgment, the information submitted warrants such action. After judgment by the court in any case arising under this Act, the Commissioner of Agriculture shall publish any information pertinent to the issuance of the judgment by the court in such media as he may designate from time to time. Section VIII. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Should any section or part of section of this Act or any clause be held unconstitutional or invalid such fact shall not affect the other provisions of this Act. Section IX. This Act shall become effective ninety days after it is enacted into law. Effective date. Section X. This Act shall be known and cited as The Georgia Seed Law. Approved March 27, 1941. SPARTA BAPTIST CHURCHINCORPORATION. No. 244. An Act To amend An Act known as An Act to incorporate certain Churches and Camp-Grounds, and to appoint Trustees for the same. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That Joshua Sutton, Frederick Cannup, Jesse Green, Willoby Barton and Stephen Caudell, and their successors in office, be, and they are hereby declared to be a body corporate, under the name and

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style of the Trustees of the Baptist Church, at Providence, in Habersham county, by striking therefrom Section 11, which relates to the Sparta Baptist Church which Act was approved December 23, 1833, (Georgia Laws 1833, pages 44-46 inc.). Be it enacted by the General Assembly and it is hereby enacted by authority of the same: Section 1. That Section 11, the same being as follows: Sec. 11. And be it enacted by the authority aforesaid, That the Baptist Church in the village of Sparta, formerly known as the Fort Creek Church, shall hereafter be known and called by the name of the Sparta Baptist Church, and that James Barnes, John G. Gilbert, Lewis Barnes, Reuben Bullington, Robert Bird, Daniel Garrott, John Garrott and James Thomas, and their successors in office, be, and they are hereby declared to be a body politic and corporate, by the name and style of the Trustees of the Sparta Baptist Church, and as such shall be capable and liable in law to sue and be sued, plead and be impleaded, in any and all courts of law and equity in this State, and are hereby authorized to make such by-laws and regulations for the government, protection and enjoyment of the property belonging or to belong to said Church, not inconsistent with or contrary to the laws of this State, as they or a majority of them may deem expedient, and that they may appoint all necessary officers to execute such by-laws and regulations, and at their pleasure remove them from office, and appoint others in their place, and said Trustees shall and may have and use a common seal, and make and enter into any contracts for the benefit of said Church, (Georgia Laws 1833, page 44-46 inc.) be repealed by striking from the Bill said Section 11. Sec. 11 of act of 1833 repealed. Section 2. This Bill is a local Bill effecting the incorporation of the Baptist Church of Sparta and in no way

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shall be construed to effect the other Churches named in said Bill. Local bill. 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 24, 1941. STANDARDS FOR WEIGHTS AND MEASURES ESTABLISHED. No. 327. An Act To establish State standards of weights and measures: to provide for the receipt of primary standards of both weight and measure from the U. S. Bureau of Standards, to be known as State Standards: to define the powers and duties of the Commissioner of Agriculture, his Deputies or Inspectors, relative to weights and measures: to provide for weighing various commodities from time to time: To provide for specifications and tolerances: to provide for testing and inspecting weighing and measuring equipment: to fix penalties for violation of the act and for other purposes: to regulate the sale of liquid and solid commodities and to provide for the approval and condemnation of weights, measures and weighing and measuring devices: to provide protection against the defacing or removing of seals or tags placed on weights, measures and weighing and measuring devices by those in authority. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same as follows, to-wit: Section 1. The weights and measures received from the United States under joint resolutions of Congress approved

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June 14, 1836 and July 27, 1866, and/or such new weights and measures as shall be received from the United States as standards weights and measures in addition thereto or in renewal thereof, and/or such weights and measures in conformity therewith as shall be supplied by the State shall, when the same shall have been certified by the National Bureau of Standards, be the State standards of weights and measures. State standards of weights and measures established. Section 2. The State Commissioner of Agriculture shall have and keep a general supervision of the weights and measures, and weighing or measuring devices offered for sale, sold, or in use in the State. He shall also have authority to promulgate rules and regulations for enforcement of this act, such rules and regulations may include specifications and tolerances for weighing and measuring devices and for package goods put up prior to time of sale. There shall be no prosecution under this Act for any discrepancy between actual weight or volume at the time of sale and the weight marked on the container, if such discrepancy is due to unavoidable leakage, shrinkage, evaporation or waste, or to causes beyond the control of the seller acting in good faith. Commissioner of agriculture to supervise act. Section 3. When not otherwise provided by law the State Commissioner of Agriculture, his deputies or inspectors at his directions, shall have the power, and it shall be his duty to inspect, test, try, and ascertain if they are correct, all weights, measures, and weighing or measuring devices kept, offered, or exposed for sale, sold, or used or employed in proving the size, quantity, extent, area, or measurement of quantities, things, produce, or articles for distribution or consumption purchased or offered or submitted for sale, hire, or award, or in computing any charge for services rendered on the basis of weight or measure, or in determining weight or measure when a charge is made for such determination; and he shall have the power to and shall from

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time to time weigh or measure and inspect packages or amounts of commodities of whatsoever kind kept for the purpose of sale, offered or exposed for sale, or sold or in the process of delivery, in order to determine whether the same contain the amounts represented, and whether they be offered for sale or sold in a manner in accordance with law. He may for the purpose above mentioned, and in the general performance of his official duties, enter and go into or upon, and without formal warrant, any stand, place, building, or premises, or stop any vendor, peddler, junk dealer, coal wagon, ice wagon, delivery wagon, or any person whatsoever, and require him, if necessary, to proceed to some place which the Commissioner of Agriculture, his deputies or inspectors at his directions, may specify, for the purpose of making the proper tests. Whenever the Commissioner of Agriculture, his deputies or inspectors at his directions, find a violation of the statutes relating to weights and measures, he shall cause the violator to be prosecuted. Section 4. It shall be unlawful to sell, except for immediate consumption on the premises, liquid commodities in any other manner than by weight or liquid measure, or commodities not liquid in any other manner than by measure of length, by weight, or by numerical count: Provided, however, that nothing in this section shall be construed to prevent the sale of fruits, vegetables, and other dry commodities in the standard barrel; or of berries and small fruits in standard boxes; or of vegetables or fruits usually sold by the head or bunch in this manner: Provided further, that nothing in this section shall be construed to apply to foodstuffs put up in original packages. Liquid commodities, how sold. For the purposes of this section the term original package shall be construed to include a commodity in a package, carton, case, can, barrel, bottle, box, phial, or other receptacle, or in coverings or wrappings of any kind, put up by the manufacturer, which may be labeled, branded, or stenciled,

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or otherwise marked, or which may be suitable for labeling, branding, or stenciling, or marking otherwise, making one complete package of the commodity. The words original package shall be construed to include both the wholesale and the retail package, and must be plainly marked as to the net content. Original package defined. Providing that a box or carton used for shipping purposes containing a number of packages which are individually marked as hereinbefore provided shall not be required to bear the weight of their contents. And provided further that the provisions of this Act shall not apply to public utility corporations under the jurisdiction of the Georgia Public Service Commission. Act not to conflict with Georgia Public Service Commission. Section 5. In the event of the Commissioner of Agriculture, his assistants or inspectors, finds weights, measures and weighing and measuring devices accurate and otherwise in proper condition, or after he causes the same to be made accurate and otherwise in proper condition to place his seal or tag of approval upon such weighing or measuring devices. In the event he find any of the said weights, measures or weighing and measuring devices to be inaccurate or otherwise not in proper condition, and yet in his best judgment such devices or device may be repaired, to place his seal or tag showing that the same has been condemned because of their inaccuracy or faulty mechanical condition, upon said device or devices and serve written notice why said device or devices have been condemned upon the person, firm or corporation, or their agent, using, operating, and having possession of such devices, which said notice shall be served upon the person in charge of the place of business where such device or devices are located, and said notice shall contain a demand upon the person, firm or corporation to discontinue the use thereof, and not to dispose of such device until the repairment or regulation of such

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device or devices have been approved by the Commissioner of Agriculture, his assistants or inspectors. Unless such inaccurate or improper weighing or measuring devices are repaired and made correct within a reasonable time after the service of such notice as herein provided, said Inspector shall seize and destroy the same in the name and under the authority of the State of Georgia. Seals and tags to be placed on weighing devices. Section 6. It shall be unlawful for anyone to deface or remove any seal, tag of approval or condemnation placed on any device by any weights and measures official. Unlawful to remove seal. Section 7. The powers and duties given to and imposed upon the State Commissioner of Agriculture of weights and measures are hereby given to and imposed upon his deputy and inspectors also, when acting under his instructions and at his direction. Section 8. The Commissioner of Agriculture, his deputy and inspectors, are hereby made special policemen, and are authorized and empowered to arrest, without formal warrant, any violator of the statutes in relation to weights and measures, and to seize for use as evidence, without formal warrant, any false or unsealed weight, measure, or weighing or measuring device or package or amount of commodity found to be used, retained, or offered or exposed for sale, or sold in violation of law. Powers and duties of commissioner and his deputies. Veto Sec. 8Unconstitutional this paragraph, but does not vitiate other sections.E. T. Sec. 8 vetoed. Section 9. Any person who, by himself or by his servant or agent, or as the servant or agent of another person, firm, corporation or association, shall violate any provisions of this act or who shall violate any regulation promulgated by authority in this Act, shall be guilty of a misdemeanor, and upon conviction thereof in any court of competent jurisdiction, shall be fined not less than twenty-five dollars or not

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more than two hundred dollars or by imprisonment for not more than three months, or by both such fine and imprisonment, upon first conviction and upon a second or subsequent conviction, shall be fined not less than one hundred dollars or more than five hundred dollars or by imprisonment of not less than three months, or by both such fine and imprisonment. Punishment for violation of act. Approved March 27, 1941. STRIKES REGULATED. No. 293. An Act To regulate strikes, slow downs and stoppages of work; to prohibit strikes, except after certain written notices; to fix punishments for the violation of this Act; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: Section 1. When used in this Act, the term labor organization means any labor union or any organization or agency or employee representation, committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. Labor organization defined. Section 2. When used in this Act, the term local means any local agency or branch or dues or assessment collecting unit or affiliate of a labor organization. A labor organization, as defined herein, shall also be a local when it collects dues or assessments directly from its members and not through the medium of a branch or another local. Local defined. Section 3. No labor organization and no local shall call or cause any strike, slow down or stoppage of work in this

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State until after a 30 days' written notice is given by the labor organization or local to the employer, stating the intention to call the said strike, slow down or stoppage of work and giving the reasons therefor. 30 days notice. Section 4. Nothing in this Act shall apply to any labor organization or local in a seasonal industry such as the Ladies' Garment, Hat and Millinery and Men's Clothing Industry, nor shall any provision of this Act apply to labor unions of railroad employees operating under the National Railway Employees Act. Exemptions. Section 5. Each and every Section of this Act, and each and every clause thereof, shall be construed as considered to be a separate Act, and if any provisions of this Act, or any application thereof to any person or circumstance is held invalid, the remainder of this Act and the application of such provision to other persons or circumstances shall not be affected thereby. Separate acts. Section 6. This Act shall be effective 10 days after its passage and approval. Effective date. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Conflict of laws. Section 8. Any person violating any of the provisions of this Act shall be guilty of a misdemeanor. Crime. Approved March 27, 1941. SURVIVAL OF SUITS BY OR AGAINST PUBLIC OFFICERS. No. 287. An Act To provide for the survival of suits commenced by or against public officers in their official capacity in favor of or against their successors in office in the event of death, removal, resignation or expiration of the term of

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such officers; to provide the procedure in such case; to provide that the provisions of this Act shall apply to pending litigation; to restrict the application of this Act; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same: Section 1. That when any suit shall have been commenced by or against a public officer of this State in his official capacity and relating to the present and continuing duties of such office, the same shall in the event of the death, resignation, removal or expiration of the term of such officer while the suit is pending in the trial court and courts of review, survive in favor of or against his successors in office. Survival. Section 2. In such event the successor in office shall be made a party upon motion either in term time or vacation in whatever court the case shall be pending at the time, of which he shall be given reasonable notice. When the successor shall have been made a party in accordance with this act, the case shall thereupon proceed as if no change of parties had been made, provided that it shall be within the discretion of the court to allow the successor in office such time as he may deem necessary to appear, plead or otherwise proceed with such case. Motion. Section 3. The provision of this Act shall apply to suits pending on the date of its approval, including all such actions that have not been formally dismissed even though the death, removal, resignation or expiration of the term of such public officer may have occurred prior to the date of the approval of this Act. Pending suits, applicability. Section 4. The provision of this Act shall not apply to actions against officers for damages on account of tortious acts committed by such officer colore officii, which survives against such officer or his personal representatives, notwithstanding

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the death, resignation, removal or expiration of the term of such officer. Exemption. Section 5. The provisions of this Act shall relate only to suits commenced by or against State officers in their official capacity and shall not relate or apply to suits commenced by or against municipal, district, or county officers. Limitation of provisions. Section 6. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 27, 1941. TAX COLLECTORS AND RECEIVERS FEESAMENDMENTS. No. 158. An Act to amend an Act approved March 24, 1939, entitled: 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 6th and 7th lines of Section 3 of said Act; by striking the words `the State's part of' in the 8th line of Section 3 of said Act; to strike the word `delinquent' wherever it appears; to make the commissions 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; so as to amend Section 3 thereof so that the same not apply to counties above certain population limits, to provide for the fixing of the compensation of such officers, 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 approved

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March 24, 1939, whose caption is set forth in the caption hereof be amended by striking the last sentence of said Section 3 of the Act approved March 24, 1939, which reads as follows: 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, and substituting the following in lieu thereof; which shall become the last sentence in said Section 3, to-wit: Provided however that in counties having a population of eighty thousand or more according to the census of 1940 or any future census, the commissions referred to herein shall be paid into the treasury of and become the property of such counties, provided, nevertheless, that in any of said counties where the salary of the tax collector or tax commissioner is not fixed by act of the legislature, the county commissioners may fix a salary and/or fees as compensation for such tax collector or tax commissioners. so that said Section when amended shall read as follows: Act of 1939 amended. Section 2. Be it further enacted by the authority aforesaid that as far as the tax-collectors are concerned the above rates and schedule 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 eighty thousand or more according to the census of 1940 or any future census, the commissions referred to herein shall be paid into

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the treasury of and become the property of such counties, provided, nevertheless, that in any of said counties where the salary of the tax collector or tax commissioner is not fixed by act of the legislature, the county commissioners may fix a salary and/or fees as compensation for such tax collector or tax commissioners. Rates and schedules on 90 per cent. 10 per cent on excess. Applicable to salaried tax-collectors and tax-commissioners in certain counties. Into county treasury, when. 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. Repealing clause. Approved March 11, 1941. TAX COLLECTORS' AND RECEIVERS' FEESAMENDMENTS. No. 257. An Act To amend an Act approved March 24, 1939 entitled: 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 is 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 Section 3 of said Act; to strike the word delinquent wherever it appears; to make the commissions for collecting the last 10% of the tax digest apply to tax collecting officials paid a salary; to repeal all laws and parts of law in conflict herewith; and for other purposes; so as to amend Section 3 thereof so that the same will not apply to counties within certain population limits, 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 an Act

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approved March 24, 1939, whose caption is set forth in the caption hereof (Acts 1939, pp. 370-2), that Section 3 of said Act be amended by adding at the end thereof the following provision, to-wit: Provided, however, that in all counties having a population of not less than 76,000 inhabitants, and not in excess of 83,000 inhabitants, under the 1940 United States census, and in all counties that may hereafter, by any future United States census, have not less than 76,000 inhabitants, and not in excess of 83,000 inhabitants, where the Tax Commissioner, or Tax Collector, as the case may be, is on a salary, the commission referred to herein shall be paid in to the treasury of said counties, and shall not be treated as extra compensation for such Tax Commissioner, or Tax Collector, over and beyond his salary; so that said Section 3 as amended hereby will read as follows: Act of 1939 amended. Applicable only to certain counties. Not extra compensation. 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-collector's 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. Provided, however, that in all counties having a population of not less than 76,000 inhabitants, and not in excess of 83,000 inhabitants, under

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the 1940 United States census, and in all counties that may hereafter, be any future United States census, have not less than 76,000 inhabitants, and not in excess of 83,000 inhabitants, 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 said counties, and shall not be treated as extra compensation for such tax commissioner or tax collector over and beyond his salary. Rates and schedules on 90 per cent. 10 per cent on excess. Applicable to salaried tax-collectors and tax-commissioners in certain counties. Into county treasury, when. 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. Repealing clause. Approved March 25, 1941. TAX COLLECTORS, RECEIVERS AND COMMISSIONERSCOMPENSATION. No. 157. An Act providing for an additional and cumulative method of fixing salaries for the year 1941 and subsequent years which salaries shall be the sole compensation of tax collectors, tax receivers and tax commissioners in counties having a population of 83,000 or more, according to the United States Census of 1940 or any future census; to provide the manner in which this Act shall become and remain operative; to provide for the disposition of fees, costs and emoluments accruing to said officers; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same. Section 1. That from and after the passage of this Act the board of County Commissioners, Commissioners of Roads and Revenues, or other body, or officers having charge of the fiscal affairs of counties, having a population

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of eighty-three thousand (83,000) or more under the United States census of 1940 or any future United States Census, shall have the authority to fix the salaries and sole compensation of the Tax Receiver, Tax Collector or Tax Commissioner, in said counties for the year 1941 and succeeding years. Applicable only to certain counties. Section 2. The provisions of this Act unless adopted, shall not be construed to repeal, limit, modify, or in any way affect existing laws regulating the salaries or compensation of the above named officers, but shall be construed to be an additional and cumulative method of fixing salaries and sole compensation of the above named officers, which may be exercised by the governing body of said counties if they so choose. Cumulative. Section 3. The provisions of this Act shall not become operative in any county unless adopted by the County Commissioners, or other officers having charge of the fiscal affairs of the County and if made operative, may be made inoperative at any time by the same action. Operative when. Section 4. The provisions of this Act shall go into effect immediately upon its approval and, if put into effect as aforesaid, shall supersede any salaries or compensation fixed under other statues or authority for the remainder of the year 1941. Supersedes other statute. Section 5. The salaries or sole compensation, if and when fixed under the provisions of this Act, shall constitute the sole salary or compensation for the above named officers, notwithstanding any statue heretofore passed providing for extra compensation for any of said officers and all fees, commissions, costs, percentages, forfeitures, allowances, and all perquisites of whatever kind accruing now or hereafter to said officers from any and all sources whatever that would be paid to or collected by said officers shall be collected by them and paid into the County Treasury monthly

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with an itemized sworn statement thereof, said funds to be used for County purposes. Sole compensation. Section 6. Be it further enacted and it is hereby enacted by the authority of the same, that all laws and parts of laws in conflict herewith, be and the same are hereby repealed. Repealing clause. Approved March 11, 1941. TAX COMMISSIONER'S COMMISSIONS IN CERTAIN COUNTIESACT AMENDED. No. 466. An Act To amend An Act to provide for tax Commissioners of the State of Georgia in all counties thereof having a population of, according to the census of the United States of the year 1930 or any future census, of not less than 21,118 and not more than 21,150 to collect commissions on all property returned for taxes therein from the counties in which such Tax Commissioners may be elected in the same amounts as now paid the tax receivers of the State of Georgia for receiving tax returns; and for other purposes, said Act having been approved January 25, 1938 and being published in Georgia Laws, Extra Session, 1937-1938, at page 890, so as to make said Act applicable to counties of the State of Georgia having a population, according to the census of the United States for the year 1940, of not less than 20,750 and not more than 20,850 and to provide that such tax Commissioners shall be paid not more than one-half the commissions as is paid to tax receivers of the State of Georgia and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that An Act entitled An Act to provide for tax Commissioners

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of the State of Georgia in all counties thereof having a population of, according to the census of the United States for the year 1930 or any future census, of not less than 21,118 and not more than 21,150 to collect commissions on all property returned for taxes therein from the counties in which such tax Commissioners may be elected in the same amounts as now paid the tax receivers of the State of Georgia for receiving tax returns and for other purposes, said Act having been approved on January 25, 1938 and being published in Georgia Laws, Extra Session, 1937-1938, page 890, be and the same is hereby amended as follows: Act of 1938 amended. 1. By striking the figures 21,118 in line 5 of Section 1 of said Act and inserting in lieu thereof the figures 20,750. 2. By striking the figures 21,150 in line 6 of Section 1 of said Act and inserting in lieu thereof the figures 20,850. 3. By striking from lines 7 and 8 of Section 1 of said Act the following figures and words: 1930 or that hereafter may have such a population and inserting in lieu thereof the figures 1940. 4. By inserting in line 10 of Section 1 of said Act, between the words counties and the, the words one-half. 5. By inserting in line 13 of Section 1 of said Act, between the words service and the, the words one-half. So that when said Section 1 of said Act is so amended it will read as follows: Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that from and after the passage of this Act, that all tax Commissioners of the State of Georgia in counties having

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a population of not less than 20,750 and not more than 20,850 according to the census of the United States of 1940, shall have the right to collect from such counties for receiving and preparing tax returns on property in such counties one-half the usual and legal commissions charged by tax receivers in the State of Georgia for similar services and said counties shall pay one-half the usual and legal commissions for such service, on the same scale as tax receivers in the State are now paid. Applicable only to certain counties. Compensation. 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. Repealing clause. Approved March 27, 1941. TAXI-CABS MUST DELIVER TO ANY DESTINATION WITHIN CORPORATE LIMITS. No. 287. An Act To impose a penalty upon any person, firm, or corporation operating in any municipality of this State taxi-cabs serving the public where a passenger is refused transportation to his place of designation within the corporate limits of such municipality, making it a misdemeanor for the operator of any such taxi-cab to refuse to take a passenger to his place of destination within the corporate limits of such municipality and fixing the punishment therefor; 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. Upon and after the passage of this Act any person, firm, or corporation operating for transportation of

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public for hire taxi-cabs within the corporate limits of any municipality of this State shall, for each and every instance when such person, firm, or corporation fails or refuses to transport a passenger for hire using a taxi-cab to any accessible hotel or other accessible destination within the corporate limits of such municipality as may be requested by such passenger, be liable to such passenger in the sum not to exceed $100.00 which sum or penalty shall be recoverable in a civil suit which may be filed by such passenger against the person, firm, or corporation operating taxi-cabs for hire as aforesaid. Transportation of passengers. Liability to passenger. Section 2. Upon and after the passage of this Act any person, firm, or corporation operating for transportation of the public for hire taxi-cabs within the corporate limits of any municipality of this State who shall, when request is made of the operator of any available taxi-cab by a prospective passenger for hire, fail and refuse to accept such passenger as a passenger for hire and transport such person to any accessible hotel or destination within the corporate limits of such municipality as may be requested by such person shall be liable to such person in the sum not to exceed $100.00, which sum or penalty shall be recoverable in a civil suit which may be filed by such person against the person, firm, or corporation operating taxi-cabs for hire, as aforesaid. Failure or refusal to accept. Penalty. Section 3. Any servant, employee, or agent of any person, firm, or corporation operating for transportation of the public for hire taxi-cabs within the corporate limits of any municipality of this State who shall fail and refuse to transport such passenger for hire where such passenger is using a taxi-cab to any accessible hotel or other accessible destination within the corporate limits of such municipality as may be requested by such passenger shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of not more than $100.00 and imprisonment of not more

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than 30 days, and either of them, at the discretion of the court. Any employee, agent, or servant of any person, firm, or corporation operating for transportation of the public for hire taxi-cabs within the corporate limits of any municipality of this State who, while having under his control and available for the transportation of passengers for hire a taxi-cab, and who shall refuse to transport for hire any person to any accessible hotel or other accessible destination within the corporation of such municipality, as may be requested by such passenger, shall be guilty of a misdemeanor and upon convction thereof shall be subject to a fine of not exceedings $100.00 and imprisonment of not exceeding 30 days, or either at the discretion of the court. Misdemeanor. Section 4. Upon a finding by the Georgia Department of Public Safety, after due notice of a hearing to the taxi-cab driver that such taxi-cab driver has, subsequent to the passage of this Act, violated any of the provisions of this Act, or upon conviction of a taxi-cab driver of violation of any provision of this Act, the chauffer's license of said taxi-cab driver shall be automatically suspended for a period of six months. Revocation of license. Section 5. There shall be no civil nor criminal liability imposed upon any person, firm or corporation (other than the person driving a taxi-cab) by virtue of the provisions of this Act, provided such person, firm, or corporation engaged in the business of operating for hire taxi-cabs within the corporate limits of any municipality of this State shall post, or cause to be posted, in each such taxi-cab so operated for hire a copy of this Bill or a notice setting forth with reasonable accuracy the substance of this Bill. Exemption from liability. Section 6. Nothing contained in this Act shall lessen any existing obligation and liability of any person, firm, or corporation, or the agents, servants, and employees of any such person, firm or corporation operating for transportation

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of the public for hire taxi-cabs within the corporate limits of any municipality of this State. Liability not lessened. Section 7. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 27, 1941. TRACKLESS TROLLEYS SUBJECTED TO SAME LAWS AS STREET RAILWAYS. No. 277. An Act To further amend an Act approved August 13, 1924, entitled An Act to enable electric street, suburban or interurban railroad companies to acquire, own or hold the capital stock, bonds or other securities or evidences of indebtedness of corporations which own and operate motor buses or trackless trolleys, and for other purposes, so as to make the operation of trackless trolleys subject to the same municipal ordinances, rules and regulations and subject to the same taxes and the basis of allocation thereof between counties, municipalities and school districts as is now required by law of street railroads, provided that nothing herein contained shall exempt trackless trolleys and the operations thereof from any other taxes or licenses now imposed by law; and, provided further that nothing herein contained shall be construed to amend, modify or repeal the Act of the General Assembly of Georgia, approved March 30, 1937, (Georgia Laws, 1937, page 798) relating to substitution of trackless trolleys for street railway systems or parts thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that Section 1 of an Act approved August 13, 1924 and amended by an Act approved August 26, 1925,

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entitled An Act to enable electric street, suburban or inter-urban railroad companies to acquire, own or hold the capital stock, bonds or other sceurities or evidences of indebtedness of corporations which own and operate motor buses or trackless trolleys, and for other purposes, be and the same is hereby amended by adding at the end of Section 2 as amended by the Act approved August 26, 1925, the following words, to-wit: Provided that trackless trolleys shall be classed as street cars and the operations thereof subject to the same municipal ordinances, rules and regulations and the trackless trolleys and overhead and other structures incident to the operations thereof subject to the same state, county, municipal and school district taxes as apply to the operation of street cars, which taxes shall be allocated as between counties, municipalities and school districts served on the same basis as is now required by law of street railways, so that said Section 2 when amended shall read as follows: Acts of 1924 and 1925 amended. Section 2. Any such motor buses and trackless trolleys when operated by any such railroad company shall be subject to the rules and regulation of the Public Service Commission of Georgia that may now be in force or hereafter promulgated: Provided that trackless trolleys shall be classed as street cars and the operations thereof subject to the same municipal ordinances, rules and regulations and the trackless trolleys and overhead and other structures incident to the operations thereof subject to the same state, county, municipal and school district taxes as apply to the operation of street cars, which taxes shall be allocated as between counties, municipalities and school districts served on the same basis as is now required by laws of street railways. Subject to Public Service Commission rules. Trackless trolleys classed as street cars. 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. Provided, further, that nothing in this Act shall

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ever be construed to modify or repeal the Act of the General Assembly of Georgia, approved March 30, 1937, relating to substitution by street railroad companies of trackless trolleys for rail systems in parts thereof, as published in Georgia Laws 1937, pages 789, 799, and 800; and provided, further, that nothing in this Act shall ever be construed to impair any valid, existing contract or ordinance contract now in existence between any municipality and any such company; and provided, further, that the Public Service Commission shall not have the power or authority to increase, or authorize the increase of, in respect of trackless trolley service, fares which have heretofore been fixed by contract or ordinance contract on the line or lines on which trackless trolleys may be substituted pursuant to said Act approved March 30, 1937; which fares shall in all respects appertain and apply to such substituted service when inaugurated. Provided that nothing herein contained shall exempt trackless trolleys and the operations thereof from any other taxes or licenses now imposed by laws; and provided further that nothing herein contained shall be construed to amend, modify or repeal an Act of the General Assembly of Georgia, approved March 30, 1937, (Georgia Laws, 1937, page 798) relating to substitution of trackless trolleys for street railway systems or parts thereof, and, provided further that nothing in this Act shall ever be construed to impair any valid, subsisting contract or ordinance contract now in existence between any municipality and any electric, street, suburban or interurban railroad company; and, provided further that the Public Service Commission shall not have the power or authority to increase, or authorize the increase of, in respect to such substituted service, fares which have heretofore been fixed by contract or ordinance contract on the line or lines on which such trackless trolleys may be so substituted; which fares shall, in all respects, appertain and apply to such substituted service when thus inaugurated. Repealing clause. Construction of amendment. Approved March 27, 1941.

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UNEMPLOYMENT COMPENSATION LAW AMENDED. No. 188. An Act to amend an Act known and designated as the Unemployment Compensation Law, Approved March 29, 1937, as amended by any Act approved January 25, 1938, by clarifying the terms and provisions 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 of the General Assembly of Georgia known as the Unemployment Compensation Law, approved March 29, 1937, as amended by an Act approved January 25, 1938, be, and the same is, hereby amended as follows, to-wit: Act of 1937 amended. Section 1. By striking sub-section (b) of Section 3 and substituting, in lieu thereof, a new subsection to be known and numebered as Section 3(b), namely: Section 3(b). Weekly Benefit Amount. An individual's weekly benefit amount,' shall be the amount appearing in Column B in the table in this sub-section on the line on which, in Column A of such table, there appears the total wages paid to such individual for insured work in that quarter of his base period in which such total wages were highest. Weekly benefit.

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COLUMN A COLUMN B COLUMN C COLUMN D Wages Paid in Weekly Qualifying Maximum Highest Quarter Benefit Wages in Total Benefit of Base Period Amount Base Period in Benefit Year $ 48.00 to 96.00 4.00 100.00 64.00 96.01 132.00 5.00 150.00 80.00 132.01 156.00 6.00 180.00 96.00 156.01 180.00 7.00 210.00 112.00 180.01 204.00 8.00 240.00 128.00 204.01 228.00 9.00 270.00 144.00 228.01 252.00 10.00 300.00 160.00 252.01 276.00 11.00 330.00 176.00 276.01 300.00 12.00 360.00 192.00 300.01 324.00 13.00 390.00 208.00 324.01 348.00 14.00 420.00 224.00 348.01 403.00 15.00 450.00 240.00 403.01 429.00 16.00 640.00 256.00 429.01 455.00 17.00 680.00 272.00 455.01 481.00 18.00 720.00 288.00 481.01 and over 18.00 720.00 288.00 Section 2. By striking sub-section (c) of Section 3 and substituting, in lieu thereof, a new sub-section to be known and designated as Section 3(c) namely: Section 3(c). Weekly Benefit for Unemployment. Each eligible individual who is unemployed in any week shall be paid with respect to such week a benefit in an amount equal to his weekly benefit amount less that part of the wages (if any) payable to him with respect to such week which is in excess of $3.00. Such benefit, if not a multiple of $1.00, shall be computed to the nearest multiple of $1.00. Section 3. By striking sub-section (d), (e) and (f) of Section 3 and substituting, in lieu thereof, one sub-section to be known and designated as Section 3(d), namely: Section 3(d). Duration of Benefits. Any otherwise eligible individual shall be entitled during any benefit year to the

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amount appearing in Column D of the table in Section 3(b) on the line on which, in Column B of that table, appears his weekly benefit amount. Duration of benefits. Section 4. By changing the designation of sub-section (g) of Section 3 to sub-section (e) of Section 3, and by adding a new sub-section to be known and designated as Section 3(f), namely: Section 3(f). The benefit rights of individuals who are or have been called or drafted or enlisted in any organization affiliated with the defense of the United States are hereby preserved for the period of such service, not to exceed three years, in accordance with regulations to be adopted by the Commissioner. Draftees and volunteers. Section 5. By striking sub-section (d) of Section 4 and substituting, in lieu thereof, a new sub-section to be known and designated as Section 4(d), namely: Section 4(d). He has been unemployed for a waiting period of two weeks. Such weeks of unemployment need not be consecutive. No week shall be counted as a week of unemployment for the purposes of this sub-section: Waiting period. (1) Unless it occurs within the benefit year which includes the week with respect to which he claims payment of benefits, provided that this requirement shall not interrupt the payment of benefits for consecutive weeks of unemployment, and provided further that the week or the two consecutive weeks immediately preceding a benefit year, if part of one uninterrupted period of unemployment which continues into such benefit year, shall be deemed (for the purposes of this sub-section only) to be within such benefit year as well as within the preceding benefit year. (2) If benefis have been paid with respect thereto. (3) Unless the individual was eligible for benefits with respect thereto as provided in Sections 4 and 5 of this Act,

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except for the requirements of this sub-section and of sub-section F of Section 5. Section 6. By striking sub-section (e) of Section 4 and substituting in lieu thereof a new sub-section to be known and designated as Section 4(e), namely: Section 4(e). He has during his base period been paid wages for insured work equal to not less than the amount appearing in Column C of the table in Section 3(b) on the line on which, in Column B of that table appears his weekly benefit amount. For the purposes of this sub-section wages shall be counted as `wages for insured work' for benefit purposes with respect to any benefit year only if such benefit year begins subsequent to the date on which the employer by whom such wages were paid has satisfied the conditions of Section 19 (g) or Section 8(c) with respect to becoming an employer. Wages for insured work. Provided, however, that an unemployed individual who has been paid wages for insured work in more than one calendar quarter of his base period but who has not been paid the wages for insured work in an amount equal to the amount appearing in Column C of the Table in Section 3(b) hereof on the line in which in Column B there appears his weekly benefit amount, but has been paid an amount of wages for insured work equal to or greater than the amount appearing in Column C of the Table on the line immediately above the line on which appears his weekly benefit amount, shall be deemed to have qualified for the weekly benefit amount and the maximum total benefits in the benefit year appearing on the line in the Table immediately above the line in which falls the wages paid in the highest quarter of his base period. Proviso. Section 7. By striking sub-section (a), (b) and (c) of Section 5 of the Act, except paragraphs (1) and (2) of sub-section (c), and substituting in lieu thereof the following

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sub-sections, to be known and designated as Section 5(a), (b), and (c), namely: Section 5(a). For the week or fraction thereof in which he has left work voluntarily without good cause connected with his most recent work, and for not less than the two and not more than the eight consecutive weeks of unemployment which immediately follow such week, as determined by the Commissioner according to the circumstances in each case, not counting the waiting period; provided, however, that there shall be charged against the benefits to which the individual is entitled under Section 3(d) hereof an amount equal to the amount such individual would have actually been paid as benefits in the first two weeks of said disqualification, and, in the discretion of the Commissioner, for any additional week or disqualification as set forth above, were he otherwise eligible except for this disqualification; and provided further that the Commissioner may waive the charging against benefits in any case where it appears that there was good cause for said voluntary leaving, though not connected with his most recent work. Leaving work voluntarily. (b) For the week or fraction thereof in which he has been discharged or suspended for misconduct connected with his most recent work, and for not less than the three and not more than the ten consecutive weeks of unemployment which immediately follow such week, as determined by the Commissioner in each case according to the seriousness of the misconduct not counting the waiting period; provided, however, that there shall be charged against the benefits to which the individual is entitled under Section 3(d) hereof an amount equal to the amount such individual would have actually been paid as benefits during the first three weeks of said disqualification, and, in the discretion of the Commissioner, for any additional week of disqualification as set forth above, were he otherwise eligible except for this disqualification. Discharge or suspension for misconduct.

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(c) If he has failed without good cause, either to apply for available, suitable work when so directed by an employment office or the Commissioner, or his employer (provided said employer shall report said offer of suitable work in writing to the Commissioner within the time prescribed by regulation), or to accept suitable work when offered him, or to return to his customary self employment (if any) when so directed by the Commissioner. Such disqualification shall continue for the week in which such failure occurred, and for not less than the two and not more than the eight consecutive weeks of unemployment which immediately follow such week, as determined by the Commissioner according to the circumstances in each case, not counting the waiting period; provided, however, that there shall be charged against the benefits to which the individual is entitled under Section 3(d) hereof an amount equal to the amount such individual would have actually been paid as benefits in the first two weeks of said disqualification, and, in the discretion of the Commissioner, for any additional week of disqualification as set forth above, were he otherwise eligible except for this disqualification. Failure to apply for work. Section 8. By striking paragraph 1 of sub-section (a) of Section 7 and substituting in lieu thereof a new paragraph to be known and designated as Section 7 (a) (1), namely: (a) Payment. (1) On and after January 1, 1937, contributions shall accrue from each employer for each calendar year in which he is subject to this Act, with respect to wages payable for employment (as defined in Section 19 (h) occurring during such calendar year, except that an employer shall be subject to this Act during the calendar year 1937, only if such employer shall have had one or more individuals engaged in employment for some time during the period July 1, 1937, to December 31, 1937, inclusive; provided, however, that

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after December 31, 1940, such contributions shall accrue from such employer with respect to wages paid for employment during each calendar year with respect to employment occuring after December 31, 1940. Such conrtibutions shall become due and be paid by each employer to the Commissioner for the fund in accordance with such regulations as the Commissioner may prescribe, and shall not be deducted, in whole or in part, from the wages of individuals in such employer's employ. Contributions. Section 9. By striking paragraph 2 of sub-section (b) of Section 7 and substituting in lieu thereof new paragraphs to be known and designated as Section 7(b) (2) and (3), namely: Section 7(b) (2). Two and seven-tenths per centum with respect to employment during the calendar years 1938, 1939, and 1940. 2.7 per cent. (3) Each employer shall pay contributions equal to two and seven-tenths per centum of wages paid by him during the year 1941, and during each calendar year thereafter, with respect to employment occurring after December 31, 1940. Section 10. By striking sub-section (c) of Section 7 and by substituting in lieu thereof a new sub-section to be known and designated as Section 7 (c), namely: Section 7 (c). Future Rates Based on Benefit Experience. (1) The Commissioner shall maintain a separate account for each employer, and shall credit his account with all the contributions paid by him. Nothing in this Act shall be construed to grant any employer or individuals in his service prior claims or rights to the amounts paid by the employer into the fund. Benefit experience, future rates. (2) Benefits paid to an individual shall be charged, in the amount hereinafter provided, against the accounts of

Page 539

his base-period employers. The amount of benefits so chargeable against each base-period employer's account shall be that proportion of the benefits paid to an individual which the pase-period wages paid to the individual by such employer bear to the total amount of base-period wages paid to the individual by all his base-period employers. Benefits charged to whom. (3) The standard rate of contributions payable by each employer shall be 2.7 per centum. Standard rate. (4) No employer's rate shall be reduced below the standard rate for any calendar year unless and until his account could have been chargeable with benefit payments throughout the thirty-six consecutive calendar months ending on the computation date (as herein defined) for that calendar year. Reduction, when. (5) For the year 1942, and each calendar year thereafter, employers shall be classified in accordance with their actual experience in the payment of contributions, and with respect to benefits charged against their accounts, with a view to fixing such contribution rates as will reflect such benefit experience. Each employer's rate for any calendar year shall be determined on the basis of his record as of the computation date for that calendar year. Classification of employers. (6) Variations from the standard rate of contributions shall be determined in accordance with the following requirements: Standard rate, variations from. (i) If the total of all an employer's contributions paid on or before the last day of the month immediately following the computation date be with respect to wages paid by him on or before such computation date, exceeds the total benefits which were chargeable to his account and were paid on or before the last day of the month following the computation date with respect to weeks of unemployment beginning on or before such computation date his contribution rate for the ensuing calendar year shall be:.

Page 540

(A) 2.25 per centum if such excess equals or exceeds 7 but is less than 8 per centum of his average annual payroll: (B) 2.00 per centum if such excess equals or exceeds 8 but is less than 9 per centum of his average annual payroll; (C) 1.75 per centum if such excess equals or exceeds 9 but is less than 10 per centum of his average annual payroll; (D) 1.50 per centum if such excess equals or exceeds 10 but is less than 11 per centum of his average annual payroll; (E) 1.00 per centum if such excess equals or exceeds 11 per centum of his average annual payroll. (7) As used in this sub-section, (i) The term annual payroll means the total amount of wages for employment paid by an employer during a 12 months' period ending on the computation date and the term average annual payroll means the average of the annual payrolls of an employer for the last three preceding 12-month periods; (ii) the term base-period wages means the wages paid to an individual during his base-period for insured work; (iii) the term base-period employers means the employers by whom an individual was paid his base-period wages; (iiii) the term computation date means December 31, 1941 with respect to rates or contributions applicable to the year 1942 and June 30 of the preceding year with respect to rates applicable to the year 1943 and any calendar year thereafter. (8) If on June 30 of any year the balance in the Unemployment Compensation Trust Fund is less than two and one-half (2) times the highest amount paid out in benefits

Page 541

in any one of the five preceding twelve-consecutive-calendar-months periods ending on June 30th of any year (or December 31st, 1941 for the year 1942) or Twelve and a Half Million (12,500,000.00) Dollars, whichever is the greater, the rate of contribution for the next calendar year immediately following said June 30 shall be 2.7 per centum. Larger contributionwhen. (9) The Commissioner shall by regulation provide for the notification of each employer of charges made against his account at intervals not less frequent than semi-annually. The charges in such notification shall be binding upon each employer for all purposes unless he files a request for review and redetermination in writing setting forth the charges to which he objects and the basis of such objection within fifteen days of such prescribed notification. Upon such request being filed the employer shall be granted an opportunity for a fair hearing, but no employer shall have standing, in any proceeding involving his rate of contribution, to contest the chargeability to his account of any benefit paid in accordance with a determination, redetermination or decision pursuant to Section 6 of this Act except upon the ground that the services on the basis of which such benefits were found to be chargeable did not constitute services performed in employment for him, and only in the event that he was not a party to such determination, redetermination or decision, or to any other proceedings under this Act in which the character of such services was determined. The employer shall be promptly notified of the Commissioner's redetermination, which shall become final unless within 15 days after the mailing of notice thereof to his last known address, or, in the absence of mailing, within 15 days after the delivery of such notice, a petition for judicial review is filed in the Superior Court of Fulton County. In any proceeding under this sub-section the findings of the Commissioner as to the facts, if supported by evidence, and in the absence of fraud, shall be conclusive, and the jurisdiction

Page 542

of said court shall be confined to questions of law. No additional evidence shall be received by the court, but the court may order additional evidence to be taken before the Commissioner, and the Commissioner may, after hearing such additional evidence, modify his determination, and file such modified determination, together with a transcript of the additional record, with the court. Such proceedings shall be heard in a summary manner and shall be given precedence over all other civil cases except cases arising under Section 6 of this Act and the Workmen's Compensation Law of this State. An appeal may be taken from the decision of the Superior Court of Fulton County to the Court of Appeals of Georgia in the same manner as is provided in civil cases. Employer, notification by commissioner. Review and determination. Determination notice of. Judical review. Determination modification of. Appellate review. (10) The Commissioner shall designate a committee composed of one representative of employers, one representative of employees, and one representative of the Bureau of Unemployment Compansation, which committee shall be constituted as a continuing committee for the purpose of conducting studies of experience rating and from time to time making recommendations to the Commissioner and Advisory Council as to desirable modifications and improvements of the law, procedures and regulations adopted in connection with the experience rating program. Committee for recommendations. Section 11. By striking from the third line of Section 8, sub-section (b), the words and figures 8th day of January, and substituting, in lieu thereof, the words and figures 31st day of March, so that said sub-section when so amended shall read as follows, namely: Section 8 (b). Except as otherwise provided in sub-section (c) of this Section, an employing unit shall cease to be an employer subject to this Act only as of the 1st day of January of any calendar year, only if it files with the Commissioner, prior to the 31st day of March of such year, a

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written application for termination of coverage, and the Commissioner finds that there were no twenty different days, each day being in a different week within the preceding calendar year, within which such employing unit employed eight or more individuals in employment subject to this act. For the purpose of this sub-section, the two or more employing units mentioned in paragraph (2) or (3) or (4) of Section 19 (g) shall be treated as a single employing unit. Employer, cessation as unit. Section 12. By striking from Section 9, sub-section (b) the fourth sentence thereof and by substituting, in lieu thereof, the following sentence, namely: Refunds payable pursuant to Section 14 and Section 19 (h) (7) (F) of this Act may be paid from the clearing account of the benefit account upon warrants issued by the treasurer under the direction of the Commissioner. Warrants, payment on. Section 13. By striking from Section 9, sub-section (b) the eighth and ninth sentences thereof and by substituting, in lieu thereof, the following sentences, namely: Such money shall be secured by the depository bank to the same extend and in the same manner as required by the general depository laws of this State; and collateral pledged for this purpose or bonds given for this purpose shall be kept separate and distinct from any collateral pledged to secure the other funds of the State. The State Treasurer shall be liable on his official bond for the faithful performance of his duties in connection with the Unemployment Compensation Fund as provided under this Act. Such liability on the official bond shall be effective immediately upon the enactment of this provision, and such liability shall exist in addition to the liability upon any separate bond existent on the effective date of this provision, or which may be given in the future. All sums recovered on any surety bond

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for losses sustained by the Unemployment Compensation Fund shall be deposited in said fund. Depository, security. Section 14. By striking from Section 9, sub-section (c) in its entirety and by substituting, in lieu thereof, a new sub-section to be known and designated as Section 9, subsection (c), as follows, namely: Section 9 (c). Money shall be requisitioned in this State's account in the Unemployment Trust Fund solely for the payment of benefits and refunds pursuant to Section 14 and Section 19 (h) (7) (F) hereof and in accordance with regulations prescribed by the Commissioner. The Commissioner shall from time to time requisition from the Unemployment Trust Fund such amounts, not exceeding the amount standing to this State's account standing therein, as he deems necessary for the payment of benefits for a reasonable future period. Upon receipt thereof the State Treasurer shall deposit such moneys in the benefit account which shall be used solely for the payment of benefits upon requisition of the Commissioner as authorized herein. The Commissioner shall from time to time issue his requisition for a lump sum of money for the payment of benefits upon the treasurer who shall issue his warrant therefor to the Commissioner of Labor on the benefit account. (Withdrawal of such moneys in the benefit account or issuance of warrants thereon shall not be subject to any provisions of law requiring specific appropriations or other formal releases of State officers of money in their custody). The Commissioner's requisitions for lump sum withdrawals to the State Treasurer for the payment of individual benefit claims shall not exceed in any event the balance of funds in the benefit account, and such requisition shall be in an amount estimated to be necessary for benefit payments for such reasonable future period as the Commissioner may by regulation prescribe. Such lump sum amounts when received by the Commissioner from the State Treasurer shall

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be immediately deposited by the Commissioner in a benefit payment account maintained in the name of the Commissioner in such bank or public depository and under such conditions as the Commissioner determines necessary; provided that such bank or public depository shall be one in which general funds of the State may be deposited, but no public deposit insurance charge of premium shall be paid out of the fund; provided further that such moneys shall be secured by the depository bank to the same extent and in the same manner as required by the general laws of this State governing depositories of State funds; and collateral pledged for this purpose or bonds given for this purpose shall be kept separate and distinct from any collateral or bonds pledged or given to secure other funds of this State. The Commissioner or his duly authorized representative is authorized to draw and issue his checks on the said benefit payment account for the payment of individual benefit claims. Expenditures of such moneys in the benefit payment account shall not be subject to any provisions of law requiring specific appropriations or other formal release by state officers of money in their custody. Any balance of moneys requisitioned from the Unemployment Trust Fund which remains unclaimed or unpaid in the benefit account and the benefit payment account after the expiration of the period for such sums were requisitioned shall either be deducted from estimates for, and may be utilized for the payment of benefits during succeeding periods, or in the discretion of the Commissioner shall be re-deposited with the Secretary of the Treasury of the United States to the credit of this State's account in the Unemployment Trust Fund as provided in sub-section (b) of this Section. Requisition of money. Benefits, payment by check. Section 15. By adding to Section 9 a new sub-section to be known and designated as Section 9 (e), namely: Section 9 (e). Transfer of Funds to Railroad Retirement Board. Notwithstanding any requirements of the

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fore-going sub-sections of this Section, the Commissioner shall, prior to 30 days after the close of this session of the Legislature, authorize and direct the Secretary of the Treasury of the United States to transfer from this State's account in the Unemployment Trust Fund, established and maintained pursuant to Section 904 of the Social Security Act as amended, to the Railroad Unemployment Insurance Account, established and maintained pursuant to Section 10 of the Railroad Unemployment Insurance Act, an amount hereinafter referred to as the preliminary amount, plus interest thereon at 2 per cent per annum from the date such amount is determined by the Social Security Board; and an additional amount, hereinafter referred to as the liquidating amount, plus interest at 2 per cent per annum from the date such amount is determined by the Social Security Board. The Social Security Board shall determine both such amounts after consultation with the Commissioner and the Railroad Retirement Board. The preliminary amount shall consist of that proportion of the balance in the Unemployment Compensation Fund as of June 30, 1939, as the total amount of contributions collected from employers, (as the term `employer' is defined in Section 1 (a) of the Railroad Unemployment Insurance Act), and credited to the Unemployment Compensation Fund, bears to all contributions theretofore collected under this Act, and credited to the Unemployment Compensation Fund. The liquidating amount shall consist of the total amount of contributions collected from `employers,' (as the term `employer' is defined in Section 1 (a) of the Railroad Unemployment Insurance Act), pursuant to the provisions of this Act during the period July 1, 1939, to December 31, 1939, inclusive. This Section shall be effective upon the passage of this Act. Transfer of funds to Railroad Retirement Board. Section 16. By striking sub-section (1) of Section 11 and substituting in lieu thereof a new sub-section to be known and designated as Setcion 11 (1), namely:

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Section 11 (1). The Commissioner is also authorized to enter into arrangements with the appropriate agencies of other states or of the Federal Government (1) whereby wages or services, upon the basis of which an individual may become entitled to benefits under the unemployment compensation law of another state or of the Federal Government, shall be deemed to be wages for employment by employers for the purposes of Section 3 and Section 4(e) of this Act, provided such other state agency or agency of the Federal Government has agreed to reimburse the fund for such portion of benefits paid under this Act upon the basis of such wages or services as the Commissioner finds will be fair and reasonable as to all affected interests, and (2) whereby the Commissioner will reimburse other State or Federal agencies charged with the administration of unemployment compensation laws with such reasonable portion of benefits, paid under the law of any such other states or of the Federal Government upon the basis of employment or wages for employment by employers, as the Commissioner finds will be fair and reasonable as to all affected interests. Reimbursements so payable shall be deemed to be benefits for the purposes of Section 3 (d) and 9 of this Act, but no reimbursement so payable shall be charged against any employer's account for the purposes of Section 7 of this Act. The Commissioner is hereby authorized to make to other State or Federal agencies and receive from such other State or Federal agencies, reimbursements from or to the fund, in accordance with arrangements pursuant to this Section. Arrangements with other agencies. Section 17. By adding to the second paragraph of subsection (k) of Section 11, the following words: The Commissioner may request the Comptroller of the Currency of the United States, to cause an examination of the correctness of any return or report of any national banking association rendered pursuant to the provisions of

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this Act, and may in connection with such request transmit any such report or return to the Comptroller of the Currency of the United States as provided in Section 1606 (c) of the Federal Internal Revenue Code. National Banking Association, report of. Section 18. By adding to Section 11 a new sub-section to be known and designated as Section 11 (m), namely: Section 11 (m). Privileged Communications. All letters reports, communications or any other matters, either oral or written, from the employer or employee to each other or to the Bureau of Unemployment Compensation or any of its agents, representatives or employees which shall have been written, sent, delivered, or made in connection with the requirements of the administration of this Act, shall be absolutely privileged and shall not be made the subject matter or basis for any suit or slander or libel in any court of the State of Georgia. Privileged communications. Section 19. By adding to the end of sub-section (a) of Section 12 the following sentence, namely: The Commissioner may cooperate with or enter into agreements with the Railroad Retirement Board with respect to the establishment, maintenance, and use of free employment service facilities. Co-operation with Railroad Retirement Board. Section 20. By striking the last sentence of sub-section (b) of Section 12 and substituting in lieu thereof the following sentence, namely: For the purpose of establishing and maintaining free public employment offices, the Commissioner is authorized to enter into agreements with the Railroad Retirement Board, or any other agency of the United States charged with the administration of any unemployment compensation law, with any political subdivision of this State, or with any private, non-profit organization, and as a part of any such agreement the Commissioner may accept moneys, services,

Page 549

or quarters as a contribution to the employment services account. Public employment offices. Section 21. By striking Section 13 in its entirety and substituting in lieu thereof a new Section to be known and designated as Section 13(a) and (b), namely: Section 13(a). Special Fund. There is hereby created in the State Treasury a special fund to be known as the Employment Security Administration Fund. All moneys which are deposited or paid into this fund shall be continuously available to the Commissioner for expenditure in accordance with the provisions of this Act, and shall not lapse at any time or be transferred to any other fund, and shall not be subject to the provisions of Section 40-401 et. seq. of the Code of 1933 as amended. All moneys in this fund which are received from the Federal Government or any agency thereof or which are appropriated by this State for the purposes described in Section 12 of this Act shall be expended solely for the purposes and in the amounts found necessary by the Social Security Board for the proper and efficient administration of this Act. The fund shall consist of all moneys appropriated by this State, all moneys received from the United States of America, or any agency thereof, including the Social Security Board, and all moneys received from any other source for such purpose, and shall also include any moneys received from any agency of the United States or any other State as compensation for services or facilities supplied to such agency, any amounts received pursuant to any surety bond or insurance policy or from other sources for losses sustained by the Employment Security Administration Fund or by reason or damage to equipment or supplies purchased from moneys in such fund, and any proceeds realized from the sale or disposition of any such equipment or supplies which may no longer be necessary for the proper administration of this Act. All moneys in this fund shall be deposited, administered, and

Page 550

disbursed in the same manner and under the same conditions and requirements as is provided by law for other special funds in the State Treasury, except that moneys in this fund shall not be commingled with other State funds, but shall be maintained in a separate account on the books of a depositary bank. Such moneys shall be secured by the depository in which they are held to the same extent and in the same manner as required by the general depository law of the State, and collateral pledged shall be maintained in a separate custody account. The State Treasurer shall be liable on his official bond for the faithful performance of his duties in connection with the Employment Security Administration Fund provided for under this Act. Such liability on the official bond shall be effective immediately upon the enactment of this provision, and such liability shall exist in addition to any liability upon any separate bond existent on the effective date of this provision, or which may be given in the future. All sums recovered on any surety bond for losses sustained by the Employment Security Administration Fund shall be deposited in said fund. Employment security fund, creation and purpose. Section 13(b). Reimbursement of Fund. This State recognizes its obligation to replace, and hereby declares it to be the policy of this State that funds will be provided in the future, and applied to the replacement of any moneys received after July 1, 1941, from the Social Security Board under Title III of the Social Security Act, any unencumbered balances in the Employment Security Administration Fund as of that date, any moneys thereafter granted to this State pursuant to the provisions of the Wagner-Peyser Act, and any moneys made available by the State or its political sub-divisions and matched by such moneys granted to this State pursuant to the provisions of the Wagner-Peyser Act, which the Social Security Board finds have, because of any action or contingency, been lost or have been expended for purposes other than, or in amounts in excess of, those found necessary by the Social Security Board for the

Page 551

proper administration of this Act. Such moneys shall be promptly replaced by moneys appropriated for such purpose from the general funds of this State to the Employment Security Administration Fund for expenditure as provided in sub-section (a) of this Section. The Commissioner shall promptly report to the Governor, and the Governor to the Legislature, the amount required for such replacement. This sub-section shall not be construed to relieve this State of its obligation with respect to funds received prior to July 1, 1941, pursuant to the provisions of Title III of the Social Security Act. Fund, re-imbursement of. Section 22. By striking sub-sections (a), (c) and (d) of Section 14 and substituting in lieu thereof new sub-sections to be known and designated as Sections 14(a), (c) and (d), respectively: Section 14 (a). Interest on Past-Due Contributions. Contributions unpaid on the date on which they are due any payable as prescribed by the Commissioner, shall bear interest at the rate of one-half per centum per month from and after such date until payment plus accrued interest is received by the Commissioner. Interest collected pursuant to this sub-section shall be paid into the Unemployment Compensation Fund. Past due contributions, interest on. Section 14(c) Priorities under Legal Dissolution or Distribution. In the event of any distribution of an employer's assets pursuant to an order of any court under the laws of this State including any receivership, assignment for benefit of creditors, adjudicated insolvency, composition or similar proceedings contributions then or thereafter due shall be paid in full on a parity with all other tax claims. In the event of any employer's adjudication in bankruptcy, judicially confirmed extension proposal or composition under the Federal Bankruptcy Act of 1898 as amended contributions then or thereafter due shall be entitled to such priority as

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is provided in that Act for taxes due any State or the United States. Priorities. Section 14 (d). Refunds. If not later than four years after the date of payment of any amount as contributions or interest thereon an employer who has made such payment shall make application for adjustment thereof in connection with subsequent contribution payments, or for a refund thereof because such adjustment cannot be made, and the Commissioner shall determine that such contributions or interest or any portion thereof was erroneously collected, the Commissioner shall allow such employer to make an adjustment thereof, without interest, in connection with subsequent contribution payments by him, or if such adjustment cannot be made, the Commissioner shall refund said amount, without interest, from the fund. For like cause and within the same period, adjustment or refund may be so made on the Commissioner's own initiative. Refunds. Section 23. By striking paragraph (4) of sub-section (g) of Section 19 and by substituting in lieu thereof a new paragraph to be known and designated as Section 19, (g), (4), namely; Section 19 (g) (4). Any employing unit which, together with one or more other employing units, engaged in related businesses, is owned or controlled directly or indirectly by the same interests or which owns or controls one or more other employing units engaged in related businesses, and which, if treated as a single unit with such other employing units or interests, or both, would be an employer under paragraph (1) of this sub-section. Common ownership of related businesses. Section 24. By adding at the end of Section 19(g) a new sub-section, to be known and designated as Section 19(g), sub-section 8, namely: Section 19 (g) (8). Nothing in this Act shall be construed

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to require an identical coverage to the Federal Unemployment Tax Act as amended, nor shall interpretations as to liability or non-liability by Federal administrative agencies be binding on the Georgia Bureau of Unemployment Compensation. Construction of act. Section 25. By adding to Section 19(g) a new paragraph to be known and designated as Section 19(g) (7), namely: Section 19 (g) (7). Any employing unit, not an employer by reason of any other paragraph of this sub-section, for which services are performed within this State with respect to which such employing unit is liable for any Federal tax against which credit may be taken for contributions paid into a State Unemployment Compensation Fund; but such services performed for such employing unit shall constitute employment for the purposes of this Act only to the extent that such services constitute employment with respect to which such Federal tax is payable. Employment, Federal tax, extent to which services performed. Section 26. By striking paragraph (1) of sub-section (h) of Section 19 and substituting in lieu thereof a new paragraph to be known and designated as Section 19(h) (1), namely: Section 19(h) (1). Employment means any service performed prior to December 31, 1940, which was employment as defined in this Section prior to such date, and, subject to the other provisions of this sub-section, service performed after December 31, 1940, including service in interstate commerce, performed for wages or under any contract of hire, written or oral, express or implied. Employment, definition of. Section 27. By striking paragraph (7) of sub-section (h) of Section 19, in its entirety, and substituting in lieu thereof the following paragraph to be known and designated as Section 19 (h) (7), namely: Section 19(h) (7). The term employment shall not include

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(A). Agriculture labor. The term agricultural Labor includes all services performed (i). On a farm, in the employ of any employing unit, in connection with cultivating the soil, or in connection with raising, or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training, and management of livestock, bees, poultry, and fur-bearing animals and wildlife. Agricultural labor, definition of. (ii). In the employ of the owner or tenant or other operator of a farm, in connection with the operation, management, conservation, improvement, or maintenance of such farm and its tools and equipment, or in salvaging timber or clearing land of brush and other debris left by a hurricane, if the major part of such service is performed on a farm. (iii). In connection with the production or harvesting of naval stores products, or any commodity defined as an agricultural commodity in Section 15 (g) of the Federal Agricultural Marketing Act, as amended or in connection with the raising or harvesting of mushrooms, or in connection with the hatching of poultry, or in connection with the ginning of cotton, or in connection with the operation or maintenance of ditches, canals, reserviors, or waterways used exclusively for supplying and storing water for farming purposes. (iv). In handling, planting, drying, packing, packaging, processing, freezing, grading, storing, or delivering to storage or to market or to a carrier for transportation to market, any agricultural or horticultural commodity; but only if such service is performed as an incident to ordinary farming operations or, in the case of fruits and vegetables, as an incident to the preparation of such fruits or vegetables for market. The provisions of this paragraph shall not be deemed to be applicable with respect to service performed

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in connection with commercial canning or commercial freezing or in connection with any agricultural or horticultural commodity after its delivery to a terminal market for distribution for consumption. As used in this sub-section, the term farm includes stock, dairy, poultry, fruit, fur-bearing animals, and truck farms, plantations, ranches, nurseries, ranges, greenhouses or other similar structures used primarily for the raising of agricultural or horticultural commodities, and orchards. Farm definition of. (B) Domestic service in a private home, local college club, or local chapter of a college fraternity or sorority. Domestic service. (C) Casual labor not in the usual course of the employing unit's trade or business. Casual labor. (D) Service performed as an officer or a member of the crew of a vessel on the navigable waters of the United States. Service on vessel. (E) Service performed by an individual in the employ of his son, daughter, or spouse, and service performed by a child under the age of twenty-one in the employ of his father or mother. Family service. (F) Service performed in the employ of the United States Government or of an instrumentality wholly owned by the United States; except that if the Congress of the United States shall permit states to require any instrumentalities of the United States to make payments into an unemployment fund under a state unemployment compensation act, then to the extent permitted by Congress and from and after the date as of which such permission becomes effective all of the provisions of this act shall be applicable to such instrumentalities and to services performed by employees for such instrumentalities in the same manner, to the same extent, and on the same terms as to all other employers and employing units, provided, however, if this

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state should not be certified by the Social Security Board under Section 1603 of the Federal Internal Revenue Code for any year, then the payment required by such instrumentality with respect to such year shall be deemed to have been erroneously collected within the meaning of Section (14d) of this act and shall be refunded by the Commission from the fund in accordance with the provisions of Section 14 of this Act. Federal Government employees, exception. (G) Service performed in the employ of a State, or any political sub-divisions thereof, or any instrumentality of any one or more of the foregoing which is wholly owned by one or more states or political sub-divisions; and any service performed in the employ of any instrumentality of one or more states or political subdivisions to the extent that the instrumentality is, with respect to such service, immune under the Constitution of the United States from the tax imposed by Section 1600 of the Federal Internal Revenue Code. State and political sub-division employees. (H). Service performed in the employ of a corporation, community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, literary, or educational purposes, or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, and no substantial part of the activities of which is carrying on propaganda, or otherwise attempting to influence legislation. Eleemosynary employees. (I). Service performed after June 30, 1939, in the employ of an employer as defined by the Railroad Unemployment Insurance Act, or, as an employee representative as defined by the Railroad Unemployment Insurance Act (52 Stat. 1094) and service with respect to which unemployment compensation is payable under an unemployment compensation system for maritime employees, or

Page 557

under any other unemployment compensation system, established by an Act of Congress; provided that the Commission is hereby authorized and directed to enter into agreements with the proper agencies under such Act or Acts of Congress, which agreement shall become effective ten days after publication thereof in the manner provided in Section 11 hereof for general rules, to provide reciprocal treatment to individuals who have, after acquiring potential rights to benefits under this Act acquired rights to unemployment compensation under such Act or Acts of Congress, or who have, after acquiring potential rights to unemployment compensation under such Act or Acts of Congress, acquired rights to benefits under this Act. Railroad employees. (J) (a). Service performed in any calendar quarter in the employ of any organization exempt from income tax under Section 101 of the Federal Internal Revenue Code, if Organization exempt from income tax under Sec. 101. (i). The remuneration for such service does not exceed $45.00, or (ii). such service is in connection with the collection of dues or premiums for a fraternal beneficiary society, order, or association, and it performed away from the home office, or is ritualistic service in connection with any society, order or association, or (iii). such service is performed by a student who is enrolled and is regularly attending classes at a school, college, or university; (b). Service performed in the employ of an agricultural or horticultural organization exempt from income tax under Section 101 (1) of the Federal Internal Revenue Code: (c). Service performed in the employ of a voluntary employees' beneficiary association providing for the payment of life, sick, accident, or other benefits to the members of

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such association or their dependents, if (i) no part of its net earnings inures (other than through such payments) to the benefit of any private shareholder or individual, and (ii) 85 per centum or more of the income consists of amounts collected from members for the sole purpose of making such payments and meeting expenses. (d). Service performed in the employ of a voluntary employees' beneficiary association providing for the payment of life, sick, accident, or other benefits to the members of such association or their dependents or their designated beneficiaries, if, (i) admission to membership in such association is limited to individuals who are officers or employees of the United States Government, and (ii) no part of the net earnings of such association inures (other than through such payments) to the benefit of any private share-holder or individual: (e) Service performed in any calendar quarter in the employ of a school, college, or university, not exempt from income tax under Section 101 of the Federal Internal Revenue Code, if such service is performed by a student who is enrolled and is regularly attending classes at such school, college, or university, and the remuneration for such service does not exceed $45 (exclusive of room, board, and tuition); (K) Service performed as a student nurse in the employ of a hospital or a nurses' training school by an individual who is enrolled and is regularly attending classes in a nurses' training school chartered or approved pursuant to State law; and service performed as an interne in the employ of a hospital by an individual who has completed a four years' course in a medical school chartered or approved pursuant to State law; Nurses in training, employment of. (L) Service performed by an individual under the age of eighteen in the delivery or distribution of newspapers or

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shopping news, not including delivery or distribution to any point for subsequent delivery or distribution. Distribution of newspapers, service in. (M) Service performed by an individual for an employer as an insurance agent or as an insurance solicitor, if all such service performed by such individual for such employer is performed for remuneration solely by way of commission. Insurance agents. (N) If the services performed during one-half or more of any pay period by an employee for the employing unit employing him constitute employment, all the services of such employee for such period shall be deemed to be employment; but if the services performed during more than one-half of any such pay period by an employee for the employing unit employing him do not constitute employment, then none of the services of such employee for such period shall be deemed to be employment. As used in this sub-section the term pay period means a period (of not more than thirty-one consecutive days) for which payment of remuneration is ordinarily made to the employee by the employing unit employing him. This sub-section shall not be applicable with respect to services performed in a pay period by an employee for the employing unit employing him, where any of such service is expected by paragraph 19 (i) (6) (1) of this Act. Determination of employment. Section 28. By striking sub-section (k) of Section 19 and substituting in lieu thereof a new sub-section to be known and designated as Section 19(k), namely: Section 19(k). `Unemployment.' An individual shall be deemed `unemployed' in any week during which he performs no services and with respect to which no wages are payable to him, or in any week of less then full-time work if the wages payable to him with respect to such week are less than his weekly benefit amount. The Commissioner shall prescribe regulations applicable to unemployed individuals

Page 560

making such distinctions in the procedures as to total unemployment, part-total unemployment, partial unemployment of individuals attached to their regular jobs, and other forms or short-time work, as the Commissioner deems necessary. An individual compensated solely on a commission basis shall be deemed to be unemployed only upon the termination of his contract of employment. Unemployment, definition of. Section 29. By striking sub-section (n) of Section 19 and substituting in lieu thereof the following sub-section to be known and designated as Section 19 (n), namely: Section 19(n) `Wages' means all remuneration for personal services, including commissions and bonuses and the cash value of all remuneration paid in any medium other than cash. The reasonable cash value of remuneration in any medium other than cash, shall be estimated and determined in accordance with the rules prescribed by the Commissioner, provided, that the term `wages' shall not include, after December 31, 1940: Wages, definition of. (1) For the purposes of Section 3(b) (1) Section 4(e) and Section 7 of this Act that part of the remuneration which, after remuneration equal to $3,000.00 has been paid to an individual by an employer with respect to employment during any such calendar year; and $3,000.00 limit. (2) The amount of any payment to, or on behalf of, an employee under a plan or system established by an employer which makes provision for his employees generally or for a class or classes of his employees (including any amount paid by an employer for insurance or annuities, or into a fund, to provide for any such payment), on account of (A) retirement, or (B) sickness or accident disability, or (C) medical and hospitalization expenses in connection with sickness or accident disability, or (D) death, provided the employee (i) has not the option to receive, instead of provision for such death benefit, any part of such payment or,

Page 561

if such death benefit is insured, any part of the premiums (or contributions to premiums) paid by his employer, and (ii) has not the right, under the provisions of the plan or system or policy of insurance providing for such death benefit, to assign such benefit or to receive a cash consideration in lieu of such benefit either upon his withdrawal from the plan or system providing for such benefit or upon termination of such plan or system or policy or insurance or of his employment with such employer; and Employee funds, payment into, exemption. (3) Dismissal payments which the employer is not legally required to make; and Dismissal payments. (4) Payment by an employer (without deduction from the remuneration of an employee) of the tax imposed by Section 1400 of the Internal Revenue Code, as amended. Payment under Sec. 1400. (5) Wages payable to an individual for insured work performed prior to December 31, 1940, shall, for the purposes of Section 3(b)(1), (4)(e) and 7(c) of the Unemployment Compensation Law as amended by this Act, be deemed to be wages paid within the calendar quarter with respect to which such wages were payable. Wages payable prior to Dec. 31, 1940. Section 30. By striking sub-section (r) of Section 19 and substituting in lieu thereof a new sub-section to be known and resignated as Section 19(r), namely: Section 19(r), `Benefit Year' with respect to any individual means the 52-consecutive-week period beginning with the first day of the first week with respect to which the individual first files a valid claim for benefits, and thereafter the 52-consecutive-week period beginning with the first day of the first week with respect to which the individual next files a valid claim for benefits after the termination of his last preceding benefit year. Any claim for benefits made in accordance with Section 6 (a) of this Act shall be deemed to be a `valid claim' for the purpose of this sub-section if

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the individual has been paid the wages for insured work required under Section 4 (e) of this Act. Benefit year, definition of. Section 31. By striking sub-section (s) of Section 19 and substituting in lieu thereof a new sub-section to be known and designated as Section 19(s), namely: Section 19(s). `Base Period' means the first four of the last five completed calendar quarters immediately preceding the first day of an individual's benefit year. Base period, definition of. Section 32. By adding to the end of Section 19 a new and additional sub-section to be known and numbered as Section 19(t), namely: Section 19(t). `Insured work' means employment for employers. Insured work, definition of. Section 33. By inserting between Section 19 and Section 20, a new Section to be known and designated as Section 20, namely: Section 20. Transition Provisions. (A) As used in this Section unless the context clearly requires otherwise: Transition provisions. (1) `Old Law' means the unemployment compensation law prior to its amendment by this Act. Old law. (2) `New Law' means the Unemployment Compensation Law as amended by this Act. New law. (3) `Effective date' means the date upon which the new law becomes effective. Effective date. B. Except as otherwise specifically provided in sub-section C of this Section, the new law shall be exclusive applicable with respect to any individual on and after the effective date. No provisions of the old law shall be construed to limit or to extend the rights of any individual as fixed by the new law, after the new law becomes exclusively applicable

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with respect to such individual as provided in this Section. New law, effective date of. C(1). With respect to any individual for whom there is current a benefit year, established pursuant to the old law, Section 19 (s) (base period), 19 (r) (benefit year), 3(c) and 4(e) (qualifying wages) of the old law, and the weekly benefit amount determined pursuant to Section 19 (q), 3(b), 3(c), and 3(d) of the old law shall be exclusively applicable until the expiration of such current benefit year, except that: Old law, applicable when. (a) Notwithstanding any provision of Section 19(s) and 3(d) of the old law to the contrary, the base period of such individual and the period usable in the determination or redetermination of his full-time weekly wage, shall in no event extend beyond the last day of the next to the last completed calendar quarter immediately preceding the effective date, and Base period. (b) Notwithstanding any provision of Section 4(d) of the old or new law to the contrary, no waiting period shall be required of any such individual after the effective date and before the expiration of such current benefit year, and Waiting period. (c) Notwithstanding any provision of the old law to the contrary, the weekly benefit amount and the maximum total benefits payable during such current year shall, if not a multiple of $1.00, be computed to the nearest multiple of $1.00, with respect to all weeks of unemployment occurring after the effective date. Computation. (2) Section 19(s), 19(r), 3(b), 3(d), and 4(e), of the new law shall be exclusively applicable with respect to such individual after the expiration of such benefit year. Section 34. Saving Clause. The Legislature reserves the right to amend or repeal all or any part of this Act at any time; and there shall be no vested private rights of any

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kind against such amendment or repeal. All the rights, privileges, or immunities conferred by this Act or by acts done pursuant thereto, shall exist subject to the power of the Legislature to amend or repeal this Act at any time. Saving clause. Section 35. If any provisions of this Act, or the application thereof to any person or circumstance, is held invalid, the remainder of this Act and the application of such provision to other persons or circumstances shall not be affected thereby. Constitutionality. Section 36. Effective Date. Except as otherwise provided in the context hereof this Act shall be effective on the first day of the first calendar quarter immediately following its passage. Effective date. Section 37. Section 9 (b) of the said Act is amended to provide: The Commissioner shall be the custodian of the fund and he shall deposit the same in the depositories of this State in such amounts as the Governor might direct, but before any such depository shall be eligible for such deposits it must post good and solvent bond, payable to the Governor and his successors in office, to be approved by him and in such sums as he might require. Custodian of fund, commissioner is. Section 38. Be it further enacted that if any provision of this Act, or the application thereof to any person or circumstances, should be held to be at irresoncilable conflict with Federal statutes, or to be unconstitutional, the remainder of this Act, and the application thereof of such provisions to other persons or circumstances shall not be effected thereby. Conflict with Federal statutes. Section 39. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Repealing clause. Approved March 21, 1941.

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VETERINARIAN'S OFFICE ABOLISHED. No. 83. An Act to abolish the office of State Veterinarian as created in the Act approved February 17th, 1937, (Ga. Laws 1937 pp. 850 through 851) which act provides for the appointment of a State Veterinarian; prescribes his powers, duties and the length of his term of office; his salary and expenses, and for other purposes. Be it and it is hereby enacted by the General Assembly of Georgia: Section 1. That the act creating the office of State Veterinarian approved February 17th, 1937, and published in Georgia Laws 1937 pp. 850 through 851, providing for the appointment of a State Veterinarian, prescribing his powers, duties, length of term, salary and expenses, be and the same is hereby repealed in its entirety. Repeal of act of 1937. Section 2. All laws or parts of laws in conflict with this act are hereby repealed. Approved February 24, 1941. ZONING AND PLANNING LAWS IN CERTAIN COUNTIES. No. 213. An Act to authorize any county in this State having a population of not less than twenty thousand one hundred and twenty and not more than twenty thousand one hundred and thirty inhabitants, according to the 1940 Federal census, or that may have a population within said limits by any future Federal census, to pass, through the Board of County Commissioners of Roads and Revenues, or the ordinary or county Commissioner, as the case may be,

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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 given by written petition signed by the owners of fifty-one per cent of the real property within the area, zoned or districted; 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 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 twenty thousand one hundred and twenty and not more than twenty thousand and one hundred and thirty inhabitants, according to the 1940 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 hereby such county or counties may be zoned or districted for various uses and other or different uses provided therein, and regulating the use for which said zones or districts may be set apart and regulating the plans for development and improvements of real estate therein. Provided, however, no zone or district may be created or established without the consent given by written petition

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signed by the owners of fifty-one per cent of the real property within the area, zoned or districted. Applicable only in certain counties. Zoning and planning laws. 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 advertisement 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 injunction 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. Law, injury by violation. Section 4. That any person who shall wilfully violate any valid law promulgated by any such county, shall be guilty of a misdemeanor and be punished by a fine of not less than ten dollars nor in excess of one hundred dollars or imprisoned for not less than ten days nor more than thirty days, or both. Crime. 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. Constitutionality. Section 6. That all laws and parts of laws in conflict herewith are hereby repealed. Repealing clause. Approved March 24, 1941.

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TITLE VII. EDUCATIONSCHOOLSUNIVERSITY SYSTEM. ACTS. State Board of EducationAct Amended. State Board of EducationSalary of Executive Secretary. STATE BOARD OF EDUCATIONACT AMENDED. No. 361. An Act to amend Section 4 of an act approved February 10th, 1937, (Ga. Laws 1937 P. 864), creating the State Board of Education, defining its powers, duties, etc., so as to permit the State Board of Education as therein established to receive, accept, hold, operate and delegate on behalf of the State of Georgia, donations, grants, gifts, devises and bequests of real, personal and mixed property; to lease, manage and otherwise administer the same for the use, benefit and behoof of the common school system of Georgia, and to accept on behalf of the State of Georgia any funds which may be appropriated by Congress or otherwise be made available to or allotted to the State of Georgia in connection with, or as an incident of any program of vocational education or other educational purposes, or that may become an essential part in the program of preparation for National Defense; declaring the right of said Board of Education to acquire and hold title for and on behalf of the State of Georgia for the benefit of the common school system

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thereof, to any equipment and/or supplies that may be necessary for such objects, and to act as the contracting agent therefor and the custodian thereof; to affirm certain powers heretofore conferred under Section 14 of the School Equalization Act approved February 10th, 1937, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same: Section 1. That Section 4 of an act approved February 10th, 1937, entitled, An act to establish a State Board of Education, prescribed the qualifications of the members of said Board, fix their terms of office, define their duties, to provide penalties for the violation of this act, and to repeal certain sections of the Code of Georgia of 1933, as follows: Section 32-401, Section 32-402, Section 32-403, Section 32-404, Section 32-405, Section 32-406 and Section 32-407, and for other purposes Act of 1937 amended. be and the same is hereby amended by striking in its entirety the second sentence thereof, and by substituting and inserting in lieu thereof the following, to-wit: Said Board is hereby authorized and empowered to receive, accept, hold and operate on behalf of the State of Georgia, donations, grants, gifts, devises and bequests of real, personal and mixed property of every kind and character, to lease, manage and otherwise administer the same for the use, benefit and behoof of the common school system of Georgia, and to accept on behalf of the State of Georgia any funds which may be now or hereafter provided for, or be or hereafter become available or allotted to the State of Georgia by virtue of any appropriation by Congress or under any governmental regulation, order or declaration of policy for either vocational

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education or other educational purposes conducted either in or out of school, in connection with, or as an incident of, any program of vocational education now or hereafter established as essential to national defense either for industrial or agricultural occupations, and whether as part of a Federal or a State program or a combination of both, in furtherance of vocational educational objectives generally; and said Board is authorized and empowered to acquire and hold title for and on behalf of the State of Georgia, for the benefit of the common school system thereof, any equipment and/or supplies, both permanent and expendable, that may be necessary for such purposes, and to act as the contracting agent therefor and the custodian thereof, and to delegate, in whole, or in part, any function or activity enumerated or contemplated hereunder, and to contract with and cooperate with any department, agency or instrumentality either of the State of Georgia or of the United States, in any manner which shall be requisite or incident hereto, which in the judgment of said Board may be deemed proper for the carrying into effect of the purposes of this Act, and to use so much of the common school fund or other funds appropriated by the General Assembly as may be necessary to match any such Federal aid, or to meet the terms of any past, present, or future grant to the State or any local school unit whereby the same respectively may be enabled to derive full advantage of the benefits thereof to the State of Georgia as contemplated under the terms and provisions of any such grant for educational purposes, so that said Section 4 of said act, as hereby amended, shall read as follows: Section 4. Except as provided by this act, the State Board of Education shall also have all the powers conferred by law upon the State Board of Education created

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by Section 32-401 of the Code of Georgia of 1933, and abolished by Section 10 of this Act, and shall perform all the duties now required by law of said State Board of Education as now constituted. Said Board is hereby authorized and empowered to receive, accept, hold and operate, on behalf of the State of Georgia, donations, grants, gifts, devises and bequests of real, personal and mixed property of every kind and character, to lease, manage and otherwise administer the same for the use, benefit and behoof of the common school system of Georgia, and to accept on behalf of the State of Georgia any funds which may be now or hereafter provided for, or be or hereafter become available or allotted to the State of Georgia by virtue of any appropriation by Congress or under any governmental regulation, order or declaration of policy for either vocational or other educational purposes conducted either in or out of school, in connection with, or as an incident of, any program of vocational education now or hereafter established as essential to national defense either for industrial or agricultural occupations, and whether as part of a Federal or a State program or a combination of both, in furtherance of vocational educational objectives generally; and said Board is authorized and empowered to acquire and hold title for and on behalf of the State of Georgia, for the benefit of the common school system thereof, any equipment and/or supplies, both permanent and expendable, that may be necessary for such purposes, and to act as the contracting agent therefor and the custodian thereof, and to delegate, in whole or in part, any function or activity enumerated or contemplated hereunder, and to contract with and co-operate with any department, agency or instrumentality either of the State of Georgia or of the United States, in any manner which shall be requisite or incident hereto, which in the judgment of said Board may be deemed proper for the carrying into effect of the purposes of this

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Act, and to use so much of the common school fund or other funds appropriated by the General Assembly as may be necessary to match any such Federal aid, or to meet the terms of any past, present or future grant to the State or any local school unit whereby the same respectively may be enabled to derive full advantage of the benefits thereof to the State of Georgia as contemplated under the terms and provisions of any such grant for educational purposes, no funds shall be used to meet any past or future grant to the state but shall be available only for any present grant now available. Donations received by board of education. Title to property. Matching Federal funds. Section 2. That any thing contained in the act approved February 10th, 1937, and entitled, An act to equalize educational opportunities throughout the State, to the contrary notwithstanding, nothing herein shall be construed to alter, diminish, affect or impair the authority vested in said State Board of Education under the provisions of Section 14 thereof, with respect to apportioning funds to various local school units as additional aid for use in maintaining vocational classes or departments; but the authority herein conferred shall supplement the grant of authority heretofore conferred, and to the extent herein enacted. No impairment of authority. Section 3. That all laws or parts of laws in conflict herewith be and the same are hereby repealed. Repealing clause. Approved March 27, 1941.

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STATE BOARD OF EDUCATIONSALARY OF EXECUTIVE SECRETARY. No. 19. An Act to fix the compenstion of the State Superintendent of Schools as executive secretary of The State Board of Education and the administrative officer of the State Department of Education; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the State Superintendent of Schools shall receive as compensation for his services as executive secretary of the State Board of Education and the administrative officer of the State Department of Education three thousand dollars ($3,000) per annum, payable in monthly installments, which shall be in addition to the salary provided by the Constitution for the State Superintendent of Schools, and shall not be otherwise compensated for any service rendered the State in any capacity. Compensation. Section 2. This Act shall be effective immediately notwithstanding the provisions of the Act approved February 10, 1937, that the compensation of the State Superintendent of Schools as such executive secretary and administrative officer shall not be increased or diminished during his term, and notwithstanding any other statute so providing. Effective despite act of 1937. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Repealing clause. Approved February 6, 1941.

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TITLE VIII. HIGHWAYS OF THE STATE. ACTS. Atkinson and Coffee CountiesWillacoochee to Axson. Ben Hill and Coffee CountiesBroxton to Fitzgerald. Brantley and Pierce Counties. Calhoun and Clay Counties. Candler, Bulloch and Screven CountiesMetter to Sylvania. Catoosa and Walker Counties. Chatham County Addition. Chatham County Montgomery Street Extension. Coffee and Atkinson Counties. Coffee County Addition. Coweta County Addition. Dodge, Laurens and Telfair Counties. Fannin County Addition. Highway Department ObligationsAuditing and Approval of Claims. Houston and Pulaski Counties. Jones and Monroe Counties. Pierce and Ware Counties. Quitman County Addition. Troup County Addition. ATKINSON AND COFFEE COUNTIESWILLACOOCHEE TO AXSON. No. 369. An Act to amend an Act approved August 20th, 1929 (Act of 1929, pp. 260 to 268 inclusive), designating the Highway Mileage by adding additional mileage in Coffee and Atkinson Counties, Georgia, from Willacoochee to Ambrose to Broxton to West Green to Nicholls to Axson. 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 on and after the passage of this Act, the State Highway Mileage be and the same is hereby increased by adding the road beginning at a point on State Highway No. 50 in Willacochee, Atkinson County, Georgia, and going North on public road to Bridgetown, Coffee County, Georgia, thence following public road to Vickers Chapel School, thence following public road to Paulk-Rosenwald School, thence following public road by Mt. Union Church to State Highway No. 32, thence to Ambrose, Coffee County, Georgia, thence following public road to Broxton, Georgia, thence following public road to West Green, Georgia, Coffee County, thence following public road to State Highway No. 32 about two miles West of Nicholls, Coffee County, Georgia. Then beginning at Nicholls and following public road to Wilsonville, Coffee County, Georgia, thence following public road to Axson, Atkinson County, Georgia. The additional mileage amounting to approximately 70 miles. Road specified. Section 2. That the map showing Highway Mileage between the pages 268 and 269 in said original Act, be and the same is hereby amended so as to show said above described road. Map amended. Section 3. That this Act shall not have the effect of certifying said proposed road into now State Aid System, until so certified by the State Highway Board of Georgia as provided in said Act of 1929. Section 4. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 27, 1941.

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BEN HILL AND COFFEE COUNTIESBROXTON TO FITZGERALD. No. 123. An Act to amend an Act approved August 20th, 1929 (Acts 1929, pp. 260 to 268 inclusive), designating the Highway Mileage by adding additional mileage in Coffee and Ben Hill Counties, Georgia, from Broxton in Coffee County, Georgia, to Fitzgerald in Ben Hill County, Georgia. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same: Section 1. That on and after the passage of this Act, the State Highway Mileage be and the same is hereby increased by adding the road beginning at a point on the Douglas to Fitzgerald Public Road at Broxton, Coffee County, Georgia, thence following public road to Fitzgerald, Ben Hill County, Georgia. The said additional mileage amounting to approximately 24 miles. Road specified. Section 2. That the map showing Highway Mileage between pages 268 and 269 in said original Act be and the same is hereby amended so as to show said road from Broxton to Fitzgerald, Ga. Map amended. Section 3. That this bill shall not have the effect of certifying said proposed road into now State Aid System, until so certified by the State Highway Board of Georgia, as provided in said Act of 1929. Road to be certified. Section 4. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 26, 1941.

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BRANTLEY AND PIERCE COUNTIES. No. 221. An Act to amend an Act entitled Highway Mileage, as the same appears in the Acts of the Georgia Legislature of 1929, pages 260 to 268, and including map opposite page 268 of said Acts of 1929, said Act hereby amended being known as the Traylor-Neill Act, and the map aforesaid being designated in said Act of 1929 as the Traylor-Neill Map, so as to add to said map a road leading from the City of Blackshear, in Pierce County, Georgia, in an easterly direction, to settlement or town known as Trudie, in Brantley County, Georgia, the total mileage of said road being approximately 19.7 miles, including approximately 15.4 miles in Pierce County and 4.3 miles in Brantley County; to provide that the addition of said road on said map shall not require payment of gasoline tax or maintenance by the State Highway Board of Georgia until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that certain Act of the General Assembly of Georgia, known as the Traylor-Neill Act, as said Act appears in the laws of Georgia of 1929, page 260 to 268, together with the map opposite page 268 of said Laws of 1929, be and the same is hereby amended by adding to and placing on said map as fully and completely as though originally drawn on said map that certain road leading from the City of Blackshear, in Pierce County, Georgia, in an easterly direction to settlement or town known as Trudie, in Brantley County, Georgia, the total mileage of said road being approximately 19.7 miles, including approximately 15.4 miles in Pierce County and 4.3 miles in Brantley County. Act of 1929 amended.

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Section 2. Be it further enacted by the authority aforesaid, that by the addition of said road on said map there shall arise no obligation on the part of the State of Georgia and the Highway Department of said State for the maintenance of said road nor shall the addition of said to said map entitle the County authorities in the Counties in which said road is located to receive a prorata part of the one cent gasoline tax allocated to said Counties as to said road hereby added on said map unless and until said road is formally designated as a State Aid Road by the State Highway Board of Georgia, or its successors in office, by appropriate action as now provided by law, and a map showing said road thereon be filed with the Secretary of State as now provided by law. Designation before obligation. Section 3. Be it further enacted by the authority aforesaid, that it is the purpose of this Act to give to the State Highway Department of Georgia the right and authority legally to designate the road described in Section One of this Act as a State Aid Road, which road when so designated, shall have the status and shall be accorded such rights as State Aid Roads heretofore adopted and designated. Section 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and they hereby are repealed. Approved March 24, 1941. CALHOUN AND CLAY COUNTIES. No. 206. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268 and including the map opposite page 268 of said Acts of 1929, said Act hereby

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amended being known as the Traylor-Neill Bill, and map aforesaid being designated in said Acts of 1929 as the Traylor-Neill Map, so as to add to said map a road leading from State Route Number 37 near Edison, Calhoun County, Georgia, Via Fain's Hatchery or Fain's Cross Roads, to a point on State Route Number 1 approximately 1.3 miles north of the City limits of Bluffton, Clay County, Georgia, to provide that the addition of said road on said map shall not require payment of gasoline tax or maintenance by the State Highway Department of Georgia until said road is formerly designated as a State Aid Road by the State Highway Board of Georgia by appropriate action; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that that certain Act of the Georgia Legislature known as the Traylor-Neill Bill, together with the map attached thereto, as said Bill appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268, together with the map opposite page 268 of said Acts of 1929, be and the same is hereby amended by adding to and placing on said map, as fully and completely as though originally drawn on said map, that certain road leading from State Route Number 37 at a point approximately 1.6 miles west of the City limits of Edison, Calhoun County, Georgia, Via Fain's Hatchery or Fain's Cross Roads to a point on State Route Number 1 approximately 1.3 miles north of the City limits of Bluffton, Clay County, Georgia. 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 arises no obligation either express or implied, that the State of Georgia, or the Highway Department of Georgia shall be responsible for the maintenance on said road nor shall the addition of said road to said map entitle the County or Counties in which said road is located to receive

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its pro rata part of the 1 cent gasoline tax allocated to said County as to said road hereby added on said map, unless and until said road is formerly designated as a State Aid Road by the State Highway Board of Georgia by Appropriate action as now provided by law and a map, showing said road thereon, be filed with the Secretary of State as now provided by law. Designation before obligation. Section 3. Be it further enacted, that it is the purpose of this Act to give to the State Highway Department of Georgia the right and authority to legally designate said road leading from State Route Number 37 near Edison, Calhoun County, Georgia, by Fain's Hatchery or Fain's Cross Roads to State Route Number 1 near Bluffton, Clay County, Georgia, as a State Aid Road; and if and when said road is so designated by the State Highway Department of Georgia said road shall not be considered a part of the five hundred additional miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill. Section 4. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 24, 1941. CANDLER, BULLOCK AND SCREVEN COUNTIESMETTER TO SYLVANIA. No. 321. An Act to amend an Act entitled Highway Mileage, approved August 20, 1929, (Acts 1929, pages 260-268, inclusive), by adding thereto a road beginning in the city of Metter in Candler County and extending through the town of Portal in Bulloch County, the town of Rocky Ford in Screven County and to the city of Sylvania in Screven County, and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act there shall be added to the highway mileage of this State authorized by that certain Act of the General Assembly of Georgia entitled Highway Mileage, approved August 20, 1929, (Georgia Laws 1929, pages 260-268, inclusive), the following additional road, to wit: Act of 1929 amended. Beginning at the city of Metter in Candler County and proceeding in a northeasterly direction to the town of Portal in Bulloch County thence in a northeasterly direction to the town of Rocky Ford in Screven County, and thence in a northeasterly direction to the city of Sylvania in Screven County. Road specified. Section 2. Be it further enacted by the authority aforesaid that this Act shall not have the effect of certifying the road described in Section 1 hereof into the State Highway System, but shall merely authorize such certification by the State Highway Board of Georgia, or its successors in office whenever such action may in the discretion of said Board be deemed advisable. Designation before obligation. 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 27, 1941. CATOOSA AND WALKER COUNTIES. No. 214. An Act to amend an Act entitled Highway Mileage as the same appears in the Acts of the Georgia Legislature of 1929, pages 260 to 268 and including the map opposite page 268 of the said acts of 1929, said act hereby

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amended being known as the Traylor-Neill Bill and map as aforesaid being designated in said acts of 1929 as the Traylor-Neill Map; so as to add to said map a road in Catoosa and Walker counties, Georgia, beginning at the intersection of the Dixie Highway, State Route No. 1, U. S. Route No. 27 (formerly known as the Chattanooga-LaFayette Government Road) at a point near the crest of Mission Ridge at the property of Mrs. A. J. Rist, and running thence through Walker County a distance of approximately one half mile to the Catoosa County line to the intersection of said road with the Cloud Springs Road in Catoosa County, a distance of 3.2 miles, the total length of said road being approximately 3.7/10 miles; to provide that the addition of said road on said map shall not require payment of gasoline tax or maintainance by State Highway Department of Georgia until said road is formerly designated as a state aid road by the State Highway Board of Georgia by appropriate action, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same: Section 1. That that certain act of the Georgia Legislature known as the Traylor-Neill Bill, together with the map attached thereto, as said bill appears in the acts of the General Assembly of Georgia of 1929, Pages 260 to 268, together with the map opposite page 268 of said acts of 1929, be and the same is hereby amended by adding to and placing on said map as fully and completely as though originally drawn on said map, that certain road beginning at the intersection of the state highway, State Route No. 1, U. S. Route No. 27, (formerly known as the Chattanooga La-Fayette Government Road) at a point near the crest of Mission Ridge at the property of Mrs. A. J. Rist in Walker County, Ga. and running thence in Walker County a distance of approximately one half mile to the Catoosa County

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line, and being that road in said county known as the Lake Winnepesaukah Road, and thence from the Catoosa County line to the intersection of said road with the Cloud Spring Road in Catoosa County, Ga. a distance of 3.2 miles, making a total distance of Approximately 3.7 miles in length. Act of 1929 amended. Road specified. Section 2. Be it further enacted that by the addition of said road on said map and placing of said road on said map, there shall arise no obligation, either express or implied, that the State of Georgia, the State Highway Board and the State Highway Department 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 of Walker or Catoosa Counties, in which counties said road is located, to receive a pro rata part of the one cent gasoline tax allocated to said county or counties as to said road hereby added on said map unless and until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action as now provided by law and a map showing said road thereon be filed with the Secretary of State as now provided by law. Designation before obligation. Section 3. Be it further enacted that it is the purpose of this act to give to the Highway Department of Georgia the right and authority legally to designate the road described in Section 1 of this act, extending from the said highway (State Route No. 1) in Walker County to the Cloud Spring Road in Catoosa County, as a State Aid Road and when so designated to have such status and to be accorded such rights as State Aid Roads heretofore adopted and designated. 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, 1941.

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CHATHAM COUNTY ADDITION. No. 356. An Act to amend an Act approved August 20, 1929 (Acts 1929, pages 260 to 268, inclusive) designating the highway mileage by adding additional mileage from Savannah, Georgia, to cross the Savannah River at East Broad Street in the City of Savannah, Chatham County, Georgia, to Hutchinson's Island on the North side of said Savannah River and across Hutchinson's Island to Back Savannah River to the South Carolina shore, a distance of approximately two miles. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that on and after the passage of this Act, the State highway mileage be, and the same is hereby increased by adding thereto a State highway beginning at the Northern terminus of East Broad Street at its intersection with Bay Street and running above and across the Savannah River in a direction slightly North of East and at right angles to the established Government pier-head lines to the Northern side of the Savannah River on Hutchinson's Island at a point between approximately 50 and 100 feet East of the roadbed of the Seaboard Air Line Railway Company on Hutchinson's Island, and running in a straight line in a Northeasterly direction on Hutchinson's Island about 1070 feet North of the North pier-head line of the Savannah River, and thence curving about 20 for a distance of about 698 feet, and extending thence in a straight line in a Northeasterly direction across Hutchinson's Island and across Back Savannah River to a point on the Northern side of Back Savannah River on the South Carolina side thereof, which point will be about 4,000 feet West of Old Screven Ferry Landing on the North side of Back Savannah River, the said new mileage to have a right-of-way

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across Hutchinson's Island to the Northern side of Back Savannah River of not less than 100 feet in width, and not greater than 300 feet in width, conditioned, however, that the terminus on the Northern bank of the Savannah River and on the Northern bank of Back Savannah River shall be definitely located and determined at such point as may conform to the joint agreement of the Chief of Engineers of the United States and the Chief of Engineers of the State Highway Department, and the bridges across the Savannah River and Back Savannah River to conform in every way to the requirements of the United States Highway Engineers in charge of the locating and construction of said bridges, the entire length of said additional mileage of said highway to be approximately two miles. 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 of county authorities in which said road is located to receive a pro rata part of the one (1c) cent gasoline tax allocated to said county as to said road hereby added on said map unless and until said road is formally designated as a State Aid road by the State Highway Board of Georgia by appropriate action as now provided by law and a map, showing said road thereon, be filed with the Secretary of State as now provided by law. Designation before obligation. Section 3. Be it further enacted, that all laws and parts of laws in conflict herewith are and the same are hereby repealed. Approved March 27, 1941.

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CHATHAM COUNTY MONTGOMERY STREET EXTENSION. No. 230. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, page 260 through 268, and including the map opposite page 268 of said Acts of 1939; said Act hereby amended being known as the Traylor-Neill Bill; the map above set forth being designated in the Act of 1929 as the Traylor-Neill map, so as to add to said map or roads hereinafter described and known as Montgomery Street Extension in Chatham County, Georgia. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that that certain Act of the Georgia Legislature known as the Traylor-Neill Bill, together with the map attached thereto, as said bill appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268, together with map opposite page 268 of said Acts of 1929, be and the same is hereby amended by adding to and placing on said map, as fully and completely as though originally drawn on said map: That certain road leading from the interesection of Montgomery Street and Whatley Avenue on alternating State Route 25 in the City limits of Savannah and continuing as follows: Running South on Montgomery Street with a right of way of seventy-five (75) feet to the City Limits of Savannah, which is station 39/41.4 or thirty-nine hundred forty-one and four tenths feet (3941.4) and continuing from station 39/41.4, which is the City limits and running on South with a right of way of One Hundred and Sixty (160) feet to the Savannah Airport and the intersection of the proposed new road to the Ogeechee Road, station 130/03.8 (9,062.4 lineal feet). Then beginning at station 0/00, which is station 130/03.8, and running Southwest

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with a right of way of One Hundred and Fifty (150) feet to the intersection of the Ogeechee Road, State Route 25, intersecting the Ogeechee Road approximately Twelve Hundred (1200) feet north of the intersection of Gerard Avenue and the Ogeechee Road at station 102/02.9 or Ten Thousand Two Hundred Two and nine tenths (10,202.9) lineal feet. The total distance for the entire road is Twenty-three Thousand Two Hundred Six and Seven tenths (23,206.7) feet or 4.395 miles. Said road intersects State Route 25 and U. S. Route 17 at about what is known as the Four (4) Mile Post on said Road. Act of 1929 amended. Road specified. Section 2. Be it further enacted, that by the addition of said roads on said map and the placing of said roads on said map there arises no obligation either express or implied, that the State of Georgia or the Highway Department of Georgia shall be responsible for any maintenance on said road nor shall the addition of said roads on said map entitle the county or counties in which said roads are located to receive its pro rata part of the gasoline tax allocated to said county as to said roads hereby added on said map, unless and until said roads are formally designated as State Aid Roads by the State Highway Board of Georgia by appropriate action as now provided by law and a map, showing said roads thereon, be filed with the Secretary of State as now provided by law. Designation before obligation. Section 3. Be it further enacted by authority aforesaid, that the said State Highway Department is hereby authorized to amend the map showing the highway mileage, and State Aid System of Roads now in force in this State, so as to show on said map the aforesaid roads. Section 4. Be it further enacted by the authority aforesaid, that this Act shall be construed as permissive in its effect only, and not as mandatory. Act permissive.

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Section 5. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act, be, and the same are, hereby repealed. Approved March 24, 1941. COFFEE AND ATKINSON COUNTIES. No. 203. An Act to amend an Act approved August 20th, 1929 (Acts 1929, pp. 260 to 268 inclusive) designating the Highway Mileage by adding additional mileage in Coffee and Atkinson Counties, Georgia, from Atkinson to State Aid Road leading to Douglas, Georgia. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same: Section 1. That on and after the passage of this Act, the State Highway Mileage be and the same is hereby increased by adding the road beginning at Axson, Atkinson County, Georgia, on State Highway No. 50 and following public road to old Fales, Coffee County, Georgia, thence by Satilla Consolidated Public School, thence following public road to Bell Lake Road leading to Douglas, Coffee County, Georgia; the added mileage being approximately 15 miles. Road specified. Section 2. That the map showing Highway Mileage between pages 268 and 269 in said original Act be and the same is hereby amended so as to show said road from Axon to Bell Lake Road leading to Douglas, Georgia. Map amended. Section 3. That this Act shall not have the effect of certifying said proposed road into now State Aid System, until so certified by the State Highway Board of Georgia as provided by said Act of 1929.

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Section 4. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 24, 1941. COFFEE COUNTY ADDITION. No. 384. An Act to amend an Act approved August 20, 1929 (Acts of 1929, pp. 260 to 268 inclusive) designating the Highway Mileage by adding additional mileage in Coffee County, Georgia, from Lax, Georgia, to the Bacon County line. 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 State Highway Mileage be and the same is hereby increased by adding the road beginning at Lax, Coffee County, Georgia, and following road leading to Vickers Chapel School in Coffee County, Georgia, thence to Vickers Store, thence following public road to road leading to Hebron Church, thence to Saint Illa School and Church, thence following public road known as Baker Highway to State Highway Number 31 in Douglas, Coffee County, Georgia. Then beginning at a point on State Highway Number 135 where the New Forest road in Coffee County, Georgia, intersects with State Highway Number 135 and following said New Forest road to and by New Forest School, thence following Old Baxley Road by the old John Wilcox home place, thence following old Baxley Road to Bacon County, Georgia, line. The said additional mileage amounting to approximately 35 miles. Road specified. Section 2. That the map showing Highway Mileage between

Page 590

pages 268 and 269 in said Act be and the same is hereby amended so as to show said above described road. Map amended. Section 3. That this Act shall not have the effect of certifying said proposed road into now State Aid System, until so certified by the State Highway Board of Georgia as provided in said Act of 1929. Section 4. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 27, 1941. COWETA COUNTY ADDITION. No. 461. 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 Act, and map aforesaid being designated in said Act of 1929 as the Traylor-Neill map so as to add to said map a road leading from the intersection of State Road No. 35 with Welcome-Handy Road in Coweta County, Georgia, in a Southwesterly direction to the Heard County line, a distance of approximately eleven (11) miles; to provide that the addition of said road on said map shall not require payment of gasoline tax or maintenance by the State Highway Board of Georgia until said road is formally designated as a State Aid road by the State Highway Board of Georgia by approximate 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

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known as the Traylor-Neill Act, together with the map attached thereto, as said Act appears in the Acts of the General Assembly of Georgia of 1929, page 260 to 268, together with 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 leading from the intersection of State Road No. 34 with Welcome-Handy Road in Coweta County, Georgia, in a Southwesterly direction to the Heard County line, a distance of approximately eleven (11) miles; to provide that the addition of said road on said map shall not require payment of gasoline tax or maintenance by the State Highway Board of Georgia until said road is formally designated as a State Aid road by the State Highway Board of Georgia by approximate action; and for other purposes. 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 on the part of the State of Georgia and the Highway Department of said State for the maintenance of said road nor shall the addition of said road to said map entitle the Counties or County authorities in the Counties in which said road is located to receive a pro rata part of the 1c gasoline tax allocation to said Counties as to said road hereby added on said map unless and until said road is formally designated as a State Aid road by the State Highway Board of Georgia by appropriate action as now provided by law and a map, showing said road thereon, be filed with the Secretary of State as now provided by law. Designation before obligation. Section 3. Be it further enacted that it is the purpose of this Act to give the State Highway Department of Georgia the right and authority legally to designate the road described in Section 1 of this Act as a State Aid road which

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road when so designated shall have the status and shall be accorded such rights as State Aid roads heretofore adopted and designated. Section 4. Be it further enacted that all laws and parts of laws in conflict with this Act be and they are hereby repealed. Approved March 27, 1941. DODGE, LAURENS AND TELFAIR COUNTIES. No. 191. An Act to amend an act entitled Highway Mileage, as the same appears in the Acts of the Georgia Legislature of 1929, pages 260-268, 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 certain public road in the counties of Telfair, Dodge and Laurens, described as beginning on land lot No. 3 in the 10th Land District of Telfair County at the intersection of the Milan-Helena road with State Route No. 30, running thence across lots Nos. 29, 32, 59, 63 and thence directly into Helena crossing State Route No. 27 at the intersection thereof on lot No. 175, thence through the incorporate limits of Helena on Lot No. 186, and thence approximately due north crossing Lots 206, 207, 214, 213 and across Gum Swamp Creek into Wheeler County, thence through lots 135, 134 and 107 in Telfair County, thence in a general northeasterly direction to its point of intersection with State Route No. 31, being the McRae-Dublin Highway, said road herein described being known as the Milan-Helena via Long Bridge road to Dublin; to provide that the addition of said road on said map shall

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not require payment of gasoline tax or maintenance by the State Highway Department of Georgia until said road is formally designated as a State Aid road by the State Highway Board of Georgia by appropriate action; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That the certain Act of the Georgia Legislature known as the Traylor-Neill Bill together with the map attached thereto, as said bill appears in the Acts of the General Assembly of Georgia of 1929, pages 260-268, together with the map opposite page 268 of said Act of 1929, be and the same is hereby amended, by adding to and placing on said map as fully and completely as though originally drawn on said map, that certain road in the counties of Telfair, Dodge and Laurens, described as beginning on land lot No. 3 in the 10th Land District of Telfair County at the intersection of the Milan-Helena road with State Route No. 30, running thence across lots Nos. 29, 32, 59, 63 and thence directly into Helena crossing State Route No. 27 at the intersection thereof on Lot No. 175, thence through the incorporate limits of Helena on Lot No. 186, and thence approximately due north crossing lots 206, 207, 214, 213 and across Gum Swamp Creek into Wheeler County, thence through lots Nos. 135, 134 and 107 in Telfair County, thence in a general northeasterly direction to its point of intersection with State Route No. 31, being the McRae-Dublin Highway, said road herein described being known as the Milan-Helena via Long Bridge Road to Dublin. 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

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Georgia shall be responsible for any maintenance of said road, nor shall the addition of said road to said map entitle the county or county authorities in which said road is located to receive a pro rata part of the 1c gasoline tax allocated to said counties as to said road hereby added on said map, unless and until said road is formally designated as a State Aid road by the State Highway Board of Georgia by appropriate action as now provided by law and a map, showing said road thereon, be filed with the Secretary of State as now provided by law. Designation before obligation. Section 3. Be it further enacted that it is the purpose of this Act to give to the State Highway Department of Georgia the right and authority legally to designate the road described in Section 1 of this Act, being known as the Helena via Long Bridge Road to Dublin, 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. Be it further enacted that all laws and parts of laws in conflict with this Act be and they are hereby repealed. Approved March 17, 1941. FANNIN COUNTY ADDITION. No. 189. An Act to increase the mileage of the State-aid Road System by adding thereto a Highway beginning at McCaysville, Georgia on State Highway Route No. 5 in Fannin County, Georgia, and extending to Mineral Bluff in Fannin County, Georgia a distance of approximately ten miles. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of

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the same, that that certain Act of the Georgia Legislature known as the Traylor-Neill Bill, together with the map attached thereto, as said bill appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268, together with the map opposite page 268 of said Acts of 1929, be and the same is hereby amended by adding to and placing on said map as fully and completely as though originally drawn on said map that certain road beginning at McCaysville, Georgia on State Route No. 5 and running easterly a distance of approximately ten miles in Fannin County, Georgia to Mineral Bluff, Georgia, and connecting with State Route No. 86 at Mineral Bluff, Georgia. 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 arises no obligation, either express or implied, that the State of Georgia, or the Highway Department of Georgia shall be responsible for any maintenance on said road nor shall the addition of said road to said map entitle the county or counties in which said road is located to receive its pro rata part of the 1 cent gasoline tax allocated to said county as to said road hereby added on said map, unless and until said road is formally designated as State Aid Road by the State Highway Board of Georgia by appropriate action as now provided by law and a map, showing said road thereon, be filed with the Secretary of State as now provided by law. Designation before obligation. Section 3. Be it further enacted that it is the purpose of this Act to give the State Highway Department of Georgia the right and authority to legally designate said road, beginning at McCaysville on State Highway Route No. 5 and running easterly a distance of approximately ten miles to Mineral Bluff, Georgia and connecting with State Highway Route No. 86, at said Mineral Bluff, Georgia, and if and when said road is so designated by said State Highway Department of Georgia, said road shall not be considered a

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part of the five hundred additional miles allowed in addition to the mileage shown on said map, as provided in said Traylor-Neill Bill. Not to be part of additional mileage allowed. Section 4. Be it further enacted that, by the addition of said road on said map there arises no obligation on the part of the State, or the Highway Department, to maintain said road nor to allow the counties in which said road is situated to participate in that tax known as the gas tax unless and until said road, or any relocation thereof, is formally designated as a State-aid Road by the State Highway Department of Georgia and a map, showing said road thereon, be filed by the Highway Department, or its duly constituted agent, with the Secretary of State as now provided by law. Designation before obligation. Section 5. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 17, 1941. HIGHWAY DEPARTMENT OBLIGATIONSAUDITING AND APPROVAL OF CLAIMS. No. 114. An Act To provide for the auditing of obligations of and claims against the State Highway Department and the approval of such obligations and claims for payment by the Chairman of the State Highway Department, the Governor and the State Auditor; to authorize the Chairman to issue written acknowledgments of such claims and obligations; to validate the assignment of all such claims and to fix the respective rights of the State Highway Department, the Assignors, Assignees and other persons in such assigned claims; to authorize the State Highway Department to make payment of all such assigned claims directly to the Assignee, 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. The Chairman of the State Highway Department, the Governor and the State Auditor are authorized and empowered to audit all claims and obligations of the State Highway Department at any time existing or outstanding, other than Refunding Bonds, Refunding Notes and Highway Certificates, and to approve such claims and obligations for payment by said Department. Auditing of claims. Section 2. Whenever the Chairman of the Highway Department, the Governor and the State Auditor have audited and approved any claim or obligation of said Department as due and payable by said Department, said Chairman is authorized to issue in the name of the Highway Department a written acknowledgment that said claim or obligation is due and owing by said Department to the holder or owner of such claim or obligation, and a record of all such claims so acknowledged shall be kept by said Department. Acknowledgment of claim. Section 3. All such written acknowledgment issued by the Chairman in the name of the Highway Department, under the authority of this Act, shall be assignable in writing by the holder or owner thereof, as other choses in action arising upon contract, and the State Highway Department is authorized to accept notice of any and all assignments of such claims or obligations and to agree to pay said claims or obligations to the assignee thereof. Assignment of claims. Section 4. Any assignee who has given notice to the Highway Department of the assignment of such claim or obligation and has received from the State Highway Department an agreement to pay the same to such assignee, shall take such claim or obligation free of all equities, counter-claims, set-offs and recoupments against any creditor of said Highway Department or against any subsequent assignor of such claim or obligation and free from the claims

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of any prior assignee who has not given such notice; provided, however, any assignee holding an assignment made prior to the enactment of this Act shall have twenty (20) days from the approval of this Act within which to give such notice. Assignee takes free of equities, when. Present assignees. Section 5. The State Highway Department shall be authorized to pay any and all such assigned claims directly to the assignee alone, and the receipt of the assignee alone shall be a full discharge of all liability of said Department thereon. Assignee, payment to. Section 5 A. No acknowledgement, evidence of debt or chose in action issued by virtue of this Act shall bear any interest for the past or future. No interest. Section 6. The State Highway Board shall be authorized to designate one of its members or an employee, to whom the notice as provided for in this Act shall be given, and who shall have the authority to acknowledge receipt of notices and execute agreements to pay assignees, as herein provided. Notice. Approved February 26, 1941. HOUSTON AND PULASKI COUNTIES. No. 210. An Act to amend an Act entitled Highway Mileage as the same appears in the Acts of the Georgia Legislature of 1929, pages 260 to 268, and including the map opposite page 268 of said Acts of 1929, said Act hereby amended being known as the Traylor-Neill Bill, and map aforesaid being designated in said Act of 1929 as the Traylor-Neill map, so as to said map a new road described as follows: Beginning at a point on the east side of the Georgia Southern and Florida Railroad at Bonaire,

Page 599

Houston County, Georgia and from said point running in a southeasterly direction and in the most direct and convenient route, terminating at a point on the Public Highway from Perry, Georgia to Hawkins, about one and one-half (1 miles west of Hawkinsville, Georgia, known as Route 11, a distance of approximately twenty miles, with the right to engineer or engineers who may survey the same to shorten same at expedient or essential points and to lay out or re-locate same in all or part as his discretion may determine the wisdom of same; to provide that the addition of said roads on said map shall not require payment of gasoline tax or maintenance by the State Highway Department of Georgia until said roads are formally designated as State Aid Roads by the State Highway Board of Georgia by appropriate action; and for other purposes. 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 a new road described as follows: Act of 1929 amended. Beginning at a point on the east side of the Georgia, Southern and Florida Railroad at Bonaire, Houston County, Georgia and from said point running in a southeasterly direction and in the most direct and convenient route, terminating at a point on the Public Highway from Perry, Georgia to Hawkins, about one and one-half (1) miles west of Hawkinsville, Georgia, known as Route 11, a distance of approximately twenty miles, with the right to engineer

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or engineers who may survey the same to shorten same at expedient or essential points and to lay out or re-locate same in all or part as his descretion may determine the wisdom of the same. Road specified. Section 2. Be it further enacted, that by the addition of said roads on said map and the placing of said roads on said map there shall arise no obligation either express or implied that the State of Georgia and the Highway Department of Georgia shall be responsible for any maintenance of said roads nor shall the addition of said roads to said map entitle the counties or counties' authorities in which said roads are located or receive a pro rata part of the 1c gasoline tax allocated to said counties as to said roads hereby added on said map unless and until said roads are formally designated as State Aid Roads by the State Highway Board of Georgia by appropriate action as now provided by law and a map, showing said roads thereon, be filed with the Secretary of State as now provided by law. 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 roads described in Section 1 of this Act as State Aid Roads. Section 4. Be it further enacted that all laws and parts of laws in conflict with this Act be and they are hereby repealed. Approved March 24, 1941. JONES AND MONROE COUNTIES. No. 391. An Act to amend an Act approved August 20, 1929 (Acts 1929, pages 260-268 inclusive) designating highway mileage by adding thereto the road described as follows: Beginning

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at State Highway Number 11 at Round Oak, Georgia, in Jones County and running thence in a westerly direction to Juliette, Georgia and from Juliette, Georgia, in a southwesterly direction to Forsyth, in Monroe County, said road being twenty-one and eighty-two one-hundredth (21-82/100) miles in length. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act there shall be added to the State Highway mileage the following described road, to-wit: Beginning at State Highway Number 11 at Round Oak, Georgia, in Jones County and running thence in a westerly direction to Juliette, Georgia, and from Juliette, Georgia, in a southwesterly direction to Forsyth, Georgia, in Monroe County, said road being twenty-one and eighty-two one-hundredth (21-82/100) miles in length, there being eleven and thirty-two one hundredth (11-32/100) miles of said road in Jones County and ten and one-half (10) miles of said road in Monroe County. Road specified. Section 2. Be it further enacted by the authority of the aforesaid that the map of the state-aid highways between pages 268 and 269 of the Georgia Laws of 1929 be and the same is hereby amended so as to show on said map the road described in Section 1 of this Act. Map amended. Section 3. Be it further enacted by the authority aforesaid, that this Act shall not have the effect of certifying the road described in section 1 hereof into the State-Aid System of Georgia until so certified by the State Highway Board of Georgia as provided in said Act of 1929, known as the Neill-Traylor Act. Section 4. Said road shall be subject to all the terms and conditions of this Act, as to its being an absolutely permissive addition to said Highway System, at the direction of the State Highway Department of Georgia. Act permissive.

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Section 5. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 27, 1941. PIERCE AND WARE COUNTIES. No. 222. 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 Act, and map aforesaid being designated in said Act of 1929 as the Traylor-Neill map so as to add to said map a road leading from the City of Blackshear, in Pierce County, Georgia, in a westerly direction to junction with State Highway No. 4, being U. S. Highway No. 1, at a point at or near Dixie Union School, in Ware County, Georgia, the total mileage of said road being approximately 13.3 miles, including approximately 9 miles in Pierce County and 4.3 miles in Ware County, and from thence Bickley, Ware County, Georgia, the total mileage of said road being approximately 28.8 miles, nine miles of said road being in Pierce County Georgia and 19.8 miles being in Ware County Georgia; to provide that the addition of said road on said map shall not require payment of gasoline tax or maintenance by the State Highway Board of Georgia until said road is formally designated as a State Aid road by the State Highway Board of Georgia by approximate 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

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known as the Traylor-Neill Act, together with the map attached thereto, as said Act appears in the Acts of the Genral Assembly of Georgia of 1929, page 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 leading from the City of Blackshear, in Pierce County, Georgia, in a westerly direction to junction with State Highway No. 4, being U. S. Highway No. 1, at a point at or near Dixon Union School, in Ware County, Georgia; and from thence Bickley, Ware County, Georgia, the total mileage of said road being approximately 28.8 miles, nine miles of said road being in Pierce County Georgia and 19.8 miles being in Ware County Georgia; 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 on the part of the State of Georgia and the Highway Department of said State for the maintenance of said road nor shall the addition of said road to said map entitle the Counties or County authorities in the Counties in which said road is located to receive a pro rata part of the 1c gasoline tax allocated to said Counties as to said road hereby added on said map unless and until said road is formally designated as a State Aid road by the State Highway Board of Georgia by appropriate action as now provided by law and a map, showing said road thereon, be filed with the Secretary of State as now provided by law. Designation before obligation. Section 3. Be it further enacted that it is the purpose of this Act to give the State Highway Department of Georgia the right and authority legally to designate the road described in Section 1 of this Act as a State Aid road which

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road when so designated shall have the status and shall be accorded such rights as State Aid roads heretofore adopted and designated. Section 4. Be it further enacted that all laws and parts of laws in conflict with this Act be and they are hereby repealed. Approved March 24, 1941. QUITMAN COUNTY ADDITION. No. 215. An Act to amend an act entitled Highway Mileage known as the Neill-Traylor Act 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 certain roads in Quitman County; to repeal conflicting laws; and for other purposes. Be it and it is hereby enacted by the General Assembly of Georgia: Section 1. That the act of 1929 (Ga. Laws 1929, pp. 260, 268, relating to highway mileage and known as the Neill-Traylor Act be and the same is hereby amended by adding thereto and including on the map opposite page 268 of said Act the following described roads to-wit: Act of 1929 amended. The road leading from Morris Station, Georgia, out to Route No. 50 and intersecting said Route at what is known as the Leonard Sparks place; also the road leading from Hatchers, Georgia, out to Route No. 50 which intersects said Route at what is known as Crossroads in Quitman County. Road specified. Section 2. The said Highway Board is hereby authorized to place the said roads on the highway system and on

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the said Neill-Traylor map at its discretion, and there shall be no obligation upon the said Highway Board for the maintenance of said roads or for the payment of any gas taxes thereon until the said Highway Board so elects. Designation before obligation. Section 3. All laws or parts of laws in conflict with this act are hereby repealed. Approved March 24, 1941. TROUP COUNTY ADDITION. No. 261. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of General Assembly of 1929, pages 260 through 268 inclusive and including the map opposite page 268 of said Acts of 1929, said Act hereby amended being known as the Traylor-Neill Bill, and map aforesaid being designated in said Acts of 1929 at the Traylor-Neill Map, so as to add to said map a road beginning at LaGrange, Georgia on the LaGrange-Whitesville Road, leading South from LaGrange, and extend along said road until it intersects with State Highway No. 18 at or near the County line between Troup and Harris Counties, to provided that the addition of said road on said map shall not require payment of gasoline tax or maintenance by the State Highway Department of Georgia until said road is formerly designated as a State Aid Road by the State Highway Board of Georgia by appropriate action, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same: Section 1. That that certain Act of the General Assembly known as the Traylor-Neill Act, together with the map

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attached thereto, as said bill appears in Georgia Laws 1929, pages 260 through 268 inclusive, together with the map opposite page 268 of said Acts of 1929, be and the same is hereby amended by adding to and placing on said map as fully and completely as though originally drawn on said map that certain road beginning at La Grange, Georgia on the LaGrange-Whitesville Road, leading South from LaGrange, and extending along said road until it intersects with State Highway No. 18 at or near the County line between Troup and Harris Counties. Act of 1929 amended. Road specified. Section 2. Be it further enacted that by addition of said road on said map and the placing of said road on said map, there arises no obligation, either expressed or implied, that the State of Georgia, or the Highway Department of Georgia, shall be responsible for any maintenance on said road nor shall the addition of said road to said map entitle the county or counties in which said road is located to receive its pro rata part of the one cent gasoline tax allocated to said county as to said road hereby added on said map, unless and until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action as now provided by law. Designation before obligation. Section 3. Be it further enacted, that it is the purpose of this Act to give to the State Highway Department of Georgia the right and authority to legally designate said road as a State Aid Road at any time and whenever it may elect to do so. 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, 1941.

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TITLE IX. SUPERIOR COURTS. ACTS. Barrow Superior CourtFour Terms. Bibb Superior CourtSix Terms. Chatham Superior CourtTerms Changed. Early Superior CourtTerms Changed. Habersham Superior CourtFour Terms. Meriwether Superior CourtFour Terms. Rabun Superior, CourtAdditional Terms. Wheeler Superior CourtThree Terms. BARROW SUPERIOR COURTFOUR TERMS. No. 325. An Act to provide for holding four terms a year of the Superior Court of Barrow 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 Barrow in the Piedmont Judicial Circuit of the State. Four terms. Section 2. Be it further enacted that the terms of said court shall be held on the third and fourth Mondays in February, May, August and November of each year. February, May, August and November. Section 3. Be it further enacted that the Judge of said court shall only draw a Grand Jury for the February and

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August terms of said court; Provided, that the presiding Judge, in his discretion, may require the attendance of any February Term Grand Jury at the Following May Term, and likewise any August Term Grand Jury at the following November 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 May and November terms than they shall be by the presiding Judge especially charged with. Grand juries. 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 27, 1941. BIBB SUPERIOR COURTSIX TERMS. No. 69. An Act to amend an Act of the General Assembly of Georgia, approved August 21, 1905, and amended August 22, 1907, so as to change the terms of the Superior Court of Bibb County, Georgia, and to provide for the holding of six (6) terms of the Superior Court in each year: and for other purposes. Section 1. Be it enacted that the Act of the General Assembly of the State of Georgia, approved August 21, 1905, entitled An Act For Holding Four Terms a Year Of the Superior Court of Bibb County, And to Prescribe The Time for Holding The Same; And for other purposes, as said Act is amended by an Act of August 22, 1907, be and the same is hereby further amended by repealing Sections 1, 2 and 3 thereof as they have been amended, and inserting in lieu thereof three new sections, to read as follows: Act of 1905 amended.

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Section 1. Be it enacted that there shall be held in each year six (6) terms of the Superior Court in and for the County of Bibb, in the Macon Circuit. Six terms. Section 2. Be it further enacted that the terms of said Court shall be held on the first Monday in February, April, June, August, October and December in each year. February, April, June, August, October and December. Section 3. Be it further enacted that a Judge of the Superior Court of Bibb County 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 the grand jury at the February and June terms, or either of them, if the business of the Court should require it; but the grand jury, if required to attend at the February and June terms of said Court, shall not be required to perform any other service than those with which the presiding Judge may especially charge said grand jury. Grand juries. Section 2. Be it further enacted that this Act shall not take effect until the first Monday in June, 1941, that is to say, the first term of Court to be held under the provisions of this Act shall be the June term, 1941. All suits filed too late to be returnable to the April term, 1941, of said Court under existing law, shall be deemed returnable to the June term, 1941, of said Court, provided for by this Act. The April term, 1941, of said Bibb Superior Court shall be held under the provisions of the existing law but shall expire five days prior to the first Monday in June, 1941. Section 3. Be it further enacted that should the April term grand jury in any year not complete its work prior to the adjournment of the April term, the presiding Judge may hold it in session through the June term just as if the April term had not expired; and should an October term grand jury not complete its work, the presiding Judge may hold it in session through the December term just as if the October term had not expired. Grand jury holding over.

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Section 4. Be it further enacted that laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 24, 1941. CHATHAM SUPERIOR COURTTERM CHANGED. No. 229. An Act to provide the dates of holding four terms of the Superior Court of Chatham County, Georgia; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That from and after the passage of this Act the date of convening of the October term of the Superior Court of Chatham County, Georgia, shall be advanced from the last Monday in October to the second Monday in September of each year, so that hereafter the four terms of the Superior Court of Chatham County, Georgia, shall be convened on the following dates, to-wit: Convening. The first Monday in March, the first Monday in June, the second Monday in September and the first Monday in December of each year. March, June, September and December. 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, 1941.

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EARLY SUPERIOR COURTTERMS CHANGED. No. 404. An Act to change the time of holding the Superior Court of Early County from the first Mondays in April and October of each year to the Third Mondays in January and July of 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 and after May 1st 1941 after the passage of this Act, the Superior Court of Early County, Georgia, shall be held on the Third Mondays in January and July of each year instead of on the First Mondays in April and October of each year, and the first term of said court to be held under the provisions of this Act shall be held on the Third Monday in July, 1941, and the last term of said Court to be held under the law as it existed prior to the enactment of this Act shall be held on the First Monday in April 1941. Terms changed. 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 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 October, 1941, shall be held, deemed and considered as drawn and summoned to attend said Court on the Third Monday in July 1941, and shall be required to attend said Court according to the terms as herein fixed. Pending proceedings.

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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 27, 1941. HABERSHAM SUPERIOR COURTFOUR TERMS. No. 217. An Act to amend an Act entitled An Act to provide for holding four terms a year of the Superior Court of Habersham County; to prescribe the time for holding the same: to prescribe when and how Grand Juries shall be required to attend said Court, and for other purposes. Same being an Act of the General Assembly of Georgia, approved July 26, 1921. 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 words, fourth Monday found in the third and fourth lines of Section Two of said Act be, and the same are hereby, stricken from said Act, and the words third Monday be, and the same are hereby, added in lieu thereof, so as to make said Act when amended read as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That 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 Habersham, in the Northeastern Circuit. Four terms. Section 2. Be it further enacted, That the terms of said court shall begin on the first Mondays in March and June, the second Monday in August, and the third Monday in November in each year. March, June, August and November.

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Section 3. Be it further enacted, that the Judge shall draw Grand Juries for the March and August terms of said court, and may in his dicretion, either in term time or vacation, draw Grand Juries for the June and November terms of said court. Grand juries. 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, 1941. MERIWETHER SUPERIOR COURTFOUR TERMS. No. 67. An Act to repeal an Act entitled Meriwether Superior CourtTwo Terms approved March 24, 1939 (Georgia Laws 1939, page 439-440); 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. 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 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

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for other purposes; said Act appearing in the printed Acts of Georgia, 1939, page 439-440; be and the same is hereby repealed in its entirety. Act of 1939 repealed. Section 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by the same that from and after the passage of this Act there shall be held four regular terms in the Superior Court of Meriwether County, each term consisting of two weeks. Four terms. Section 3. Be it further enacted and it is hereby enacted by the authority aforesaid that the terms of said Court shall begin on the 3rd Mondays in each of the months of February, May, August and November of each year. February, May, August and November. Section 4. Be it further enacted, that the judge of said court shall draw a grand jury for the February and August terms of said court, and shall draw no grand jury for the May and November terms; provided, that the judge of said court in his discretion may, by an order passed in term time or vacation, require the attendance of the February grand jury at the May term, and may require the attendance of the August grand jury at the November term, to consider any matter or matters the said judge may see fit, in his discretion, to call to their attention. Grand juries. Section 5. Be it further enacted, that this Act shall take effect from and after its passage and approval. 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 24, 1941.

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RABUN SUPERIOR COURTADDITIONAL TERMS. No. 228. An Act to create two additional terms of the Superior Court of Rabun County, Georgia: to fix the jurisdiction and duties of the Court during the two additional terms; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. That from and after the passage of this Act there shall be two additional terms of the Superior Court of Rabun County, Georgia, as follows: Two additional terms. One term to begin on the second Monday in June of each year and continue in session for one week, or so long as the business of the Court may demand; and another term to begin on the first Monday in December of each year and continue in session for one week, or so long as the business requires. However, the Court shall have power and authority in its discretion to order the said terms of the Court to remain open and in session for as long a period of time as may be necessary, with authority to order special sessions thereof. June and December. Section 2. That any causes of action of which the Superior Courts of this State have jurisdiction can be filed returnable to said additional terms and all pleadings now allow, or as hereafter provided by law, shall be filed as are now required to be filed at regular terms of the Superior Courts of this State. Causes of action to be filed. Section 3. There shall not be any Jury trials at either of the said terms of Court herein provided for unless the Judge thereof shall by special order provide for same. The duties of the Court during the additional terms shall be to

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call the appearance docket, hear and determine all demurrers, questions raised on pleadings and render judgments or decrees, in all cases in which the Judges of the Superior Courts of this State are now allowed to render without a Jury. Non-jury terms. Section 4. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1941. WHEELER SUPERIOR COURTTHREE TERMS. No. 349. An Act to provide for the holding of three terms of the Superior Court of Wheeler County, Georgia, and for the times for holding the same; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, that from and after the approval of this Act: Section 1. There shall be held in each year three regular terms of the Superior Court of Wheeler County, Georgia. Three terms. Section 2. The times for holding said terms of court shall be the week beginning with the Second Monday in February, the week beginning with the Third Monday in June and the week beginning with the Second Monday in October, in each year. February, June and October. Section 3. Grand Juries shall be convened at each term, unless otherwise determined by the Judge of said Court, and the first term of said court to be held under this Act shall be the week beginning with the Third Monday in June, 1941. Grand juries. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1941.

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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. Chattooga County City Court Established. Clayton County City CourtAmendments. Colquitt County City CourtTerm of Judge and SolicitorReferendum. Darlen City CourtTerms. Dublin City CourtCollection and Disbursement of Funds. Eastman City CourtTerms. Greenville City Court Abolished. Griffin City CourtSolicitor's Term of Office. Habersham County City Court Established. Henry County City Court Established. Henry County Court Abolished. Henry County City CourtJudge and SolicitorElection. Lexington City CourtSheriff's Bond. Macon City CourtStenographer for Solicitor. Macon City CourtTerms. Miller County City CourtSalary of Solicitor. Pembroke City CourtJudge Designated. Sandersville City CourtSelection of Jury. Washington City Court EstablishedReferendum. Wrightsville City CourtJudge and Solicitor's Office. ATHENS CITY COURTELECTION OF JUDGE AND SOLICITOR. No. 376. An Act to amend an act of the Legislature of Georgia, and entitled An Act to establish a City Court in the County of Clarke, approved September 9, 1879, and to amend all the various Acts amendatory thereof, so as to provide when the Judge and Solicitor of said Court, being now the City Court of Athens, shall be elected, and for other

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purposes amendatory of said Act. 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 establishing the City Court of Athens in the County of Clark, approved September 9, 1879, and all the acts amendatory thereof, be further amended, and the same is hereby amended, by striking from Section 2 of said act the words Regular General Election at which the other officers of Clarke County are elected appearing in lines Nos. 10, 11 and 12 of said Section and by adding at the end of said Section immediately after the word the in line ten of said Section the following: same election at which the County Commissioners of Clarke County, Georgia, are elected, so that said Section 2 when amended shall read as follows: Act of 1879 amended. 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 same election at which the County Commissioners of Clarke County, Georgia, are elected. Election. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this act shall be and the same are hereby repealed. Repeal of conflicting laws. Approved March 27, 1941.

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CHATTOOGA COUNTY CITY COURT ESTABLISHED. No. 156. An Act to establish the City Court of Chattooga County, in and for the County of Chattooga, 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, to abolish the present grand jury City Court of Chattooga County; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the City Court of Chattooga County, to be located in the City of Summerville in the County of Chattooga, is hereby established and created with civil and criminal jurisdiction over the whole County of Chattooga, 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 Chattooga; 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, counter

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affidavits to any proceedings from said court, statutory awards, 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. That there shall be a judge of said City Court, who shall be elected by the qualified voters of said county of Chattooga, 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 Nine Hundred ($900.00) 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 Chattooga, 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, 1942. Election of judge. Appointment for unexpired term. Salary. Section 3. 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 Chattooga County for three years immediately preceding the appointment or election and must have practiced law three 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 and do equal right to the poor and rich, and that I will faithfully

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and impartially perform and discharge all duties which may be required of me as judge of the City Court of Chattooga County 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. Qualification. Oath. Section 4. That there shall be a solicitor of said City Court, and the solicitor shall be the person elected and serving as Solicitor of the Superior Court of Chattooga County, whose duty it shall be to prosecute for all offenses cognizable before said City Court. Said Solicitor shall be paid out of the funds arising from cost, fines and forfeitures of said court in the same manner as he is paid as Solicitor General of the Superior Court. The said Solicitor 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 he is paid as the Solicitor General of the Superior Court 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 the United States. Solicitor of superior court is solicitor of city court. Private practice by solicitor. Section 5. That the Honorable C. D. Rivers is hereby named and constituted Judge of said City Court of Chattooga County from the date of approval of this Act until his successor is elected and qualified. His successor shall be elected at the General Election held for the Governor and other Statehouse officers in November, 1942, said successor to take office January 1, 1943. Judge named. Section 6. That the clerk and his deputies of the Superior Court of Chattooga 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,

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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. Bond. Section 7. That the sheriff of Chattooga County shall be ex officio Sheriff of said City Court of Chattooga County. Before entering upon the discharge of the duties of his office, the 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. Sheriff, bond and deputies. Section 8. That all the duties and liability 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 Chattooga County, and to the office of Sheriff of the City Court of Chatooga County, respectively, and that the judge of said City Court of Chattooga County 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 Court over the clerks of the Superior Courts and sheriffs of the counties of Georgia. Duties and liabilities of officers. Section 9. That the Clerk and Sheriff of said City Court shall, unless otherwise specified in this Act, 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 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. Fees of clerk and sheriff. Section 10. That the judge of said City Court shall have power to issue writs of habeas corpus and to hear and dispose

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of the same in the same way, and with the same power as the judge of the Superior Court. Habeas corpus. Section 11. That said City Court of Chattooga County shall have quarterly terms, which shall be held on the First Monday in March, First Monday in June, First Monday in September, and First Monday in December, 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 court house in the City of Summerville, in said County of Chattooga, for which, when necessary, juries shall be 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, the same to be in addition to the jury trials held on said First 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 First 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, where held. Juries. Adjourned terms. Section 12. 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 Chattooga County or his deputies. Procedure and process. Section 13. 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

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specially provided by this Act, shall be applicable to said City Court. Service, pleading and practice. Section 14. 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 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. Power of judge without jury. Demand for jury. Criminal cases, attorneys. Section 15. 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 Chattooga County and to all and singular the sheriffs or their deputies of the State of Georgia. Judgment, lien. Exemption, execution. Section 16. 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. Section 17. That claims to real property levied on under execution of other process from said City Court, shall be

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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. Real property claims. Section 18. That said court shall have jurisdiction of all criminal cases of misdemeanor grade arising in Chattooga County under the Public Safety Act of 1937 and made by members of the Georgia State Patrol. Criminal jurisdiction. Section 19. 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 Chattooga County and to all and singular the sheriffs and constables of said State, and the judge of said City Court may, or any justice of the peace or notary public, who is an ex officio justice of the peace, 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 20. 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. Distress warrants. Section 21. 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 22. 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 interrogratories, depositions, or under subpoenas, witnesses and their attendance, continuance or other matters of a judicial nature

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within the jurisdiction of said City Court shall be applicable to said City Court. General laws applicable. Section 23. That the judge of said City Court shall have power to cause testimony to be taken and 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. Testimony. Attestations, Affidavits. Section 24. That said City Court of Chattooga County 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 25. 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. Section 26. Be it further enacted by the authority aforesaid,

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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. Powers of Judge. Section 27. That it shall be the duty of the clerk of said City Court of Chattooga County to prepare and file in his office a complete copy of the traverse jury list of the Superior Court of Chattooga County, as provided from time to time for such Superior Court. From said copy so made, traverse jurors in said City Court of Chattooga County shall be drawn in the following manner: The clerk of said City Court of Chattooga County 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, and as many more jurors may be drawn in the discretion of the Judge to provide for the efficient trial of cases. 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 Chattooga County. All exemptions from jury duty now in force in the County of Chattooga, shall apply and be of effect in the said City Court. Jurors, drawing traverse and tales. Section 28. That all laws in reference to the qualifications, relations, empaneling, 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 Chattooga County, except when inconsistent with the provisions of this Act. Jurors, qualification. Section 29. 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 jury of

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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 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 side 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 Chattooga Superior Court, same to be paid under the rules governing the payment of Superior Court jurors. Jurors, empanelling, summoning, strikes. Panels of eight. Jury of twelve. Consent of parties. Payment. Section 30. 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 Chattooga Superior Court. Balliffs. Section 31. That all cases in said City Court of Chattooga County shall be tried by the judge without a jury, except when a jury is demanded by the parties, such demand in civil 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

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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. Trial without jury, demand. Waiver. Felony. Section 32. That defendants in criminal cases in said City Court of Chattooga County 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 pleadings to be observed in bills of indictment in the Superior Courts. Accusations. Procedure Section 33. That the judge of the Superior Court shall send down from the Superior Court of Chattooga County to said City Court of Chattooga County 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 has been made and the bond of defendant forfeited. Transmission of presentments and Indictments. Section 34. That it shall be the duty of all justices of the peace and notary publics ex officio justices of the peace of Chattooga County to bind over to said Court of Chattooga County all persons charged with offenses committed within the limits of Chattooga County, over which said City Court has jurisdiction, there to answer for said offense. Commitment.

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Section 35. That a writ of error shall be from said City Court of Chattooga County 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. Direct appeal. Section 36. That in all cases in said City Court of Chattooga County, the same power and rights of parties as to waivers, pleadings and procedure or other matters pertaining to the same, shall be allowed and upheld by the laws and rules to parties in said Superior Court. Rights of parties. Section 37. That the Judge of said City Court of Chattooga County shall have power to grant a new trial in any case, civil or criminal, in his court upon the same terms and conditions and under the same laws and regulations in every respect governing the granting of new trials in the Superior Courts. All rules of pleadings, practice and procedure governing motions, rules nisi, and other proceedings in new trials in the Superior Courts, shall apply and govern the same in the City Court of Chattooga County. All motions for new trials must be made and filed with the clerk of the City Court of Chattooga County 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 trial. Rules. Section 38. That all suits against joint obligors, joint promissors, copartners or joint treapassers, in which any one or more resides in the county of Chattooga, 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. Joint defendants.

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Section 39. That all rules of the Superior Court relating to continuance, motions, pleas, and practice shall be applicable to said City Court of Chattooga County and shall obtain therein. Rules. Section 40. 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. Return and trial terms. Section 41. 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. Defensive pleadings, filling. Section 42. That whenever the judge of said City Court of Chattooga County 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 service of any judge of any Constitutional City Court of the State to preside in such disqualified cases should he deem advisable to do so. Judge pro hac vice. Section 43. That in case of the absence of the judge of said City Court of Chattooga County 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

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be given, the court shall stand open and as provided for in Section 12 of this Act. Absence of judge. Section 44. Be it further enacted by the authority aforesaid, that all fines and forfeitures arising from cases tried in said City Court of Chattooga County shall be paid out and distributed in the same manner as prescribed for the Solicitor General of the Superior Court as is set out in Title 27, Chapter 29, of the Code of Georgia of 1933. Fines, distribution. Section 45. 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 services in the Superior Court, and which shall be taxed and enforced as in the Superior Court. Stenographer. Section 46. That the Commissioners of Roads and Revenues of the County of Chattooga shall provide a suitable place in the courthouse in said City of Summerville for the holding of court, and provide the necessary books for keeping the dockets, minutes and records of said City Court of Chattooga County. Duty of county commissioners. Section 47. Be it further enacted by the authority aforesaid, that the present grand jury Court of Chattooga County be and the same is hereby abolished, and all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repeal of conflicting laws. Approved March 10, 1941. CLAYTON COUNTY CITY COURTAMENDMENTS. No. 55. An Act to amend an Act entitled an Act to establish the City Court of Jonesboro in and for the County of Clayton; to define its jurisdiction and powers; to provide for

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the election of a judge, solicitor, and other officers; (to define the powers and duties of the judge, solicitor, and other officers thereof, and to fix their compensation; to provide for a new trial and writs of error therefrom and to provide for the transfer of certain cases to the said City Court of Jonesboro from the Superior Court of Clayton County; to provide for the terms of said Court; to provide for the disposition of the funds of said Court; to provide for changing the name of said Court from City Court of Jonesboro to City Court of Clayton 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 all of Section 2 on page 407 and 408, of the Acts of 1927, Georgia Laws of 1927, be and the same is hereby stricken and the following section substituted in lieu thereof, so that Section 2 shall read as follows: Section 2Be it further enacted by the authority aforesaid, that there shall be a Judge of said City Court of Jonesboro, who shall be elected by the qualified voters of Clayton County at an election to be held at the time and place when other county officers of said county are elected and that said term of office shall begin on January 1, 1945 and expire on December 31, 1949. That the present Judge of said City Court shall hold office until his successor has been elected and qualified as hereinbefore provided, and said election shall be held every 4 years thereafter. All vacancies in the office of Judge shall be filled by an appointment by the Governor, and shall be for the unexpired term. Amendment, laws of 1927. Judge, election. Term of judge. Section 2. Be it further enacted by the authority aforesaid, that Section 5 of said Act is hereby stricken and the following section substituted in lieu thereof, so that Section 5 shall read as follows: Section 5Be it further enacted by the authority aforesaid, that there shall be a solicitor of said City Court, who shall be elected by the qualified voters of Clayton County, at an election to be held at a

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time and place when other county officers are elected and that said term of office shall begin January 1, 1945 and expire on December 31, 1949. That the present Solicitor of the City Court shall hold office until his successor has been elected and qualified as hereinbefore provided, and said election shall be held every four years thereafter. All vacancies in the office of Solicitor shall be filled by an appointment by the Governor, and shall be for the unexpired term. Sec. 5 amended. Solicitor. Term of solicitor. Section 3. Be it further enacted by the authority aforesaid, that Section 3, of said Act is hereby stricken and the following section substituted in lieu thereof: Section 3Be it further enacted by the authority aforesaid, that the Judge of the City Court of Jonesboro shall receive a salary of Twelve Hundred Dollars ($1200.00) per annum, and shall be paid monthly out of the treasury of Clayton County by the officer of said County authorized to pay out the funds of said County. The Judge of said Court shall as such receive no other compensation, but may practice law in any Court except the City Court of Jonesboro, and may hold any office or offices except those he is expressly prohibited by law from holding. Sec. 3 amended. Salary. Judge, private practice. Section 4. Be it further enacted by the authority aforesaid, that Section 6 of said Act is stricken and the following section substituted in lieu thereof: Section 6Be it further enacted by the authority aforesaid that the salary of the Solicitor of said Court shall be One Thousand Dollars ($1000.00) per annum, and shall be paid monthly out of the treasury of Clayton County, by the officer of said County authorized to pay out the funds of said County. Said Solicitor shall receive for representing the State in the appellate courts of this State, the same compensation now paid by the State to Solicitors-General of the Superior Courts for like services, said fee to be paid by the State in the same manner that the same are now paid Solicitors-General. The Solicitor of the City Court shall, as such receive

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no other compensation, but may practice law in any Court or Courts, and may hold any office or offices, except those which he is expressly prohibited by law from holding. Sec. 6 amended. Salary. Appellate court fees. Solicitor, private practice. Section 5. Be it further enacted by the authority aforesaid, that Section 12 of said Act be and the same is hereby amended by striking from the third, fourth, fifth and sixth lines the following words: The first Court shall be held on the second Monday in January 1928, and quarterly thereafter on the second monday in January, April, July, and October of each year thereafter, and by substituting in lieu thereof the following words: The said Court shall be held monthly on the second Monday in each month, so that said section shall read when amended as follows: Section 12Be it further enacted by the authority aforesaid, that the terms of the City Court of Jonesboro shall be as follows: The said Court shall be held monthly on the second Monday in each month. The Judge of said Court shall have power to hold said Court in session so long as in his judgment the same shall be necessary at each regular and adjourned term and he shall also have power to order and hold adjourned terms of said Court when in his judgment it is necessary, and to adjourn his regular term to such time as he shall deem best, and he shall have the same power as to holding adjourned and special terms of his Court as Judges of the Superior Court have. Sec. 12 amended. Terms. Section 6. Be it further enacted by the authority aforesaid, that Section 26 of said Act be amended and the same is hereby amended by striking from line 22 of said Section the following words, October and April and substituting in lieu thereof the following words, March, June, September and December and by striking the remainder of said Section beginning with line 42 and by adding to said section the following sentences: Provided, the Judge of said Court may in his discretion dispense with drawing a jury at any particular term, and all cases wherein a demand for a jury trial has been entered and no jury is available at that

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particular time such cases shall stand ready for trial at the next term of said Court for which a jury has been drawn. Provided further, that said Judge in his discretion may draw more than 18 names of persons to serve as jurors. So that said section when amended shall read as follows: Section 26Be it further enacted, by the authority aforesaid, that the clerk of said city court shall prepare and keep on file in his office a complete list of all persons within the territorial jurisdiction of said city court who are competent and liable to serve as petit jurors in the Superior Court of Clayton County, and it shall be the duty of said clerk to make out tickets of equal number to the number of names in said list. He shall write upon each ticket the name of one of said persons, and deposit same in a box to be provided and numbered one (1) until there shall be a ticket bearing the name of each person on said list. Said jury-box or list of names in said jury-box shall be revised by the clerk every time the jury-list of the county is revised by the jury commissioners of Clayton County. Said box shall be known as the city-court jury-box and shall be so constructed that it shall have two compartments and kept under lock and key, and shall not be opened by any one except the judge of said city court or some judge acting in his stead for the purpose of drawing juries, or for revising as herein provided for. The compartments of said jury-box shall be numbered one and two, and when compartment number one is exhausted by the drawing of juries the tickets, and names in number two shall be placed back in number one and the same process shall be gone over again as box number one is exhausted. The clerk shall keep a jury-box and the sheriff shall keep the key to same. At each March, June, September and December term of said city court the presiding judge shall in open court draw from jury-box eighteen (18) names of persons to serve as jurors at the next term of said court, and shall cause the clerk of said court to record the names of the jurors so drawn. And the clerk of said court shall prepare a summons for each juror

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and deliver the same to the sheriff of said city court or his deputies at least fifteen (15) days before the next term of said court, which sheriff or his deputies shall serve jurors at least ten (10) days before the term of court the jurors are required to attend. Should it be necessary to draw a jury in vacation time, the judge of said court may at any time fifteen (15) days before the next term of said court, in the presence of the clerk and sheriff of said, proceed to draw a jury in the manner above described. Provided, the judge of said court may in his discretion dispense with drawing a jury at any particular term, and all cases wherein a demand for a jury trial has been entered and no jury is available at that particular time such cases shall stand ready for trial at the next term of said court for which a jury has been drawn. Provided further, that said Judge in his discretion may draw more than 18 names of persons to serve as jurors. Sec. 26 amended. Drawing jury. Jury list. Jury box. Summons. Drawing in vacation. Continuance. Section 7. Be it further enacted by the authority aforesaid, that said Act be amended and the same is hereby amended by adding a section to be known as Section 31, as follows: Section 31Be it further enacted by the authority aforesaid, that the judge of the superior court may in his discretion send down from the superior court of Clayton County to said city court, for trial and final disposition, all presentments and indictments for misdemeanors which may be undisposed of at the close of each term of the superior court, and the order transmitting such cases be entered on the minutes of both of said courts. Trial of misdemeanors. Section 8. Be it further enacted by the authority aforesaid, that Section 45 of said Act be amended and the same is hereby amended by adding the following clause at the end of said section: Provided that at any time said fund shall be in excess of One Thousand Dollars ($1000.00) the same may be by order of the county authorities placed in the general treasury and reapportioned among the different funds, so that said section when amended shall read as follows: Fund.

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Section 45Be it further enacted by the authority aforesaid, that on the first day of January of each year the money in the hands of the treasurer in the city-court fund shall be placed in the general treasury and reapportioned among the different funds, the city-court fund to receive no part of said money in said reapportionment, provided that at any time said fund shall be in excess of One Thousand Dollars ($1000.00) the same may be by order of the county authorities placed in the general treasury and reapportioned among the different funds. Disposition of fund. Section 9. Be it further enacted by the authority aforesaid, that said Act be amended and the same is hereby amended by adding a new section to said Act to be designated as Section 46A. Section 46ABe it further enacted that the name of said court shall be changed from the City Court of Jonesboro to the City Court of Clayton County and whenever the name City Court of Jonesboro appears in said Act or amendatory Acts thereof the same is hereby changed to the City Court of Clayton County. [Illegible Text] changed Section 10. Be it further enacted by the authority aforesaid, that should any provision of this Act be held illegal or unconstitutional the same shall not vitiate the remaining provisions of said Act, but all such provisions not held illegal or unconstitutional shall remain in full force and effect. Constitutionality. Section 11. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Repeal of conflicting laws. Approved February 18, 1941.

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COLQUIT COUNTY CITY COURTTERM OF JUDGE AND SOLICITORREFERENDUM. No. 359. An Act to amend the Act creating the City Court of Colquitt County, approved August 7, 1931, and to amend the Act amending said Act, approved March 24, 1939, by prescribing the term of office for the Judge and Solicitor of said Court, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that the Act approved August 7, 1931, Georgia Laws 1931, page 293 et. seq., creating the City Court of Colquitt County, Georgia, as amended by the Act, approved March 24, 1939, Georgia Laws 1939, page 455, et. seq., be and the same is hereby amended by striking Section 10 of said Act as amended and substituting in lieu thereof the following: Act of 1931 amended. Section 10. Be it further enacted by the authority aforesaid that there shall be a Judge of said City Court, who shall hold office for a term of four years, and until his successor shall qualify. Except in the case of a vacancy, the Judge of said City Court shall hold office by virtue of an election by the qualified voters of Colquitt County. Any vacancy in said office shall be filled by appointment by the Governor by and with the advice and consent of the Senate for the unexpired term. The next election of said Judge shall be held at the same time and along with the election for county officers to be held in 1944 and thereafter the election of said judge shall be held at the same time and along with the election for county officers held every four years. The present judge of said court shall hold office until January 1, 1945 and until his successor is elected and qualified. The governing authorities of Colquitt County shall fix the salary of the judge of said court not to exceed

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$2400.00 per annum, and at a figure not less than $2100.00 per annum, which shall be paid monthly by the treasurer or other persons who are now or may hereafter be charged by law with the paying out of the money of the County of Colquitt; and it shall be the duty of the Commissioners of Roads and Revenues of said County, or other proper officer, to make provision annually in levying taxes for this purpose. The said judge shall receive no other compensation, but shall not be disqualified to practice law in courts other than his own. Judge. Election, appointment. Judge named Salary, taxes. Section 2. Be it further enacted that said Act creating the City Court of Colquitt County, Georgia as amended, be and the same is hereby amended by striking Section 14 of said Act as amended, and substituting in lieu thereof the following: Sec. 14 amended. Section 14. Be it further enacted by the authority aforesaid that there shall be a Solicitor of said City Court who shall be elected in the same manner at the same time and for the same term as is provided for the election of the judge of said court. The present solicitor shall hold office until the first day of January, 1945, and until his successor is elected and qualified. Any vacancy in said office shall be filled by appointment by the Governor by and with the consent and advice of the Senate for the unexpired term. It shall be the duty of said solicitor to prosecute for all offenses cognizable before said court The said solicitor shall receive the same fees for each written accusation as are allowed for each indictment in the superior court, and his fees for all other services rendered shall be the same as those of the solicitor-general in the superior court; but all such fees shall be paid into the county treasury by said solicitor as collected, and in lieu thereof he shall be paid a salary by the governing authorities of said county not to exceed $1800.00 per annum, and not less than $1200.00 per annum, which shall be paid monthly by the treasurer or

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other persons who are now or may hereafter be charged by law with the paying out of the money of the County of Colquitt; and it shall be the duty of the Commissioners of Roads and Revenues of said County, or other proper officer, to make provision annually in levying taxes for this purpose. The said solicitor shall receive no other fees or compensation for his services except that he shall for his services in the Supreme Court and Court of Appeals be paid out of the treasury of the State in the same manner as the solicitor-general of the superior court is paid for like services rendered in the Supreme Court and Court of Appeals. Solicitor, election. Solicitor named. Appointment. Fees, salary. Appellate court fees. Section 3. Be it further enacted by the authority aforesaid that before this Act shall go into effect the same shall be ratified by the voters of Colquitt County at the general election to be held in June, 1941. If this Act is ratified by a majority of those voting at said election in Colquitt County this Act shall thereupon immediately go into effect. The ballot to be furnished to the voters in said election shall have printed thereon, For the Election of Officers of City Court of Colquitt County at the Same Time and for the Same Term as Other County Officers, and Against the Election of Officers of City Court of Colquitt County at the Same Time and for the Same Term as Other County Officers. If a majority of those voting at said election in Colquitt County vote For the Election of Officers of City Court of Colquitt County at the Same Time and for the Same Term as Other County Officers, this Act shall thereupon become effective. The result of said election shall be declared by the Ordinary. Referendum. Ballot. Section 4. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict with this Act be the same are hereby repealed. Repeal of conflicting laws. Approved March 27, 1941.

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DARIEN CITY COURTTERMS. No. 465. An Act To Amend an Act to establish the City Court of Darien, in and for the County of McIntosh, to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof; to define their powers and duties and for other purposes, (passed Aug. 6, 1929), by amending section Nine (9) thereof providing for monthly terms of said court in addition to the jury terms therein provided for; 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 section nine of an act adopted August 6, 1929, establishing the City Court of Darien in and for the County of McIntosh, be and the same is hereby amended by striking from said section the following language, to-wit: Said judge shall hold court on the first Mondays in the month of February, April, June, August, October and December for the purpose of disposing of cases where a jury is not demanded. and inserting in lieu thereof the following language, to-wit; Act of 1929 amended. Non-jury terms of said court shall be held on the first Monday in the months of February, April, June, August, October and December in each year, to which suits may be made returnable as well as to said jury terms and at which terms the judge of said Court may dispose of all cases where a jury is not demanded, so that said section when so amended shall read as follows: Non-jury terms. Section 9. Be it further enacted that the terms of said City Court of Darien shall be held on the first Monday in January, March, May, July, September and November of each year. The first term shall be held on the first Monday of any of the above named months immediately after this act becomes effective. The Judge of said Court shall have

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power to hold said court in session and adjourn from time to time; provided that said Court shall finally be adjourned at least five days before the next succeeding term. Non-jury terms of said Court shall be held on the first Monday in the months of February, April, June, August, October and December in each year, to which suits may be made returnable as well as to said jury terms and at which terms the judge of said Court may dispose of all cases where a jury is not demanded. Terms. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same is hereby repealed. Repeal of conflicting laws. Approved March 27, 1941. DUBLIN CITY COURTCOLLECTION AND DISBURSEMENTS OF FUNDS. No. 165. An Act Governing the collection of costs, fines and forfeitures in the City Court of Dublin; the disbursement of the same; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. On and after the passage of this Act any and all monies collected by or through the City Court of Dublin as costs, fines and forfeitues shall be collected by the Clerk of said Court and disbursed only upon written order of the Judge of the City Cout of Dublin. In event any costs, fines or forfeitures be collected by the sheriff, the same shall be paid over promptly by him to the Clerk of said Court which said Clerk shall receipt the sheriff therefor. The Judge of the City Court of Dublin shall order disbursement of said funds as often as he deems proper but in no event shall disbursement of said funds be ordered less than once each ninety days. In event the total amount of costs, fines and

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forfeitures collected in any three months period is insufficient to pay all the costs due to the Clerk, the sheriff and the solicitor, then the payments to the Clerk, sheriff and solicitor shall be prorated equitably as the total amount collected bears to the total amount due to the said several officers; provided, however, the amount authorized by law and due to the solicitor of the said City Court of Dublin shall be paid into the Treasury of Laurens County, the solicitor of the said Court being paid on a salary basis instead of the fee basis. Costs and fines, disbursement. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 12, 1941. EASTMAN CITY COURTTERMS. No. 415. An Act To amend an Act approved August 15, 1922, Georgia Laws 1922, pages 253 and 254, which amends an Act to establish the City Court of Eastman in the County of Dodge, to define its jurisdiction and powers to provide for the election, qualifications, duties, powers, compensation etc., of the officers thereof, and for other purposes, Acts 1912, pages 199-215, by changing the times of holding said court from the fourth Mondays in January, April, July and October in each year to the second Monday in January, April, July and October in each year, and for other purposes: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted that the word fourth appearing in the third line of Section 11, as shown in the Act amending the Act establishing the City Court of Eastman approved August 15, 1922, Georgia Laws 1922, page 254, be and the same is hereby stricken, and the word

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second inserted in lieu thereof so that said section when so amended will read as follows: Act of 1922 Amended. Section 11. Be it further enacted by the authority aforesaid that the regular terms of said City Court of Eastman, shall be held quarterly on the second Mondays in January, April, July and October of each year. The Judge of said Court shall have power to hold said court in session so long as in his judgment the same shall be necessary at each regular and adjourned terms, and he shall also have power to order and hold adjourned terms of said court, when in his judgment it is necessary and to adjourn his regular terms to such times as he shall deem best. Said Judge shall in his discretion have power and authority to hold special terms of said court for the trial of criminal cases when trial by jury is demanded, and he shall have power to draw juries for such special terms in the same manner as juries are drawn at regular terms and he shall have the same power as to holding adjourned and special terms of his court as Judges of the Superior Court have. Terms. Section 2. Be it further enacted by the authority aforesaid that this Act shall not become effective until June 1, 1941. Effective date. Section 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be, and they are hereby repealed. Approved March 27, 1941. GREENVILLE CITY COURT ABOLISHED. No. 64. An act to repeal an Act establishing the City Court of Greenville, approved March 24, 1939, (Georgia Laws 1939, pages 469-484) entitled An Act to establish the City Court of Greenville, in and for the County of Meriwether,

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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 judgment at the appearance term, and for other purposes; to provide for the disposition of business now in said court; to provide the effective date of this Act; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, that the Act establishing the City Court of Greenville, in and for the County of Meriwether, approved March 24, 1939 (Georgia Laws 1939, pages 469-484) entitled An Act to establish the City Court of Greenville, in and for the County of Meriwether, to define its jurisdiction and powers, to provide for the 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 judgment at the appearance term, and for other purposes; be and the same is hereby repealed, and the said City Court of Greenville is hereby abolished. Abolishment. Section 2. Be it further enacted, that all business, both civil and criminal, pending in said City Court of Greenville at the time this Act goes into effect shall be and the same is hereby transferred, for trial and disposition, to the

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Superior Court of Meriwether County. The clerk of said City Court of Greenville and all officers of such court are hereby directed and required to turn over to the clerk of the Superior Court of Meriwether County, Georgia, all papers in all cases, both civil and criminal, pending in said court at the time this Act takes effect; the dockets, minutes, books, and other records, original papers, and all other documents and papers of said city court or pertaining thereto including remittiturs from the Supreme Court and the Court of Appeals, shall be by the clerk and sheriff of said city court deposited with the clerk of the Superior Court of Meriwether County, and to be kept as a part of the records of said Superior Court. Any case now pending in the Court of Appeals or Supreme Court from said City Court of Greenville at the time this Act goes into effect, the remittiturs from said Supreme Court or Court of Appeals shall, upon the termination of said case in such appellate court, be transmitted to the clerk of the Superior Court of Meriwether County. Pending cases. Section 3. Be it further enacted, that any and all cost which have accrued to the County of Meriwether and which would be due under exsting laws to be paid into the treasury of Meriwether County, in any case pending in the said City Court of Greenville at the time this Act goes into effect and transferred to the Superior Court of Meriwether County, shall be paid into the treasury of Meriwether County as now required by law. Accrued cost. Section 4. Be it further enacted, that this Act shall take effect and become operative from and after the passage and approval of the same. Effective date. Section 5. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 24, 1941.

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GRIFFIN CITY COURTSOLICITOR'S TERM OF OFFICE. No. 97. An Act To amend an Act entitled An Act to establish the City Court of Griffin, In Spalding County, Ga., approved December 14, 1897, and the Acts amendatory thereof approved December 17, 1900, and August 22nd, 1907, and August 1921 as follows: By changing the term of office of the Solicitor of said court from two to four years. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That Section 5 of an Act to establish the City Court of Griffin, in Spalding County, Ga. approved December 14, 1897, and the Acts amendatory thereof approved December 17, 1900, and August 22, 1907, and August 1921, be and the same is hereby amended by striking the words two years in the first sentence of said section and substituting in lieu thereof the words four years, so that said first sentence of said section five shall read as follows: Section 5. Be it further enacted by the authority aforesaid, That there shall be a Solicitor of the City Court of Griffin, to be elected by the qualified voters of the County of Spalding whose term of office shall be four years and all vacancies in said office shall be by appointment of the Governor of Georgia for the residue of the unexpired term. Term changed to four years. Section 2. The terms of this act shall not be effective until December 31, 1942. Effective date. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 26, 1941.

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HABERSHAM COUNTY CITY COURT ESTABLISHED. No. 38. An Act To create and establish the City Court of Habersham County in and for the County of Habersham; to provide the place and times of holding said court; to define its jurisdiction, powers, procedure and practice; to provide for a judge, solicitor, and other officers of said court, define their qualifications, powers and duties, and provide for their compensation; to provide for pleading and practice therein, writs or errors therefrom; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same. That the City Court of Habersham County is hereby created and established, to be located in the City of Clarkesville, which is the county site of Habersham County, which court shall have civil and criminal jurisdictions over and throughout the entire county of Habersham, concurrent with the Superior Court, to try and dispose of civil cases of whatever nature, except those which the Constitution of this State has given the Superior Courts exclusive jurisdiction; and to try and dispose of all offenses below the grade of felonies committed in the County of Habersham; and the jurisdiction herein conferred shall include, in addition to ordinary suits by petition and process, attachment and garnishment proceedings, habeas-corpus proceedings, illegalities, statutory awards, counter affidavits to any proceeding from said court, proceedings against intruders and tenants holding over, proceedings for partition of personalty, distress warrants, possessory warrants, and foreclosure of all liens, mortgages, and bills of sale to secure debt. Creation. Jurisdiction. Section 2. Be it further enacted by the authority aforesaid, That all judgments obtained in said court shall be a

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lien on all property of the defendant or defendants throughout the State, in the same manner as judgments of the Superior Courts are, and all executions issuing from said city court shall be tested in the name of the judge and signed by the clerk and directed to the sheriff or his deputies of the said City Court of Habersham County, and to all and singular the sheriffs or their deputies of the State of Georgia. Judgment liens. Section 3. Be it further enacted by the authority aforesaid, That said court shall have jurisdiction of all claim cases where personal property is levied on under execution or other process from said court, and such claims shall be tried in the same manner as claims in the Superior Courts; but that claims to real estate levied on under execution or other process from said city court shall be returnable to the Superior Court of the county where such real property is situated, and shall there proceed as other claims in the Superior Court. Claims. Section 4. Be it further enacted by the authority aforesaid, That the terms of said city court shall be monthly and quarterly, the monthly terms for the trial and disposition of both criminal and civil business in which trial by jury is not demanded, and the quarterly terms for the trial and disposition of both civil and criminal business requiring trial by jury. The said quarterly terms shall be held as follows: Beginning on the third Monday in April next after the passage of this Act, and thereafter quarterly on the third Monday in July, October, and January of each year. The said monthly terms shall be held as follows: On the third Mondays in May, June, August, September, November, December, February, and March of each year; Provided, that the judge of said city court may dispense with the holding of any one or more of said monthly terms, when, in his opinion, the business before the court does not justify holding the same; and Providing, further, that said court shall at all times be open for the purpose of receiving pleas of

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guilty in criminal cases and passing sentence thereon. All terms of said court shall be held at the court house in the City of Clarkesville, in the said County of Habersham, and shall last until the business is disposed of, unless sooner adjourned for good cause. The judge of said court may hold adjourned terms of the regular monthly and quarterly terms of said city court; and the judge may also, in his discretion, set cases for trial at convenient times, and the same may then be tried as of the term, whether court has been held from day to day until said time or not. Terms. Where held. Section 5. Be it further enacted by the authority aforesaid, That suits in said city court shall in all respects be conformable to the mode of proceedings in the Superior Court, except as hereinafter provided; but the process to writs shall be annexed by the clerk of said city court, be tested in the name of the judge thereof, and be directed to and served by the sheriff of the City Court of Habersham County, or his deputies thereof. Procedure. Section 6. Be it further enacted by the authority aforesaid, That in all matters pertaining to service, pleadings and practice, the laws governing the Superior Courts, where not inconsistent with this Act and unless otherwise specially provided by this Act, shall be applicable to said city court. Superior court rules applicable. Section 7. Be it further enacted by the authority aforesaid, That said City Court of Habersham County shall be a court of record, shall have a seal, and the minutes, records, orders, and books and files that are required by law and rules to be kept for the Superior Courts shall be kept in and for said city court and in the same manner; and all laws applicable to the powers and duties of the clerk and sheriff in said Superior Courts shall apply to them in said city court, except where they conflict with the provisions of this Act. Court of record. Section 8. Be it further enacted by the authority aforesaid, That all laws for the regulating and enforcing of

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judgments of the Superior Courts, whether civil or criminal, shall apply to said city court, and executions shall issue and be levied and sales be had there under the same rules and laws regulating the same in Superior Court. Judgments, how enforced. Section 9. Be it further enacted by the authority aforesaid, that the judge of said city court is authorized to appoint, at each term of said court, such number of bailiffs as he may deem necessary; and the judge of said court shall have the same power to preserve order, to enforce his orders and judgments, and to punish for contempt as is vested by law in the judges of the Superior Courts of this State. Bailiffs. Section 10. Be it further enacted by the authority aforesaid, That there shall be a judge of said city court, who shall be appointed and commissioned by the Governor, by and with the consent and advice of the Senate, who shall hold his office until December 31, 1944, and until his successor shall qualify, and thereafter, except in the case of a vacancy, the judge of said city court shall hold his office by virtue of an election by the qualified voters of Habersham County, and shall hold his office for a term of four years, beginning on the first day of January, 1945, at the regular election of county officers of Habersham County, in the year 1944 there shall be elected by the qualified voters of said County of Habersham a judge of said city court who shall be commissioned by the Governor and shall hold his office for a term of four years from January 1, 1945, and at each of the regular elections held for the election of county officers, every four years thereafter, a judge of said court shall be elected. Any vacancy in said office shall be filled by appointment by the Governor for the unexpired term. The judge of said city court shall receive a salary of eighteen hundred dollars per annum which shall be paid monthly by the Ordinary or other person or persons, who are now or may hereafter be charged by law with the paying out of the money of the County of Habersham, and shall be

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furnished an office in the court house as other county officers; and it shall be the duty of the Ordinary of said county or other proper officer, to make provision annually in levying taxes for this purpose. The said judge shall receive no other compensation but shall not be disqualified to practice law in courts other than his own. Judge, appointment. Election. Vacancy, filling. Salary. Section 11. Be it further enacted by the authority aforesaid, That no person shall be eligible for the office of said judge unless he shall have been admitted to the practice of law four years, be twenty-five years of age, and he shall before entering upon the duties of his office, take and subscribe the following oath: I solemnly swear that I will administer justice without respect to persons, and do equal right to the rich and poor, and that I will faithfully and impartially perform and discharge all the duties which may be required of me as judge of the City Court of Habersham County, according to the best of my ability and understanding, agreeably to the laws and Constitution of this State and the Constitution of the United States, so help me God, which oath shall be filed in the executive department. Qualification. Oath. Section 12. Be it further enacted by the authority aforesaid, That when-ever the judge of said city court is from any cause disqualified from presiding and the judge of the Superior Court cannot from any cause preside in said court, as is provided for in the Constitution, then upon the consent of the parties, or upon their failure or refusal to agree, said cause be tried by a judge pro hac vice selected in the same manner as now provided for in the Superior Courts. Pro hac vice. Section 13. Be it further enacted by the authority aforesaid, That in case of the absence of the judge of said city court at any term thereof, the sheriff or clerk of said court may adjourn it to such time as the judge may in writing direct, or, if no direction be given the court shall be adjourned to the next regular term. Judge, absence of. Section 14. Be it further enacted by the authority aforesaid,

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said, That there shall be a solicitor of said city court, appointed, commissioned and confirmed in the same manner provided for the appointment and confirmation of the judge of said court, whose appointive term of office shall be until the 31st day of December, 1944, and who shall thereafter be elected and commissioned in the same manner, at the same time and for the same terms as is hereinbefore provided for the election of the judge of said court; and it shall be the duty of said solicitor to prosecute for all offenses cognizable before said court. The said solicitor shall receive the same fees for each written accusation as are allowed for each indictment in the Superior Court, and his fees for all other services rendered shall be the same as are a solicitor-general in the Superior Court; but all such fees shall be paid into the county treasury by the said solicitor as collected, and in lieu thereof he shall receive the sum of Twelve Hundred Dollars per year, which shall be paid monthly out of the county treasury. The said solicitor shall receive no other fees or compensation for his services, except that the solicitor of said city court shall for his services in the Supreme Court and Court of Appeals be paid out of the Treasury of the State in the same manner as the Solicitor-general of the Superior Court is paid for like services rendered in said courts. Solicitor. Term. Fees, salary. Fees, appellate courts. Section 15. Be it further enacted by the authority aforesaid, That no person shall be eligible to the office of solicitor of said City court unless he shall have been admitted to the practice of law for one year; and he shall, before entering the duties of his office, take and subscribed the following oath: I do swear that I will faithfully and impartially, and without fear, favor, or affection, discharge my duties as solicitor of the City Court of Habersham County, and will take only my lawful fees of office; so help me God, which oath shall be filed in the executive department. Solicitor, qualification. Oath. Section 16. Be it further enacted by the authority aforesaid, That in case of the absence of said solicitor or his

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inability from illness or otherwise to appear and prosecute any cause at any term of said court, the judge of said court may appoint a solicitor pro tempore to perform the duties of the solicitor in such absence or inability, and such solicitor pro tempore shall be entitled to receive from his services, should he require it, not exceeding seven dollars and fifty cents per day to be paid by the solicitor out of his compensation provided for in Section 14 of this Act. Solicitor pro tem. Section 17. Be it further enacted by the authority aforesaid, That the clerk and his deputies of the Superior Court of Habersham County shall be ex-officio clerk and deputies of said city court. Said clerk shall, before entering upon the duties of his office, take and subscribe an oath to faithfully and impartially discharge his duties thereof, which oath shall be entered on the book of minutes of said city court; and he shall also, before entering on the duties of his office, execute a bond with good security, to be approved by the judge of said court, in the sum of one thousand dollars for the faithful discharge of the duties of his office, such bond to be in the form required for clerk of the Superior Court. Clerk. Bond. Section 18. Be it further enacted by the authority aforesaid, that the sheriff and his deputies of Habersham County shall be ex-officio sheriff and deputy sheriffs of the City Court of Habersham County, and in his official connection with said court the sheriff of Habersham County shall be known as the sheriff of the City Court of Habersham County; before entering upon the discharge of the duties of his office, said sheriff shall execute a bond with good security in the sum of one thousand dollars for the faithful discharge of the duties of his office, said bond to be approved by the judge of said court. Sheriff. Bond. Section 19. Be it further enacted by the authority aforesaid, that all the duties and liabilities attached to the office of clerk of the Superior Court and to the office of sheriff

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shall be attached to the office of clerk of the City Court of Habersham County and to the office of sheriff of the City court of Habersham County, respectively; and that the judge of said City Court of Habersham County is empowered to enforce the same authority over the said clerk and sheriff and their duties as is exercised by the judges of the Superior Courts over the clerks of the Superior Courts and other the sheriffs of the counties of Georgia. Sheriff, clerk, duties and liabilities. Section 20. Be it further enacted by the authority aforesaid, that the clerk and sheriff, and their deputies, of said city court shall receive for their services the same fees as are allowed by law for like services in the Superior Court; and provided, that neither the said clerk nor the said sheriff shall be entitled to any per diem fees for attending the monthly terms of said court when there is no jury empaneled for the trial of cases, such clerk and sheriff being entitled to per diem for attendance at the regular quarterly trial terms only. For services rendered by the clerk and sheriff where no compensation is provided by law, they shall receive such compensation as the judge of said city court shall in his sound discretion allow. The said sheriff and clerk shall be amenable to the same processes and penalties as they are now amenable to as officers of the Superior Court, and they shall be entitled to the same remedies to enforce the collection of their fees and costs in said city court as they are now or may hereafter be entitled to in the Superior Court. In all actions ex contractu where the amount of the judgment recovered is less than fifty dollars principal, the plaintiff shall only be entitled to recover judgment for justice court costs, and such plaintiff shall himself be liable for the balance of the costs in such case. Sheriff, clerk, fees. Costs, limitation. Section 21. Be it further enacted by the authority aforesaid, That a reporter or stenographer for said city court may be appointed by the judge of said court to take down and transcribe testimony and charges of the court in criminal and civil cases tried therein. All civil cases tried in

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said court shall be reported at the request of either side, plaintiff or defendant, and the fees for reporting such cases shall be the same as those allowed and charged in similar cases in the Superior Court, and shall be paid as now provided for by law. Said reporter or stenographer shall have the right to enforce payment of his fees in the same manner authorized in like cases in the Superior Courts. The reporter or stenographer shall report all criminal cases whenever the defendant or his attorney shall demand it, and whenever the judge in his discretion shall require the same reported, whether demanded or not. Said reporter or stenographer shall receive, for his services in reporting and transacting the record in criminal cases in said city court, the same amount provided by law for similar services by stenographer in the Superior Courts, which shall be paid out of the treasury of the county in the same manner that the Superior Court stenographers are paid. Reporter. Fees. Section 22. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk of said court to prepare and file in his office a complete copy of the traverse jury list of the Superior Court of Habersham County, as provided for from time to time for such Superior Court. From said copy so made traverse jurors in said city court shall be drawn in the following manner: The clerk of said city court shall write upon separate tickets or slips of paper the names of each traverse juror, and shall number the same and place the same in a box to be prepared and kept for that purpose, from which box shall be drawn all traverse jurors as now required by law in the Superior Courts, all laws with reference to drawing, selecting, and summoning traverse and tales traverse jurors in the Superior Courts shall apply in said city court. All exemption from jury duty now of force in the County of Habersham shall apply and be of effect in said city court. Jury list. Section 23. Be it further enacted by the authority aforesaid, That all laws in reference to the qualifications, relations,

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empaneling, fining and challenging of jurors now in force in this State, or hereafter enacted by the General Assembly, regulating the same in the Superior Court, shall apply to and be observed in said city court, except when inconsistent with the provisons of this Act. Jury, qualification. Section 24. Be it further enacted by the authority aforesaid, That unless, in the opinion of the judge, the business of the court demands it, traverse jurors shall be drawn and summoned to serve only at the regular quarterly terms thereof. Jury, service, quarterly terms. Section 25. Be it further enacted by the authority aforesaid, That from a panel of twenty-four traverse jurors drawn and summoned by the provisions of this Act, to serve at any regular or adjourned term of said court, the judge of said court shall cause to be made up two juries, which shall be known and distinguished as juries numbers one and two and all cases and issues to be tried by jury, civil or criminal, at that term of said court, shall be tried by one of these, or by a jury stricken from both, as hereinbefore provided. In case from any cause said panel should be reduced below twenty-four, the judge of said court shall have power to fill it by causing talesmen to be summoned instanter. In criminal cases tried in said court, the defendant shall be entitled to seven peremptory challenges and the State five, and in all civil cases the plaintiff and defendant shall each be entitled to six peremptory challenges; and all laws and rules, both civil and criminal, regulating the selection of juries in the Superior Court, shall apply to said city court, except where they are inconsistent with the terms of this Act. Panels. Criminal cases, challenges. Section 26. Be it further enacted by the authority aforesaid, That in the trial of all cases, civil and criminal, except when written demand is made for trial by a jury of twelve, it shall be the practice in said city court to try all cases before a jury of six, to be selected in the following manner:

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In trial of all criminal cases the jury shall be stricken from a jury list of twelve jurors, the defendant being entitled to four peremptory challenges and the State two; and in the trial of all civil cases the jury shall be stricken from a jury list of twelve jurors, the plaintiff and the defendant being entitled to three peremptory challenges each; and the said jury lists provided for in this section shall be made up from the traverse jurors duly drawn and slummoned to serve at such term and also from such talesmen as the judge may find it necessary to summon instanter; Provided, always, that the accused in any criminal case may make a written demand for a trial by a jury of twelve jurors, which written demand may be presented to the judge at the time of or before pleading to the indictment or accusation; and when such written demand is so made and presented, the accused shall be tried by a jury of twelve jurors chosen and selected in the same manner as in like cases when any party in a civil case, plaintiff, or defendant, or other party thereto, desires a trial by a jury of twelve, such party shall make written demand therefor, which written demand may be made and filed with the clerk at any time not less than five days before the first day of the trial term next after issue is formed, and when such written demand shall be made and filed as aforesaid, the case shall be tried by a jury of twelve jurors chosen and selected in the same manner as in like cases in the Superior Court. Jury of six. Strikes. Jury of twelve, demand. Section 27. Be it further enacted by the authority aforesaid, That all defendants in criminal cases in which the prosecution originates in said city court, or where such defendants are bound over to said city court, or by any justice of the peace or notary public or other judicial officer, shall be tried on written accusations setting forth plainly the offense charged, founded upon affidavit of the accuser and signed by the solicitor of said city court; and all the proceedings after accusations shall conform to the rules governing in the Superior Courts, except that the accused shall be tried

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by jury of six as in this Act provided, unless such accused makes demand for trial by a jury of twelve as hereinbefore provided. And that in all cases tried upon accusations the offense shall be charged with the same particularity both as matter of form and substance as is required by the laws and the rules of criminal pleading to be observed in bills of indictment in the Superior Courts. Accusations, affidavits. Jury trial. Accusations, form. Section 28. Be it further enacted by the authority aforesaid, That the judge of said city court shall have power to grant a new trial in any case, civil or criminal, in his court, upon the same terms and conditions and under the same laws and regulations governing the granting of a new trial in the Superior Courts; and all rules of pleading, practice and procedure, governing motions, rules nisi and other proceedings in new trials in the Superior Courts shall apply to and govern the same in said city court. New trial, rules of practice. Section 29. Be it further enacted by the authority aforesaid, That writs of error shall be directed from said city court to the Supreme Court and the Court of Appeals of this State upon bills of exceptions filed under the same rules and regulations as govern and control the issue of writs of error and filing of bills or exceptions in the Superior Courts of this State. Writ of error. Section 30. Be it further enacted by the authority aforesaid, That the judge of the Superior Court of Habersham County may send down from the Superior Court of said county all presentments and bills of indictment for misdemeanors to said city court for trial or other disposition, the order so transmitting such cases to be entered on the minutes of both of said courts. Indictments, transmission. Section 31. Be it further enacted by the authority aforesaid, That all suits shall be by petition and process shall be made returnable to the next term of said court, whether the same is a monthly or a quarterly term, provided such suit is filed in the Clerk's Office not less than twenty days before

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the first day of said term; and when the petition is filed on a date less than twenty days before the first day of said term, the process shall be made returnable to the next succeeding term thereafter, whether monthly or quarterly, which shall be the appearance term. And whenever process is not served the length of time required by law before the appearance term, such service shall be good for the next succeeding term thereafter, whether it be monthly or a quarterly term. Petition, process. Service. Section 32. Be it further enacted by the aforesaid authority, That in all cases, the judge at each term, monthly and quarterly, shall call the appearance docket upon some day previously fixed, or on the last day of the term, and, upon such call, all cases in which the defendant has not filed a demurrer, plea, answer or other defense shall be marked In Default and in such default cases, except as such may be founded upon unliquidated claims or demands, the judge shall thereupon at said appearance term, render judgment without the verdict of the jury; and in all default cases founded upon unliquidated claims or demands, the judge shall, at the request of the plaintiff, hear evidence of value or loss and fix the same, and the judge shall there-upon render judgment without the verdict of a jury. Call of docket. Default, Unliquidated demands. Section 33. Be it further enacted by the authority aforesaid, That, except as otherwise provided in this Act, all laws and rules that are now or may hereafter be in force in the Superior Courts of this State, in regard to appearance and pleading, calling the appearance docket, entering and opening defaults, motions, services, waivers, acknowledgments, pleadings, trials, examinations of witnesses, conduct of cases, instructions to juries, rules of evidence, answers, amendments, demurrers, pleas, procedure and practice, legal remedies, the production of books, papers, etc., shall appertain in said city court. Rules of court. Section 34. Be it further enacted by the authority aforesaid,

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That all jurors in said city court, for their services for every day of actual attendance, shall be paid the same amount in the same manner and under the same rules and regulations as jurors in the Superior Court of Habersham County. Jury, pay. Section 35. Be it further enacted by the authority aforesaid, That all suits against joint obligors, joint promisors, copartners, joint tortfeasors, or joint trespassers in which any one or more resides in the County of Habersham may be brought in city court within its jurisdiction as already stated under the same rules and regulations governing such cases in the Superior Court mutatis mutandis as to copies, second originals, returns, and other matters connected by the suit. Joint defendants. Section 36. Be it further enacted by the authority aforesaid, That the judge of said city court shall have power to cause testimony to be taken and used de bene esse, and for the purpose or perpetuating testimony within its jurisdiction in all cases according to the general laws of the State, and the judge and all other officers of said city court shall have power, respectively, to administer oaths pertaining to their office, as the judge and other officers of the Superior Court may in like cases do; and the said judge shall also have power to attest deeds and other papers and administer affidavits in all cases anywhere in the State in which by existing laws such papers may be attested and affidavits administered by the Justices of the Peace of this State. Perpetuation of testimony, depositions. Oaths. Section 37. Be it further enacted by the authority aforesaid, That attachments and garnishments in said court or returnable to said court shall be directed to the sheriff or his deputies of the City Court of Habersham County and to all and singular the sheriffs and constables of this State; and the judge of said city court may, or any Justice of the Peace or Notary Public may, issue attachments and garnishments

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returnable to said city court under the same laws that govern the issuing of attachments and garnishments returnable to the Superior Courts. Attachments and garnishments. Section 38. Be it further enacted by the authority aforesaid, That the Ordinary of Habersham County shall provide a suitable place in the county court house for holding of said city court, provide the court with such stationery, writing materials and blank accusations as may be required, and provide the necessary books for keeping the dockets, minutes and records of said court. Where held. Stationery. Section 39. Be it further enacted by the authority aforesaid, That all fines and forfeitures arising from cases tried in said city court, except the proportions due the solicitor, which shall be paid into the county treasury as provided for under Section 14 of this Act, shall be subject to the payment of the fees and costs of the clerk and sheriff of said court, the same to be distributed pro rata under the same rules and regulations governing the fees of said officers as now provided by law; Provided, that in all cases in which the justices of the peace and ex-officio justices of the peace have bound over any offender to said court, or to the Superior Court and the case is afterwards transferred to said city court, such magistrate binding over shall be entitled to share as to his costs in the particular case with the officers of said city court hereinbefore named, upon the same terms in any fine or forfeiture that may arise therefrom; Provided, further, that the County of Habersham shall not be liable to the said officers of said court, to wit, the clerk, sheriff, justices of the peace, and ex-officio justices of the peace, for insolvent costs in any criminal case except the costs in the cases where the convicted defendants are hired out by the county authorities in which event the county authorities shall pay to the officers above named the costs in such cases. The Clerk of said city court is hereby charged with the duty of collecting, receiving and prorating the fines and forfeitures mentioned herein, and it shall be his duty to

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keep such records thereof as are required to be kept in the Superior Court, and he shall faithfully account for all moneys as received. Fines and forfeitures. Costs of committing court. County not liable. Records. Section 40. Be it further enacted by the authority aforesaid, That it shall be the duty of the justices of the peace where parties are charged with offenses within the limits of Habersham County, over which said court has jurisdiction, are bound over to answer said offenses, to bind over all such parties to said city court. Commitments. Section 41. Be it further enacted by the authority aforesaid, That any civil case pending in the Superior Court of Habersham County at the time of the effective date of this Act, or thereafter, of which the said City Court of Habersham County has jurisdiction under this Act, may be transferred by the Judge of the Superior Court to the said city court, and shall thereafter stand for trial in said city court as though originally filed therein. Transfer of cases. Section 42. Be it further enacted by the authority aforesaid, That the judge of the Superior Court of Habersham County shall send down from the Superior Court of said County all presentments and bills of indictment for misdemeanors to said city court for trial or other disposition, the order so transmitting such cases to be entered on the minutes of both of said courts. Misdemeanors. Section 43. Be it further enacted by the authority aforesaid, That all bonds of defendants in the Superior Court of Habersham County at the time of the effective date of this Act, and all bonds taken hereafter in said Superior Court, and where said cases are transferred by the Judge of the Superior Court to the said City Court as required in this Act, the said defendants shall be required to appear in the said city court to the same extent as if said bonds had been taken in said city court at the beginning. Appearance bonds. Section 44. Be it further enacted by the authority aforesaid,

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That this Act shall become operative on April 1, 1941, and all powers, duties and rights hereunder shall be effective thereafter. Effective date. Section 45. 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 13, 1941. HENRY COUNTY CITY COURT ESTABLISHED. No. 37. An Act To establish a City Court in and for the County of Henry, to provide for the terms and jurisdiction of same, to provide for the qualifications and appointments of the Judge and Solicitor of said Court, and salaries of same; and to define the powers and duties of the Judge and Solicitor of said Court; and for other purposes: City Court of Henry County Established, etc. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the City Court of Henry County be, and the same is, hereby created and established, to be organized, located, and held in the City of McDonough, Henry County, Georgia, with civil and criminal jurisdiction over the whole County of Henry, concurrent with the Superior Court to try and dispose of all civil cases of whatever nature and amount wherein the amount claimed or involved, exclusive of interest, is as much as Fifty Dollars, except those cases of which the Constitution of this State has given the Superior Court exclusive jurisdiction; and with criminal jurisdiction to try and dispose of all offenses below the grade of felony committed in the County of Henry; that the jurisdiction herein conferred shall include not only the ordinary suits by petition, and process, but also all other kinds of suits and

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proceedings which now or hereafter may be in use in the Superior Courts, either under the common law or statute, including among other, attachment and garnishment proceedings, illegalities, counter-affidavits to any proceeding from said Court, statutory awards, proceedings for personalty, issues upon distress warrants, possessory warrants and dispossessory warrants and foreclosures of all liens and mortgages and writs of quo-warranto. Court Established. Jurisdiction. Section 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of same, that said City Court of Henry County shall have jurisdiction of all suits, regardless of the amount involved or claimed therein, brought to recover personal property or involving the title to personalty; and any and all provisions in this Act limiting the jurisdiction of said court in civil cases as involve not less than Fifty Dollars shall not affect or apply to suits brought to recover personal property or involving the title to personalty. Jurisdiction. Jurisdiction, Power of Judge, etc. Section 3. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that the Judge of the City Court of Henry County, shall have authority to issue criminal warrants, warrants to dispossess tenants holding over and intruders, to issue distress warrants, possessory warrants and dispossessory warrants, to issue attachments and garnishments, to attest deeds and other papers, to take affidavits, and to issue any other writ, warrants, order or process, the authority for which is not given exclusively to some other court, judge or officer by the Constitution of this State; and said judge, solicitor and clerk shall have power to administer all oaths and do all other official acts pertaining to their offices, respectively, as the judge and other officers of the Superior Court may in like cases do; and said judge shall also have power to

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issue writs of habeas corpus, and hear and determine the same as judges of the Superior Court may do; to cause testimony to be taken to be used de bene esse, and for the purpose of perpetuating testimony within his jurisdiction, and generally to do all Acts which the judges of the County Courts of this State are authorized to do, unless otherwise provided in this Act; and said judge of the City Court of Henry County shall have the same power and authority throughout his jurisdiction as judges of the Superior Courts of this State, except where, by the Constitution exclusive power and authority are vested in the judges of the Superior Court; and all laws relating to and governing judges of the superior courts shall apply to the judge of said City Court so far as the same may be applicable, except as hereinafter provided. Jurisdiction, power of judge. Depositions. Process, Pleadings, etc. Same as Superior Courts Section 4. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that suits in said court shall in all respects be conformable to the modes of proceeding in the superior court, except as herein provided, but the process to writs shall be annexed by the clerk of said City Court, attested in the name of the Judge thereof, and be directed to and served by sheriff of the City Court of Henry County, or his deputy, and all executions issuing from said Court shall be attested in the name of Judge, and signed by the clerk, and directed to the sheriff or his deputy of the City Court of Henry County, and all and singular the sheriffs or their deputies of the State of Georgia. Procedure. Pleading and Practice Section 5. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that in all matters pertaining to service and pleading and practice

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and other legal procedure, the law governing in the superior court shall be applicable to said City Court, unless otherwise provided in this Act. Superior court practice rules. Judgment by the Court, And Demand for Jury Section 6. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that the Judge of said City Court shall have power and authority to hear and determine all civil cases in which said Court has jurisdiction, and to give judgment therein as hereinafter provided. Civil causes, power of judge. Clerk of Superior Court, Clerk Bond, Duties, etc. Section 7. Be it further enacted by the authority aforesaid, that the Clerk of the Superior Court of Henry County, Georgia, shall by virtue of his office, be Clerk of said City Court, and shall perform in said City Court the same duties as by law are required of him as an officer of the Superior Court, so far as the same does not conflict with the provisions of this Act. Before entering upon his duties the said clerk shall execute a bond in the sum of one thousand dollars, payable to the Governor, conditioned for the faithful discharge of the duties of his office, which bond shall be approved by the judge of the said court, entered on the minutes thereof, and which bond may be sued on by any person interested. In the event the clerk of the superior court shall fail to qualify and execute said bond, the judge of the said city court is hereby authorized to appoint a clerk for said court. Clerk, ex officio. Bond. Disqualification. Sheriff of the County Made Sheriff of City Court Section 8. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that the sheriff of Henry County shall, by virtue of his office,

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be sheriff of said court. Before entering on the discharge of the duties of his office he shall execute a bond, with good security, payable to the Governor in the sum of two thousand ($2,000.00) dollars, conditioned for the faithful discharge of the duties of his office, which bond shall be approved by judge of said City Court and entered on the minutes thereof, and which said bond may be sued on by any person interested. In the event the sheriff of Henry County shall fail to qualify as sheriff of the city court, the judge of said court shall appoint a sheriff for said court. The sheriff of said court shall have power to appoint such deputies as the business of said court may require, who shall give such bonds as are required of other deputy sheriffs. Sheriff ex officio Bond. Disqualification. Judge's Authority Over Clerk and Sheriff. Section 9. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that the judge of the City Court of Henry County is empowered to exercise the same authority over the clerk and sheriff and deputy sheriffs of said court as may be exercised by the judge of the superior court over the clerk and sheriff and deputy sheriffs in the superior courts of said State. Judge, power over clerk and sheriff. Fees of Clerk, Civil and Criminal Cases Section 10. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that the fees to which the Clerk of said Court shall be entitled are fixed as follows: In civil cases of said Court in which the amount involved does not exceed One Hundred Dollars, the Clerk's costs shall be Two Dollars for filing suits and issuing processes, entering judgments, and issuing executions, and this amount shall be his full costs; and in civil cases in said Court in which the amount involved does not exceed Five Hundred Dollars, the Clerk's costs shall be four Dollars; and in civil cases involving an amount exceeding Five Hundred Dollars,

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the Clerk's costs in such cases shall be the same costs to which the Clerk of the Superior Court is entitled and now receives for similar suits in the Superior Court. Said costs aforesaid shall be exclusive of services and costs for issuing subpoenas in said civil cases, which costs shall be Fifteen Cents for subpoenas. Costs and fees, clerk. In criminal cases the Clerk's costs shall be a fee of Two Dollars ($2.00) for each criminal case tried or disposed of in said Court. He shall not be required to record accusations in said Court, but only docket and keep a file of same in his office. Costs in criminal cases. In addition to said costs the Clerk shall be entitled and paid the sum of Two Dollars per day for attending each regular session of said Court. Per diem. The aforesaid costs shall cover and compensate him for his full services in all cases, including issuing summons of juries, issuing subpoenas in criminal cases, and recording such proceedings where necessary in said Court. However, in addition to the aforesaid costs in cases appealed from said Court to the appellate courts of said State by appeal, certiorari or bill of exceptions as the law may provide, he is to be paid the same costs as the Clerk of the Superior Court is now paid for similar services in the Superior Court in such cases. Appellate court costs. Fees of Sheriff, Civil and Criminal Cases Section 11. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that the fees and costs to which the Sheriff of said Court shall be entitled are fixed as follows: In Civil Cases, in said Court, the Sheriff's costs shall be Three Dollars ($3.00) for serving copy of processes on suits and returning the original with his entry thereon per copy, and he shall receive the sum of One Dollar ($1.00)

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for serving summons of garnishment, and Thirty-five Cents (35c) for serving each witness subpoena, and also the sum of One Dollar ($1.00) for forthcoming bonds, which shall be his full and entire costs on such suits, except services for summoning juries to be paid as criminal costs as hereinafter provided for in criminal case fee bill; and except in cases or suits where the principal amount involved exceeds Five Hundred Dollars, the Sheriff's costs shall be the same as he now receives for similar services on suits in the Superior Court. And the foregoing costs shall be chargeable against the parties cast in said suit and litigation. Costs and fees, sheriff. In Criminal Cases, the Sheriff's fees and costs shall be the same fees and costs as are now paid him for similar services in criminal matters in the Superior Court; except for summoning juries for either a civil or criminal case, the sum of Seven and One-half ($7.50) Dollars; and for attending the regular sessions, and adjourned and special sessions of said Court, the sum of Two (2.00) Dollars per day, not to exceed thirty days for any one year; and for summoning or subpoening each witness the sum of Thirty-five Cents (35c); Costs in criminal cases. And provided further than in criminal cases by arrest for highway traffic violations as made by State Patrol Officers or the Sheriff in any case in which cash bonds are taken in an amount not exceeding Fifteen ($15.00) Dollars in cash, and such bonds forfeited in said case without appearance of said defendant and without trail, then his fees and costs in said case shall be only Four ($4.00) Dollars for said arrest, taking bond and forfeiture; and for conducting prisoner before the Judge or Court to and from jail a fee of One Dollar and Twenty-Five Cents ($1.25); and such fee to include costs of guard, where employed, to conduct or guard prisoner to and from jail to Court. State patrol.

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Sheriff Collecting Officer, Funds to Go in County Treasury Section 12. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that all moneys paid into the said Court on account of criminal business prosecuted in said Court, including all fines, forfeitures, costs or otherwise, shall by the collecting officer of said Court be paid into the County Treasury of said County. And for the purposes of this Act the Sheriff of said Court is hereby made the collecting officer of said Court, and shall collect all fines and moneys of every kind arising on account of same. Collections to county treasury Judge to Approve Fees Section 13. That a statement or an account of all criminal fees and costs earned by the Clerk and Sheriff of said Court, and to which they may be entitled for their services provided for in this Act, must first be submitted to and be approved by the Judge of said Court, before same shall be paid them out of said County Treasury. Approval of judge. Jurisdiction Claim Cases Section 14. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that said Court shall have jurisdiction of all claim cases where personal property is levied on under process from said court, which claim shall be tried in the same manner as claims in the Superior Court, except that the pleadings in the case shall make issue, and it shall be unnecessary for the parties to tender and join issue in claim cases as is practiced in other courts. Claims. Attachments and Garnishments Section 15. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that all laws upon the subject of attachments and garnishments in

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the Superior Courts of this State shall apply to said City Court so far as the nature of the City Court will admit. The judge of said City Court, or any other officer authorized by law to issue attachments, may issue attachments returnable to said City Court under the same laws that govern the issuing of attachments in the Superior Court, and all attachments returnable to the City Court of Henry County shall be directed to the Sheriff of the City Court of Henry County and to all and singular the sheriffs and constables of this State and may be served by the Sheriff of the City Court, or his deputy, or any Sheriff or constable or other officer authorized by law to levy attachments returnable to other courts. Attachments and garnishments. Garnishment on Non-Resident Section 16. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that the garnishment proceedings in the City Court shall be conformable to the laws on the subject applicable to the Superior Court, and in cases where the garnishee is a non-resident of the County of Henry, and the County has no City Court; then the answer of Garnishee shall be made to the Superior Court of the County in which the garnishee resides. Non-residents. Section 17. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that all proceedings to make parties in any cause in the City Court shall conform to the laws on that subject in the Superior Court. Making parties. Pleading and Practice Same as Superior Courts Section 18. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that the general laws of this State with regard to the commencement of suits in the Superior Courts, defenses, set-offs, affidavits of illegality, arbitrations, and all other legal procedure, examination

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of witnesses and their attendance, continuance, examination of witnesses by interrogatories, deposition or otherwise, motions for new trial, and all matters pertaining to pleading and practice, and all matters of a judicial nature within the jurisdiction of the City Court, shall be applicable to said City Court, unless otherwise provided. Superior court practice rules. Court of Record Section 19. Be it further enacted by authority aforesaid, and it is hereby enacted by authority of same, that said City Court of Henry County shall be a Court of record, and shall have a seal, and the minutes, dockets, records, and other books and files that are required by law to be kept for the Superior Court shall be kept in and for the said City Court, and in the same manner; and all laws applicable to the duty of the Clerk and Sheriff of the Superior Court shall apply to them in the said City Court, except where they conflict with the provisions of this Act. Court of record. Enforcement of Judgments Section 20. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that all laws regulating the enforcement of the judgments of the Superior Court, whether civil or criminal, shall apply to said City Court, and executions shall issue and be levied and sales had thereunder under the same rules and laws regulating the same in the Superior Court. All Civil executions to be recorded only on the Superior Court General Execution Docket with its lien preserved the same as executions issued from the Superior Court of said County. Judgments, enforcement. Judge's Power to Enforce Orders, etc. Section 21. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that the Judge of the City Court of Henry County shall have

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power to enforce his orders, preserve order, punish for contempt and to enforce all of his judgments in the same manner as the judges of the Superior Court. Judge, enforcement of orders. Trial by Jury Section 22. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that in all civil cases pending in said Court trial shall be had by a Jury of twelve men, unless such jury trial is waived by the parties to any such case; and in all criminal cases in said Court, trial shall be had before the Court without the intervention of a Jury; unless a demand for a jury trial is made in writing by the defendant in any such case, and if such demand is made in any criminal case, and such demand entered on the docket, then trial shall be had by a jury of twelve men, but if no jury then be in attendance on the Court, the case shall be continued until the next regular term of said Court, at which a jury has been summoned, at which time said case shall stand ready for trial by a jury as demanded, and shall be tried unless continued according to law. Jury trial demand. Drawing Juries Section 23. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that the traverse jurors of the City Court of Henry County shall be procured in the following manner: The Clerk of said Court shall provide a City Court jury box, similar to the traverse jury box of the Superior Court, and shall write upon separate pieces of paper the name of each person upon the grand jury and petit jury list of the Superior Court of Henry County, and shall place said names in the City Court jury box, from which shall be drawn the traverse jurors in the City Court. All laws with reference to the drawing and summoning and impaneling traverse jurors in the Superior Court shall apply to the City Court of Henry County; provided, that the number of jurors so drawn shall

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be twenty-four (24) instead of thirty-six (36), as provided for in the Superior Courts; and said City Court Judge shall have the same power to summon tales jurors for the City Court that the judges of the Superior Courts have for the superior courts. Jurors in said City Court shall receive the same pay as jurors in the Superior Courts; and shall be paid out of the County Treasury in the same manner as Superior Court jurors are paid. However, jurors shall be drawn and summoned in the manner above provided only for the terms of said Court to be held in January, April, July and October of each year. Juries, drawing. Jurors Disqualifications, Number of Strikes, etc. Section 24. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that all laws with reference to the disqualification, impaneling, challenging, fining, or in any wise relative to jurors, now in force or hereafter to be enacted, regulating the same in the Superior Court, shall apply to and be observed in said City Court, except when inconsistent with the provisions of this Act; and Jurors, impaneling, etc. In all cases where issues are to be tried by a jury, the parties shall be entitled to eighteen (18) jurors from which to strike. In all civil cases each party shall be entitled to three (3) peremptory challenges, and in criminal cases the defendant shall be entitled to four (4) peremptory challenges and State two (2), and all laws and rules governing the selection of jurors in the Superior Court shall apply to the City Court, unless otherwise provided in this Act. Full panel. Trial by Accusation Section 25. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that defendants in the criminal cases in said City Court of Henry County may be tried on written accusation, framed and

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signed by the solicitor of the City Court. No person charged with an offense within the jurisdiction of said City Court shall have the right to demand indictment by the grand jury of Henry County before trial. Accusations. Accused Bound Over To Superior Court Section 26. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that if, after hearing the evidence on any trial, it shall appear to the Court that the offence is beyond the jurisdiction thereof, the trial shall be discontinued, and the accused committed or bound over to the next Superior Court, according to the law of bail and commitment, and the proceeding shall be transmitted to the Superior Court. Commitments for felonies. Transfer of CasesSuperior to City Court Section 27. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that the judge of the Superior Court may send down from the Superior Court of Henry County to said City Court for trial and final disposition all presentments and indictments for misdemeanors which may be undisposed of at the close of each term of the Superior Court or in vacation, and the order transmitting such cases shall be entered on the minutes of both said Court. Transfer of cases, Superior court. Transfer of Cases to Superior Court Section 28. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that the judge of the City Court may, in his discretion, pass an order transferring to the Superior Court of Henry County for trial any criminal cases in which said judge may be disqualified, the order so transferring the same to be entered on the minutes of both courts. Transfer of cases, city court.

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Bailiffs Section 29. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that the Judge of said Court shall have the same power to appoint bailiffs at any term of the Court that the judges of the Superior Courts have. Bailiffs. Criminal Offences Returnable to City Court Section 30. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that all Justices of Peace, and Notary Publics who are ex-officio Justices of Peace in and for said County of Henry; and all mayors and recorders of towns and cities in said County, are hereby authorized and required to bind over to said City Court of Henry County all persons charged with offenses committed within the limits of Henry County, where such offense is below the grade of felony. Commitments to city court. Terms of City Court, and Return Day, etc. Section 31. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that the terms of said City Court of Henry County, shall be held monthly on the First Wednesday in every month; and the return day for filing suits to said Court shall be twenty days before the terms of said Court. Service by Sheriff must be had on the defendant or defendants fifteen (15) days before the regular terms of said Court. Terms, return day. The trial or judgment shall be had on such suits at the first term of said Court following the appearance term of said suit, except as hereinafter provided in Section 32 of this Act. Term, trial.

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Judgment and Trial Terms, Monthly and Quarterly Terms Section 32. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that at the opening of each regular term of said Court it shall be the duty of the presiding judge of said Court to call the appearance docket of the suits filed to said term of court; and upon the call of said appearance docket it shall be the duty of said Court to mark In Default as to said defendants all such suits wherein the defendant has been served and no plea, answer or defense is filed thereto; and at the succeeding term of said court judgment forthwith shall be rendered by the Court on said suit, except in cases in which a verdict by a jury is required; and in suits wherein a proper plea, answer or defense has been filed said case stands for trial at the succeeding term of said court at which a jury has been summoned. Appearance docket. Disqualification of Judge Section 33. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that whenever the judge of said City Court, for any cause, is disqualified from presiding in any case, and the judge of the Superior Court shall fail to preside in said Court as provided in the Constitution of this State, or is not present when said case is called on the docket, then, upon consent of parties, or upon their failure or refusal to agree, said cause may be tried by a judge pro hac vice, selected in the same manner as now provided for in the Superior Court. Judge, disqualification. Further provided that Judges of other City Courts of this State may also preside over said City Court of Henry County in such cases where the Judge of said Court is for any reason disqualified as provided in this section. Judges, interchanging.

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County to Provide Book Records, Etc. Section 34. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that the County commissioners of Henry County, or other proper authorities, shall provide the necessary books for keeping the dockets, minutes and records of said City Court, and all other books and stationery necessary to run said City Court, and that said City Court shall be held in the courthouse of Henry County, or such other place in the City of McDonough as the Superior Court of said County may be held. Books and records provided by county. Bonds Forfeited Section 35. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that upon the failure of the defendant in any criminal case to appear and answer to any charge he may stand accused of in said City Court at the time named in the bond, said bond shall be forfeited under the same rules and regulations as bonds are now forfeited in the Superior Court, and the order of forfeiture and scire facias shall issue on said day of non-appearance, and the subsequent proceedings shall be the same as now prescribed by law. Bond forfeiture. Appointment of Judge and Solicitor and Terms of Office Section 36. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that there shall be a Judge and Solicitor of said City Court of Henry County. Both the Judge and Solicitor of said Court shall be elected by the qualified voters of Henry County, under the rules governing general elections in said County, such elections to be held at the same time as general elections for the election of members of the General Assembly from said County; except that, upon the passage and approval of this act, the Governor shall appoint a Judge

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and a Solicitor for said Court, the term of which Judge and Solicitor so appointed shall end on January 31st, 1943. Thereafter, the terms of office of the Judge and Solicitor of said Court elected as herein provided shall be two years, beginning on January 31st of the year succeeding the year in which such Judge and Solicitor are elected; and the first election for such Judge and Solicitor shall be held in the year 1942. Judge, solicitor, terms of office. Election. Appointment. Salary and Qualifications of Judge and Solicitor Section 37. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that the salary of the Judge of said Court shall be Fifteen Hundred ($1500.00) Dollars per year, and the salary of the Solicitor shall be Twelve Hundred ($1200.00) Dollars per year, both payable monthly and out of the County Treasury; and further provided that to be eligible for the offices of Judge and Solicitor both said Judge and Solicitor shall be Attorneys at Law and members of the local bar of said County, and said Judge shall not be less than thirty (30) years of age, and said Solicitor not less than twenty-five (25) years of age, and said Judge must have been a bona fide resident of said County of Henry five years prior to his appointment, and said Solicitor a resident of said County three years, and said Judge must have been admitted to the practice of law for at least five (5) years and the Solicitor at least three (3) years. Salaries. Qualification. Judge and Solicitor May Practice in Other Courts Section 38. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of same, that said Judge and Solicitor shall not be disqualified by reason of their official position in said City Court, from engaging in the practice of law in any of the other Courts of said State or County. Practice by judge and solicitor.

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Absence or Disqualification of Solicitor Section 39. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of same, that in the absence or disqualification, or illness of said Solicitor, the Judge of said Court shall appoint a Solicitor pro-tem, who shall receive such proportion of the salary of the regularly appointed Solicitor as shall be payable for the period of time which such Solicitor pro-tem shall serve in such capacity. Solicitor, absence, disqualification. Solicitor to Represent State in Supreme Court Section 40. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of same, that it shall be the duty of the Solicitor of said City Court to represent the State in the Supreme Court or Appellate Court in all writs of error from said City Court, and for which service he shall be paid out of the Treasury of the State the sums as are paid the Solicitor General for similar service. Appellate court. Solicitor's Bond, Oath and Duties Section 41. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of same, that said Solicitor before entering upon the duties of his office shall give bond with good security, payable to the Governor of the State of Georgia, and his successors in office, in the sum of One Thousand Dollars, conditioned for the faithful discharge of the duties of his office, and shall take and subscribe the following oath: Solicitor, bond. I do somenly swear that I will support and maintain the Constitution of the State of Georgia, and that I will faithfully and impartially, without fear, favor or affection discharge my duties as Solicitor of the City Court of Henry, County, so help me God; Oath. which oath shall be filed with the Clerk of the City Court of

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Henry County, and recorded on the minutes of said Court; and before entering upon the duties of his office, the Judge of said City Court shall likewise take and subscribe the following oath: Filling. I do solemnly swear that I will administer Justice without respect to person, and do equal right to the rich and poor, and that I will faithfully and impartially perform and discharge all duties which may be required of me as Judge of the City Court of Henry County, according to the best of my ability and understanding, agreeable to the laws and Constitution of this State, and the Constitution of the United States, so help me God; Oath. which oath shall be filed in the Executive Department of this State. Filing. Duties of Solicitor Section 42. Be it further enacted by authority aforesaid, and it is hereby enacted by the authority of same, that it shall be the duty of the Solicitor to attend each session of the City Court of Henry County, regular or adjourned, unless excused by the Judge thereof, and to remain until the business of the State is disposed of; to administer oaths as the law requires to the jurors serving in said Court; and to aid the presiding judge in organizing the Court as he may require; to draw up all accusations and to prosecute all criminal cases in said City Court of Henry County; to represent the State in all criminal cases pending or originating therein; and to represent the State in all committment trials of misdemeanor cases in the County, and all felony cases in the absence of the Solicitor-general or when requested to do so by said Solicitor-general; to prosecute or defend any civil action in the prosecution of defense of which the State is interested in said City Court of Henry County, unless otherwise especially provided for; to perform such other duties as or may be required of him by law, or which necessarily appertains to his office. He shall be liable to rule as

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attorneys at law, with all the penalties and remedies and on failure to comply with the terms of the rule absolute within twenty days from the time it becomes final shall be a ground of impeachment. If he fails to attend the court as required, he is liable to be fined by the Judge thereof any sum not exceeding twenty-five dollars. Solicitor, duties. Judge to Hear and Grant Motions for New Trial, Etc. Section 43. Be it hereby enacted by the authority aforesaid, that the Judge of the City Court of Henry County shall have power to hear and grant motions for new trials in all cases tried in said Court on the same terms and conditions, and under the same rules and law regulating and governing the granting of new trials by the Judges of the Superior Courts of the State. All rules of pleading, practice and procedure governing motions for new trials in the Superior Courts of Georgia shall apply and govern the same in said City Court. New trials. Transfer of Cases from County Court to City Court, Etc. Section 44. Be it further enacted by the authority aforesaid, that all cases, both civil and criminal, which may be pending and undisposed of in the County Court of Henry County at the time this Act shall go into effect, and when the City Court of Henry County is established and organized, including all cases in said County Court, whether the parties thereto have been served or not, shall be and the same are hereby transferred to the City Court of Henry County created and organized by this Act, and all said cases shall be entered upon the proper docket of the said City Court of Henry County, and shall be tried and disposed of by the said City Court of Henry County, and shall be tried and disposed of therein. All execution and all final or other processes issued from said County Court of Henry County which shall be pending and undisposed of and unsatisfied at the time this Act shall go into effect, whether the same be in the hands of the Sheriff or his deputies or other

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officer of the County Court of Henry County, the same shall be and are hereby made returnable to the City Court of Henry County, and the same shall be turned over to and shall be executed by the Sheriff or proper officer of said City Court of Henry County. All liens and the binding force and effect of all judgments and orders rendered by or obtained in said County Court of Henry County shall be and the same are hereby preserved, and shall remain in full force and effect; and all executions and other final proceses issued from the said County Court of Henry County which are not fully satisfied, whether the same be now in the hands of the Sheriff of said County or in the hands of another officer or officers of the said County of Henry, or of the State of Georgia, they shall be and are hereby made returnable to the City Court of Henry County, and the same may be levied and enforced by the Sheriff or other officer of Henry County, who shall make return thereof to said City Court of Henry County. The Judge and other officers of said City Court of Henry County shall have power and authority to issue and enforce, in the name of the City Court of Henry County, any and all processes in all such cases as shall be transferred from said County Court of Henry County, as fully as the same could be done had such cases been brought originally in said City Court of Henry County. Transfer of cases. Writ of Error to Appellate Courts Section 45. Be it further enacted by the authority aforesaid, that in all cases tried in said City Court a writ of error shall lie direct from said City Court to the Supreme Court and to the Court of Appeals of Georgia, upon bills of exceptions filed therein; and all laws, rules, and regulations which govern same, as to time and manner of presiding and filing bills of exceptions and the issuing of writs of error, in the Superior Court of this State shall be and are hereby made applicable to such matters in said City Court of Henry County. Writ of error.

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Special, Adjourned and Call Terms Section 46. Be it further enacted by the authority aforesaid, that the Judge of said City Court may hold and keep open said City Court at all times, for the trial and disposition of criminal cases in which a trial by jury is not demanded, or in which same is waived, but all criminal cases must be tried or disposed of only in open Court. The Judge of said Court shall also have authority to hold said Court in session from day to day at any regular monthly term thereof, so long as may be necessary to dispose of the business therein, provided no term shall be held longer than two weeks; and said Judge shall also have power and authority to call and hold adjourned and special terms of said Court whenever the business of said Court demands same. Special terms. Stenographer Section 47. Be it further enacted by the authority aforesaid, that the Judge of said City Court shall have the authority to appoint and employ a stenographer or reporter for said City Court, when in his discretion the nature of the case demands same; or in civil cases where demand for same is made by the parties, and said reporter shall be entitled to two-thirds (2/3) of the same fees paid him as reporter in the Superior Courts of the State, but his fees in civil cases to be paid by the party plaintiff or party defendant demanding his services. Reporter. Section 48. Be it further enacted by the authority aforesaid, that should any provision of this Act be declared unconstitutional, illegal or void, then and in that event, the remaining part or parts of said Act shall remain in full force and effect. Constitutionality. Section 49. Be it further enacted by the authority aforesaid, that this Act shall take effect and become in force and in operation upon passage and approval of this Act creating said City Court of Henry County. Effective when passed.

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Section 50. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 12, 1941. HENRY COUNTY COURT ABOLISHED. No. 31. An Act to abolish the County Court of Henry County, to provide for the transfer and disposition of all matters and suits pending in said County Court, and for all processes, papers, files, and other papers and matters therein pending, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, that from and after the passage of this Act as hereinafter provided the County Court of Henry County and for said County to be and the same is hereby abolished. Abolished. Section 2. Be it further enacted that all matters, business and suits now pending in said County Court of Henry shall be and the same is hereby transferred to the City Court of Henry County in and for the County of Henry, and all books, papers, suits, processes, of whatsoever kinds, or character, either civil or criminal belonging to or connected with said County Court of Henry shall be delivered and turned over to the Clerk of City Court of Henry County, to be held and disposed of by said Clerk as provided for in the Act establishing the said City Court of Henry County. Transfer of causes. Section 3. Be it further enacted, That this Act abolishing the County Court of Henry County shall not take effect until the act establishing the City Court of Henry County has become a law, effective and operative. Effective date. Section 4. Be it further enacted, That all laws in conflict with this Act be and they are hereby repealed. Approved February 12, 1941.

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HENRY COUNTY CITY COURTJUDGE AND SOLICITORELECTION. No. 187. An Act to amend an Act creating the City Court of Henry County approved February 12, 1941, by striking from said Act Section 36 thereof relating to the appointment and election of a judge and solicitor of said court, and by substituting in lieu thereof a new Section 36 providing for the appointment and election of a judge and solicitor of the said City Court of Henry County; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Act of the General Assembly creating a City Court of Henry County approved February 12, 1941, be and the same is hereby amended by striking therefrom Section 36 relating to the appointment and election of a judge and solicitor of said Court and by substituting in lieu thereof a new Section 36 providing as follows: Act of 1941 amended. Section 36. There shall be a judge and solicitor of the City Court of Henry County. Both the judge and solicitor of said Court shall be elected by the qualified voters of Henry County at the next general election which will be held in and for said County in June, 1941, and both said judge and solicitor as provided for in said Act, shall serve and hold office until January 31, 1943. All subsequent terms of office for their successors shall be for two year periods. Said successors to be elected at the general election to be held in and for Henry County in November, 1942, such successors thereafter shall be elected every two years at each regular November general election. The judge and solicitor elected at the November, 1942 general election shall take office January 31, 1943; provided, however, that upon the passage and approval of this Act the Governor shall appoint a judge and solicitor of said court. The term

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of office of the judge and solicitor so appointed shall expire upon the qualification of the judge and solicitor elected at the June general election in 1941. Judge, solicitor, election. Term. Appointment. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 15, 1941. LEXINGTON CITY COURTSHERIFF'S BOND. No. 177. An Act to amend an Act to establish the City Court of Lexington, (Georgia Laws 1899, page 395) and Act amendatory thereof, so as to fix the bond of the sheriff of the City Court of Lexington and to provide that the surety furnished by the sheriff thereof shall be a surety company authorized to transact business in this 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 Section 8, of said Act (Georgia Laws, 1899, page 398) be amended as follows: By striking the following words from said Section: Before the entering upon the discharge of the duties of his office, said sheriff shall execute a bond with a good security in the sum of three thousand dollars, for the faithful discharge of the duties of his office be stricken and in lieu thereof, the following words be inserted, to-wit: Before entering upon the discharge of the duties of his office, said sheriff shall execute a bond in the sum of one thousand and 00/100 ($1,000.) dollars and the surety on said bond shall be a surety corporation authorized to transact business in this State, for the faithful discharge of the duties of his office, so that when said Section, as amended, shall read: Act of 1899 amended. Bond.

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Section 8. Be it further enacted by the authority aforesaid, that the Judge of said court shall appoint a sheriff of said court and his deputies, and in his official connection with court, he shall be known as the Sheriff of the City Court of Lexington. Before entering upon the discharge of the duties of his office, said sheriff shall execute a bond in in the sum of one thousand and 00/100 ($1,000.00) dollars to transact business in this State, for the faithful discharge of the duties of his office. Appointment. Designation. Section 2. That this Act shall become effective immediately upon the approval of the Governor. Effective date. Section 3. That all laws and parts of laws in conflict herewith are repealed. Approved March 12, 1941. MACON CITY COURTSTENOGRAPHER FOR SOLICITOR. No. 29. An Act to amend an Act approved August 16, 1915, appearing on pages 103 to 110 of the published acts of 1915, and entitled: 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 the other officers thereof, and for other purposes' approved August 14th, 1885 and the Act amendatory thereof approved October 20th, 1887, and the Act amendatory thereof approved December 11th, 1900, and for other purposes, by providing that the Solicitor of the City Court of Macon by and with the approval of the County Board of Commissioners of Bibb County shall be authorized from time to time to employ a stenographer to serve in the office of

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said Solicitor, and to provide for the fixing of the salary of such stenographer by said County Board of Commissioners. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is enacted by authority of the same, that Section 1 of Act approved August 16th, 1915, appearing on pages 103 to 110 of the published acts of 1915 and entitled: 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 the other officers thereof, and for other purposes' approved August 14th, 1885 and the Act amendatory thereof approved October 20th, 1887, and the Act amendatory thereof approved December 11th, 1900, and for other purposes, be and the same is hereby amended by adding at the end of said Section 1 of said Act the following: The Solicitor of said Court, by and with the approval of the County Board of Commissioners of Bibb County, may from time to time employ a stenographer who shall perform such stenographic and clerical services in the office of the Solicitor as may be required by such Solicitor in connection with his official duties. The compensation of such stenographer shall be such sum as may be fixed therefor by the County Board of Commissioners for Bibb County, and when so fixed shall be paid on a monthly basis as a part of the expense of said court out of the Treasury of Bibb County in the same manner that salaries of the officers of said City Court are paid. The employment of such stenographer shall continue only so long as her services in the opinion of both the Solicitor and a majority of the County Board of Commissioners for Bibb County are reasonably necessary to the efficient operation of the office of Solicitor of said court; it being the intention of this act that at any time such services are deemed necessary by the Solicitor and a majority of the members of said Board such a stenographer may be employed, and at such times as either the Solicitor

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or a majority of the said Board of County Commissioners shall consider such employment unnecessary the same shall be discontinued until such time as the Solicitor and a majority of the members of said Board again concur in the appointment of such stenographer; provided that at such times as the employment of a stenographer as herein provided may be authorized under the terms of this act, the Solicitor of said court shall have the right and authority to designate such stenographer and in his discretion remove such stenographer. Act of 1915 amended. Stenographer. Compensation. Employment, term. Replacement. 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 11, 1941. MACON CITY COURTTERMS. No. 45. An Act to amend An Act to establish the city court of Macon in and for the county of Bibb: To define its jurisdiction and powers: and provide for the appointment of a Judge and the other officers thereof, and for other purposes, approved August 14, 1884, and the Acts amendatory thereof, approved September 21, 1887, December 16, 1897, December 11, 1900, August 16, 1915, July 24, 1920, August 10, 1921, August 21, 1925, August 15, 1921, March 10, 1933, March 15, 1935, March 1, 1939, and all other Acts amendatory thereof, by providing for regular bi-monthly terms of said court, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority thereof, that the following words in Section 2 of the Act approved

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December 16, 1897, which Act amended the Act creating the City Court of Macon, approved August 14, 1885, are hereby repealed: Certain sections repealed. That the regular terms of said City Court of Macon shall be held quarterly beginning on the first Mondays in March, June, September, and December of every year. Section 2. Be it further enacted that in lieu of that portion of Section 2 of the Act approved December 16, 1897, repealed by the foregoing section of this Act, the following is hereby enacted: That the regular terms of said City Court of Macon shall be held bi-monthly, beginning on the first Mondays in January, March, May, July, September and November in each year. The first term of the Court under this Act shall be the May term, 1941. Terms. Section 3. Be it further enacted that the original petition and all suits filed in the City Court of Macon shall be deposited in the Clerk's Office at least twenty (20) days before the term to which the suit is returnable; and if delivered within the twenty (20) days, the Clerk shall make the same returnable to the next term thereafter. The Clerk shall endorse upon every petition the date of its filing in office, which shall be considered the time of the Commencement of the suit. All answers and other defensive pleadings shall be filed in the Clerk's office on or before 10 o'clock, A. M. of the second Saturday in the term to which the action so defended is returnable. At said time the Judge shall call the appearance docket, and all cases in which no defensive pleadings have been filed shall then and there be marked in default. Return day. Call of docket. Section 4. Be it further enacted that all laws and parts of laws in conflict with this Act are hereby repealed, provided, however, that nothing herein contained shall be construed to abolish terms of the City Court as now provided

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for by law prior to the May term of said Court, 1941, established hereunder; that is to say that the March term of said Court shall be held under the existing law and shall expire five days prior to the first Monday in May, 1941. Terms not abolished. Approved February 13, 1941. MILLER COUNTY CITY COURTSALARY OF SOLICITOR. No. 65. An Act to amend the act approved March 2nd, 1935, (Ga. Laws 1933, pp. 538, 553), establishing a city court in and for the County of Miller, by changing the method of compensating the Solicitor of said court from a fee basis to a salary basis; to provide the disposition of the fees collected by the Solicitor; to repeal conflicting laws; and for other purposes. Be it and it is hereby enacted by the General Assembly of Georgia. Section 1. That the act approved March 2nd, 1935, (Ga. Laws 1935, pp. 538, 553), establishing a city court in and for the County of Miller be and the same is hereby amended by striking and repealing Section 3 of said act relating to the fees of the Solicitor and by enacting in lieu thereof the following: Act of 1935 amended. Section 3. That for his services in said court, the Solicitor shall receive a salary of $50.00 per month, payable monthly from the general funds of the county. Provided, however, that in the bill of costs in each case finally disposed of, founded upon accusations, there shall be assessed a fee of ten ($10) dollars, for every indictment or special presentment finally disposed of in said court, which fee of ten ($10) dollars shall be charged in the bill of costs; and for the performance of all other services not provided for

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in this act, there shall be charged in the bill of costs the same fees as are now allowed by law to the Solicitor General for similar services in the Superior Court. Such fees, when collected, shall be placed in the general funds of the county. Provided, however, that the Solicitor of said Court shall be entitled to receive all fees earned before the effective date of this Act. In the absence or disqualification or illness of said Solicitor, the city court judge shall appoint a Solicitor pro tem, who shall, for the time during which he shall fill said appointment, received the same compensation as is allowed the regularly elected Solicitor of said court. Salary. Costs. This Act shall become effective on the 1st day of March 1941. Section 2. All laws or parts of laws in conflict with this act are hereby repealed. Approved February 24, 1941. PEMBROKE CITY COURTJUDGE DESIGNATED. No. 84. An Act to amend the Act approved January 10th, 1938, (Ga. Laws Extraordinary Session 1937-1938 pp. 714, 727), creating and establishing the City Court of Pembroke, defining its powers, jurisdiction, etc., by designating the present incumbent as judge to continue to preside over said court for a period ending December 31st, 1941, or until such time as his successor herein named shall qualify; to provide that the judge so designated shall be succeeded by Hon. F. C. Drexel on January 1st, 1942; to declare that no vacancy now exists in said office; to repeal Section 2 of said Act; to provide for the salary of judge or judges of said court; and for other purposes. Be it and it is hereby enacted by the General Assembly of Georgia:

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Section 1. That Section 2 of the Act creating and establishing the City Court of Pembroke in and for the County of Bryan, which Section provides for the appointment of a judge, the election of his successor, for the filling of vacancies, etc., be and the same is hereby repealed in its entirety and the following is enacted in lieu thereof: Sec. 2 repealed. Section 2. The Hon. W. F. Slater is hereby appointed and designated as the judge of the City Court of Pembroke for the period ending December 31st, 1941, and until such time as the Hon. F. C. Drexel, who was duly elected judge of said court in the last general election but who on account of a call to active duty in the U. S. Army Air Corps was unable to qualify, shall have returned from his army service and qualified as the judge of said court. Upon the return and qualification of the Hon. F. C. Drexel as judge of said court, he shall serve for the balance of the term to which he was elected ending December 31st, 1944, and until his successor is duly elected and qualified as hereinafter provided. Should there be a vacancy in the office for the period for which the Hon. W. F. Slater is designated and appointed to fill, said vacancy shall be filled in the manner now provided by law for the filling of vacancies in the office of clerk of the Superior Court. Judge, designation. Return of F. C. Drexel. At the next regular election for county officers in said county next preceding January 1st, 1945, and at each such regular election thereafter, a judge for said court shall be elected who shall serve for a term of four years. Should any vacancy occur in the office of judge for which provision has not heretofore been made in this Act, the same shall be filled in the same manner as now provided by law for the filling of vacancies of the clerk of the Superior Court. Election. The judge of said court shall receive a salary of $900.00 per year, payable monthly by the treasurer of the county of Bryan and the Commissioners of Roads and Revenues of said county shall have the authority and power and it is

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hereby made their duty to annually levy and provide for the collection of taxes for this purpose. Said salary shall not be increased or diminished during the term of office of the judge. The judge shall have no further compensation, but may practice law in any court except his own. Salary. For the purpose of this Act, it is hereby declared that no vacancy now exists in the office of judge of said court, and the ordinary shall not appoint, so long as the Hon. W. F. Slater continues to hold or perform the duties of said office, any successor to him, or call any election for the purpose of electing a judge of said court. No vacancy. Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. Approved February 26, 1941. SANDERSVILLE CITY COURTSELECTION OF JURY. No. 462. An Act to amend an Act establishing the City Court of Sandersville (Georgia Laws 1901, pages 164 et seq.) and all Acts amendatory thereof by providing the number of jury strikes in said court; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 28 of the Act of the General Assembly establishing the City Court of Sandersville (Georgia Laws 1901, pages 164 et seq.) and all Acts amendatory thereof be and the same is hereby amended by striking the said Section 28 relating to juries and by substituting in lieu thereof a new Section to be designated as Section 28 and to read as follows: Act of 1901 amended. Section 28. Be it further enacted by the authority aforesaid, that sixteen jurors drawn and summoned as above provided

Page 700

shall be empanelled, 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 jury of twelve may be waived, and in that event the jury shall be selected as follows: In civil cases each side shall have four strikes and in criminal cases the defendant shall have four strikes and the State four strikes; eight shall thus constitute a jury. When a jury of eight shall have retired for the purpose of considering the case, the parties in any case may by consent agree to use the remaining eight jurors for the trial of such case, and this shall constitute a legal jury. If either party in a civil case or defendant in a criminal case declines to waive trial by a jury of twelve, then in a civil case each side shall be allowed two strikes, and in criminal cases the defendant shall be allowed two strikes and the State two strikes from said panel. The jurors, those drawn on the regular panel, and likewise the talesmen, which the Judge of said Court is hereby empowered to have summoned instanter at any term of said Court, whenever necessary to complete a panel, shall each receive the sum of $2.00 per day while serving as jurors in said court, the same to be paid under the rules governing the payment of superior court jurors. Jurors, impaneling. Waiver. Strikes. Consent. Tales jurors. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 27, 1941. WASHINGTON CITY COURT ESTABLISHED.REFERENDUM. No. 425. An Act to establish the city court of Washington in and for the county of Wilkes; to define its jurisdiction, powers, procedure and practice; to provide for a judge and solicitor and other officers thereof, define their powers and

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duties and fix their compensation; to provide for writs of error from said city court to the Supreme Court and the Court of Appeals of Georgia, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, that the city court of Washington be and the same is hereby created and established in and for the county of Wilkes, with jurisdiction over the entire county concurrent with the superior court in all cases, civil and criminal, save and except those of which exclusive jurisdiction is vested in the superior court by the Constitution of the State of Georgia, the jurisdiction herein conferred to include not only ordinary suits by petition and process, but also all other kinds of suits and proceedings which are now being used or may hereafter be used in the superior courts, either under the common law or by statute, including, among others, attachment and garnishment proceedings, illegalities, counter-affidavits to any proceedings from said city court, statutory awards, proceedings against intruders and tenants holding over, partition of personalty, issues upon distress warrants, foreclosure of liens and mortgages and quo warrantos. City court established. Jurisdiction. Section 2. Be it further enacted by the authority aforesaid, that said city court of Washington shall be a court of record, shall have a seal and such minutes and records as are required by law to be kept in and for the superior courts shall, except as otherwise provided by this Act, be kept in and for said city court, and, except as otherwise provided by this Act, shall be kept in the same manner as in the superior courts, and all laws applicable to the duties of the clerks and sheriffs in the superior courts with respect thereto shall apply to them in said city court, except as otherwise provided in this Act. Court of record. Section 3. Be it further enacted by the authority aforesaid,

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that the sessions of the city court of Washington shall be held in the county court house in Washington in Wilkes county, and the board of commissioners of said county shall provide a place therefor and shall provide the necessary books for keeping the dockets, minutes and other records of said city court. Sessions, where held. Section 4. Be it further enacted by the authority aforesaid, that there shall be twelve terms of said city court during each year, each term to begin on the second Monday of the month and continue so long as may be necessary to transact the business of the court. The terms beginning on the second Mondays of January, April, July and October shall be known as the quarterly, or jury terms. Adjourned terms may also be held when, in the discretion of the judge of said court, it is deemed necessary for the transaction of the business of the court. Cases triable by jury shall be tried only at a quarterly term of said court, or at an adjourned term thereof, but said court shall always be open for receiving please of guilty and imposing sentences thereon in any and all criminal cases of which said court has jurisdiction, and the judge of said court is empowered and authorized to receive said pleas and impose sentences in said cases at any time. Terms. Section 5. Be it further enacted by the authority aforesaid, that suits in the city court of Washington shall be by petition, in form and substance the same as required in the superior courts, and shall be filed at least twenty days prior to the term to which brought, and service thereof shall be perfected at least fifteen days prior to said term, provided, that if service be made less than fifteen days prior to said term, said petition shall by operation of law be returnable to the next succeeding term of said court, and in cases where petitions have been so filed and served and the defendant, or defendants therein shall fail, on or before the first day of the term to which said suit is returnable, to file an answer,

Page 703

or other sufficient defense thereto, the court may give judgment immediately, without the intervention of a jury, in favor of the plaintiff, as in cases of default. Where an issuable defense is filed, and trial by jury demanded in the manner hereinafter provided, the case shall be continued for trial by jury at the next regular quarterly term of said court and then and there tried by jury, unless continued for cause. If a trial by jury is not so demanded, said case may be tried by and before the presiding judge, without the intervention of a jury, and judgment given at the first term, provided, that the presiding judge may in his discretion require any contested case tried by jury, and provided further, that the sufficiency of all pleadings may be determined at the first term, and, if the defendant's pleadings to striken, judgment may be entered up forthwith as in cases in default. Practice, and procedure. Defaults. Quarterly terms. Judge, jury, discretion. Section 6. Be it further enacted by the authority aforesaid, that the presiding judge in said city court of Washington is hereby authorized and empowered to hear and determine without a jury all cases, civil and criminal, of which said court has jurisdiction; provided always, that either party in any civil case, and the defendant in any criminal case, shall be entitled to trial by jury, if demanded, provided that in civil cases such demand shall be made in writing on or before the call of the case at the term to which the same is returnable, and in criminal cases, on or before arraignment, as elsewhere in this Act provided. Jury demand. Section 7. Be it further enacted by the authority aforesaid, that defendants in criminal cases in said city court of Washington (except in cases of presentments and indictments transferred from the superior court to said city court) shall be tried on written accusation setting forth plainly the offense charged, founded upon the affidavit of the prosecutor and signed by the solicitor of said city court. In the trial of all criminal cases on such accusations counsel for the State shall have the right, at any stage of the trial,

Page 704

to amend the allegations thereof, both in form and in substance, so far as to cure any legal or technical defect and to secure all allegations necessary to charge the crime alleged or make the allegations conform to the proof in order to avoid a variance of allegation and proof in the crime originally charged; provided, that the presiding judge may in such cases, if in his discretion the ends of justice so require, grant a continuance to the defendant on the ground of surprise. Accusations. Section 8. Be it further enacted by the authority aforesaid, that all rules of the superior court and laws applicable thereto relating to continuances, motions, pleadings and practice shall be applicable to said city court of Washington and shall obtain therein, unless otherwise provided in this Act, or inconsistent with the provisions thereof. Superior court rules. Section 9. Be it further enacted by the authority aforesaid, that there shall be a judge of said city court of Washington, who shall receive a salary of twelve hundred dollars per annum, which shall be paid monthly by the Board of Commissioners of Roads and Revenues of Wilkes county out of the general funds of said county, and it shall be the duty of said board of commissioners to make provision therefor annually by levying a tax sufficient for said purpose. Said judge must be at least twenty-eight years of age, must have been a resident of Wilkes county for at least three years preceding his election or appointment, and a practicing attorney at law for at least five years prior thereto. Before entering upon the discharge of his duties, he shall take and subscribe to the following oath: I do solemnly swear that I will administer justice without respect to persons and do equal right to rich and poor alike, and that I will faithfully and impartially perform and discharge all the duties which may be required of me as judge of the city court of Washington, in Wilkes county, of this State, according to the best of my ability and understanding,

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agreeable to the laws and Constitution of this State and the Constitution of the United States, so help me God. Said oath shall be immediately forwarded to the Governor and filed with the Executive Department. The judge of the city court of Washington shall not practice law in his own court, but may practice law in any other court, except in cases originating in said city court or having such relation thereto as will disqualify him from appearing as counsel therein. Judge, salary. Tax. Qualification. Oath. Filling. Practice of law. Section 10. Be it further enacted by the authority aforesaid, that the judge of the city court of Washington shall have the same power to enforce his orders, preserve order, punish for contempt and enforce all his judgments as is vested by law in the judges of the superior courts of this State. He shall have authority to issue criminal warrants, warrants to dispossess tenants holding over and intruders, to issue and dispose of distress warrants and generally to do all acts which the judges of the county courts are authorized to do, unless otherwise provided in this Act. He shall also have the same power to issue writs of habeas corpus and to hear and dispose of the same as a judge of the superior court has. He shall likewise have power to cause testimony to be taken and used de bene esse in cases within the jurisdiction of said city court for the purpose of perpetuating said testimony, according to the general laws of this State. Said judge, and all other officers of said court, shall have power respectively, to administer all oaths pertaining to their offices, as the judge and other officers of the superior courts may do. Said judge shall also have power to attest deeds and other papers and administer affidavits in all cases anywhere in this State which by existing laws may be attested and administered by justices of the peace. Said judge of the city court of Washington shall have all the powers and authority in said county of Wilkes as the judge of the superior court has, except where by laws exclusive powers and authority are vested in the judge of the superior court, and all laws relating to and governing judges of the superior

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courts shall apply to the judge of the city court of Washington in so far as the same may be applicable, except as herein otherwise provided. Judge, orders, power to enforce. Depositions. Affidavits. Section 11. Be it further enacted by the authority aforesaid, that the judge of said city court shall have the same power as to the appointment of bailiffs at each term of said city court as the judge of the superior courts have, and bailiffs so appointed shall be paid $2.00 a day for their services, to be paid as bailiffs are paid in the superior courts. Bailiffs. Section 12. Be it further enacted by the authority aforesaid, that the judge of said city court of Washington may appoint an official stenographer for said court who shall report such cases as the court may direct and receive the same fees therefor as are allowed for similar services in the superior courts, which shall be taxed and enforced in the same manner as the same are taxed and enforced in the superior courts. Stenographer. Section 13. Be it further enacted by the authority aforesaid, that all existing laws with respect to the appointment of judges pro hac vice in the superior courts and city courts of this State shall be applicable to said city court of Washington, and any judge of any other city court in this State may preside in the city court of Washington in the same manner as the superior court judges preside in the courts of one another and with authority to exercise all the powers, duties and functions of the judge of said city court of Washington. Pro hac vice. Section 14. Be it further enacted by the authority aforesaid, that there shall be a solicitor of said city court of Washington, who shall be elected at the same time and in the same manner as the judge thereof and who shall be the prosecuting officer of said city court. He must be at least twenty-four years of age, must have been a practicing attorney at law for at least two years and a resident of

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Wilkes county for at least three years at the time of his election, or appointment to said office. Before entering upon the discharge of the duties of said office, he shall give bond with good security in the sum of five hundred dollars conditioned for the faithful discharge of the duties of said office, and in addition to the oath required of all civil officers shall take and subscribe to the following oath: I do swear that I will faithfully and impartially, and without fear, favor or affection, discharge my duties as solicitor of the city court of Washington, so help me God. Said bond shall be payable to the Governor, shall be approved by the judge of said city court and shall, together with said oath, be entered on the minutes of said court and filed with the ordinary of Wilkes county, and may be sued upon by any person interested. If, for any cause, said solicitor shall be disqualified or unable to act in any case the judge of said court shall appoint a solicitor pro tempore therefor. Solicitor. Qualification. Bond. Oath. Filing. Section 15. Be it further enacted by the authority aforesaid, that it shall be the duty of the solicitor of said city court to presecute for all offenses cognizable before said court and to represent the State in all cases therein to which the State is a party and in all cases carried to the Supreme Court and to the Court of Appeals from said city court wherein the State is a party, and to perform all other duties that pertain to said office. Duties. Section 16. Be it further enacted by the authority aforesaid, that the fees of the solicitor of the city court of Washington shall be as follows: For every case founded on accusation finally disposed of in said city court, ten dollars; for every indictment or special presentment finally disposed of in said court, five dollars; for representing the State in cases carried to the Supreme Court and to the Court of Appeals from said city court, fifteen dollars in each case; for all other services the same fees as are allowed solicitors-general for like services in the superior courts; provided

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that, for his services in the Supreme Court and in the Court of Appeals, he shall be paid out of the State treasury by warrant drawn by the Governor upon the certificate of the clerk of the Supreme Court, or the clerk of the Court of Appeals, as the case may be, as to the performance of the services, and the certificate of the clerk of said city court of the insolvency or acquittal of the defendant; and provided further, that from and after January 1, 1942, the compensation of the solicitor of said city court from said fees, exclusive of fees for services in the Supreme Court and the Court of Appeals, shall not exceed the sum of one thousand dollars per annum, and provided further, that if and when he has received fees, exclusive of fees for services in the Supreme Court and the Courtl of Appeals, aggregating the sum of one thousand dollars in any calendar year, beginning with the year 1942, the remainder of said fees accruing during said calendar year shall be paid into the treasury of Wilkes county to go into its general fund, and shall thereafter be applied, first, to the payment of the expenses of said city court, and thereafter as the board of commissioners of said county shall see fit. Fees. Limitation. Section 17. Be it further enacted by the authority aforesaid, that immediately after the passage of this Act, the Governor shall appoint a judge and a solicitor of said city court of Washington, who shall hold office until January 1, 1943, and until their successors are elected and qualified. Beginning with the regular election for members of the General Assembly to be held in 1942, and regularly every four years thereafter at the regular election for members of the General Assembly, the judge and the solicitor of said city court shall be elected by the qualified voters of Wilkes county and commissioned by the Governor for a term of four years each, and until their successors are elected and qualified, the term of office of each to begin on the first day of January immediately following said election. Vacancies

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in either office by death, resignation or otherwise shall be filled by the Governor by appointment for the unexpired term. Appointment, election. Section 18. Be it further enacted by the authority aforesaid, that the clerk of the superior court of Wilkes county shall be the clerk of the city court of Washington and shall perform in and for said city court the same duties that are by law required of the clerk of the superior court so far as the same are applicable to said city court and do not conflict with the provisions of this Act. He shall, before entering upon the discharge of the duties of said office, take and subscribe to an oath before the judge of said court that he will faithfully and impartially perform the duties of said office, and execute a bond with good security in the sum of one thousand dollars conditioned for the faithful discharge of the duties of said office. Said oath and said bond shall be recorded on the minutes of said city court and filed in the office of the ordinary of said county. In the event the clerk of the superior court shall fail to qualify, the judge of said city court is authorized and empowered to appoint a clerk of said court. Clerk. Oath. Bond. Section 19. Be it further enacted by the authority aforesaid, that the fees of the clerk of the city court of Washington shall be as follows: In each criminal case tried in said court, or wherein a plea of guilty is entered, $5.00, which sum shall include all his fees therein. In civil cases; Where principal amount involved is $100.00, or less, $1.50 for whole service, except in cases of more than one defendant, then 50 cents additional for each additional copy of petition and process issued; where principal amount involved, or sued for, is more than $100.00, and less than $500.00, one-half the amount of the fees allowed clerks of the superior courts in like cases; and where the principal amount involved, or sued for, exceeds $500.00, the same fees as are allowed clerks of the superior courts in similar

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cases; provided that he shall not record any of the pleadings in any civil case unless requested to do so by counsel, or ordered to do so by the judge of said court, and for so doing when so requested, or ordered, and for recording and copying proceedings in bills of exceptions to the supreme court or to the Court of Appeals, he shall receive 15 cents per hundred words. Fees. Section 20. Be it further enacted by the authority aforesaid, that the sheriff of Wilkes county shall be sheriff of the city court of Washington. Before entering upon the discharge of the duties of said office he shall execute a bond with good security approved by the judge of said court in the sum of two thousand dollars, conditioned for the faithful discharge of the duties of said office. Said bond shall be recorded on the minutes of said court and filed with the ordinary of Wilkes county. Said sheriff shall have power, by and with the consent of the judge of said court, to appoint a deputy or deputies. In the event the sheriff of Wilkes county shall fail to qualify as sheriff of said city court the judge of said court shall appoint a sheriff for said city court. Sheriff. Bond. Deputies. Section 21. Be it further enacted by the authority aforesaid, that the fees of the sheriff of said city court of Washington shall be as follows: In criminal cases, the same fees as are allowed him for similar services in the superior court. In civil cases, where the principal sum involved, or sued for, is $100.00, or less, $1.50 for serving first defendant, and 50 cents each for other defendants, where more than one, and same fees for serving witnesses with subpoenas as are allowed sheriffs for same service in the superior courts; in cases where the principal amount involved, or sued for, is more than $100.00, and less than $500.00, one-half the amounts of the fees allowed sheriffs in the superior courts, and where the principal amount involved, or sued for, exceeds $500.00, the same fees as are allowed sheriffs in the superior courts. Fees.

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Section 22. Be it further enacted by the authority aforesaid, that all the duties and liabilities attached to the office of the clerk of the superior court and to the office of the sheriff of Wilkes county shall attach to the office of the clerk of said city court of Washington and to the office of the sheriff thereof, respectively, and the judge of said city court is empowered to exercise the same authority over the clerk and sheriff and his deputies of said city court as is exercised by the judge of the superior courts over the clerks of the superior courts and the sheriffs of the counties of Georgia. Duties and liabilities. Section 23. Be it further enacted by the authority aforesaid, that all fines and forfeitures imposed and collected by said court of Washington shall be paid by the clerk of said court into the treasury of Wilkes county and shall constitute the insolvent fund of said city court, from which shall be paid pro rata on warrant or order of the judge of said city court to the solicitor, clerk and sheriff of said court, and such other officers as are entitled to participate therein, upon their respective insolvent bills approved by the judge of said city court; provided that said insolvent cost bills shall be paid only from funds derived from fines and forfeitures imposed and collected for the calendar year in which said bills accrued; and provided further, that so much of said fund as originates from cases transferred from the superior court to said city court shall be prorated in like manner among the solicitor-general, the clerk and sheriff of the superior court, and other officers entitled to costs in said transferred cases, on their insolvent bills approved by the judge of said city court. Said insolvent funds of said city court shall be kept separate from all other funds in the treasury of said county, and there shall be an annual accounting between the clerk of said city court and the Board of Commissioners of Roads and Revenues of Wilkes county as to said insolvent funds, and such part thereof as is left undisposed of at the end of each calendar year, after payment of all approved insolvent bills accruing during that

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year, shall be covered into the general fund of said county and applied first to the payment of the expenses of said city court of Washington and thereafter as said board of commissioners shall direct, as hereinbefore provided. Fines and forfeitures. Costs. Section 24. Be it further enacted by the authority aforesaid, that the clerk of said city court shall prepare and file in his office a complete copy of the traverse jury list of the superior court of Wilkes county as the same is provided from time to time for said superior court. From said list traverse jurors shall be drawn for service in the city court of Washington in the following manner: Said clerk shall write upon separate pieces of paper the names of the traverse jurors and place the same in a jury box provided by him for said purpose, similar to the traverse jury box of the superior court, from which shall be drawn all traverse jurors for said city court in the same manner as now required by law in the superior courts. All laws with respect to drawing and summoning traverse jurors in the superior court shall apply to said city court, except as herein otherwise provided, and jurors serving in said city court shall receive the same pay and be paid in the same manner and under the same rules and regulations as jurors in the superior court of Wilkes county are paid, or may hereafter be paid. Jury list. Section 25. Be it further enacted by the authority aforesaid, that all laws in reference to qualifying, empanneling, challenging and fining 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 Washington, except when inconsistent with the provisions of this Act. Impaneling. Section 26. Be it further enacted by the authority aforesaid, that in the trial of all cases, civil and criminal, in said city court of Washington, in which trial by jury is demanded, it shall be the practice, unless otherwise demanded,

Page 713

to try the same by a jury of six members selected from a panel of twelve qualified jurors, from which the plaintiff and the defendant, in civil cases, shall be entitled to three peremptory strikes each, and in criminal cases, the defendant shall be entitled to four peremptory strikes and the state to two, and the remaining six jurors shall constitute the jury to try the issue; provided always, that in demands for jury trials, either party in civil cases, and the accused in criminal cases, shall be entitled to trial by a jury of twelve, if so specified in the demand for jury trial, in which case a panel of twenty-four qualified jurors shall be furnished, with the same rights as to the number of peremptory strikes as fixed by law for the superior courts. Jury, strikes. Demand for Jury trial. Section 27. Be it further enacted by the authority aforesaid, that the commencement of suits in the city court of Washington shall be conformable in all respects to the mode of procedure in like cases in the superior courts, except as otherwise provided in this Act. Process shall be annexed by the clerk of said court, attested in the name of the judge thereof and directed to and served by the sheriff and his deputies of said city court. The general laws of this State with respect to the commencement of suits in the superior courts, defenses, set-offs, affidavits of illegality, arbitration, examination of witnesses and parties by deposition or interrogatories, or under subpoena, or otherwise, including testimony de bene esse, continuances and other matters of a judicial nature within the jurisdiction of said city court shall be applicable to said city court, unless otherwise provided in this Act or inconsistent with the provisions thereof. It shall be competent to make additional parties in suits or other proceedings in said city court when necessary, and parties may make defenses on all grounds, legal or equitable, just as in the superior courts of this State, and, unless otherwise provided by this Act, or inconsistent with the provisions

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thereof, the jurisdiction, methods and proceedings in said city court shall be the same in every respect as in the superior courts of this State. Procedure. Making parties. Section 28. Be it further enacted by the authority aforesaid, that all criminal cases in said city court, including those transferred from the superior court of Wilkes county, may be tried by the judge of said city court without the intervention of a jury, unless a jury is demanded by the defendant. Before the defendant is arraigned, either on an indictment, special presentment or accusation, the presiding judge shall inquire of the defendant whether he demands a trial by jury, and the response of the defendant shall be entered on the indictment, presentment or accusation by counsel for the State. If the defendant demands a trial by jury, and said court is not sitting at a quarterly term, the judge shall admit the defendant to bail to appear at the next quarterly term, or on his failure to give bond, shall commit him to jail to await trial at a quarterly term. If the defendant waives trial by jury, the judge may proceed to hear and determine said case without the intervention of a jury, provided, that a reasonable time shall be given to procure witnesses and prepare for trial. If, upon the trial of any criminal case, it shall appear that the evidence makes the case against the defendant a felony, the trial judge shall suspend the trial and commit the defendant to the superior court as in cases of preliminary examinations. Demand for jury. Bail. Commitment by city court. Section 29. Be it further enacted by the authority aforesaid, that the judge of the superior court of Wilkes county shall at the close of each session thereof transmit to said city court of Washington for trial all presentments and bills of indictment found by the grand jury for offenses within the jurisdiction of said city court which are then pending and undisposed of in said superior court. The order so transmitting such cases shall be entered on the minutes of both courts, and all bonds returnable to the superior

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court shall follow the cases so transmitted to said city court and the defendants in such cases shall be bound to appear in said city court at the first term after such cases are so transmitted to said court. In each transferred case the cost of the solicitor-general of the circuit shall be $5.00, to be collected and paid as other costs in said city court. Transfer of criminal cases. Costs. Section 30. Be it further enacted by the authority aforesaid, that it shall be the duty of all committing courts of Wilkes county to bind over to said city court of Washington for trial, or to commit to said city court for trial by said city court, all persons admitted to bail or committed by them for misdemeanors committed in said county, provided, that all persons charged with such offenses in said county may be brought directly before the judge of said city court for trial without any previous committing trial. Whenever any person is committed to jail in Wilkes county for an offense within the jurisdiction of said city court, it shall be the duty of the jailor to communicate that fact to the judge and the solicitor of said city court as soon as practicable, and it shall be the duty of the judge on receiving such information to grant as speedy a trial as the circumstances of the case will permit. Commitment to city court. Speedy trial. Section 31. Be it further enacted by the authority aforesaid, that said city court of Washington shall have jurisdiction of all criminal cases of the grade of misdemeanor arising in Wilkes county under the Public Safety Act, commonly called the Georgia State Highway Patrol Act of 1937, and all acts ancillary thereto and amendatory thereof. Misdemeanors. Section 32. Be it further enacted by the authority aforesaid, that judgments from the city court of Washington shall have the same dignity as that provided by law for judgments obtained in the superior courts, and all laws fixing the lien of judgments from the superior courts and providing for their enforcement shall apply to judgments from said city court, and executions shall issue and be levied and

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sales be had thereunder in the same manner and under the same rules and laws governing the same in the superior courts, unless otherwise provided in this Act. Judgments, dignity. Section 33. Be it further enacted by the authority aforesaid, that all executions issuing from said city court of Washington shall be attested in the name of the judge thereof, signed by the clerk and directed to the sheriff and his deputies of said city court, and all and singular the sheriffs and their deputies of this State. All sales made under execution, or other process, from said city court, except under executions issued on judgments for the principal sum of one hundred dollars, or less, shall be made under the same rules that govern sales under like judgments and processes from the superior courts. Sales under execution, or other process, for the principal sum of one hundred dollars, or less, may be made after advertisement for ten days at three or more public places in Wilkes county. Fi fa. Section 34. Be it further enacted by the authority aforesaid, that when any execution issued from said city court of Washington shall be levied on any realty in this State and claim be filed thereto it shall be returned to the superior court of the county where such realty lies for trial, as other claim cases are returned to the superior court for trial. Claims, realty. Section 35. Be it further enacted by the authority aforesaid, that said city court of Washington shall have jurisdiction of all claim cases where personal property is levied on under process from said city court, and of all issues made upon proceedings to forfeit bonds taken in cases in said city court or transferred thereto, and to forfeit bonds and recognizances given by persons charged with penal offences, or by a prosecutor to prosecute, or by a witness to appear and testify, in cases in said city court, in the same manner as practiced in the superior courts of this State. Claims, personality. Forfeitures. Section 36. Be it further enacted by the authority aforesaid,

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that scire facias to make parties in any case in said city court of Washington and revive judgments therefrom shall be as in the superior courts, and where such scire facias shall run throughout the State, it may be served by any sheriff or his deputy, and where any writ or other process of said city court is to be served in any other county than Wilkes, it shall be served by the same officers of the county of service as may be authorized to serve processes from the superior court, and parties out of the State may be served in the same manner as in the superior courts. Scire facias. Section 37. Be it further enacted by the authority aforesaid, that all suits within the jurisdiction of said city court of Washington against joint obligors, joint promissors, co-partners and joint treaspassers, in which any one or more reside in Wilkes county, may be brought therein 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 therewith. Joint defendants. Section 38. Be it further enacted by the authority aforesaid, that all laws upon the subject of attachments and garnishments as to any matter whatever in the superior courts of this State shall also apply to said city court of Washington in so far as the nature of said city court will admit, and officers authorized by law to issue attachments may issue the same returnable to said city court under the same laws that govern the issuing of attachments returnable to the superior court. Garnishment proceedings in said city court shall be conformable to the laws of the State on the subject of garnishments in the superior courts. In garnishment proceedings based on suits pending in said city court, or on judgments obtained therein, against persons residing in another county, the person served with summons of garnishment residing in a different county from Wilkes, shall be required to answer in the superior court of the county of his residence in the manner now provided by law. Attachments and garnishments.

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Section 39. Be it further enacted by the authority aforesaid, that the judge of said city court of Washington 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 rules and regulations as govern the granting of new trials in the superior courts, and all rules of pleading, practice and procedure governing motions, rules nisi and other proceedings in new trials in the superior courts shall apply and govern the same in said city court, unless otherwise provided in this Act. New trials. Section 40. Be it further enacted by the authority aforesaid, that a writ of error shall lie from said city court of Washington to the Supreme Court of Georgia and to the Court of Appeals of Georgia upon a bill of exceptions filed under the same rules and regulations as govern and control the issuing of writs of error and filing bills of exceptions in the superior courts of this State. Writ of error. Section 41. Be it further enacted by the authority aforesaid, that all laws now of force in this State, and that may hereafter be passed, in reference to any matter over which the city court of Washington has jurisdiction, shall apply to said city court so far as the nature of the same will admit. General Laws. Section 42. Be it further enacted by the authority aforesaid, that this Act shall go into effect on the first day of April, 1941, and the provisions thereof be and become effective on and after that date. Effective date. Section 43. Be it further enacted by the authority aforesaid, that if any of the provisions of this Act shall be held to be unconstitutional by any court of competent jurisdiction, the same shall not affect nor impair any of the remaining provisions thereof. Constitutionality. Section 44. 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 Wilkes County voting

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in the general election held in June, 1941. All persons voting at said election shall have written or printed on their ballots the words For the establishing of the City Court of Washington in and for the county of Wilkes and Against the establishing of the City Court of Washington in and for the county of Wilkes. Should a majority of those voting in said election vote For the establishing of the City Court of Washington in and for the county of Wilkes, 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 the establishing of the City Court of Washington in and for the county of Wilkes, 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 within five days from the date of the holding of said election. Referendum. Section 45. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with any of the provisions of this Act be, and the same are hereby repealed. Approved March 27, 1941. WRIGHTSVILLE CITY COURTJUDGE AND SOLICITOR'S OFFICE. No. 100. An Act To amend an Act entitled An Act to establish the City Court of Wrightsville, in Johnson County Georgia; to define its jurisdiction and powers, to provide for the election of Judge and Solicitor, and to provide for other officers of said Court; to define the duties and powers of all officers thereof, to provide for the salaries and fees; to provide for the granting of new trial therein, and writs of error therefrom, and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same. That from and after the passage of this Act, that the Act creating the City Court of Wrightsville, entitled An Act to establish the City Court of Wrightsville, in Johnson County Georgia; to define its jurisdiction and powers, to provide for the election of Judge and Solicitor, and to provide for other officers of said Court; to define the duties and powers of all officers thereof; to provide for the salaries and fees; to provide for the salaries and fees; to provide for the granting of new trials therein, and writs of error therefrom, and for other purposes, Approved August 19th, 1912, be and the same is hereby amended by adding to said act, the following Section, to be known as Section 46-A. Act of 1912 amended. Section 46-A. Be it further enacted that the County Commissioners of said Johnson County, or other authorities having charge of County matters, shall furnish the Judge and Solicitor of said City Court of Wrightsville each an office, in said County Courthouse and shall also furnish such legal blanks and other necessary papers and office supplies in general for the effectual performance of the duties of such Judge and Solicitor of said Court. County to furnish office. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and they are hereby repealed. Approved February 26, 1941.

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TITLE II. COUNTIES AND COUNTY MATTERS. ACTS. Appling CommissionerAmendments. Appling Tax-Commissioner's Office CreatedTax Receiver and Tax Collector Abolished. Atkinson CommissionerActs RepealedReferendum. Atkinson Commissioner's Office CreatedReferendum. Banks CommissionersCompensation. Banks CommissionersElectionTax Distribution. Barrow Commissioner's Office CreatedReferendum. Bibb CommissionersLicenses and Zoning. Bibb Tax-Commissioner's Office CreatedTax Receiver and Tax Collector Consolidated. Boundary Line Between Towns and Union Counties Changed. Brooks County Sheriff's Bond Reduced. Bryan CommissionersAct Repealed. Bryan Commissioner's Office Created. Bryan Commissioner'sZoning. BryanU. S. Coast and Geodetic Survey System Adopted. Burke Commissioner's Clerk. Butts CommissionersAct Repealed. Butts Commissioner's Office Created. Butts CountySheriff's Bond Reduced. Camden CommissionersAct Repealed. Camden Commissioner's Office Created. Carroll Hospital and Health Board Established. Charlton CommissionersAmendment. Chatham County Pension BoardAct Amended. Chattahoochee Sheriff's Bond Reduced. Clarke County Department of HealthAct Amended. Clayton CommissionersAmendments. Clayton Tax CommissionerClerkBondSalary. Columbia CommissionersCompensation. Coweta County SurveyorSupplies and Equipment. CrawfordClerk's Bond Reduced. DeKalb County Depository. DeKalb Tax-CommissionerCompensation. Dodge CommissionersAmendment Repealed. Dougherty Board of Commissioner's CreatedReferendum. Elbert County School SuperintendentAnnual Statement to be Published.

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Fulton CountyPension to John W. Ball, Sr. Fulton County PensionsAct Amended. Fulton Planning CommissionAct Amended. Fulton Planning CommissionAmendment. Glascock CommissionersAmendment Repealed. Glascock CommissionersCompensation. Glynn CommissionersAuthority to Sell Land. Glynn CommissionersLicenses and Occupation Taxes. Gwinnett Treasurer's SalaryReferendum. Haralson TreasurerSalary Changed. Heard Commissioner's Office CreatedReferendum. Henry Tax CommissionerCompensation. Jackson Justices of the PeaceCompensation in Criminal Cases. Jeff DavisCounty Custodian's Office Created. Jeff DavisCounty Depository Abolished. Johnson CommissionersAct Repealed. Johnson Commissioner's Office Created. Lanier CommissionersSalaries Fixed. Laurens CommissionersAmendment Repealed. Laurens CommissionersPublication. Liberty CommissionersZoning. LibertyU. S. Coast and Geodetic Survey Adopted. Lincoln Treasurer's Salary Increased. Long County Attorney. Madison County Sheriff's Bond Reduced. Madison Tax CommissionerCompensation. Marion CommissionersAmendment Repealed. Marion Commissioner's Office Created. McIntosh CountyFishing. McIntosh Live Stock Dealers Act Repealed. Muscogee Department of Public Health. Newton Sheriff Authorized to Hold Office of County Police. Oconee Sheriff's Bond Reduced. Oglethorpe Sheriff's Bond Reduced. Pierce CommissionersClerk's Salary. Rockdale CommissionersAct RepealedReferendum. Rockdale Commissioner's Office Created. Screven Treasurer's SalaryReferendum. Spalding CommissionersZoning. Spalding Sheriff's Bond Reduced. Stephens Tax CommissionerCompensation. Sumter Sheriff's Bond Reduced. Tattnall CommissionersAct Amended. Tattnall Sheriff's Bond Reduced.

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Union Board of Commissioners CreatedReferendum. Walker CommissionerClerical Assistance and Clerk. Walker Sheriff's Bond Reduced. Washington Primary Elections. Washington Tax CommissionerCompensationReferendum. Webster Sheriff's Bond Reduced. Wilcox CommissionersTime of Meeting Changed. Wilcox Tax Commissioner's Office CreatedTax Receiver and Tax Collectors Office AbolishedReferendum. WilcoxTreasurer's Office Abolished. Worth Commissioners Districts. APPLING COMMISSIONERAMENDMENTS. No. 318. An Act To amend an act to create the office of Commissioner of Roads and Revenues for Appling County, and 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 to provide for his compensation; to provide for a clerk for said Commissioner and compensation for said clerk; to provide for the 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 auditing of his books, and for other purposes, and this is to amend the Act approved March 24, 1939, creating the present Board of Roads and Revenues for Appling County and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Section 5 be amended, and at the end of line 2 of said section, the following to be added:

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And that in addition to the salary herein provided for that said Commissioner shall be paid all legitimately incurred traveling expenses outside Appling County in carrying into effect the duties of his office, and all of said expenses to be itemized and sworn to before payment shall be made, and to be approved by the Commissioner, the Clerk, and Ordinary, as officials of said Board of Commissioners of Roads and Revenues. Traveling expenses. And when said Section 5 shall be so amended it shall read as follows: Section 1. That the salary of said Commissioner shall be Twenty-Four Hundred ($2,400.00) Dollars per annum, and that in addition to the salary herein provided for that said Commissioner shall be paid all legitimately incurred traveling expenses outside Appling County incident in carrying into effect the duties of his office, and all of said traveling expenses to be itemized and sworn to before payment shall be made, and to be approved by the Commissioner, the Clerk and Ordinary, as officials of said Board of Commissioners of Roads and Revenues, to be paid monthly out of the treasury of said county. Compensation. 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. Clerk. Section 2. Be it further enacted by the authority aforesaid, that Section 16 of the Act sought to be amended by this Bill, be and is hereby amended as follows: That after the word office in the 8th line of Section 16, that same be amended as follows: Provided that before said Commissioner shall be removed from office as provided herein, that he shall have a right to appear before said Grand Jury, and if the decision of the Grand Jury should be adverse of said Commissioner,

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he shall have a right to appeal to the Judge of the Superior Court of said county to review the evidence before the Grand Jury to affirm or disaffirm the findings of the Grand Jury regarding said Commissioner, and if and in the event the judgment of the Judge of the Superior Court should be adverse to said Commissioner, then the Commissioner shall be automatically suspended from office. The Judge of the Superior Court shall then appoint a Commissioner to fill the unexpired term, said appointee to carry out all the duties of the office until the next regular election. The decision of the Judge of the Superior Court shall be final and absolute. And when said section is so amended it shall read as follows: 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 majority 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, provided that before said Commissioner shall be removed from office as provided herein, that he shall have a right to appear before the said Grand Jury and defend himself against any charge, or charges, that may be presented by the Grand Jury, or any other person, and if the decision of the Grand Jury shall be adverse of said Commissioner, he shall have a right to appeal to the Judge of the Superior Court of said county to review the evidence before the Grand Jury to affirm or disaffirm the findings of the Grand Jury regarding said Commissioner, and if and in the event the judgment of the charge of the Superior Court should be adverse to said Commissioner, then the Commissioner shall be automatically suspended from office. The Judge of the Superior Court shall then appoint a Commissioner to fill the unexpired

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term, said appointee to carry out all the duties of the office until the next regular election. The decision of the Judge of the Superior Court of Appling County shall be final and absolute. Inquiry by grand jury. Section 3. All warrants, vouchers, checks, contracts, and other obligations issued or incurred in the fulfillment of the duties of this office shall not be binding or valid unless signed by the Commissioner, the Ordinary and the Clerk of the Superior Court of the county of Appling. 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 27, 1941. APPLING TAX COMMISSIONER'S OFFICE CREATEDTAX RECEIVER AND TAX COLLECTOR ABOLISHED. No. 441. An Act To abolish the office of Tax-Receiver and Tax-Collector of Appling County, Georgia; to create the office of County Tax-Commissioner of Appling County, Georgia; to fix the term and compensation of said officer; to provide that the laws of force as to Tax-Receiver and Tax-Collector, when the provisions of this Act become effective, shall be of full force and effect as to such County Tax-Commissioner so far as the same are applicable; to provide that all taxes due at the time the provisions of this Act become effective and all Tax Fi. Fas. Theretofore issued shall have full force and effect and be collected as issued; to provide that all fees and commissions and other compensations that would be paid to or collected by the Tax Receiver and Tax-Collector, were it not for the provisions of this Act, shall be collected and set aside

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by the Tax-Commissioner herein provided for and by him paid into the Treasury of Appling County, Georgia; to provide for the election of said County Tax-Commissioner and the method of filling vacancies; to provide for his giving bond; to provide for putting into effect Article Eleven (11), Section three (3), Paragraph One (1), and Amendments thereto; to provide an effective date for 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 offices of tax-receiver and tax-collector of Appling County, Georgia, are hereby abolished, and the duties of the two said offices are hereby consolidated into one office. Offices abolished. Section 2. Be it further enacted by the authority aforesaid, that the office of county tax-commissioner of Appling County, Georgia, is hereby created in lieu of said abolished offices, and the rights, duties, and liabilities of said office of county tax-commissioner of Appling County, Georgia, shall be the same as the rights, duties, and liabilities of the tax-receiver and tax-collector of said county in so far as the same are applicable. The qualifications of said tax-commissioner shall be the same as those prescribed for tax-collector. Tax-commissioner's office created. 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. theretofore issued by the tax-collector of Appling County, shall have full force and effect, and be collectible as issued. Taxes 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 Appling County, at the time this Act becomes effective, or that might thereafter be legally allowed such officers were it not for the provisions of this Act, shall be collected by said county tax-commissioner and paid into the treasury of Appling County, Georgia. Fees.

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Section 5. Be it further enacted by the authority aforesaid, that the compensation of the said county tax-commissioner of Appling County, Georgia, shall be a sum equal to fifty (50%) per cent of the fees, commissions, and other compensation so collected and turned into the county treasury as provided in section 4, and the same shall be paid to said county tax-commissioner by the Commissioner of Roads and Revenues of Appling County, or other officer having charge of said county treasury, when and as paid into said treasury by said county tax-commissioner. Compensation. 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 same oath and give the same bond as is now or may hereafter be required of tax-collectors. Oath. Section 7. Be it further enacted by the authority aforesaid, that the first election of county tax-commissioner of Appling County, Georgia, shall be held at the same time and under the same laws as other county officers are now elected at the general election to be held for county officers in 1944, and quadrennially thereafter, and the person so elected shall enter upon his duties hereby created on January 1, 1945, and shall serve for a term of four years. Vacancies shall be filled in the same manner as vacancies are filled in office of clerk of the superior court. Election. Section 8. Be it further enacted by the authority aforesaid, that if for any reason any portion of this Act shall be held by the court of last resort of this State to be unconstitutional, the whole of this Act shall not thereby become void, but only so much of the same as may be so held unconstitutional; the purpose of this Act being to put into effect those portions of the Constitution of this State as contained in article eleven (11), section three (3), paragraph one (1), and amendments thereto.

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Section 9. Be it further enacted by the authority aforesaid that this Act shall become effective on January 1, 1945. Effective date. Section 10. Be it enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 27, 1941. ATKINSON COMMISSIONERACTS REPEALEDREFERENDUM. No. 365. Atkinson County Commissioner Repealing Act. Section 1. An Act to repeal an Act 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, approved July 23, 1931 (Ga. Laws 1931, pp. 380, 381, 382, 383, 384, 385; and to repeal an Act approved Feb. 23, 1939 (Ga. Laws 1939, pp. 507, 508, 509, entitled Atkinson County Commissioner's and Advisors' Salaries, be and the same are both hereby repealed. Acts repealed. Section 2. The Ordinary of Atkinson County shall call an election to be held on the 3rd day of May, 1941, for the purpose of submitting to the qualified voters of said county the ratification or rejection of this Act. Notice of said election shall be published by the Ordinary at least once 30 days prior to the date of holding said election in the newspapers in said county in which sheriffs' advertisements are

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published. At said election, all persons who favor the adoption of this Act shall have written or printed on their ballots the words: for abolishing the office of Commissioner of Roads and Revenues in the County of Atkinson, and all persons who are opposed to the adoption of this Act shall have written or printed on their ballots the words: against abolishing the office of Commissioner of Roads and Revenues in the County of Atkinson. If a majority of the registered qualified voters of the County of Atkinson, voting in said election, vote in favor of abolishing the office of Commissioner of Roads and Revenues in the County of Atkinson, then this Act shall go into effect on the 5th day of May following said election. If a majority of the registered qualified voters of the County of Atkinson, voting in said election, vote against the office of Commissioner of Roads and Revenues in the County of Atkinson, then this Act shall be null and void and of no effect. Election. Section 3. Be it 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 27, 1941. ATKINSON COMMISSIONER'S OFFICE CREATEDREFERENDUM. No. 402. An Act To create a Board of Commissioners of Roads and Revenues in and for the County of Atkinson, State of Georgia, consisting of three members; to define their qualifications, powers, and duties and to provide for their compensation; to prescribe their terms of office, the manner of their appointment and election, and the manner in which vacancies shall be filled; to provide for the appointment and election of a chairman of said board of

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commissioners, and to prescribe his duties and powers and provide for his compensation; to provide for a clerk of said board and his compensation; to provide for a county attorney and his compensation, and all other employees of the county, to prescribe their duties and powers and for their compensation; to fix the time of meeting of said board; to provide for annual audits of all county officers handling any County funds, to provide for a referendum; to provide an effective date for 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 a Board of Commissioners of Roads and Revenues in and for the County of Atkinson is hereby created, and is to consist of three members. Said Commissioners shall be at least twenty-one years of age, of good moral character, and qualified voters and bona fide residents of the district in which they reside. Board Created. Section 2. Be it further enacted by the authority aforesaid, that Atkinson County shall be divided into three commissioner's districts, and each district shall be entitled to one commissioner. Said districts to be constituted as follows, to-wit: First commissioner's district shall be composed of the 1130th militia district, known as the Pearson district. County divided into districts. Second commissioner's district shall be composed of the 1353 militia district, known as the Axson district. Third commissioner's district shall be composed of the 1026 militia district, known as the Willacoochee district. 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: Board members, named. First Commissioner's District (Pearson District) Martin Corbett

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Second Commissioner's District (Axon District) Oliver White Third Commissioner's District (Willacoochee District) W. R. Guthrie The Chairman of the Board of Commissioners shall be elected by a majority vote of said commissioners. That said commissioners shall hold their respective offices until December 31, 1944, 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 Commissioners of Roads of Revenue of Atkinson County, during my continuance in office according to law and to the best of my knowledge and ability, without fear or affection of 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 ($1000.00) dollars, each, except the Chairman of said board, who shall give a bond in the sum of Ten Thousand ($10,000) dollars, in a good and solvent fidelity and guaranty company, payable to the Ordinary of said county and his successors in office, conditioned upon the faithful discharge of the duties of his office, which shall be duly filed and recorded in the office of the Ordinary of said county, as the bond of other county officers. The premium on said bonds shall be paid out of the general funds of said county for each commissioner. Said Commissioners shall each be commissioned by the Governor of the State, and all future commissioners shall be commissioned likewise. Term of office. Oath. Bond. Section 4. Be it further enacted by the authority aforesaid, that on the day the general election is held in said

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county for the election of State house officers, beginning with the year 1944, there shall be an election to elect three commissioners from the districts as provided in this Act. Each District shall elect its respective Commissioner by a vote of the qualified voters of each commissioner's district. The commissioners elected shall select the chairman from their body by a majority vote. Should a vacancy occur in the membership of said board, by death, resignation, or otherwise, the Ordinary of Atkinson County shall be advised by the board, and in the event the Ordinary shall call an election within twenty days for the purpose of electing 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. Section 5. 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, 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 Aug. 15, 1910, and in paragraphs one to nine inclusive, set out under said section of said Code, and also over the following matters, to-wit; examining and approving all the bonds of all the county officers, except as otherwise provided by law, approving and directing the payment of all indebtedness due by the county supervising the tax collectors 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 disgest of said county for the correction of errors therein, and granting reliefs for such errors; establishing and maintaining a chaingang for the county, and working said chaingang 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 works of said county; to employ a warden and guards, and other employees of

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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 warrants, or other obligations in the county's name therefor; employing a janitor for the courthouse-county physician when needed, 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. Commissioner's jurisdiction. Section 6. Be it enacted by the authority aforesaid, that the Chairman of the Board of Roads and Revenues for said county shall receive exactly $100.00 per month for his services, and the other commissioners shall receive $20.00 per month for their services; said members of the said board shall receive no other compensation whatever. Said salaries shall be paid monthly. Two 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. No commissioner shall sell directly or indirectly to the county or buy or deal in county warrants or jury scrip. Compensation. Section 7. Be it further enacted by the authority aforesaid, that if, and while the county maintains a county chaingang and works on its public roads and other public works, said commissioners shall employ a warden, in pursuance with rules of the Prison Commission and the general laws of the State, whose duty it shall be to work said convicts under the instructions 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. Warden to be employed.

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Section 8. Be it further enacted by the authority aforesaid, that the regular monthly meeting of said commissioners of roads and revenues of said county shall be on the first Monday in each month, and shall be held in the court-house of Atkinson County at Pearson, Georgia, and may adjourn from day to day and may hold special or call sessions when necessary. All contracts and purchases must be made at this time and place. Meetings. Section 9. Be it further enacted by the authority aforesaid, that the Chairman of said board shall hold the office of chairman until his successor is elected and qualified as set out in section three of this Act. Section 10. 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, 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 meeting of the board of commissioners of roads and revenues thereafter; he shall be the custodian of all property of the county used by the road and bridge forces, and he shall be charged with the duty of its safe keeping, and shall see that it is not wasted or used for private purposes; he shall see that the convicts of the county used on 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 all regular and special meetings of said board, and shall sign all orders, checks and warrants as chairman of said board, and he shall see that the meeting of said board is conducted in an orderly manner and that the law is enforced, and in his absence the board

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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 shall at each regular meeting of said board submit a report of the conditions of the county affairs, and make to such board such recommendations as he may deem proper. Duties of chairman. Section 11. Be it further enacted by the authority aforesaid, that at the first regular meeting to be held after the enactment of this bill, and at each regular meeting in January of each year thereafter the board shall appoint, for the ensuing year, a clerk, county attorney, and all other county employees that shall come under their supervision and that they have the authority and power to employ, as they may deem necessary, whose term of office shall be for one year, and said board shall have power to remove any such employee for cause, as they may deem proper, and they shall fix the salary of the clerk of said board at $50.00 per annum payable in monthly installments; and they shall fix the salary of the attorney for said board at $40.00 per annum payable in monthly installments; and the said board shall fix the salaries of all other employees at a figure that shall seem reasonable and fair in proportion to the work they do. Clerk, county attorney and employees to be appointed. Section 12. Be it further enacted by the authority aforesaid that no one shall be eligible to hold the office of clerk to the commissioners who holds any other elective or appointive office of the county; and said clerk must be at least twenty-one years of age and have some knowledge of book-keeping and said clerk shall give a fidelity bond in the sum of $3000.00 which shall be paid by the county, and no one shall be eligible to hold the office of county attorney who is not a bona fide resident of the county and lives and votes in said county. Clerk and county attorney; eligibility.

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Section 13. Be it further enacted by the authority aforesaid that said board shall cause an audit to be made annually of the books and accounts of all officers of said county, the expense of same to be paid by the commissioners out of the general fund of the county. Audit annually. Section 14. Be it further enacted by the authority aforesaid, that if any part of this Act should be declared unconstitutional by the Courts, the remaining portion or part of said Act shall remain in full force and effect. Section 15. The Ordinary of Atkinson County shall call an election to be held on the 3rd, day of May, 1941, for the purpose of submitting to the qualified voters of said County the ratification or rejection of this Act. Notice of said election shall be published by the Ordinary at least once 30 days pior to the date of holding said election in the newspaper in said county in which sheriffs' advertisements are published. At said election, all persons who favor the adoption of this Act shall have written or printed on their ballots, the words: for the creation of a Board of Commissioners of Roads and Revenues for the County of Atkinson, and all persons who are opposed to the adoption of this Act shall have written or printed on their ballots, the words: against the creation of a Board of Commissioners of Roads and Revenues for the County of Atkinson. If a majority of the registered qualified voters of the County of Atkinson, voting in said election, vote in favor of the creation of a Board of Commissioners of Roads and Revenues for the County of Atkinson, then this Act shall go into effect on the 5th, day of May following said election. Referendum. Section 16. If a majority of the registered qualified voters of the County of Atkinson, voting in said election, vote against the creation of a Board of Commissioners of Roads and Revenues for the County of Atkinson, then this Act shall be null, void and of no effect. Approved March 27, 1941.

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BANKS COMMISSIONERSCOMPENSATION. No. 431. An Act to Amend Act to create a Board of Commissioners of Roads and Revenues for Banks County; to define their powers and prescribe their qualifications; to provide for their election, the term for which they shall be elected, and other purposes, pertaining to county matters, as found in Georgia Laws 1916, page 349, and Approved August 19, 1916, and as amended by An Act to amend an Act to create a Board of Commissioners of Roads and Revenues of Banks County, approved August 19, 1916, and amended August 15, and 21, 1917 so as to provide the manner of fixing the salary of the members of the Board of Commissioners of Roads and Revenues of Banks County, and for other purposes, as found in Georgia Laws Acts 1920, page, 440, and approved August 9, 1920 and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it hereby enacted by the authority of the Same, that all of Section One of the Act to Amend the Act of 1916, as amended by said Act of 1920, found on pages 440, Acts 1920, fixing the salary of the members of the said Board of Commissioners of Roads and Revenues for said Banks County, be and the same is stricken in its entirety. Act repealed. Section 2. Be it further enacted by the authority aforesaid that the following section shall be substituted in lieu of said original Section eight of said Act, to wit: Section eightBe it further enacted by the authority aforesaid, that the members of the Board of Commissioners hereby created shall receive the following salaries to wit: The Chairman of said Board shall receive a salary of Four hundred fourty-four ($444.00) per annum; and the other two members of said Board shall receive a salary of Three hundred

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($300.00) dollars, each, to be paid out of the General Treasury of said county, which said salary or compensation shall be paid monthly, and they shall receive no other or further compensation for their services as such Commissioners. Compensation of commissioner's. Section 3. Be it further enacted by the authority aforesaid that Section seven (7) of the said Act of 1916, page 350, Pay of Clerk be and the same is hereby amended by striking the words and figures Three hundred and fifty ($350.00) where ever the same may appear and inserting in lieu thereof the words and figures Four hundred forty-four ($444.00); and by striking the word Quarterly and insert in lieu thereof the word Monthly, so that said Section when so amended will read as follows; Section 7Be it further enacted by the authority aforesaid. That the Ordinary of Banks County shall be the Clerk of the Board of Commissioners of Roads and Revenues of said County, whose duty it shall be to keep in a well bound book a complete record of all the Acts and doings of said Board of Commissioners, said records to be open to inspection of any citizen of said County at all times, provided the same does not interfere with the meetings of the Board. Said Ordinary, or Clerk of the Board of County Commissioners shall receive the sum of Four Hundred Forty-four ($444.00) dollars per annum for his services as such clerk, to be paid monthly out of the treasury of said County. Clerk's salary. Section 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 27, 1941.

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BANKS COMMISSIONERSELECTIONTAX DISTRIBUTION. No. 124. An Act to amend an Act creating the Board of Commissioners of Banks County, Georgia (Georgia Laws 1916, pp. 349-353), by providing for qualification of candidates for Board of Commissioners, and for the election of all members of said Board; by providing that candidates for membership on said Board shall be elected by the vote of the people of the entire county; and by providing that the candidate receiving the highest number of votes shall be the Chairman of said Board; by providing that the gasoline tax money shall be distributed equally in all commissioner districts in proportion to the post-road mileage in same; 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 Act creating the Board of Commissioners of Banks County (Georgia Laws 1916, pp. 349-353) be and the same is hereby amended by providing that each and all candidates for membership on said Board of Commissioners shall be elected by the vote of the qualified voters of the entire county; by providing that the candidate elected receiving the highest number of votes shall be the Chairman of said Board; and providing that the number of Commissioners shall remain the same and the districts the same as now provided under the Act of 1916 creating the Board of Commissioners of said county, and each of said Commissioners shall be a resident of the district which he represents as a member of said Board as provided for in said Act; and that only one Commissioner can be elected and qualified to serve from any one of said districts. Act of 1916 amended. Election of commissioner's.

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Section 2. That said Act creating the Board of Commissioners of Banks County be and the same is hereby further amended by providing that the gasoline tax money paid into said county shall be distributed in the three commissioner districts of said county in proportion to the postroad mileage in each district. Gasoline tax money distributed. Section 3. That should any part or portion of this Act be declared unconstitutional or void, the same will not affect the validity of the remaining portions of the Act. Section 4. That all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 26, 1941. BARROW COMMISSIONER'S OFFICE CREATEDREFERENDUM. No. 267. An Act To repeal the Act approved March 10, 1937, as found in Georgia Laws of 1937, pages 1240-1247, entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Barrow; to provide for the election of members thereof by the qualified voters of said county; to define their powers and duties, and for other purposes, and to enact in lieu thereof an Act to create a new Board of Commissioners of Roads and Revenues for the County of Barrow; to provide for the designation of members thereof and their terms of office until duly elected by the voters of said county in accordance with the provisions of this Act; to provide for the designation of a Chairman of the said Board of Commissioners of Roads and Revenues and to fix his duties and functions and to fix the duties and functions of the members of the Board and to fix the salaries of the Chairman and the members of the Board; to provide for

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a clerk to the Board, a County Attorney, County Physician and the employment of necessary county employees; to provide for the qualification of the said Commissioners and the Chairman and to provide for the division of the said County of Barrow into four road districts, and that each of said road districts shall be represented by a commissioner who is a resident thereof and a duly qualified voter therein at the time of his election and that the commissioners of said districts shall be elected respectively by the qualified voters of said districts, but that the Chairman shall be elected by the qualified voters of Barrow County, and for the election by the people of a Chairman and Board of Commissioners at the general election to be held in 1944, and 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 the authority of the same, that a Board of Commissioners of Roads and Revenues for the County of Barrow, to consist of a Chairman and four Commissioners, is hereby created. Said Commissioners shall be 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. Section 2. Be it further enacted by the authority aforesaid, that for the purpose of this Act the said County of Barrow shall be divided into four road districts to be constituted as follows, to-wit: Road District No. 1 shall be composed of Houses Militia District; Road District No. 2 shall be composed of Chandlers, Statham and Jones Militia Districts; Road District No. 3 shall be composed of Ben Smith and Bethlehem Militia Districts, and Road District No. 4 shall be composed of Auburn, Pentecost and Cains Militia Districts. County divided into road districts.

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Section 3. Be it further enacted by the authority aforesaid, that at the general election of county officers to be held in 1944 a Board of four Commissioners of Roads and Revenues of Barrow County and a Chairman thereof shall be elected, and that the members of said Board of Commissioners of Roads and Revenues of Barrow County and the Chairman thereof, herein designated, shall upon qualification hold office until December 31, 1944, and until their successors are duly qualified as herein provided. Election. Section 4. Be it enacted by the authority aforesaid that there shall be a Commissioner from each road district and he must be a resident of the road district which he represents, each road district being thus represented on said Board by a resident respectively. Each Commissioner shall be elected by the qualified voters of his Road District in Barrow County. The resident of a road district receiving the highest number of votes by the voters of said District shall be declared elected to represent his district on said Board of Commissioners of Roads and Revenues of Barrow County, Georgia. There shall be a Chairman of said Board who shall be elected by the qualified voters of Barrow County. Commissioner from each district. Section 5. Be it further enacted by the authority aforesaid, that the members of the Board of Commissioners shall be exempt from all jury duties during their term of office. Commissioners exempt from jury duty. Section 6. Be it further enacted by the authority aforesaid, that before any Commissioner shall qualify and perform any of the duties of his office under this Act, he shall give a good Corporate Surety Bond in the sum of Two Thousand ($2,000.00) Dollars to be approved by the Ordinary of said county and payable to the Ordinary of said county for the faithful performance of any and all duties of said office, said bond to be paid for by the county, provided, that this provision of this section shall go into effect immediately upon passage of this Act. Bond to be given.

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Section 7. Be it further enacted by the authority aforesaid, that should there be a vacancy from any cause in the office of any Commissioner during his term of office under this Act the Governor of Georgia shall at once appoint his successor to fill out his unexpired term, and said successor shall be appointed from the road district where the vacancy occurs unless it be a vacancy in chairmanship, and then he may be named from the county at large. Vacancies, how filled. Section 8. Be it enacted by the authority aforesaid, that the said Commissioners shall not expend any money for any purpose without express law and authority for the same, and if they do, they shall be guilty of a misdemeanor and upon conviction shall be punished as for a misdemeanor. Misdemeanor. Section 9. Be it enacted by the authority aforesaid, that said Commissioners shall not pay out any money for any purpose except on itemized sworn account after it is examined and approved, and then it shall be filed away alphabetically, and all accounts paid at each monthly meeting shall be filed away together and indexed so any citizen can easily find said paid account, and that no account shall be paid at any time except at the regular monthly meeting, and said accounts shall be approved by a majority vote of the board and the check or voucher for the same shall be signed by the Chairman and by the Clerk of the Board. Payment of money. Section 10. Be it enacted by the authority aforesaid, that the Chairman of said Board shall be ex-officio Clerk thereof and that no other member of said Board of Commissioners shall hold any subordinate position of the said board; that no member of any firm of which he may be a member or any corporation in which he may own stock, or by which he may be employed, shall buy anything from or sell anything to or perform any contract of service, either directly or indirectly of any character whatever, with said board, and if he does he shall be guilty of a misdemeanor. Chairman as ex-officio clerk.

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Section 11. Be it further enacted by the authority aforesaid, and it is hereby enacted, that M. R. Lay be designated as Chairman of the said Board, and that the former members of the Board abolished by this act be continued in office until December 31, 1944, and that the said members shall represent the Road Districts in which they now reside, to-wit: Chairman named. H. T. Flanagin shall represent District No. 1; E. S. Perry shall represent District No. 3; T. G. Etheridge shall represent District No. 4, and W. R. Bowdan is hereby designated and named as the Commissioner to represent District No. 2 until December 31, 1944, as herein provided, and at the general election in 1944 a Chairman of the Board shall be elected by the qualified voters of Barrow County at large; a Commissioner from Road District No. 1 shall be elected by the qualified voters residing in Houses Militia District in said county, and a Commissioner from Road District No. 2 shall be elected by the qualified voters residing within Chandlers, Statham and Jones Militia Districts, and a Commissioner from Road District No. 3 shall be elected by the qualified voters residing within Ben Smith and Bethlehem Militia Districts, and a Commissioner from Road District No. 4 shall be elected by the qualified voters residing in Auburn, Pentecost and Cains Militia Districts, and no voter shall vote for said Road District commissioners outside of the district in which said voter resides, and said districts numbers 1, 2, 3 and 4 are hereby declared to be road districts and no person shall be elected to represent such road districts who is not a bona fide resident of said district and otherwise qualified as provided in this Act, and upon removal from any such district a vacancy shall immediately occur and be declared for the district and shall be filled as hereinbefore provided, and the said commissioners of the road districts and the Chairman shall be elected as other county officers to serve a term of four years as provided herein, commencing on January 1, 1945, and immediately

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upon the passage of this Act the Commissioners and Chairman designated herein shall take over the affairs of the County of Barrow and assume all of the duties heretofore exercised by the Commissioners of Roads and Revenues of Barrow County under the Act repealed herein, and they shall keep records of all their acts and doings in their office at the court house, which shall be open for the inspection of the public as other public records, and to that end the Chairman, who shall be ex-officio clerk, may, if necessary, employ clerical assistance at a salary not exceeding Fifty ($50.00) Dollars per month, and the said Commissioners and Chairman before entering upon their duties as such shall take an oath before the Ordinary of Barrow County for the faithful performance of their respective duties, and for these services the Chairman shall receive the sum of One Hundred Twenty-five ($125.00) Dollars per month, and the Commissioners for the several Road Districts shall receive the sum of Twelve 50/100 ($12.50) Dollars per month, all payable monthly out of any funds of the county. The Commissioners and Chairman shall also take charge of all of the records and vouchers of every sort of the Board of Commissioners of Roads and Revenues of Barrow County abolished by the repeal of the Act of 1937 herein and preserve same as other public records. 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 Winder. He shall be the chief manager of the affairs of said county that are within the jurisdiction of said present Board of Commissioners of Roads and Revenues hereby abolished, and shall act as its executive officer. He shall make all contracts and superintend all work done by the county, whether by hired labor or under contract, and shall exercise all duties of the Board during the interim between the official meetings of the said Board, and all of said actions by said Chairman shall be binding on said entire

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Board, as if voted favorably upon by said Board at its regular session. Board members named. Clerical assistant. Compensation of Commissioner's. Duties of chairman. Section 12. Be it enacted by the authority aforesaid, that the said Board of Commissioners shall be the purchasing agent for said county, for all things needed by the different departments of said county, including machinery, tools, lumber, gas and oils, and anything else purchased for the use of said county. Said Chairman of Board of Commissioners shall secure competitive bids on all purchases above $200.00. Requests for supplies for county officers must be submitted to said Chairman of Board of County Commissioners in duplicate and be purchased by the Chairman as above stated, except for such limit as may be given the said county officers by said Chairman of said Board of Commissioners. Purchasing agent. Section 13. Be it enacted by the authority aforesaid, that said Commissioners shall have exclusive jurisdiction and control over the following matters, to-wit: in directing and controlling all the property of the county according to law; in levying taxes according to law; in supervising tax collector's and tax receiver's books and allowing an insolvent list of said county, and they shall have the right to inspect, or have inspected any office and records of any county officers at any time, and they shall have the right to employ a competent person or firm to do said work at a price which, in the judgment of said Commissioners, shall be fair and reasonable; in settling all claims against the county, examining and auditing all claims and accounts of officers having care, management, keeping, collecting or disbursement of any money belonging to the county or appropriated for its use or benefit and bring them to settlement; in making rules and regulations for the support of the poor of said county, and for the promotion of health and electing and appointing all minor officers of said county where election is not otherwise provided by law, such as superintendents, janitors of

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court house, superintendent of pauper farm, county physicians and health officer, and other employees as needed and authorized by law; in regulating peddling, and to have and to exercise all the powers before vested in the Ordinary of said county when sitting for county purposes, and to exercise such other powers as are granted by law, or as indispensable to the jurisdiction over all county matters and all county finances. Jurisdiction of commissioners. Section 14. Be it enacted by the authority aforesaid, that said Commissioners shall hold at least one session on the first Tuesday in each month at the county site in the county court house, where the clerk of said Board of Commissioners shall keep office. At the request of a majority of said Commissioners the Chairman may at any time call an extra session, written notice of such and for what purpose shall be served on each member. The said Commissioners shall have the right to adjourn from day to day until they finish their business. No less than three members of said Commissioners shall pass any order or any subject matter, or at any meeting where there are not more than three members present they shall not conduct any business or pass on any question unless the vote is unanimous, and the vote on all questions shall be shown on the minutes by recorded aye and nay vote. The Chairman shall vote on all measures before the board. Sessions. Section 15. Be it enacted by the authority aforesaid, that said Commissioners shall not neglect any public road in said county, nor refuse to keep up a road that has been built, and they shall not build more roads in one section of the county than in another, except farm to market roads, and work shall be fairly and equitably divided between the different road districts according to the needs of the roads of said districts. Roads. Section 16. Be it enacted by the authority aforesaid, that the Chairman of the said Commissioners shall have

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the authority to employ a county attorney who is a resident of Barrow County, and they shall pay him a salary of not more than thirty dollars a month, and at any time in the opinion of said Commissioners the interest of the county shall demand it, they shall have the right to employ additional counsel at a price that may seem fair and reasonable. County attorney to be employed. Section 17. Be it enacted by the authority aforesaid, that the Chairman of the said Commissioners shall have the right to employ a county physician for paupers of said county, county jail and county convicts, at a salary they shall deem fair and reasonable. County physician. Section 18. Be it enacted by the authorities aforesaid, that the ex-officio clerk of the said Board of Commissioners mentioned in section 11 of this Act shall on and after the passage of this Act give a corporate surety bond in the sum of one thousand ($1,000.00) Dollars, to be approved by the Ordinary of said county, and payable to the Ordinary of said county, for the faithful performance of any and all duties of said office, said bond to be paid for by Barrow County. The property of said clerk, as well as the security of this bond, shall be bound from the time of execution thereof for the payment of any and all liability arising from the breach of said bond. Bond. Section 19. Be it enacted by the authority aforesaid, that the clerk of County Commissioners shall on the first Tuesday in each month report in writing to the County Commissioners a true statement of all money that has been spent by the different departments of Barrow County. Said clerk is hereby authorized and directed to secure such information from all county officers. Clerk's report. Section 20. Be it enacted by the authority aforesaid, that on the first Monday in February of each year said board shall make a sworn financial statement to the Ordinary

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of said county showing the amount of money received as commutation tax, amount received from tax collector of Barrow County, and all moneys received from any other source. They shall also show the disbursements made by said board, to whom paid and when paid; also submit a statement of unpaid county warrants, showing to whom payable and amounts of each and when payable. They shall likewise submit an itemized statement of the indebtedness of the county for which no warrant has been executed. The purpose of this section being to show the tax payers the financial condition of the county. The Ordinary of Barrow county shall record this report and for this service shall receive out of the county treasury the sum of Five ($5.00) Dollars. It shall be the duty of said board to submit a similar statement to the grand jury at each spring term of Barrow Superior Court and to provide for complete audits of all county records at least annually and to pay therefor out of county funds. Statement to ordinary. Section 21. Be it enacted by the authority aforesaid, that at the regular meetings of the Board of Commissioners they shall be clothed with the powers of court, subject to the same rules that govern, define and control the powers of a court of ordinary, when sitting for county purposes. Commissioner's clothed with powers of court. Section 22. Be it enacted by the authority aforesaid that nothing in this Act shall be construed to permit said Commission to hinder or delay farm to market roads approved now or to be approved later by Works Progress Administration. Section 22a. Be it further enacted that this Act shall not go into effect until July 1st 1941 and then only after the same has been submitted to the qualified voters of Barrow County, Georgia, at the General Election to be held in June 1941. On the date of said Election the ordinary of Barrow County shall furnish to said qualified voters of Barrow County the question of For Ratification or Against Ratification

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of this Act by printed Ballots to be appropriately worded for the purpose of such submission. Effective date. Referendum. Should a majority of those voting in said Election vote For Ratification then this Act shall take effect on July 1, 1941 but if a majority of those voting in said Election on this proposal vote Against Ratification then this Act shall be of no force or effect. The returns of said Election shall be made by the managers after consolidation to the Ordinary of Barrow County who shall declare the result and enter same on the minutes of the Court of Ordinary of Barrow County. Section 23. Be it further enacted that all laws and parts of laws in conflict herewith be, and the same are hereby, repealed. Approved March 27, 1941. BIBB COMMISSIONERSLICENSES AND ZONING. No. 162. An Act To Amend an Act Approved February 6, 1873, appearing on pages 219, et seq., of the Published Acts of the General Assembly of Georgia of 1873, and Captioned: An Act to Establish a County Board of Commissioners for the County of Bibb; to Define Its Duties; and for Other Purposes Therein Named, and Acts Amendatory Thereof, so as to Vest in Said County Board of Commissioners for the County of Bibb, in Addition to Powers and Authorities Heretofore Conferred upon Said Board, the Power and Authority to Levy License and Specific or Occupation Taxes on All Those Who Transact or Offer to Transact Business in Said County other than within the incorporated limits of an incorporated town or city, and to Provide for the Collection

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Thereof; and to Fix Penalties for Those Who Transact or Offer to Transact Business in Said Area Without First Obtaining a License Therefor; to Authorize and Empower Said County Board of Commissioners to Pass all Necessary Ordinances or Rules Regulating Buildings, Fences, and Other Similar Structures Within Bibb County and other than within the incorporate limits of an incorporated town or city, Including the Right to Require Any One Within Said Area Before Erecting a Building, Fence, or Other Similar Structure to Obtain a Permit from Said County Board of Commissioners, and to Pay Therefor a Reasonable Fee, and Also to Pay the Reasonable Costs of Necessary Inspection; and to provide for the expiration of said act, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that an Act approved February 6, 1873, appearing on pages 219, et seq., of the published Acts of the General Assembly of Georgia of 1873, and captioned, An Act to Establish a County Board of Commissioners for the County of Bibb; to Define Its Duties; and for Other Purposes Therein Named, and Acts amendatory thereof, be and the same is hereby amended by including therein the following provisions, to-wit: Act of 1873 amended. 1. Said County Board of Commissioners for the County of Bibb is authorized and empowered to levy such licenses and specific or occupation taxes on all those who transact or offer to transact business within said County and other than within the incorporated limits of an incorporated town or city, as said County Board of Commissioners may deem expedient or necessary for the safety, benefit, convenience, or advantage of said County, and the citizens thereof; to classify businesses or occupations for the purpose of such taxation in any way which may be lawful; to require such persons to procure licenses before engaging in business or

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offering to transact business in such area; to compel the payment of such licenses and taxes by execution or in any other lawful manner, and to make all suitable laws and regulations necessary and proper to the carrying out of the powers herein conferred, and to prescribe suitable penalties for violations thereof. Without in any way limiting other methods by which the payment of such licenses may be enforced, it is enacted that the same may be enforced as provided in Section 92-3907; Section 92-3908; Section 92-3909; and Section 92-3910, of the Code of 1933 relating to collection of licenses for the exhibition of shows, etc. Power to levy licenses. 2. Said Board is further authorized and empowered to pass necessary rules and ordinances regulating buildings, fences, and similar structures within the limits of said County and other than within the incorporated limits of an incorporated town or city, and to require a permit from said County Board of Commissioners for the erection of any building, fence, or similar structure where in the opinion of said County Board of Commissioners the erection of any such buildings, fence, or structure is so located with reference to other buildings, fences, or structures, or with reference to properties belonging to other parties as to make it to the public interest to have such building, fence, or structure conform to regulations and standards adopted by said Board of County Commissioners, and said Board is further empowered to require the payment of such reasonable fees as may be fixed by the Board for the issuance of such permit and the expense of necessary inspection for the purpose of seeing that such rules and regulations are complied with. Zoning. (a) Any one erecting any building, fence, or other similar structure within the area aforesaid without first obtaining a permit therefor, where such permit is required, or failing or refusing to comply with any of the rules, regulations, and standards adopted by said Board of County Commissioners, shall be guilty of a misdemeanor and on conviction

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therefor shall be subject to a fine not exceeding $50.00 or imprisonment, not exceeding thirty (30) days, either one or both, in the discretion of the presiding judge. Section 2. The provisions of this Act shall be effective for four (4) years after January 1, 1941 and no longer, provided nothing in this Section shall effect the right or method of collecting the licenses or taxes which have accrued prior to the expiration of this Act. Effective date and expiration. Section 3. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved March 12, 1941. BIBB TAX-COMMISSIONER'S OFFICE CREATEDTAX RECEIVER AND TAX COLLECTOR CONSOLIDATED. No. 48. An Act to Consolidate the Offices and Duties of Tax Receiver and Tax Collector of Bibb County, Georgia, So That There Shall No Longer Exist Any Independent Office of Tax Receiver or Tax Collector in said County; to Create the Office of County Tax Commissioner of Bibb County, Georgia, Who Shall Perform the Duties of Said Two Officers When So Consolidated; to Fix the Term and to Provide for the Fixing of Compensation of Said Office and to Authorize the Determination of What Disposition Shall Be Made of the Fees and Commissions Accruing to Each of Said Offices So Consolidated and to Provide for the Levy and Collection of a Tax Sufficient to Pay the Compensation of Said Officer When So Fixed; to Provide That the Laws Now or Hereafter of Force Relating to Tax Receivers and Tax Collectors, Except

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Laws Relating to Compensation of a Tax Receiver and a Tax Collector, Shall Be of Full Force and Effect as to Said County Tax Commissioner So Far as Same Are Applicable; to Provide That All Taxes Due at the Time the Provisions of This Act Become Effective and All Fi. Fas. Theretofore Issued Shall Have Full Force and Effect and Be Collectible As Issued; to Provide That All Fees, Commissions, Costs, Percentages, Forfeitures, Penalties, Allowances, and All Other Perquisites of Whatever Kind (Including, Specifically, Fees Received From the State), Whether Accrued on the Effective Date of This Act or Accruing Thereafter That Would Be Paid to or Collected by Either the Tax Receiver or Tax Collector of Bibb County Were It Not for the Provisions of This Act, Shall Be Collected By the County Tax Commissioner Herein Provided for the Sole Use of Bibb County and to Be Held as Public Moneys Belonging to Bibb County and Accounted for and Paid Over to Bibb County as Herein Provided; to Provide for Necessary Assistants for Said County Tax Commissioner and Their Salaries and for the Necessary Expense of Said Office; to Provide for the levying of a Tax Sufficient to Pay the Salary of Said County Tax Commissioner and His Assistants and Necessary Expense of Said Office; to Provide for the Election of Said County Tax Commissioner and the Method of Filling Vacancies Therein; to Provide for Said County Tax Commissioner Giving Bond or Bonds for the Faithful Performance of His Official Duties; to Provide for Putting into Effect in Bibb County, the Provisions of the Constitution of This State as Contained in Article 11, Section 3, Paragraph 1, Relating to the Consolidation of the Offices and Duties of Tax Receiver and Tax Collector in Any or All of the Counties of the State; to Provide When This Act Shall Become Effective; and for Other Purposes.

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Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the offices of Tax Receiver and Tax Collector of Bibb County, Georgia, are hereby consolidated so that there shall no longer exist any independent office of Tax Receiver or Tax Collector in said County, but the officer performing the duties of said two offices when so consolidated shall be known as the County Tax Commissoner of Bibb County, Georgia. Tax receiver and collector's office consolidated. Section 2. Be it further enacted by the authority aforesaid, that the office of County Tax Commissioner of Bibb County, Georgia, is hereby created in lieu of said abolished or consolidated offices, and the rights, duties, and liabilities of said County Tax Commissioner of Bibb County, Georgia, shall be the same as the rights, duties, and liabilities of the Tax Receiver and Tax Collector of Said County so far as the same may be applicable, except that all fees, commissions, costs, percentages, forfeitures, penalties, allowances, and all other perquisites of whatever kind (including, specifically, fees received from the State), whether accrued on the effective date of this Act or accruing thereafter, that would be paid to or collected by either the Tax Receiver or Tax Collector of Bibb County, were it not for the provisions of this Act, shall be collected by the County Tax Commissioner herein provided for, for the sole use of Bibb County, and shall be held as public moneys belonging to Bibb County, accounted for and paid over to said County on or before the tenth day of each month for the preceding month, at which time a detailed, itemized statement shall be made by the officer under oath showing such collections and the sources from which collected, and the County Treasurer or other custodian or depository of County funds shall keep a separate account showing the sources from which said funds were derived and paid and received. Tax commissioner's office created. With this exception, all laws now of force relating to Tax

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Receivers and Tax Collectors are hereby made applicable to said County Tax Commissioner so far as consistent with the provisions of this Act. Exception noted. It is expressly enacted that the County Tax Commissioner hereby created shall never take any benefit by way of compensation under Act approved March 24, 1939, and contained on pages 370, 371, and 372 of the published Acts of 1939, but all of the commissions accruing to the office of Tax Collector under the terms of said Act shall be collected by the County Tax Commissioner herein provided for as public moneys belonging to Bibb County whether said commissions accrued before or after the effective date of this Act. Commissions to go to county. 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. theretofore issued by the Tax Collector of Bibb County, Georgia, shall have full force and effect, and be collectible by the County Tax Commissioner aforesaid. Taxes. Section 4. Be it further enacted by the authority aforesaid that the first election of County Tax Commissioner of Bibb County shall be held at the November general election in 1942, and under the same rules, regulations, and laws governing the election for County officers, except that the Tax Commissioner so elected shall enter upon the duties of his office on January 1, 1943, and serve for a term of two (2) years, and until his successor is elected and qualifies. Succeeding Tax Commissioners shall be elected at the general election for County officers in the year 1944, and quadrennially thereafter, under the same rules, regulations, and laws governing the election for County officers; shall take office on January 1, next succeeding his election; and shall serve for a term of four (4) years, and until his successor is elected and qualifies. Election and terms.

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The provisions of the Code of Georgia of 1933, Title 34-2601-2607, shall attend such elections and, in case of ties, a new election or elections shall be called by the Ordinary within periods of not less than thirty (30) days, until one person has received a plurality of votes. Election tie. In all such elections the Ordinary shall determine who has received a plurality of the votes cast, and certify the same to the Governor of the State, who shall issue a commission to the officer so elected. Section 5. Be it further enacted by the authority aforesaid that in case of a vacancy in said office after a County Tax Commissioner is first elected hereunder, such vacancy shall be filled in the following manner: Vacancy, how filled. If the vacancy occurs within one (1) year before the expiration of the term of such County Tax Commissioner, the vacancy shall be filled by appointment by the Ordinary; In case the vacancy occurs at a time when there remains more than one (1) year of an unexpired term, then a special election shall be called by the Ordinary within forty-five (45) days for the purpose of filling said vacancy, and pending such election the vacancy shall be filled by appointment by the Ordinary. Any officer appointed or elected to said office shall comply with the provisions of this act as to the giving of bond and taking the oath of office, and shall perform all of the duties of said office while he occupies the same as required of one elected for the full term of office. Any special election provided herein shall be held upon the same rules, regulations and laws governing special elections to fill vacancies in county offices. Section 6. Be it further enacted by the authority aforesaid that before entering upon the duties of his office said County Tax Commissioner shall take and subscribe an oath, including the oath now required of a Tax Receiver and the oath required of a Tax Collector in this State, and shall

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also give bond and security insofar as State taxes are concerned under the same terms and conditions and in the same manner and in the same amount as are now or may hereafter be required of either the Tax Receiver or Tax Collector, and as to County funds shall give bond in such amount as may from time to time be required by the County Board of Commissioners for the County of Bibb or such officer as may at the time have charge of its fiscal affairs. The bond for County funds shall be in such manner and form as shall be approved by the County Board of commissioners of said County or other fiscal agent or officer. Oath. Section 7. Be it further enacted by authority aforesaid that the County Board of Commissioners for the County of Bibb in conjunction with the Grand Jury of said County are hereby authorized to fix the compensation of the County Tax Commissioner as herein provided for, except that, for the year 1943, it shall be fixed by the County Board of Commissioners alone. Immediately upon the effective date of this Act, the County Board of Commissioners shall fix the compensation of said County Tax Commissioner for the year 1943, and shall also fix the number of assistants and compensation of the same, which when so fixed, shall be paid to the County Tax Commissioner on a monthly basis, and the County Tax Commissioner shall thereupon immediately pay to his assistants the salaries previously fixed for them by the County Board of Commissioner. For the year 1944 and all subsequent years the salary of said County Tax Commissioner, the number of his assistants and salaries for his assistants, shall be fixed in the following manner: Compensation fixed. At least ninety (90) days before the first day of January in each year (beginning with January, 1944), the County Tax Commissioner aforesaid shall furnish to the County Board of Commissioners or other County authority having jurisdiction over its fiscal affairs a statement as to the number of assistants or deputies required by said County Tax

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Commissioner together with his recommendation as to the salaries of such assistants, and thereupon the said County Board of Commissioners or other authority having charge of its fiscal affairs shall fix for the year succeeding the salaries of said County Tax Commissioner the number of assistants and the salaries of said assistants. It is hereby expressly provided that the number of assistants for such County Tax Commissioner shall be fixed and determined by the authority above prescribed, subject to the approval of the Grand Jury as herein provided, but it shall be within the power and authority of said County Tax Commissioner after the beginning of his term of office to designate and name the person or persons who shall be such assistants and to remove them at his will and pleasure. Provided, however, that before the action of the County Board of Commissioners or other fiscal agent of said County in fixing said salaries and number of assistants shall become effective the same shall be submitted to the Grand Jury then sitting or in the event no Grand Jury is in session at the time of fixing said salaries, the next Grand Jury convening thereafter. Statment. It shall be the duty of said County Board of Commissioners or other County authority to submit the schedule of salaries as soon as possible after the said schedule shall have been determined. The first order of business of the Grand Jury to which this Act applies, after the submission by the County Board of Commissioners or other County authority of the salary schedule shall be the consideration of the said schedule. The Grand Jury shall have the power to disapprove the said schedule by two-thirds vote of all the members thereof, but unless the said Grand Jury disapproves the said schedule by the two-thirds vote, the said schedule shall remain as fixed by the said County Board of Commissioners, or other County authority. In the event that the Grand Jury fails to act upon the said schedule within ten (10) days after the submission thereof, then it

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shall remain as fixed by the County Board of Commissioners or other County authority. In the event the Grand Jury disapproves the schedule of salaries submitted to it by a two-thirds vote as aforesaid, then the foreman of said Grand Jury shall appoint a committee from the said Grand Jury consisting of as many members as there are members of the said Board of County Commissioners or other County authority, which Committee shall meet in joint conference with the said County Board of Commissioners or other County authority for the purpose of harmonizing their contentions and determining upon a proper schedule of salaries, and the schedule of salaries approved by a majority of said joint conference committee shall be final. Provided that, except for the year 1943, the salary of said County Tax Commissioner and of all of his deputies or assistants and the expense of his office shall not, in the aggregate, exceed for any one (1) year sixty per cent. (60%) of the fees, costs, commissions, etc., accruing to his office and actually collected by him and paid into the County Treasury during the preceding year. All commissions for purposes of this limitation shall be figures under the laws of this State relating thereto as applied to the Tax Collector and Tax Receiver of Bibb County immediately prior to 1939. Salary schedule [Illegible Text] be submitted. Section 8. Be it further enacted by the authority aforesaid that the County Board of Commissioners of said County or other fiscal agent thereof be and is hereby authorized to levy a tax sufficient to pay said salaries as they accrue as well as any necessary expense of the operation of said office where such expense has been approved by said County Board of Commissioners. Tax levy. Section 9. Be it further enacted by the authority aforesaid that when the salary of said County Tax Commissioner and his assistants has been fixed in the manner herein provided; the same, with the payment of the salaries of the assistants to said County Tax Commissioner as herein provided

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and the approved expense of his office as herein provided, shall constitute the sole and only compensation of the said County Tax Commissioner for the performance of all of the duties of his office, whether under existing laws or laws hereafter enacted. Sole compensation. Section 10. Be it further enacted by the authority aforesaid that the provisions of this Act shall become effective January 1, 1943, except that the provisions hereof respecting the election of a Tax Commissioner and the necessary procedure leading to such election and qualification of such Tax Commissioner shall become effective immediately upon approval of this Act. Effective date. Section 11. Be it further enacted by the authority aforesaid that should one or more provisions of this Act be declared unconstitutional by a Court of last resort having jurisdiction thereof, then the remaining provisions shall not be affected thereby. Section 12. 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, and specifically any and all parts of an Act of the General Assembly of Georgia approved March 24, 1939, and appearing on pages 370, 371, and 372 of the Georgia Laws of 1939, insofar as said Act may prescribe the salary or compensation of the Tax Commissioner in and for Bibb County, Georgia. Repeal of conflicting laws. Approved February 17, 1941.

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BOUNDARY LINE BETWEEN TOWNS AND UNION COUNTIES CHANGED. No. 223. An Act To amend and change the boundary lines between Towns and Union Counties; 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 line between the Counties of Towns and Union, of the State of Georgia, be and the same is hereby changed and amended so that said line as changed will in effect transfer from Union County to Towns County approximately four hundred and thirty-five (435) acres of land, the same being that part or portion of Union County land or territory on the East side of said Union County that is now situated, lying and being on the East side of Ball Creek; said county line so amended and changed that releases from Union County and adds to Towns County land and territory of the approximate area of 435 acres, more minutely and particularly described by metes, courses and bounds as follows: Boundary line changed. Beginning at a point on Creek in original county line, thence running South with creek 60 rods to highway, thence South 3 degrees East 42 rods with creek, thence South 33 degrees East 85 rods with creek, thence South 45 degrees East 66 rods with creek, thence South 55 degrees East 8 rods with creek, thence South 45 degrees East 51 rods to original line, thence leaving creek and running North 120 rods to station, thence East 320 rods to original line, thence North 180 rods, thence West 160 rods, thence South 60 rods, thence West 280 rods to the beginning point; containing approximately 435 acres. Description. Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Repealing clause. Approved March 24, 1941.

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BROOKS COUNTY SHERIFF'S BOND REDUCED. No. 87. An Act to reduce the official bond of the Sheriff of Brooks County to Two Thousand ($2,000) Dollars; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That from and after the passage and approval of this Act, the official bond of the Sheriff of Brooks County is hereby fixed at Two Thousand ($2,000) Dollars. Bond reduced to $2,000. Section 2. That all laws and parts of laws, including the Act approved February 15, 1935, fixing the bond of said Sheriff at $5,000, in conflict with this Act are hereby repealed. Approved February 26, 1941. BRYAN COMMISSIONERSACT REPEALED. No. 254. An Act to repeal An Act to create a Board of Commissioners of Roads and Revenues for the County of Bryan, to define their powers and duties; to provide for the method of selection of members, prescribe their qualifications, and for other purposes, approved July 19, 1927, and the Act to amend said Act, approved February 23, 1935, and the Act to amend said Act approved March 24, 1937, and the Act to amend said Act approved February 7, 1938; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same: Section 1. That from and after April 1st, 1941, an Act

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to create a Board of Commissioners of Roads and Revenues for the County of Bryan (Acts of 1927, pp. 504 et seq.), approved July 19, 1927, and the Act to amend said Act (Acts of 1935, pp. 580 et seq.), approved February 23, 1935, and the Act to amend said Act (Acts of 1937, pp. 1255, et seq.), and the Act to amend said Act (Acts of 1937-38, pp. 762, et seq.), approved February 7, 1938, be and the same are hereby repealed. Acts repealed. Section 2. Be it further enacted by the authority aforesaid, that all records, books, vouchers, stubs, minutes, audits, writings, and all other records and property of said Board of Commissioners of Roads and Revenues of the County of Bryan shall be transferred and delivered to the office of such authority or authorities as take their place or are created in their stead. Records to be transferred. Section 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 22, 1941. BRYAN COMMISSIONER'S OFFICE CREATED. No. 252. An Act to create a Board of Commissioners of Roads and Revenues for the County of Bryan; to define their powers and duties; to provide for the method of selection of members, and to prescribe their qualifications; 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 first day of April, 1941, and after the qualification of the members hereinafter named, there is created a Board of Commissioners

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of Roads and Revenues of Bryan County, which board shall consist of five members, namely: J. O. Strickland from the 19th G. M. District, who shall serve as Commissioner of said Board until the first day of January, 1945, at which time his term of office shall expire; B. B. Brewton, from the 1380th G. M. District, who shall serve until the first day of January 1945; J. H. McCallar, from the 20th G. M. District, who shall serve until the first day of January 1945; J. T. Stubbs from the County at large, who shall serve as Chairman of said Board of Commissioners until the first day of January, 1945; and I. G. Lanier from the County at large, who shall serve until the first day of January, 1945; and W. R. Deal who shall serve as Clerk of said Board, but in the deliberations of said Board he, the said Clerk, shall have no vote. Board created. Members named. Section 2. That said County of Bryan shall be divided into three (3) road districts, to be designated as One (1), Two (2) and Three (3), and each of said road districts shall be entitled to one Commissioner residing in the jurisdiction of the district, as its representative on said Board; and District No. 1 shall embrace the 19th G. M. District; District No. 2 shall embrace the 1380th G. M. District; and District No. 3 shall embrace the 20th G. M. District; in addition there shall be two members of said Board from the County at large, but both of said County at large members shall not come from the same district. County divided into districts. Section 3. Be it further enacted by the authority aforesaid that the terms of office of the successors of the Commissioners of Roads and Revenues for the County of Bryan hereinbefore named shall be for four (4) years, and until their respective successors are elected and qualified; and that an election shall be had every four yours at the same time and places and under the same regulations as the election of county officers for Bryan County is held, except that in all primaries, candidates seeking the nomination

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and election to membership on said board shall be voted for in the following manner, to-wit: candidates seeking the nomination as District Commissioner No. 1 shall be voted for only by the qualified voters of the 19th G. M. District of Bryan County; candidates seeking the nomination as District Commissioner from District No. 2 shall be voted for only by the qualified voters of the 1380th G. M. District of Bryan County; candidates seeking the nomination as District Commissioner from District No. 3 shall be voted for only by the qualified voters of the 20th G. M. District; candidates seeking the nomination as Commissioner from the County at large shall be voted on by the qualified voters of Bryan County in its entirety; however no two commissioners from the county at large shall come from any one of the three named districts in said county, and the two candidates polling the largest number of votes from separate districts shall be declared the nominee from the county at large. As said terms of office of said members of the Board of Commissioners of Roads and Revenues expire, they shall be elected for the succeeding term of four years at the same time and places and under the same regulations as the election of county officers for Bryan County is held, except as is hereinbefore otherwise provided. Election and terms. Section 4. That said Commissioners, together with the Clerk of said Board, shall each, before entering upon their duties, be commissioned by the Governor, make a good and sufficient surety bond in the sum of One Thousand ($1,000.00) Dollars each, with some solvent surety company authorized to operate under the laws of Georgia, and the premium or premiums required therefor shall be paid for by the County Treasurer of Bryan County on warrants drawn on the proper and legal funds for this purpose; and they shall take and subscribe an oath to faithfully perform the duties of their office and account for all moneys coming into their hands as such commissioners, said bond to be payable to the Ordinary of Bryan County and his successors

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in office, and the oath subscribed before him or some other officer duly authorized to administer oaths, and recorded in the office of said Ordinary of Bryan County. Bond. Oath. Section 5. That J. T. Stubbs be and he is hereby named Chairman of said Board of Commissioners of Roads and Revenues of Bryan County, for the term ending January 1, 1945, and that it shall be the duty of said Chairman to preside over all meetings of said Board; that a Vice-Chairman shall be named from among the members of said Board, by said Board members, whose duty it shall be to preside in the absence of said Chairman. That the Chairman of said Board shall have no vote in the deliberations of said Board except in the event of a tie vote, in which case the said Chairman shall be permitted to vote to decide the particular motion under deliberation. Chairman named, duties defined. Section 6. That W. R. Deal be and he is hereby named Clerk of said Board of Commissioners of Roads and Revenues of Bryan County, for the term ending January 1, 1945, at a monthly salary of Fifty Dollars ($50.00) per month, to be paid monthly by the County Treasurer of Bryan County on warrants drawn on the proper and legal funds for this purpose. The duties of said Clerk shall be to keep a permanent minute book and properly record all acts, motions and official duties of said Board, including an accurate account of all moneys expended for any and all purposes; the minutes of each meeting of said Board to be read and adopted by a majority vote of said Board at the next meeting thereof; said Clerk shall issue warrants for all legal and lawful purposes as directed by a majority vote of said Board, which said warrants shall be signed jointly by the Chairman and Clerk of said Board; the amount of each warrant, to whom payable, and for what purpose issued, shall be entered in the minutes of each monthly meeting of said Board by the Clerk thereof. Said Clerk shall have no voice or vote in the deliberations of said Board.

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Any and all warrants issued upon the approval of a majority vote of said Board and signed by the Chairman and Clerk thereof shall be the authority of the County Treasurer to pay said warrants with the proper and legal funds of Bryan County for such purposes. However, said Clerk may be removed from office by a majority vote of said Board at any time said Board deems such removal wise and proper for the best interests of the County. In the event of a vacancy in the office of Clerk of said Board, his successor shall be elected by a majority vote of the membership of said Board, whose salary shall be fixed by said Board, and whose term of office shall expire at the pleasure of said Board. Clerk. Section 7. That no one shall be eligible or qualified for election as a Commissioner of Roads and Revenues for the County of Bryan who is a freeholder; nor shall any one be elected who holds funds belonging to the County or who is indebted to the County, other than for taxes due; and the said Commissioners of Roads and Revenues shall be subject to impeachment for incompetency or malfeasance in office, in the same manner as county officers are subject to impeachment. Qualifications of commissioners. Section 8. That said Board shall hold its regular meeting on the first Tuesday in each month at the county site, and each Commissioner shall receive the sum of $8.00 for each regular monthly meeting, and the sum of $4.00 for each special or called meeting, provided however that the total annual salary of each Commissioner shall not exceed $120.00 per year. The Clerk of said Board shall record the acts and doings of the Board in any and all special or called meetings as well as all regular monthly meetings, and the records of the Board shall at all times be open and subject to inspection by the public. Meetings. Section 9. That said Board shall exercise all authority prescribed in Code Sections 694 to 704, inclusive, of the

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Code of 1910 and amendments thereto; that all disbursements thereunder or any other funds of the county, shall be by warrant drawn against the fund from which said debt shall be paid, if funds are available, otherwise to be paid from general funds; and all warrants shall be signed by the Chairman and the Clerk, and no warrant shall be issued and signed until audited and approved by the majority members of said Board. Disbursements. Section 10. That said Board of Commissioners shall have original and exclusive jurisdiction over the following subject matters, to-wit: In directing and controlling all property of said County of Bryan, as they may deem expedient, wise and proper, according to law, including the county jail and court house, district justice court houses, county public works camps, in levying a general tax for general purposes and a special tax for special purposes, according to law, and over all roads as aforesaid; in establishing and changing election precincts and militia districts; in examining and allowing, according to law, all claims that may arise against the county; in examining and auditing, or the hiring of an examiner or auditor for, the accounts and records of all officers having the care, management, keeping, collecting or disbursing moneys belonging to the county or appropriated for its benefit or use, and bringing them to a settlement; in making rules and regulations according to law, for the support of the poor of the county for the promotion of health and agriculture, as are granted by law; also to do all and singular other acts devolving upon the office, said Board of Commissioners of Roads and Revenues having full and complete charge of county affairs, and to exercise all power over roads, bridges and revenues under the laws of this State as given to Ordinaries in counties where there are no Commissioners of Roads and Revenues. Jurisdiction of board. Section 11. That said Commissioners shall be held strictly in conformity to Sections 393 and 394 of the Civil Code

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of 1910, and amendments thereto, and that no purchases shall be made from such persons therein described except upon a statement of all goods and merchandise duly itemized, and prices charged, which shall be spread upon the minutes of said Commissioners. Purchases. Section 12. That the said Commissioners shall publish a statement twice a year in a newspaper published in said County of Bryan, showing the financial condition of said county, which said statement shall be duly attested by the Clerk and Chairman of the Board as the correct condition of the county at the time said statement is issued. Statement to be published. Section 13. That in case of a vacancy on said Board by death, resignation or otherwise, the Judge of the Superior Court of Bryan County, upon official notification of such vacancy, shall immediately thereafter appoint a successor, who shall and must possess the qualifications for holding said office hereinbefore stated, and who shall qualify by taking the oath and giving the bond as hereinbefore provided, and who shall hold office until the next election, at which election the successor of the member causing the vacancy shall be elected. Vacancy, how filled. Section 14. That said Board of Commissioners shall closely examine the work done by the warden of the public works camp, and shall appoint and supervise guards under him and shall fix the salary of such warden, guards, etc., and shall see that the county physician, whom said Board shall name, shall perform his duties, and shall fix and pay the salaries of each in accordance with the laws and under the rules of the State Prison Commission. Supervision over warden. Section 15. That said Board of Commissioners shall have the right and power to relieve double taxes according to law, and the authority to change or alter any mistake of facts that may appear from the records of the Tax Commissioner as to amount of taxes returned so that same may

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confirm to the truth, but not the authority to arbitrarily change any returns or pay back any amount paid. Authority to relieve taxes. Section 16. That on and after the first day of January, 1945, the members of the Board shall elect a Chairman of said Board from among their members, which said Chairman shall preside over all of the regular and special meetings of said board, and that in the event the present Chairman named herein, J. T. Stubbs, fails or refuses for any reason to accept said Chairmanship, the remaining members shall name a Chairman of said Board from among the remaining members. Chairman to be named. Section 17. That said Board of Commissioners shall have and are hereby vested with the authority to employ counsel and to pay for such service out of the proper fund of the county, a sum not to exceed $300.00 per annum for such services, and the person so employed as counsel shall have had a minimum of two years' practical experience as a practicing attorney and shall have been a resident of Bryan County for twelve months preceding said appointment. Counsel to be employed. Section 18. That the Judge of the Superior Court of Bryan County shall approve the selection of an auditor for the purpose of auditing the records of said Board, before said Board will be authorized to employ such auditor. Auditor. Section 19. That all purchases made by said Board on behalf of Bryan County shall be based upon competitive bids from reliable persons, firms or individuals, and any and all persons interested shall be supplied with an accurate list of the supplies and/or materials to be purchased, which said list shall include the quantity, grade or quality of each article; said list to be provided upon request at least five days before the contemplated purchase or purchases are to be made by said Board. Bids. Section 20. That from and after the passage of this Act,

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all moneys and funds received by or coming into the hands and possession of said Board, or a member thereof, or the Clerk thereof, for and on account of said County of Bryan, shall be by them promptly paid over to the County Treasurer of said County and his receipt taken therefor, which receipt shall be filed away with the other records of said Board and shall be kept open and subject to public inspection; and said moneys and funds shall be paid out and disbursed by said Board only upon county warrants, drawn by the Chairman and Clerk of said Board, after the issuance of such warrants has been authorized and directed by a majority vote of said Board; said warrants to be drawn upon the County Treasurer of Bryan County. Money to be turned over to treasurer. Section 21. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 22, 1941. BRYAN COMMISSIONER'SZONING. No. 236. An Act granting to the Commissioners of Roads and Revenue of Bryan County in the State of Georgia the authority to provide for, regulate and restrict in the unincorporated portions of the County the location, height, size, and use of buildings and other structures, the size of yards, courts and other open spaces, the density of population, the location of streets, and the use, conditions of use or occupancy of land for trade, industry, residence, recreation, transportation, agriculture, grazing, soil and water conservation, forestry, flood control or other purposes; to provide for the establishment of districts or zones for such regulation, location and use; to provide for county planning and the regulation of subdivision of land; to provide for a commission or board and grant

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of power to carry into effect such regulations and provisions; to provide for designation of such commission or board as the official commission or board for municipalities in said county; to provide remedies for the enforcement 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 Bryan County, in addition to all other powers delegated to them are hereby empowered to regulate and restrict the height, number of stories, and size of buildings and other structures, the percentage of lot that 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, and the use, conditions of use, or occupancy of land for trade, industry, residence, recreation, transportation, agriculture, grazing, soil and water conservation, forestry, flood control or other purposes; to provide for county planning; to provide for the regulation of subdivision of land; and to establish setback lines for buildings and structures along the streets and roads. Zoning power. Section 2. Districts. Be it Further Enacted by the authority aforesaid That the Commissioners of Roads and Revenues of Bryan County are hereby given power and authority to divide the unincorporated portions of the county into districts of such number, shape and area as may be deemed best suited to carry out the purpose of this act; and within such districts they may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings and structures, and the use, conditions of use, or occupancy of land; and in that case may adopt an official zoning ordinance, including a map or maps, indicating the districts, but the regulations in one district may differ from those in other districts. Power to divide county into districts.

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Section 3. 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 purposes, among others, of lessening congestion in the roads and streets; protecting the development of both urban and non-urban areas; securing safety from fire, flood, erosion, and other dangers; providing adequate light and air; promoting the health and general welfare, encouraging such distribution of population and such classification of land uses and distribution of land development and utilization as will tend to facilitate economic and adequate provisions for transportation, roads, airports, water supply, drainage, sanitation, education, recreation or other public requirements; conserving and developing the natural resources; fostering the State's agricultural and other industries; protecting the food supply. Such regulations shall be made with reasonable consideration, among others, to the character of the districts and their peculiar suitability for particular uses, and to the minimum and maximum amounts of land required for particular uses, and with a general view to promoting desirable living conditions and the sustained stability of neighborhoods, protecting property against blight and depreciation, securing economy in governmental expenditures, and encouraging the most appropriate use of land in the county. Purposes. Section 4. Planning Board. Be It Further Enacted by the authority aforesaid That in order to avail themselves of the powers conferred by the Act, the Commissioners of Roads and Revenue of Bryan County are hereby given the power and authority to appoint a board of five or seven members known as the County Planning Board. Planning board. Any 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 office. The terms of ex-officio members shall

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correspond to their tenures in office. The term of each appointed member shall be four years, except that the respective terms of three of the members first appointed shall be one, two and three years. If the said Commissioners of Roads and Revenue so desire, they may, instead of, or in addition to, appointing a planning board for Bryan County form a regional planning board in conjunction with the governing authorities of another county or counties and thereupon may delegate to such regional planning board any or all of the powers and duties which under the terms of this Act are conferred on the County Planning Board. The Commissioners of Roads and Revenue may provide for reimbursement of the members of the planning board for actual expenses incurred and shall provide for the filling of vacancies in the membership of such board, for the removal of any members for cause, on written charges, after a public hearing. Reimbursement for expenses Section 5. 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 obligation incurred by said County Planning Board without the consent and approval of said Commissioners. Personnel. The State Planning Board and all other State Agencies, Departments and officials 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.

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Section 6. 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 between counties Section 7. Designation Of County Planning Board As Official Municipal Planning Board. The Council or other chief legislative body of any municipality located in whole or in part within the limits of Bryan County may designate such County Planning Board as the official planning board of said municipality and in the event of such designation and acceptance thereof by the County Planning Board and the Commissioners of Roads and Revenue of Bryan County, the County Planning Board shall have all the powers and duties provided by law for the municipal planning board in said municipality or municipalities; and in the even no legislation has been enacted for the establishing of a planning board and defining its powers in any municipality, the powers and duties outlined in the Bryan County Act shall be of force. Authority may be extended to municipalities. Section 8. Preparation of Zoning Plan. Be It Further Enacted by the authority aforesaid That the County Planning Board shall make for certification to the Commissioners of Roads and Revenues a zoning plan, or plans, including both the full text to 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, size of lots, courts and other open spaces, the density and distribution of population, the location and use of buildings and structures for

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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 to be prepared. When the efforts of such a board shall have reached the stage of the tenative plans, the board shall hold at least one public hearing on each tentative plan separately submitted, notice of which hearing shall be given by publishing notice thereof in the official gazette of the county at least two weeks before the date of the hearing. The notice shall contain the time and place of hearing, and shall specify the time and place at which the tenative texts 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 the development at such hearing or hearings make changes in its tenative plan no further hearings shall be required. Public hearing. Section 9. Method of Procedure. Be It Further Enacted by the authority aforesaid That after receiving the certification of a zoning 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 which notice once a week, for at least two weeks in advance, 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 the 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,

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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. Procedure. Section 10. 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 suggestion 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 Revenues, 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 two weeks notice of the time and place of which shall be given by at least two weekly publications in the official gazette of the county. Amendments. Section 11. Board of Adjustment. Be It further Enacted by the authority aforesaid, That the Commissioners of Roads and Revenue of Bryan County shall provide for a Board of Adjustment of three or five members and for the manner of appointment thereof. Board of adjustment. 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

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not more than one member shall expire each year. The said Commissioners may remove any member for cause on written charges after a public hearing. Any vacancy shall be filled by the Commissioners for the unexpired term. The Commissioners of Roads and Revenue may appoint associate members of such board and in the event that any member be temporarily unable to act, due to absence from the County, illness, interest in a case before the board, or any other cause, his place may be taken during such temporary absence or disability by any associate member designated for the member. Terms of members. 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 Adjustment, which rules shall not be inconsistent with the provisions of this Act or such general rules. The Board shall elect one of its member 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. Appeals to the Board of adjustment may be taken by any officer, department, board or bureau of the County of Bryan 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

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appeals shall be taken as provided by the rules of the Board of Adjustment 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 adjustment all documents pertinent to the decision appealed from. The filings 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 Adjustment. After such decisions, proceedings in conformity herewith shall not be further stayed except as hereinafter provided. Appeals to board of adjustment. The Board of Adjustment 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 attorney at law. The Board of Adjustment shall, subject to such appropriate conditions and safeguard as may be established by the Commissioners of Roads and Revenue, having the following powers; 1. To hear and decide appeals where it is alleged by appellant that there is an error in any order, requirement, decision or determination made by an administrative official or agency in the enforcement of this act or of any ordinance or regulation adopted pursuant thereto. 2. To authorize upon appeal in specific cases such variance from the terms of such ordinance or regulations as will not be contrary to the public interest, where, owing to special conditions fully demonstrated on the basis of the facts presented, literal enforcement of the provisions of the ordinance or regulation will result in great practical difficulties or unnecessary hardships, and so that the spirit of the ordinance or regulation shall be observed and substantial justice done. Special conditions.

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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 Adjustment 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 Adjustment, or any officer, board or bureau of the said County, may appeal from any decision of the said Board of Adjustment to the Superior Court in and for said County by filing with the Clerk of the said Court a petition in writing setting forth plainly, fully and distinctly wherein such decision is contrary to law. Such appeal will be filed within thirty days after the decision of the Board of Adjustment is rendered. Appeals 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 Adjustment, and within thirty days from the time of such notice the Board of Adjustment shall cause to be filed with the said Clerk a duly certified copy of the proceedings had before the said Board of Adjustment, 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 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 Adjustment shall be final and conclusive on the hearing of such appeal. In determining the questions presented

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by the Appeal the court shall determine only whether the decision of the Board of Adjustment 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. Appeals to higher courts. The filing of an appeal in the Superior Court from any decision of the said Board of Adjustment 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 Adjustment should be reversed by the Superior Court the said Board of Adjustment shall be cast with the costs and the same shall be paid by the County of Bryan. Section 12. Joint Board of Ajdustment. Be It Further Enacted by the authority aforesaid That in lieu of a separate Board of Adjustment for Bryan County, it may join with one or more counties having similar zoning and planning authority in the establishment of a joint Board of Adjustment of five members having all of the jurisdiction, powers and incidence of the Boards of Adjustment for the several respective counties. Such joint Board of Adjustment 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 Adjustment shall lie in the Superior Court of the County in which the particular question arose. The several counties shall have the authority to defray the proper expense of such joint Board of Adjustment and apportion such expense among the participating counties. Joint board of adjustment may be formed. The Council or other chief legislative body of any municipality

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located in whole or in part within the limits of Bryan County that has designated the County Planning Board as the official municipal planning board, may designate the County Board of Adjustment as the official municipal Board of Adjustment of said municipality, and in the event of such designation and acceptance thereof by the County Planning Board and the Commissioners of Roads and Revenue of Bryan County, the County Board of Adjustment shall have all of the powers and duties as provided by law for the municipal board of adjustment; and in the event there is no legislation for a municipal board of adjustment the power and authority granted the County Board of Adjustment shall obtain. Board of adjustment extra-jurisdiction. 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 or amendment, and such use may be extended throughout the same building provided no structural alteration of such building is proposed or made for the purpose of such extension. The Commissioners of Roads and Revenue may provide in any zoning ordinance for the restoration, reconstruction, extension or substitution of non-conforming uses upon such terms and conditions may be set forth in the zoning ordinance. The Commissioners of Roads and Revenue may in any zoning uses, either by specifying the period or periods in which nonordinance provide for the termination of 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.

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Section 14. Planning. Be It Further Enacted by the authority aforesaid, That the said Planning Board shall study the resources, possibilities and needs of the county and shall prepare a master plan and maps for the systematic future development 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. Master plan to be drawn. Section 15. Subdivision Control. Be It Further Enacted by the authorities aforesaid, That before any street or road is opened or extended or before any new subdivision for residence, business or industrial use is made, the person or persons proposing to open or extend such streets or roads or such new subdivision, shall submit a detailed plan of same, with other necessary data to the Planning Board. The Planning Board shall adopt regulations governing the subdivision of land and the preparation of maps and plats and the filing for record of same for all lands within its jurisdiction. The adoption of such regulations shall follow the method or procedure covered in Section 9. 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 of laying of water mains and sewer lines, and then transmit such applications, with all plans and data, to the Cimmissioners 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. Subdivision control.

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From and after the adoption of rules and regulations governing the subdivision of lands and the preparation of maps and plats in Bryan County, no map or plat shall be filed for record by the County Recorder or other officer designated to accomplish this duty, unless said map or plat complies with all the provisions of said rules and regulations and bears the proper approval of the County Planning Board and the Commissioners of Roads and Revenue. Plats filed for record. The approval of the Planning Board and the Commissioners of Roads and Revenue of such plan shall be deemed an acceptance of the dedication shown thereon, but shall not impose any duty on the county concerning maintenance or improvement. Section 16. Violations: Enforcement and Remedies. 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; 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,

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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. Section 17. Punishment of Contempt. Be it further enacted by the authority aforesaid, That in case of contempt of any party, witness or other person before either the Planning Board or the Board of Adjustment, 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. Punishment. Section 18. 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 monies, otherwise unappropriated, as they may deem fit to finance the work of the County Planning Board and the Board of Adjustment 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. Finance. Section 19. 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 validity shall not effect any other portion or provisions of this Act. Legality. Section 20. Conflict With Other Laws. Be it further

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enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 22, 1941. BRYANU. S. COAST AND GEODETIC SURVEY SYSTEM ADOPTED. No. 235. An Act To describe, define and officially name a system of coordinates for designating the positions of points on the surface of the earth within Bryan County; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. The system of plans 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 Bryan County. System adopted. 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 rectagular coordinates of the triangulation and traverse stations of the United States Coast and Geodetic Survey within Bryan

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County, as these coordinates have been determined by said survey. Coordinates named. Section 3. For the purpose of more precisely defining the Georgia Coordinate System, East Zone, the following definition by the United States Coast and Geodetic Survey is adopted; 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 10 minutes west longitude and the parallel 30 minutes north latitude. This origin is given the coordinates: Definition. x = 500,000 feet and y = 0 feet. The position of the Georgia Coordinate System, East Zone, shall be as marked on the ground by triangulation of traverse stations established in conformity with standards adopted by the United States Coast and 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. Section 4. For the purpose of describing the location of any survey station or land boundary corner in Bryan 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. Uses. Section 5. The Commissioners of Roads and Revenues of Bryan County shall have authority to formulate rules and regulations for surveys to be based on the Georgia

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Coordinate System, East Zone, and for the administration of this Act. 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. Limitation. 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. Section 8. This Act is to take effect January 1st, 1940. Effective date. Section 9. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 22, 1941. BURKE COMMISSIONER'S CLERK. No. 128. An Act To amend an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Burke to be elected by the qualified voters of said County, to define the duties of said Commissioners, and for other purposes, approved August 21, 1911, appearing on pages 390-398 of the 1911 Acts of the General Assembly of Georgia, by striking from said Act Section 13, which provides that the Ordinary of said County shall be Clerk of said Board of Commissioners, and fixes his salary and duties, and enacting in lieu of said stricken Section a new Section 13, so as to provide that the Clerk of said Board of Commissioners shall be elected annually by the membership of said Board; to provide for the salary of said Clerk; to define the duties of said Clerk; 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, as follows: Section 1. That an Act approved August 21, 1911, entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Burke to be elected by the qualified voters of said County, to define the duties of said Commissioners, and for other purposes, appearing on pages 390-398 of the 1911 Acts of the General Assembly of Georgia, be and the same is hereby amended by striking from said Act Section 13 in its entirety, and by inserting in lieu thereof a new Section 13, as follows, to-wit: Act of 1911 amended. Section 13. Be it further enacted that said Board of Commissioners shall elect annually a Clerk of said Board of Commissioners, who shall be elected at the regular monthly session of said Board next after the passage and approval of this Act, and annually thereafter at the regular session in the month of January of each succeeding year. The Clerk of said Board of Commissioners shall be paid a reasonable salary to be fixed and determined by proper resolution of said Board, and to be paid out of the County Treasury of Burke County. The Clerk of said Board shall keep on file in his office a book of minutes upon which he shall enter all the proceedings and resolutions of said Board of Commissioners, a book of bonds upon which he shall record the bonds of all officers who qualify before said Board of Commissioners, and such other books, records, vouchers, and other papers as may be required of him by said Board of Commissioners. Clerk provided. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 5, 1941.

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BUTTS COMMISSIONERSACT REPEALED. No. 78. An Act To repeal the act creating a Board of Commissioners of Roads and Revenues for Butts County, Georgia, defining the powers and duties and fixing the compensation thereof, etc., as published in Georgia Laws 1925 pp. 565, 574, and all laws amandatory thereof; to provide when this act shall become effective; to repeal conflicting laws; and for other purposes. Be it and it is hereby enacted by the General Assembly of Georgia: Section 1. That the Act approved August 15th, 1925, (Georgia Laws, pp. 565, 574), creating a Board of Commissioners of Roads and Revenues for Butts County, Georgia, and defining the powers and duties and fixing the compensation of said Board, and all Acts amendatory thereof, is hereby repealed. This Act shall not become effective until the Act establishing and creating a new Board of Commissioners of Roads and Revenues for Butts County, Georgia, has been approved, and the Commissioners provided for therein have been elected and qualified under its provisions; and until such time, the members of the present Board of Commissioners shall remain in office and continue to perform their duties as prescribed in the Act of 1925 and Acts amendatory thereof. Act of 1925 repealed. Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. Approved February 24, 1941.

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BUTTS COMMISSIONER'S OFFICE CREATED. No. 79. An Act To create a Board of Commissioners of Roads and Revenues for Butts County, Georgia; to provide for the election of members for the same and their qualifications; to define their powers and duties; to repeal conflicting laws; and for other purposes. Be it and it is hereby enacted by the General Assembly of Georgia: Section 1. There is hereby created a Board of Commissioners of Roads and Revenues for Butts County, Georgia. Said Board shall consist of three members who shall be freeholders and qualified voters of said county, legally qualified to hold public office, and each shall be ineligible to hold any other office or employment of the county during his term of office as a member of said Board. Board created. Section 2. Upon the approval of this act, it shall be the duty of the Ordinary of said county to call an election to be held in the usual voting precincts of said county not less than thirty and not more than forty days after the date of said call. Notice of said election shall be published once a week for four weeks in the official newspaper of said county prior to the date of said election. Only those residents of the county qualified to vote for members of the General Assembly shall be permitted to vote in said election, and the Ordinary shall prepare and send out to the election managers of the various precincts the necessary election papers, and the returns of said election shall be made by the managers to the Ordinary and by him consolidated, and he shall declare the result thereof. The same statutes, rules and regulations shall apply to the holding of said election as apply to elections for members of the General Assembly. The expenses of this election shall be paid by the county out of its general funds. Election to be held.

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Section 3. The three candidates in said election receiving the highest number of votes, provided each shall receive a majority, shall be declared elected by the Ordinary, and said Commissioners thus elected shall take their office within thirty days after said election. The present Board of Commissioners shall remain in office until those elected aforesaid have taken the oath and qualified. The terms of the members elected as aforesaid shall expire December 31st, 1944, and their successors shall be elected for a term of four years at the regular election for county officers. At all regular elections for county Commissioners the three persons receiving the highest number of votes cast, if such number as to each is a majority of the votes cast, shall be elected Commissioners. Terms. Section 4. Said Commissioners elected in the election first above provided for shall meet at the courthouse in the county and shall take the oath prescribed by law before the Ordinary and shall each give bond in some surety company authorized to do business in this State to be approved by the Ordinary in the amount of five thousand ($5,000) dollars, conditional upon the full and faithful performance of their duties and the strict accounting of all bonds of the county which may come into their hands. The Commissioners shall organize by electing one of their members chairman, whose duty it shall be to preside at all meetings and sign all orders of the Commissioners. The chairman shall have the right to vote on all questions before the Board, and shall also have the right to make motions and perform all duties imposed under this act upon said Commissioners. Oath. Chairman selected. Section 5. The Commissioners shall elect a clerk for said Board, whose duty it shall be to keep in a well bound book a complete record of the minutes, acts and doings of said Board, and said book or record shall be open to the inspection of any citizen or citizens of said county at all

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times. The clerk shall perform such other duties as said Board may require of him and shall hold office at the pleasure of the Board. He shall receive a salary to be fixed by the Board, not to exceed five hundred ($500) dollars per annum, payable in monthly installments as compensation for his services. The Board may elect as clerk, the Ordinary of said County, or the Treasurer of said county. Clerk selected. Section 6. Each Commissioner shall receive as compensation for his services a sum not to exceed three ($300) dollars per annum, and the chairman of said Board may, by a resolution of the other Commissioners, be allowed the additional sum of twenty-five ($25) dollars per month for traveling expenses incurred in attending to the business of the county, or of the Board. Compensation. Section 7. The Commissioners shall have exclusive jurisdiction and control over the following matters, to-wit: In directing and controlling all of the property of the county in the manner provided by law; in levying taxes according to law; in establishing, abolishing or changing election precincts or militia districts; in allowing the insolvent list of the county; in settling all claims and accounts of officers having the care, management or disbursement of funds belonging to, or appropriated for the use and benefit of the county and in bringing them to settlement; in providing for the poor of the county and for the promotion of health as provided by law; in electing or appointing all minor officers and employees of the county, whose election or appointment is not otherwise provided for by law, such as the superintendent of roads, janitor of the courthouse, etc.; in making such rules and regulations as to duties, hours and standards of service to be performed by such officers and employees and in fixing the compensation thereof; and generally to have and exercise all the powers heretofore vested in the Ordinary of said county when sitting for county purposes; and to exercise such other powers as are granted by law or as

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may be indispensable or incidental to their jurisdiction over county matters or county finances. Provided, however, that the power to employ or appoint officers and employees shall not include the power to employ a regular county attorney or a regular county physician. An attorney or county attorney and a physician or county physician shall be employed by the Board only when needed and shall be compensated for their services in accordance with the accounts rendered in a detailed statement, and according to their contracts with the Board with reference to each specific service rendered. Jurisdiction of board. Section 8. The Commissioners shall hold regular meetings at the courthouse of the county on the first Monday in each month, and may adjourn from day to day and may hold call sessions of the Board whenever, in the opinion of a majority of said Board, the public necessity requires. Meetings. Section 9. A majority of said Board shall constitute a quorum for the transaction of any business that may come before said Board. Section 10. In the case of a vacancy in the office of any Commissioner, caused by resignation, death or otherwise, it shall be the duty of the Ordinary of the county to call a special election within twenty days for the filling of said vacancy. Said special election shall be held and the qualification of voters therein determined in the same manner as now provided by law for a special election. The person elected to fill said vacancy shall hold office only for the unexpired term, and until his successor elected at the next regular election, qualifies to succeed him. Vacancy. Section 11. In all transactions of said Board involving the funds of the county where the amount of goods, merchandise, materials or equipment to be bought or sold amounts to more than three hundred ($300) dollars, the Board shall, before selling or buying the same, advertise

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for bids upon the bulletin board in the courthouse of Butts County, and at least once in the official county organ, at least ten days before contracts are to be let or awarded. When bids are opened, the contracts shall be let or awarded to the best and lowest bidder, but the Board shall have the right to reject any and all bids, and to readvertise for further bids in the manner above provided. Before any contract is let or awarded to any person, firm or corporation for the sale or purchase of goods, wears or merchandise involving the expenditure of more than three hundred ($300) dollars there must have been at least two bids of record with the Board. All bids whether accepted or rejected shall be filed for permanent record. Advertising for bids. Section 12. The Commissioners are authorized and directed to have all of the books, files and records of the various county officers of the county audited by some certified public accountant licensed in this State at least once in every two years, and said audit shall be made available to any and all grand juries following the completion of the same. Should the Commissioners fail or refuse to have such an audit or audits made, then the Judge of the Superior Court of said county, or the grand jury, may order the same to be done. The cost and expenses of all such audits shall be paid out of the general funds of the county upon bills therefor approved by the Commissioners, or the grand jury or judge directing the same to be made. Books to be audited. Section 13. The Commissioners shall keep a book of inventory of all properties of the county, together with the valuation of the same, a description of the places where located and in whose custody and keeping such property is, a description of the condition thereof, and said inventory shall be carefully revised each year and a copy thereof made available to each grand jury of the county. The Board shall keep such other books and records as are necessary to show at all times the financial condition of the county. Record of property.

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Section 14. The Board shall have published each month in the official county organ, not later than the second issue of said paper for each month, an itemized statement of the receipts and disbursements, giving the number and amount of voucher or check, the payee named therein, and the purpose for which given. Failure by the Board, or any member thereof, to perform this duty shall constitute a ground for declaring a vacancy or vacancies in the office of the members or members responsible for such omission or failure, and when the facts thereof and the responsibility therefor has been established by sworn affidavits before the Ordinary of the county, it shall be the duty of said Ordinary to declare a vacancy or vacancies and to call a special election for the filling of the same. Statement to be published. Section 15. Upon the petition of at least twenty-five per centum of the citizens of the county, legally qualified to vote for members of the General Assembly, charging any act or acts of misfeasance, nonfeasance or malfeasance in office on the part of any Commissioner, it shall be the duty of the Ordinary to call a special election at which the question of the recall of the offending Commissioner shall be submitted to the qualified voters of the county, and in said election should a majority of the qualified voters of the county vote for the recall of any Commissioner accused of any act of misfeasance, nonfeasance or malfeasance in office the Ordinary shall declare the results of said election and declare a vacancy in the office of said Commissioner, and shall forthwith, in the manner provided for the calling of special elections, call a special election for the purpose of electing a successor to the member thus recalled. Recall provided. Section 16. All laws or parts of laws in conflict with this act are hereby repealed. Approved February 24, 1941.

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BUTTS COUNTYSHERIFF'S BOND REDUCED. No. 70. An Act to reduce the bond of the sheriff of Butts County, Georgia, from ten thousand ($10,000.00) dollars to two thousand ($2,000.00) dollars; to repeal conflicting laws; and for other purposes. Be it and it is hereby enacted by the General Assembly of Georgia: Section 1. That the official bond of the sheriff of Butts County, Georgia, is hereby reduced from the present sum of ten thousand ($10,000.00) dollars to the sum of two thousand ($2,000.00) dollars. Bond reduced to $2,000. Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. Approved February 24, 1941. CAMDEN COMMISSIONERSACT REPEALED. No. 121. An Act To repeal an Act in so far as it applies to Camden County, entitled an Act to create Boards of Commissioners of Roads and Revenues for Echols, Thomas and Camden Counties, approved February 20, 1873, and approved as to Camden County February 17, 1877, and all Acts amendatory thereof in so far as they relate or apply to Camden County, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, that an Act entitled an Act to repeal an Act in so far as it applies to Camden County, entitled an Act to create Boards of Commissioners of Roads and Revenues for Echols, Thomas and Camden Counties approved February 20, 1873, and

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approved as to Camden County February 17, 1877, and all Acts amendatory thereof in so far as they relate or apply to Camden County, be and the same are hereby repealed. Act repealed. Section 2. Be it further enacted by the authority aforesaid that this Act shall become effective immediately upon its passage and approval. Section 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 26, 1941. CAMDEN COMMISSIONER'S OFFICE CREATED. No. 122. An Act To create a Board of Commissioners of Roads and Revenue for Camden County, Georgia; to stipulate the powers and duties of such board; to name five Commissioners; to name and designate the term for which they will serve; to provide the time and manner of the election of their successors; to create and establish five Commissioners' Districts in said County; to provide for the election of a Chairman and a Chairman Pro Tem of said Board; the election of a Clerk and County Attorney; to provide for the salary of such Clerk and County Attorney; to provide for the compensation of the members of said Board, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that a Board of Commissioners of Roads and Revenue for the County of Camden is hereby created. Said Board shall consist of five members who shall be qualified voters of said County and of the District from which elected, and shall be in all respects qualified to hold public office in the State of Georgia. Board created.

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Section 2. Be it further enacted by the authority aforesaid that the following named persons are hereby appointed, constituted, and made Commissioners of Roads and Revenue for said County under and by virtue of this act, to-wit: N. C. Brown, J. H. Gross, Lucius Proctor, A. A. Buie and C. L. McCarthy, and that said commissioners so named shall serve until January 1, 1943, or until their successors are elected and qualified as hereinafter provided. Members named. Section 3. Be it further enacted by the authority aforesaid that the said County of Camden shall be divided into five Commissioners' Districts, to be known as Districts numbers One, Two, Three, Four and Five; that Commissioners' District number one shall embrace all the territory within the boundaries of the Saint Marys Consolidated School District; Commissioners' District number two shall embrace all the territory within the boundaries of the Kingsland Consolidated School District; Commissioners' District number three shall embrace all the territory within the boundaries of the Woodbine Consolidated School District; Commissioners' District number four shall embrace all of the territory within the boundaries of the White Oak Consolidated School District, and Commissioners' District number five shall embrace all of the Territory within the boundaries of the Waverly Consolidated School District. County divided into districts. Section 4. Be it further enacted by the authority aforesaid that at the general election to be held in November, 1942, one Commissioner from each of the Districts named in Section 3, and who shall be a resident of the District from which he is elected, shall be elected. Said Commissioners shall be elected by the qualified voters of the entire county, and not alone by the voters of the District from which said Commissioners shall serve. The Commissioners elected at said election shall be the successors to the Commissioners named in Section 2 of this Act, and their term of office shall begin on January 1, 1943. Election.

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Section 5. Be it further enacted by the authority aforesaid that the Board of Commissioners of Roads and Revenue as set out in Section 2 of this Act shall convene at the Court House in said County on the first Tuesday of the month after this Act is approved, and after taking an oath before the Ordinary of said County to faithfully discharge their duties as such commissioners, shall organize by electing one of their number as Chairman, and by electing another one of their number as Chairman Pro Tem. They shall also elect a Clerk and a County Attorney. The time of meeting of said appointed board and of their successors shall be the first Tuesday in each month, at the County Court House; but the said Board shall have the right and power to hold call meetings at such times as the Board may deem necessary; such call meetings to be held upon the call of the Chairman or by a maority of the members of the Board. Meetings. Section 6. Be it further enacted by the authority aforesaid that it shall be the duty of the Chairman to preside at all meetings, sign all warrants on the treasury, and all orders of the Board and any and all other instruments of writing authorized and directed by the said Board. In the absence of the Chairman of the Board from any meeting, either regular or call, the Chairman Pro Tem shall preside and shall perform all the duties prescribed for the Chairman. The Chairman, or acting chairman, shall have the right at all meetings to vote on all questions before the Board, and shall also have the right to offer motions and resolutions and to perform all the duties and to have all the rights and privileges exercised by any other member of the Board. It shall be the duty of the Clerk to keep a well bound book as an accurate minute and record of all the proceedings of said Board, to countersign all warrants and other instruments in writing which may be issued and signed by the Chairman of the Board. It shall be the duty of the County Attorney to give counsel and legal advice to

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the Board of Commissioners with reference to county matters, and to represent the county in any litigation that may arise where the county is a party. Duties of chairman. Section 7. Be it further enacted by the authority aforesaid that in case of a vacancy in said Board, which may be caused by death, resignation or otherwise, the other members of said Board shall have the right and power to fill such vacancy by their election of some person, who must be in all respects qualified and entitled to hold such office, until the next general election when a successor to the person so appointed and elected by said Commissioners shall be elected for the unexpired term; and any person so appointed and elected by the commissioners or elected at a general election to fill the vacancy, shall be a resident of the Consolidated School District from which the vacancy occurred. In the event that the remaining members of the Board of Commissioners of Roads and Revenue were unable to appoint or elect a person to fill such a vacancy by reason of said Board failing to cast a majority vote for any one person, then, and in that event, the said Board of Commissioners of Roads and Revenue must and shall order an election to be held throughout the county and in which all qualified voters shall have the right and privilege to vote, to fill the vacancy for the unexpired term, provided that only such persons shall be eligible to qualify as candidates in such election as are residents of the District from which the vacancy occurred. Vacancies. Section 8. Said Board of Commissioners of Roads and Revenue shall have exclusive jurisdiction over and control of all county matters such as public roads, bridges, the working of convicts, the maintaining of the county convict camp, the county finances, the levying and collection of taxes agreeable to law, the management, control over and disbursing of county funds, the erection, repair and maintenance of public buildings. The said board shall have

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jurisdiction of establishing, abolishing and changing election precincts and establishing the number and location of polling places in the several precincts; of auditing the books and records of all county officials; of settling all claims against or for the county; and shall have the complete authority in the management, collection, control, handling and disbursement of all moneys belonging to said county, and management, control, purchase and sale of its assets and property subject to the general provisions of law, and shall be vested with all the rights, powers and authority vested in the ordinary, when sitting for county purposes, as defined in the Code of Georgia of 1933, and the amendments thereto now existing, except the calling and supervising of elections which shall be done by the ordinary. The said Board shall provide for their own compensation, either on a per diem or salary basis. They shall fix the salary, retainer or compensation of their County Attorney and shall fix the salary of their Clerk. Jurisdiction of board. Compensation. Section 9. Be it further enacted by the authority aforesaid that the Commissioners of Roads and Revenue elected at the general election in November, 1942, be elected for a term of two years from January 1, 1943, and that all succeeding Boards of Commissioners to be elected under this Act shall be for a like term, except that those elected to fill vacancies shall be elected for the unexpired term as hereinabove provided. The term of all Boards of Commissioners as herein provided shall begin on January 1, next following the general election at which they were elected. Their first meeting shall be on the 1st Tuesday of January next following the first day of January, unless the 1st Tuesday in January is also the 1st day of January, in which event they shall meet on that date. Terms. Section 10. 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 26, 1941.

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CARROLL HOSPITAL AND HEALTH BOARD ESTABLISHED. No. 216. An Act To establish a Hospital and Health Board for Carroll County, to name the members of said Board, fix the terms of office of its members, to provide for their successors and the method of their selection, outline the powers and duties of said Board, to provide for the removal and for the filling of vacancies of said 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, there is hereby created a Board known as Carroll County Hospital and Health Board, which shall be composed of five members who shall be citizens and freeholders of Carroll County, Georgia. No person who has not reached the age of twenty-five at his last birthday shall be qualified to serve on said Board, and not more than two members shall be bona-fide residents of the same militia district of Carroll County at any one time. Hospital and health board created. Section 2. Be it further enacted, that the members of said Board shall serve for terms of five years unless by death, resignation or removal, a vacancy is created. The terms of all members shall expire on June, thirtieth, of the fifth year of their service unless otherwise provided. Terms and names of members. Section 3. The first members of said Board shall be T. R. Luck, chairman, to serve until June 30, 1942; Frank Pope, to serve until June 30, 1943; J. H. Barr, to serve until June 30, 1944; W. T. Freel, to serve until June 30, 1945; William Traylor, to serve until June 30, 1946; unless one or more vacancies may be created by death, resignation or removal. Section 4. Be it further enacted that any vacancy created

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either by death, resignation or removal shall be filled by recommendation of Grand Jury, then or next in session and with the approval of the Judge of Superior Court, of Carroll County. The Grand Jury of the April term of Superior Court, shall recommend to Judge of said Court the name of the person to succeed the member whose term expires June, 30th, next, and when he approves said recommendation, the person named will take office for the term designated. All members of said Board shall before entering upon the duties as such take an oath to perform faithfully and impartially the duties as member of said Board, which oath shall be recorded in the minutes of said Board. Vacancies, how filled. Section 5. Be it further enacted that Grand Jury of Carroll County upon its own initative or upon recommendation of majority of the members of said Board after a thorough investigation in which all sides shall be heard and for good cause may declare the terms of any or all members of said Board vacant and upon approval of their findings by the Judge of Superior Court, of Carroll County, the offices of such member or members shall immediately become vacant. When vacancies occur in this manner, temporary appointments shall be made by the Judge of Superior Court, which shall be filled permanently by the next succeeding Grand Jury. Temporary appointments. Section 6. Be it further enacted, that said Board shall be the Trustees of all real and personal property received by it, for its use from any source whatsoever, and it shall have the power to act for the people of Carroll County, in all matters pertaining to Public Health, Public Hospitalization and Public Medical, and Dental Clinics, in accordance with the laws now in force or which may hereafter be enacted. Board to be trustees of property. Section 7. Be it further enacted that said Board is charged with the duties and responsibilities of the Public Health Board of Carroll County and is hereby designated

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as such for the purpose of carrying into effect the Ellis Health Law of said State in said County, and for carrying on any Public Health Clinics and activities in said Carroll County. And in addition to the above, the Carroll County Commissioner of Roads and Revenues or Chairman of the Board of Carroll County Commissioners of Roads and Revenues, the Carroll County School Superintendent, and the Carroll County Physician shall be ex officio members of the Board for the purpose of carrying out the Ellis Health Law. Said Board shall have authority to fix time and place of its meeting. Duties of board. Section 8. Be it further enacted, that said Board is authorized to acquire, build, maintain, and operate public hospitals in said County and shall be the sole authority acting for the people of said County in all matters of Public Hospitalization in accordance with the laws now in force or which may hereafter be enacted. Section 9. Be it further enacted, that said Board through its properly designated fiscal officer shall receive direct from tax collecting authorities of said county all tax funds levied and collected by said County for public health or public hospitalization and is hereby authorized to expend said funds for public health and public hospitalization by action of majority of said Board and in accordance with laws governing the same. Section 10. Be it further enacted, that said Board is authorized to receive all public health and hospital funds granted by the State of Georgia or the Government of the United States or any agency thereof to Carroll County, and to expend the same for the purposes granted. Section 11. Be it further enacted, that said Board is hereby authorized to receive and use contributions of any and all kinds, which will enable said Board to perform its duties and responsibilities to the people of Carroll County.

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Section 12. Be it further enacted, that said Board is authorized to fix reasonable fees for service rendered to non-charity patients and to collect same by law if not paid promptly. All fees collected shall become public funds to be used for public health and hospitalization. Section 13. Be it further enacted, that said Board through its fiscal officer shall file with the Grand Jury of Carroll County, at each October term, a full and complete statement of its receipts, disbursements and balances for the fiscal year ending June 30, preceding, and that all books and records of said Board or any of its agencies shall be subject to inspection by Grand Jury. Section 14. Be it further enacted, that all persons employed by said Board shall meet requirements as to training, experience and qualifications of State Board of Health and U. S. Bureau of Public Health, wherever and whenever said agencies provide standards for same. Section 15. Be it further enacted, that said Board is authorized to furnish its services to all persons in Carroll County whether living in incorporated cities and towns or in rural sections and upon the adoption and presentation of resolution from the governing body of any municipality in said County, the Board may take over the functions of health department of said municipality, and in all cases of conflict, in said County, regarding matters of health, quarantine and sanitation said Board shall have superior authority, within the laws of Georgia. Section 16. Be it further enacted, that said Board is authorized to furnish its service to others than residents of Carroll County, Georgia, upon the payment of such fees that may be fixed, and may contract with other counties for said purpose. Section 17. Be it further enacted, that said Board shall not contract to expend any more than it receives from all

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sources in any fiscal year, but it is authorized to lease property or equipment for its use in carrying out the purpose for which said Board is created. The fiscal year of said Board shall begin on July 1, each year and shall end on the 30th day of June following. Section 18. Be it further enacted, that said Board shall at its first meeting of each fiscal year elect from its membership a chairman, a vice-chairman and any such committees as it may deem necessary. It shall also elect or employ a secretary-treasurer and fix his salary and terms of employment, requiring him to furnish satisfactory and sufficient Surety Bond for the faithful performance of his duties and for proper and full accounting of all public funds coming into his custody. The secretary-treasurer of said Board shall be the fiscal officer of said Board and shall be the custodian of all funds and property controlled by said Board. He shall pay out funds only when authorized by said Board and all vouchers shall be countersigned by the chairman, or in his absence or incapacity, the vice-chairman. Meetings. Section 19. Be it further enacted that said Board is authorized to employ such persons and make such purchases of materials and property as it may deem necessary for the performance of its duties and responsibilities, but in no case shall its expenditures or contractural obligations exceed its expected revenue, for any fiscal year. Employment. Section 20. Be it further enacted, that annually before the Commissioner of Roads and Revenues fix the tax levy for Carroll County, the Board shall meet and determine the amount to be levied for Public Health and Public Hospitalization for said County, and shall transmit the same to said Commissioner of Roads and Revenues in writing, signed by chairman and secretary-treasurer, of said Board. When received by said Commissioner, he shall, within the limits of the law, cause said request to be made a part of tax levy for said County for the purpose requested by said Board. Determination of tax.

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Section 21. Be it further enacted that said Board shall promulgate all rules and regulations for the operations of all hospitals, clinics, and other agencies under its jurisdiction, and shall name all advisory boards needed to assist in its functions or for the purpose of its activities. Rules. Section 22. Be it further enacted, that no member of said Board shall be paid any salary, fee or compensation as such, nor shall he become a salaried employee while serving as a member of said Board. No salaries. Section 23. Be it further enacted, that should any section, paragraph, or sentence or part thereof of this Act be held unconstitutional or illegal, then it will not affect the validity of any other part of this act. Constitutionality. Section 24. Be it further enacted, that all laws or parts thereof in conflict are hereby repealed. Approved March 24, 1941. CHARLTON COMMISSIONERSAMENDMENT. No. 397. An Act To amend an Act of the General Assembly of the State of Georgia creating a Board of Commissioners of Roads and Revenues for the County of Charlton, State of Georgia, approved August 4, 1927 (Georgia Laws 1927, pp. 529 to 540 inclusive); said amendment providing for an additional road district and additional board member; naming the board member; prescribing what shall constitute a quorum and prescribing what shall constitute an affirmative vote of said board on any and all subject matters coming before said board, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same:

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Section 1. That immediately upon the passage and approval of this Act, Section 1 of An Act to create a Board of Commissioners of Roads and Revenues for the County of Charlton, State of Georgia, to provide for the selection of members thereof, etc., approved August 4, 1927, be so amended that line five (5) of said Section 1 be changed to read six (6) members instead of five (5) members, so that said Section 1, when so amended, shall read as follows: Act of 1927 amended. Sec. 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 for the County of Charlton, in said State, is hereby created, to consist of six (6) members who shall be qualified voters of said county. Six members. Section 2. Be it further enacted by the authority aforesaid, that Section 2 of said Act be stricken entirely, and in lieu thereof the following shall be substituted, so that said Section 2 shall read as follows: Sec. 2 stricken. Sec. 2. Be it further enacted by the authority aforesaid, that, for the purpose of this Act, the County of Charlton shall be divided into six (6) road districts as follows: The Folkston Militia District shall constitute District Number One (1); the Winokur Militia District shall constitute District Number Two (2); the Trader's Hill Militia District shall constitute District Number Three (3); the Gaineyville Militia District (now comprising both the Gaineyville and Toledo Militia Districts) shall constitute District Number Four (4); the Moniac Militia District shall constitute District Number Five (5); and the Uptonville Militia District (1193rd. Dist. G.M.) shall constitute District Number Six (6); and one Commissioner shall be elected for each road district from the territory in such road district, but the voters of the entire county shall vote for candidates for commissioners in both the primary and general election. Six road districts.

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Section 3. Be it further enacted by the authority aforesaid that Section 3 of said Act be amended by adding to said Section Three (3) a sub-section to be known as Section 3-B, said Section 3-B to read as follows: Sec. 3-B added. Sec. 3-B. P. G. Brooks is hereby named Commissioner for District Number Six (6) and he shall be commissioned by the Governor of Georgia upon the passage and approval of this Act, and shall hold office until December 31, 1942, or until his successor is elected and qualified, but nothing contained herein shall be construed as to prevent said P. G. Brooks from succeeding himself. The successor to said P. G. Brooks, herein named Commissioner for District Number Six (6) shall be nominated in the State Primary to be held in September, 1942, and elected in the General Election to be held for said State of Georgia in November, 1942, and the successor so nominated and elected shall hold office for a period of four (4) years from January 1st, 1943. Commissioner named. Section 4. Be it further enacted by the authority aforesaid, that Section Number Sixteen (16) of said Act approved August 4, 1927, shall be stricken entirely and in place or in lieu thereof the following shall be substituted therefor: Sec. 16 stricken. Section 16. Be it further enacted by the authority aforesaid, that the chairman and three other members of said board, or in the absence of the chairman, the vice-chairman and three other members of the board, shall constitute a quorum for the transaction of any business of the board; that at any regular or call meeting of the board any bill may be approved, any motion carried, any resolution passed and adopted or any legal subject-matter before said board shall be deemed carried by the affirmative vote of any two board members and the chairman voting with said two board members; that the chairman shall, at all times and

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upon all questions of subject-matters have the deciding vote by casting his vote with or in favor of votes cast by any other two members of said board. The true intent and purpose of herein prescribing what shall constitute an affirmative vote is that the chairman shall have the deciding vote by casting his vote with any other two members of said board, despite the fact that three other board members cast an affirmative vote of three ballots or votes on any legal subject matter coming before said board. Quorum. Meetings, powers. Vote. Intent of act. Section 5. 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. Repealing clause. Approved March 27, 1941. CHATHAM COUNTY PENSION BOARDACT AMENDED. No. 163. 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. (GEORGIA LAWS 1937 pp 1273-1282.) Section 1. Be it enacted by the General Assembly of the

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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 purposes 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 the same is hereby amended by striking therefrom in its entirety Section 16 on page 1281, Georgia Laws 1937, and inserting in lieu thereof a new Section to be known as Section 16 and to read as follows: Act of 1937 amended. Section 16 (a) Be it further enacted by the authority aforesaid, That if any employee of the County Commissioners and Ex-Officio Judges thereof that have served well and faithfully for a period of twenty-five (25) years or more, (five (5) years of which have been continuous and immediately before his retirement), he or she shall not be subject to dismissal by the County Commissioners and Ex-Officio Judges thereof, without the said Commissioners of Chatham County and Ex-Officio Judges thereof granting to him or her any pension to which he or she may be entitled under this Act, and unless he or she has violated some rule or regulation of the department in which he or she is employed, and that, in that event, his or her dismissal must be approved by the Commissioners of Chatham County and Ex-Officio Judges thereof, in meeting assembled. Pension provided. (b) The Commissioners of Chatham County and Ex-Officio Judges thereof are hereby authorized and empowered

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when any employee of the Commissioners of Chatham County or Ex-Officio Judges thereof has served well and faithfully for a period of twenty-five (25) years or more, (five (5) years of which have been continuous and immediately before his or her retirement), to retire or pension said employee upon the recommendation of the superior officer of said employee and also the recommendation of the Board of Pensions of Chatham County Georgia, same to be done with or without application from said employee and to pay said employee for his or her life one-half () the amount of his or her salary as of the time of his his or her retirement. Such pension, however, in no event, to exceed the sum of One Hundred ($100.00) Dollars per month. Same to be paid under and in compliance with the Acts creating said pension laws for the employees of Chatham County, Georgia, the ordinance or rules adopted in connection therewith by the Commissioners of Chatham County, Georgia, the Ex-Officio Judges thereof, and the Pension Board of Chatham County, Georgia. Approved March 12, 1941. CHATTAHOOCHEE SHERIFF'S BOND REDUCED. No. 5. An Act to reduce the bond of the Sheriff of Chattahoochee County, Georgia, from the amount of $6,000.00 to $2,000.00 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 Chattahoochee County, Georgia, shall be required to give bond in the sum of $2,000.00 instead of $6,000.00, as provided by the general laws as laid down in Code Section 24-2805; and it is the purposes of this Act to reduce the amount of said Sheriff's bond from $6,000.00 to $2,000.00. Bond reduced to $2,000.

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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. Effective date. Section 3. Be it further enacted, and it is hereby enacted by the General Assembly of Georgia, that all laws and parts of laws in conflict with this Act are hereby repealed. Approved February 4, 1941. CLARKE COUNTY DEPARTMENT OF HEALTHACT AMENDED. No. 370. An Act To amend an Act entitled An Act to consolidate the Clarke County Board of Health and the Board of Health of the City of Athens, etc., (Georgia Laws 1925, pages 598 et seq.) by providing for the addition of a dentist to board membership; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Act entitled An Act to consolidate the Clarke County Board of Health and the Board of Health of the City of Athens, etc., approved July 23, 1925 (Georgia Laws 1925, pages 598 et seq.) be and the same is hereby amended by adding to Section 1 the following language: Act of 1925 amended. The Board created hereunder shall also include a member who shall be a dentist, qualified to practice such profession under the laws of this State, and who shall be selected as follows: The Clarke County Dental Society shall nominate three reputable practicing Dentists whose names shall be submitted to the Mayor and Council of the City of Athens and to the Commissioners of Roads and Revenues of Clarke County, Georgia, commonly known as the County

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Commissioners, and said Mayor and Council of the City of Athens and the Commissioners of Roads and Revenues of Clarke County shall elect or appoint one of the three nominees. Upon said election or appointment the party chosen shall be a full and additional member of the Department of Health of Clarke County, with the rights, duties, privileges and emoluments of full Board membership. The full term of such Dentist member of the Board shall be for a term concurrent with the full term of the Physician member of the Department of Health of Clarke County; provided, however, that the term of the Dentist member first appointed shall expire at the same time the term of the Physician member shall expire. so that Section 1 of the said Act 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 there shall be a consolidation of the Clarke County Board of Health with the Board of Health of the City of Athens, which shall be known as the Department of Health of Clarke County. The members of this Department of Health shall consist of the County Superintendent of Schools, Chairman of the Board of Commissioners of Roads and Revenues, a reputable physician elected by the Grand Jury of Clarke County, at its first meeting held after the passage of this Act, and each four years thereafter, which physician shall hold office for four years, the chief executive of the City of Athens, and three members to be nominated by the Mayor and elected by the City Council, two of whom shall be women. Said City Council, at its December meeting after the passage of this Act, shall elect one member for a term of one year, one for a term of two years, and one for a term of three years, and their successors shall each be elected for a term of four years. The Board created hereunder shall also include a member who shall be a dentist, qualified to practice such profession under

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the laws of this State, and who shall be selected as follows: The Clarke County Dental Society shall nominate three reputable practicing Dentists whose names shall be submitted to the Mayor and Council of the City of Athens and to the Commissioners of Roads and Revenues of Clarke County, Georgia, commonly known as the County Commissioners, and said Mayor and Council of the City of Athens and the Commissioners of Roads and Revenues of Clarke County shall elect or appoint one of the three nominees. Upon said election or appointment, the party chosen shall be a full and additional member of the Department of Health of Clarke County, with the rights, duties privileges and emoluments of full Board membership. The full term of such Dentist member of the Board shall be for a term concurrent with the full term of such Dentist member of the Board shall be for a term concurrent with the full term of the Physician member of the Department of Health of Clarke County; provided, however, that the term of the Dentist member first appointed shall expire at the same time the term of the Physician member shall expire. Consolidation. Membership. Terms, election. Nomination. Election. Term. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Repealing clause. Approved March 27, 1941. CLAYTON COMMISSIONERSAMENDMENTS. No. 119. An Act To amend an Act to create a Board of Commissioners of Roads and Revenue of Clayton County, and amendatory Acts thereof, to define their duties and powers and prescribe their qualifications; to provide for the election of their successors, and for other purposes pertaining to County and County matters for the County of Clayton; to change the road districts of said County; to

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abolish the Panhandle Militia District and consolidate the same with the Lovejoy Militia District; to provide for the appointment of Commissioners of Roads and Revenues; to provide for the election of said Commissioners; to provide for publishing minutes and records of said Board; to provide for a purchasing agent for said County; to provide a penalty for the violation of Section 12; to provide for filling vacancies on said Board; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that Section 2 of the Act of the General Assembly 1910, page 257, be and the same is hereby stricken and a new Section 2 substituted in lieu thereof to read as follows: Section 2Be it further enacted by the authority aforesaid, that for the purposes of this Act said County of Clayton shall be divided into five road districts to be constituted as follows: The Jonesboro militia district shall comprise and constitute road district No. 1; the Forrest Park militia district shall comprise and constitute road district No. 2; the Riverdale and Oak militia districts shall comprise and constitute road district No. 3; the Adamson and Ellenwood militia districts shall comprise and constitute road district No. 4; and the Lovejoy militia district and territory formerly in the Panhandle militia district shall comprise and constitute road district No. 5. Districts defined. Section 2. Be it further enacted by the authority aforesaid, that Section 3 of said Act be amended and the same is hereby amended by adding the following sentence at the end of said section: The militia district of Panhandle is hereby abolished and the territory formerly embraced in said district shall be included in the Lovejoy militia district, so that said section when amended shall read as follows: Panhandle district abolished. Section 3Be it further enacted by the authority aforesaid, that at any time said commissioners shall create a new

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militia district, said commissioners shall have the authority to attach said new militia district to one or more of said road districts named in said Act. The militia district of Panhandle is hereby abolished and the territory formerly embraced in said district shall be included in the Lovejoy militia district. Section 3. Be it further enacted by the authority aforesaid, that Section 4 of said Act is hereby stricken and a new Section 4 substituted in lieu thereof to read as follows: Section 4Be it further enacted by the authority aforesaid, that the following named persons are hereby appointed, constituted and made Commissioners of Roads and Revenue for said County under this Act, to-wit: Jim Mundy for District No. 1; H. L. Turner for District No. 2; J. D. McElroy for District No. 3; and H. G. Moore for District No. 4; and L. A. Evans for District No. 5; and said commissioners shall hold office until their successors are elected and qualified as hereinafter provided. Commissioners named. Section 4. Be it further enacted by the authority aforesaid, that Section 6 of said Act be amended and the same is amended by striking the last sentence in said Section and substituting in lieu thereof the following sentence: They shall be elected by the qualified voters of their respective district and shall not be voted upon by the qualified voters of the entire County., so that Section 6 when amended shall read as follows: Section 6Be it further enacted by the authority of the aforesaid, that in the election of said commissioners, one from each road district is hereby prescribed. They shall be elected by the qualified voters of their respective district and shall not be voted upon by the qualified voters of the entire County. Election. Section 5. Be it further enacted by the authority aforesaid, and the same is hereby enacted by adding at the end of said Section 12 the following sentences:

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Provided further, that the violation of this section shall be a misdemeanor and any commissioner or commissioners so convicted shall in addition to the other penalties provided by law be removed from office. The relationship hereinbefore referred to shall be within the third degree, either by blood or marriage., so that Section 12 when amended shall read as follows: Section 12Be it further enacted by the authority aforesaid, that said Board shall not hire or employ or contract with any member of said Board, or with anyone related to any member of said Board, for work to be done or supplies to be furnished said county, except such work to be done or supplies to be furnished shall be let at public outcry to the best bidder. Provided further, that the violation of this section shall be a misdemeanor and any commissioner or commissioners so convicted shall in addition to the other penalties provided by law be removed from office. The relationship hereinbefore referred to shall be within the third degree, either by blood or marriage. Board members may not employ relatives. Section 6. Be it further enacted by the authority aforesaid and the same is hereby enacted by adding the following language to Section 13 of said Act: Provided further, that the clerk of said Board shall cause to have published the monthly minutes, receipts and expenditures, in the official organ of the County at an expense not to exceed $5.00 per month, and if said County organ refuses to publish said minutes for said sum, then and in that event the clerk shall post a copy of the official minutes within 5 days on a bulletin board in the front of said Court House for at least 20 days. This requirement to publish the minutes of said Board shall include all call or special meetings, executive or otherwise, as well as the minutes of the regular monthly meetings. Said Board of Commissioners of Roads and Revenue shall cause the books of said County to be audited annually by a competent auditing firm. So that Section 13 when amended shall read as follows: Section 13Be it further enacted by the authority aforesaid, that said Commissioners

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shall, before each term of the Superior Court, prepare and submit to the grand jury of said county a complete statement in writing of the county property, paupers, finances, buildings, public roads and bridges, and the exact amount of county funds on hand and the amount disbursed, giving names of each person in whose favor each warrant or order was drawn and the amount thereof, and for this purpose said Board shall have the authority to require all persons handling county funds to make written statements to them. Provided further, that the clerk of said Board shall cause to have published the monthly minutes, receipts and expenditures, in the official organ of the County at an expense not to exceed $5.00 per month, and if said County organ refuses to publish said minutes for said sum, then and in that event the clerk shall post a copy of the official minutes within 5 days on a bulletin board in the front of said Court House for at least 20 days. This requirement to publish the minutes of said Board shall include all call or special meetings, executive or otherwise, as well as the minutes of the regular monthly meetings. Said Board of Commissioners of Roads and Revenue shall cause the books of said County to be audited annually by a competent auditing firm. Publication. Section 7. Be it further enacted by the authority aforesaid, and the same is hereby enacted by adding a new section to said Act to be known and designated as Section 13A to read as follows: Section 13ABe it further enacted, that said Board of Commissioners of Roads and Revenue shall be the purchasing agent for said County of Clayton, which shall include all supplies and, or, fixtures of every kind that are to be paid for with county funds. Requisitions for supplies must be submitted to said Board in writing, which requisitions shall be considered only at a regular meeting of the Board. 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

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by a majority of those present, provided, however, that in the event of an emergency the Chairman, by and with consent of two members, may make purchases not to exceed $150.00, to supply such emergencies. Said Board may delegate authority to the Superintendent of Roads to make emergency repairs to equipment, not to exceed $50.00. All purchases of any nature exceeding $300.00, shall be purchased by competitive bids from the lowest and best bidder, after advertising the same in the official County organ for one week, and posting notice at the Court House door for 30 days, provided said Commissioners may reject any and all bids. No county warrant shall be issued for the payment of any bill or claim unless the hereinbefore stated conditions are complied with. A violation of any provision of this section or Section 13 of this Act shall be a misdemeanor. Purchases. Section 8. Be it further enacted by the authority aforesaid, that Section 15 of said Act, and amendatory Acts thereof be stricken and the following section substituted in lieu thereof to read as follows: Secton 15Be it further enacted by the authority aforesaid, that in case of vacancy or vacancies, in said Board, by death, resignation or otherwise, the Ordinary of said County is hereby directed to call a special election within 10 days to be held within 30 days to fill such vacancy or vacancies under the general laws providing for special elections. Vacancies. Section 9. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved February 26, 1941.

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CLAYTON TAX COMMISSIONERCLERKBONDSALARY. No. 164. An Act To amend an Act to abolish the office of Tax Receiver and the office of Tax Collector of Clayton County, Ga., and to create the office of County Tax Commissioner of said County; to fix the term of office and to prescribe the duties, powers and liabilities of the County Tax Commissioner of Clayton County; to fix the compensation of said County Tax Commissioner and to provide how the same shall be paid; to authorize said County Tax Commissioner to employ the necessary office force for the proper transaction of the business of the office and to provide for their pay; to provide for the payment into the Treasury of Clayton County, Georgia, the fees and commissions now allowed by law to the Tax Receiver and Tax Collector of said County; to authorize the Commissioner of Roads and Revenues of said County to levy and collect the necessary taxes with which to pay the salary and expenses of the office of County Tax Commissioner; to provide for the election of said County Tax Commissioner; to provide for a surety bond for said tax commissioner and for penalty for failure to make the same; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same, that the Acts of the General Assembly of 1925, page 601, be amended and the same is hereby amended by striking Section 3 of said Act and substituting in lieu thereof a new Section 3 which shall read as follows: Act of 1925 amended. Section 3Be it further enacted by the Authority aforesaid, that the County Tax Commissioner of and for Clayton County, Georgia, is authorized to employ such assistants and clerks as will be necessary to transact, do and perform

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the duties of the office and that compensation for the same shall be paid for by the county authorities out of the general funds of said county; provided in no event shall the said county authorities allow said County Tax Commissioner more than the sum of Three Hundred Dollars ($300.00) per annum for the pay of such clerks, however, said Tax Commissioner may supplement said sum out of his salary; that the fees and commissions heretofore allowed the tax receiver and tax collector of Clayton County shall be paid to the County Treasury of Clayton County, to be accounted for by him as other county funds are accounted for, and all commissions, fees, compensations or other charges heretofore paid by the State of Georgia to the Tax Commissioner of said county for collecting any of its taxes, either special, ad valorem, occupation or other tax or licenses of any nature whatever, shall be charged and collected by said Tax Commissioner of and for Clayton County, Georgia, and paid to the Commissioners of Roads and Revenue of Clayton County, Georgia, and they shall be accounted for by him as other county funds. Assistants to be employed. Section 2. Be it further enacted by the authority aforesaid, that Section 4 of said Act be amended and the same is hereby amended by adding the following sentence to said section: Provided further, that said Tax Commissioner shall make a surety bond, with a surety company licensed to do business in the State of Georgia as security, to the Commissioners of Roads and Revenue of Clayton County, Georgia, in the sum of $10,000.00, beginning January 1, 1945, and on failure of the said Tax Commissioner to give said bond by said date and yearly thereafter he shall be removed from office., so that said section when amended shall read as follows: Section 4Be it further enacted by the authority aforesaid that the Commissioners of Roads and Revenues of Clayton County shall levy and collect a tax for the maintenance of said office and of the office supplies and pay the salary of said County Tax Commissioner of

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and for Clayton County, Georgia, and that the Commissioners of Roads and Revenues of Clayton County shall pay out of the general funds of the County the premium on any bond or bonds required of said County Tax Commissioner of and for Clayton County, Georgia. Provided further, that said Tax Commissioner shall make a surety bond, with a surety company licensed to do business in the State of Georgia as security, to the Commissioners of Roads and Revenues of Clayton County, Georgia, in the sum of $10,000.00, beginning January 1, 1945, and on failure of the said Tax Commissioner to give said bond by said date and yearly thereafter he shall be removed from office. Bond of Commissioners. Tax. Section 3. Be it further enacted by the authority aforesaid and the same is hereby enacted by amending Section 7 of said Act by striking from said section the language fifteen hundred ($1,500) dollars per annum and substituting in lieu thereof the following language eighteen hundred ($1,800) dollars per annum, and by adding the following language at the end of said section: Provided further, that said Tax Commissioner shall not receive any fees or commission, and any fees or commission hereafter allowed said office shall be paid into the County Treasury, so that said section when amended shall read as follows: Section 7Be it further enacted by the authority aforesaid that the salary of the County Tax Commissioner of and for Clayton County, Georgia, be and the same is hereby fixed at eighteen hundred ($1,800) dollars per annum, payable monthly out of the general funds of the said County. Provided further, that said Tax Commissioner shall not receive any fees or commission, and any fees or commission hereafter allowed said office shall be paid into the County Treasury. Compensation.

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Section 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with said Act as amended by and the same are hereby repealed. Approved March 12, 1941. COLUMBIA COMMISSIONERSCOMPENSATION. No. 234. An Act to amend An Act to create a Board of Commissioners of Roads and Revenues for the County of Columbia; to define their powers and duties, and prescribe their qualifications; to provide for their selections, terms for which they shall be selected, their compensation, and for other purposes pertaining to County matters, as amended by Act approved August 18, 1927, so as to fix the salary of the Chairman and other members of the Board of Commissioners of Roads and Revenue and to provide for the payment of the expense attendant to the office of the 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 the Act approved August 14, 1919, entitled An Act to create a Board of Commissioners of Roads and Revenue for the County of Columbia; to define their powers and duties, and prescribe their qualifications; to provide for their selections, terms for which they shall be selected, their compensation, and for other purposes pertaining to County matters, as amended by Act approved August 18, 1927, be, and the same is hereby amended by striking from said Act, Section 8 thereof, and substituting therefor the following Section 8: Be it further enacted by the authority aforesaid that the compensation of said Commissioners

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shall be as follows: For Chairman and Executive Officer of said Board the sum of $1800.00 per annum, and for each of the other two members of said Board the sum of $10.00 per diem for every regular or call meeting of said Board of Commissioners, the same to be paid monthly out of the county treasury upon the warrants of said Board. The Chairman shall also receive all expenses incurred by him in conducting affairs of said Board of Commissioners upon the approval of a majority of said Board. Compensation of members of board. 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, 1941. COWETA COUNTY SURVEYORSUPPLIES AND EQUIPMENT. No. 53. An Act To provide the County Surveyor of Coweta County with proper equipment and supplies; to provide additional duties for the County Surveyor of said county; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That on and after the passage of this Act, the County Surveyor of Coweta County, Georgia, shall be provided with proper equipment and supplies, which shall be paid for out of general county funds. The said equipment and supplies shall remain the property of Coweta County. County surveyor's supplies. Section 2. That the County Surveyor of Coweta County shall keep a book containing all plats prepared by him of

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Coweta County lands, which said book shall be kept open for public inspection at the office of the County Surveyor in the Coweta County courthouse. Section 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 18, 1941. CRAWFORDCLERK'S BOND REDUCED. No. 427. An Act to reduce the bond of the Clerk of the Superior Court of Crawford County from $3,000.00 to $1,000.00; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same: Section 1. That from and after the passage of this Act the bond required of the Clerk of the Superior Court of Crawford County shall be in the sum of $1,000.00 with good security. Bond reduced to $1,000. Section 2. That all laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved March 27, 1941.

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DEKALB COUNTY DEPOSITORY. No. 378. An Act To amend an Act approved August 11th 1915 (Georgia Laws, 1915, page 210) entitled an Act to abolish the office of County Treasurer of the County of DeKalb; to provide that all funds of said County which are paid to and disbursed by the County Treasurer, shall hereafter be handled and disbursed and for other purposes, by providing that it shall be the duty of the Commissioner of Roads and Revenues to require that all funds belonging to said County be paid into the County depository within sixteen (16) days after such funds are collected; and to provide that said Commissioner of Roads and Revenues may appoint and designate any bank or banks doing business in said County other than said depository and after such appointment and designation, the Commissioner of Roads and Revenues may deposit any or all county funds therein, except those which accrue to the county as a result of the collection of taxes and fees of the various officers of said county and fines and forfeitures and for other purposes. Section 1. Be it enacted by the State of Georgia and it is hereby enacted by the authority of same that the Act approved August 11, 1915 (Georgia Laws, 1915, page 210) be and the same is hereby amended by striking therefrom Section 3 and inserting in lieu thereof a new Section to be numbered Section 3 and to read as follows: Act of 1915 amended. Section 3. Be it further enacted by the authority of said State, that except as hereinafter provided, all county funds of said county are to be paid to and disbursed by such depository, except such funds that may be especially excepted by law, and then to be collected and disbursed as especially directed and that it shall be the duty of the Commissioner or Roads and Revenues of said County to require

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that all funds belonging to said County shall be paid to such county depository within sixteen (16) days after such funds are collected. The Commissioner of Roads and Revenues of said County may designate and appoint any other bank or banks having an office in said county and to provide for the deposit in such banks of any funds belonging to said county, except those accruing to said county as a result of the collection of taxes and fees to the officers thereof and fines and forfeitures. County depository. 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 27, 1941. DEKALB TAX-COMMISSIONERCOMPENSATION. No. 282 An Act to amend An Act to abolish the officers of Tex-Receiver and Tax-Collector of DeKalb County, Georgia; to create the office of County Tax-Commissioner of DeKalb County, Georgia; to fix the term and compensation to said officer; to prescribe the rights, liabilities, and duties of said office; to provide that the laws now in force as Tax-Receiver and Tax-Collector shall be of full force and effect as to County Tax-Commissioner so far as the same are applicable; to provide that all taxes now due and all fi. fas. heretofore issued shall have full force and effect and collectible as issued; to provide that all fees and commissions and other compensation of the Tax-Receiver and Tax-Collector shall be paid into the treasury of DeKalb County, Georgia; to provide for the election of Tax-Commissioner of said County and the method of filling vacancies; to provide for giving bond; to provide

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for a referendum of this Act; to provide for putting into effect in DeKalb County the Constitution of the State as contained in Article eleven (11), Section three (3), Paragraph one (1); and for other purposes. So that said Tax-Commissioner shall not receive compensation for any one calendar year in excess of five thousand ($5,000) dollars whether said compensation be salary, fees, commissions, or extra compensation under and by virtue of the provisions of an Act approved January 17, 1938, Ga. Laws 1937-1938, page 297, or an Act approved March 24, 1939, Ga. Laws 1939, page 370, or any other law or Act whenever passed fixing compensation for Tax-Commissioners or Tax-Collectors; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Section 6, of Ga. Laws 1927, pages 558-561, referred to hereinabove in the caption, is hereby stricken and a new Section 6, is substituted in lieu thereof, as follows; Act of 1927 amended. Section 6. Be it further enacted by the authority aforesaid, that the compensation of the County Tax-Commissioner, and the compensation of such assistants and deputies as he may need, of DeKalb County, Georgia, shall be a salary fixed by the Commissioner of Roads and Revenues of said County in the same manner as the salaries are fixed for other county officers of said County as found in the Acts of 1924, page 90. Provided, however, in no event shall the said Tax-Commissioner receive compensation for any one calendar year in excess of five thousand ($5,000.) dollars from all sources whatsoever, whether said compensation be salary, fees, commissions, or extra compensation derived under and by virtue of the provisions of an Act approved January 17, 1938, Ga. Laws 1937-1938, page 297, or an Act approved March 24, 1939, Ga. Laws 1939, page 370, or any other law or Act whenever passed, fixing

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compensation for Tax-Commissioners or Tax-Collectors and any and all such sums shall hereafter be put into the Treasury and become the property of DeKalb County. Compensation. Section 2. Any and all laws or parts of laws in conflict herewith are hereby repealed. Approved March 27, 1941. DODGE COMMISSIONERSAMENDMENT REPEALED. No. 112. An Act To amend an Act creating and establishing the office of Commissioner of Roads and Revenues in and for Dodge County approved August 19, 1912, and to amend said Act as amended by the Act approved August 16, 1913, and to repeal said Act as amended by the Act approved March 12, 1935, relating to the Commissioner's power to sign and execute deeds; 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 March 12, 1935, amending the Act of August 13, 1913, amending the Act of August 19, 1912, creating and establishing the office of Commissioner of Roads and Revenues in and for Dodge County, vesting said Commissioner with full power to sign, execute and deliver any and all contracts for and on behalf of the County of Dodge, and all deeds and conveyances to property sold by said County, be and the same is hereby repealed, and by the repeal of said Act the provisions of Section 3 of said amended Act of August 16, 1913 remains the same as provided by said amended Act. Amendment of 1935 repealed.

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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 are hereby repealed. Approved February 26, 1941. DOUGHERTY BOARD OF COMMISSIONER'S CREATEDREFERENDUM. No. 127 An Act To create a Board of Commissioners of Roads and Revenues for the County of Dougherty, State of Georgia; to provide for the number of Commissioners which shall constitute said Board; to provide for the election of the members of the said Board of Commissioners of Roads and Revenues of Dougherty County by the qualified voters of said County; to provide for the qualifications and term of office of the members of said Board; to prescribe their duties, powers, and compensation; to provide for the appointment of a Clerk and an Attorney for said Board; to provide when this Act shall become effective; to provide for a referendum hereon; to repeal all laws relating to the present Board of Roads and Revenues of Dougherty County and all other 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 a Board of Commissioners of Roads and Revenues for Dougherty County is hereby created. Said Board shall consist of three members, one of whom shall be chairman, the chairman to be elected by the members of the Board. All of said Commissioners shall be qualified voters in said County and shall be elected by the qualified voters of said County. Board created. Section 2. The terms of office of the Commissioners shall

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be for a period of four (4) years and until the successors are elected and qualified. All elections of the Commissioners under this Act shall be held as hereinafter provided. Terms of office. Section 3. Be it further enacted by the authority aforesaid, that the members of said Board before entering upon their duties shall take an oath before the Ordinary, or some officer authorized to administer oaths, or before one of of their number, to discharge honestly and faithfully all the duties of said office according to the laws and the Constitution of the State of Georgia, which oath shall be subscribed upon the minutes of the Board by them. Oath. Section 4. Be it further enacted by the authority aforesaid, that any vacancy in the membership of said Board shall be filled at a special election called by the Ordinary of said County. Such special election to fill such vacancy shall be called by the Ordinary of said County not less than twenty (20) days nor more than thirty (30) days after such vacancy occurs. Such special election shall be held under the existing laws of this State relating to special elections. Vacancy. Section 5. Be it further enacted by the authority aforesaid, that said Board of Commissioners shall hold a regular meeting on the first Monday in every month at the court house in said County, but they may hold special meetings at any time and at any place in said County that their duties may require. At all such meetings the chairman, if present, shall preside, but in all cases two shall constitute a quorum for the transaction of business, and the concurrence of any two of the Commissioners shall decide all questions. It shall be the duty of the sheriff, when required, to attend the meetings of the Board, for which services he shall be allowed three dollars ($3.00) per day. Meetings. Section 6. The Clerk of the Superior Court shall be ex-officio clerk of the Board of Commissioners, unless said Board sees fit to elect some other other person as clerk as hereinafter

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provided, and he shall attend all sessions of the Board and shall keep a record of the actings and doings of said Board in a well-bound book to be provided at the expense of the County, and shall receive such compensation as shall be fixed by said Board. If the Board sees fit, it may elect some person, other than the Clerk of the Superior Court, as the clerk of said Board, who shall hold office at the pleasure of the Commissioners electing him, and he shall receive a salary which shall be fixed by said Board. The Clerk of said Board, whether he be the Clerk of the Superior Court or some other person chosen by said Board, shall keep a book of inventory of all property, including road machinery, live stock, chaingang outfits, road work tools, and every other kind and class of property belonging to said County, together with a fair valuation of the same, where located, in whose custody and in what condition, which inventory shall be carefully revised each year, and said Clerk shall keep such other books and records as may be necessary or as the Board may direct, and shall perform generally all and singular the acts and duties necessary to be performed as said Board of Commissioners may require. Said Board may discharge said Clerk at any time, with or without cause, and elect a successor. Clerk, duties. Section 7. Be it further enacted by the authority aforesaid, that the salary of the chairman of said Board shall be Twelve Hundred Dollars ($1200.00) per annum, and the salaries of the two members of said Board other than the chairman, shall be Nine Hundred Dollars ($900.00) per annum, which salaries for their services shall be paid out of the treasury of said County, and the same shall be paid monthly. Compensation of members. Section 8. Be it further enacted by the authority aforesaid, that said Board of Commissioners shall, in their discretion, employ a superintendent of roads and bridges, who shall be elected on account of his efficiency and knowledge and skill in practical road building. The superintendent

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may also be a convict warden, but aside from his duties as warden, if elected to that position, he shall not engage in any other business, trade, or calling during his term of office. He shall have charge of laying out, building, repairing, improving and maintaining the public roads and bridges of the county under orders of the Board of Commissioners. He shall receive such salary as may be fixed by the County Commissioners, and his term of office shall be such as may be fixed by the Board, with authority vested in said Board to discharge him at any time, with or without cause, and employ a successor. Superintendent and warden. Section 9. Be it further enacted by the authority aforesaid, that said Board of Commissioners of Roads and Revenues shall have, and they are hereby vested with exclusive jurisdiction over the following matters: In directing and controlling and caring for all property of the county according to law; in levying taxes according to law; in establishing, altering, or abolishing roads, private ways, bridges, ferries according to law; in establishing, abolishing and changing election precincts and militia districts; in supervising the tax collector's and tax receiver's books and allowing the insolvent list for said County, according to law; in settling all claims or accounts of officers having the care, management, keeping, collecting, or disbursement of money belonging to the County, or appropriated for its use and benefit and bringing them to settlement, and especially are they charged with the duty to examine and audit frequently the books of the County depository, the tax collector, the tax receiver, the sheriff, the superintendent of public schools, or other officers of said County through whose hands funds may pass, and this may be done by said Commissioners themselves or by their Clerk or auditor, and they may require from all such officers and depository such reports as may be necessary to keep such Board fully informed at all times of the financial condition of the County according to law; in making such rules, regulations

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and provisions for the support of the poor of the County, and for the preserving and promoting of public health of the County, with authority to quarantine against contagious diseases and epidemics according to law; in regulating peddling and fixing license fees, according to law; and generally to have and exercise all the powers which are by the Constitution and laws of Georgia vested in Ordinaries when sitting for county purposes, and to exercise such other powers as are granted by law or as may be indispensable to their jurisdiction over matters of county finances, including all powers not inconsistent with this Act, which have heretofore been exercised by the Board of Commissioners of Roads and Revenues of Dougherty County under the Act approved August 6, 1904 (Acts 1904, pages 262, 263 and 264), and under all Acts amendatory thereof; in selecting and appointing all minor officials of the County whose election or appointment is not otherwise provided for by law, such as superintendent and guards of convicts and chaingang, janitor of court house, superintendent of the pauper farms; county physician, health officer, tax assessors, county policemen, and other officers and guards as may be needed and authorized by law. Jurisdiction of board. Said Board shall have entire control and management of the convicts of said County, sentenced to work upon the roads or works of said County, and all convicts of this State assigned to this County by the proper authorities of the State, and shall so employ them according to law, and under such plans of working, building, repairing, and maintaining the public roads, bridges, and works of said County and the streets of the City of Albany as now provided by law, as may now or hereafter be adopted or enforced by law in said County. Section 10. Be it further enacted by the authority aforesaid, that said Board of Commissioners may receive contributions for the improvement of the public roads of the County from persons who own property along the same or

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from any other persons or from the State Government or the United States Government, and such contributions, when received, shall be used for the improvement of the roads designated by the contributor. Board may receive contributions. Section 11. Be it further enacted by the authority aforesaid, that it shall be lawful for said Board to employ a competent attorney to act as attorney for said Board and for said County, and to pay for such legal services, such compensation as the Board, in its discretion, may deem proper. The office of clerk and attorney may be combined in the discretion of the Board. County attorney. Section 12. Be it further enacted by the authority aforesaid, that whenever practical, all supplies, equipment, and materials used by the County shall be purchased after competitive bids have been received by said Commissioners on all purchases in excess of One Hundred Dollars ($100.00). The Board is required under this Act to prepare and file quarterly, in the office of the Clerk of the Superior Court of said County, an itemized statement of expenditures of said County, approved by said Board during the preceding quarter, showing the amount paid out, to whom paid, and for what purpose, also the income for said period, so that the general public may be fully informed, at all times, as to the income and expenditures of the County. Said statements shall remain on file in said office and shall be subject to public inspection as are other public records of said County. Purchases. Statement. Section 13. Be it further enacted by the authority aforesaid, that the Board of Commissioners of Roads and Revenues of Dougherty County as constituted on February 1, 1941, to wit: M. W. Tift, Mallory Lippett, and George B. Mock, are hereby named as the Commissioners of Roads and Revenues of Dougherty County, and they shall serve as such under this Act for the respective terms to which

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they were elected by the Grand Jury of said County, and until their successors are elected and qualified as herein provided. Present members to serve. Section 14. Be it further enacted by the authority aforesaid, that the first election under this Act shall be held at the general election of 1942, at which members of the Legislature are elected, at which election a successor to the two commissioners whose terms expire at the 1941 and 1942 March Terms of the Superior Court of Dougherty County shall be elected for a term of four (4) years, beginning January 1, 1943. The successor to the Commissioner whose term expires at the 1943 March Term of the Superior Court of Dougherty County shall be elected at the general election of 1944, at which members of the Legislature are elected, for a term of four (4) years, beginning January 1, 1945. Thereafter, successors to said Commissioners shall be elected at the general election at which members of the Legislature are elected in the year that their respective terms of office expire. The candidate receiving a plurality of votes cast at such election shall be declared to be elected and the Governor shall thereupon issue a Commission to such Commissioner-elect for the term of office provided in this Act. Election. Section 15. Be it further enacted by the authority aforesaid, that irrespective of any provision of this Act relating to a referendum, the Grand Jury of Dougherty County shall be without authority to elect a successor to the Commissioner whose term expires in March, 1941, but such Commissioner shall continue to hold office until his successor is either later elected and qualified under this Act or, in the event this Act is not ratified by the voters of said County, by the Grand Jury of Dougherty County, Georgia, at the 1942 March Term of the Superior Court of said County. Commissioner whose term expires March, 1941. Section 16. Be it further enacted by the authority aforesaid,

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and it is hereby enacted by authority of the same, that An Act entitled An Act to create a new board of commissioners of roads and revenues for Dougherty County, and for other purposes, approved August 6, 1904 (Georgia Laws 1904, Page 262) be, and the same is, hereby repealed. Act of 1904, repealed. Section 17. Be it further enacted by the authority aforesaid, that an Act entitled An Act to repeal the Act of the General Assembly of Georgia, approved August 21, 1922, set out in published Acts of the General Assembly of 1922, page 346, et seq.; to re-enact, restore and revive so much of the Act of 1904, approved August 13, 1904, and designated as `An Act to create a new Board of Commissioners of Roads and Revenues for Dougherty County, and for other purposes,' and the Acts amendatory thereof as were directly or indirectly repealed by said Act of August 21, 1922; to nominate and continue in office certain officers as Board of Commissioners of Roads and Revenues for Dougherty County, and for other purposes, approved August 7, 1923 (Georgia Laws 1923, page 236 et seq.) be, and the same is, hereby repealed. Amendatory acts repealed. Section 18. Be it further enacted by the authority aforesaid, that An Act entitled An Act to amend an Act entitled `An Act to create a new Board of Commissioners of Roads and Revenues for Dougherty County, Georgia, and for other purposes,' approved August 6, 1904 (Acts 1904, page 262, No. 555) and all Acts amendatory thereof (Acts 1923, page 236, No. 87, approved August 7, 1923), so as to increase the salary of the members of the Board of Commissioners of Roads and Revenues for Dougherty County, to provide for the payment of the same out of the treasury of said County as salary for their services; and for other purposes, approved July 21, 1927 (Georgia Laws 1927, Pages 563 et seq.) be, and the same is, hereby repealed. Section 19. Be it further enacted by the authority aforesaid,

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that before this Act shall become effective the same shall be ratified by the qualified voters of Dougherty County at a special election to be held for that purpose on the same day that the June 1941 General Election is held, to wit: on the Tuesday after the first Monday in June, 1941. At said election the qualification of voters shall be the same as now fixed by law for the qualification of voters at the June General Election; said election shall be held under existing laws of this State relating to special elections. Special ballots shall be submitted to the voters of said election which shall have printed thereon the words For election of County Commissioners by the people, and the words Against election of County Commissioners by the people. The voter shall erase or draw a line through the words which do not represent his or her choice. If a majority of those voting at said election shall vote For election of County Commissioners by the people, this Act shall be deemed ratified and shall immediately become effective according to its terms. Referendum. Section 20. If any section or part of section of this Act shall be held invalid, such invalidity shall not be construed to affect the validity of any other portion of said Act. Section 21. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict herewith are hereby repealed. Approved March 4, 1941. ELBERT COUNTY SCHOOL SUPERINTENDENTANNUAL STATEMENT TO BE PUBLISHED. No. 360. An Act To require the county school superintendent of Elbert County to publish annually a statement of monies collected and disbursed through his office; to repeal conflicting laws; and for other purposes.

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Be it and it is hereby enacted by the General Assembly of Georgia. Section 1. That in addition to any other powers and duties now prescribed by law to be exercised by the county school superintendent of Elbert County, said superintendent is hereby authorized and required to publish annually in the official organ of the county a statement of all monies collected by said officer, the source from which collected or received, all disbursements made by said officer, the amount of such disbursements, and the names of the persons, firms or corporations to whom disbursed. Statement, publication of. Section 2. All laws or parts of laws in conflict with this act are hereby repealed. Repealing clause. Approved March 27, 1941. FULTON COUNTYPENSION TO JOHN W. BALL, SR. No. 218. An Act To amend an Act adopted March 3, 1939, (Acts 1939, page 571) entitled 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 furture 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

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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 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. so as to provide a pension for John W. Ball, Sr., a veteran County employee, notwithstanding any of the provisions of said original act; and for other purposes. Be it enacted by the General Assembly of Georgia that the Act adopted March 3, 1939, (Georgia Laws, 1939, page 571) entitled 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

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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 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. be and the same is hereby amended as follows: Act of 1939 amended. Section I. Notwithstanding any of the terms, conditions and provisions of said Act, John W. Ball, Sr., a veteran employee of Fulton County in the Sanitary Department thereof shall be entitled to receive the pension, as provided, prescribed, and set forth in said Act, and no limitation as to duration or continuity of service, as prescribed, laid down and set forth in said Act, shall apply to the said John W. Ball, Sr.; provided, however, that nothing in this Act shall be construed as conferring the right to a pension to any dependent of the said John W. Ball, Sr. or to his widow after his death, but the benefits conferred by this Act shall be limited to the said John W. Ball, Sr. personally, for and during his natural life. Pension to John W. Ball, Sr. 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, 1941.

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FULTON COUNTY PENSIONSACT AMENDED. No. 351. An Act To amend an act entitled 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 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. so as to increase the amount of maximum pensions payable; to provide for payments of pensions for lesser periods of service; to fix a limit to the amount which any employee shall be

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required to pay; to increase the amount of the contributions by individual employees; and for other purposes: 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 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 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. (Georgia Laws 1939, page 541) be and the same is hereby amended as follows: Act of 1939 amended. Section 1. By striking from said Section 4, Sub-section

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(a) of said Act and in the last line thereof the word Fifty ($50.00) Dollars in said line and inserting in lieu thereof the words Seventy-Five ($75.00) Dollars, and by striking from Section 4, Sub-section (b) and the eighth line thereof the word Fifty ($50.00) Dollars and inserting in lieu thereof of the words Seventy-Five ($75.00) Dollars, and by adding to Section 4. Sub-section (2) the following: Provided any regular employee of Fulton County who is otherwise eligible for a pension and who has served well and faithfully for a period of more than fifteen (15) years may be retired upon a monthly pension, as provided in this act, in an amount not exceeding Forty ($40.00) Dollars per month, for fifteen (15) years of service, with an increased amount of Three Dollars and One-Half ($3.50) for each additional year thereafter, until the maximum of Seventy-Five ($75.00) Dollars per month has been reached, and provided further that the increased amount of pension payable under this amendment shall likewise apply with full force and effect to persons now upon a pension under the Act hereby amended, the increased amounts to become effective at the first payment due under said pension, after the date of the approval of this Act, so that said Section 4, when amended, shall read as follows: 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 more than twenty-five (25) years or more (or 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

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as a pension, provided however, that no pension shall exceed the sum of Seventy-Five ($75.00) Dollars per month, provided any regular employee of Fulton County who is otherwise eligible for a pension and who has served well and faithfully for a period of more than fifteen (15) years may be retired upon a monthly pension, as provided in this act in an amount not exceeding Forty ($40.00) Dollars per month for fifteen (15) years of service, with an increased amount of Three Dollars and One-Half ($3.50) for each additional year thereafter, until the maximum of Seventy-Five ($75.00) Dollars per month has been reached, and provided further that the increased amount of pension payable under this amendment shall likewise apply with full force and effect to persons now upon a pension under the Act hereby amended, the increased amounts to become effective at the first payment due under said pension, after the date of the approval of this Act. Retirement and pension. Section 2. Be it further enacted by the authority aforesaid that said act be further amended by striking from Section 5 and line six thereof the word two (2%) per cent and inserting in lieu thereof the word two and one-half (2%) per cent, and by adding after the period in line seven (7) of said section the following: Provided no employee of Fulton County shall be required to contribute more than the sum of Five ($5.00) Dollars per month so that said section, when so amended, shall read as follows: 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 and one-half (2%) per cent of his or her monthly salary to the pension fund of said county; Provided no employee of Fulton County shall be required to contribute

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more than the sum of Five ($5.00) Dollars per month. 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. Pension fund contributions. Section 3. Be it further enacted by the authority aforesaid that said act be further amended by striking from Section 6 and line 6 thereof the words two (2%) per cent and adding in lieu thereof the words two and one-half (2%) per cent not to exceed the sum of Five ($5.00) Dollars, so that said Section, when so amended, shall read as follows: 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 and one-half (2%) per cent not to exceed the sum of Five

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($5.00) Dollars 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. Deductions from salaries authorized. Section 4. 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 27, 1941. FULTON PLANNING COMMISSIONACT AMENDED. No. 54. An Act to amend an Act which was passed by the General Assembly of Georgia in 1939, and approved February 21, 1939 (Georgia Laws 1939, page 584) entitled, 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 provide a method and manner of caryying 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;

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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, by inserting between the word Revenues and the words as an ex-officio member in the ninth (9th) line of Section 1 of said Act, the following words: or some other Commissioner of Roads and Revenues of said county appointed by said chairman; and by inserting between the word Board and the words as ex-officio member thereof in the fifth (5th) line of Section 6 of said Act, the following words: or some other Commissioner of Roads and Revenues appointed by said chairman; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That Section 1 of the Act approved February 21, 1939 (Georgia Laws 1939, page 584) be and the same is hereby amended by inserting between the word Revenues and the words as an ex-officio member thereof in the ninth line of Section 1 of said Act the following: or some other Commissioner of Roads and Revenues appointed by said chairman, so that Section 1 of said Act as amended shall read as follows: Act of 1939 amended. 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

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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, or some other Commissioner of Roads and Revenues appointed by said chairman, 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. Authority to create planning commission. Section 2. Be it further enacted that Section 6 of said Act be and the same is hereby amended by inserting between the word Board and the words as ex-officio member thereof in line five of Section 6 of said Act the words, or some other Commissioner of Roads and Revenues appointed by said chairman, so that said Section 6 as amended shall read as follows: 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, or some other Commissioner of Roads and Revenues appointed by said chairman, 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 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. Election of members of planning commission. Section 3. Be it further enacted that all laws and parts of laws in conflict with this Act are hereby repealed. Approved February 18, 1941.

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FULTON PLANNING COMMISSION AMENDMENT. No. 141. An Act to amend an Act which was passed by the General Assembly of Georgia in 1939, and approved February 21, 1939 (Georgia Laws 1939, page 584) entitled,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 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, by inserting between the word Revenues and the words as an ex-officio member in the ninth (9th) line of Section 1 of said Act, the following words: or some other Commissioner of Roads and Revenues

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of said county appointed by said chairman; and by inserting between the word Board and the words as ex-officio member thereof in the fifth (5th) line of Section 6 of said Act, the following words: or some other Commissioner of Roads and Revenues appointed by said chairman; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That Section 1 of the Act approved February 21, 1939 (Georgia Laws 1939, page 584) be and the same is hereby amended by inserting between the word Revenues and the words as an ex-officio member thereof in the ninth line of Section 1 of said Act the following: or some other Commissioner of Roads and Revenues appointed by said chairman, so that Section 1 of said Act as amended shall read as follows: Act of 1939 amended. 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, or some other Commissioner of Roads and Revenues appointed by said chairman, 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. Authority to create planning commission Section 2. Be it further enacted that Section 6 of said Act be and the same is hereby amended by inserting between the word Board and the words as ex-officio member thereof in line five of Section 6 of said Act the words,

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or some other Commissioner of Roads and Revenues appointed by said chairman, so that said Section 6 as amended shall read as follows: 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, or some other Commissioner of Roads and Revenues appointed by said chairman, as exofficio member thereof and the Clerk of said board as exofficio clerk of said Commission) and in electing them, they shall designate that the terms of two of said members shall expire on 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. Election of members of planning commission. Section 3. Be it further enacted that all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1941. GLASCOCK COMMISSIONERSAMENDMENT REPEALED. No. 225. An Act to repeal an Act entitled an Act to amend an Act entitled an Act creating a Board of Commissioners of Roads and Revenues of Glascock County (Georgia Laws 1939, page 605) relating to nepotism and restriction on compensation; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Act of the General Assembly entitled an Act to amend an Act entitled an Act creating a Board of

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Commissioners of Roads and Revenues of Glascock County prohibiting nepotism and restricting compensation paid to Commissioners of Roads and Revenues of Glascock County approved March 9, 1939 (Georgia Laws 1939, page 605, 606) be and the same is hereby repealed in its entirety. Act of 1939 repealed. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1941. GLASCOCK COMMISSIONERSCOMPENSATION. No. 224. An Act to amend an Act entitled an Act to create a Board of Commissioners of Roads and Revenues in and for the County of Glascock (Georgia Laws 1939, page 595 et seq) by authorizing necessary traveling expenses and authorizing Commissioners to be employed and paid as county employees; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Act of the General Assembly entitled an Act to create a Board of Commissioners of Roads and Revenues in and for the County of Glascock approved February 3, 1939 (Georgia Laws 1939, pages 595 et seq) be and the same is hereby amended by adding thereto a new Section to be known as Section 9a to read as follows: Act of 1939 amended. The Commissioners of Roads and Revenues of Glascock County are hereby authorized to be engaged and paid as employees of Glascock County upon resolution of the Board of Commissioners, which said Board may also fix the duties of Commissioners who may be engaged by the Board as county employees. The Commissioners of Roads and Revenues of Glascock County shall be paid actual

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necessary travelling expenses when in attendance upon necessary county business whether the said travelling be within or without Glascock County. Compensation Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1941. GLYNN COMMISSIONERSAUTHORITY TO SELL LAND. No. 383. An Act to authorize the Commissioners of Roads and Revenues for Glynn County, Georgia, to sell or lease, all or any part of the dedicated areas in that subdivision on St. Simons Island in Glynn County, Georgia, known as Arnold Villa Estates, 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 Commissioners of Roads and Revenues for Glynn County, Georgia, are hereby authorized in their discretion to sell, or lease for such term of years as they may deem proper, to the adjoining land owner or land owners all or any part of the areas that have been dedicated for public use in that subdivision on St. Simons Island, Georgia, known as Arnold Villa Estates. Authority to sell land. Section 2. Such sale or lease shall be upon such terms and for such consideration as the said Commissioners of Roads and Revenues for Glynn County, Georgia, may deem proper. Section 3. The conveyance or conveyances, lease or leases that may be executed persuant to this authority shall operate to alienate the interest of the public in such areas either forever or for the term provided in the instrument.

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Section 4. Such sums as may be derived from the sale or lease of such areas shall be used by the said Commissioners of Roads and Revenues to acquire parks on St. Simons Island or to improve the parks now belonging to the County of Glynn. Section 5. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved March 24, 1941. GLYNN COMMISSIONERSLICENSES AND OCCUPATION TAXES. No. 150. An Act to amend an Act approved February 11, 1937, to create a Board of Commissioners of Roads and Revenue for Glynn County, Georgia, to provide qualifications, methods of selection, terms of office, powers, authority and liability of members thereof; to provide for the filling of vacancies; for the appointment of a clerk, and his duties and authority; to provide compensation for members of the board; to provide for the publication of the minutes of the board and an annual audit; to provide for the passage by the board and an annual audit; to provide for the passage by the board of ordinances to regulate the use of the public buildings, wharves, bulkheads and piers owned by Glynn County, Georgia; to define the courts having jurisdiction to try persons for the violation thereof; to provide for the punishment of offenders against the same, and Acts amendatory thereof, so as to vest in said Board of Commissioners of Roads and Revenue of Glynn County, Georgia, in addition to powers and authorities heretofore conferred upon said Board, the power and authority to levy license and specific or occupation taxes on all those who transact or

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offer to transact business in said County without the incorporated limits of the City of Brunswick; and to provide for the collection thereof; and to fix penalties for those who transact or offer to transact business in said area without first obtaining a license 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 an Act approved February 11, 1937, to create a Board of Commissioners of Roads and Revenue for Glynn County, Georgia, to provide qualifications, methods of selection, terms of office, powers, authority and liability of members thereof; to provide for the filling of vaauthority; to provide compensation for members of the cancies; for the appointment of a clerk, and his duties and authority; to provide compensation for members of the board; to provide for the publication of the minutes of the board and an annual audit; to provide for the passage by the board of ordinances to regulate the use of the public buildings, wharves, bulkheads and piers owned by Glynn County, Georgia; to define the courts having jurisdiction to try persons for the violation thereof; to provide for the punishment of offenders against the same; and acts amendatory thereof, be and the same is hereby amended by including therein the following provisions, to-wit: Act of 1937 amended. 1. Said Board of Commissioners of Roads and Revenue for Glynn County, Georgia is authorized and empowered to levy such licenses and specific or occupation taxes on all those who transact or offer to transact business within said County and without the incorporated limits of the City of Brunswick as said County Board of Commissioners may deem expedient or necessary for the safety, benefit, convenience, or advantage of said County, and the citizens thereof; to classify businesses or occupations for the purpose of such taxation in any way which may be lawful; to require

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such persons to procure licenses before engaging in business or offering to transact business in such area; to compel the payment of such licenses and taxes by executive or in any other lawful manner, and to make all suitable laws and regulations necessary and proper to the carrying out of the powers herein conferred, and to prescribe suitable penalties for violations thereof. Without in any way limiting other methods by which the payment of such licenses may be enforced, it is enacted that the same may be enforced as provided in Section 92-3907, Section 92-3908, Section 92-3909, and Section 92-3910, of the Code of 1933 relating to collection of licenses for the exhibition of shows, etc. License and occupation taxes. 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 10, 1941. GWINNETT TREASURER'S SALARYREFERENDUM. No. 345. An Act to amend an Act entitled An Act to fix the salary of the Treasurer of Gwinnett County in lieu of Commissions as paid; to pay premium on his bonds from funds of the county treasury, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that section one of the act to fix the salary of the Treasurer of Gwinnett County as set out on page 558 of Georgia Laws 1920, be amended by striking from said section one of said Act the words: One Hundred ($100.00) Dollars, and substituting in lieu thereof the words, One Hundred and Fifty ($150.00) Dollars, so that said section one when so amended shall read as follows: Act of 1920 amended.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the approval of this Act, and annually thereafter, the compensation or salary of the Treasurer of Gwinnett County shall be One Hundred and Fifty ($150.00) Dollars per month in lieu of the compensations now received in commissions, and any and all other compensation now received by the Treasurer of said County. Said sum of One Hundred and Fifty ($150.00) Dollars to be paid out of the Treasury of Gwinnett County, monthly, upon the warrant of the County Commissioners of said County. Treasurer's salary increased. Section 2. Be it further enacted by the authority aforesaid that the amendment of this Act shall not become effective until it is approved by a majority of the qualified voters of Gwinnett County voting at the General election to be held in June, 1941 by referendum, wherein the ballots to be prepared by the Ordinary of said County shall have written thereon the following: Referendum. For increasing the annual salary of the Treasurer of Gwinnett County from $1200.00 to $1800.00, Against increasing the annual salary of the treasurer of Gwinnett County from $1200.00 to $1800.00, Upon the return and consolidation of the votes cast, the Ordinary of said County shall declare the results of said election. Section 3. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 27, 1941.

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HARALSON TREASURERSALARY CHANGED. No. 337. An Act to amend an Act approved August 16, 1915, fixing the salary of the County Treasurer of Haralson County, striking therefrom the words three hundred ($300.00) dollars per annum payable monthly and inserting in lieu thereof six hundred dollars ($600.00) per annum payable monthly. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that from and after the passage of this act and annually thereafter, the compensation of the Treasurer of Haralson County shall be six hundred dollars ($600.00) per annum, payable monthly from the county funds in the hands of the treasurer which is full compensation and in lieu of commissions. Treasurer's salary to be $600.00 per annum. Section 2. Be it further enacted by the authority aforesaid That the premium of the bond of said treasurer may be paid out of the funds of said county in the event of bond being required by the county authorities in a bonding company, said bond to be approved in the same manner now required by law. Premium on bond. Section 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 27, 1941.

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HEARD COMMISSIONER'S OFFICE CREATEDREFERENDUM. No. 421. An Act to create a Board of Commissioners of Roads and Revenues for the County of Heard; to provide for elections; to prescribe the term of office of the Commissioners; to define certain qualifications; to provide for a Chairman; to define the powers and duties of the Board; to provide compensation for members of the Board; to provide general provisions relative to the management of the affairs of the County; to repeal an Act creating the office of Commissioners of Roads and Revenues of the County of Heard (Georgia Laws 1933, page 556, et seq.) and to repeal the Act amending the Act creating the office of Commissioners of Roads and Revenues of the County of Heard (Georgia Laws 1937, page 1347, et seq.) to provide for a referendum election and an effective date for this Act; and for other purposes. Be it enacted by the General Assembly of Georgia Section 1. There is hereby created a Board of Commissioners of Roads and Revenues for the County of Heard to consist of three members; each member to be nominated from his respective district in the primary held by his political party, but the members of the Board of Commissioners of Roads and Revenues shall be elected by the voters of the entire county. Board created. District No. 1 shall consist of Franklin, Enon Grove, Cooksville and Corinth. District No. 2 shall consist of Glenloch Central Hatchee, Rockalo and Loftin. District No. 3 shall consist of Walnut Hill, Waresville, Texas, Glenn and Houston. Districts defined. Section 2. The said commissioners, in event this Act becomes effective, shall be elected in the general election held

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in November, 1944, and each of said commissioners shall hold office for a term of four years, beginning January 1, 1945. Election. Section 3. There shall be a Chairman of the said Board of Commissioners of Roads and Revenues of Heard County, who shall be elected by the members of the Board and who shall serve as Chairman during the term of his office as a member of said Board. In order to be eligible to hold the office of Commissioner or Chairman of the Board, one must have attained the age of thirty 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. Qualifications of members. Section 4. Before entering upon the discharge of his duties as such, each member of the Board of Commissioners, including the Chairman, 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 One Thousand ($1,000.00) Dollars, payable to the Ordinary of Heard County and his successors in office, and conditioned upon the faithful discharge by said members of the Board of Commissioners, including the Chairman, of all duties and carrying out the conditions thereof, which said bond may be sued upon in the name of said Ordinary, either on his own motion or by direction of the Grand Jury of Heard County. The said Commissioners and their 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 non-feasance. The Commissioners of Roads and Revenues are authorized to pay the annual premium due on such bonds out of the public funds of said county. Bond. Section 5. Before entering upon the duties of office, each commissioner shall make and subscribe to an oath before the Ordinary of Heard County to faithfully discharge the

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official duties of membership on the Board and to carry out the provisions of this Act to the best of his skill and knowledge and to the best interests of the entire County of Heard. Oath. Section 6. The compentation of the members of the Board of Commissioners of Roads and Revenues of Heard County, exclusive of the Chairman, shall be Four ($4.00) Dollars per diem when engaged upon attendance at regular or called meetings of the Board of Commissioners, the regular meetings for the said Board to be held on the first Monday in each month and called meetings to be held subject to the call of the chairman. The chairman shall receive a salary of Twenty-Five ($25.00) Dollars per month, which shall be in lieu of all per diem. Compensation Section 7. In case of a vacancy, the other members of the Board shall select a qualified person to fill the vacancy until a successor is elected and qualified at a special election to be called by the Clerk of the Superior Court within ten days after the vacancy occurs, and the said election shall be held within thirty days after the vacancy occurs. All rules and regulations governing such special election shall be those now provided by law. Vacancy. Section 8. The Board of Commissioners of Roads and Revenues is hereby vested with exclusive jurisdiction and control over the following matters, to-wit: directing, controlling and caring for all property of the county according to law; levying taxes for county purposes according to law; establishing, altering or abolishing public roads, bridges and ferries in conformity to law; establishing, abolishing or changing election precincts and militia districts according to law; 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; examining and auditing all claims and accounts of officers having the care, management, keeping, collection,

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or disbursement of money belonging to the county or appropriated for its use and benefit, in bringing them to a settlement, and especially is he charged with frequently examining and auditing the books of the county treasurer or depository, the tax collecotr, 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 Board itself or through certified accountants or bookkeepers employed for the purpose, and such may require from all officers, subject to examination, such reports as may be necessary to keep said board fully informed at all times of the financial condition of the county; controlling, calling for, and managing the convicts of the county according to law; make rules and regulations and provisions for the support of the poor of the county according to law, in promoting and preserving the public health of the county, with the authority to quarantine against contagious diseases and epidemics according to law; regulate and fix license fees as authorized by law; provide for and collect the commutation road taxes, fixing the amount to be paid in money or the number of days work to be performed in lieu thereof; to try all road defaulters according to law; and to have and exercise all powers generally vested by law in the ordinary when sitting for county purposes; to exercise such other powers as are granted by law, or as may be indispensable to the jurisdiction over said county matters or county finances; select and appoint 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 or the court house, county physician, health officer, tax assessors, county policemen, and other officers and guards as needed and authorized by law. All appointees of said board shall be subject to suspension or dismissal at any time and no appointee so suspended or dismissed shall be entitled to a salary or

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compensation during suspension or after dismissal, no matter whether the time for which he was appointed has expired or not. Jurisdiction of Board. Section 9. The said board shall have authority to employ a competent attorney at law to advise the Commissioners and represent the county in any litigation which may arise in which said county is a party. Said Commissioners shall pay said county attorney a reasonable sum for his services. Whenever it is deemed necessary, the Board of Commissioners may employ additional counsel to assist the county attorney. The Board of Commissioners of Heard County shall have entire control and management of the convicts of said county and shall employ them in conformity with law and with the rules and regulations of the said Board of Commissioners. County attorney. Section 10. The commissioners shall keep a proper and accurate book of minutes wherein shall appear all orders and proceedings had and passed with reference to county matters. The Board shall keep a complete and accurate book of county vouchers, wherein shall appear in detail all orders and warrants drawn on the county treasurer or depository, for what purpose, and upon what fund. The Board shall also keep a book in which shall be recorded in itemized form all articles or things of whatever kind purchased for the use of the county, giving the name of the article, date when purchased, from whom purchased, the price paid therefor, and for which department of the county purchased and used. The Board shall also keep a cash book in which shall be daily entered up by the Clerk of the Board any cash item received, from whom received, and for what purpose received. A record shall also be kept, separate from other financial records of the county, of all expenditures on account of the public works camp of the county, including supplies, equipment and expenses therefor, and pay of warden, guards and employees. The Board shall keep an inventory

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book of all county property, including road machinery, livestock, road-working tools and every other kind and class and description of property belonging to the 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. Said book and records shall be kept so as to show at all times the financial condition of the county and shall be open to inspection of any and all citizens of Heard County who may be interested in seeing the same. Records to be kept. Section 11. The Board of Commissioners is hereby required to call and advertise for bids before purchasing any material, equipment or supplies exceeding the estimated value of Three Hundred ($300.00) Dollars, first publishing an advertisement calling for bids at the court house upon the bulletin board and the door thereof or by advertising therefor in the legal organ of Heard County. The advertisement for bids in such case shall contain specifications of the articles, merchandise, supplies or equipment sought to be purchased and shall be submitted in sealed envelopes to the Board to be opened by the Board in regular or special called meeting. The purchases shall be made from the lowest and best bidder in all such cases. Bids to be advertised. Section 12. The Board of Commissioners of Heard County shall not spend, or contract to spend, or obligate itself in any way for any money in excess of the anticipated revenue for the year in which an expenditure or contract is made or entered into. Notice of advertisement for competitive bids must be published by giving ten days notice. The Board is to use its best judgment regarding such matters, except as herein specifically directed. Section 13. Metal culverts, concrete culverts, steel bridges, timber bridges and other road and bridge material shall be purchased in compliance with the foregoing section

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and only upon written specifications embodying such standards as those recognized by the Federal Bureau of Roads or the State Highway Department of Georgia. Section 14. The Board of Commissioners 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 the same, or from the State Government, or from the United States Government, and such contributions when received shall be used for the improvement of same as designated by the contributor. Said Board shall keep a book of accounts, which shall correctly show all such contributions, from whom received, and a correct disbursement of same, and the clerk of the Board shall take and file receipts for all such disbursements, and the members of the Board and their sureties upon their official bonds shall be liable to the ordinary for any misappropriation of any such funds. Board may receive contributions. Section 15. It shall be the duty of the Board of Commissioners of Roads and Revenues of Heard County to keep always in view that which will be to the greatest good of the greatest number of citizens of Heard County in all road and bridge work done in said county, and this policy shall be uniformly observed by said Commissioners. Policy. Section 16. The Board of Commissioners shall keep in constant touch with the office of the State Highway Department and the office of the Director of Public Roads of the United States Department of Agriculture and shall secure and keep in the office of the Board all bulletins and pamphlets bearing upon the subject of road building, and it shall be the duty of the Board at all times to entertain and discuss with such officers and officials theories and methods of road building. Road building bulletins. Section 17. It shall be the duty of the Commissioners

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of Roads and Revenues to have the main streets and thoroughfares of the incorporated cities and towns in Heard County, which are continuous or extensions of public roads leading into or from said cities or towns, worked and kept in repair in the same manner as the public roads of said county are now worked and maintained outside of said cities and towns of said county. Streets to be worked. Section 18. It shall be the duty of said Board of Commissioners to cooperate with the officials of the incorporated cities and towns within said county in securing for them appropriations from the State Highway Department of Georgia and the Federal Government funds and materials for the improvement of such streets or thoroughfares as may be designated by the city or town officials, said Commissioners of Roads and Revenues, highway engineer or official of Georgia, or engineer or director of the Federal Bureau of Roads. Cooperation with towns. Section 19. The working of streets and thoroughfares in and through the cities and towns in Heard County as herein provided for shall at all times be under the direction, supervision, and control of said Board of Commissioners, just as the public road work of the county is now performed; provided, in event of disagreement between the municipal authorities and the Board of Commissioners as to any matter pertaining to the said work herein provided for, the judgment and decision of the Board of Commissioners shall be final and shall prevail in the premises. Decision of board of commissioners to be final. Section 20. The Grand Jury of Heard County, at each regular term of court, or at any special session, may investigate the Commissioners of Roads and Revenues of Heard County, the office thereof, and the conduct of the county's business by the Board. Grand jury may investigate. Section 21. The Board of Commissioners are authorized to appoint and elect a clerk to and for said Board of Commissioners

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and are authorized to fix his salary not to exceed Seventy-Five ($75.00) Dollars per month. The Board is authorized to require from the clerk a good and sufficient bond for the faithful performance of his duties as such clerk, said bond payable to said Board of Commissioners of Roads and Revenues conditioned upon the faithful and full discharge by the clerk of all duties that may develop upon him by virtue of his appointment as Clerk of the Board of Commissioners of Roads and Revenues of Heard County. Clerk and salary. Section 22. 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 constitutionality of any part, section, provision or clause of this Act which is not in and of itself unconstitutional and invalid, and the remaining portions of this Act shall be enforced without regard to the section, provision, or clause of this Act which is not in and of itself unconstitutional or invalid, and the remaining portions of this Act shall be enforced. Constitutionality. Section 23. The Act of the General Assembly creating the office of Commissioners of Roads and Revenues of the County of Heard, etc., approved March 1, 1933 (Georgia Laws 1933, page 556, et seq.) be and the same is hereby repealed in its entirety and the Act of the General Assembly amending the Act creating the office of Commissioner of Roads and Revenues of the County of Heard, approved March 8, 1937 (Georgia Laws 1937, page 1347, et seq.) be and the same is likewise repealed in its entirety, so that this Act shall supersede completely and absolutely the Act of the General Assembly creating the office of Commissioner of Roads and Revenues of the County of Heard approved March 1, 1933, as well as all Acts amendatory thereof. Acts repealed. Section 24. This Act shall become effective, valid and

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operative only in the event the same shall have been submitted for ratification or rejection by the qualified voters of Heard County at a referendum election to be held at the next general election (the June General Election 1941). At said election the proposition shall be submitted so that those voting to effectuate this Act shall have written or printed on their ballots, For Act creating three-man Board of Commissioners of Roads and Revenues for Heard County. And those opposed to this Act shall have written or printed on their ballots, Against Act creating three-man Board of Commissioners of Roads and Revenues for Heard County. The returns of said election shall be made to the ordinary of the county, who shall declare the result thereof. If a majority of those voting at said election vote for the three-man Board of Commissioners of Roads and Revenues for Heard County, then this Act shall become effective, operative and of full force January 1, 1945. Otherwise, this Act shall be invalid, inoperative and ineffectual. Referendum. Section 25. All laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 27, 1941. HENRY TAX COMMISSIONER COMPENSATION. No. 168. An Act to amend an Act creating the office of Tax Commissioner for Henry County (Georgia Laws 1925, page 660 et seq) and all acts amendatory thereof by providing and fixing compensation for the said Tax Commissioner; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Act of the General Assembly creating the office of Tax Commissioner for Henry County approved

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August 18, 1925 (Georgia Laws 1925, page 660 et seq) and all Acts amendatory thereof be and the same are hereby amended by adding thereto the following provisions of law: Act of 1925 amended. That said Henry County Tax Commissioner shall receive and be paid, as full compensation for any and all duties performed by him as Receiver and Collector of the County, county-wide and local school district, and any and all other taxes except State, professional, poll and special taxes, a fixed salary of Two Thousand, Four Hundred ($2,400.00) Dollars per annum to be paid from the County Treasury in monthly installments of Two Hundred ($200.00) 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 also be entitled to the commissions, allowed by the State for the collection of all State, professional, poll and special taxes collected by him. All fees, commissions and all other compensations allowed to the Tax Receiver and Tax Collector of Henry County, on county, countywide, and local school district taxes, shall be collected by said county tax commissioner and paid into the treasury of Henry County, Georgia. Compensation of tax commissioner. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 12, 1941. JACKSON JUSTICES OF THE PEACECOMPENSATION IN CRIMINAL CASES. No. 95. 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 Jackson County, and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. That all Justices of the Peace and Notaries Public who are Ex-Officio Justices of the Peace in Jackson County of the State of Georgia, shall be compensated in criminal cases in the way and manner hereinafter prescribed. Who included. Section 2. Said officers above named shall present their bill of costs to the Ordinary and Clerk 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 Ordinary and Clerk 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 Clerk and the Ordinary 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 Clerk and Ordinary, shall be paid, and if approved in whole, the entire bill shall be paid, as hereinafter provided. Procedure. Affidavit. Certification. Payment. 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. Minutes, entering on. Section 4. In the event that either the Clerk or Ordinary 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 Judge of Superior

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Court to examine said bill and to pass upon its correctness, and if found to be correct in whole or in part by said Judge, then the part so found to be correct shall be so certified by the Judge 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. Clerk or ordinary, failure to certify. Judge, approval by. Section 5. The provisions of this law shall only apply to criminal cases. Criminal cases. Section 6. All laws and parts of laws in conflict herewith are hereby repealed. Repealing clause. Approved February 26, 1941. JEFF DAVISCOUNTY CUSTODIAN'S OFFICE CREATED. No. 354. An Act To create the office of County Custodian for Jeff Davis County, Georgia; to provide the method of this appointment, fix his term of office, and prescribe the manner in which he shall qualify; to fix his compensation, prescribe his duties and define his authority; to provide that all funds now belonging to or which shall hereafter accrue to said County of Jeff Davis shall be paid to the County Custodian and be deposited by him as herein prescribed; to provide that all funds of the County shall be disbursed by the County Custodian in the manner and by the methods specified in this Act; to provide that all legal charges which may hereafter be incurred by the County shall be paid by warrant issued by the County Custodian, and prescribe the limitations imposed upon him in issuing said warrants; to provide for his removal

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from office and prescribe criminal penalties against him for violation of certain provisions of this Act; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, that from and after the passage and approval of this Act that the office of County Custodian be, and the same is hereby created for Jeff Davis County, Georgia. The said County Custodian shall be the legally constituted receiving and disbursing officer of said County and shall receive and disburse all funds belonging or accruing to the same as prescribed by the terms of this Act. County custodian's office created. Section 2. Upon the passage and approval of this Act the Ordinary of said County of Jeff Davis shall immediately appoint some competent and qualified person as County Custodian of said County of Jeff Davis for a term expiring on the 31st day of December, 1941. After the expiration of said term the term of office of such County Custodian shall be for a period of one year beginning on the first day of January and expiring on the 31st day of December of each and every calendar year after the 31st day of December, 1941. The appointment of such County Custodian shall be by written order and shall specify the compensation to be received by the County Custodian for the term for which he is appointed, and said order shall be recorded upon the minutes of the Court of Ordinary of said County of Jeff Davis by the governing authority of said County. Appointment of custodian. Section 3. Before entering upon the duties of his office the County Custodian shall take and subscribe to a written oath that he will faithfully discharge all his duties devolving upon him as County Custodian and shall execute and deliver to the Ordinary, or other governing authority of said County of Jeff Davis, a good and solvent bond in the sum of seventy-five hundred dollars. Said bond shall be approved by the governing authority of the County, shall

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be payable to the Ordinary of Jeff Davis County, and his successor in office, and shall be conditioned for the faithful discharge by the County Custodian of all of the duties of his office. Said oath and bond shall be duly recorded on the minutes of the Court of Ordinary of Jeff Davis County. Oath. Bond. Section 4. The compensation of the County Custodian shall be fixed by the Ordinary or other governing authority of said County of Jeff Davis, provided however, that said compensation shall not exceed the sum of fifty dollars per month. The Ordinary or other governing authority of said County of Jeff Davis shall have the right and authority to either increase or decrease the compensation fixed for the County Custodian, but shall not have authority in any event to fix his compensation in excess of the sum of fifty dollars per month. The compensation of the County Custodian shall be payable each month upon order of the governing authority of said County of Jeff Davis and shall be paid in the manner herein prescribed for paying other legal charges against said County. Compensation fixed by ordinary. Section 5. It shall be the duty of the Ordinary or other governing authority of said County of Jeff Davis to designate by written order some banking institution in which all funds belonging or accruing to said County shall be deposited. Said banking institution shall be a duly chartered bank authorized under the laws of Georgia to receive deposits and shall be a banking institution carrying insurance with the Federal Deposits Insurance Corporation for the protection of its depositors. Such written order shall be recorded on the minutes of the Court of Ordinary of said County of Jeff Davis and a copy of the same shall be delivered to the County Custodian. Ordinary to designate depository. Section 6. The County Custodian is herein designated as the duly authorized County Custodian of all funds belonging or accruing to said County of Jeff Davis and it shall be the duty of all persons, officers and officials having

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in their possession custody or control any funds belonging to said County to pay over the same to the County Custodian, who shall duly receipt them for such payment. The County Custodian upon receipt of said funds shall immediately deposit the same to the credit of Jeff Davis County in the Banking Institution designated for such purposes. Custodian of funds. Section 7. It shall be the duty of all persons having legal claims against said County of Jeff Davis to present the same to the Ordinary or other governing authority of said County for approval. And if said claims are found to be legal and valid charges against said county the governing authority thereof shall approve the same and order their payment out of the proper funds available for such purpose. The approval and order of payment of such claim by the governing authority shall be in writing, and shall be the authority for the County Custodian to issue a warrant for the payment of the same. The County Custodian shall not have authority to issue a warrant for the payment of any claim or charge against said County unless the same has first been approved in writing by the governing authority thereof, nor shall the County Custodian be authorized to issue a warrant for any purpose unless sufficient funds are on deposit to pay the same out of the fund upon which it is drawn. Claims against county. Section 8. It shall be the duty of the County Custodian to keep a complete and accurate record of all funds received by him for and in behalf of said County of Jeff Davis, said records to show when said funds were received, from whom received, and for what purpose the same were received. It shall likewise be his duty to keep complete and accurate records of all warrants issued by him for the payment of legal claims or charges against said County, said records to specify when said warrants were issued, to whom issued, for what purpose issued, and out of what fund the same were payable. Such records shall be kept in well-bound books provided for that purpose and shall be a true and

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accurate record of all funds received by the County Custodian for the benefit of the County and of all funds disbursed by him in payment of legal claims and charges against the County. The County Custodian shall carefully preserve all approved orders presented to him for payment, and all paid warrants representing payments made for such approved orders. Custodian to keep records. Section 9. It shall be the duty of the County Custodian as the duly constituted receiving and disbursing officer of Jeff Davis County to make settlements with the Tax Commissioner of said County from time to time as required by law, and it shall be the duty of the Tax Commissioner to pay over to the County Custodian all funds received or collected by him for and in behalf of said County. The County Custodian shall receipt the Tax Commissioner for all funds so paid to him and shall deposit said funds in the Banking Institution designated as the depository of County funds. The County Custodian shall keep a complete and accurate record of all funds paid to him by the Tax Commissioner, said records to show when said payments were made and for what account or fund the same were received or collected. Such records shall be kept in well-bound books provided for that purpose and shall show for what purpose the said funds were received or collected by the Tax Commissioner. Settlements with tax commissioner. Section 10. It shall be unlawful for the County Custodian to issue any warrant on funds belonging to said County of Jeff Davis except to pay legal claims and charges against said County that have been duly approved by the governing authority thereof as prescribed in this Act, and it shall likewise be unlawful for him to issue any warrant for the payment of the monies of said County out of any funds unless there are sufficient funds on deposit to the credit of said fund to pay said warrant, and any County Custodian violating either of these provisions shall be guilty of a misdemeanor.

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Violation of either of said provisions shall likewise constitute good and sufficient cause for removing the County Custodian from office. Misdemeanor. Section 11. It shall be the duty of the County Custodian to set up and maintain in the banking institution selected as the depository of County funds an account to be known and designated as the Sinking Fund Account, and the County Custodian shall deposit in this Account all funds paid to him that have been received or collected to pay the interest on the bonded indebtedness of the County and to retire said bonded indebtedness at maturity. This Account shall be a separate account and no funds shall be deposited in the same except such as were collected and received for the purpose of paying the bonded indebtedness of the County and the interest accruing thereon. No warrant shall be drawn against said account for any purpose whatsoever except to pay the bonded indebtedness of said County as it matures and to pay the legal interest on the same as it accrues. It shall be unlawful for the County Custodian to issue any warrant against the funds deposited in said Sinking Fund Account except to pay the bonded indebtedness of the County and interest accruing on the same, and any County Custodian issuing any warrant against the funds deposited in said account for any other purpose shall be guilty of a felony and upon conviction shall be sentenced to serve not less than one nor more than three years in the penitentiary of this State. The issuing of any warrant against the funds deposited in said fund for any other purpose shall likewise constitute good and sufficient cause to remove the County Custodian issuing such warrant from office. Sinking fund account. Section 12. It shall be the duty of the Ordinary or other governing authority of said County of Jeff Davis to furnish the County Custodian with all books necessary for the proper keeping of the records of his office as specified herein and the expense of providing said books and records shall

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be a proper charge against said County of Jeff Davis and shall be paid as provided herein for the payment of other legal claims and charges against said County. In the event the bond of the County Custodian herein provided for is signed and executed by companies authorized under the laws of this State to write surety bonds and become sureties on bonds, then in such event the cost and expense of said bond shall be a legal charge and claim against said County and shall be paid as other legal claims and charges against said County are paid. Record books to be furnished. Section 13. The Ordinary or other governing authority of said County shall at all times have the power and authority to remove the County Custodian from office when such governing authority is convinced that the County Custodian is incompetent to perform the duties of his office, or when he fails to properly perform the same, or when in the opinion of the governing authority the interest of the County will best be subserved by the removal of the County Custodian from office. Should the Ordinary or other governing authority decide to remove the County Custodian from office as herein provided he shall do so by a written order which shall be duly recorded on the minutes of the Court of Ordinary of said County, and by delivering a copy of the same to the County Custodian. It shall not be necessary for the Ordinary or other governing authority to said County of Jeff Davis to give the County Custodian any hearing or trial or any other or further notice than the copy of the written order herein prescribed. Upon receiving a copy of said written order removing him from office it shall be the duty of the County Custodian to immediately turn over to the governing authority of said County any and all funds, records or other property of said County which may be in his possession, custody or control by virtue of his office. Removal of custodian from office. Section 14. It shall be mandatory upon the Ordinary or

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other governing authority of said County of Jeff Davis, to summarily remove the County Custodian from office whenever it appears that such County Custodian has issued any warrant for the payment of County funds without having an approved voucher for the payment of the same or when it appears the County Custodian has issued any warrant for the payment of such funds without having sufficient funds on deposit to pay said warrant or whenever it appears that the County Custodian has issued a warrant against the Sinking Fund Account of the County for any purpose except the payment of the bonded indebtedness of the County or the legal interest accruing thereon. In such event the governing authority of the County shall pass a written order summarily removing the County Custodian from office and said order shall be recorded on the minutes of the Court of Ordinary and a copy of the same delivered to the County Custodian. Upon receiving a copy of such order it shall be the duty of the County Custodian to immediately turn over to the governing authority of the County and and all funds, records and property of every kind and nature belonging to said County in the possession, custody and control of the County Custodian. Mandatory upon ordinary. Section 15. It shall be the duty of the County Custodian immediately upon his qualifying for such office to compile a complete and accurate record of any and all warrants heretofore issued by the Ordinary of Jeff Davis County and which are now outstanding and unpaid. It shall be the duty of all parties holding such outstanding unpaid warrants to present the same to the County Custodian and if found by him to be legal charges against the County he shall enter his approval thereon and shall pay the same upon presentation, provided he has on deposit funds available for that purpose. If funds are not available for that purpose when said warrants are presented to the County Custodian, then he shall pay such warrants when funds are available for the payment of the same. Provided however, that should the

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County of Jeff Davis have any off-set or counterclaim against said warrant or against the legal holder thereof, then in such event the County Custodian shall have the right to urge such off-set or counterclaim against the payment of such warrant. Duty of Custodian to record all warrants. Section 16. The Ordinary or other governing authority of said County of Jeff Davis shall at all times have full and free access to all books and records of the County Custodian and shall in his discretion have said books and records audited when he deems it meet and proper to so do. The books and records of the County Custodian shall likewise be open to inspection by any citizen of Jeff Davis County or by the holder of any claim against said County, or his legal representative. Ordinary to have access to records. Section 17. It shall be the duty of the County Custodian to make up and present to the Grand Jury at each and every term of the Superior Court to be held in said County of Jeff Davis a complete and accurate statement of the fiscal affairs of said County, said statement to show all the assets and liabilities of the County and to reflect the financial status of said County. When called upon by the Grand Jury to so do the County Custodian shall also prepare detailed information showing the indebtedness of the County, to whom it is due, and when payable, and likewise detailed information as to all property and other assets of the County. Statement to be presented to grand jury. Section 18. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 27, 1941.

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JEFF DAVISCOUNTY DEPOSITORY ABOLISHED. No. 338. An Act To repeal and abolish the Act approved August 2, 1916, creating and establishing a County Depository for Jeff Davis County, Georgia, and to provide for the disposition for all funds, records, papers and accounts that may have been kept regarding said Depository and other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that on and after the approval of this act, that the act approving and establishing a Depository for Jeff Davis County, Georgia, approved August 2, 1916, be and is hereby repealed. Act of 1916 repealed. Section 2. Be it further enacted that the provisions of this Act shall become immediately effective upon the passage and approval of House Bill No. 641, now pending in the legislature of Georgia. Effective date. Section 3. Be it further enacted by authority aforesaid that all records, books, files or papers connected with the Depository be, and are hereby directed to be transferred from said Depository to the Ordinary's office of Jeff Davis County, Georgia, and to be taken charge of by the Ordinary of Jeff Davis County, Georgia, and it is further directed that on any evidence of money or any money that may be held by said Depository is hereby directed to be transferred to the Ordinary of Jeff Davis County, Georgia, and to be held by him in way and manner provided for by law, and to be handled as the law directs for the handling of county funds. Records transferred to ordinary's office.

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Section 4. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with the foregoing be and the same are hereby repealed. Approved March 27, 1941. JOHNSON COMMISSIONERSACT REPEALED. No. 241. An Act To repeal an Act entitle 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. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: Section 1. That from and after the passage of this Act, the Act approved February, 3rd., 1939, (Georgia Laws 1939, p 627) which Act was entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Johnson; provide manner of their election; to define their duties and powers; fix their salaries and terms of office; to provide for filling vacancies; and for other purposes; Be and the same is hereby repealed. Act of 1939 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, 1941.

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JOHNSON COMMISSIONER'S OFFICE CREATED. No. 269. An Act to create a Board of Commissioners of Roads and Revenues for the County of Johnson, provide manner of their election, to define their duties and powers, fix their salaries and terms of office, provide for filling vacancies, to provide for the appointment of a Clerk, name the Commissioners, name the Chairman and Vice-Chairman, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same that a Board of Commissioners of Roads and Revenues for the County of Johnson to consist of three (3) persons is hereby created. Said Commissioners shall be free-holders 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. 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 (3) road districts to be constituted as follows: County divided into road districts. Road District Number One shall be composed of the Wrightsville Militia District, Bray's Militia District, and Ringjaw Militia District. Road District Number Two shall be composed of Spann Militia District, Smith Militia District, Adrian Militia District, and Pullen Militia District. Road District Number Three shall be composed of Kite Militia District, Moore's Chapel Militia District, Powell Militia District, Price Militia District, and Ivey Militia District.

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Section 3. Be it further enacted by the General Assembly of Georgia and is hereby enacted by the authority of 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: Board members named. H. T. Johnson, a resident of road district number one, shall be a member of said Board and whose term of office shall be until December 31, 1944 and until his successor is elected and qualified. E. J. Sumner, a resident of road district number two, who shall be a member of said Board and whose term of office shall be until December 31, 1944 and until his successor is elected and qualified. J. G. Greenway, a resident of road district number three, who shall be a member of said Board whose term of office shall be until December 31, 1944 and until his successor is elected and qualified. The Governor shall commission the above named commissioners for their respective terms of office on the approval of this Act. Section 4. It is further provided that all county commissioners of Johnson County, Georgia holding office at the time of the approval of this Act, shall continue to hold office and function until their successors named in this Act are commissioned and duly qualified. Section 5. Be it further enacted by the authority aforesaid that the successors in office of the Commissioners of Roads and Revenues of Johnson County named in this Act shall be elected by the qualified voters of said County in 1944 and every four (4) years thereafter when the election for other County officers, to-wit: Ordinary, Clerk, Sheriff,

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Tax Collector and Tax Receiver, is held and their term of office shall begin on the first day of the following January after they have been commissioned by the Governor and qualified according to this Act. Election. Section 6. Be it further 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 the road district receiving the highest number of votes by the voters of Johnson county shall be elected to represent their district on said Board of Commissioners of Roads and Revenues of Johnson County, Georgia. Commissioner from each district. 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 Ordinary of said County and conditioned for the faithful performance of the duties of the office and the true accounting of all money, funds, and effects of said county going into their hands or coming under their direction. Such bond to be filed in the office of the Ordinary and be there recorded and safely kept. The premiums on said bond shall be paid by the county out of its funds. Bond. 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

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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, said vacancy shall be filled by the same method and in the same manner that vacancies in the office of Ordinary are now filled. Provided however that neither the Clerk of the Superior Court nor any other person shall act as Commissioner, during said vacancy, either by appointment or otherwise until duly elected in the manner prescribed. Provided further that until such vacancy is filled the remaining two members of said Board shall transact the business of the County. 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, except in January after their election and qualification, when they shall hold a regular meeting on the first work day of January and transact whatever business they see fit and proper. This meeting in no way to conflict with or affect the regular meeting to be held in said month on the first Tuesday. 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 year thereafter a Chairman and Vice Chairman shall be elected, and nothing herein shall prevent any Chairman or Vice-Chairman from succeeding himself. The Vice-Chairman shall in the absence or disqualification of the chairman or during the vacancy in office of the chairman, perform and discharge all the duties of the chairman, and in the event of a vacancy in the office of the chairman or vice-chairman the same shall be filled by the board at the next regular meeting after such vacancy becomes known. The Chairman shall be the chief executive of the Board.

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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 shall 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 meetings. The vote of any two members shall constitute a majority, and shall be sufficient to decide any question or matter by said Board. Meetings. Officers elected. Chairman, duties. Majority. 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, and the other two members of said Board shall receive a salary of Twenty-five ($25.00) dollars per month each. Said salaries shall be paid monthly out of the general funds of the County. 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 actual expenses shall be paid out of the general funds of the County. Salaries. Section 12. Be it further enacted by the authority aforesaid, that said Board of Commissioners of their first regular meeting on the first Tuesday after this Bill has been enacted into law, and their qualification as Commissioner of Roads and Revenues of Johnson County, or as soon thereafter as practicable, and at the first meeting in each year thereafter elect a Clerk of said Board of Roads and Revenues. The salary of said Clerk shall be fixed by said Board of Roads

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and Revenues not to exceed $50.00 per month. Said Clerk before entering upon his duties shall give bond in the sum of One Thousand ($1000.00) Dollars to be approved by said Board of Commissioners, the premium of said bond, if any, to be paid by the County out of the general fund, and said bond to be 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, 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 bonds of said Commissioners. He shall keep minutes of all meetings of said Board of Commissioners, and an inventory of all properties, and such books and records as may be required of him by said Board of Commissioners, and do such other acts and things as may be required of him by law as such Clerk. Said Board of Commissioners shall or may discharge said Clerk at any time and elect a successor. Clerk. Section 13. Be it further enacted by the authority aforesaid that it shall be the duty of said Board of Roads and Revenue Commissioners of Johnson County to make all purchases and contracts of purchase in excess of the sum of one hundred ($100.00) dollars upon a strictly competitive basis, and to this end said Board or the Clerk thereof, under the direction of said Board shall prepare monthly requirements of the county's needs, and post them on the bulletin board in the court house, or publish same in some newspaper as they see fit and proper, inviting bids upon the proposed purchases, stating the time and place of the opening of said bids and the making of said purchases; that said bids shall be received unopened and shall not be opened until the specified time and place, and at such time and place said bids shall be opened publicly, and the contract for purchasing said supplies shall be to the lowest and best bidder and the supplies purchased therefrom; provided

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however, should any machinery or equipment of said county which at the time is being used upon any public work suffer a breakdown, 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 they see fit and proper. Bids on purchases. Section 14. Be it further enacted by the authority aforesaid, that it shall be the duty of the Clerk of said Commissioners under their direction and supervision, to prepare a quarterly statement of the financial condition of the county and either post same in some conspicuous place in the court house so that it will be open to inspection of the public, or publish same in some newspaper published in the county, said financial statement showing all funds paid into the County Treasury and from what source received, and also showing all disbursements made by said county and to what fund the same was charged. Quarterly statement. Section 15. Be it further enacted by the authority aforesaid that all purchases of equipment, material, and supplies necessary for said county, before the same shall be paid for, must be approved by the Board of Commissioners at a regular meeting of said Board and said approval be endorsed on said bill and when this is done warrants therefor shall be regularly drawn, which warrant shall be signed by the Chairman and the Clerk as all other warrants drawn on the Treasury before payment thereof is made, except that in the absence of the Chairman, said vice-chairman shall be authorized to sign said warrant. Purchases to be approved. Section 16. 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.

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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. Warden. Section 17. 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, and Custodian of all county funds, Sheriff, Superintendent of Schools, Commissioner of Roads and Revenue, and such other offices as may be necessary audited by a certified accountant of this State when they deem it advisable. 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 tax payer of said county. Auditing. Section 18. Be it further enacted by the authority aforesaid, that the said Board of Commissioners of Roads and Revenue 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 commissioners 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

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Commissioners, fully informed at all times, of the financial condition of the county; in controlling, caring for and managing the convicts of the county, according to law; in making rules regulations and provisions for the support of the poor of the county, according to law; in promoting and preserving the public health of the county, with authority to quarantine against contagious diseases and epidemics, according to law; in regulating and fixing licenses fees as may be provided for; 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 policement; and other officers and guards as needed and authorized by law; and regulating peddling license according to 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 of Commissioners 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. Relationship of said 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 proper authorities of the State, and shall so employ them according to law, and under such plans of

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working, building, repairing, and maintaining the public roads, bridges and works of said county as may now or hereafter be adopted or enforced by law in said county. The said Board shall also have the right and authority to 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. Jurisdiction of board. Section 19. 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. Section 20. 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 have any financial interest in the purchase or sale of any indebtedness, or evidence of indebtedness, that may be owing to the County, or owed by the County, or to receive from any person any rebate, expense account, transportations, or other valuable consideration in connection with or through the purchase of any equipment, materials or supplies for the county, or the purchase or sale of any indebtedness of or to said county, or the awarding of any contract for said County; and if any commissioner or member of said Board, or the Clerk of said Board, shall knowingly

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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. Members of board and clerk may not have interest in purchases. 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 power 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. Powers of court. 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. Section 23. 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. Section 24. 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 25. Be it further enacted, that said Board of Commissioners of Roads and Revenue shall be the purchasing 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 members are present, and upon approval by a majority of those present. Provided,

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however, the Board may permit said officers of Johnson County to purchase supplies for their respective office, in amounts not to exceed twenty-five ($25.00) dollars 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. Board to act as purchasing agent. Section 26. 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 Code of Georgia, 1933, and shall forfeit his office. Rebate unlawful. 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 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 March 27, 1941.

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LANIER COMMISSIONERSSALARIES FIXED. No. 420. An Act To amend the act creating a Board of Commissioners of Roads and Revenues for the County of Lanier, as amended by the act approved March 27th, 1937, (Ga. Laws 1937, pp. 1358, 1362), by changing the salary and compensation of members of said Board, and by fixing the salary of the Chairman of said Board; to repeal conflicting laws; and for other purposes. Be it and it is hereby enacted by the General Assembly of Georgia: Section 1. That Section 16 of the act of March 7th, 1933, (Ga. Laws 1933, pp. 302, 611), as amended by the act approved March 27th, 1937, (Ga. Laws 1937, pp. 1358, 1362), relating to the salary and compensation of members of the Board of Commissioners of Roads and Revenues for the County of Lanier be and the same is hereby amended by striking and repealing said Section 16, as previously amended, and inserting in lieu thereof a new Section to be numbered and to read as follows: Act of 1933 and 1937 amended. Section 16. The salary of the Chairman of said Board shall be $20.00 per month and the salary of the members of said Board shall be $15.00 per month, all of which said salaries shall be paid monthly out of the general funds of the County. Section 2. All laws or parts of laws in conflict with this act are hereby repealed. Approved March 27, 1941.

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LAURENS COMMISSIONERSAMENDMENT REPEALED. No. 101. An Act To amend an Act entitled An Act to amend an Act approved August 17, 1911, with reference to the Board of Commissioners of Roads and Revenue of Laurens County, etc. (Georgia Laws 1939, page 641 et seq.) relating to nepotism, competitive bids, and work camps for and in Laurens County by re-defining and changing relationship prohibitions; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Section 2 of the Act of the General Assembly entitled an Act to amend An Act to amend an Act approved August 17, 1911, with reference to the Board of Commissioners of Roads and Revenue of Laurens County, etc. (Georgia Laws 1939, page 641 et seq.) relating to nepotism, competitive bids, and work camps in and for Laurens County be and the same is hereby repealed in its entirety and a new Section 2 substituted in lieu thereof to read as follows: Act of 1939 repealed. 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 said Board of Commissioners of Roads and Revenue within the following degrees... fathers, brothers, sisters, uncles, aunts, nieces, or nephews by marriage; any employment of any person within such degree of relationship as herein provided is prohibited by this Act and shall be illegal, and such person shall not be entitled

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any compensation for any service rendered upon any basis whatsoever. Nepotism. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 26, 1941. LAURENS COMMISSIONERSPUBLICATION. No. 137. An Act To amend an Act creating the Board of Commissioners of Roads and Revenues for the County of Laurens, defining its powers, duties and functions, (Ga. Laws 1893, pp. 362-363), and all laws amendatory thereof, by striking and repealing Section 1 and 1A of the Act approved August 18, 1927, (Ga. Laws 1927 pp. 621-622), relating to the publication of reports of commissioners, and by providing in lieu thereof a different method of publication of the reports of said commissioners; to provide penalties for the violation of this Act; and for other purposes. Be it and it is hereby enacted by the General Assembly of Georgia: Section 1. That the act of 1893 pp. 362-363, creating the Board of Commissioners of Roads and Revenues for the County of Laurens, prescribing the powers, duties, etc., of said Board, and all acts amendatory thereof, including the act approved August 18, 1927 (Ga. Laws 1927 pp. 621-622), providing for the publication of reports by said Board and prescribing the legal rate of advertising for said publication, be and the same is hereby amended by striking and repealing Sections 1 and 1A of the aforesaid Act of 1927, and enacting in lieu of said Sections as stricken the following: Act amended.

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Section 1. It shall be the duty of the County Commissioners, not later than the 20th day of each month, to post on a bulletin board in a conspicuous place in their office, on the courthouse of the county, a clearly legible typewritten statement showing the total revenue and income of the said County during the preceding calendar month from all sources, designating in detail the sources from whence said revenue and income was received, and the amounts received from each source; and also an itemized statement of the county expenditures for said preceding month, showing the amounts spent and the purposes for which spent; and said statement shall also show in detail as to date amount and purpose for which given, and name of payee to whom issued every county warrant or voucher issued during the said preceding month. It shall be the duty of the County Commissioners to cause such monthly statements to remain posted on said bulletin board for a period of not less than fifteen (15) days. Publication of monthly statement. Section 1A. At the end of each quarter of the calendar year, it shall be the duty of said County Commissioners to publish in the official county organ a composite statement of county finances and fiscal affairs, showing income, and expenditures of the county for the quarter then just ended, the general fiscal condition of the county, the assets (other than buildings) of the county such as cash on hand, uncollected taxes that are past due, current liquid assets, etc., and a list of the liabilities of the county. Provided, However, the cost of publishing said quarterly statementsthat is, the amount paid to the official county organ for publishing sameshall not exceed One-Hundred-Fifty Dollars ($150.00) in any one calendar year. Publication of quarterly statement in official organ. Section 2. Should any County Commissioner fail or refuse to publish the quarterly statements, or to post or cause to be posted the monthly statements as provided for in this Act within the time and in the manner prescribed, he shall

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be guilty of a misdemeanor and shall, upon conviction thereof, be punished as is prescribed in Section 27-2506 of the Code of Georgia of 1933. Penalty for failure. Salary. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1941. LIBERTY COMMISSIONERSZONING. No. 468. An Act Granting to the Commissioners of Roads and Revenue of Liberty County in the State of Georgia the authority to provide for, regulate and restrict in the unincorporated portions of the County the location, height, size, and use of buildings and other structures, the size of yards, courts and other open spaces, the density of population, the location of streets, and the use, conditions of use or occupancy of land for trade, industry, residence, recreation, transportation, agriculture, soil and water conservation, forestry, flood control or other purposes; to provide for the establishment of districts or zones for such regulation, location and use; to provide for county planning and the regulation of subdivision of land; to provide for a commission or board and grant of power to carry into effect such regulations and provisions; to provide for designation of such commission or board as the official commission or board for municipalities in said county; to provide remedies for the enforcement 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 Liberty County, in addition to all other powers delegated to them are hereby empowered to

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regulate and restrict the height, number of stories, and size of buildings and other structures, the percentage of lot that 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, and the use, conditions of use, or occupancy of land for trade, industry, residence, recreation, transportation, agriculture, soil and water conservation, forestry, flood control or other purposes; to provide for county planning; to provide for the regulation of subdivision of land; and to establish setback lines for buildings and structures along the streets and roads. Building regulations and zoning. Section 2. Districts. Be it further enacted by the authority aforesaid That the Commissioners of Roads and Revenue of Liberty County are hereby given power and authority to divide the unincorporated portions of the county into districts of such number, shape and area as may be deemed best suited to carry out the purpose of this act; and within such districts they may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings and structures, and the use, conditions of use, or occupancy of land; and in that case may adopt an official zoning ordinance, including a map or maps, indicating the districts, but the regulations in one district may differ from those in other districts. Districts. Section 3. 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 purposes, among others, of lessening congestion in the roads and streets; protecting the development of both urban and non-urban areas; securing safety from fire, flood, erosion, and other dangers; providing adequate light and air; promoting the health and general welfare, encouraging such distribution of population and such classification of land uses and distribution of land development and utilization as will tend to facilitate economic and adequate provisions

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for transportation, roads, airports, water supply, drainage, sanitation, education, recreation or other public requirements; conserving and developing the natural resources; fostering the State's agricultural and other industries; protecting the food supply. Such regulations shall be made with reasonable consideration, among others, to the character of the districts and their peculiar suitability for particular uses, and to the minimum and maximum amounts of land required for particular uses, and with a general view to promoting desirable living conditions and the sustained stability of neighborhoods, protecting property against blight and depreciation, securing economy in governmental expenditures, and encouraging the most appropriate use of land in the county. Purposes. Section 4. Planning Board. Be it further enacted by the authority aforesaid That in order to avail themselves of the powers conferred by the Act, the Commissioners of Roads and Revenue of Liberty County are hereby given the power and authority on petition of not less than one hundred (100) Liberty County tax payers to appoint a board of five or seven members known as the County Planning Board. Organization of planning board. Any 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 office. The terms of ex-officio members shall correspond to their tenures in office. The term of each appointed member shall be four years, except that the respective terms of three of the members first appointed shall be one, two and three years. If the said Commissioners of Roads and Revenue so desire, they may, instead of, or in addition to, appointing a planning board for Liberty County form a regional planning board in conjunction with the governing authorities of another county or counties and thereupon may delegate to

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such regional planning board any or all of the powers and duties which under the terms of this act are conferred on the County Planning Board. The Commissioners of Roads and Revenue may provide for reimbursement of the members of the planning board for actual expenses incurred and shall provide for the filling of vacancies in the membership of such board, for the removal of any members for cause, on written charges, after a public hearing. Section 5. 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 obligation incurred by said County Planning Board without the consent and approval of said Commissioners. Personnel. The State Planning Board and all other State Agencies, Departments and officials 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 6. 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 between counties.

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Section 7. Designation of County Planning Board as Official Municipal Planning Board. The Council or other chief legislative body of any municipality located in whole or in part within the limits of Liberty County may designate such County Planning Board as the official planning board of said municipality and in the event of such designation and acceptance thereof by the County Planning Board and the Commissioners of Roads and Revenue of Liberty County, the County Planning Board shall have all the powers and duties provided by law for the municipal planning board in said municipality or municipalities; and in the event no legislation has been enacted for the establishing of a planning board and defining its powers in any municipality, the powers and duties outlined in the Liberty County Act shall be of force. Planning board as official municipal planning board. Section 8. Preparation of Zoning Plan. Be it further enacted by the authority aforesaid That the County Planning Board shall make for certification to the Commissioners of Roads and Revenue a zoning plan, or plans, including both the full text to 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, 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 a board shall have reached the state of the tenative plans, the board shall hold at least one public hearing on each tenative plan separately submitted, notice of which hearing shall be given by publishing notice thereof in the official gazette of the county at least two

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weeks before the date of the hearing. The notice shall contain the time and place of hearing, and shall specify the time and place at which the tenative texts 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 the development at such hearing or hearings make changes in its tenative plan no further hearing shall be required. Public hearing. Section 9. Method of Procedure. Be it further enacted by the authority aforesaid That after receiving the certification of a zoning 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 which notice once a week, for at least two weeks in advance, shall be given in the official gazette of the County. Such notice shall state the place at which the text and maps as certified by the Planning Board may be examined. No change in or departure from the text or maps, as certified by the Planning Board, shall be made unless such change or departure shall first be submitted to the Planning Board for its approval or disapproval or suggestions. The Planning Board shall have thirty days from and after such submission within which to send its report to the Commissioners of Roads and Revenue; provided however, that no approval, disapproval or suggestion of the Planning Board shall have more than advisory effect or shall in any wise bind the Commissioners of Roads and Revenue. Hearing before ordinance passed. Section 10. 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

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shall be made or become effective until the same shall have been proposed by or be first submitted for approval, disapproval or suggestion 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 Revenues, 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 Revenues 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 two weeks notice of the time and place of which shall be given by at least two weekly publications in the official gazette of the county. Methods of changing zoning districts. Section 11. Board of Adjustment. Be it further enacted by the authority aforesaid, That the Commissioners of Roads and Revenue of Liberty County shall provide for a Board of Adjustment of three or five members and for the manner of appointment thereof. Adjustment board. The said Commissioners of Roads and Revenue shall fix the terms of the members of such board, which term shall be of sufficient length and so arranged that the term of not more than one member shall expire each year. The said Commissioners may remove any member for cause on written charges after a public hearing. Any vacancy shall be filled by the Commissioners for the unexpired term. The Commissioners of Roads and Revenue may appoint associate members of such board and in the event that any member be temporarily unable to act, due to absence from the County, illness, interest in a case before the board, or any other cause, his place may be taken during such temporary absence or disability by any associate member designated for the member. Terms of members.

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The Commissioners of Roads and Revenue of the County may specify and provide general rules to govern the organization, procedure and jurisdiction of such Board of Adjustment, which rules shall not be inconsistent with the provisions of 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. Rules governing adjustment board. Appeals to the Board of adjustment may be taken by any officer, department, board or bureau of the County of Liberty 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 Adjustment 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 Adjustment all documents pertinent to the decision appealed from. The filings 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 Adjustment. After such decisions, proceedings in conformity herewith shall not be further stayed except as hereinafter provided. Method of appeal.

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The Board of Adjustment 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 attorney at law. The Board of Adjustment shall, subject to such appropriate conditions and safeguards as may be established by the Commissioners of Roads and Revenue, having the following powers; Hearings. 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 as will not be contrary to the public interest, where, owing to special conditions fully demonstrated on the basis of the facts presented, literal enforcement of the provisions of the ordinance or regulation will result in great practical difficulties or unnecessary hardship, and so that the spirit of the ordinance or regulation shall be observed and substantial justice done. In exercising the above mentioned powers such Board may, in conformity with the provisions of this Act, reverse or affirm, wholly or partly or may modify the order, requirement, decision or determination appealed from and may take such order, requirement, decision and determination as ought to be made, and to that end shall have all the powers of the officer or agency from whom the appeal is taken. A majority of the Board of Adjustment 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

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in any decision of the Board of Adjustment, or any officer, board or bureau of the said County, may appeal from any decision of the said Board of Adjustment to the Superior Court in and for said County by filing with the Clerk of the said Court a petition in writing setting forth plainly, fully and distinctly wherein such decision is contrary to law. Such appeal will be filed within thirty days after the decision of the Board of Adjustment 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 Adjustment, and within thirty days from the time of such notice the Board of Adjustment shall cause to be filed with the said Clerk a duly certified copy of the proceedings had before the said Board of Adjustment, including a transcript of the evidence heard before it, if any, and the decision of the said Board. Notice to board of adjustment. 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 Adjustment 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 Adjustment is correct as a matter of law. Appeal to be heard. 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 Adjustment shall not ipso facto act as a supersedeas but the judge of the Superior

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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 Adjustment should be reversed by the Superior Court the said Board of Adjustment shall be cast with the costs and the same shall be paid by the County of Liberty. Costs. Section 12. Joint Board of Adjustment. Be it further enacted by the authority aforesaid That in lieu of a separate Board of Adjustment for Liberty County, it may join with one or more counties having similar zoning and planning authority in the establishment of a joint Board of Adjustment of five members having all of the jurisdiction, powers and incidence of the Boards of Adjustment for the several respective counties. Such joint Board of Adjustment 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 Adjustment shall lie in the Superior Court of the County in which the particular question arose. The several counties shall have the authority to defray the proper expense of such joint Board of Adjustment and apportion such expense among the participating counties. Joint board of adjustment. The council or other chief legislative body of any municipality located in whole or in part within the limits of Liberty County that has designated the County Planning Board as the official municipal planning board, may designate the County Board of Adjustment as the official municipal Board of Adjustment of said municipality, and in the event of such designation and acceptance thereof by the County Planning Board and the Commissioners of Roads and Revenue of Liberty County, the County Board of Adjustment shall have all of the powers and duties as provided by law for the municipal board of adjustment; and in the event there is no legislation for a municipal board of adjustment

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the power and authority granted the County Board of Adjustment shall obtain. 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 or amendment, and such use may be extended throughout the same building provided no structural alteration of such building is proposed or made for the purpose of such extension. The Commissioners of Roads and Revenue may provide in any zoning ordinance for the restoration, reconstruction, extension or substitution of non-conforming uses upon such terms and conditions 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 cease, or by providing a formula or formulae whereby the compulsory termination of nonconforming 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. Planning. Be it further enacted by the authority aforesaid, That the said Planning Board shall study the resources, possibilities and needs of the county and shall prepare a master plan and maps for the systematic future development 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 15. Subdivision Control. Be it further enacted by the authorities aforesaid, That before any street or road

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is opened or extended or before any new subdivision for residence, business or industrial use is made, the person or persons proposing to open or extend such streets or roads or such new subdivision, shall submit a detailed plan of same, with other necessary data to the Planning Board. The Planning Board shall adopt regulations governing the subdivision of land and the preparation of maps and plats and the filing for record of same for all lands within its jurisdiction. The adoption of such regulations shall follow the method of procedure covered in Section 9. 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 of laying of water mains and sewer lines, and then transmit such applications, with all plans and data, to the Commissioners of Roads and Revenue with its recommendations thereon in writing. The jurisdiction of such Planning Board and the said Commissioners of Roads and Revenue, shall for the purpose of this Act, extend to and include all of the land within the jurisdiction generally of said Commissioners. Before any such streets, alleys and roads or subdivisions shall be laid out as aforesaid, they shall be required to have the approval of the said Commissioners of Roads and Revenue in accordance herewith. Regulation of subdivisions. From and after the adoption of rules and regulations governing the subdivision of lands and the preparation of maps and plats in Liberty County, no map or plat shall be filed for record by the County Recorder or other officer designated to accomplish this duty, unless said map or plat complies with all the provisions of said rules and regulations and bears the proper approval of the County Planning Board and the Commissioners of Roads and Revenue. The approval of the Planning Board and the Commissioners

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of Roads and Revenue of such plan shall be deemed an acceptance of the dedication shown thereon, but shall not impose any duty on the county concerning maintenance or improvement. Section 16. Violations: Enforcement and Remedies. 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; 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 17. Punishment of Contempt. Be it further enacted by the authority aforesaid, That in case of contempt

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of any party, witness or other person before either the Planning Board or the Board of Adjustment, 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. Section 18. 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 monies, otherwise unappropriated, as they may deem fit to finance the work of the County Planning Board and the Board of Adjustment 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. Finances. Section 19. 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 validity shall not effect any other portion or provisions of this Act. Legality. Section 20. 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. Conflict of laws. Approved March 27, 1941.

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LIBERTYU. S. COAST AND GEODETIC SURVEY ADOPTED. No. 400. An Act To describe, define and officially name a system of coordinates for designating the positions of points on the surface of the earth within Liberty 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 Liberty County. Geodetic survey adopted. 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 Liberty 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;

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The Georgia Coordinate System, East Zone, is a transverse Mercator projection of the Clarke Spheriod 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 10 minutes west longitude and the parallel 30 minutes north latitude. This origin is given the coordinates: Definition. x 500,000 feet and 7 0 feet. The position of the Georgia Coordinate System, East Zone, shall be as marked on the ground by triangulation of 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. Section 4. For the purpose of describing the location of any survey station or land boundary corner in Liberty 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 Planning Board or Commissioners of Roads and Revenues of Liberty County 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. Rules for surveys. 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. Limitations. Section 7. Nothing contained in this Act shall be interpreted

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as requiring any purchaser or mortgagee to rely wholly on a description based upon the aforementioned system. Section 8. This Act is to take effect upon the date it is passed. Effective date. Section 9. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 27, 1941. LINCOLN TREASURER'S SALARY INCREASED. No. 186. An Act To amend an Act approved August 19, 1916, to provide as compensation for the Treasurer of Lincoln County a salary of $200 per year, instead of commissions heretofore allowed by law, by striking from line three of Section 1 of said Act rthe figures 1917, and inserting in lieu thereof the figures 1941; and by striking from line five of said Section 1 of said Act the word two and inserting in lieu thereof the word three so that said section when so amended shall provide a salary of $300 per year for said Treasurer beginning January 1, 1941; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, Section 1 of the Act approved August 19, 1916, entitled An Act to provide as compensation for the Treasurer of Lincoln County a salary of $200 per year, instead of commissions heretofore allowed by law, and for other purposes, shall be amended by striking from line three of Section 1 of said Act the figures 1917, and inserting in lieu thereof the figures 1941; and by striking from line five of said Section 1 of said Act the word two and inserting in lieu

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thereof the word three so that said Section of said Act when so amended shall read as follows: Act of 1916 amended. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the first day of January, 1941, the Treasurer of Lincoln County shall receive as sole compensation for his services a salary of three hundred dollars per year to be paid out of the general funds of said county. Treasurer's salary. Section 2. Be it further enacted by authority of the same, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 12, 1941. LONG COUNTY ATTORNEY. No. 458. An Act To amend an Act creating the Board of Commissioners of Roads and Revenue of Long County, Georgia, approved August 10, 1921, as contained in the published Acts of the General Assembly of 1921, pages 525-534, by providing for a county attorney to act for said county in an advisory capacity, fixing compensation for services of said attorney, his appointment; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. That from and after the passage of this Act, commencing as of the first Tuesday after its passage, the office of county attorney be and the same is hereby established and created. County attorney's office established. Section 2. That said county attorney shall serve said county commissioners in the same manner and capacity as

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the county attorney now serves and acts for said Board of Commissioners of Roads and Revenue. Section 3. That said county attorney shall primarily serve and act in behalf of said Board of Commissioners in an advisory capacity in the administration of the affairs of said county. Section 4. That said county commissioners are by the provisions of this Act prohibited from making any further contracts affecting the affairs of said county, or contracts for the purchase of any supplies for use of said county, or incur any indebtedness against said county, or expend any of the funds of said county, or issue any warrants against said county, without having first submitted the aforesaid transactions to said county attorney for his consideration and written approval. County transactions must have attorney's approval. Section 5. That the Honorable M. Price be and he is hereby named, designated and appointed as the county attorney for Long County, as provided for in this Act, to serve for a period of time co-terminus with the terms of office of the present members of the Board of Commissioners of Roads and Revenue of said County of Long. County attorney named. Section 6. That at the expiration of the term of office of the county attorney herein appointed under the provision of this Act, or vacancy by the resignation or death of said attorney, his successor to the office of county attorney shall be appointed by the Judge of the Superior Court of the Atlantic Judicial Circuit of Georgia. Vacancy, how filled. Section 7. That the County Attorney provided for in this Act shall receive a salary of $35.00 per month compensation for his general services as such county attorney and his services to be performed in an advisory capacity as provided for in this Act; said amount to be paid by the Board of Commissioners of Roads and Revenue of Long County out of the public funds of said county. Compensation.

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Section 8. That all laws and parts of laws in conflict herewith be, and the same are hereby, repealed. Approved March 27, 1941. MADISON COUNTY SHERIFF'S BOND REDUCED. No. 89. An Act To change the amount of the Sheriff's bond of Madison County, Georgia, from Ten Thousand, $10,000 dollars to Three Thousand $3,000 Dollars, and to provide when said bond shall become effective, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of same, Section 1. That on and after the passage of this Act the bond to be given by the Sheriff of Madison County, Georgia, to enable him to qualify shall be the sum of Three Thousand $3,000 Dollars, instead of Ten Thousand, $10,000 Dollars, as required by Code of 1933, Section 24-2805, Code of Georgia. Bond reduced to $3,000. Section 2. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that this law is to become effective immediately upon its passage and approval by the Governor of Georgia. Effective date. Section 3. Be it further enacted by the General Assembly of Georgia, that all laws and parts of laws in conflict with this Act are hereby repealed. Approved February 26, 1941.

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MADISON TAX COMMISSIONERCOMPENSATION. No. 417. An Act To amend an Act abolishing the office of tax-receiver and tax collector of Madison County, Georgia, to create the office of County Tax Commissioner of Madison County, Georgia, to fix the term and compensation of said officer, to provide that the laws of force as to tax receiver and tax collector when the provisions of this Act become effective, shall be of full force and effect as to such County Tax Commissioner, etc., Section five (5) of the Act to be amended, Georgia Laws, 1937, page 623, so as to provide that the compensation of said County Tax Commissioner of Madison County, Georgia, shall be a sum equal to seventy (70%) instead of fifty (50%) therein provided, per cent of the fees, commissions and other compensation so collected, and turned into the County treasurer as provided in section 5 and it is so amended to provide that the said Tax Commissioner shall have the right to retain 70% of the fees, commissions and other compensation so collected, as comperisation due to him, and pay the remaining 30% to the Commissioner of Roads and Revenues of Madison County, or other officer having charge of said county treasury, when and as paid into said treasury by said County Tax Commissioner, and in addition to such compensation said Tax Commissioner shall be entitled to all costs and fees now allowed to tax collectors for issuing tax fi. fas. 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 five, (5) of the Act, approved August 15, 1927, appearing on pages, 625, of Georgia Laws, 1927, be and the same is

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hereby amended, as follows: By striking from line four in Section 5 of said Act, the word, and figures, fifty (50%) and inserting in lieu thereof, the word and figures, seventy, (70%) and providing also therein that the Tax Commissioner shall have the right to retain in his hands his compensation of seventy (70%) of the fees, commissions, and other compensation as collected and turned into the county treasury, and account for the balance of said fees, commissions, and other compensation to the Commissioner of Roads and Revenues, of Madison County, or other officer having charge of said county treasury, and that in addition to such compensation as so amended, the said Tax Commissioner shall be entitled to all costs and fees now allowed to tax collectors for issuing tax fi. fas. Act of 1927 amended. Compensation. 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 27, 1941. MARION COMMISSIONERSAMENDMENT REPEALED. No. 80. An Act To repeal an Act entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues of Marion County; to define the members of the Board who shall hold office after this Act; and for other purposes, approved February 4th, 1939, Georgia Laws 1939, pages 656-659, and all Acts amendatory thereto. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, that from and after the passage of this Act, the Act approved February 4th, 1939, Georgia Laws 1939, pages

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656-659 and all Acts amendatory thereof, be and the same is repealed. Act of 1939 repealed. Section 2. All laws and parts of laws in conflict with Act be and the same are hereby repealed. Approved February 24, 1941. MARION COMMISSIONER'S OFFICE CREATED. No. 81. An Act To create the Office of Commissioner of Roads and Revenues of the County of Marion; to provide for his election or appointment; to provide the term of office of the Commissioner so elected or appointed; to define certain qualifications of said Commissioner; to define the duties of said Commissioner, and to provide for the proper supervision of his acts and the auditing of his books and records; to specify the compensation of such Commissioner, and how it may be levied, and when paid; and generally to provide for the management of the affairs of said County; to employ a clerk for said Commissioner, and the services of an attorney when needed, 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 the date this Act becomes effective, the county affairs of Marion County, Georgia, shall be administered by a Commissioner of Roads and Revenues, and for that purpose the office of Commissioner of Roads and Revenues is hereby created, and, for the purpose of expediting the carrying into effect this Act, Hon. T. B. Rainey is hereby named and appointed as Commissioner of Roads and Revenues of Marion County, Georgia, from the date this act becomes effective until December 31, 1944, or until his successor is elected and qualified. That at the general State

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election to be held in said County in 1944 the qualified voters thereof shall elect a Commissioner of Roads and Revenues for a term of four years to begin January 1st, 1945. His successor shall be elected at the general State election every four years thereafter. Commissioner's office created. Section 2. Be it further enacted by authority of the aforesaid, that in order to be eligible to hold the office of said Commissioner, one must have attained the age of 30 years, must have resided in said County for four years next preceding the term for which he is elected, must be of good moral character, and must have had some practical business experience, and at least a general knowledge of book-keeping. Qualifications of commissioner. Section 3. 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 Marion County, and the one receiving the majority of votes cast in said election shall be commissioned by the Governor of the State of Georgia; however, if no candidate receives said majority, it shall be the duty of the Ordinary of Marion County to provide for an election not later than ten days after the aforesaid general State elections, for a special election to name a Commissioner of Roads and Revenues. Election. Section 4. Be it further enacted by the authority aforesaid, that the only eligible candidates for said special election, as outlined in section 3 of this Act, shall be the two candidates receiving the highest votes, and after said special election has been held it shall be the duty of Ordinary of Marion County to call the managers of said election together in his office the day following said special election, for a consolidation of the votes, which shall be compiled as provided for in general State elections, and the candidate receiving the highest number of votes cast shall be declared

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the Commissioner of Roads and Revenues of Marion County, Georgia, and shall be so commissioned by the Governor of the State of Georgia. Qualifications of candidates in special election. Section 5. Be it further enacted by the authority aforesaid, that all expenses incurred in special elections, as outlined in sections 3 and 4 of this Act, shall be borne by said Marion County and paid from the treasury or depository of said county, and such managers and clerks as the Ordinary may employ to execute the duties of holding said elections shall be paid the same per diem as is fixed by law in holding general State elections. Expense of election. Section 6. 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, approved by the Ordinary of said County, in the sum of one thousand dollars, payable to Ordinary of said county and his successors in office, and conditioned for the faithful discharge by said Commissioner of his duties and the carrying out the conditions thereof, which said bond may be sued upon in the name of said Ordinary, either on his own motion or by direction of the grand jury of said county; and the said Commissioner and his sureties shall be liable on said bond for any breach thereof by way of malfeasance or misfearance in office, as well as for neglect or nonfeasance. Should said Commissioner give a suretyship bond, he is hereby authorized to pay the annual premiums due on such bonds out of the public funds of said County. Bond to be given. Section 7. 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 Marion. Oath.

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Section 8. Said Commissioner shall be required to give so much time as may be necessary to the business and interest of said County of Marion in the performance and discharge of his duties, and shall receive as compensation for his time twelve hundred dollars ($1200.00) per annum, $100 to be paid at the end of each Calendar month. Compensation. Section 9. Said Commissioner shall have and maintain an office at the court-house of said county, provided there is room in said court-house, otherwise at some convenient place in Buena Vista near the court-house, for the transaction of business, Said Commissioner shall name one regular day in each week in which he shall remain in his office, but the duties of said office may be performed on any day, Sundays and holidays excepted. Office provided. Section 10. Be it further enacted by the authority aforesaid, that the said Commissioner of Roads and Revenues shall have, and he is 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, collection, or disbursement of money belonging to the county, or appropriating for its use or benefit, and bringing them to settlement; and especially is he charged with frequently examining and auditing the books of all officers through whose hands any county funds must pass; he may require from all such officers, subject to an examination such reports, as may be necessary to keep such Commissioner,

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fully informed at all times, of the financial condition of the county; in controlling, caring for and managing the convicts of the county, according to law; in making rules, regulations and provisions for the support of the 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 Commissioner shall have the authority to employ a competent attorney at law, resident of the county, as county attorney to advise the Commissioner and represent the county in such matters as the Commissioner may direct, who shall be paid such a salary or compensation as the Commissioner may direct, out of the regular funds of the county, with authority of said Commissioner to fix his term of office or to discharge him at any time. Such Commissioner shall have authority to employ a competent clerk, resident of said county, should one be needed, fix his salary, to be paid out of the regular funds of the county, and shall prescribe his duties, and may, with or without cause, discharge such clerk at any time. Said Commissioner 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

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the State, and shall so employ them according to law, and under such plans of working, building, repairing, and maintaining the public roads, bridges and works of said county as may now or hereafter be adopted or enforced by law in said county. The said Commissioner shall also have the right and authority to discontinue the chain-gang, and, to let the misdemeanor convicts sentenced in the lower courts to other counties under such ttrms and conditions as may be fixed by the said Commissioner and approved by the Prison Commission of Georgia, and shall also have the right to reassign to some other Georgia County, Marion County's felony convicts under the sanction and rules of said Prison Commission of Georgia. Jurisdiction of commissioner. Section 11. Said Commissioner shall be in charge of the court-house of said county, and may designate rooms and offices for the different officers occupying the same, and shall furnish at the expense of the county the necessary office furniture, equipment, books, stationery, etc., for his office, as well as all other offices of the county officers of said county, at the county expense. No funds of said county shall be paid out except on vouchers, warrants, checks or drafts duly signed by the Commissioner and on bills approved and allowed by the Commissioner, and which bills have been entered in the minutes required to be kept by the Commissioner. Section 12. All purchases of and for said County of Marion or its several departments, or for its several officers, and all contracts for such purchases, as well as any other contracts purporting to bind said county, shall be made by said Commissioner, and no purchase or contracts whatsoever made by any other person, officer or employee of said county shall be binding on said county of Marion, but the same shall be null and void. Purchases to be made by commissioner. Section 13. Be it further enacted that said Commissioner shall be and is authorized to employ and fix the compensation

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of wardens, guards, superintendents of roads, and such other employees as may be necessary for the proper building, maintaining, and repairing roads and bridges; for operating the county chain-gang; or any other matters within the jurisdiction of said Commissioner. All persons employed by said Commissioner in the administration of the affairs of said county shall be subject to be discharged or dismissed by said Commissioner whenever such Commissioner shall find that it is to the interest of said county for such employees to be discharged or dismissed, with or without notice. All contracts of employment outstanding at the time this act becomes effective shall be subject to cancellation, either with or without notice; and other contracts for services or supplies and materials which are not performed and which are subject to cancellation may be cancelled by the Commissioner, and in the event of such cancellation neither the Commissioner nor the county shall be responsible to the other contracting party for damages. Wardens and other employees. Section 14. Be it further enacted that said Commissioner shall keep minutes of all of his acts and proceedings, and shall keep or have kept a system of books according to modern methods, in which shall be properly entered all the receipts, purchases, expenses, and disbursements of said Commissioner, properly itemized and dated, and also showing the amount of all unpaid vouchers notes, drafts, checks, and obligations that have been made or issued by said Commissioner, and also showing the true financial condition of the county. 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. Said statement shall be published in the official organ of the county provided the Commissioner can arrange for its publication

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at a satisfactory price, not to exceed in any event one dollar per hundred words. If the Commissioner cannot obtain the publication of said account or statement at a satisfactory price by the official paper 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. Records to be kept. Section 15. Be it further enacted by the authority aforesaid, that the Commissioner shall have the books and accounts of all officers of said County of Marion, except school officials, who in any way handle any of the public funds of said county, audited by a certified public accountant of this State immediately after it takes charge of the affairs of said county to cover such period as he deems advisable, and every year thereafter. Said audit shall be filed in the office of said Commissioner 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. Section 16. Be it further enacted by the authority aforesaid that said Commissioner 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. Section 17. Be it further enacted by the authority aforesaid, that said Commissioner shall make no contract for service or for the purchase of any article or material whatsoever with any person who is related to him within the third degree of consanguinity or affinity, and wherever practical, all purchases of equipment, material and supplies shall be purchased by competitve bids. Contracts may not be made with relatives.

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Section 18. Be it further enacted by the authority aforesaid, that the said Commissioner of Roads and Revenues is hereby given the right and authority to exercise the power of eminent domain by taking private property, located within Marion County for public purposes, whenever needed. Said right and power shall be exercised as provided in the Code of 1933. Eminent domain. Section 19. Be it further enacted by the authority aforesaid, that at the Commissioner's meetings he 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. Clothed with power of court. Section 20. Be it further enacted by the authority aforesaid, that it shall be the duty of said Commissioner, in all roads and bridge work done in said county, to keep always in view what will be to the greater good of the greatest number, and this policy shall be uniformly observed by said Commissioner. Benefit of majority to be kept in view. Section 21. Be it further enacted by the authority aforesaid, that it shall be the duty of said Commissioner to have the main streets and thoroughfares of the incorporated cities and towns of said county, which are continuous or extensions of public roads leading into or from said cities or towns, worked and kept in repair in the same manner as the public roads of said county are worked and maintained outside of said cities or towns of said county. Road and street repairs. Section 22. 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 a vacancy.

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All rules and regulations governing such special election for such vacancy as caused in this section shall be as those employed by law in other vacancies of county offices of said county. Vacancy, how filled. Section 23. 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 24. 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 unconstitutionality of any other section, provision, clause, or part of this Act which is not in and of itself unconstitutional or invalid, and the remaining portions of this Act shall be enforced without regard to the section, provision, clause or part so held to be invalid. Constitutionality. Section 25. Be it further enacted 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, 1941. McINTOSH COUNTYFISHING. No. 316. An Act To amend an Act approved August 20th, 1927, (Georgia laws 1927, pp. 626-627), entitled An Act to permit the taking of catfish, and prescribe the manner and method of taking the same, from the waters of McIntosh County, Georgia, to provide a penalty for violation; and for other purposes, by changing the restriction in Section 1 as to certain territorial water limits in said county; and for other purposes. Be it enacted by the General Assembly of the State of Georgia:

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Section 1. That the Act approved August 20th, 1927, entitled An Act to permit the taking of catfish from the waters of McIntosh County, etc., and for other purposes, be and the same is hereby amended as follows: By striking in its entirety Section 1 of said Act, which Section relates to the exact waters and the manner in which the catfish may be taken, and enacting in lieu thereof a new Section 1 to read as follows: Act of 1927 amended. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act it shall be law-ful for any person legally entitled to fish, to take catfish from the salt or fresh waters of McIntosh County, Georgia, which are affected by the tides, by the use of and by means of fish-traps or fish-baskets, provided that such traps or baskets are set only where catfish are commonly known to run, and not set in any still water or eddy place. Traps, where may be set. Section 2. All laws or parts of laws in conflict with this Act be and they are hereby repealed. Repealing clause. Approved March 27, 1941. McINTOSH LIVE STOCK DEALERS ACT REPEALED. No. 381. An Act to repeal an act approved August 15, 1929, (Georgia Laws 1929 pages 667-673), relating to Live Stock Dealers in McIntosh County, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. That an act approved August 15, 1929, appearing on pages 667-673, Georgia Laws, 1929, relating to

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Live Stock Dealers in McIntosh County, and for other purposes, be and the same is hereby repealed in its entirety. Act of 1929 repealed. Section 2. All laws and parts of laws in conflict with this act be and the same are hereby repealed. Approved March 27, 1941. MUSCOGEE DEPARTMENT OF PUBLIC HEALTH. No. 343. An Act To combine the Department of Health of the City of Columbus with the Department of Health of Muscogee County, and said combined departments to be known as `Muscogee County Department of Public Health,' to be administered by a governing body to be known as `County Board of Health,' whose jurisdiction shall extend throughout Muscogee County, including the City of Columbus, and other incorporated areas; to provide for a Commissioner of Health, and assistant personnel; and for other purposes. Section 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, there is hereby created for the City of Columbus and the County of Muscogee a Department of Health to be known as the Muscogee County Department of Public Health, to be composed of (1) a County Board of Health, and (2) a Commissioner of Health. Department of Public Health. Section 2. The membership of the County Board of Health shall be Seven, composed as follows: The Chairman of the Board of Commissioners of Roads and Revenues of Muscogee County; the City Manager of the City of Columbus, Georgia, and five residents of Muscogee

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County, irrespective of whether residing within or without any incorporated area, who shall be elected by the City Commissioners of the City of Columbus, Georgia, and the Commissioners of Roads and Revenues of Muscogee County, Georgia, in joint session for such purpose, at such times and for such terms as hereinafter provided, and of such members of said County Board of Health, two shall at all times be licensed and practicing physicians. Membership. Election. Two physicians. Section 3. The said five members shall be elected for terms of five years each from the first Monday in January of each year next following the date of their respective elections, and each of said five members shall serve for the full term of five years and until their successors shall have been duly elected and qualified; provided, that at the first election hereunder the five persons elected, two of whom being physicians, shall hold office for the respective terms of one, two, three, four and five years, said respective terms to be determined by lot among themselves. Terms. Staggered terms. Section 4. The first election and organization of said County Board of Health and Muscogee County Department of Public Health shall be held after thirty days next following the passage and approval of this Act, at a joint session of said City and County Commissioners called for said purpose by the Chairman of the Board of Commissioners of Roads and Revenues, and in computing the terms of office of the members elected, the remainder of the year 1941 shall be computed as one full year, and thereafter an election for membership on said Board of Health shall be had by a joint session of said City and County Commissioners on the first Thursday in December of each year. Election, when held. Time, computation of. Section 5. In case of a vacancy on the County Board of Health other than the City Manager of the City of Columbus or the Chairman of the Board of Commissioners of Roads and Revenues of Muscogee County, said vacancy

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shall be filled in the same manner and by the same method as above set forth for the election of such member or members by an election called for such purpose within thirty days next after the occurrence of such vacancy and for the unexpired term of the member causing such vacancy. Vacancies. Section 6. Within thirty days after the election herein provided for membership to said County Board of Health by the Commissioners of the City of Columbus and the Commissioners of Roads and Revenues of Muscogee County, the said Board of Health, as constituted by this Act shall, upon call by the Chairman of the Board of Commissioners of Roads and Revenues, meet and organize by electing from its membership a Chairman, who shall serve for a period of two years ending the first Monday in January, 1943, and until his successor is elected, and thereafter a Chairman shall serve for a term of two years and shall be elected by the County Board of Health at its regular December meeting in 1942 and every two years thereafter. In the event of vacancy in the office of Chairman, the County Board of Health shall, in the same manner, at its next regular meeting, elect a Chairman for the unexpired term. Meeting and organization. Chairman. Chairman, vacancy in office of. Section 7. As soon as possible after the first meeting for the purpose of organization, the County Board of Health shall also elect a Commissioner of Health for a period ending the first Monday in January, 1945, and at the December 1944 meeting of the County Board of Health, and every four years thereafter, the Commissioner of Health shall be elected for a term of four years. A vacancy in the office of Commissioner of Health shall be filled by election for the unexpired term by the County Board of Health as soon as a properly qualified and acceptable person can be secured. Commissioner of Health, election and term of. Vacancy. Section 8. The Commissioner of Health shall be a graduate of a recognized Grade A Medical School, and eligible for license to practice medicine and surgery in this State,

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who has practiced his profession for three years, and who, by training and experience, meets the qualifications recommended by the Conference of State and Territorial Health Officers and approved by the United States Public Health Service. The Commissioner of Health shall devote his full and undivided time to the duties of his office and shall not engage in the private practice of medicine, surgery or the allied professions, and shall follow no other occupation or pursuit during his term of office. The compensation of the Commissioner of Health shall be fixed by the County Board of Health annually and in advance. The Commissioner of Health shall give bond in the sum of $1,000.00 for the proper discharge of the duties of his office and for the accounting of such funds and property as may be entrusted to him, payable to The City of Columbus and Muscogee County. The Commissioner of Health shall, with the approval of the County Board of Health, employ such assistant health officers, public health engineers, nurses, and other assistants as he and the County Board of Health may deem necessary and proper to carry on the functions and purposes of the Muscogee County Department of Public Health, and with the approval of the County Board of Health may discharge such personnel for proper cause. All professional and technical personnel shall have such qualifications as are recommended by the Conference of State and Territorial Health Officers, and approved by the United States Public Health Service. The County Board of Health shall have authority to fix salaries of all such personnel, and change the same at will, provided at all times the budget hereinafter provided is never exceeded in any particular. Commissioner, qualifications. Duties. Compensation. Bond. Assistants. Compensation. Section 9. The County Board of Health shall meet monthly on a date to be fixed by the Board. The secretary shall prepare and preserve minutes of all meetings of the Board, whether regular or called. At least one meeting shall be held in each calendar month and special or called

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meeting may be had at any time upon the call of the Chairman of the County Board of Health, upon the call of the Commissioner of Health or upon a call of the majority of the members of the County Board of Health. A quorum for the transaction of business shall exist when five members of the County Board of Health are present. Copies of all minutes of all meetings of the County Board of Health shall be filed in the office of the secretary of the County Board of Health, in the office of the City Manager of the City of Columbus, and in the office of the clerk of the Board of Commissioners of Roads and Revenues of Muscogee County. The members of the County Board of Health, as such, shall receive no salary and shall serve without compensation. Meetings. Quorum. Minutes. Section 10. The Muscogee County Department of Public Health, created by this Act, shall have all of the powers relating to the public health now vested in the Board of Health of Muscogee County and all the administrative powers vested in the governing authority of the City of Columbus, and every other City or town located within Muscogee County, and said Muscogee County Department of Public Health shall be charged with the protection and preservation of the public health throughout Muscogee County, including all incorporated areas, and shall be charged with the performance of all duties resting upon and relating to the protection and preservation of the public health now prescribed by law for and upon the health officer and health department of the City of Columbus, the Board of Health of Muscogee County, and the governing bodies of the City of Columbus, Muscogee County, and every other city or town located within Muscogee County, and such other duties as may be hereafter prescribed by law. Powers and duties. The County Board of Health shall have complete charge of and shall administer the operation of the Muscogee County Tuberculosis Hospital, and the Commissioner of

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Health shall be the administrative head of said hospital, and, with the approval of the County Board of Health, he shall employ such assistants, nurses and other employees necessary to carry on the functions and purposes of said hospital, at salaries fixed by the Commissioner of Health and approved by the County Board of Health, provided that the special budget hereinafter provided for the Muscogee County Tuberculosis Hospital, is never exceeded in any particular. The entire expense and cost of maintenance and operation of the Muscogee County Tuberculosis Hospital shall be borne by Muscogee County who shall approve a special budget therefor to be paid solely by funds of Muscogee County in addition to funds appropriated to the Muscogee County Department of Public Health, and all disbursement of funds for the Muscogee County Tuberculosis Hospital shall be made in the same manner as other disbursement of County funds. The Commissioner of Health shall draw no additional salary or compensation for services rendered in connection with the Muscogee County Tuberculosis Hospital. Tuberculosis hospital. Special budget. Maintenance, cost of. No additional compensation. Section 11. Nothing in this Act shall be construed as repealing any portion of the charter of the City of Columbus or of ordinances thereof relating directly or indirectly to the public health. The City, through the Commissioners of the City of Columbus, shall continue to have the power to enact, amend, enforce and repeal all ordinances relating to the public health within the corporate limits and the police jurisdiction of said City, as such corporate limits and police jurisdiction now exist, or may hereafter be extended. In case of apparent conflict between such ordinances enacted by the City and regulations of the County Board of Health, the said ordinances (until said ordinances and regulations are amended so as to conform to one another) shall prevail. In all ordinances of the City where powers are now or may hereafter be lodged in its health officer, or his assistants, the Commissioner of Health provided for by this Act, and

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his assistants, shall succeed to said powers without the necessity of amending said ordinances. City charter not repealed. Succession to powers. Section 12. The County Board of Health is authorized and required to hold regular monthly meetings and such special or called meetings as may be called in the manner herein provided. The County Board of Health shall advise with the Commissioner of Health and shall make annual reports to the City of Columbus, Muscogee County, the State Department of Public Health, and such Federal Public Health agencies as may be designated, on the condition of the public health in Muscogee County, Georgia, and the activities of the Muscogee County Department of Public Health. The said Board of Health shall, except as herein limited, also have full power and authority to make rules and regulations, to define nuisances injurious to the public health and the manner in which the same shall be abated, and likewise to declare by rule and regulation whatever may be deemed necessary for the preservation and protection of the public health and the prevention of the introduction and spread of infectious, contagious and venereal diseases. Such rules and regulations passed and adopted by the County Board of Health as created herein shall have the full force and effect of law in the same manner as rules and regulations of County Boards of Health are now given the full force and effect of law. Monthly meetings. Annual reports. Nuisances and abatement. Section 13. The County Board of Health shall have, except as herein limited, the authority, and is hereby given the same, to pass rules and regulations which shall apply only to areas and citizens within the incorporated limits of a city, and which shall not apply to areas and citizens living outside the limits of such City, and shall likewise have the authority to pass rules and regulations which shall apply only to areas and citizens residing outside of incorporated Cities, or to areas and to citizens within certain zones or limited areas of the County outside of Cities, which zones shall be well defined and notice of the existence of such

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zone published as other rules and regulations may be published. Rules and regulations, urban and suburban. Section 14. Any person who shall violate any rule or regulation promulgated by the Muscogee County Board of Health shall, upon conviction, be punished as for a misdemeanor, and the Judge of the City Court of Columbus shall have jurisdiction to try all persons charged with a violation of the rules and regulations of the County Board of Health, and in trying such violations the Judge of the City Court of Columbus shall act in the capacity of both judge and jury, save and except when the person so charged shall demand trial by a jury, in which event a trial by jury shall be had as for a misdemeanor as provided by the laws of Georgia. Rules and regulations, violation of. Section 15. The Commissioner of Health shall be under the direct control of the County Board of Health and shall be responsible only to said County Board of Health. He shall advise the County Board of Health as to health problems within Muscogee County and the solution and correction of the same. He shall have complete control over the administrative affairs of the Muscogee County Department of Public Health, he shall have full authority to organize such divisions of his department in such manner he considers best for the department and the community, subject to the approval of the County Board of Health. The Commissioner of Health shall be removed from office only after conviction by the County Board of Health at a public hearing upon written charges, sustained by proof, of inefficiency, incompetency, insubordination, dishonesty, failure to perform the duties of his office, or conduct unbecoming an officer, on which occasion the County Board of Health shall sit in the capacity of judge and jury and as such shall hear evidence under oath, and at such hearing five members of the Board of Health must vote for such removal in order to remove such Commissioner of Health. Control. Advisory capacity. Organization of department. Removal, hearing. Section 16. The necessary expenses of the Muscogee

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County Department of Public Health shall form a legitimate item of the administration of the government of the City of Columbus and the County of Muscogee. Expenses, payment of. At the regular December monthly meeting hereafter, the County Board of Health and the Commissioner of Health shall prepare a budget for the coming year, which shall be submitted to the Commission of the City of Columbus and to the Board of Commissioners of Roads and Revenues of Muscogee County, who shall look into and study the same, and the same shall, when approved by the Commission of the City of Columbus and the Board of Commissioners of Roads and Revenues of Muscogee County, Georgia, become the budget of the Muscogee County Department of Public Health for the ensuing year, and the amount of said budget shall be appropriated jointly, one half each by the City of Columbus and Muscogee County. Budget. Upon such approval, the City of Columbus shall appropriate and pay into a fund designated as the health fund a lump sum equal to one half of said budget, and Muscogee County shall likewise appropriate and pay into said fund a sum equal to one half of said budget; but such payments may, for convenience, be divided into smaller sums and paid periodically as needed during the year. Approval of, and appropriation. Section 17. The administration and disbursement of all funds of the Muscogee County Department of Public Health, all purchases, bookkeeping and accounting shall be in such manner as might be mutually agreed upon by the Commissioners of Roads and Revenues of Muscogee County and the Commissioners of the City of Columbus. Periodic financial statements shall be filed in the offices of the City Manager and Clerk to the Commissioners of Roads and Revenues. The budget fixed, as herein provided, shall never be exceeded. Purchases, bookkeeping, etc. Section 18. No part of said health fund shall be used to defray any part of the expenses of the Muscogee County

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Tuberculosis Hospital, the Muscogee County Alms House, or the City Hospital of the City of Columbus, and no part of said health fund shall be used to defray any part of the expenses of cleaning of streets, roads, and alleys, for the collection and disposal of garbage, for scavenger service, or for the abatement or removal of nuisances in or for the City of Columbus or any other incorporated town in Muscogee County, nor shall the facilities, personnel or equipment of the County Board of Health be used for such purposes. Fund, limitation on use. Section 19. Within six months after the organization of the Muscogee County Department of Public Health, the Commissioner of Health shall submit to the County Board of Health a Sanitary Code containing all of the rules and regulations of the County Board of Health deemed necessary for the proper preservation and protection of the public health and the proper sanitation of Muscogee County, which Code, when approved and adopted by the County Board of Health, shall be published in printed form and made available free of charge to any citizen of Muscogee County, and shall be published once in the newspaper in Muscogee County in which Sheriff's advertisements then appear. Such Sanitary Code shall be amended from time to time by the County Board of Health and revised once every three years. Sanitary code. Publication and distribution. Section 20. The County Board of Health shall cooperate with the Georgia State Board of Health and its officers to the fullest extent in accordance with the basic health laws of the State, and shall cooperate in all policies, plans and campaigns of the State Department of Health for the protection and preservation of the public health, the prevention of the spread of disease, quarantine, and the combatting of epidemics. The Health Commissioner shall advise with the State health authorities and shall coordinate his activities as far as possible so as to bring about a unification of purpose and effect in the interest of

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the public health. The Commissioner of Health shall set up in his office facilities for the recording, compilation and dissemination of vital statistics, and shall otherwise comply with the vital statistics Act of the State of Georgia. State Board of Health, co-operation with. Section 21. This Act shall be construed as being in aid of the provisions of Chapter 88-3 of the Code of Georgia of 1933, popularly known as the Ellis Health Law. In aid of code chapter 88-3. Section 22. Should any portion of Section of this Act be held unconstitutional, such finding shall not be held to invalidate the remainder of this Act. Constitutionality. Section 23. All laws or parts of laws in conflict with this Act are hereby repealed. This Act shall be in force from and after the date of its approval, and the present instrumentalities for the protection of the public health in the City of Columbus and in Muscogee County, Georgia, shall continue to function until the organization of the Muscogee County Department of Public Health as provided in this Act. Repealing clause. Approved March 27, 1941. NEWTON SHERIFF AUTHORIZED TO HOLD OFFICE OF COUNTY POLICE. No. 146. An act to authorize the sheriff of Newton County or his deputy to hold the office of county police; to empower and authorize the County Commissioner of said county to appoint the sheriff of said County or his deputy to the office of county police, to fix his salary, and to authorize payment therefor out of county funds; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That from and after the passage of this act

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it shall be lawful for the sheriff of Newton County or his deputy to hold the office of county police in and for said county. Section 2. That the Commissioner of Roads and Revenues, or other fiscal authority having charge of the county's fiscal affairs, shall be empowered and authorized to appoint the sheriff of said county or his deputy to the office of county police, and to fix the salary of such appointed county police, and to pay such salary out of the funds of said county. Sheriff or deputy as county police. Section 3. That all laws and parts of laws in conflict herewith shall not be operative. Approved March 6, 1941. OCONEE SHERIFF'S BOND REDUCED. No. 96. An Act To reduce the official bond of the Sheriff of Oconee County; to repeal conflicting laws; and for other purposes. Be it and it is hereby enacted by the General Assembly of Georgia: Section 1. That from and after the approval of this act the official bond of the Sheriff of Oconee County is hereby reduced from ten thousand ($10,000) dollars to two thousand ($2,000) dollars. Bond reduced to $2,000. Section 2. All laws or parts of laws in conflict with this act are hereby repealed. Approved February 26, 1941.

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OGLETHORPE SHERIFF'S BOND REDUCED. No. 178. An Act To fix the amount of the bond of the sheriff of Oglethorpe County, Georgia, and to provide that the surety on said bond shall be a surety company authorized to transact business in this State. Be it enacted by the General Assembly of this State, and it is hereby enacted by the authority of the same, Section 1. That the official bond of the sheriff of Oglethorpe County be, and the same is hereby, reduced from the present sum of ten thousand 00/100 ($10,000.00) dollars to the sum of three thousand 00/100 ($3,000.00) dollars. Bond reduced to $3,000. Section 2. Provided further that the surety of said sheriff's, bond shall be a surety company authorized to transact business in this State. Surety. Section 3. Provided further that this Act in all of its provisions shall become effective immediately upon its approval by the Governor. Effective date. Section 4. Provided further that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 12, 1941. PIERCE COMMISSIONERSCLERK'S SALARY. No. 4. An Act To amend an Act creating the Board of Commissioners of Roads and Revenues for the County of Pierce approved March 25, 1937, and to provided for a clerk of said Board and to fix the compensation of said clerk and for other purposes.

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Be it Enacted by the General Assembly of Georgia: Section 1. That the Act of the General Assembly of Georgia approved March 25, 1937, entitled An Act to Create the Board of Commissioners of Roads and Revenues in and for the County of Pierce; to appoint the members of said Board and to provide for the election of their successors and the manner of filling vacancies; to prescribe the term of office, powers, duties and compensation of said Board; to provide for the appointment of a clerk of said Board; and for other purposes. Act of 1937 amended. Said Act is hereby amended as follows: (a) By striking the words or figures $75.00 wherever the same may appear in section nine of said Act, and by inserting in lieu thereof the figures $100.00, so that when said section as amended shall read as follows: Section 2. The Board is hereby authorized and empowered to appoint a clerk for said Board, who shall serve at the pleasure of the Board. They shall have the further authority to fix the salary of said clerk at not more than $100.00 per month. It shall be the duty of said clerk to keep a proper and accurate book of said minutes, wherein shall appear all orders, resolutions and proceedings had and passed with reference to county matters. The Clerk shall also keep a full and accurate book of county vouchers wherein shall appear in itemized detail all orders and warrants drawn by the Board on the county treasurer or depository showing for what purposes and on what fund such orders or warrants were drawn. He shall also in a well bound book keep an inventory of all county property of whatever nature, listing the valuation of each item of property so recorded, where located, in whose custody, and in what condition, which inventory shall be carefully revised each year, and he shall keep such other books and records as the Board may require, all of which shall be open to

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public inspection during the office hours by any citizen or taxpayer of the county. Clerk's salary. Section 3. All laws or parts of laws in conflict with this Act are hereby repealed. Approved February 4, 1941. ROCKDALE COMMISSIONERSACT REPEALEDREFERENDUM. No. 59. An Act To Repeal an Act entitled An Act to provide for a Board of Commissioners of Roads and Revenues for the County of Rockdale; to provide for their election by the people; to prescribe their powers and duties; to fix their compensation; and for other purposes. Georgia Laws 1902, Page 231 et seq.; and all acts amendatory thereto, and to provide for a referendum for said Act; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same that An Act to provide for a Board of Commissioners of Roads and Revenues for the County of Rockdale; to provide for their election by the people; to prescribe their powers and duties; to fix their compensation; and for other purposes. Georgia Laws 1902, Page 231 et seq.; and all acts amendatory thereto, be and the same are hereby repealed. Act of 1902 repealed. Section 2. Be it further enacted that before this Act shall go into effect and it shall become as law, it shall be submitted to the qualified voters of Rockdale County, Georgia at an election to be called by the Ordinary of Rockdale County, on the second Wednesday in March, 1941 for ratification or rejection, those voters desiring to vote for ratification

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of this Act shall have printed or written on their ballots For abolishing the present Board of Commissioners of Roads and Revenues of Rockdale County, those desiring to vote against ratification of said Act, shall have written or printed on their ballots, Against abolishing the present Board of Commissioners of Roads and Revenues of Rockdale County, said election shall be held under the same rules and regulations governing elections for members of the General Assembly. If a majority of the qualified voters voting at said election shall vote in favor of ratification of this Act, the same shall become effective upon the election of a one-man Commissioner of Roads and Revenues of Rockdale County, in the manner and as provided for in House Bill Number 284. The Ordinary shall give notice of said election by advertising in the public gazette of said County two weeks prior to said election. Referendum. Section 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 18, 1941. ROCKDALE COMMISSIONER'S OFFICE CREATED. No. 60. An Act to create the office of Commissioner of Roads and Revenues for the County of Rockdale, to provide for the election of a Commissioner; to define his duties and powers; to provide for a date of taking effect; to provide for his commission; to provide for his qualifications; to provide for a clerk; to provide for the publication of his acts and the auditing of his books; to provide for the appointment of two advisors; to define their powers and compensation;

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to provide for their manner of appointment in case of 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 the authority of the same, that the affairs of Rockdale County, Georgia shall be administered by the Commissioner of Roads and Revenues of Rockdale County which office is hereby created and shall become effective in the manner and at the time hereinafter stated. Commissioners office created. Section 2. The Commissioner of Roads and Revenues hereinafter elected for said County shall have control of the County affairs of Rockdale with all the powers and duties as are now conferred by law upon the present six-man Board of Commissioners of Roads and Revenues of Rockdale County and with further control as may hereinafter be set forth and shall hold office for a term ending December 31, 1944 or until his successor is elected or appointed or qualified. The succeeding terms of the Commissioner of Roads and Revenues shall be four years, and succeeding Commissioners shall be elected by the qualified voters of said County at the regular election of county officers as is now provided by law. Jurisdiction of commissioner. Section 3. Two advisors shall be named by the Grandjury of Rockdale County after the election of said Commissioner, to serve terms concurrent with the Commissioner so elected. The said advisors shall be appointed by the Grandjury from parts of the County other than the residence of any commissioner elected under this act. Advisors to commissioners. Section 4. The said Commissioner shall be elected at an election to be had in Rockdale County, Georgia on the second Wednesday in March, 1941 and the Ordinary of Rockdale County, Georgia is hereby ordered and directed to call an election on said date and he shall give due notice of same in the official organ of Rockdale County two weeks

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prior to said election and any person desiring to qualify for said office must give notice in writing of same to the Ordinary five days before said election. No person shall be elected to said office at said election unless he receives the majority of the votes cast in said election. The same rules that govern the election of the members of the General Assembly shall apply in said election. Election. Section 5. No person shall be elected as Commissioner of said County unless he be of thirty years of age and having had residence in said County five years prior to his election. In the event no candidate receives a majority of votes cast in said election the Ordinary of said County is hereby directed to call another election within twenty days' time after giving due notice thereof and the candidates in said election shall be the two receiving the highest vote in the election to be called on the second Wednesday in March, 1941. Qualifications of commissioner. Section 6. The Commissioner of Roads and Revenues and his two advisors shall qualify by taking and subscribing before some officer authorized to administer, an oath, for the faithful discharge of the duties to the office to which each is herein appointed or elected. Oath. Section 7. The Commissioner of Roads and Revenues shall before entering upon his duties as such, give a bond in the sum of $5,000.00 to be approved by the Ordinary and payable to the Ordinary and his successors in office for the use of the county, conditioned to faithfully discharge his duties and to account for all funds and property of said County coming into his possession, and the surety on said bond shall be a corporate surety duly licensed to do business in the State of Georgia and the premiums shall be paid out of the revenue of said County without any contribution from any commissioner elected. Bond. Section 8. The salary of the Commissioner of Roads and Revenues shall be $1600.00 per annum, plus the sum of

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$400.00 for the expenses of his car used in and about the said County of Rockdale, said salary to be paid monthly. Said salary can only be raised by the recommendations of two successive Grand Juries and then cannot ever be raised in excess of $400.00 annually. Compensation. Section 9. The compensation of the said advisors shall be only actual expenses, in meeting with said Commissioner once a month, and never to exceed the sum of $5.00 per diem each. Compensation of advisors. Section 10. The entire financial affairs of the County of Rockdale shall be under the control of the said Commissioner and said Commissioner and his two advisors shall meet regularly on the first Tuesday in each month at the county court-house and at said meeting the Commissioner shall report to the advisors on the condition of the affairs of said County and on the receipts and expenditures of said county for the preceding month. Said report shall be published monthly by the Commissioner in the official newspaper in Rockdale County. Meetings. Section 11. Said advisors to the Commissioner shall have authority to act only in an advisory capacity and their recommendation shall be subject to such action as said Commissioner may deem wise and for the best interest of said County. Advisors, capacity. Section 12. Said Commissioner may be removed from the office in the same manner as ordinaries are by law now subject to removal. Section 13. Should the office of Commissioner of Roads and Revenue become vacant by death, resignation, or by any other means, then in that event, the Ordinary of said County is authorized and empowered to appoint a Commissioner until an election, and he is hereby directed to call an election within thirty days to fill said vacancy. Vacancy, how filled.

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Section 14. In the event of death, resignation or removal from the County, or the failure to act of either advisor, the next Grand Jury of Rockdale County shall name an Advisor to the vacancy created for the unexpired term of such advisor. Section 15. The Commissioner of Roads and Revenues of Rockdale County elected under the terms of this Act shall be commissioned by the Governor of Georgia upon the receipt of a notice from the Ordinary declaring such Commissioner elected, as provided herein. Said Commissioner of Roads and Revenues of Rockdale County is hereby empowered to engage the services of a clerk and said clerk's salary shall be fixed by the Commissioner by and with the advice of his advisors. Clerk and salary. Section 16. The meetings to be held by the Commissioner and his advisors shall be for the transaction of all matters which by law, come within the jurisdiction of said Commissioner and the management of the county affairs. Purpose of meetings. Section 16-A. In addition to the powers herein enumerated, said Commissioner shall have and exercise all the powers and duties now vested by law in the Ordinarys of the several counties of the State when sitting for County purposes. Powers and duties. Section 17. Said Commissioner shall have no other salaried position of public trust while serving as such. Section 18. Said Commissioner of Roads and Revenues shall have authority to employ a county physician, if necessary, and a county attorney, if necessary, in such manner and for such compensation as may serve the provisions of law and in the best interests of the County. In case a county physician and a county attorney are employed, their compensation shall not exceed the amount now being paid by the Board of Commissioners of Roads and Revenues of Rockdale County for similar services. County physician and attorney.

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Section 19. It shall be unlawful for said Commissioner to employ any person related to him within the third degree by blood or marriage, or to contract with such person for any equipment, material or supplies, except the same be upon competitive bids and the person so related submits the lowest bid therefor. Relatives of commissioner may not be employed. (A)All purchase of supplies and other materials of an amount in excess of $100.00 shall be by competitive bids. The Commissioner shall publish in the county newspaper a notice of whatever supplies and material needed that cost in excess of $100.00, not less than two weeks before the purchase of same, and written bids shall be submitted to the Commissioner and his advisors for the sale and delivery of such supplies, but they shall have the right to reject any and all bids if they see proper to do so. However, in the event of an emergency, the above provision may be waived by the Commissioner and his advisors, agreeing in writing that an emergency exists and that said supplies are needed for the County of Rockdale and that the purchase price for the said needed materials in such emergency is the best obtainable at the time; Said agreement signed by the Commissioner and his advisors to be entered upon the minutes of the County Commissioner's records. Purchases by bids. Section 20. The County treasurer shall not disburse or pay out any funds in the county treasury except upon order of said commissioner, and signed by his clerk. Payment of funds. Section 21. It shall be a misdemeanor and punishable as such for said Commissioner of Roads and Revenues to have any financial interest in the transaction of any business in connection with the purchase or sale of any goods or supplies, machinery or other things for the County of Rockdale and upon such conviction such Commissioner shall be ineligible to longer hold office and shall be removed therefrom. Misdemeanor for commissioner to have interest in purchase.

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Section 22. Be it further enacted that upon the election and qualifying of said Commissioner as in this Act provided, the present Commissioners of Roads and Revenues of Rockdale County shall turn over to said Commissioner all properties, funds, machinery, tools, stock and everything belonging to Rockdale County which may be in their possession. Transfer of property to commissioner. Section 23. Should any of the sections of this Act be held to be unconstitutional or invalid for any reason, only such section, or sections, provision, or provisions, shall be affected, and such holding of unconstitutionality or invalidity of any such sections and provisions shall not affect the remaining sections or provisions, but shall remain in full force and effect. Constitutionality. Section 24. The office created hereunder shall be created, only in the event the qualified voters of Rockdale County ratify House Bill Number 283, abolishing the present six-man Board of Commissioners of Roads and Revenues of Rockdale County, Georgia at an election to be called by the Ordinary of Rockdale County on the second Wednesday in March, as set out in House Bill Number 283. Effective date of act. Section 25. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved February 18, 1941. SCREVEN TREASURER'S SALARYREFERENDUM. 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.

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Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: Section 1. Commencing July 1, 1941, the compensation of the county treasurer of Screven County, Georgia, shall be One Hundred ($100.00) Dollars per month, payable monthly by the Commissioners of said county at their monthly meeting; and in addition to paying said treasurer One Hundred ($100.00) Dollars per month, said commissioners shall pay the fee charged by a bonding company for the bond of said county treasurer. Compensation. Section 2. 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 Tuesday after the first Monday in June, 1941. 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 30 days before the date herein named. 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: Referendum. Notice. For paying the county treasurer of Screven County One Hundred ($100.00) Dollars per month and against paying the county treasurer of Screven County One Hundred ($100.00) 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 One Hundred ($100.00) Dollars per month, then this Act shall become a law effective July 1, 1941. If it should fail to receive a majority of the votes

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cast in said election, then it shall not become the law and shall be null and void and of no effect. Ballot, form of. Section 3. That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed. Repealing clause. Approved March 27, 1941. SPALDING COMMISSIONERSZONING. No. 98. An Act To authorize the Board of Commissioners of Roads and Revenues of Spalding County to create and establish restricted zones or districts by vesting said Board with the authority to pass zoning and planning laws for said county 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 Board of Commissioners of Roads and Revenues of Spalding County are granted the following authority, to-wit: The Board of Commissioners of said County, 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 County, outside the city limits of the City of Griffin, 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,

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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 February 26, 1941. SPALDING SHERIFF'S BOND REDUCED. No. 133. To be entitled an Act To reduce the bond of the sheriff of Spalding County from ten thousand (10,000.00) dollars to five thousand (5,000.00) dollars; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. On and after the passage of this Act the bond required of the sheriff of Spalding County, Georgia, is hereby reduced from the sum of ten thousand (10,000.00) dollars to the sum of five thousand (5,000.00) dollars. Bond reduced to $5,000. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1941. STEPHENS TAX COMMISSIONERCOMPENSATION. No. 131. An act To amend an Act to abolish the offices of Tax Receiver and Tax Collector of Stephens County, Georgia; to fix the term and compensation of said officer; and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that from and after the passage of this Act, the Act approved August 24, 1931, entitled an Act to abolish the offices of Tax Receiver and Tax Commissioner of Stephens County, Georgia, to fix the term and compensation of said officer and to provide for the disposition of commissions received by such officer, be and the same is hereby amended by striking Section 9, Page 562 (Georgia Laws 1931) and inserting a new section to be known as Section 9, and to read as follows: Act of 1931 amended. Section 9. Be it further enacted by the authority aforesaid that the commission of the Tax Commissioner of Stephens County, Georgia, for all duties performed by him as receiver and collector of county, school district, and any and all other taxes, shall be the sum of $1,650.00 per annum, payable $137.50 monthly from the funds of said county upon voucher drawn as now provided for withdrawal of county funds. For duties performed by him as receiver and collector of State taxes including property, poll, professional and occupation, he shall receive the commissions now allowed or to be later allowed by State laws. Compensation. Be it further enacted that Section 14, Page 564 (Georgia Laws 1931) shall be amended by striking said Section and inserting a new Section to be known as Section 14 and to read as follows: Section 14. All fees, commissions, percentages and allowances heretofore made to the Tax Receiver and Tax Collector for receiving and collecting county and school taxes, shall be by said Commissioner collected and paid into the designated depository to the credit of Stephens County. Also, all fees and costs allowed by law to the Tax Collector for issuing fi fas allowed taxpayers when this act shall become effective, shall be by said Tax Commissioner

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collected and paid into the designated depository to the credit of Stephens County. Said funds shall be withdrawn as other county funds are withdrawn. All fees, commissions, and percentages allowed to the Tax Receiver and Tax Collector for the receiving and collecting of State taxes, shall be retained by said Commissioner. Section 2. All laws and parts of laws in conflict with this Act to be and the same are hereby repealed. Approved March 6, 1941. SUMTER SHERIFF'S BOND REDUCED. No. 171. An Act To reduce the official bond of the Sheriff of Sumter County, Georgia, from $10,000.00 to $5,000.00, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, the bond of the Sheriff of Sumter County, Georgia, shall be the sum of $5,000.00. Bond reduced to $5,000. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 12, 1941. TATTNALL COMMISSIONERSACT AMENDED. No. 242. An Act To amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Tattnall, approved August 18, 1927, and amended March 17,

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1939, by reducing the amount of the bond to be given by the Chairman of the Board of Commissioners; to reduce the minimum at which the said Chairman's salary may be fixed, and to increase the maximum at which the Clerks salary may be fixed, Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that section 3 of the aforesaid Act approved August 18, 1927, and amended March 17, 1939, be and the same is hereby amended by striking from line nine the figures $15,000.00, and inserting in lieu thereof the figures $7,500.00, and by striking from line twelve the word County, and inserting in lieu thereof the word Chairman. Act of 1927 amended. Section 2. Be it enacted by the authority aforesaid, that section seven as amended of the aforesaid Act as shown in the amendment approved March 17, 1939, be and the same is hereby amended by striking from line twenty of said section the figures $75.00, and inserting in lieu thereof the figures $100.00. Act of 1939 amended. Section 3. Be it further enacted by the authority aforesaid, that section 11 of the aforesaid Act as shown in the amendment approved March 17, 1939, be and the same is hereby amended by striking from the last three lines of said section the following words, In addition to the above he shall be paid mileage at the rate of 5c per mile for all necessary traveling done by him on the business of the County, and by striking from line twenty four of said section the figures $150.00, and inserting in lieu thereof the figures $100.00. Section 4. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same is hereby repealed. Approved March 22, 1941.

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TATTNALL SHERIFFS BOND REDUCED. No. 243. An Act To reduce the amount of the official bond of the Sheriff of Tattnall County, Georgia, to $5,000.00; to repeal all conflicting laws, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same: Section 1. That from and after the passage of this Act, the amount of the official bond of the Sheriff of Tattnall County, Georgia, be and it is hereby reduced to the sum of $5,000.00, and the amount of said bond is hereby fixed at $5,000.00. That the surety on said bond shall be some Bonding Company authorized by law to write surety bonds in this State. Bond reduced to $5,000. Section 2. Be it further enacted that all laws in conflict with this Act are hereby repealed. Approved March 22, 1941. UNION BOARD OF COMMISSIONERS CREATEDREFERENDUM. No. 117. An Act to create a Board of Commissioners of Roads and Revenues for the County of Union; to define the powers and duties of said Board; to provide membership; to fix qualifications; terms of office; and compensation; to provide for the selection of successors; to provide a special referendum; to provide referendum election machinery; to provide an effective date; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. That a Board of Commissioners of Roads and Revenues for the County of Union to consist of three persons hereinafter named is hereby created. All persons eligible to hold other county offices shall be eligible to hold the office of Commissioner of Roads and Revenues in said county. Should a vacancy occur in said board by death, or resignation, or otherwise, the same shall be filled by the Judge of the Superior Court of Union County. Board created. Section 2. Be it further enacted by the authority aforesaid, that the following named persons are hereby appointed, constituted and made Commissioners of Roads and Revenues for Union County, under this Act, to wit: Frank Hill, Jasper McGlamery, and Howard Curtis, and that the term of each of the above appointed Commissioners of Roads and Revenues shall be four years and that said term of office shall begin on the fourth day of August, 1941, and that all and each of said Commissioners shall hold office until their successors are elected and qualified as hereinafter provided. Members named. Section 3. Be it further enacted by the authority aforesaid, that at the regular election for the county officers to be held in November, 1944, and at each election for county officers thereafter, Commissioners of Roads and Revenues shall be elected for a term of four years, whose term of service shall begin on the first day of January, 1945, after election, and who shall serve for a term of four years and until their successors are elected and qualified and they shall be elected in the same manner and at the same time as is provided for the election of county officers. Election. Section 4. Be it further enacted by the authority aforesaid, that Commissioners of Roads and Revenues as hereinbefore provided for shall be commissioned by the Governor for the term of office for which they have been selected, named, appointed, or elected and before entering upon the discharge of their duties they shall give a good and solvent

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bond to be approved by the Ordinary of said county, payable to the Governor of the State, or his successors in the sum of $2,000.00 each, conditioned for the faithful performance of their duties as such commissioners, which bond, when approved by the Ordinary, shall be by him recorded in the record of official bonds, the same to be filed and kept by said Ordinary in his office. And that said Commissioners of Roads and Revenues before entering upon the discharge of their duties, shall take and subscribe before the Ordinary of Union County, the following oath: Bond to be given. I do solemnly swear that I will faithfully discharge the duties of Commissioners of Roads and Revenues for the County of Union, and that I will so act as in my judgment will be most conductive to the welfare and prosperity of said county, so help me God, Oath. and said bond and oath shall be recorded by the Ordinary of said county, and in the custody and control of said Ordinary. Section 5. Be it further enacted by the authority aforesaid, that said Board of Commissioners of Roads and Revenues shall after giving bond and taking the required oath, as hereinbefore set out, meet at the Courthouse in Union County and organize by electing a chairman and clerk on the day their term of office begins. Meeting. Section 6. Be it further enacted by the authority aforesaid, that the Commissioners of Roads and Revenues of said county, shall have the right and power to employ a physician for the purpose of giving medical aid and attention to the jail prisoners, paupers of the county, convicts of the county and any other matters requiring his services as a physician, and that said Commissioners of Roads and Revenues shall have the right and authority to fix his compensation. Physician to be employed. Section 7. Be it further enacted by the authority aforesaid,

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that said Commissioners of Roads and Revenues are authorized by this act to employ counsel for legal advice, for drawing contracts for the county, or for the drawing of any contracts or documents, or otherwise when said Commissioners of Roads and Revenues shall deem it necessary, and for legal advice, or for the drawing of contracts or documents for said county, or otherwise, said Commissioners of Roads and Revenues shall have the right and authority to pay an attorney a reasonable compensation for whatever services he may render. Counsel to be employed. Section 8. Be it further enacted by the authority aforesaid, that said Commissioners of Roads and Revenues shall meet at the Courthouse in Union County and hold regular monthly sessions at such times as may be agreed upon by said Commissioners of Roads and Revenues. Monthly sessions. Section 9. Be it further enacted by the authority aforesaid, that for each day's services rendered by the members of said Commissioners of Roads and Revenues at and for their monthly meetings they shall receive the sum of three ($3.00) dollars each per day, the same to be paid out of the general funds of said county, and also if it be necessary for said Commissioners of Roads and Revenues to travel, or otherwise incur other personal expenses, they shall also be paid out of the county funds for such expense. Said Commissioners of Roads and Revenues are not confined to their regular monthly meetings, but on the contrary, are authorized to put in not to exceed fifty days in any one calendar year, and shall be paid a like sum of three ($3.00) dollars per day, except the Chairman of said board and he as such Chairman is authorized to put in as many days in any one calendar year as the whole Board of Commissioners of Roads and Revenues may see fit and proper to approve of, and for like services as such Chairman, he shall likewise be paid the sum of three ($3.00) dollars per day for whatever extra days he may render to Union County

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and that said board shall be paid by rendering a proper voucher, and on order drawn by the Chairman and countersigned by the Clerk of said board, said order being drawn on the general funds of said county. Compensation. Section 10. Be it further enacted by the authority aforesaid, that said Commissioners of Roads and Revenues may elect a clerk, who may or may not be a member of the board, whose duty it shall be to keep a record of all the actings and doings of said board at the Courthouse in Union County; said records to be open for inspection of any citizen or citizens of said county at all times, if the same does not conflict with the meetings of said board, and said Clerk shall keep all books and records in a neat, and first class condition at all times, said Clerk shall receive for his services as such Clerk a reasonable compensation to be the sum of three ($3.00) dollars per day for every day that said Commissioners are in session if he is there for the purpose of rendering his service to said Board of Commissioners. If said Clerk elected by said Commissioners is not a member of said board he shall take the same oath as herein designated for said Board and shall also make a good and solvent bond to be approved by said Board payable to the Commissioners of Roads and Revenues and their successors in office in the sum of one thousand ($1,000.00) dollars conditioned for the faithful performance of his duty as such Clerk, which bonds shall be recorded in the record of official bonds kept by the Ordinary of Union County. Clerk. Section 11. The Clerk of the Superior Court of Union County may be selected by said Board of Commissioners of Roads and Revenues, if said Board sees fit and proper to make such selection, to act as Clerk of the Board of Commissioners of Roads and Revenues of Union County. Section 12. Be it further enacted by the authority aforesaid, that said Board of Commissioners of Roads and Revenues when in their discretion they deem it necessary, may

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elect a superintendent of all roads and bridges and, to superintendent all county matters of Union County that may be delegated to such superintendent by said Board of Commissioners of said county, and that said Board shall elect such superintendent on account of his efficiency and knowledge and skill in practical road and bridge building. Said superintendent shall have charge of laying out, building, repairing, improving and maintaining the public roads and bridges of the County of Union and all other county matters that may be delegated to him by said Board of Commissioners, and that as such superintendent he shall be under orders at all times of said Board of Commissioners, and as such superintendent he shall receive a reasonable compensation, said compensation not to exceed the sum of eight hundred ($800.00) dollars per annum and his term of office as such superintendent shall also be fixed by said Board of Commissioners, not to exceed one year. Superintendent of roads and bridges. Section 13. Be it further enacted by the authority aforesaid, that said Commissioners of Roads and Revenues shall have the right and authority to retire from office or from appointment, the County Attorney, and County Physician, Clerk of the Board of Superintendent of Roads, Bridges, and other county matters, when in their judgment the interests of the county is not being property cared for by such appointees or officers. Removal from office of employees. Section 14. Be it further enacted by the authority aforesaid, that the said Commissioners of Roads and Revenues shall have jurisdiction and full control over all of the following county matters, to wit: In controlling and directing all property of Union County as they may deem expedient according to law, in levying taxes according to law; in establishing or abolishing or changing election precincts of militia districts, or in changing the lines of militia districts, in allowing the insolvent list of said county; in settling claims and accounts of officers having the care and management or disbursement of the funds belonging to Union County in

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making such rules and regulations as they may deem best for the interest of Union County governing all minor officers and employees appointed by them; in fixing the number of day's work for each subject to road duty, or in lieu thereof, a reasonable compensation in keeping with the alternative road law as now made and provided by statute; in levying a general tax for general purposes, and a special tax for special purposes, according to the provisions of the general law and special enactments of the general assembly; in establishing, altering, building, or repairing, and abolishing all roads and bridges in Union County in conformity to law; in examining, auditing and allowing all claims for or against the County of Union; in examining and auditing the accounts of all county officers who receive pay out of any money of the county or state; in collecting and disbursing all funds belonging to Union County or appropriated for its use or benefit, and in bringing all debtors of the county to a speedy settlement; in making such rules and regulations for the support and maintenance of the poor of said county and for the promotion of health as permitted by law. Jurisdiction of commissioners. Section 15. Be it further enacted by the authority aforesaid, that said Board shall hold at least one session in each month at the county site and in the Courthouse of Union County, where they shall have and maintain an office, and said Board shall have all records pertaining or belonging to the Commissioners of Roads and Revenues of Union County kept in the office of said Commissioners. Board to review county records. Section 16. Be it further enacted by the authority aforesaid, that the Chairman of said Board, in his discretion, shall call an extra session of said Board to transact any business that may arise after the regular meeting of said Board. Extra session of board. Section 17. Be it further enacted by the authority aforesaid, that said Board of Commissioners of Roads and Revenues

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has herein provided shall have the full power and authority in establishing and maintaining county public works camps, and in working public roads or other public works of the county with the same. Authority of board. Section 18. Be it further enacted by the authority aforesaid, that the Ordinary of Union County shall turn over to said Commissioners of Roads and Revenues all books, papers or other documents pertaining the county matters that may be required of him by said Board. That said Board is hereby authorized if they deem it necessary and proper, to discard all old records and equip in lieu thereof the office of said Board with new records. Section 19. Be it further enacted by the authority aforesaid, that said commissioners of Roads and Revenues of said county of Union shall have all the power heretofore vested under the general law in the Ordinarys of the several counties of the State of Georgia when sitting for county purposes, and to exercise such other powers as are granted by law, or as are indispensable to their jurisdiction over county matters and the finances thereof. Section 20. Be it further enacted by the authority aforesaid, that a special referendum election be held in Union County on May 9, 1941. Said election shall be held under the usual law governing the holding of such elections except that the managers who held the general election on the first Tuesday in November 1940 in Union County, Georgia, in their respective districts are hereby named and constituted election holders for said special election. Referendum. Section 21. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 26, 1941.

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WALKER COMMISSIONERCLERICAL ASSISTANCE AND CLERK. No. 56. An Act to amend the Act of 1939 as embodied in Georgia Laws of 1939, pages 751-765 inclusive, the Act referred to being designated as an Act to create the office of Commissioner of Roads and Revenues of Walker County, Georgia, said proposed Act to amend the Act aforesaid to provide for the repeal of Section 29 of the Acts of 1939, pages 751-765 inclusive, and substituting a new provision in lieu thereof, and to further amend said Act of 1939 aforesaid by striking from Section 10 thereof the words not to exceed $50.00 per month, so that said Act when amended shall read as follows: Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the Act aforesaid be and the same is hereby amended as follows: Section 1. That Section 29 of the Act aforesaid is hereby repealed. Section 2. That the following provision shall be substituted in lieu of the striken section 29, aforesaid: Clerk and clerical assistance. Be it further enacted by the authority aforesaid that the Commissioner of Roads and Revenue of Walker County, Georgia, shall have the right to employ such clerical assistance as he deems necessary. He shall also have the right to employ a clerk. He shall set their compensation and duties. He shall have the right at his discretion to discharge any clerk or clerical employee, so employed. Section 3. Be it further enacted by the authority aforesaid that Section 10 of the act aforesaid be, and the same is, hereby amended by striking therefrom the following

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words, not to exceed $50.00 per month, so that said section as amended shall read as follows: 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. Traveling expenses. Section 4. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Approved February 18, 1941. WALKER SHERIFF'S BOND REDUCED. No. 52. An Act To reduce the official bond of the Sheriff of Walker County; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. On and after the passage of this Act the official bond of the Sheriff of Walker County, Georgia be and the same is hereby reduced from the sum and amount of Ten Thousand ($10,000.00) Dollars to the sum and amount of Five Thousand ($5,000.00) Dollars. Bond reduced to $5,000. Section 2. All laws and parts of laws in conflict with this Act be and the same is hereby repealed. Approved February 18, 1941.

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WASHINGTON PRIMARY ELECTIONS. No. 94. An Act to regulate the holding of primary elections for the selection of candidates for the place of representative to the General Assembly from Washington County; to provide for the designation by candidates at such primaries of the place for which they seek nomination; 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. Every political party, organization, or association holding any political primary election in Washington County for the purpose of choosing or selecting candidates for the place of representative from said County to the General Assembly, shall designate by number the places for which candidates are to be selected at said primary in said county; said designation by number to correspond to the number of places for which candidates are to be selected. Places, designation of. Section 2. Any person who seeks the nomination of said political party, organization or association at said primary as a candidate for the place of representative to the General Assembly from Washington County shall, at the time of qualifying as a candidate at said primary, designate by number the place for which he is a candidate, and he shall not designate more than one place nor be declared the nominee for any other place. All ballots in such primary elections in said county shall be prepared by listing the candidates for each place so designated in separate brackets and the candidates receiving a plurality of the votes cast for the designated place shall be declared the nominee therefor. Designation by candidate. Section 3. Hereafter the position now represented by

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Harvey Roughton shall be designated as place Number (1) One and the position now represented by E. C. Smith shall be designated as place number (2) Two. Present places designated. Section 4. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Repealing clause. Approved February 26, 1941. WASHINGTON TAX COMMISSIONERCOMPENSATIONREFERENDUM. No. 170. An Act To amend an Act of the General Assembly of Georgia, approved March 24, 1937, fixing the compensation of Tax Commissioner of Washington County so that said Act of 1937 shall read as follows: The Compensation of the Tax Commissioner of Washington County, Georgia, shall be as follows: Twenty-nine Hundred Dollars per annum, payable monthly out of the General funds of Washington County; and in addition thereto said Tax Commissioner of Washington County shall receive as part of his compensation fees and commissions received by Washington County on State Funds, not to exceed $600.00 per annum; and for other purposes. Section 1. Be it enacted by authority of the General Assembly of Georgia, that Section Two of an Amendment approved March 24, 1937, shall be so amended by this Act as to read as follows: The compensation of the Tax Commissioner of Washington County, Georgia, shall be as follows: Twenty-nine Hundred Dollars per annum, payable monthly out of the General funds of Washington County, Georgia, and in addition thereto, as part of the compensation of said Tax Commissioner, he shall receive fees and commissions received by

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Washington County, on State Funds, not to exceed $600.00 per annum. Compensation. Section 2. Provided, however, that this Act shall not become effective until it is ratified by a majority of the qualified voters of Washington County, in the next general election. Referendum. Section 3. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 12, 1941. WEBSTER SHERIFF'S BOND REDUCED. No. 130. An Act To reduce the bond of the Sheriff of Webster County from five thousand dollars to two thousand dollars. Be it enacted by the General Assembly of Georgia: Section 1. That from and after the passage and approval of this Act the official bond of the Sheriff of Webster County be and the same is hereby reduced in amount from five thousand ($5,000) dollars, as now provided by law, to two thousand ($2,000) dollars, and said sheriff shall not hereafter be required to give an official bond in an amount in excess of two thousand ($2,000) dollars. Bond reduced to $2,000. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1941.

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WILCOX COMMISSIONERSTIME OF MEETING CHANGED. No. 172. An Act To amend the Act of 1939 (Acts 1939, pages 782-790, Section 9) Approved March 24, 1939, so as to change the regular monthly meeting of Commissioners of Roads and Revenues of Wilcox County from Second Monday in each month to First Tuesday in each month, 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 of 1939 (Acts 1939, pages 782-790, Section 9) approved March 24, 1939, be and the same is hereby amended by making the regular monthly meeting of Commissioners of Roads and Revenues of Wilcox County to convene on the First Tuesday in each month. Act of 1939 amended. Meetings. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved March 12, 1941. WILCOX TAX COMMISSIONER'S OFFICE CREATEDTAX RECEIVER AND TAX COLLECTOR'S OFFICE ABOLISHEDREFERENDUM. No. 320. An Act To abolish the offices of Tax Collector and Tax Receiver of Wilcox County; to create the office of Tax Commissioner of Wilcox County; to prescribe the term of his office, qualifications, manner of election and commission; the amount of bonds, salary, powers and duties

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of said Commissioner; to provide the manner and time of filling vacancies in the office of Tax Commissioner; to provide for the levy of taxes to pay the salary of said Commissioner; to provide for a referendum on said act; to fix the date when it shall become effective at the end of the present term of the Tax Collector and Tax Receiver, to which they have recently been elected; to repeal conflicting laws; and for other purposes: Be it and it is hereby enacted by the General Assembly of Georgia: Section 1. That the offices of Tax Collector and Tax Receiver of Wilcox County, Georgia, are hereby abolished, and the duties of the two offices aforesaid are hereby consolidated into one office and shall be performed by the Tax Commissioner of Wilcox County as hereinafter provided. Tax collector's and Receiver's office abolished. Section 2. That the office of Tax Commissioner of Wilcox County, Georgia, is hereby created in lieu of said abolished offices, and the rights, duties and liabilities of the said office of county Tax Commissioner of Wilcox County shall be the same as the rights, duties and liabilities of the Tax Receiver and Tax Collector. The Tax Commissioner shall, before entering upon the duties of his office, give bond in some surety company authorized to do business in this State in the amount of $20,000.00 dollars for the faithful performance of his duties and accounting for all monies that may come into his hands as Tax Commissioner. Tax commissioners office created. Section 3. All taxes that are now 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 Wilcox County shall have full force and effect and shall be collected as issued, and all fees, commissions and other compensations now allowed the Tax Receiver and Tax Collector of Wilcox County, Georgia, and which may hereafter be allowed by any general act to said officers, shall be collected by the said

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county Tax Commissioner and paid into the treasury of Wilcox County, Georgia. Taxes payable. Section 4. The compensation of the Tax Commissioner of Wilcox County Georgia, shall be two thousand ($2,000) dollars per year, payable monthly out of the general funds of the county. In addition to said salary, however, he is authorized to employ a clerk or assistant to aid him in his work, at a salary not to exceed one dollar per year, the exact amount to be fixed by the Commissioners of Roads and Revenues of Wilcox County, and to be paid out of the general county funds. All equipment, stationary, printing and other office expenses shall be paid by the Commissioners of Roads and Revenues out of the general funds of the county. Compensation of tax commissioner. Section 5. The first election of a county Tax Commissioner of Wilcox County shall take place at the regular election next preceding the expiration date of the term of office of the persons now holding the offices of Tax Receiver and Tax Collector, and such officers shall, notwithstanding this act, continue to hold their office until the expiration of their present terms of office, and until their successor, the Tax Commissioner, has been elected at the regular election aforesaid, and is qualified for said office. The term of office of said Tax Commissioner shall be for four years, and in case of a vacancy the same shall be filled as now provided by law for the filling of vacancies in other county offices. Election. Section 6. At the next regular general election to be held in 1941 this act shall be submitted to the voters of Wilcox County, qualified to vote for members of the General Assembly to determine whether this act shall become effective. Those persons desiring to have said act become effective in Wilcox County shall have written or printed on their ballots for Tax Commissioner of Wilcox County, and those opposed to this act becoming effective shall have

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written or printed on their ballots against Tax Commissioner for Wilcox County, and if a majority of the votes cast in said election shall be for Tax Commissioner of Wilcox County then this act shall become operative in Wilcox County upon the date of the expiration of the terms of the present incumbents in the offices of Tax Receiver and Tax Collector of Wilcox County, Georgia. The cost of said election and all expenses necessary thereto, including the printing of ballots, shall be paid out of the general funds of the county by the Commissioner of Roads and Revenues of said county. The Ordinary shall consolidate the returns and declare the result of said election. Referendum. Section 7. All laws or parts of laws in conflict with this act are hereby repealed. Approved March 27, 1941. WILCOXTREASURER'S OFFICE ABOLISHED. No. 451. An Act To abolish the office of county treasurer of Wilcox County, Georgia; to authorize the Board of Commissioners of Roads and Revenues of said county to designate a depository for the deposit of funds of said county; to provide an effective date for this act; to provide that the office of County Treasurer of Wilcox County, Georgia, be abolished after December 31, 1944; to repeal conflicting laws; and for other purposes. Be it and it is hereby enacted by the General Assembly of Georgia: Section 1. That on December 31, 1944, the office of County Treasurer of Wilcox County, Georgia, shall be abolished. County treasurer's office to be abolished. Section 2. The Commissioners of Roads and Revenues

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of said county, shall, by a majority vote, 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, to act as county depository and disbursing agent of the funds of the county. Any bank so designated shall not be entitled to any fee or compensation for acting as such. County depository to be designated. Section 3. No funds of the county or other public funds shall be transferred to or deposited in said depository unless and until it shall have given a bond signed by some solvent surety company, authorized to do business in this State, in the sum of not less than fifteen thousand ($15,000) dollars, payable to the Commissioners of Roads and Revenues and their successors in office, for the safe keeping and accounting of all funds that may go into its custody by reason of its acting as such depository, and for the full and faithful performance of all the duties pertaining to said depository. The bond thus provided for shall be approved by the Commissioners of Roads and Revenues of said county, and said Commissioners shall have the power 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 this being done, to revoke the appointment of such bank or banks as depository and disbursing agent. Bond to be given by depository. Section 4. It shall be the duty of any bank or banks designated and qualifying as aforesaid as the county depository and disbursing agent: Duty of depository. (a) to pay without delay, 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 of 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

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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 may be presented; and to record 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 of the county, on request, to render an account of its actions and doings as 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 5. On the day this act becomes effective, it shall be the duty of the person now holding the office of county treasurer to immediately transfer and deliver all county funds then in his hands, as well as all records, books and papers pertaining to said office, to the bank or banks designated as county depository. All parties heretofore required by law to pay over to the county treasurer any funds collected or held by them are hereby authorized and directed to pay the same to the depository or depositories designated and qualified as aforesaid. Treasurer to transfer funds and records.

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Section 6. The premium on the bond or bonds and the expense of all records, books, etc., required to be kept by such depository or depositories shall be paid out of the funds of the county by order of the Commissioners of Roads and Revenues. Expenses, how paid. Section 7. The term during which such a depository or depositories shall act after designation and qualifications as such shall end at the expiration of each calendar year, or until a successor is designated and qualified. Term of depository. Section 8. Said depository or depositories shall be deemed to be public agencies of the county and are subject to all civil and criminal liability as would be the case if a county treasurer were performing the same functions, and the Commissioners may proceed against such depository or depositories and the sureties on their bond in the same manner and as the ordinary may now proceed against a county treasurer for nonfeasance, misfeasance or malfeasance in the conduct of his office. Depository to be subject to criminal liability. Section 9. The act approved February 7th, 1938, (Georgia Laws Extraordinary Session 1937-1938, pp. 909, 910), relating to the county treasurer of Wilcox County, and the act approved February 12th, 1938, (Georgia Laws Extraordinary Session 1937-1938, pp. 910, 912), relating to a county treasurer and county depository of Wilcox County, together with all other laws or parts of laws in conflict with this act are hereby repealed. Acts of 1938 repealed. Section 10. This Act shall not become effective until December 31, 1944. Effective date. Approved March 27, 1941.

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WORTH COMMISSIONERS DISTRICTS. No. 135: An Act To amend an Act approved March 12, 1935 (Acts of 1935, pages 842 to 848) entitled An Act to amend the Act entitled `An Act to create and establish a Board of Commissioners of Roads and Revenues of Worth County; to fix and prescribe their jurisdiction, powers and duties; to provide for the election, appointment and qualification of the members and officers of the said Board, and to fix their salaries and fees, and for other purposes', approved August 15, 1904, Georgia Laws 1904, pages 296 to 300 inclusive, and as amended by the Act approved March 1, 1933, Georgia Laws 1933, pages 780 to 792, inclusive, so as to change, revise and further define the jurisdiction, powers and duties of the Board of Roads and Revenues of Worth County; to change, revise, and prescribe the manner or method providing for the election, appointment and qualifications of the members and officers of the said Board, and to fix their salaries and fees; to provide for manner and method of payment of salaries and fees of the members and other officers of said Board; to change, modify and repeal said amending Act of 1933 as above in its entirety; and for other purposes so as to provide that the commissioner from each district shall be nominated and elected by the voters of the entire county; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same: Section 1. That an Act approved March 12, 1935, (Acts of 1935, pages 842 to 848) entitled An Act to amend the Act entitled `An Act to create and establish a Board of Commissioners of Roads and Revenues of Worth County; to fix and prescribe their jurisdiction, powers and duties; to provide for the election, appointment and qualification of

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the members and officers of the said Board, and to fix their salaries and fees, and for other purposes,' approved August 15, 1904, Georgia Laws 1904, pages 296 to 300 inclusive, and as amended by the Act approved March 1, 1933, Georgia Laws 1933, pages 780 to 792, inclusive, so as to change, revise and further define the jurisdiction, powers and duties of the Board of Roads and Revenues of Worth County; to change, revise, and prescribe the manner or method providing for the election, appointment and qualifications of the members and officers of the said Board, and to fix their salaries and fees; to provide for manner and method of payment of salaries and fees of the members and other officers of said Board; to change, modify and repeal said amending Act of 1933 as above in its entirety; and for other purposes be, and the same is hereby amended by striking from the last paragraph of subsection (c) of Section 5 of said Act the language in the particular district in which the nomination is to be had and not by the voters of the entire county, but and by substituting and inserting in lieu thereof the language of the entire county, and so that subsection (c) of Section 5 of said Act as amended shall read as follows: Act of 1935 amended. (c) Be it further enacted by the authority aforesaid, that the said County of Worth be and is hereby divided into five districts, the same to be designated as `County Commissioner Districts,' numbered one to five respectively, said districts to be of same number and include the same territory and area in each, as is now laid out and effective in said county at time of passage of this said Act, as follows: County divided into county commissioner districts. District No. 1, shall be and is hereby fixed and established as containing and including that area and portion of said county, known as the seventh and second voting precincts, Sylvester and Shingler precincts. District No. 2, shall be and is hereby fixed and established as containing and including that area and portion of said county, known as the fourth (4th) or Temby voting precinct,

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the fifth (5th) or Sumner precinct and the tenth (10th) or Poulan voting precinct. District No. 3, shall be and is hereby fixed and established as containing and including that area and portion of said county, known as the sixth (6th) or Pine Hill voting precinct, the ninth (9th) or Warrior voting precinct and the eleventh (11th) or Minton voting precinct. District No. 4, shall be and is hereby fixed and established as containing and including that area and portion of said county, known as the third (3rd) or Red Rock voting precinct, the eighth (8th) or Gordy voting precinct, and the twelfth (12th) or Bridgeboro voting precinct. District No. 5, shall be and is hereby fixed and established as containing and including that area and portion of said county known as the thirteenth (13th) voting precinct, or Vickers, the fourteenth (14th) or Warwick voting precinct, the fifteenth (15th) or Oakfield voting precinct, the sixteenth (16th) or Doles voting precinct and the seventeenth (17th) or Aultman voting precinct. Said road or commissioner districts to contain all of the territory and area respectively as described and designated in each of the said voting precincts or districts as named therein. It is further provided, that in all future elections of each of the members of said board, as the term expires or the office becomes vacant for any reason, the successor to each member shall be elected from time to time from the district in which the commissioner whose term is expiring resides or in which the vacancy exists. Any person or persons seeking election as a commissioner from any of said designated commissioner districts to be eligible as a commissioner and member of said board, must be a resident of the district in which said vacancy exists or the term of the member is expiring whom he would succeed. It being provided that in the nomination of the candidate by any political party, in convention or primary election, each candidate shall be

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voted upon and the nomination had and declared by the voters of the entire county, and in each instance after nomination, the said member shall be elected by the voters of the entire county. Future commissioners must reside in district from which elected. Section 2. That all laws or parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed. Approved March 6, 1941.

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TITLE III. SOLICITORS-GENERAL. ACT. Stone Mountain ircuitSalary. STONE MOUNTAIN CIRCUITSALARY. No. 190. An Act to amend an Act of the General Assembly of Georgia approved August 19th, 1918. Georgia Laws 1918, page 390, An Act to abolish the fee system now existing in the Superior Courts of the Stone Mountain Judicial Circuit, as applied to the office of solicitor-general, and all fees now, heretofore or hereafter accuring to the office of solicitor-general in said circuit, in so far as the same 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 fines, forfeitures and fees, including insolvent costs, accruing to the office of solicitor-general in said judicial circuit; to impose certain duties upon the clerks of the Superior Courts of the counties composing said circuit, and upon the solicitor-general of said circuit in reference to the collection, payment and disposition of all funds, moneys and emoluments accruing to the office of 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. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the Act of the General Assembly of Georgia, Georgia

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Laws 1918, page 390, approved August 19th, 1918, be and the same is amended as follows; that Section Two of said Act be amended, by striking the figures $4,000.00 in lines three and thirty three where they appear in said Section Two, and by substituting in lieu thereof the figures $5,000.00, so that the same shall read when so amended as follows: Act of 1918 amended. Section 2. The salary of the solicitor-general of the said Stone Mountain Circuit shall be the sum of $5,000.00 per annum in addition to the salary of $250.00 per annum prescribed in Paragraph 1, Section 13, of Article 6 of the Constitution of this State, which said salary (additional to the constitutional salary of $250.00 per annum) shall be paid pro rata out of the general treasuries of the various counties composing said circuit, upon the basis of population; that is to say, each one of the counties composing said circuit shall pay such part or proportion of said salary as its population bears to the total population of all of the counties in said circuit, according to the official federal census of 1910, until the completion and promulgation of the next official federal census, and then in like manner according to such succeeding official federal census. It shall be and is hereby made the duty of the ordinary, county commissioners, or other authority having control of county matters, in each county of said circuit to cause the part or portion of said salary so assessed against each of said counties to be paid to said solicitor-general quarterly in each year, out of funds of said counties; that is to say, on the first days of April, July, October and January, and upon regular county warrants issued therefor; and it is further made the duty of said ordinaries, county commissioners, or other county authorities having control of county matters to make provision annually when levying taxes for expenses of courts, for the levying and collection of sufficient taxes, in their respective counties, for the purpose of paying the portion of said

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salary chargeable against their respective counties. Said salary of $5,000.00 and the constitutional salary of $250.00 shall be in full payment for all of the services of said solicitor-general for traveling and other expenses and for all sums paid out by said solicitor-general for clearical aid and legal assistants engaged and employed by him, except as provided in Section 5 of this Act. Salary of solicitor-general. Counties in circuit to pay pro-rata share. Tax. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 17, 1941.

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TITLE IV. STENOGRAPHIC REPORTERS IN COURTS. ACTS. Additional Compensation in Certain Circuits. Compensation in Certain Counties. Southwestern CircuitSalary Fixed. Waycross CircuitSalary Fixed. See also Part I.Title 5. ADDITIONAL COMPENSATION IN CERTAIN CIRCUITS. No. 406. An Act to provide additional compensation for the official stenographic reporter of Superior Courts of judicial circuits in the State of Georgia having a population in said circuits of not more than 76,610 and not less than 76,600, according to the 1940 Federal Census, and to specify the counties in said circuits to which the provisions of this Act shall not apply; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, in addition to the compensation already provided by law for court reporters, shall also be paid the sum of fifteen ($15) 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 purpose whatsoever wherein the services of such reporter is required, 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 of the State of Georgia. Additional compensation.

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Section 2. Provided, however, the provision of this Act shall only apply to court reporters of judicial circuits having a population of not more than 76,610 and not less than 76,600, as ascertained by the Federal Census of 1940. Provided, further, that the provisions of this Act shall not apply to any county or counties in said judicial circuits having a population by said census of not more than 15,615, and not less than 15,605. Neither shall the provisions of said Act apply to Franklin County. Applicable only to certain circuits. Section 3. 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 27, 1941. COMPENSATION IN CERTAIN COUNTIES. No. 251. An Act to regulate the salaries of stenographic reporters of the Superior Courts of all Judicial Circuits of this State in all Counties having therein a city with a population of not less than 50,000 or more than 55,000, according to the United States census of 1940, or that may hereafter have such population according to any future United States census; and to provide for the payment of such compensation out of the treasuries of such Counties; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the date of the approval of this Act the compensation to be paid to all stenographic reporters of the Superior Courts of all judicial circuits of this State in any County having therein a city with a population of not less than 50,000 and not more than 55,000,

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according to the United States census of 1940, or that may hereafter have such population according to any future census of the United Staates, shall be the sum of $250.00 per month for reporting all felony cases, and for transcribing the evidence in all felony cases wherein there is such conviction, and for reporting any and all other criminal cases tried in said court when ordered to do so by the Judge of the Superior Courts in such Counties. Said salary to be paid monthly out of the treasuries of such Counties as other court expenses are paid, and which compensation shall be in full for reporting and transcribing such cases herein specified, and for reporting such other criminal cases tried therein when so directed by said Judges in such Counties; and in all other Counties of the State such stenographic reporter or reporters shall receive compensation as now provided by law. Compensation of reporters. 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, 1941. SOUTHWESTERN CIRCUITSALARY FIXED. No. 129. An Act to provide a salary for the Official Court Reporter of the Southwestern Judicial Circuit; to provide for the collection and disposition of fees for reporting services rendered by such Reporter; to provide for the levy and collection of a tax by the authorities of the various counties comprising said circuit to pay the salary of said Official Court Reporter, and for other purposes. Be it enacted, by the General Assembly of Georgia, and it is hereby enacted by authority of the same as follows:

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Section 1. From and after the passage of this Act, the Official Court Reporter of the Southwestern Judicial Circuit shall be paid a salary of Three Thousand Dollars per annum, which salary shall be paid monthly on the first day of each month on the basis of Two Hundred and Fifty Dollars per month. Salary of court reporter. Section 2. The salary herein provided shall be paid pro rata out of the general treasuries of the various counties comprising the Southwestern Judicial Circuit upon the basis of population. Each one of the counties comprising said Circuit shall pay such part or portion of said salary as its population bears to the total population of all counties of said Circuit according to the official Federal census of 1940, until the completion and promulgation of the next official Federal census, and then in like manner, according to such succeeding Federal census, and so on according to each succeeding Federal census. Salary paid pro-rata from counties in the circuit. Section 3. It shall be the duty of the county authorities of the various counties comprising the Southwestern Judicial Circuit to make provision annually when levying taxes for expenses of Courts to levy and make collection of sufficient taxes in their respective counties for the purpose of paying the portion of said salary chargeable against the respective counties. Taxes for purpose of paying salary. Section 4. From and after the passage of this Act, the Official Court Reporter of the Southwestern Judicial Circuit shall make collection of all fees fixed by law arising from the reporting of cases in the Superior Courts and the City Courts situate in said Judicial Circuit and all fees arising from the transcript of proceedings had in such cases, and shall cover said fees into the treasury of the county in which the Court trying the case is situated. In the event such Reporter shall render reporting services in addition to those heretofore enumerated in this Section, the proceeds therefrom

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shall be pro-rated by him to the counties comprising the Circuit on the same basis as the salary herein provided for is pro-rated. Provided, however, that in the event such Reporter shall render reporting services without the limits of said Circuit, such Reporter is authorized to deduct from his remittance of the proceeds thereof expenses incurred by him in the rendition of such service. Said Reporter shall on the first day of each month make a report to the Treasurer or other legally designated custodian of funds of the various counties comprising said Judicial Circuit of all funds collected from cases tried in the respective counties during the preceding month, and of all other reporting services rendered by him, and shall accompany said report with a remittance of such funds collected from cases tried in the county to which the report is made, plus the particular county's pro rata portion of the proceeds from any additional reporting service rendered by him. A copy of the report to the County Treasury shall be furnished to the governing authorities of the various counties comprising the Circuit. It shall be the duty of the Treasurer or Custodian of funds in the various counties, to whom remittance is made, to execute and deliver to said Official Court Reporter a receipt for all funds remitted by him. Court reporter to pay fees into county treasury. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1941. WAYCROSS CIRCUITSALARY FIXED. No. 395. An Act to abolish the fee system now existing in the Superior Courts of the Waycross Judicial Circuit as applied to the office of Official Court Reporter, and all fees now,

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heretofore, and hereafter accruing to the office of Official Court Reporter of said circuit in so far as the same constitutes compensation attached to said office; to provide for the disposition of compensation and fees accuring to the office of Official Court Reporter of said circuit; to impose certain duties of the Clerks of the Superior Courts of the counties composing said cicuit in respect to the collection, payment, and disposition of all funds, moneys, and fees accuring to the office of Official Court Reporter; 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 Official Court Reporter, to provide that this Act shall not apply to the County of Bacon, 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. The fee system existing in the Superior Courts of the Waycross Judicial Circuit as applied to the office of the Official Court Reporter, and all fees now or hereafter accuring to the office of Official Court Reporter in said Judicial circuit be, and the same are hereby, abolished in so far as the same constitutes compensation of the said Official Court Reporter; and the Official Court Reporter of said judicial circuit shall hereafter be paid a salary as hereinafter provided in lieu of fees as under the present system. Salary in lieu of fees. Section 2. The salary of the Official Court Reporter of said judicial circuit shall be the sum of Two Thousand Seven Hundred and Three Dollars ($2,703.00) per annum, which salary shall be paid pro rata out of the general treasury of the various counties composing said circuit upon the basis of population; that is to say, each one of the counties composing the said circuit shall pay such part or proportion of said salary as its population shall bear to the official Federal

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Census of 1940, until completion and promulgation of the next official Federal Census, and so on according to each succeeding official census. It shall be, and is hereby made, the duty of the County Commissioners, or other authority having control of county matters in said counties, to cause the part or portion of said salary so assessed each of said counties to be paid to said Official Court Reporter quarterly in each year out of the funds of said counties, that is to say, on the first of April, July, October, and January, and upon the regular county warrants issued therefor; and it is further the duty of said County Commissioners, or other county authorities having control of county matters to make provisions annually when levying and collecting taxes for expenses of courts for the levying and collection of sufficient taxes in their respective counties for the purpose of paying the portion of said salary chargeable against their respective counties as hereinbefore set forth; and the power to levy taxes for such purposes is hereby delegated to said counties. Said salary of Three Thousand and 00/100 Dollars ($3,000.00) shall be in full payment for all services of said Official Court Reporter in reporting and transcribing cases tried in the Superior Courts of said counties. Salary paid pro-rata by each county. Section 3. Be it further enacted by the authority aforesaid that it shall be the duty of said Official Court Reporter to report all felony cases tried in the Superior Courts of the counties composing said judicial circuit, and in all cases of conviction to file with the Clerk of the Superior Court in which the cases are tried transcript of the evidence and charge of the Court; and it is further the duty of said Official Court Reporter to report such misdemeanor and civil cases as he shall be directed by the presiding judge to report, and to file with the Clerk of the Superior Court an estimate of the number of words in the cases reported. Any party desiring a transcript of the evidence and charge of the Court in such misdemeanor or civil cases shall make payment for such transcript at the rate of twelve (12) cents

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per hundred words to the Clerk of the Superior Court, who shall certify to the Official Court Reporter that such payment has been made; whereupon it shall be the duty of the Official Court Reporter to prepare and deliver such transcript to the Clerk of the Superior Court. Such fees shall be paid into the county treasury on or before the first day of the calendar month after collection is made. Duties of court reporter. Section 3A. None of the provisions of this Act shall apply to Bacon County. It is further provided that the fee system existing in the Superior Courts of the Waycross Judicial Circuit as applied to the office of the official Court Reporter, and the schedule of fees and compensation prescribed under existing laws, shall remain the same with respect to Bacon County. Not applicable to Bacon county. Section 4. Be it further enacted by the authority aforesaid that this Act shall take effect as of the first day of April, 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 27, 1941.

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PART III.CORPORATIONS.

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TITLE I. MUNICIPAL CORPORATIONS. ACTS. Abbeville Charter Amendments. Adel Tax Collector. Albany Charter Amendments. Americus Ad Valorem Tax. Andersonville City Charter. Arlington Specific Tax. Athens Board of EducationPower to Sell Property. Atlanta Ad Valorem Taxes. Atlanta Budget Commission. Atlanta Charter Amendments. Atlanta Charter Sections Repealed. Atlanta Elections and Vacancies. Atlanta Furlough for Draftees. Atlanta Officers and Employees Salaries. Atlanta Pension to Mrs. Leonard. Atlanta Police Sick Leave Compensation. Atlanta Sale of Property. Atlanta Territorial Extension. Attapulgus Charter Amendments. Augusta City Attorney. Augusta Civil Service Act Amended. Augusta Civil Service CommissionAmendments. Augusta Commissioner of Public Safety. Bainbridge Zoning and Planning. Ball Ground Town Charter. Barnesville Charter Amendments. Baxley Board of EducationAmendment. Baxley Board of Education. Blairsville City Charter. Bogart Charter Amendments. Bowdon Registration for Elections. Bowdon Zoning and Planning. Bremen Limits ExtendedReferendum. Brunswick Charter Amendments. Brunswick Port and Harbor Limits Defined. Buford City Manager. Byron Town Charter. Cairo Condemnation of Property. Cairo Elections and Voters. Cairo Zoning and PlanningReferendum. Camak Elections. Camilla Zoning and Planning. Canton Board of Education. Canton Charter Amendment. Canton Zoning and Planning.

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Canton Zoning and Planning. Chipley Elections. College Park Charter Amendments. Colquitt Livestock Control. Columbus Ad Valorem Tax. Columbus City Hospital Additional Authority. Columbus Erection of Passenger Station. Columbus Operation of Passenger Station. Columbus Retirement Pensions. Commerce Bowling Alleys Licensed. Cordele Zoning and Planning. Covington Charter Amendments. Covington City ManagerReferendum. Darien Street Closing. Darien Taxes. Decatur Limits Extended. Decatur Limits Extended. Decatur Zoning. Diffee Charter RepealReferendum. Doerum Qualified Voters. Donalsonville Charter Amendments. Douglas Charter Amendments. Douglas City ManagerReferendum. Douglasville Water and Sewer Authority. Douglasville Zoning and Planning. Dublin Limits ExtendedReferendum. Dublin School Budget. Dublin Tax Commissioner. Duluth TaxesReferendum. East Ellijay City Charter. Eatonton Board of Education Established. Elberton City Manager. Elberton Zoning and Planning. Ellijay Charter Amendments. Fairburn Charter Amendments. Fitzgerald Charter Amendments. Flemington City CharterReferendum. Forrest Park Candidates Must Specify Opponents. Forsyth Charter Amendments. Gainesville Retirement Fund. Garden City Charter. Gordon Special TaxReferendum. Griffin Board of EducationPensions. Griffin Retirement Pensions. Griffin Zoning and Planning. Helena Elections and Terms. Hinesville City Limits and Taxing Power Defined. Hinesville Zoning and Planning. Hiram Taxes. Hogansville City CharterReferendum. Jefferson Elections and Terms. Jesup Charter Amendments. Jonesboro Charter Amendments. Kingsland Territorial Limits. Kingsland Zoning and Planning.

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LaFayette Charter Amendments. LaFayette Zoning and Planning. Macon City OfficersElection and Duties. Macon Mayor's Term and Duties. Macon Street ClosingConveyance of Title. Marietta Limits Extended. Marietta Mayor's Court Authority Delegated. Marietta Sewerage and Water Works SystemTreasurer. McCaysville City Charter. McRae Street Improvements. Menlo Paving and Assessments. Milam Elections and Licenses. Monroe Charter Amendments. Moultrie Charter Amendments. Newnan Mayor Pro TemCompensation. Pine Lake Tax Assessments. Riverdale Elections and Terms. Riverside Mayor and Alderman's Appointment and Election. Rockmart Charter Amendments. Rockmart Limits Extended. Rome Charter Amendments. Sandersville City Charter. Santa Clause City Charter. Savannah Armstrong Junior College Building. Savannah Beach Charter Amendments. Savannah Mayor's Pension and Police Chairman's Salary. Savannah PensionsAct Amended. Savannah Port AuthorityAdditional Powers. Savannah Street Closing. Social Circle City Clerk and Treasurer. SpringfieldWardenContract Authority. Statesboro Taxes. St. Mary's Streets and Riparian Rights. St. Mary's Zoning and Planning. Summerville Charter Amendments. Swainsboro Mayor's Election and Terms. Temple Charter Amendments. Tennille Board of Water Commissioners Abolished. Toccoa Water Lines Extended. Van Wert Taxes. Villa Rica City Charter. Wrightsville Charter Amendments. ABBEVILLE CHARTER AMENDMENTS. No. 105. An Act To amend an Act entitled An Act to reincorporate the Town of Abbeville as the City of Abbeville, and to confer additional powers on said corporation; and to codify, amend and supersede all previous Acts incorporating the Town of Abbeville, and granting a new

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charter to the said Town, under the name of the City of Abbeville, and for other purposes; So as to provide that the term of the office of the Mayor of the City of Abbeville shall be for two years instead of one year and that the salary of the City Clerk and Treasurer shall be fixed by the Mayor and council of the City of Abbeville, and to further provide that no one shall be eligible for any office in the City of Abbeville who has not paid all taxes due the City of Abbeville, and to amend and supersede all acts in conflict herewith. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That an Act entitled An Act to reincorporate the Town of Abbeville as the City of Abbeville, and to confer additional powers on said corporation, and to codify, amend and supersede all previous Acts incorporating the Town of Abbeville, and granting a new charter to said town, under the name of the City of Abbeville, and for other purposes; and all Acts amendatory thereof be, and the same are hereby amended, and superseded insofar as they conflict with this Act, in the following particulars, to-wit: Act amended. Section 2. Be it further enacted by the authority aforesaid that there shall be a Mayor of said city who shall be elected at an election to be held for that purpose in the City of Abbeville under the regulations already provided for, which election shall be held on the second Tuesday in December, 1942 and on the second Tuesday in December every two years thereafter. That the present mayor shall hold office until January 1, 1943 and that his successor who is to be elected in said election on the second Tuesday in December, 1942 shall take office on the 1st day of January, 1943 and shall hold office until the 1st day of January, 1945 and until his successor is elected and qualified, and that in like manner, there shall be held an election in the City of Abbeville for Mayor of said city on the second

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Tuesday in December every two years, which Mayor shall take office on the 1st day of January following said election, and shall hold office for two years and until his successor is elected and qualified. Mayor's election. Section 3. Be it further enacted by the authority aforesaid that the salary of the Clerk and Treasurer of said city shall be fixed by the Mayor and City Council and that said salary may be fixed monthly or on a yearly basis, as said Mayor and City Council may see fit to do, and said Mayor and City Council of the City of Abbeville shall have the right to change said salaries at any time said Mayor and City Council see fit. Salary of clerk and treasurer. Section 4. Be it further enacted by the authority aforesaid that no one shall be eligible to hold any office in said city of Abbeville who has not paid to said City all taxes due by such person to said City of Abbeville that he has opportunity of paying. City taxes must be paid. 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 26, 1941. ADEL TAX COLLECTOR. No. 238. An Act To amend an Act approved July 29, 1919, entitled An Act to incorporate the City of Adel; to provide that all valid contracts heretofore entered into by the town of Adel, or the mayor and council of the town of Adel, shall be good and valid for or against the City of Adel; to provide that all property now held and owned by the town of Adel, or the mayor and council of Adel, shall be and become the right and property of the City of Adel, and that all rights and liabilities of the town of Adel, or

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the mayor and council of Adel, shall accrue to and against the City of Adel; to provide that all ordinances of the town of Adel, or the mayor and council of Adel, not in conflict with this charter, shall be valid and enforcible as ordinances of the City of Adel; to define the limits of the City of Adel; to provide for a mayor and councilmen and other officers of said city, and to prescribe their powers and duties, and the manner of their election; to provide for streets and sidewalks, and the working or paving of the same; to provide for a system of sanitary sewage; to provide for a system of water works and electric lighting system; to declare and define the police powers of said city, and to provide for all matters of municipal concern and cognizance; to provide for taxation or granting of licenses to all kinds of business, trades and professions, and to grant a charter to said city under the corporate name of the City of Adel, and for other purposes., so as to authorize the mayor and council to designate some person as Tax-Collector for said City of Adel, and place all tax executions, tax deeds, and other papers evidencing indebtedness for taxes in the hands of such Tax-Collectors, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that the charter of the City of Adel, as contained in an Act to incorporate the City of Adel; to provide that all valid contracts heretofore entered into by the town of Adel, or the mayor and council of the town of Adel, shall be good and valid for or against the City of Adel; to provide that all property now held and owned by the town of Adel, or the mayor and council of Adel, shall be and become the right and property of the City of Adel, and that all rights and liabilities of the town of Adel, or the mayor and council of Adel, shall accrue to and against the City of Adel, to provide that all ordinances of the town of Adel, or the mayor and council of Adel, not in conflict with this charter, shall

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be valid and enforcible as ordinances of the City of Adel; to define the limits of the City of Adel; to provide for a mayor and councilmen and other officers of said city, and to prescribe their powers and duties, and the manner of their election; to provide for streets and sidewalks, and the working or paving of the same; to provide for a system of sanitary sewage; to provide for a system of water works and electric lighting system; to declare and define the police powers of said city, and to provide for all matters of municipal concern and cognizance; to provide for taxation or granting of licenses to all kinds of business, trades and professions, and to grant a charter to said city under the corporate name of the City of Adel, and for other purposes., approved July 29, 1919, and all amendments thereto, be and the same is hereby amended as follows: Section 1. At the end of section 20 of said act, the period is stricken and a semi-colon placed in lieu thereof, and the following added provided, however, that the Mayor and Council of the City of Adel may designate any suitable person acceptable to them as Tax-Collector of the City of Adel: that such person may be an officer of the said City of Adel, or some person other than an officer; That the Mayor and Council of said City of Adel, may by proper ordinance, require that all tax executions, tax deeds, and any and all papers relating to the tax matters of the City of Adel, be turned over to such Tax-Collector to be handled by him in accordance with the instructions of said Mayor and Council; that the Mayor and Council may designate what costs and/or fees and/or salary such Tax-Collector may receive. Tax collector provided. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 24, 1941.

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ALBANY CHARTER AMENDMENTS. No. 24. An Act To Amend an Act establishing a new charter for the City of Albany, Georgia, approved August 18, 1923, and several Acts ameindatory thereof, so as to empower and authorize the City of Albany, Georgia, to extend the water mains, pipes and appliances and to have and maintain pumps, reservoirs, and all necessary appliances by which water is collected and distributed, and to do this without the limits of the City of Albany and to extend its services without the limits of the City of Albany, under such provisions or regulations as the Board of Water, Gas and Light Commissioners of the City of Albany may see fit to establish; and to provide that the police power, for police purposes only, shall be extended and increased so as to include supervision and protection over the properties of the City of Albany without the limits of the City; that the police court jurisdiction shall be extended to such areas as the city of Albany may extend its facilities under this Act; to furnish fire protection without corporate limits under such rules, regulations and charges as Board of City Commissioners may prescribe; and for other purposes. Section 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 establishing a new Charter for the City of Albany, approved August 18, 1923, and the several Acts amendatory thereof, be, and the same are hereby amended as follows: By adding to Section 34, paragraph (13) the following, to-wit: Act of 1923 amended. The City of Albany is further authorized to extend the water mains, pipes and appliances of its system of water works, and, also, to errect and maintain pumps, reservoirs, and all necessary appliances by which water is collected and

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distributed without the limits of the said City, and, further, to extend its system of water works without the limits of said City, under such regulations as the Board of Water, Gas and Light Commissioners of the City of Albany may see fit to establish, and to classify rates to be charged in such area beyond the City Limits. Extension of water works systems. Section 2. That said Act be further amended by adding another paragraph to Section 34, and to read as follows: To furnish fire protection without the corporate limits of Albany under such rules, regulations and charges as the Board of City Commissioners may by Ordinance prescribe. Fire protection extended. Section 3. That said Act be further amended by adding to Section 2 the following, to-wit: That the limits of the City of Albany, for police purposes only, be and the same are hereby extended so as to include supervision and control over the properties of said City, including its water works system without the limits of the City. The jurisdiction of the Police Court shall include power over offenses, matters or things effecting any of the City's properties, including its water works system without the limits of the City. Police court extended. Section 4. That all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 11, 1941. AMERICUS AD VALOREM TAX. No. 237. An Act To Amend an Act entitled An Act to amend, revise and consolidate the several Acts granting corporate authority of the City of Americus, to confer additional power upon the Mayor and City Council of Americus,

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and for other purposes, and especially an Act approved August 20th, 1923, authorizing the Mayor and City Council of Americus to assess, levy and collect an ad valorem tax for specified purposes and fix the amount of same for each purpose, and for other purposes: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, that an Act approved August 20th, 1923, amending the Charter of the City of Americus, which Act was approved November 11th, 1889, be and the same is hereby amended as follows: Act of 1923 amended. Paragraph 1By striking the whole of the first paragraph of sub-section C of Section 23 in paragraph one of said Act approved August 20th, 1923, and inserting in lieu thereof the following: To pay all other expenses and to pay all indebtedness of said City of Americus, and of the Mayor and City Council of Americus, including principal and interest on all bonds now issued and outstanding or hereafter issued, and including the indebtedness (commonly called floating indebtedness) a tax not to exceed seven mills on each dollar of the value of the property taxable in said city, which said seven mills shall be divided as follows: Five mills shall go to the Bond Commission for the retirement of Bonds, both principal and interest, as aforesaid, and two mills shall go to the General Fund of said City of Americus for the retirement of said floating indebtedness. 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 March 24, 1941.

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ANDERSONVILLE CITY CHARTER. No. 413. An Act To create a new charter for Andersonville in the County of Sumter, State of Georgia, heretofore made a body politic and corporate by Superior Court certificate of incorporation granted January 18, 1881, as provided in Section 777 of the Code, and to re-incorporate said city, extend, and define limits thereof; to provide that ordinances, rules, and regulations of said city, now in force, not in conflict with this Act, be preserved and continued in full force and effect; to provide a system of municipal governments for the City of Andersonville; to create and regulate such municipal governments for said city; to define the rights, powers and duties of the same; to create municipal officers; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That from and after the passage and approval of this Act, the inhabitants of the territory hereinafter set out in this Act as the boundary of said City of Andersonville, and who reside within said boundary of the City of Andersonville, be, and they are, hereby incorporated under the name and style of the City of Andersonville, and the said City of Andersonville is hereby chartered and made a city under the corporate name of the City of Andersonville, and by that name shall have perpetual succession, and is hereby invested with all the rights, powers and privileges incident to municipal corporations in this State, and all rights, powers, titles, property, easements and hereditaments, within or without its limits shall be vested in the said City of Andersonville; and the said City of Andersonville as incorporated in this Act may in its name sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, make and enact

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through its Mayor and Council all such ordinances, by-laws, rules, regulations and restrictions for the transaction of its business, peace, good order, health, welfare and proper government of said city as to said Mayor and Council seem best and consistent with the Constitution and laws of the United States. And the said City of Andersonville shall have the right and power to purchase, hold, rent, lease, sell, exchange, enjoy, possess and retain in perpetuity or for a term of years, any property, estate or estates, real or personal, lands, tenements and hereditaments of whatsoever kind within or without the limits of said city for corporate purposes. Said City of Andersonville as incorporated under this Act, shall succeed to all rights of, and is hereby made expressly responsible as a body corporate for all legal debts, liabilities and undertakings of its Mayor and Council, as a body corporate heretofore under Superior Court certificate granted January 18, 1881. City of Andersonville incorporated. Section 2. Be it further enacted that the corporate limits of the City of Andersonville, shall, commencing at a point at the Southeast corner 398 yards North of the North end of Sweetwater Creek Bridge on Highway No. 49, and extending North along said Highway No. 49 one (1) Mile to the North line which northern line is to run due West one (1) mile and one-quarter () mile to the west line, which western line is to run due South one (1) mile to the South line which Southern line shall run due east one (1) mile and one-quarter () mile to the starting point, and each corner being marked by a Granite Slab. Corporate limits. Section 3. Be it further enacted that the municipal government of said City of Andersonville shall be vested in a Mayor and five (5) Councilmen; that the present Mayor and Councilmen shall hold their offices for the full time for which they were elected, and shall have power and authority to exercise all the rights and powers granted under

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and by virtue of this charter, and shall hold their offices until their successors are elected and qualified. Mayor and councilmen. Section 4. Be it further enacted that there shall be held on the first Saturday in December, 1941, an election at which election a Mayor and five (5) councilmen shall be elected; the terms of the Mayor, who shall be elected at said election, shall be for two (2) years from the first Thursday in January, 1942, and the two Councilmen who receive the highest number of votes at said election shall hold office for a term of two years from the first Thursday in January, 1942, and the remaining three (3) Councilmen elected shall hold office for a period of one (1) year from the first Thursday in January, 1942. On the first Saturday in December, 1942, an election shall be held, at which election three (3) Councilmen shall be elected to hold office for a term of two (2) years, and thereafter there shall be held annually on the first Saturday in December of each year an election, at which election there shall be elected officers to fill the terms expiring on the first Thursday in January thereafter; all officers shall hold their offices until their successors are elected and qualified. On the first Thursday in January, 1942, or as soon thereafter as practicable, the Mayor and Councilmen-elect shall meet at the usual place for holding council meetings in said City of Andersonville, and then shall 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 Andersonville for the ensuing term, and that I will faithfully enforce the charter and ordinances of said City of Andersonville 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 and any Councilman be absent from said meeting, he or they may take said oath of office as soon thereafter as possible. The

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Mayor and Councilmen shall provide by ordinances for regular meetings, not fewer than one each month, and may hold such special meetings as the business of said city may require, to be convened as provided by ordinance. In the event the office of Mayor or any one of the Councilmen may become vacant by death, resignation or removal from the town or otherwise, the Mayor and Council, or in the case the Mayor's office is vacant, the Council shall order an election for the purpose of filling the vacancy and vacancies by giving such notice as will be provided by ordinance, and the election shall be held, returns made, and results declared in the same manner as in the regular elections for Mayor and Councilmen as hereinafter prescribed: Provided, that should the vacancy or vacancies occur within sixty (60) days preceding the regular election in said city, then and in that event the vacancy or vacancies may be filled by the Mayor and Council or the Mayor pro tem., in the case of the vacancy in the Mayor's office, and Council; the person so selected shall be duly empowered and qualified to fill the vacancy until the regular election. Election. Oath. Meetings. Vacancy in office. 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 will be clothed with all the power vested in the duly elected Mayor. Should the Mayor or any one of the Council fail or refuse to perform the duties of his office for the period of two consecutive months, the office may be, in the discretion of the Council or the Mayor and the remaining members, declared vacant by resolution, and the vacancy filled as provided: Provided, the failure or refusal is not from providential causes. Mayor pro-tem. Section 5. Be it further enacted by the authority aforesaid, that the Mayor and Council shall have the right to pass such rules and regulations governing all elections held

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in said town as may be necessary when not in conflict with this Act. All elections shall be superintended and managed by three qualified voters of said town who are freeholders, who shall be appointed by the Mayor and Council, or by the Chief Chief of Police or Marshall upon their failure to do so, and each of said managers before entering upon his duties shall take an oath before some judicial officer duly qualified to administer oaths, that he will faithfully and impartially conduct said election, and will prevent all illegal voting. Said managers shall cause two lists of voters and two tally sheets of each elections to be kept at each of the designated voting places. The polls shall be open for voting at 9:00 o'clock a. m. and close at 3:00 p. m., according to central time. Holding of Elections. Polls open from 9:00 A. M. to 3:00 P. M. Section 6. Be it further enacted by the authority aforesaid, that after the votes have been counted by the managers and they shall certify as being true and correct, two lists and two tally sheets, then they shall take the two tally sheets, the registration list and the two voters' lists and seal them up, and then each of said managers shall write with ink his name across the seal or wrapper of said package and then they shall take the ballots and seal them up in a separate package or box and each of the said managers write his name across the seal or wrapper of said package and thereupon the two packages to be delivered to the town clerk and be kept by him until ordered by the mayor and council to destroy them in their presence, as hereinafter provided. Votes counted. Section 7. Be it further enacted by the power aforesaid, that should any contest arise over any said elections for Mayor and councilmen or any other election held in said town, the same shall be determined and disposed of as provided by Section 125 of Volume 1 of the Code of Georgia, 1910, and the other general laws of the State governing the question of contests arising over the election for

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municipal officers. Anyone desiring to contest the results of any election, such contestant shall file with the Ordinary of Sumter and also with the Clerk of the City of Andersonville within three days after the said election a notice that he desires to contest said election, and that at the same time deposit with the Ordinary of Sumter County the sum of $5.00 as advanced costs to be credited upon the eventual cost bill of said contest. That within two days after notice is served upon him said Ordinary shall cause a copy of said notice to be served by the sheriff or his deputy on the contestee, if such contest is for any office and if the result of any election in any question as submitted is contested, then said Ordinary shall cause notice to be served. Contest of election. Section 8. Be it further enacted by the authority aforesaid, that should any citizen, voter or candidate of said town desire to challenge the vote of any voter offering to vote in any municipal election, such citizen or other person shall furnish to the election managers a list of voters' names he desires to challenge, and stating in such writing the grounds for challenging each voter, and thereupon it shall be the duty of the election managers to write across the back of such ticket as may be challenged the word Challenged, and said managers shall count said votes so challenged but in the report made by them to the mayor and council they must specify each vote challenged and shall attach such written challenge to their report as may be filed, and before declaring the results of said election it shall be the duty of the mayor and council to give all parties interested at least three days' notice of the time and place of hearing, and at such hearing they shall have submitted to them all evidence bearing on the qualification of the voter or voters, and if in their discretion and opinion such challenged voter or voters if not entitled to a vote they shall throw out such ticket of such voter or voters as they deem proper and then declare the results of eliminating such challenged voter or voters, but if in the opinion of the mayor and council

Page 1019

such challenged voter or voters were duly qualified to vote, then they shall declare the results as shown by the report of said managers. Vote challenge. Section 9. Be it further enacted by the authority aforesaid, that after the expiration of sixty days from the date of said election the mayor and council shall order the clerk of said council to burn up the ballots of said election in their presence without examining them or allowing the same to be done; provided no written notice of a contest shall have been filed as provided by this Act. Ballots to be destroyed after 60 days. Section 10. Be it further enacted by the authority aforesaid, that any person who is a citizen of the United States and who is eligible to vote for members of the General Assembly of Georgia, shall be eligible to any office of said City of Andersonville; Provided, such person is twenty-one years of age and has resided in the State of Georgia for twelve months and in the Town of Andersonville for six months next previous to election: Provided they are qualified to vote in the City of Andersonville, as provided in this Act. Eligibility to hold office. Section 11. Be it further enacted, that all persons qualified in the State for members of the General Assembly, and who shall have paid all taxes legally imposed and demanded by the authorities of said city, and who shall have resided in said city sixty days prior to the election at which they offer to vote, and who shall have registered as required by the registration laws or ordinances of said city, shall be qualified to vote at any election held under the provisions of this charter. Eligibility to vote. Section 12. Be it further enacted, that it shall be the duty of the clerk of said city, upon the first Monday in November in each year, to open a registration book for the purpose of registering the qualified voters of said city. Said book shall be kept open at such hours as the Mayor and Council shall direct, each and every day (Sundays and

Page 1020

legal holidays excepted) until the Monday before the first Saturday in December, when it shall be fairly and absolutely closed. Registration of voters. Said clerk shall not knowingly allow anyone to register who is not lawfully qualified to do so, and shall in every case before registering the applicant administer to him the following oath: You do solemnly swear that you are a citizen of the United States and of the State of Georgia; that you have resided in this State for twelve months, in this county for six months, and in Andersonville sixty days next preceding this registration, or that by date of next city election, if then a resident you will have done so, and that it is your intention to remain a resident until said day of election; that you are twenty-one years of age or will be so prior to said election; that you have paid all taxes required by the laws of this State, except taxes for this year, so help you God. It shall be the duty of the clerk to prepare a list of said names of registered voters after it has been purged by the mayor and council, in alphabetical order, certified under his official signature and seal of office, at or before the polls are open. The managers shall keep said list before them during the election and shall not permit anyone to vote in said election whose name does not appear thereon, and when said election is over, it shall be the duty of said managers to return said list to the clerk, to be by him safely kept and preserved. The registration for whites and colored shall be kept separately. For any intermediate or special election in said city for any purpose, the clerk shall open the registration book at least sixty days before the date fixed for said election and shall close same twenty days before said election and prepare and furnish the registration list as hereinbefore provided. Notice of the opening of the registration books for all elections shall be given in such manner as the Mayor and Council shall prescribe, at least twenty days before the closing thereof. Should the name of any person qualified to vote in any

Page 1021

election, and who registered therefor with the clerk in due time and form, be accidentally omitted from the registration list furnished the managers of said election, the clerk of said city may certify under his official signature and seal to such accidental omission to place his name on the list, and that he was duly and legally registered in due time and form before the registration books were closed, and thereupon by filing said certificates with the managers, such person shall be allowed to vote. Any person voting in any election held in said city, who is not qualified to vote therein, under the provision of this Act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by the State for illegal voting. After said registration books are closed, and prior to the day of any election for which said registration is had, the Mayor and Council shall examine, revise and purge said list, as made up and returned to it by the clerk, of all illegally registered voters or persons disqualified from voting for any lawful reason; provided that before removing any name therefrom, written notice shall be served upon the person or persons deemed disqualified, at least twelve hours before the final hearing thereon by the Mayor and Council, that such person may show cause, if any, why such action should not be taken. Section 13. Be it further enacted, that at the first regular meeting of the Mayor and Council, which shall be held on the first Monday in January, or as soon thereafter as practicable, after the regular municipal election of each year in December, for the purpose of reorganization, at which time the Council shall elect one of their number Mayor pro tem., also, at said meeting, elect a city clerk, a treasurer, a marshal, who may be chief of police, and as many policemen as in their judgment is necessary; a city attorney, if they deem one needed, a superintendent of waterworks, and such other employees of said department, and such other city officers as the Mayor and Council shall deem necessary in the government of said town, to be fixed

Page 1022

by ordinance. Each of said officers shall take such oaths of office, give such bonds, and perform such duties as shall be fixed by ordinance: Provided, all official bonds shall be made payable to the City of Andersonville. Said Mayor and Council shall have power and authority in their discretion to suspend and remove such officer from office or impose such fines on said officers; provided that before removal or fine, said officer shall be entitled to a hearing before the Mayor and Council, on the charges preferred, under such rules as the Mayor and Council may fix. It shall be the duty of the Mayor and Council prior to their election, to fix the salaries, fees, or compensations of all officers, agents or employees of said city, which when once fixed shall not be changed during the term of office of said officer, agent or employee. All of said officers, agents and employees shall be elected for the period of one year, and until their successors are appointed, elected and qualified. City officers elected. Section 14. Be it further enacted, that the Mayor or Mayor pro tem. and three Councilmen shall constitute a quorum for the transaction of business the majority of the votes cast shall determine the question before them; provided, that the Mayor or Mayor pro tem., if he is presiding in the absence of the Mayor, shall vote only in case of a tie vote, and provided, further that all votes making appropriations or authorizing the expenditure of city funds, or fixing the salaries of officers, agents or employees, shall be by the ayes and nays, duly recorded upon the minutes; and may demand the aye and nay vote, and on such demand the vote shall be taken and recorded on minutes. The Mayor or Mayor pro tem., when performing the duties of Mayor, shall have a veto power, and may veto any resolution or ordinance passed by the council in which event the same shall not become a law or have the effect of a law, unless subsequently and at the regular meeting thereafter, it shall be passed over his veto by a two-thirds vote of the entire council duly recorded on the minutes; but unless he

Page 1023

shall file in writing with the clerk of the city, his veto of any measure passed by the council, with his reasons for withholding his assent, within three days after its passage, the same shall become a law just as if signed and approved by the Mayor, but he may approve the same in writing and the measure shall go into effect immediately. Quorum. Section 15. Be it further enacted, that the mayor shall be the chief executive officer of the town or village; he shall take care that the orders, by-laws, ordinances, acts and resolutions of the council are faithfully executed; he shall be ex-officio Justice of the Peace within the town or village; shall, within the same, possess and exercise all the powers and duties vested by law as a Justice of the Peace, except that he shall have no jurisdiction as such in criminal cases. He shall have control of the police of the town or village, and may appoint special officers whenever he deems it necessary, and it shall be his duty especially to see that the peace and good order of the town or village are 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 in the town or village before issuing his warrant therefor. He shall have power to issue executions of all fines, penalties and costs imposed by him, or hemay require the immediate payment thereof, and in default to the jail or the county in which such town or village is situated, or other place of imprisonment in such corporation, if there be one until the fine, or penalty, or costs shall be paid, but the term of imprisonment in such case shall not exceed thirty days. In the absence from the town or village, or sickness of the mayor, any one of the councilmen, selected by the majority, shall perform his duties and be invested with all his powers. Mayor's duties. Section 16. Be it further enacted, that it shall be lawful for the marshal, or any police officer of said city, to arrest without warrant any person or persons within the

Page 1024

corporate limits of said city, who at the time of arrest, or before that time, has or have been guilty of violating any ordinance of said city, or who he has reasonable belief or reliable information has or have been guilty, and to hold such persons so arrested until a speedy hearing of the matter before a proper officer can be had, and to this end said arresting officers are authorized to imprison and confine any person arrested by them in the city prison, or in the jail of Sumter County, for a reasonable length of time. The marshal and the police officers of said city are authorized to the same extent as sheriffs of this State to execute warrants placed in their hands charging any person with violating the criminal laws of this State. The marshal and police officers of said city are also authorized to arrest anywhere in the State any person charged with violating any ordinance of said city; provided, when the arrest is not made within twenty-four hours after the offense is committed, said marshal and police officers are not authorized to arrest the offenders outside the corporate limits of said city, except in obedience to written warrant signed by the Mayor, Mayor pro tem. or acting Mayor. Said marshall and police officers may take bonds for the appearance of any person arrested by them for violations of city ordinances before the police court for trial and all such bonds may be forfeited as hereinafter provided for forfeiture of appearance bonds by the Mayor, Mayor pro tem., or acting Mayor. The Mayor and Council of said city shall have power and authority to authorize and enforce the marshal or any police officer of said city to summon any or all by-standers to aid in the arrest of any person or persons violating any ordinance of said city or any criminal law of this State, and to provide punishment for any person or persons failing or refusing to obey said summons. Arrests and warrants. Section 17. Be it further enacted, that the Mayor and Council shall have the power and authority to establish and prescribe by ordinance a fee and cost bill for the officers

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of said city, which said fees and cost when collected shall be paid into the city treasury and an accurate account kept thereof. All compensation of any paid officer or official of said city shall be by salaries, fixed by ordinance, and regularly drawn from the treasury by the customary warrants, and no officer of said city shall receive or be entitled to receive any other compensation than as so fixed, nor any part of the fees or cost as above provided. Compensation. Section 18. Be it further enacted, that the Mayor, or in his absence or disqualification, the Mayor pro tem., or in the case of the absence or disqualification of both the Mayor and Mayor pro tem., any Councilman of said city, to be designated by writing by any other two Councilmen, may hold and preside over a court in said city to be called a Police Court, for the trial of all offenses against the laws and ordinances of said city, to be held as often as necessary or at such times as may be fixed by the Mayor and Council. Said Police Court shall have power and full authority to preserve order, compel the attendance of witnesses, order and compel the production of books and papers to be used as evidence and to punish for contempt, or disobedience to any of the mandates. Said court shall have full authority and power to punish, after conviction, all violations of the charter or any ordinance of said city by fine not to exceed $100.00 by imprisonment in the city prison not to exceed fifty days, and to work upon the streets of said city in the city chain-gang or at any other public works as the Mayor or Mayor pro tem. or presiding Councilman may direct, not to exceed sixty days; any one or more of these punishments may be inflicted by the Mayor or Mayor pro tem., or presiding Councilman in his discretion, and the fines imposed may be collected by execution. The Mayor or Mayor pro tem., or presiding Councilman, as the case may be, shall have full power and authority in said police court, if the offense charged against the prisoner be beyond his jurisdiction, to examine into the facts of the case, or if

Page 1026

upon the trial of any offender by the aforesaid court, it develops from the evidence that he or she is probably guilty of a violation of any criminal law of this State, to commit the offender or offenders to jail, or bail them, if the offense is liable by a justice of the peace, to appear before the next Superior Court in Sumter County. Police court. Section 19. Be it further enacted, that the Mayor, Mayor pro tem., or the presiding councilman, when any person or persons be arraigned before the police court for a violation of any of the city ordinances, rules or regulations, may, for sufficient cause shown by either side, continue the hearing to such time as the case may be required to give bond and security for his or her appearance at the appointed time for trial, or may be imprisoned to await trial. If such bond be given and the accused fail to appear at the time fixed for trial, the bond may be forfeited by the Mayor, Mayor pro tem., or presiding Councilman, and an execution issued thereon after serving the defendant, if to be found, and his security with a rule nisi at least five days before the hearing of said rule nisi require him or them to show cause why said bond should not be forfeited. Hearing and bond. Section 20. Be it further enacted, that any party being dissatisfied with the fine or penalty of the Mayor, Mayor pro tem. or presiding councilman, shall have the right to enter his appeal to the council; provided, that same is done within twenty-four hours after trial by said Mayor. All parties being dissatisfied with the penalty, fine or forfeiture as exacted by the Mayor shall have the right to have same reviewed by certiorari; provided, same is done within thirty days from the final administration of said case. Appeals and certiorari. Section 21. Be it further enacted, that the Mayor and Council shall at their first meeting in January, 1942, elect a Board of Tax Assessors for said city, to be composed of three citizens, qualified voters and freeholders in said city, whose duty it will be to annually assess the true cash market

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value of all real estate situated in said city, subject to taxation, and to make returns of same to clerk of council at such times as may be fixed by ordinance by Mayor and Council. At the first election under the provisions of this charter, one of the assessors shall be elected for one year, one for two years and one for three years, and as these terms expire their successors shall be elected for terms of three years. Vacancies in said board shall be filled by the Mayor and Council as they occur. Each member of said board shall receive such compensation as shall be fixed by the Mayor and Council, and to be paid as ordered by the Mayor and Council, after the work of assessment of the year has been completed. Each assessor before entering upon his duties, shall take and subscribe the following oath: I do swear that I will faithfully and impartially without fear or favor, discharge the duties of tax assessor of the City of Andersonville, and assess all property in said city, subject to taxation, at its true cash market value, to the best of my skill and knowledge, so held me God. Board of tax assessors. Section 22. Be it further enacted, that persons making their returns shall be required to return the value of their real and personal property with a correct and full description of the same, which description shall be filed with the clerk of the council for use by said Board of Assessors. Returns and description. Section 23. It shall be the duty of said Tax Assessors to assess the value of all real estate and personal property in said city for the purpose of taxation by said city, and it shall be their duty to examine the tax returns placed before them by the official receiving the same and increase the value of the real estate or personal property when in their judgment the value placed thereon by the taxpayers is too small. It shall be the duty of all owners of real estate and personal property to make returns as hereinafter provided at its cash market value, and if any person shall fail or refuse to make such return of any of their real estate or personal property within said city by the first day of July in any

Page 1028

year, the said Tax Assessors shall assess such property of the person so failing to make such returns at double the market value of such property. It shall be the duty of said tax assessors to examine carefully the property, both real estate and personal, located in or owned within said city and to assess the same at the true market value thereof. Assessments. Said assessors shall make a return of their work within thirty days after the tax returns are turned over to them by said Clerk; provided, that the Mayor and Councilmen shall if they see fit, extend the time in which said tax assessors shall have to make their returns. When said returns are made, said tax assessors shall appoint a time and place for hearing objections to their assessments, and said clerk shall give notice to persons whose property has been raised or double taxes assessed against their property, ten days before said hearing, stating the time and place of hearing and the increase so made by the assessors. This notice may be served personally on said taxpayer or mailed to said person at his last known address, with postage prepaid. Any person dissatisfied with the assessment made on any property under the provisions of this Act, shall have the right of appeal from the same to the Mayor and Councilmen, provided, said appeal be filed within ten days, and provided said appeal shall be in writing, setting forth distinctly the items of property that have been raised, the amount at which the same has been assessed and the market value as contended by appellant, and said appeal shall be filed with the Clerk of the city within ten days after notice of said assessment by said assessors, and said appeal shall be heard by the said Mayor and Councilmen at the next regular meeting of the said mayor and councilmen after the filing of said appeal, and the decision of said mayor and councilmen shall be final. Objections to assessments. Appeals. Section 24. Be it further enacted, that the Mayor and Council have the power and authority to provide by ordinance

Page 1029

when tax returns shall be made under the provisions of this charter and to provide penalties for failure to make returns as required and to provide when and how taxes due city shall become due, and in what length of time and in what periods shall be paid, to fix penalties for the non-payment of taxes when due, and to issue execution against all persons who do not pay their taxes by the time fixed by ordinance. The Mayor and Council, in their discretion, may provide for the payment of any or all taxes in installments and at different periods, provided all shall become due not later than October 15th, of each year. When returns made. Section 25. Be it further enacted, that for the purpose of raising revenues for the support and maintenance of the City of Andersonville the Mayor and Council of said city shall have full power and authority to assess, levy and collect an ad valorem on all real estate and personal property including money, notes, bonds and other evidences of debt. Money used in banking, and every other species of property in said city, or around or held therein subject to taxation; said tax shall not exceed fifty cents on the hundred dollars, exclusive of all the taxes for public school authorized by law, and the taxes that may be required to pay annual interest on any indebtedness which may be incurred by said city, and any taxes which may be required as a sinking fund for the purpose of paying the principal of said bonded indebtedness as required by law. The ad valorem tax above authorized for general purposes, and the public school tax and the bonded interest and sinking fund tax shall be levied under separate ordinances, each specifying the purpose for which it was levied, and all proceedings for collecting said taxes shall show the amount due on each of said tax levies. The Mayor and Council shall have power and authority to provide by ordinance for the returns and assessment of all taxable property in said city, and to provide penalties for neglect and refusal to comply with same, as elsewhere provided in this Act. ad valorem tax authorized.

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Section 26. Be it further enacted, that the Mayor and Council shall have full authority and power to any and every person, firm, corporation or company, whether resident or non-resident of said city, who may engage in, prosecute or carry on any trade, business, calling, vocation or profession, within the corporate limits of said city, by themselves or by their agents, to register their names, business, vocation, calling or profession annually and to require said person, firm, company or corporation to pay for said registration, and for a license to prosecute, carry on or engage in such calling, business or profession such amount as the mayor and council shall prescribe by ordinance; provided, that there shall be a separate license for each business, calling, vocation or profession, and no person securing a license for any particular business, calling or vocation shall be allowed to carry on any other business, calling or vocation thereunder, or at any other place of business than at the place for which the license was granted. The mayor and council may provide by ordinance for the punishment of all persons, firms, companies or corporations required by ordinance to register and secure and pay for said license, who fail to register, take out and pay for the license or who engage in such business, profession or occupation before compliance with the provision of such ordinances. License and registration. Section 27. Be it further enacted, that the Mayor and Council shall have the power and authority to prohibit or regulate and license billiard tables, pool tables, ten-pin alleys, and any and all tables or alleys of any kind, kept within said city and used for the purpose of hire, renting or gain, or used or kept in any public store or place to attract trade or patronage, or for the use of which any charge is made, and to charge for such license, if granted, such sums as the mayor and council may fix by ordinance, for the calendar year or any part thereof, and payable in full in advance.

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Section 28. Be it further enacted, that the Mayor and Council shall have full power and authority to license, regulate and control by ordinance, all markets in said city, opera houses and other places of amusement for the public, all hacks, drays or wagons used for hauling of any kind, and all vehicles used for hire or any purpose, auctioneers, itinerant lightning rod agents or dealers, sewing machine agents, peddlers, emigrant agents, all fire or life insurance companies doing business in said city, trades of all kinds intinerant dealers in jewelry merchandise, and all other articles, except as are exempt by State laws. Also any person, firm, company, or corporation running or operating a flying jenny, flying horses, and all circuses, side shows and performances of any kind in said city, and all goods, wares or merchandise by sample, or soliciting orders for same, and all other businesses, callings or vocations, which are not exempt from license under the constitution or laws of Georgia. Said Mayor and Council shall have full power and authority, by ordinance, to regulate the running of automobiles, railway trains, or other vehicles run by electricity, gasoline, kerosene or steam. Section 29. Be it further enacted, that the Mayor and Council of said city shall have power and authority to compel and make all persons between the ages of eighteen and fifty, subject to road duty under the laws of Georgia, resident in said city, to work on the streets of said city not to exceed ten days in each year, at such time or times as the mayor and council may order, or to pay a commutation tax in lieu thereof, not to exceed $5.00 in any one year as said mayor and council may determine. Should any person liable to work the street under this section fail or refuse to so do, or to pay the tax assessed in lieu thereof, after receiving the notice to do so, as mayor and council may require, he shall be deemed guilty of a violation of this section, and on conviction in the police court of said city, shall be fined in the sum not exceeding $10.00, or imprisoned

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in the city jail or prison, or by labor on the chain-gang of said city not exceeding twenty days, and any and all of these punishments may be inflicted in the discretion of the presiding officer. The Mayor and Council may pass such ordinances as they deem proper and necessary for enforcing the provisions of this section. Penalties. Section 30. Be it further enacted, that the Mayor and Council shall have power and authority to impose a tax on dogs, owned or kept within said city, not to exceed two dollars per annum each, and shall have power and authority to pass such ordinances as they may deem necessary to collect such tax or otherwise enforce the provisions of this section, and may authorize and direct the marshal and police officers of said city to impound or kill any dog or dogs at large within the limits of the city, whose owner has failed or refused to pay said tax, as prescribed by ordinance, or who fails or otherwise refuses to comply with any such ordinance or regulation. Dog licenses. Section 31. Be it further enacted, that the Mayor and Council of said city shall have power and authority, when necessary, to supply casual deficiencies in the revenues of said city, to negotiate a temporary loan or loans, and execute a note or notes therefor in the name of the City of Andersonville, as may be provided by special resolutions or ordinances for that purpose, to be passed at a regular stated meeting of the mayor and council. Provided that the total sum borrowed in one year shall not exceed one-fifth of one per centum of the assessed value of the taxable property within said city for that year; and provided, further that said loan shall always become due and payable and actually paid in full before the 31st day of December of the year in which borrowed. Temporary loans. Section 32. Be it further enacted, that the Mayor and Council of said city shall have full, complete and exclusive control of the streets, alleys and sidewalks, parks and

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squares in said city, and shall have power and authority to condemn property for the purpose of laying out streets, alleys or sidewalks, and for widening, straightening and grading, or in any way changing the street lines and sidewalks of said city, and when said mayor and council desire to exercise power and authority as to condemnation herein granted, it might be done, whether the land to be condemned is in the hands of an owner, trustee, executor, administrator, guardian or agent, and shall be done only in the manner prescribed in Sections 5206 and 5246, inclusive, of the Code of Georgia adopted August 15, 1910. The Mayor and Council may abandon or discontinue such proceedings at any time upon payment of some sum agreed upon. The mayor and council shall have power and authority to remove or cause to be removed, any buildings, steps, fence, tree, gate, post or other obstruction or nuisance in the streets, alleys, lanes, sidewalks or other places in said city, and to enforce the provisions of this section by appropriate ordinances. Streets and walks. Section 33. Be it further enacted, that the Mayor and Council shall have full power and authority, in their discretion and as hereinafter prescribed to grade, pave, macadamize or otherwise improve the travel and drainage of the sidewalks, streets, squares, public alleys and lanes of said city, now or that hereafter may be opened, laid out or constructed, and to lay curbing along any of the sidewalks, streets, squares or public alleys. In order to make effective the power and authority above given, and to provide funds therefor, said mayor and council shall have full power and authority to assess the actual cost of paving sidewalks and placing curbing by same, against the real estate abutting on the street, but only one side of the street on which the sidewalk is improved, if on one side only. Said Mayor and Council shall have full power and authority to assess one-third of the cost of grading, paving, macadamizing or otherwise improving any roadway or street proper

Page 1034

on the real estate abutting on one side of the street improved and one-third of the cost on real estate abutting on the other side of the street improved; the real estate abutting on both sides of the street shall not together be assessed more than two-thirds of the entire cost, in the discretion of the mayor and council, provided, that no curbing shall be laid and no sidewalk or street be paved or macadamized, or no assessment made under authority, power and provisions of this section, unless the persons owning real estate, which have at least two-thirds of the frontage on the sidewalk or street or on the portion of the sidewalk or street, the improvement of which is desired, shall in writing request the Mayor and Council to make such improvement, when said Mayor and Council may, in their discretion, provide by ordinance for such improvement; and provided further that no request shall be considered and no work shall be done for less than one entire block. The amount of each piece of real estate abutting on the sidewalk or street improved shall be a lien on such real estate from the date of the passage of the ordinance providing for the work and making the assessment, that the mayor and council shall have full power and authority to enforce the collection of any amount so assessed for such improvements or work done, either upon the sidewalks or streets by execution to be issued by the clerk of the council against the real estate so assessed and against the owner thereof at the date of the ordinance making assessment, which execution may be levied by the marshal of the city on such real estate and after advertising and other proceedings as in the case of sale of realty for city taxes, same may be sold at public outcry to the highest bidder, and such sale shall vest absolute title in the purchaser; provided that the defendant shall have the right to file an affidavit denying that the whole or any part of the amount for which the execution is issued is due and stating that he admits to be due, if any, which amount so admitted to be due shall be paid before the affidavit shall be received;

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which affidavit, when received, shall be returned to the Superior Court of Sumter County, and there tried and the issue determined, as in cases of illegality, subject to all the penalties provided by law in cases of illegality for delay. The lien for assessment, on abutting the property, and on street road and other companies for street or sidewalk paving, curbing, macadamizing or drainage, shall have rank and priority of payment next in point of dignity to lien for taxes, such lien to date from the ordinance authorizing the execution of the work in each case. Section 34. Be it further enacted, that the Mayor and Council of said city shall have power and full authority to provide for and regulate the curbs and gutters that empty into the sidewalks or streets of said city; to regulate or prohibit (except as such power may be restricted by any general restricting laws) the use of the streets, alleys, sidewalks or public grounds for any signs, sign-posts, awnings, telegraph or telephone poles, wires for the telegraph, telephone or electric lighting or power purposes, electric light or power poles, horse troughs or watering places, hitching posts or racks, and for posting bills and advertising matter; to regulate or prohibit the carrying of hand-bills, (banners or placards) on the streets, sidewalks or public places of said city, and the gathering or holding of public meetings for any purpose therein or thereon. Also to compel any telegraph or telephone or electric light or power company having previously erected poles and wires in said city to remove same to any location designated by the Mayor and Council, and in case said company shall fail to remove the same within thirty days (30), or such further time as to the Mayor and Council may seem just and reasonable, after the written notification by the marshal, said city shall have the right and authority to remove the same at the expense of such company, and collect the same by execution. The said Mayor and Council shall have the authority and power to regulate, by ordinance, the speed at which automobiles,

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bicycles, and other vehicles of any description shall be driven over or through the streets, alleys or public places in said city, and to prohibit the use of the public sidewalks of said city by other than pedestrians, and to punish violation of such rules, regulations or ordinances as they may pass upon the subject. Said Mayor and Council shall also have the power and authority to regulate the speed at which locomotives or trains, or street cars, shall be run within the corporate limits of said city, also the blowing of whistles and signals by locomotives, stationary engines and factories within the corporate limits, and also to prescribe by ordinance the length of time for which any railroad train or engine may obstruct or prevent passage of the public crossing of street or sidewalk within the limits of said city. Mayor and council to have police power. Section 35. Be it further enacted, that the Mayor and Council shall have power and authority to require the railroads or street railroads running through said city, or a portion thereof to make and repair such public crossings for pedestrians or vehicles over or across their several roads whenever or in such manner as said mayor and council shall deem necessary; to place and repair such crossings or to open or keep open any street in said town crossing them, and the mayor and council may pass any ordinance needful for carrying out the provisions of this section. And in case any railroad or street railway shall fail or refuse to make such crossings within fifteen days, or to repair the same within twenty-four hours after having been notified to do so by the city, its Mayor and Council shall have the power to erect and make the same across the railroad or street railroad or to repair the same at the expense of said railroad or street railroads, and may issue execution therefor, and levy and collect the same as in the case of tax executions. Public crossings. Section 36. Be it further enacted, that the Mayor and Council shall have the authority and power to grant franchises, easements and rights of way, over, in or under, on

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or along the public streets, lanes, alleys, sidewalks, parks and other property of said city, on such terms and conditions as they may fix by ordinance; provided, that no such franchise shall be granted until the application for the same with the description of the nature of the franchise, the streets on which desired and the time at which it shall be acted upon shall have been advertised at the expense of the applicant once a week for four weeks in a newspaper in said city, or should there be no newspaper published in said city, then same shall be published by posting the above described at three or more public places in said city for four weeks. Franchises and rights of way. Section 37. Be it further enacted, that the Mayor and Council shall have full power and authority to lay down and construct and repair sewer and sewerage system in said city, including the disposition of sewerage matter, and to assess abutting landowners for a reasonable amount for said sewerage and drainage, and said landowners as part compensation shall have the right to connect their drainage into all said sewers. Sewerage system, repairs. Section 38. Be it further enacted, that the Mayor and Council of said city may, in its discretion, enact any and all ordinances, rules and regulations necessary to lay out a fire district in said city, and to enlarge, change or modify same from time to time, to prescribe how and of what material 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 city from danger from fire or to prevent or stop conflagration. They shall also have the power and authority to order change in construction and arrangements 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

Page 1038

by proper ordinance, and collect annual expenses incurred by said city under ordinance passed carrying out the powers granted under this section by execution as in the case of collecting costs due said city. The Mayor and Council may exercise general supervision over all buildings of every description in said city and may condemn dangerous walls or constructions in any of the same, and shall have power and authority to exercise said supervision by passing and enforcing suitable and reasonable ordinances. Fire districts. Section 39. Be it further enacted, that it shall be the duty of the Mayor and Council of said city to provide such fire protection therefor, as in their discretion the city can afford or is able to support, and to this end shall have power and authority to organize, equip and support a Fire Department, Volunteer or paid, and to make such appropriations therefor as they may deem advisable, providing needed buildings therefor, and to adopt and prescribe such ordinances and regulations as will best promote the object of this section and afford protection from fire or conflagration to property in said city. Fire protection. Section 40. Be it further enacted, that the Mayor and Council of said city shall have authority and power to provide for the inspection of steam boilers in said city, to regulate and prevent the storage of gunpowder, tar, pitch, rosin, coal, benzine, naptha, nitro-glycerine, turpentine, cotton, petroleum, kerosene oil, dynamite, or combustibles or explosive substances, materials or liquids, within the city limits; and to regulate the use of lights in stores or shops, or in the building of bonfires; to regulate and prohibit the use of fireworks, firecrackers, torpedoes, skyrockets, Roman candles, the firing of guns, pistols and anvils, and prohibit every kind of gaming and hunting within the corporate limits of said city. Inspection. Section 41. Be it further enacted, that the Mayor and Council shall have the power and authority to make and

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enforce all ordinances necessary or wisely precautionary for the prevention of any contagious or infectious disease or the spreading or the communication thereof; to declare, maintain, enforce quarantine rules or regulations in regard thereto and to punish any violation of any of the said rules or regulations. They shall have power to build or establish or maintain or exercise police powers over a pesthouse outside of said city limits, and for this purpose they are authorized to buy, hold, rent or receive real estate or buildings beyond the city limits. They shall have the power to compel the removal to the pesthouse of any person or persons who have smallpox or any other infectious disease or contagious disease when in their wise and humane judgment it is best for the general welfare and health of said city. They shall have power to compel all persons in said city, whether resident or sojourner, to be vaccinated and may provide vaccine and provide physicians at the expense of the city to vaccinate all persons who are unable to procure vaccination, and may by ordinance provide punishment for persons failing or refusing to be vaccinated. Quarantine. Section 42. Be it further enacted, that the government, control, management and protection of the city cemetery, as it is now located, or any enlargement or extension of the limits thereof by purchase, gift or otherwise, and at the disposition of the lots therein, is hereby continued and vested in the Mayor and Council exclusively of said City of Andersonville, and said Mayor and Council shall have power and authority to pass all necessary ordinances, rules and regulations, relating to burial therein, the disposition of the lots and the protection and preservation of said cemetery, and burial therein, and to punish violations thereof, and this power and authority shall be extended over any additions to said cemetery, whether within or without the corporate limits of said city. Cemetery. Section 43. Be it further enacted, that the Mayor and Council shall have full power and authority to adopt and

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enforce ordinances for the protection and preservation of shade trees on the streets, public places, cemeteries and parks in said city, and to prevent the cutting, impairing, or mutilation thereof by telephone, telegraph, electric light or power or electric street car linemen, or employee, or other person, unless the same is done under and with the express and formal consent of the Mayor and Council or some officer appointed by them to direct the same, and then only when absolutely necessary for the public safety or service. Protection of trees and parks. Section 44. Be it further enacted, that the Mayor and Council shall have power and authority to protect by suitable ordinance and enforcement, all places of Divine Worship, and all schools and colleges in said city, and to prohibit loitering or idling about the same or the grounds thereof, to prohibit places of business remaining open during hours of Church services, or any other conduct in or about the same tending to annoy or disturb public worship. Said Mayor and Council shall have power and authority by suitable ordinance to prevent and punish any boisterous, unseemly, indecent or disorderly behavior of any unseemly or improper gathering on the streets or sidewalks, alleys or public places or buildings, or vacant property within said city or in or about or near any residence therein. Section 45. Be it further enacted, that the Mayor and Council of Andersonville shall have full power and authority to suppress lewd houses, lewdness and all immoral conduct, gambling and gambling places within the corporate limits of said city, and to this end may enact such ordinances and provide such penalties for violations thereof as they may deem advisable or necessary to carry out the provisions of this section. Said Mayor and Council shall have power and authority upon proof of any house of ill fame, bawdy house, lewd house or gambling house or place, to vacate and abate the same by causing the occupants thereof to be forcibly removed, after three days' notice, and any property owner or agent who shall after notice of the character of

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the inmates, continue to rent or suffer the same to remain on said premises, shall, upon conviction in the police court of said city, be punished as for the violation of the ordinances of said city relating to nuisances. Power to suppress immoral conduct. Section 46. Be it further enacted, that the Mayor and Council of said city shall have power and authority to prohibit by ordinance the running at large in said city of horses, mules, cattle, hogs, sheep, goats, dogs and all other animals or fowls and to prohibit the keeping of hogs, or shall provide the manner in which said hogs shall be kept, within said city limits, or if allowed to be kept therein, in the Mayor and Council's discretion to regulate the manner and place in which they may be kept, also to impound all such animals when found upon the streets or public places or upon the property of other persons than the owners without permission or consent of the owner of such property and to charge such fees for same as said Mayor and Council shall prescribe, and in addition thereto charge for the keep of any animal so impounded, should the owner of any animal fail or refuse to pay the impounding fee and cost of keeping said animal the same may be sold at public outcry before the city hall and the proceeds applied to the payment of said fees and cost, under such rules and regulations as the owner and council shall prescribe by ordinance. Authority to impound criminals. Section 47. Be it further enacted, that any person violating any of the ordinances of said city flee from jurisdiction thereof, he or she may be apprehended and arrested, wherever found in this State, and the warrants of the Mayor, Mayor pro tem. or acting Mayor of said city shall be sufficient authority for his or her return and trial upon the charge resting against the person, and should any person after trial and conviction escape, such person may be apprehended or arrested wherever found in this State, and the warrant of either of the officials aforesaid shall be sufficient authority for his or her arrest and return; and all persons escaping from the custody of said city or its officers

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may be tried for such escape and punished therefor not exceeding penalties hereinbefore provided. The said Mayor and Council shall have full power and authority to provide for said city a safe and suitable prison for the keeping and detention of persons and convicts in said city and all persons charged with the violations of the ordinances of said city before or after conviction, and to appoint a custodian or keeper thereof. Prisons and escape. Section 48. Be it further enacted, that said Mayor and Council shall by ordinance provide for the form of all accusations, affidavits and warrants to be issued in all trials or violations of the city ordinances and the procedure in all such trials. All executions in favor of said city for the enforcement and collection of any fine, forfeiture, assessment, taxes, or other claim, demand or debt, shall be issued by the clerk and bear test in the name of the Mayor or Mayor pro tem., (except when otherwise provided in this charter) and shall be directed to the marshal of said city and to all and singular the sheriffs and constables of the State, and shall state for what issued, and made returnable to the Mayor and Council of said city ninety days after the issuing of the same; and it shall be the duty of the marshal or other collecting officer to levy the same and advertise the sale of any real or personal property so levied upon, in the same manner as sheriff's sale of real property or constable's sale of personal property are required by law to be made. Any sales thereunder shall be made at the courthouse in said city and within the usual hours of sheriff's or constable's sales of similar property. Whenever any real estate is sold for taxes the owner thereof shall have the privilege of redeeming it within one year by the 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. annum. Whenever at any such sales for taxes due, no person present shall bid for the property put up for sale as much as the amount of such execution and all costs, after

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such property shall have been cried a reasonable time, then any fully authorized or appointed agent of the city may bid off such property for said city, and the marshal or such other officer making the sale, shall make the City of Andersonville a 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 marshal 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 of the owner to any property so purchased, except by public sale to the highest bidder in the manner to be prescribed by ordinance of said city. Forms of affidavits and accusations. The clerk of said city shall keep on his execution docket to be kept by him all executions issued, giving the date, amount of each, to whom delivered, the return, and all proceedings thereunder; said execution after being satisfied shall be returned to the office of the clerk and there filed. All sales and conveyances made under executions as provided in this Act shall have all the force and effect of sales and conveyances made by sheriffs of this State, and the officer making the sale shall have the same power as sheriffs to put purchaser of property sold by them in possession. Executive docket. Section 49. Be it further enacted, that the Mayor and Council shall have full power and authority through a committee from its body or by appointment of any other persons, in their discretion and at any time they deem proper, to examine into the working or conduct and business of any office or offices in said city, and shall have power and authority to demand, send for and compel the presence of all persons or the production of all books or papers, and to swear all persons summoned, as may be necessary or pertinent to said investigation. And it shall be the duty of the Mayor and Council prior to the first regular meeting of the Mayor and Council, in each year, by suitable committees or otherwise, to examine and audit for the year ending December

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thirty-first preceding, all books, vouchers and papers of every official of said city, or of any board thereof charged with the collection, keeping or expenditure of any public funds. Power to examine conduct of businesses. Section 50. Be it further enacted, that the Mayor and Council shall prescribe by ordinance how and by whom purchasers of supplies, materials and other necessary articles for said city or for any department thereof, shall be made or contracted in behalf of said city and no purchase or agreement or contract of purchase, made in any other manner or by any other person, then as prescribed in such ordinances, shall be valid or binding on said city. Purchases. Section 51. Be it further enacted, that in case the Mayor or any Councilman while in office shall be guilty of malpractice or wilful neglect in office or the abuse of the powers conferred upon him, or shall be guilty of any conduct unbecoming him, or convicted and sentenced for violating any criminal law of this State involving moral turpitude, he shall be subject to be impeached by the Mayor and Council, or by Council in case of the Mayor, and upon conviction of not less than three votes shall be removed from office. Impeachment. Section 52. Be it further enacted, that it shall not be lawful for any official of said City of andersonville to be interested directly or indirectly in any transaction with, sale, or to work for or contract with the City of Andersonville or any department of government or services of said city, involving the expenditure of any public funds of said city. Any violation of this section by the Mayor or any Councilman or other officer of said city, shall on conviction thereof be punished as a misdemeanor under the laws of Georgia. Officials can have no interest in purchases. Section 53. Be it further enacted, that at the close of each fiscal year, the clerk of the city shall make and submit to the Mayor and Council at the first regular meeting in the year a full tabular statement of the assets and resources and liabilities of the city, with an itemized estimate of the

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probable receipts, and of the probable necessary expenses from the ending year, and shall from month to month at the regular meeting in each month of the mayor and council submit a satement of all appropriations and expenditures made or authorized by the mayor and council to the end of the preceding month chargeable against the estimated income for that year. Statement to be submitted. Section 54. Be it further enacted, that any of the officers of the City of Andersonville, who may be sued for any act or thing done in his official capacity may be justified under this charter, and the provisions of this charter may be pleaded and shall be a full defense to any action brought against the mayor and council or other officers of said city, or either of them for any act or acts done by them or either of them under and in accordance with the ordinance passed in pursuance thereof. Defense to personal suit. Section 55. Be it further enacted, that the Mayor and Council of said City of Andersonville shall have the power and authority to pass all ordinances that they may consider necessary for the peace and good order, health, prosperity, comfort and security of said City and the inhabitants thereof and that they may deem necessary to foster and promote virtue and good morals in said city; to suppress lewdness, gaming and disorderly conduct, and to enforce such laws and ordinances by such penalties as are authorized in this charter. The said Mayor and Council shall have full power and authority to adopt and enforce any and all ordinances that may be considered advisable and necessary to carry out and execute the powers granted said city, and said mayor and council hereunder; to make and enforce such ordinances, rules and regulations for the government of their body and all officers of said city, and to do any and all other acts and exercise all the powers conferred upon them by this act, or that may be done or exercised, under the laws of this State

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conferring powers of municipal corporations, and not inconsistent with the laws of this State. Power to pass ordinances. Section 56. Be it further enacted, that the Mayor and Council of the City of Andersonville shall have the power and authority, so that when it is necessary for said corporation to issue bonds for the purpose of erecting any waterworks or other public improvements, and to purchase any real estate, to erect any building for municipal purposes, to put in sewer pipes and meet any extraordinary debt, the Mayor and Council shall pass an ordinance setting out clearly and fully the object and purpose of issuing bonds the amount of the bonds to be issued, and when and how to be paid. Said ordinance shall also provide for an election by the voters within said corporation, specifying when said election shall be held. Bond issues. Section 57. Should an election for the purpose of issuing bonds to improve the present waterworks or system or to pay off any indebtedness on same be desired, the present mayor and council or any succeeding mayor and council is hereby vested with full power and authority to call such elections and to hold same, declare the result and issue such bonds as may be carried in said election under the provisions of this Act, and the present mayor and council, or any succeeding mayor and council, is hereby given full power and authority to hold such election, issue such bonds as may be carried, and to levy such tax upon all real and personal property in said city in their discretion they deem necessary to pay off said bonded indebtedness or interest on same and to levy and collect such tax upon all real and personal property in said city to pay off the present bonded indebtedness of Andersonville together with interest on same; and to do any and all other acts or things that may be necessary in the issuance of such bonds under the laws of this State and not inconsistent therewith. Election provided on bond issues. Section 58. Be it further enacted, that when an election has been ordered to authorize an issue of bonds, the full

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ordinance authorizing same shall be posted at three of the most public places in said city for a period of thirty days before said election is held. At said election all qualified voters shall be entitled to vote. Those favoring the issue of bonds shall have written or printed on their ballots For Bonds. Those opposing the issue of bonds shall have written or printed on their ballots Against Bonds. Two-thirds of the voters legally authorized to vote shall be cast for bonds in order to authorize the issuing of bonds, provided only one election shall be held each year for the same purpose, but any issue of bonds may be submitted again at any time after one year. Should the bond issue carry at an election held as above provided, then the mayor and council shall have power to appoint a number of citizens, in their discretion, who shall be known as the Water and Light Board, and the mayor and council shall fix by ordinance the manner of electing the number to serve on said Board and the length of the term of office of each and their compensation and powers. Section 59. Be it further enacted, that all ordinances, by-laws, rules and regulations heretofore adopted by the mayor and council of Andersonville under its previous charter, which are now in force and are not inconsistent with nor repugnant to any provisions of this Act shall remain in force and effect under this charter, until repealed, altered or amended by the mayor and council. Consistent provisions of previous charter still in effect. Section 60. Be it enacted that authority to carry out and effectuate by ordinance and provide penalties for violations thereof, whenever in their discretion the mayor and council may deem it necessary, and all further powers granted to said City of Andersonville as re-incorporated under this Act be, and are, expressly conferred on the Mayor and Council of said city now in office, and their successors. Section 61. Be it further enacted by the authority aforesaid,

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that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 27, 1941. ARLINGTON SPECIFIC TAX. No. 9. An Act To amend an Act providing a new charter for the Town of Arlington, approved October 9th. 1891, and the several Acts amendatory thereto, to authorize the Mayor and Council to levy and collect a specific or license tax in the City of Arlington, 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 providing a new charter for the Town of Arlington, approved October 9th. 1891, and the several Acts amendatory thereto, be and the same are hereby amended as follows: Act of 1891 amended. Section 1. By striking all of Section XIV of the Charter of the Town of Arlington and inserting in lieu thereof the following: Section XIV. Be it further enacted, That the mayor and and council shall have power and authority to levy and collect a specific or license tax not to exceed five hundred dollars for each business, trade, occupation or profession of any person, firm or corporation in the City of Arlington (not exempt by the laws of this State from municipal tax). Said mayor and council shall provide by ordinance the time, rules and regulations under which said specific or license tax shall be paid, and also the amount of same. Said tax may be collected by execution, levy and sale as in other cases. Specific or license tax. Section 2. Be it further enacted, That all laws and parts

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of laws in conflict with this Act be, and the same are, hereby repealed. Approved February 5, 1941. ATHENS BOARD OF EDUCATIONPOWER TO SELL PROPERTY. No. 182. An Act To amend an Act incorporationg the Board of Education of Athens, Georgia (Georgia Laws 1884-1885, page 603), and all Acts amendatory thereof by providing that the said Board shall have increased powers with the right to sell any property held in the name of the Board when it is determined that the property is not necessary; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Act of the General Assembly incorporating the Board of Education of Athens, Georgia (Georgia Laws 1884-1885, page 603, Georgia Laws 1887, page 842, Georgia Laws 1888, page 327), and all Acts amendatory thereof be and the same are hereby amended by providing as follows: Acts of 1884-5 amended. The powers of the Board of Education of Athens, Georgia are hereby increased so that the said Board shall have the power with the right to sell any property held in the name of the said Board, when said Board decides that specific property, held in its name, is not necessary for the successful operation of the school system, established by said Board, whenever compliance is had with rules relating to the sale of public property and other purposes in relation thereto. Powers increased. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Repealing clause. Approved March 12, 1941.

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ATLANTA AD VALOREM TAXES. No. 258. An Act To amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by 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 the provisions of the Charter of the City of Atlanta, as embodied in Section 82 of the Code of the City of Atlanta for 1924, be and the same are hereby repealed and the following is enacted in lieu thereof: For the purpose of raising revenue for the support and maintenance of said City Government, the said Mayor and General Council shall have full power and authority and they shall provide by ordinance for the assessment, levy and collection of an ad valorem tax on all real and personal property, which, under the laws of this State, is subject to taxation within the incorporate limits of said City, not exceeding sixteen (16) mills on each dollar of assessed value thereon, which shall include the school tax, provided that all assessments of property shall be made at cash market valuation. This rate shall not be increased, but the Mayor and General Council of the City of Atlanta may, in their discretion, reduce said amount at any time. Ad valorem tax. Section 2. The proceeds of one (1) mill of said tax shall be used for the following purposes: Thirty (30%) per cent, thereof by the Board of Education for capital improvements; Seventy (70%) per cent. thereof by the Mayor and General Council for capital improvements. Provided, however, that such sums may be diverted to other lawful purposes by the respective bodies,

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that is, by the Board of Education, insofar as the sums allocated to it are concerned, or the Mayor and General Council, insofar as the sums allocated to it are concerned, whenever in the judgment of either of them an emergency exists. Proceeds to be used for certain purposes. An emergency shall be deemed to exist whenever funds available for the essential services of the City Government shall be insufficient to maintain existing salary scales and adequate services in the various departments of the City Government. Section 3. Nothing herein shall be construed as affecting the power or authority of the City of Atlanta to levy an emergency tax, as is provided in the Charter of the City of Atlanta. Section 4. The limitation placed upon the power and authority of the Mayor and General Council with respect to the charge for water or water service, contained in Section 5 of the amendment to the Charter of the City of Atlanta approved August 23rd, 1927 (Acts 1927, p. 779), as amended by an act amending an Act establishing a new Charter for the City of Atlanta, which said Act was approved March 23rd, 1937 (Acts. 1937, pp 1502 1506), be, and the same are hereby repealed. Acts repealed. Section 5. The Mayor and General Council shall regulate the distribution and use of said water in all places, and for all purposes, where the same may be required, and from time to time shall fix the prices for the use thereof, and the time of payment; and they shall erect such number of public hydrants in such places as they shall see fit, and direct in what manner and for what purpose the same shall be used, all of which they may change at their discretion. Provided, however, that when the City of Atlanta furnishes water to a customer without the city limits the charges for same may not exceed an amount equal to twice that charged a customer of similar classification within the city limits. Power to regulate water use.

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Section 6. This Act shall become effective January 1, 1942. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1941. ATLANTA BUDGET COMMISSION. No. 109. An Act To amend an Act establishing a new Charter for the City of Atlanta, approved February 28th, 1874, and the several Acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that an Act establishing a new charter for the City of Atlanta, approved February 28th, 1874, and the several Acts amendatory thereof, be, and the same are hereby amended, as follows: Section 1. The last paragraph of Section 10 of the Act amending the charter of the City of Atlanta, approved March 23rd, 1937 (Acts of 1937, page 1512) which reads as follows: Act of 1937 amended. When this Act has been in effect for one year the budget commission shall be authorized to appropriate not in excess of ninety-nine (99%) per cent, of the normal revenue of said city, as described, and from year to year thereafter shall reduce its annual anticipations one (1%) per cent, until at the end of six years said budget commission shall not be authorized to anticipate any sum in excess of ninety-five (95%) per cent of the normal revenues of the city

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actually collected during the previous year, subject to the exceptions hereinbefore named. Be and the same is hereby stricken and in lieu of said paragraph the following paragraph is substituted: Beginning with the year 1942 the budget commission shall be authorized to appropriate not in excess of ninety-nine (99%) per cent of the normal revenue of said city as described, and for each succeeding year thereafter said budget commission shall not be authorized to anticipate any sum in excess of ninety-nine (99%) per cent of the normal revenues of the city actually collected during the previous year, subject to the exceptions hereinbefore named. Budget commission appropriations. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 26, 1941. ATLANTA CHARTER AMENDMENTS. No. 106. An Act To amend an Act establishing a new Charter for the City of Atlanta, approved February 28th, 1874, and the several Acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act entitled an Act to establish a new Charter for the City of Atlanta, approved February 28th, 1874, and the several Acts amendatory thereof, be, and the same are hereby amended in the following particulars: Act of 1874 amended. Section 1. The Mayor and General Council shall have the sole power and authority, except as otherwise provided in the General Civil Service Act, to declare any office

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whether legislative, executive, judicial, or administrative, vacant for breach of duty, violation of the ordinances applicable to the office, violation of the penal laws involving moral turpitude or the conduct of the office, to be adjudged in the discretion of the General Council, after a trial in the manner herein provided. The term administrative wherever used in this Act shall mean department heads and not subordinate officers. Power to declare vacancies. Section 2. No officer may be tried by the General Council except upon charges preferred against the officer by the Mayor or a member of the General Council, which charges shall be in writing and under oath. Upon the filing of such charges with the General Council, the General Council shall thereupon, by resolution, determine whether or not such officer shall be subjected to trial. Such resolution shall be adopted by a majority vote of the General Council and approved by the Mayor, or adopted by a majority vote of the General Council, notwithstanding the veto of the Mayor. Trial of officers. Section 3. A copy of the charges shall be served upon the officer by the City Marshal, together with a notice of the time and place for hearing such charges. The officer so accused shall have not less than two weeks within which to prepare his defense, and may be represented by counsel. Copy of charges to be served on city marshal. Section 4. The Clerk of Council shall issue subpoenas for witnesses, and subpoenas duces tecum for the production of relevant documentary evidence at the request of such officer. The General Council shall have power to compel the attendance of witnesses and the production of relevant documentary evidence. Subpoenas. Section 5. When sitting for the purpose of trying charges against any officer, the members of the General Council shall be under oath or affirmation to render a fair and just judgment, according to law and the evidence submitted, without prejudice or bias, fear, favor or affection, for or against the accused officer. Trials.

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Section 6. When the Mayor is being tried, one of the judges of the Superior Courts of Fulton County shall preside. When a member of General Council or other officer is being tried, the Mayor or the Mayor Pro-Tem shall preside. In the absence of both the Mayor and the Mayor Pro-Tem, one of the Judges of the Superior Courts of Fulton County shall preside. The presiding officer shall have the power and authority to swear witnesses and pass upon the admissibility of evidence. Presiding judge. Section 7. No person shall be convicted without the concurrence of two-thirds of the members present, but a quorum may proceed with the trial of such charges. Upon conviction, the General Council shall enter judgment suspending such officer, either definitely or indefinitely, or removing him from office. Conviction. Section 8. The conviction of any officer under the terms of this amendment shall not prevent such officer from being liable and subject to indictment, trial, and punishment, according to the law, but he may, nevertheless, be convicted and punished under any applicable criminal law. Section 9. The General Council shall have authority, by two-thirds vote of the members present, to suspend any officer coming under the provisions of this Act when such officer is indicted by a Grand Jury for any offense involving moral turpitude, or malfeasance or misfeasance in office, without a trial, until such time as said officer may be tried by the courts. During such suspension no salary shall be paid to such officer, but the General Council, in its discretion, may authorize the payment of such salary after the officer shall have been tried or the case finally disposed of. Authority to suspend officers. Section 10. Any conviction and judgment entered under this amendment shall be subject to review by the Superior Court in the same manner and under the same terms and conditions provided for the review of judgments of the Recorder. Review.

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Section 11. All provisions of the Charter of the City of Atlanta heretofore adopted, relating to the impeachment or removal or trial of officers, except as otherwise provided in the General Civil Service Act, are hereby repealed. Approved February 26, 1941. ATLANTA CHARTER SECTIONS REPEALED. No. 111. An Act To amend an Act establishing a new Charter for the City of Atlanta, approved February 28th, 1874, and the several Acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. The provisions of the charter as amended contained in Sections 9, 12, 64, 89, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 175, 176, 177, 266, 281, 282, 283, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 435, 438, 439, 444, 445, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, Code City of Atlanta 1924, are hereby repealed. Charter sections repealed. Section 2. Be it further enacted that the terms and provisions of this Act shall not be construed as repealing by implication or otherwise any provision of the charter as amended except those specifically named. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 26, 1941.

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ATLANTA ELECTIONS AND VACANCIES. No. 108. An Act To amend an Act establishing a new charter for the City of Atlanta, approved February 28th, 1874, and the several acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same that an Act establishing a new charter for the City of Atlanta, approved February 28th, 1874, and the several Acts amendatory thereof, be, and the same are hereby amended as follows: Act of 1874 amended. Section 1. All officers of the City required by this charter to be elected by the people, shall be elected by the qualified voters of the city at a general election to be held quadriennally on the first Wednesday in December preceding the expiration of the terms of said officers. The next general election shall be held on the first Wednesday in December, 1944. Election of city officials. Section 2. Vacancies in any offices, whether elected by the people or the General Council, with the exception of the Mayor, shall be filled by a vote of the General Council, and the person so elected shall serve the remainder of the term. Vacancies in offices. Section 3. In the event of a vacancy in the office of Mayor, the General Council shall call an election to fill the vacancy, the election to be held within ninety (90) days of said vacancy. The person elected to fill the vacancy shall serve the unexpired term. The Mayor Pro Tem shall serve as Mayor until a successor is elected and qualified. He shall have all the power and shall receive the compensation of Mayor while so serving. Vacancy in office of mayor. Section 4. All provisions of the charter of the City of Atlanta as amended which are in conflict with the provisions

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of this amendment are hereby repealed, and particularly the provisions of that part of an Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28th, 1874, and the several Acts amendatory thereof, Georgia Laws, 1935, Page 893, as follows: Conflicting provisions repealed. Any vacancy in the office of Alerman, or Councilman or City Attorney, or any other officer elected by the vote of the people or by a vote of council, except the Mayor, shall be filled by a vote of the General Council and the person so elected shall serve until the next general election, to be held in that or some subsequent year, at which a successor shall be elected for the remainder of the unexpired term, unless same expires with such year, be, and the same are hereby repealed. Approved February 26, 1941. ATLANTA FURLOUGH FOR DRAFTEES. No. 220. An Act To amend an Act establishing a new Charter for the City of Atlanta, approved February 28th, 1874, and the several Acts amendatory thereof; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same that an Act establishing a new charter for the City of Atlanta, approved February 28th, 1874, and the several Acts amendatory thereof be, and the same are hereby amended as follows: Act of 1874 amended. Section 1. The term person when used in this Act shall include all public officials and employees permanently employed by the City of Atlanta, whether within or without classified service, except officials and employees elected by the people or by the Mayor and General Council for a definite term of office. Term person defined.

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Section 2. Any person inducted into the land or naval forces of the United States under the selective Training and Service Act of 1940, who in the judgment of those in authority over him, satisfactorily completes his period of training and service under Section 3B of said Act, and who shall have received a certificate to that effect upon completion of such period of training and service shall be conclusively presumed to have been on furlough or leave of absence during his period of training and service in the land or naval forces of the United States. Furlough for draftees. Section 3. Any person who shall have satisfactorily completed his period of training and service, and who shall have received a certificate to that effect shall be restored without loss of seniority provided: (1) He does not voluntarily extend his period of training and service beyond twelve months from date of induction; (2) He is still physically and mentally qualified to perform the duties of such position; (3) He makes application for reemployment within forty days after he is relieved from such training and service. Restoration to service. Section 4. Any such person inducted into the land or naval forces under the terms of said Act shall have the right to all the benefits arising out of and under the particular pension system of which said person was a member while actively serving the City of Atlanta, provided payments due shall not become in arrears more than ninety (90) days. Pension payments. Section 5. If, for any reason, such person shall fail to keep up his pension payments during his service to the Federal Government, as hereinbefore set forth, such person shall have the privilege of paying up all back payments when or before he returns to his employment with the City, and thereupon shall be reinstated to full benefits under said pension system. Section 6. Such person shall be entitled to participate in insurance and other benefits offered by the City of Atlanta

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pursuant to established rules and practices relating to such employment with the City of Atlanta at the time such person may be inducted into such forces. Insurance. Section 7. Such person shall be restored to the same position with the same seniority rights as he enjoyed prior to such service. Position. Section 8. The employer during the absence of any such person, who shall have been inducted into the land or naval forces of the United States shall have the right to fill the vacancy created by the absence of such person, by employing a substitute temporarily, who shall acquire no rights under any of the civil service laws of said City as against the person inducted into the land or naval forces, and shall be discharged from such employment when and if such person so inducted shall apply for and announce ready to resume his services. Such temporary employee shall acquire no right as either against the City of Atlanta, the person so inducted or other agencies. Temporary employees. Section 9. If the particular position from which such person was inducted into the land or naval forces shall have been abolished pending such training and service, then such employee shall be restored to such position as he is qualified to fill of like seniority, status and pay, unless under the circumstances it is impossible or unreasonable to do so. Restoration to like position. Section 10. If there is a dispute as to either physical or mental fitness of such person to be restored to his position with the City of Atlanta, the question of mental or physical qualification shall be submitted to arbitration. The City of Atlanta shall select one physician or surgeon, the person claiming the employment shall select a physician or surgeon and the two so selected shall select a third. The report of said Board shall be final and conclusive upon the question presented. The reasonable expenses of such Board and compensation of the members thereof shall be paid by the

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City of Atlanta, and shall not exceed the sum of one hundred ($100.00) dollars. Arbitration in case of disability. Section 11. All Acts and parts of Acts in conflict with this Act are hereby repealed. Approved March 24, 1941. ATLANTA OFFICERS AND EMPLOYEES SALARIES. No. 110. An Act To amend an Act establishing a new Charter for the City of Atlanta, approved February 28th, 1874, and the several Acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same as follows: Section 1. All provisions of the charter of the City of Atlanta as amended restricting and limiting the power and authority of the Mayor and General Council in the matter of fixing salaries of officers and employees, either as to the time of fixing or the amount thereof, are hereby repealed with the following exceptions: Certain provisions of charter repealed. (A) The provisions of the Act to amend an Act establishing a new charter for the City of Atlanta, approved March 24th, 1939, as set forth in Section 1 of said Act on Page 837, Acts of 1939, is not repealed and shall be and remain in full force and effect and shall constitute the only restriction upon the power and authority of the Mayor and General Council in the matter of fixing salaries except where salaries are specifically fixed by the terms of said charter as amended. Restrictions on mayor and council in fixing salaries.

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Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 26, 1941. ATLANTA PENSION TO MRS. LEONARD. No. 85. To be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several amendatory acts thereof: and for other purposes. Be it enacted by the General Assembly of the State of 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: Act of 1874 amended. Section 1. The Mayor and General Council may, in its discretion, provide for the payment of a pension to Mrs. Matt Leonard, the widow of Matt Leonard, who was continuously employed by the City of Atlanta for a period of twenty-four (24) years and ten (10) months up to the time of his death on December 11, 1939, and who had been a member of and contributed to the General Employees Pension Fund. Such pension shall not exceed the [Illegible Text] of sixty-seven and 50/100 ($67.50) dollars per month; shall be paid in monthly installments for the duration of the life of the said Mrs. Matt Leonard or until she remarries. The Mayor and General Council are further authorized, in their discretion, to fix the date upon which said pension may begin, at any date subsequent to January 1, 1940, and any payments which may have accrued prior to the granting of a pension by the Mayor and General Council shall be paid whenever said pension shall be authorized. Pension to Mrs. Leonard.

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Section 2. Be it further enacted that all laws and parts of laws in conflict with this law be and the same are hereby repealed. Approved February 26, 1941. ATLANTA POLICE SICK LEAVE COMPENSATION. No. 219. An Act To amend an Act establishing a new charter for the City of Atlanta, approved February 28th, 1874, and the several Acts amendatory thereof; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Act establishing a new charter for the City of Atlanta, approved February 28th 1874, and the several Acts amendatory thereof, be, and the same are hereby amended as follows: Act of 1874 amended. Section 1. Section 1 of an Act to amend an Act establishing a new charter for the City of Atlanta, published on page 839 Georgia Laws 1939, and approved March 24, 1939, is hereby repealed in its entirety. Amendment of 1939 repealed. Section 2. Be it further enacted by the authority aforesaid that the Chief, officers, members and employees of the Police Department shall receive full pay for time lost while sick not to exceed thirty (30) days, provided, however, that no claim for sick leave compensation shall be allowed and paid unless the claimant shall file with the Secretary of the Police Committee a certificate from a duly qualified physician or surgeon, that the claimant was under his care or in a hospital for a period of not less than five (5) days, and was ill and unable to work during such period. It shall be within the discretion of the Police Committee to authorize

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full or part compensation for time lost in excess of thirty (30) days upon proof satisfactory to the committee that additional sick leave should be granted. All such authorizations, however, shall be entered on the minutes of the committee and shall not exceed the appropriation available therefor. Sick leave. Compensation. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 24, 1941. ATLANTA SALE OF PROPERTY. No. 375. An Act To amend an Act establishing a new Charter for the City of Atlanta, approved February 28th, 1874, and the several Acts amendatory thereof: And for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several acts amendatory thereof, be and the same are hereby amended as follows: Act of 1874 amended. Section 1. That Section 228 of the Code of the City of Atlanta of 1924, as amended, is further amended by adding thereto the following paragraph: Provided, however, that the Mayor and General Council of the City of Atlanta are hereby authorized as an exception to the foregoing prohibition to sell on such terms as may be satisfactory to the said Mayor and General Council the following portion of said property: Authority to sell certain property. All that tract or parcel of land lying and being in Land

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Lot 71 of the 14th District of Fulton County, Georgia, and being more particularly described as follows: Property described. Beginning at a point formed by the intersection of Lakewood Avenue and Lakewood Way and running thence Northwesterly along the Southwesterly side of Lakewood Way One Hundred and Ninety-five (195) feet, more or less; thence South Two Hundred and Fifty-five and Three-tenths (255.3) feet to the Northwesterly side of Lakewood Avenue; thence Northeasterly along the Northwesterly side of Lakewood Avenue Two Hundred Twenty-five (225) feet more or less to the point where Lakewood Avenue intersects Lakewood Way, which is the point of the beginning. Section 2. The City of Atlanta shall always maintain the property bounded by Ivy, Edgewood, Courtland and Gilmer Streets in said city, known as Joel Hurt Memorial Park, for park purposes and in keeping with its original intention as a memorial to Joel Hurt, pioneer citizen, and shall have no power to sell or otherwise alienate the same. City to always retain certain property. Approved March 27, 1941. ATLANTA TERRITORIAL EXTENSION. No. 120. 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, so as to extend the territorial limits of said City of Atlanta; 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 to amend an Act establishing a new charter for the City of Atlanta, approved February 28th, 1874, and the several Acts amendatory thereof, be amended as follows: Act of 1874 amended.

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Section 1. The territorial limits of said City are hereby extended so as to include and embrace therein the following tract of land, to-wit: Territorial limits extended. All that tract or parcel of land lying and being in Land Lot 51 of the 17th District of Fulton County, Georgia, and more particularly described as follows: Beginning on the southeast side of Wildwood Place at a point located two hundred eight-seven (287) feet north-easterly from the corner formed by the intersection of the north side of Pelham Road and the eastern side of Wildwood Place, (if said street lines were extended to form an angle instead of a curve) said beginning point being at the northwest corner of Lot 1 in Block E of the plat hereinafter referred to, and running thence northeasterly along the southeastern side of Wilwood Place one hundred eight and seven-tenths (108.7) feet to Lot 2 in said Block; thence southeasterly along the southwestern side of Lot 2, one hundred seventy-six and one-tenth (176.1) feet; thence westerly sixty-nine and one-tenth (69.1) feet to an iron pin; thence northwesterly one hundred fifty-one and five-tenths (151.5) feet to Wildwood Place and the point of beginning, being Lot 1 in Block E of the plat of North Morningside by George D. Newton, C. E. dated May 1939 and recorded in Plat Book 21, Page 34, Fulton County Records. Extension described. A portion of the above described property is already located within the limits of the City of Atlanta, but it is the purpose and intent of this Act to include all of the above described property in the City limits of the City of Atlanta. Also, all that tract or parcel of land lying and being in Land Lot 51 of the 17th District of Fulton County, Georgia, more particularly described as follows: Beginning at the corner formed by the intersection of the northeast side of Rock Springs Road with the northwest side of Wildwood Road (if said street lines were extended

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forming an angle instead of a curve) running thence in a northwesterly direction along the northeasterly side of Rock Springs Road one hundred eighty five (185) feet to the southwesterly corner of Lot 1 in Block B of the plat hereinafter referred to; thence northeasterly along the southeast side of said Lot 1 a distance of one hundred sixty one (161) feet, to Lot 16, thence southeasterly along the southwest side of Lot 16 a distance of seventy five (75) feet to Wildwood Road; thence southwesterly along the northwesterly side of Wildwood Road; a distance of two hundred (200) feet to Rock Springs Road and the point of beginning, being Lot 17 in Block B of the plat of North Morningside by George D. Newton, C. E., dated May 1939 and recorded in Plat Book 21, Page 34, Fulton County Records. A portion of the above described property is already located within the limits of the City of Atlanta, but it is the purpose and intent of this Act to include all of the above described property in the City limits of the City of Atlanta. Section 2. On and after January 1st, 1942, the power and authority of the City of Atlanta under its 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 within the limits above described, as fully and completely as they now exist within the present territorial limits. Said new territory is likewise made subject to all the bonds hertofore issued by the City of Atlanta, and is bound for the payment of said bonds equally with the former territory of the City of Atlanta. Date city authority will effect new territory. Section 3. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 26, 1941.

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ATTAPULGUS CHARTER AMENDMENTS. No. 40. An Act to amend an Act entitled An Act to Incorporate the Town of Attapulgus in Decatur County, Georgia, approved August 7, 1914, so as to increase the provisions for revenue by an ad valorem tax on all real and personal property; also to amend said Act as amended by the Acts of 1931 as approved July 23, 1931, so as to change the term of office of the Mayor and Councilmen from that now provided, 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, that an Act entitled An Act to Incorporate the Town of Attapulgus in Decatur County, Georgia, approved August 7, 1914, be, and the same is hereby amended, as follows: Act of 1914 amended. Section 2. That Section 13 of said act be, and the same is hereby amended by striking the word hundred from the first sentence of said Section 13 and adding in lieu thereof the word one, so that the first sentence of said Section 13 when amended shall read as follows: Section 13. Be it further enacted, that said town council shall raise revenues necessary to defray the expenses and pay the indebtedness of said town government by an advalorem tax on all real and personal property to the amount of not over five (5) mills per one dollars in value and by license and accupation taxes, to be fairly fixed upon the character of business assessed. Ad valorem tax assessed. Section 3. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same that from and after the passage of this Act, that an Act entitled, An Act to incorporate the Town of Attapulgus in Decatur County, Georgia, approved August 7, 1914, as said Act was amended by the Acts of General Assembly

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of 1931, which amendment was approved on July 23, 1931, be and the same is hereby amended as follows: Section 4. That Section 4 of said Act, as amended, which reads as follows: Section 4. Be it further enacted, that on the first Tuesday after the first day of January, 1935, A. D., and at said time every four years thereafter, an election shall be held at some designated place in said town for a mayor and councilmen, who shall hold office for four years from the date of their election and until their successors are elected and qualified; but no one shall be eligible to the office of mayor or councilmen who is not qualified to vote for members of the General Assembly of this State and who has not resided in said town for three months previous to said elections Said election shall be held in the same manner as elections for County officers in this State, and the certificate of the managers shall be sufficient authority to the person elected to qualify and enter upon the discharge of the duties of the office to which he may have been elected. The returns of said election shall be made to the town council of Attapulgus, who shall make or cause to be made a record of the results of said election as declared by the managers thereof. In the event of the death, removal from the town, or resignation of the mayor or a councilman, the vacancy shall be filled ad interim by an election of the remaining members of the council of a mayor or a councilman of any person eligible to said offices. That the present mayor and councilmen of said Town of Attapugus, who were elected on the first Tuesday after the first day of January, 1931, shall hold over, and hold office until the next election, as provided in this section and until their successors are elected and qualified. That from and after the passage of this amendment, that the mayor and councilman of said Town of Attapulgus are authorized to be paid from said town treasury the following salaries, to wit: To the mayor not to exceed $100.00 per annum. To the councilmen not to exceed $25.00

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per annum for each councilman. be striken from said Act, and that a new section, to be numbered Section 4, be inserted in lieu thereof, so that said section when thus amended, shall read as follows, to wit: Section 4. Be it further enacted, that on the Fourth Saturday in April 1942, A. D., and at said time every two years thereafter, an election shall be held at some designated place in said town for a Mayor and Councilmen, who shall hold office for two years from the date of their election, and until their successors are elected and qualified; but no one shall be eligible for the office of Mayor or Councilman who is not qualified to vote for members of the General Assembly of this State, and who has not resided in said town for six months previous to said election. Said election shall be held in the same manner as elections for County officers in this State, and the cetificate of the managers shall be sufficient authority to the person elected to qualify and enter upon the discharge of the duties of the office to which he may have been elected. The returns of said election shall be made to the Town Council of Attapulgus, who shall make or cause to be made a record of said results of said elections as declared by the managers thereof. In the event of a vacancy by the death, removal from the town, resignation, or other cause of the Mayor or Councilman, the vacancy shall be filled ad interim by an election by the remaining members of the Council of a mayor or a councilman of any person eligible to said office. Election of mayor and council. That the present Mayor and Councilmen of said Town of Attapugus, namely, M. M. Robinson, Mayor and O. B. Thomas; C. O. McCall; T. J. Barrow and F. M. McElvy, Councilmen, shall hold over and hold office until the next election, as provided in this section, and until their successors are elected and qualified. That from and after the passage of this amendment, that the Mayor and Councilmen of said Town of Attapugus are authorized to be paid

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from said town treasury the following salaries, towit: to the Mayor not to exceed one hundred dollars per annum, to the Councilmen not to exceed twenty-five dollars per annum for each Councilman. Compensation. Section 5. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved February 11, 1941. AUGUSTA CITY ATTORNEY. No. 76. An Act to amend an Act entitled an Act to amend an Act granting a Charter to the City of August, incorporating it as the City Council of Augusta (Georgia Laws 1798) approved January 31, 1798 and the several acts amendatory thereof so as to provide for the permanent tenure for certain officers and employees of the City Council of Augusta; to exempt certain officers and employees from the operation of this Act; to provide for rules of probation of present and future officers and employees affected by this act; to provide that certain present employees and officers, on the conditions and at the time herein fixed, shall become permanent employees under the terms of this Act; to provide terms of employment; to provide rules and regulations for such employees and officers; to provide a manner of terminating such permanent employment; to authorize the City Council of Augusta to adopt certain rules and regulations relevant to such employees and officers hereunder, and for other purposes; so as to provide for said act to be applicable to the City Attorney of the City Council of Augusta as other employees of the City Council of Augusta, and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same that the above entitled Act it hereby amended by striking from Section 2 thereof the following words: City Attorney and Assistant City Attorney. Certain words stricken. Section 2. That the purpose of this Act is to place the City Attorney of Augusta under the above entitled Act and subject to same as all other employees thereunder, except that said City Attorney shall not be subject to Section 13 of said Act. Purpose of act. Section 3. All Acts or parts of Acts in conflict herewith are hereby repealed. Approved February 19, 1941. AUGUSTA CIVIL SERVICE ACT AMENDED. No. 77. An Act to amend an Act approved March 13th, 1935 (Georgia Laws 1935 pages 897-911) entitled: an Act to amend an Act entitled: an Act creating a Board of Civil Service Commission for the City of Augusta, approved August 3, 1913, as amended by an act approved August 24, 1929, so to prescribe the qualifications, powers, duties and authority of said board and its members; to fix the compensation of its members and employees; to designate the place of meeting and office; to fix the method of appointment and/or election of the members thereof; to prescribe the method of procedure of removal of commissioners from office; to prescribe the rules and regulations governing said board; to fix the age limit of all firemen and policemen, including the chiefs and other officers of both departments and provisions in reference to their retirement; and to repeal all laws in conflict with the provisions of this act; and for other purposes, so as

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to amend Section 3 (J) to provide that no disability received by members of the police and fire Departments in line of duty shall prevent their promotion and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, that the above entitled Act is hereby amended under Section 3 thereof, by adding at the end of sub-section (j) of said Section 3 the following: No disability received in line of duty by a member of either of said departments shall prevent promotion of a member of said departments under this Section. Disability in line of duty not to prevent promotion. 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 19, 1941. AUGUSTA CIVIL SERVICE COMMISSIONAMENDMENTS. No. 371. An Act to amend an Act entitled An Act to amend an Act entitled An Act to amend an Act entitled: An Act creating a Board of Civil Service Commission for the City of Augusta, approved August 3, 1913, as amended by An Act approved August 24, 1929, so as to prescribe the qualifications, powers, duties, and authority of said Board and its members; to fix the compensation of its members and employees; to designate the place of meeting and office; to fix the method of appointment and/or election of the members thereof; to prescribe the method of procedure of removal of commissioners from office; to prescribe rules and regulations governing said Board; to fix the age limit of all firemen and policemen, including

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the Chiefs and other officers of both departments and provisions in reference to their retirement; and to repeal all laws in conflict with the provisions of this Act; and for other purposes'; as amended by an Act approved January....., 1940, so as to change the Status of the Secretary of the Civil Service Commission from that of Secretary of the Commission to Secretary of the Chief of Police of the City of Augusta; to amend Section 3 (n) of said Act as amended, so as to place the Chief, Captain and Lieutenants of Police in the same grade; to strike that portion of Section 4 of said Act as amended which provides for the vote of four members of said commission in order to discharge, discipline, demote or suspend the Chiefs of either department; to strike the rank of Lieutenant of Detectives from Section 3 (n) of said 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 the Act approved March 13, 1935 (Georgia Laws, 1935, pages 897-911) and entitled: An Act to amend an Act entitled: `An Act creating a Board of Civil Service Commission for the City of Augusta, approved August 3, 1913, as amended by an Act approved August 24, 1929, so as to prescribe the qualifications, powers, duties and authority of said Board and its members; to fix the compensation of its members and employees; to designate the place of meeting and office; to fix the method of appointment and/or election of the members thereof; to prescribe the method of procedure of removal of commissioners from office; to prescribe rules and regulations governing said Board; to fix the age limit of all firemen and policemen, including the chiefs and other officers of both departments and provisions in reference to their retirement; and to repeal all laws in conflict with the provisions of this Act; and for other purposes, be and the same is hereby amended in the following particulars: Act of 1935 amended.

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Section 2. Be it enacted by authority aforesaid that Section 2 of said Act as amended is hereby amended by striking from said Section the following words: Said Board at such meeting shall also elect a secretary, who shall not be a member of said Board but who shall be a citizen of Augusta, a competent stenographer. He shall not be removed from said position except for cause and after trial before said Commission as hereinbefore provided for. Said Secretary shall keep the books of minutes and other records of said Commission, shall report stenographically the evidence in all trials held by said Commission, conduct the correspondence of said Commission by diction or otherwise of the members of said Commission, shall act as clerk when said Commission shall constitute a trial court and perform such other duties connected with said Commission as it may deem proper. He shall also act as Secretary to the Chief of Police Department, and inserting in lieu thereof the following: The office of secretary to the Chief of Police is hereby created, who shall be elected by the Civil Service Commission upon special qualification, who may or may not be a member of the Police Department. He shall be a competent stenographer and shall not be removed from office except for cause and after trial before said Commission as provided for other officers and members of the Police Department. He shall also act as Secretary to the Civil Service Commission and shall keep the books of minutes and other records of said Commission, shall report stenographically the evidence in all trials held by said Commission, conduct the correspondence of said Commission by dictation or otherwise of the members of said Commission, shall act as clerk when said Commission shall constitute a trial court and perform such other duties connected with said Commission as it may deem proper. Office of secretary to chief of police created. Section 3. Be it enacted by the authority aforesaid that Section 3 (n) as amended is hereby amended by striking from the second grade in said section the words Lieutenant

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of detectives and Lieutenants of Police and adding immediately following the word Captain in the first grade the following words: Lieutenants of Police, so as to place in the first grade of said section the Chief, Captain and Lieutenants of Police. Titles changed. Section 4. Be it enacted by the authority aforesaid that Section 4 of said Act as amended be amended by striking therefrom the following words: Provided further that the Chief of Police or acting Chief of Police, the Chief of the Fire Department or acting Chief of the Fire Department shall not be discharged, disciplined, demoted or suspended except upon a vote of not less than four members of said Commission and there shall not be an appeal from such decision, so as to repeal the language hereby stricken. Suspension. Section 5. Be it enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 27, 1941. AUGUSTA COMMISSIONER OF PUBLIC SAFETY. No. 75. An Act to amend an Act entitled: An Act to amend an Act entitled: `An Act creating a board of civil service commission for the City of Augusta, approved August 3, 1913, as amended by an Act approved August 24, 1929, so as to prescribe the qualifications, powers, duties and authority of said board and its members: To fix the compensation of its members and employees: To designate the place of meeting and office: To fix the method of appointment and/or election of the members thereof; to prescribe the method of procedure of removal of commissioners from office; to prescribe rules and regulations

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governing said board; to fix the age limit of all firemen and policemen, including the chiefs and other officers of both departments and provisions in reference to their retirement; and to repeal all laws in conflict with the provisions of this Act; and for other purposes'; so as to provide for a commissioner of public safety of the city of Augusta; to provide for the power and authority of said commissioner; to provide for his duties, for his election, the manner and method of discipline; to provide for elimination of certain officers in said department; to provide a salary thereof; and for other purposes. Section A. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same that the Act approved March 13, 1935 (Georgia Laws, 1935, pages 897-911) and entitled: An Act to amend an Act entitled: `An Act creating a Board of Civil Service Commission for the City of Augusta, approved August 3, 1913, as amended by an Act approved August 24, 1929, so as to prescribe the qualifications, powers, duties and authority of said Board and its members; to fix the compensation of its members and employees; to designate the place of meeting and office; to fix the method of appointment and/or election of the members thereof; to prescribe the method of procedure of removal of commissioners from office; to prescribe rules and regulations governing said Board; to fix the age limit of all firemen and policemen, including the chiefs and other officers of both departments and provisions in reference to their retirement; and to repeal all laws in conflict with the provisions of this Act; and for other purposes, be and the same is hereby amended in the following particulars: Act of 1935 amended. Section 1. Be it enacted by authority aforesaid that Sections 8 (a) and 8 (b) are hereby repealed and the following inserted in lieu thereof, to be known as Section 8 (a): Sections repealed, office of commissioner of public safety created.

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Section 8 (a) Be it enacted by the authority aforesaid that the office of Commissioner of Public Safety of the City of Augusta is hereby created; that said Commissioner shall be elected by the Civil Service Commission of Augusta at its first meeting, regular or special after the approval of this Act, which election by the Commission may be done without requirement of examination and the person so elected may be a member of either the police or fire departments of the City of Augusta, or from the citizenry thereof, so long as the person so elected is a qualified voter of the City of Augusta and has been for a period of more than 5 years. Said Commissioner shall be the executive officer of both the police and fire departments of the City of Augusta and shall have complete control, management and jurisdiction of said police and fire departments of the City of Augusta. He shall have the authority to prescribe the rules and regulations for the conduct of his office and for the conduct of the officers and privates of the police and fire departments for the conduct and operation of said departments and the enforcement of the law. The chiefs of the two respective departments shall be responsible to the Commissioner of Public Safety for all equipment and property used in their respective departments and the Commissioner shall in turn be responsible to the City Council of Augusta for all equipment and property used in both of said departments. Section 2. Be it enacted by the authority aforesaid that Section 8 (c) of said Act is hereby amended by striking from said Section the following: chiefs of the respective departments and issue any order to the chiefs or acting chiefs of the police and fire departments and by inserting in lieu thereof the following: the Commissioner of Public Safety. Said Section is further amended by striking therefrom the words chief of the department to which it refers and inserting in lieu thereof the words the Commissioner of Public Safety.

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Section 3. Be it further enacted by the authority aforesaid that Section 8 (d) is hereby repealed and the following is inserted in lieu thereof to be known as Section 8 (d): That all officer and privates of the Police and Fire Departments shall be subordinate to and subject to the control, supervision and jurisdiction of the Commissioner of Public Safety and all orders to both departments shall come direct from the Commissioner of Public Safety to the chiefs or acting chiefs of the two departments and the chiefs of said respective departments shall have supervisory control of their respective departments, subject to the orders of said Commissioner of Public Safety, and the Civil Service Commission shall not give any orders whatsoever to any officer or employee of either of said departments except to the Commissioner of Public Safety as provided in Section 8 (c) hereof. Police and fire department officers subject to commissioner. Section 4. Be it further enacted by the authority aforesaid, that Section 12 of said Act is hereby amended by striking therefrom the words Chief of Police and/or Chief of the Fire Department and inserting in lieu thereof the following words: the Commissioner of Public Safety. Section 5. Be it further enacted by the authority aforesaid that Section 13 of said Act is hereby amended by striking therefrom the words Chief of Police and/or rules and regulations promulgated and established by the Chief of the Fire Department and inserting in lieu thereof the following words: the Commissioner of Public Safety. Section 6. Be it further enacted by the authority aforesaid that Section 3 (h) of said Act is hereby amended by striking therefrom the following words: of either the Chief of Police or acting Chief of Police of Chief of the Fire Department or acting Chief of the Fire Department and inserting in lieu thereof the following words: the Commissioner of Public Safety.

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Section 7. Be it enacted by the authority aforesaid that the Commissioner of Public Safety shall be subject to the same discipline of the Civil Service Commission and the same term of office as other members of the Police and Fire Departments, provided, however, said Commissioner shall not be discharged, disciplined, demoted or suspended except upon a vote of not less than four (4) members of said Commission. Provided further, that said Commissioner of Public Safety shall be subject to and enjoy all of the rights and privileges of pension as provided by law and he shall pay into the pension fund of the Fire and Police Departments the same percentage of his salary as other members of said Departments, said sums to be divided equally between said Police and Fire Departments funds. Commissioner subject to discipline of civil service commission. Section 8. Be it enacted by the authority aforesaid that after the election of Commissioner of Public Safety, that as vacancies occur in the positions or offices of Lieutenants of Police, either by promotion, demotion, discharge, resignation, retirement, death or otherwise, none of said vacancies shall be filled and same shall become automatically abolished until the number of lieutenants of Police has been reduced in number to 4. Number of lieutenants to be reduced. Section 9. Be it further enacted by the authority aforesaid that the Commissioner of Public Safety shall have and maintain an office at either Police headquarters, Fire Headquarters or the City Hall, which offices shall be furnished and kept equipped by the City Council of Augusta. Commissioner's office. Section 10. Be it further enacted by the authority aforesaid that the salary of the Commissioner of Public Safety of the City of Augusta shall be Five Thousand ($5,000.00) Dollars per annum, payable monthly by the City Council of Augusta, and the said City Council of Augusta is hereby authorized and directed to set up, establish and appropriate as an extraordinary appropriation the sums necessary for the payment of the salary of the Commissioner of Public

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Safety and the expenses attendant to his office for the year 1941, and yearly thereafter said appropriation for said office shall be made as other departmental appropriations of said City Council of Augusta, said sums to be equally divided and charged to the Police and Fire Departments. Salary. Section 11. Be it further enacted by the authority aforesaid that should a vacancy occur in the office of Commissioner of Public Safety, a successor to fill said vacancy shall be elected by a majority vote of the Civil Service Commission, which election shall not take effect until approved by a majority vote of the City Council of Augusta. Said approval by Council shall not be made until ten (10) days have elapsed from the date of his election by the Civil Service Commission. During the period of any vacancy of the Commissioner of Public Safety the chiefs of the respective departments shall have control and supervision of their respective departments as they did before the passage of this amendment, until said successor Commissioner is elected and qualified. Vacancy. Control by department heads. Section 12. Any Commissioner of Public Safety elected under this Act shall be a man of good moral character and habits and possessing the qualities of leadership and he shall have had a continuous actual bona fide residence in the City of Augusta for at least five (5) years before his election and qualification to said office. qualifications. Section 13. No member of the Civil Service Commission nor the City Council of Augusta shall be eligible to the office of Commissioner of Public Safety until twelve (12) months following the expiration of his term of office to which he was elected as a member of the Civil Service Commission or as a member of the City Council of Augusta. Disqualification. Section 14. Be it further enacted by the authority aforesaid that all other provisions of said Act approved March 13, 1935 (Georgia Laws, 1935, pages 897-911) which are not expressly in conflict herewith shall remain in full force

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and effect, this being an amendment to said Act for the purposes herein set out. Law of 1935 still effective. Section 15. 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 19, 1941. BAINBRIDGE ZONING AND PLANNING. No. 103. An Act to Authorize the City of Bainbridge to pass, through the Mayor and Aldermen, zoning and planning laws whereby the territory of said municipality may be zones or districted for various uses and other different uses prohibited 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; 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; and providing that when any such zones or districts may be created or established, it may not be changed or abolished without the consent of fifty-one (51) per cent of the voters residing in such zones; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same: Section 1. That from and after the passage of this act, the Mayor and Alderman of the City of Bainbridge are hereby authorized to pass zoning and planning laws whereby the territory of said municipality may be zoned or districted for various uses and other or different uses prohibited therein, and regulating the use for which said zones

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or districts may be set apart, and regulating the plan for the development and improvement of real estate therein. Authority. Section 2. Without limiting the generality of the foregoing Section said Mayor and Aldermen are authorized to make all rules and regulations in reference to the construction of any building, additions and repairs to old buildings, and in reference to chimney, fiues or heating apparatuses and to provide a distance that any new building or addition to any building shall be from any Street or Highway within said limits; they shall have the power to zone any territory within said municipality as to which particular class of buildings or building shall be built, that is as to residences, stores, filling stations, manufacturing plants, places of business and each and every other sort of building. Rules and regulations. Section 3. That such zones or districts and the regulations and restrictions applying thereto shall be created by Ordinance or Resolution of the Mayor and Aldermen of the City of Bainbridge, in Council assembled and when once establishes, such zones or districts shall not be changed or abolished without the consent of fifty-one (51) per cent of the voters of said municipality residing in such zone or territory. Ordinance or resolution. Section 4. That any individual who may be injured by a violation of any such law or regulation adopted by the Mayor and Aledrmen, may apply for and secure injuctive relief against any person who is violating such law without making the City of Bainbridge party thereto. Injunction. Section 5. That the Mayor and Aldermen of the City of Bainbridge may prescribe such punishment and penalties as appear to them proper for violations of such laws and regulations as may be adopted under the terms of this act and violations thereof may be tried in the Police Court of the City of Bainbridge. Punishment for violation.

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Section 6. That if any part of this act should be declared invalid for any reason, the same shall not affect the other parts hereof. Constitutionality. Section 7. That all laws and parts of laws in conflict herewith are hereby repealed. Approved February 26, 1941. BALL GROUND TOWN CHARTER. No. 46. An Act to amend, consolidate and supersede the several Acts incorporating the Town of Ball Ground, in the County of Cherokee, State of Georgia, and all amendments in respect thereto; to create a new charter of said corporation; to provide a municipal government therefor; to define the territorial limits of said town; to provide for the powers thereof; to provide for a Mayor and Council, and to define their powers and duties; to provide for the punishment of violators of the ordinances of said town; to define the special powers and duties of the Mayor; to provide for the election of a Mayor and Council, their oaths and terms of office, for their meetings and method of filling vacancies therein; to provide for the appointment of election managers; their oaths and duties, and for their compensation; to define the method of holding all town elections, for the declaration of the results of such elections, and for contests of such elections; to provide for the selection of a Mayor Pro-Tem; to provide for the qualifications of voters and electors in said town, and for the qualifications of the Mayor and Council; to provide for a permanent system of registration of voters; to provide for a board of registrars, their oaths, duties and compensation; to provide for appeals from decision of town clerk refusing to allow person to register; to provide for a notice to person whose

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name is stricken from voters list and for a hearing on same; to provide for a Town Clerk and Treasurer, a Town Marshal, Attorney and other officers, their oaths, bonds, and for their compensation and their removal from office; to provide for a Police Court and its powers and for the trial and punishment of violators of town ordinances therein; to provide for the arrest of violators of town ordinances, with or without warrant; to provide for the taking of appearances bonds, and for the forfeiture of the same; to provide for a town chain gang; to provide for appeals and certiorari; from the Police Court and from the decision of the Mayor and Council in criminal cases; to require tax returns to be made by the citizens of said town and by persons owning property in said town; to provide for a board of tax assessors, their oaths, duties, and compensation; to provide for double taxation where tax returns are not made; to provide for appeals from decision of board of tax assessors and hearing on same; to provide for the collection of taxes by execution; to provide for an ad valorem tax on property in the town, and to define its limits; to empower said town to widen its streets; to provide for the removal of obstructions from streets; to empower said town to require railroad companies to make and repair crossings in said town; to provide for the regulation of explosives and fireworks; to provide for the regulation of all trades, businesses, callings and professions; to provide for the registration of trades and businesses, and to authorize said town to require any person engaging in any trade, profession or business to purchase a license to do so; to provide for the revocation of such licenses; to provide for the licensing of pool tables and games, for the licensing of brokers and other trades and businesses; to provide for license ordinances and for the punishment of persons engaging in business who fail to obtain licenses; to provide for the regulation of animals and for the power

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to impound the same; to provide for the opening of new streets, and the right to condemn property for such purposes, to provide for the improvement of streets in said town; to provide for the cost of such improvements and for the assessments against abutting property therefor; to provide for the cost of curbing, drains and man-holes; to compel the connection of water and gas lines with town lines; to provide for the pro-rating of assessments; to provide for the improvement of sidewalks and the cost thereof; to provide for the procedure of improvement of streets and sidewalks; to provide for contracts for street improvements and for the bonds of contractors; to provide for the appraisal of cost of street improvements and for objections to appraisals and hearings on the same; to provide for a lien for street and sidewalk improvements; to provide for the issuing of executions of street and sidewalk improvements and the levy and sale of abutting property thereunder; and for the transferring of such executions; to provide for affidavits of illegality to street improvement executions and the trial of such; to provide for street improvements abutting State property and political subdivisions thereof; to provide for bond elections for street improvements and for a tax to pay such bonds; to provide that assessments for street improvements to be paid in installments and for the lien of installment assessments; to provide for street improvement bonds which will not be an obligation of the town and for the payment of the same; to provide for the rank of liens of assessments for street improvements; to provide for a sewerage system for said town and for sewage and drainage assessments, for the taking of property for sewage system, for the extension of such system, and for the making of sanitary lots; to authorize the town to maintain and operate a system of waterworks; and any other public utility; to provide for connection of all sanitary units and sewers and to provide penalties; to provide for

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a general policing and all police law; 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 the passage of all necessary, proper or incidental ordinances, resolutions, regulations and orders; to provide for the extension of jurisdiction and territorial limits; to provide for condemnation of water rights; to provide for control of sewers and pipes in said town; to provide for the collection of sanitary taxes; to provide for a board of health and to define the powers and duties of such board; to provide for the removal and adatement of nuisances; to provide for the regulation and prevention of sale of intoxicating liquors; to provide for fire districts in said town and for fire regulations therein; to provide for vaccination, for a pest house and for the prevention of diseases; to provide for a town cemetery and its regulation; to provide for the power of the town to grant encroachments on public streets; to provide for a town prison; to provide for the suppression of vice and houses of ill fame; to provide for executions in favor of said town, and for the advertisement and sales of property thereunder; to provide for tax sales, deeds and executions; to provide for the form of accusations and affidavits; to provide for town parks, and for the regulation of trees in said town; to empower said town to require all male citizens between ages of 21 and 50 to work on streets of the town, or to pay a commutation street tax in lieu thereof, and to provide for exemptions therefrom and for punishment for those failing to work streets or pay commutation tax; to provide for the regulation of trains and vehicles and their speed in said town; to provide for prevention of idleness and loitering; to provide for a town fire department; to provide for the collection of a tax on dogs; to provide for a code of Ordinances for said town; to require bulding permits before any building or structure can be erected in said

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town; to provide for the condemnation of private property, within and without the town, for public purposes; to provide for the issuance of bonds, for bonds elections and for the levy and collection of a tax to pay said bonds; to provide for the sales of town property by the Mayor and Council; to provide for the repeal of all prior Acts incorporating the Town of Ball Ground, and all Acts amendatory thereof; to provide that if any portion of this Act be declared invalid by a court of competent jurisdiction, the same will not affect the remaining portions; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority aforesaid, That from and after the passage of this Act the inhabitants of the territory now embraced in the corporate limits of the Town of Ball Ground, located in the County of Cherokee, State of Georgia, be and are hereby incorporated under the name and style of Town of Ball Ground. Town of Ball Ground incorporated. Section 2. Be it further enacted, That the corporate limits of the Town of Ball Ground shall extend one-half () mile from the center of the present court house of said town, said distance to be in a radius from the center of the said court house; Provided, that the Mayor and Council shall be empowered to extend the limits to three-fourths ([frac34]) miles, by ordinances, provided, further, that this shall not be done unless two-thirds (2/3) of the legally qualified voters of said town shall vote to extend the limits to three-fourths miles in a special election called by said Mayor and Council for that purpose, and in the event of such election all persons who are entitled to vote for members of the General Assembly of Georgia, who will be included in the new territory shall be allowed the privilege of voting and participating in said election as other qualified voters of said town. Corporate limits. Section 3. Be it further enacted, That from and after the passage of this Act the inhabitants of the territory described

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in Section 2 of this Act, located in the County of Cherokee, State of Georgia, be and are hereby incorporated under the name and style of Town of Ball Ground, and said Town of Ball Ground, is hereby chartered and made a town under the corporate name of Town of Ball Ground, and by that name shall have perpetual succession, and is hereby vested with all the rights, powers and privileges incident to municipal corporations of this State, or cities thereof, and all rights, powers, titles, property, easements and hereditaments within or without its corporate limits now belonging to said Town of Ball Ground shall be and are hereby vested in said Town of Ball Ground, as created by this Act; and the Town of Ball Ground as created by this Act may by its corporate name sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal; make and enact, through its Mayor and Councilmen, such ordinances, bylaws, rules, regulations and resolutions for the transaction of its business and the welfare and proper government of said town, as to said Mayor and Councilmen may seem best, and which shall be consistent with the laws of the State of Georgia and the United States. And the said Town of Ball Ground shall have the right and power to purchase, hold, rent, lease, sell, exchange, enjoy, possess and retain in perpetuity, or for any term of years, any property, estate or estates, real or personal, lands and tenements and hereditaments, and of whatever kinds, and within or without the limits of said town and for corporate purposes said Town of Ball Ground, created by this Act, shall succeed to all rights of and is hereby made responsible as a body corporate for all the legal debts, liabilities and undertakings of said Town of Ball Ground and its Mayor and Councilmen as a body corporate as heretofore incorporated. Succession. Powers. Section 4. Be it further enacted, That the municipal government of the Town of Ball Ground shall consist of and be vested in a Mayor and five Councilmen; that said Mayor

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and Councilmen shall have the full power and authority from time to time to make and establish rules, laws, ordinances, regulations 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, sales-stables, warehouses, sleeping apartments, restaurants, cafes, opera-houses, theatres, picture shows, and all kinds of shows and circuses, dance-halls, skating-rinks, bowling-alleys, pool and billiard-rooms, and all other places of amusement; storehouses, hitching places, markets, slaughter houses; garages, shops, mills, ginneries, factories, barber-shops, soda-founts, beer-saloons, telegraph and telephone companies, gas, water, light, and electrical companies, booths, stands, tents, stores, business establishments, filling stations, common carriers, all sales and displays in said town and all other matters and things whatsoever that may be by them considered necessary or proper or incident to the good government of said town, and to the peace, security, health, happiness, welfare, protection or convenience of the inhabitants of said town, and for the preserving of peace, good order and dignity of said government; and said Mayor and Councilmen shall have full power and authority to pass all laws and ordinances, rules and regulations, necessary and proper to preserve order, suppress crime and immorality in said town, not in conflict with the Constitution and Laws of this State, and to prescribe punishment for the commission of different acts of crime and violations of any ordinances of said Mayor and Councilmen, said punishment to be in accordance with that allowed by this charter to be inflicted on violators of said ordinances. This enumeration of powers shall not be construed as restricted to said powers alone, but shall include all and every other things and acts necessary or incident to municipal government and shall not conflict with any special power or authority given said

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government by this Act, but shall be construed as in addition to and in aid of such powers. Governing body. Powers. Police power. Crimes. Section 5. Be it further enacted, That the Mayor shall be the chief executive officer of said town and it shall be his duty to preside at all meetings of the town council; to see that all meetings are conducted in a parliamentary manner, to preserve order and decorum in such meetings; to inflict such punishment upon any person guilty of contempt before said council as may be authorized by municipal ordinances; to see that all laws, ordinances, rules, regulations and resolutions of the Mayor and Council of said town are faithfully executed and enforced; to appoint and be an ex officio member of all committees; to see that the officers of said town do faithfully perform the duties required of them; to see that all funds are properly accounted for and that all revenues are properly and promptly collected; to inform the Council from time to time of the general condition of said town and its affairs and recommend such measures as he may deem necessary or expedient for the welfare of said town; to inspect or cause to be inspected by one or more of the Councilmen of said town the records and books of account of the officers of said town and see that they are properly and correctly kept; to require such reports to be made by such officers, to the Council, as he may deem proper; to see that order is maintained in said town and that its property and effects are preserved. The said Mayor shall exercise general supervision and jurisdiction over the affairs of the said town; shall have authority to convene the Council in extra session as frequently as he may deem proper; to preside in the Police Court of the Town of Ball Ground, and is hereby given full authority to sit as a committing magistrate; to try all persons charged with violation of any ordinance of said town; and to impose sentences of punishment for such violations, within the limits hereinafter provided; to punish for contempt of court before such Police Court or contempt of the Council by imposing

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such sentence or penalty as may be authorized by the ordinances of said town; to bind said town by signing any contract, obligation or other matter entered into and authorized by ordinance or resolution of the Council of said town, properly passed in accordance with the provisions of this Act; and to do such other acts and things as may be proper and necessary in the proper conduct of the affairs of said town and as may be hereinafter authorized. Mayor chief executive. Powers. Books and records. Judge of police court. Contempts. Contracts. Section 6. Be it further enacted, That the present Mayor and Councilmen of said Town of Ball Ground who were elected on the first Saturday in December, 1940, shall continue in office until the first Monday in January, 1942, or until their successors are elected and qualified, and said Mayor and Councilmen shall exercise all of the powers and authorities conferred upon the Mayor and Councilmen of the said Town of Ball Ground, created by this charter, and on the first Saturday in December, 1941, a Mayor and five Councilmen shall be elected, as provided in the next section of this Act. Present officials. Section 7. Be it further enacted, That on the first Saturday in December, 1941, there shall be elected for said town, by the qualified voters therein, a Mayor and five Councilmen, and the Mayor and two of the said Councilmen shall be elected to serve for a term of one year, and three of said Councilmen so elected shall be elected to serve for a term of two years. Then, on the first Saturday in December in 1942, and biennially thereafter, a Mayor and two Councilmen shall be so elected for said town. Biennially, after said election on said first Saturday in December, 1941, three Councilmen shall be elected for said town, it being the purpose of this section to provide a rotation system for the terms of office of Mayor and Councilmen, in order that at no time shall there be elected to office at the same time a new Mayor and Councilmen throughout, but that after every election there shall remain in said body

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either a Mayor and two Councilmen, or three Councilmen who have served in said capacities for the one year preceding, thereby retaining in said body three officials who have had at least one year of experience in said capacities either as Mayor or as Councilman. With the exception of the Mayor and the two Councilmen who will be elected on the first Saturday in December, 1941 to serve for a term of one year, all elections for Mayor and Councilmen elected under the provisions of this charter shall be for two years, commencing on the first Monday in January next after their election, and until their successors are elected, or appointed and qualified. On the first Monday in January, after their election; the newly-elected Mayor and/or Councilmen-elect shall meet in the Town Hall in said town and then and there shall severall take, before some officer authorized under the laws of Georgia to administer oaths, the following oath of office, to-wit: I do solemnly swear that I will well and truly demean myself as Mayor (or Councilman, as the case may be) of the Town of Ball Ground for the ensuing term, and that I will faithfully enforce the charter and ordinances of said town to the best of my skill and ability, without fear or favor; so help me God. Should the Mayor or any Councilman be absent from said meeting, he or they shall take said oath of office as soon as possible thereafter. Said Mayor and Councilmen shall provide, by ordinance, for regular monthly meetings, and may hold such special or called meetings, as the business of the town may require, which special or called meetings shall be called by the Mayor in his discretion, to be convened as provided by the town ordinances. In the event that the office of Mayor, or any one or more of the Councilmen shall become vacant by death, resignation, removal, or otherwise, said vacancy or vacancies may be filled by appointment and selection by the Mayor and Councilmen, in the case of vacancies in the Council, and by the Councilmen in the case of a vacancy in the office of Mayor, and persons so selected shall be duly qualified to fill such vacancies. Election. Meetings. Oath. Vacancies, filling.

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Section 8. Be it further enacted, That should the Mayor or any member of the Council fail or refuse to perform the duties of his office for the term of three consecutive months, or should any officer-elect refuse to qualify, the office may be, in the discretion of the remaining members of the Council, declared vacant and the vacancy filled as above provided. Vacancy declared for dereliction of duty. Section 9. Be it further enacted, That elections held under this charter, and all elections in which any subject or question is submitted to the qualified voters of said Town of Ball Ground, shall be managed by a Justice of the Peace, or some other judicial officer, and two freeholders, who are citizens of said town and own real estate therein; or by three freeholders, all of whom shall be citizens of said town and own real estate therein; and said managers, before entering on their duties, shall take and subscribe before a Justice of the Peace, or some other officer qualified to administer oaths, or before each other, the following oath: That each of us do swear that we will faithfully and impartially conduct this election, and prevent all illegal voting, and prevent no one from voting who is entitled to do so according to law, to the best of our skill and power, so help me God. Said managers shall keep, or cause to be kept, copies of two list of voters and two tally-sheets. All voting in any election held in said town shall be by secret ballot and all electors shall be secure in their right to cast their ballot without annoyance from or by any person in or near any voting place, and to this end the Mayor and Council shall provide as many voting booths as may be necessary at said Town Hall for the holding of any election. The polls shall be opened at 8 o'clock, A. M. and close at 3:30 P. M. Persons receiving the highest number of votes for the respective offices shall be elected. The managers of all elections held under the provision of this charter shall be appointed by the Mayor and Councilmen. The Mayor and Councilmen shall determine and provide for the pay of managers

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of any elections and of any clerks that may be necessary in holding any election for their services in holding such elections, but such pay or compensation shall not exceed the sum of $3.00 per day for each such manager or clerk. Election officials. Oath. Voters' lists. Voting booths. Polls. Compensation. Section 10. Be it further enacted, That the said managers shall certify two lists of voters and two tally-sheets and shall place one list of voters and one tally-sheet in the ballot boxes with the ballots and seal the same, and shall forthwith deliver the same to the Ordinary of Cherokee County, or his Clerk. The other shall be placed in a package and sealed and forthwith delivered to the Clerk of said Town, who shall safely keep the same and it shall be the duty of the Mayor to call a special meeting of the Mayor and Councilmen for the purpose of declaring the result of said election; at said meeting it shall be the duty of said Clerk to deliver said package to the Mayor and Councilmen, who shall open the same and declare the results. The person receiving the highest number of votes for the respective offices shall be elected. In case of a tie between two or more candidates in any election for Mayor and Councilmen or either of them, or other elective officers, a new election as between candidates thus tied shall be ordered by the Mayor and Councilmen 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. Certification. Publishing. New election. Section 11. Be it further enacted, That if the result of and election held in said town is contested, notice of said contest shall be filed with the Ordinary of Cherokee County with three days after said election, and upon the payment in advance by the contestant, or contestants, to said Ordinary of ten dollars ($10.00), the said Ordinary shall within two days after he receives the same, cause a copy of said notice to be served by the Sheriff or his Deputy, on the contestee, if such contest is for an office; and if the result

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of any election in which any question is submitted is contested then said Ordinary shall cause notice to be served on the Mayor of the town; said Ordinary shall fix the time of hearing said contest, which shall not be later than ten days after service has been perfected, of which time both parties shall have five days' notice before the hearing. The contestor shall pay to the Sheriff, or his Deputy, two dollars ($2.00) in advance for service of notice of contest. Said notice of contest shall be set out therein plainly and distinctly the grounds upon which said result of election is contested; contestee may set up any cross grounds of contest. The contest shall be heard at the Cherokee County Court House. Said Ordinary is authorized to hear and determine any contest, and the losing party shall pay all costs, for which said Ordinary is authorized to issue the usual execution. Contest, notice. Service. Fees. Hearing, where held. Section 12. Be it further enacted, That the Mayor and Councilmen, at their first regular meeting in January, 1942, and annually thereafter, shall elect one of the Councilmen Mayor Pro-Tem, who shall, in the case of absence or disqualification of the Mayor, or for vacancy in that office, perform and discharge all duties, and exercise all of the authority of the office of Mayor upon taking the usual oath. Mayor pro-tem. Section 13. Be it further enacted, That all persons qualified to vote for members of the General Assembly of this State, and who shall have paid all taxes legally imposed and demanded by the authorities of said town, and shall have resided in the Town of Ball Ground thirty days prior to the election at which they offer to vote, and shall have registered as shall be required by the registration laws of said town, shall be qualified to vote at any election provided by this charter. Voters, qualifications. Section 14. Be it further enacted, That no person shall be eligible for the office of Mayor or Councilman of said town unless he shall have resided in said town one year

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immediately preceding his election and shall be a qualified voter in municipal elections for officers of said town, not convicted of any crime involving moral turpitude, and entitled to register under the registration laws which may be in force at that time in said town. The name of no candidate for either Mayor or Councilman shall be placed on the ballot in elections for Mayor and Councilmen, unless such candidate shall file with the Clerk of said Town, fifteen days prior to the election in which he desires to be candidate (legal holidays and Sundays excluded) his written notice that he desires that his name be placed on said ballot as a candidate either for Mayor or Councilman. Such written notice shall be in such form and contain such information as the Mayor and Council may provide by ordinance. No person shall be eligible for the office of Mayor or Councilman of said town unless such person shall file said above notice within the time above provided. Mayor and councilmen, eligibility. Notice before name placed on ballot. Section 15. Be it further enacted, That it shall be the duty of the Clerk, upon the first Monday immediately following any election in said town, either regular or special, to open a registration book for the registration of qualified voters of said town. Said book shall be kept open each and every day between the hours of 8 o'clock, A. M. and 6 o'clock, P. M. (Sundays and legal holidays excepted) until twenty days prior to any regular or special election of said town, when said registration book shall be closed, and after which no person shall be allowed to register his name on said book until said book shall be again opened following such election. It shall be the duty of the Clerk, upon application in person, and not by proxy, of any citizen who is qualified to vote for members of the General Assembly, who have paid all taxes of every character legally imposed and demanded by the authority of the town, and who upon the day of the election, if then a resident, will have resided in said town for thirty days prior thereto, to allow such person to register his name and color, recording on said book

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besides the applicant's name, his age, occupation or business. Said clerk shall not knowingly permit any one to register who is not lawfully entitled to do so, and shall in every case before registering the applicant, administer the following oath: You do solemnly swear that you are a citizen of the United States; that you have resided in Georgia for twelve months, in this County six months, and in the Town of Ball Ground thirty days next preceding this registration, or that by the date of the next town election, if you are still a resident of the town, you will have fulfilled these conditions; that it is your intention to remain a resident of this town until the date of the next town election; that you are twenty one years old; that you have paid all taxes due the Town of Ball Ground, and all poll taxes required by the laws of the State of Georgia, except taxes for this year, and that you have made all returns required of you by the ordinances of this town; so help you God. It shall be the duty of the Clerk to have written or printed the above oath on the front page of said registration book and to require the applicant for registration to swear to said oath and sign his name thereto or by some one authorized to do so for him. However, no person registering in said book shall be required to again register as a qualified voter of said town so long as he remains a resident of said town, and does not disqualify himself by nonpayment of taxes or otherwise, it being the purpose of this Act to provide a permanent system of registration for said town. Registration. Oath. Section 16. Be it further enacted, That at the first regular meeting of the Mayor and Councilmen in January of each year, said Mayor and Councilmen shall select and appoint three registrars, who shall be registered and qualified voters in said town. It shall be the duty of the said registrars to make and prepare a list of the registered and qualified voters of said town and furnish same properly certified to the Clerk of said town, as hereinafter provided. Such registrars shall take and subscribe an oath to faithfully

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and impartially perform the duties devolving upon them as registrars; said oath shall be in the form prescribed by the Mayor and Council. The compensation of such registrars shall be fixed by the Mayor and Council, at the time of the selection and appointment of such registrars, but such compensation shall not exceed the sum of three dollars ($3.00) per day for each registrar, for the time actually spent in the performance of their duties as registrars. The term of office of such registrars shall be for one year. Registrars. Oath. Compensation. Section 17. Be it further enacted, That the Clerk of the Town of Ball Ground shall close the registration book twenty days before any regular or special election, to be held in said town, at five o'clock, P. M. on such closing day and shall not permit any person to register after such time and until after such election shall have been held; and shall thereupon turn over said registration book to the registrars, who shall meet and make up, from said book a list of the qualified voters of said town, who are qualified to vote in such election; in making said list, the registrars shall exclude the names of all persons found to be not eligible to vote in such election or who have, in any way, disqualified themselves as legal voters. The said registrars shall complete their work on such voters list not later than five (5) days prior to such election and certify said list to be true and correct and deliver same to the Clerk of the Town of Ball Ground, and the said Clerk shall certify that same has not been altered nor changed since being delivered to him and on the morning of the election to be held in said town deliver said list to the election managers, selected to hold such election; and no person whose name does not appear upon said list shall be allowed or permitted to vote in said election unless such voter shall produce a certificate signed by the registrars that his name was omitted from said voter's list by accident or mistake. Registration closed 20 days before election. Voters list completed 5 days before election. Certification. Omission. Section 18. Be it further enacted, That all persons shall

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have the right to appeal from the decision of the Clerk, refusing any person the right to register; such appeal shall be made to the Board of Registrars within five days after the registration book shall have been closed prior to any election and said book delivered to said registrars and said board shall determine the eligibility of such person or persons to vote in such election and the decision of said board shall be final. Appeal. Section 19. Be it further enacted, That the Board of Registrars shall have full authority to purge all registration lists in said town of all illegal voters when said board makes up its list of qualified voters for any election, but said board shall give notice in writing or printing to all persons whom they have reason to suspect have registered illegally or are disqualified for any cause, and give such person an opportunity to be heard upon the question of his eligibility to vote in any election, and such notice shall clearly set forth the time and place of the hearing on such matter, and the name of no registered voter shall be stricken from the voter's list by said board unless such notice is given to such person whose name appears on the registration books, and upon such person, so notified, appearing before said board, as directed, said board shall hear any evidence submitted and determine the eligibility of such voter or voters, and the decision of the Board of Registrars on such question shall be final. Service of said notice by leaving the same at the most notorious place of abode of such person or persons whose name or names appear on said registration book shall be sufficient service. If any such person or persons so notified, as above provided, fails to appear and offer any evidence as to why his name should not be excluded from said voter's list, the said Board of Registrars shall proceed to purge said voter's list of the name or names of such person or persons if they find such person or persons are disqualified to vote in said election for any cause. Purging. Service.

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Section 20. Be it further enacted, That at the first regular meeting of the Mayor and Councilmen in January, 1942, and annually thereafter, the Mayor and Councilmen shall elect a Town Clerk and Treasurer, a Marshal, who may be Chief of Police, and as many policemen as in the judgment of the Mayor and Councilmen shall be necessary; a City Attorney and such other officers as the Mayor and Councilmen shall deem necessary in the good government of the Town. Each of said officers shall take such oaths, perform such duties and give such bonds as the Mayor and Councilmen may by ordinance prescribe; provided, that all bonds of officers shall be made payable to the Town of Ball Ground. Said Mayor and Councilmen shall have the power and authority to suspend and remove said officers, in their discretion; and it shall be the duty of the Mayor and Councilmen to fix the salaries, or compensation, of said Mayor and Councilmen, and all other officers, agents and employees of said town, which, when once fixed, shall not be increased during the term of office of the said Mayor, Councilmen or officers. However, the salary of the Mayor of said town shall not exceed the sum of $100.00 per year; the salary or compensation of the Councilmen of said town shall not exceed the sum of $50.00 each per year; the salary or compensation of the Clerk and Treasurer of said town shall not exceed the sum of $300.00 per year; the salary of the Marshal or Chief of Police of said town shall not exceed the sum of $100.00 per month; the salary of all other policemen of said town shall not exceed the sum of $60.00 per month each. All expenditures of the Mayor and Councilmen for town purposes shall be paid out of the town funds by an order drawn by the Town Clerk, after the Mayor and Councilmen have allowed the same. The Mayor and Councilmen may, at any time, employ as many policemen for said town for such length of time as said Mayor and Councilmen may deem necessary for the safety and protection of the citizens of said town, the salaries of such policemen to

Page 1102

be fixed by the Mayor and Councilmen, as above provided, in accordance with the limitations thereon as fixed by this charter. Town clerk, treasurer, marshal, chief of police, other officers. Removal. Salaries. Expenditures. Section 21. Be it further enacted, That the Mayor and three Councilmen shall constitute a quorum for the transaction of any business before the body; and a majority of the votes cast shall determine questions before them; provided, that every question so determined or ordinance passed shall receive no less than three votes. On all questions before the said Council the Mayor or the Mayor Pro-Tem, if he be presiding, shall be entitled to vote only in case of a tie. The Mayor shall have the veto power, and may veto any ordinance or resolution of the Councilmen, in which event the same shall not become a law unless subsequently passed over his veto by a vote of at least four Councilmen on an aye and nay vote, duly recorded on the minutes of the Town Clerk; but unless he shall file in writing with the Clerk of said town his veto of any measure passed by that body, with the reasons for withholding his assent within three days from its passage, the same shall become a law just as if signed and approved by said Mayor, but he may approve same and the measure go into effect immediately. Quorum. Veto. Approval. Section 22. Be it further enacted, That the Mayor or in his absence or disqualification the Mayor Pro-Tem., or in the case of the absence of both the Mayor and Mayor Pro-Tem., any Councilman of the Town of Ball Ground may hold and preside over a court in said town, to be called the Police Court, for trial of all offenders against the laws and ordinances of said town as often as 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, and punish for contempt. Said court shall have the power to punish all violations of the charter or ordinances of the town by a fine not to exceed one hundred dollars ($100.00), imprisonment in the town prison or the county jail, having previously arranged

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with the county officers, not to exceed thirty days, or to work on the streets in the town chain gang, or such other public places as the Mayor or Acting Mayor may direct, not to exceed thirty days; however, the punishment of confinement in the town or county jail and that of a sentence to work on the streets in the town chain gang shall not both be inflicted in any one case, and neither the punishment of confinement in the town or county jail, or that of a sentence to work in the town chain gang on the streets of said town shall be inflicted except as an alternative upon failure or refusal to pay such fine as may be fixed by the Mayor or Acting Mayor; in addition to said above punishment such fines imposed by the Mayor or Acting Mayor may be collected by execution. Police court. Fines and imprisonment. Limitation. Section 23. Be it further enacted, That the Mayor or Mayor Pro-Tem., in case he shall be presiding, shall have the power in said police court, if the offense charged against the prisoner be beyond his jurisdiction, to examine into the facts of the case, and commit the offender or offenders to jail or bail them if the offense is bailable by a Justice of the Peace under the laws of this State, to appear before the Superior Court of Cherokee County. Commitment. Section 24. Be it further enacted, That the Mayor and Councilmen of said town shall have the power to authorize by ordinance the Marshal or Policemen of said town to summons any or all by-standers to aid in the arrest of any person or persons violating any ordinance of said town, or any law of this State, and to provide a punishment for any person or persons failing or refusing to obey such summons. Summons. Section 25. Be it further enacted, That it shall be lawful for the Marshal or any Policeman of said town to arrest without warrant any person or persons within the corporate limits of said town who at the time of said arrest or before that time have been guilty of violating any ordinance of said town, and is at the time endeavoring to escape, and to hold

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such person so arrested until a hearing of the matter before the proper officer can be had, and to this end said arresting officers are authorized to imprison and confine any person arrested by them in the town prison or in the jail of Cherokee County, for a reasonable length of time. It shall be lawful for the Marshal or any Policeman of said town to arrest without warrant any person or persons who shall be guilty of a violation of any of the laws and ordinances of the Town of Ball Ground, which violation takes place in the presence of the said Marshal or Policeman. The Marshal and Policeman of said town are authorized to the same extent as Sheriffs of this State to execute warrants placed in their hands charging any person or persons with violating the criminal laws of this State. The Marshal and Policemen of this town are also authorized to arrest anywhere within the limits of this State any person charged with violating any of the ordinances of the Town of Ball Ground; 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 of the corporate limits of said town, except in obedience to written warrant signed by the Mayor, Mayor Pro-Tem., or Acting Mayor. The Town Marshal or any Policeman may take bonds for the appearance of any persons arrested by them, for appearance before the Police Court for trial, and all such bonds may be forfeited as hereinafter provided for forfeitures of appearance bonds by the Mayor or Mayor Pro-Tem. Warrants. Ball. Section 26. Be it further enacted, That the Mayor and Councilmen of the Town of Ball Ground shall have power to organize one or more chain gangs or work gangs, and confine therein persons who have been sentenced by the Police Court of the Town of Ball Ground, to work upon the streets or public works of said town; and shall have power to make rules and regulations that may be suitable

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or necessary for the care, management or control of said gangs, and to enforce same through its proper officers. Chain gangs. Section 27. Be it further enacted, That the Mayor or the Mayor Pro-Tem., when any person or persons are arraigned before the Mayor's or Police Court, charged with a violation of any of the ordinances, resolutions, regulations or rules of said town, may for good cause shown by either side, continue the hearing to such time as the case may be adjourned to, and the accused shall be required to give bond and security for his appearance at the appointed time for trial, or be imprisoned to await trial. If such bond be given, and the accused fail to appear at the time fixed for the trial, the bond may be forfeited by the Mayor or Mayor Pro-Tem., and an execution issued thereon by serving the defendant, if any to be found, and his sureties with a rule nisi, at least two days before the hearing of the said rule nisi. The Mayor, Mayor Pro-Tem., or acting Mayor shall also have power and authority to accept cash in lieu of bond and security for appearance of offenders for trial, and if such offender shall fail to appear at the time and place fixed for said trial, the cash so deposited shall be by order of the officer presiding, declared forfeited to the Town of Ball Ground. Continuances. Bond forfeitures. Cash bonds. Section 28. Be it further enacted, That any person convicted before the Mayor, or other presiding officer of the Police Court, may enter an appeal from the judgment of said court to the Board of Councilmen; Provided, the appeal be entered within two days after the judgment complained of is pronounced; and provided further, defendant pays the accrued cost in the case and gives bond to abide the final judgment of the case, which bond must be approved by the Clerk or Marshal. The said Councilmen shall as early as practicable thereafter, hear and determine said case so appealed, and shall investigate the case as fully as if the same had never been tried; that is, do novo. They shall have the power, if they find the defendant guilty, to decrease the fine

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imposed by the Mayor and may increase it is their discretion. Any person convicted by the Councilmen on the appeal shall have right to certiorari to the Superior Court of Cherokee County, provided all costs are first paid and bond and security given in double the amount of the fine imposed, to answer the final judgment rendered in the case; and provided, further, nothing in this section shall prevent the defendant who desires to appeal his case, as above provided, or to certiorari the same to the Superior Court, to file the usual pauper affidavit in lieu of either giving bond and security and the payment of the cost; and provided, further, the applicant failing to give the bond and security may, in the discretion of the Mayor, be placed in the town prison or county jail to await the final judgment of the appeal above mentioned. Nothing in this section shall be construed to prevent any person convicted of a violation of any ordinance of said town before the Mayor's or Police Court, from certioraring the proceedings directly to the Superior Court in all cases when certiorari will lie from the judgment of the Justice of the Peace in civil actions under the rules of law governing such cases. Appeal. Certiorari. Affidavit in forma pauperi. Right of certiorari preserved. Section 29. Be it further enacted, That all persons owning property in the Town of Ball Ground 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 first of each year; and the books for recording same shall be open on April first and close on June first of each year. Said property shall be returned by the property owner on blanks furnished for that purpose, at the fair market value thereof. Tax returns. Section 30. Be it further enacted, That the Mayor and Councilmen 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 unright freeholders residing in said town, who shall be citizens and qualified voters of said town, as a Board of Tax Assessors

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of said town. The Mayor and Councilmen shall fix the per diem compensation of said Tax Assessors, which shall not exceed the sum of three dollars ($3.0) per day for each tax assessor for each day actually spent in the performance of the duty of such assessor. Vacancies on said board may be filled by the Mayor and Councilmen as they occur during the year. Before entering upon the discharge of their duties, each assessor shall be sworn to faithfully and impartially perform the duties of said office. It shall be the duty of said tax assessors to assess the value of all real estate and personal property subject to taxation by said town, at its fair market value; and it shall be their duty to examine the tax returns made to them by property owners, and to increase the valuation of any real estate or personal prperty when in their judgment the value placed thereon in any return is too small. If any person or corporation fails or refuses to make return of any of his, her or its real estate or personal property, as 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. Said Board of Tax Assessors 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 Councilmen; 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 tax payer, with postage prepaid, to his last known address shall constitute legal notice to him. Board of tax assessors. Compensation. Vacancies. Oath. Assessments. Return in 30 days. Objections, hearings.

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Section 31. Be it further enacted, That any person dissatisfied with the assessment made on any of his property under the provisions of this Act shall have the right to appeal from the same to the Mayor and Councilmen 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 Councilmen at their next regular meeting, unless continued for cause, and their decision shall be final. The Mayor and Councilmen 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 assessors, if in their opinion it is returned and assessed below its fair market value. Appeal. Notice. Hearing. Changing valuation. Section 32. Be it further enacted, That the Mayor and Councilmen 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. Taxes, collection. Section 33. Be it further enacted, That the Mayor and Councilmen 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 as herein-after provided in this charter. Executions.

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Section 34. Be it further enacted, That for the purpose of raising revenue for the support and maintenance of the government of said Town of Ball Ground, and for the ordinary current expenses thereof, the Mayor and Council shall have full power and authority for the assessment, levy and collection of an ad valorem tax on all real and personal property, including money, notes, bonds and other evidence of debt, money used in banking and every other species of property in said town owned or held therein, of not exceeding One Dollar and Fifty cents ($1.50) on the hundred ($100.00) worth of taxable property, exclusive of the taxes for public schools as now authorized by law; and for the purpose of providing a sinking fund for the purpose of paying the principal of any bonds heretofore issued, or that may hereafter issue, by said town authorities and to provide a fund for the payment of the annual interest on said bonds a greater ad valorem tax may be levied and collected. Said Mayor and Councilmen shall have power and authority to provide by ordinance for the returns of all taxable property in said town, in accordance with the provisions of this charter, and to provide penalties for neglect or refusal to comply with the same. Provided, however, that said Mayor and Councilmen may provide for the retirement and liquidation of any bonded indebtedness of said town, both principal and interest, annually, by the assessment, levy and collection of a sufficient amount of money to retire and liquidate said bonded indebtedness as said principal and interest may become due and payable annually, this method to be used in lieu of a sinking fund, if said Mayor and Council so desire. Ad valorem tax. Rate. Penalties. Retirement. Section 35. Be it further enacted, That the Mayor and Council of the Town of Ball Ground shall have full control over the streets, sidewalks, alleys and lanes of said town, 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

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Town of Ball Ground, 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 Town of Ball Ground 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. Said Mayor and Council of the Town of Ball Ground 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, lands, alleys, sidewalks, or public squares of said town. Upon failure of the person or persons placing any of said obstructions upon said streets, lanes, alleys, sidewalks, avenues or public squares, 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 ordinances. Said Mayor and Councilmen shall have full power and authority to regulate (except as such power may be restricted by an existing general Law) the use of the streets, sidewalks and public grounds for signs, sign posts, awning, telegraph, telephone poles, racks and for carrying banners, hand bills and placards on the streets and sidewalks and public places of said town; and where any telephone, telegraph, power or electric poles have become a nuisance and interfere with traffic or travel on the streets, avenues, alleys, sidewalks or other public places of the town, also to compel any telegraph, telephone company, power or electric company having previously erected such poles and wires in said town, to remove same to any reasonable location designated by the Mayor and Councilmen, and in case said telegraph, telephone, power or electric company shall fail to remove same within thirty days after having been fully notified to do so, said town shall have the right to

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remove same at the expense of said company, and collect the cost of such removal from such company by execution. Streets and alleys. Condemnation. Removal of obstructions. Costs of removal. Regulation of use. 30 days' notice. Section 36. Be it further enacted, That the Town of Ball Ground is authorized to own and operate a system of waterworks for supplying water for all purposes to all persons, residents in said town, and to other persons as may be provided by ordinance. The Mayor and Councilmen shall have full power to make all rules and regulations for the management and operation of said water plant and to fix from time to time the rates charged for water with the right to classify said rates. Said Mayor and Councilmen 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 consumers whose service is discontinued and until such consumer shall have paid the penalty prescribed. Waterworks. Section 37. Be it further enacted, That said Town of Ball Ground shall also have power and authority to own and operate and control and regulate for the best interest of said town any other public utility, whether the same be electric light and power system, gas system, or any other public utility, of whatever kind or nature, and said town shall have full power and authority to condemn private property for such purposes, in accordance with the laws of this State, and to do all other things and acts necessary for the establishment and operation of such system and public utilities, and to pass any and all ordinances necessary for the establshment, operation, regulation and control of such systems and public utilities. Public utilities. Section 38. Be it further enacted, That the Mayor and Councilmen of said town shall have full power and authority to require any railroad company running railroads through said town, or any portion of it, to make and repair such crossings on their several roads whenever and in such manner as said Mayor and Councilmen may deem necessary;

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to replace or repair such crossings, or open up and keep open any and all streets in said town; and the Mayor and Councilmen may pass any ordinances needful for carrying out the provisions of this section, and in case any railroad company as aforesaid shall fail or refuse to make such crossings within five days, or to repair same within twenty-four hours after having been notified to do so by said town, the Mayor and Councilmen shall have power to create and make same across such railroads and repair same at the expense of said railroads, and may issue an execution therefor, and levy and collect the same as provided in case of tax executions. Railroads. Section 39. Be it further enacted, That the Mayor and Councilmen of said town shall have the right and authority to provide for the inspection of steam boilers, to regulate and prevent the storage of gunpowder, tar, pitch, rosin, coal, benzine, naptha, nitroglycerine, turpentine, cotton, petroleum, kerosene oil, gasoline, dynamite or other combustible or explosive material or substance within the limits of said town; and to regulate the use of lights in stables and shops and other places, or building bonfires; to regulate or prevent the sale and use of fireworks, firecrackers, torpedoes, skyrockets, Roman candles, firing of guns, pistols, anvils and every kind of gaming or hunting within the corporate limits of said town. Inspection of combustibles and explosives. Fireworks. Section 40. Be it further enacted, That said Mayor and Councilmen shall have full power and authority to require any person or firm, company or corporation, whether non-resident or resident in said town, who may engage in, prosecute or carry on any trade, business, calling, vocation or profession within the corporate limits of said town, if not in conflict with the laws of this Sate, by themselves or by their agents, to register their names, calling, trade, vocation, business or profession annually, and to require said person, firm, company or corporation to pay for said registration and for license to prosecute, carry on or engage in such business,

Page 1113

calling, trade or profession, such amounts as the Mayor and Councilmen may provide by ordinance. Said Mayor and Councilmen may provide by ordinance for the punishment of all persons, firms, companies or corporations required by ordinances to pay said taxes, or take out said license for same, who engage in or attempt to engage in such business, profession or occupation before paying such taxes or take out said license, or who fail to comply in full with all requirements of said ordinance made in reference thereto. Trades, businesses, professions, registration and licensing. Section 41. Be it further enacted, That said Mayor and Councilmen shall have full power and authority to license billiard tables, pool tables, ten-pin alleys, and all tables kept and used for the purpose of playing, gaming or renting, all ten-pin alleys, nine-pin alleys, or alleys of any kind which are kept for the purpose of playing on, or for the purpose of running the same, all tables, devices, stands, or places for the performance of any game or play, whether played with sticks, balls, or rings, or other contrivances, and to charge for said license such sum as they may by ordinance prescribe. Games. Section 42. Be it further enacted, That said Mayor and Councilmen shall have full power and authority to assess taxes on all persons carrying on a brokerage business in addition to other taxes they may have paid. They shall have the power to license brokers in said town, define by ordinance their powers and privileges, revoke their license, impose taxes and exercise such superintendance as will insure fair dealing between them and their customers. Brokers. Section 43. Be it further enacted, That the Mayor and Councilmen of said town shall have full power and authority to license, regulate and control all markets in said town, all taverns, hotels, boarding-houses, cafes, restaurants, saloons for the sale of creams, ices and such articles, all barber shops and beauty parlors, all oil-mills, ice works, laundries, waterworks, all opera houses, theatres, picture

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shows, drays, hacks, taxis, wagons, automobiles used for hauling of any kind, and vehicles used for hire, auctioneers, itinerant dealers, immigrant agents, all fire or life insurance companies doing business in said town, traders of all kinds, itinerant dealers in merchandise, itinerant dealers in jewelry and medicine except such as are exempted by the laws of this State. Also any person running a flying-jinny, flying-horse, merry-go-round, bicycle or skating rink and all circuses, side shows and all other shows or performances exhibiting in said town, and all persons, firms, companies or corporations selling goods, wares and merchandise by sample, advertisement or retail, or by wholesale, and all other businesses, callings or vocations which under the constitution and laws of this State are not exempt from license. Markets, hotels, etc. Section 44. Be it further enacted, That at the first regular meeting of the Mayor and Councilmen in each year, said Mayor and Councilmen shall pass and adopt, as hereinbefore provided, a tax or license ordinance fixing a license for each of the businesses, occupations or professions, trades or vocations, which under the laws of this State are subject to municipal license, and fixing the amount of such tax or license, and may issue fi. fa. against the persons subject to suhc license, which fi. fa. shall become and constitute a lien on all property of the person liable for such license and shall have the same rank and be enforceable in the same manner as town ad valorem tax fi. fas. Any person, firm or corporation who shall commence, begin or engage in any business, occupation, profession, calling or vocation, for which a license is required by the Town of Ball Ground, without having first procured such license and complied with all other requirements of said Town of Ball Ground, relative thereto, shall be guilty of a violation of the town ordinance provided for such license or tax and, upon conviction thereof, in the Police Court of said town, shall be punished as provided in this Act, and each day that such person, firm or corporation shall prosecute, carry on or engage in any

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such business, profession, trade or calling without having first procured said required license shall be a separate and distinct violation of said license ordinance; and prosecution under this section shall not be a bar to the issuance by said town of fi. fas. against said person, firm or corporation, and the levy and sale of property belonging to such person, firm or corporation, thereunder, but may be in addition to the methods herein provided for collecting such tax or license. If any person, firm or corporation shall commence, begin or engage in any business, within the Town of Ball Ground, requiring a license, prior to May first of any year, the Mayor and Councilmen shall add the sum of twenty per cent (20%) of the total amount of such license to such license fee, as a penalty for failure to procure same before May first; and if any person, firm or corporation shall, after May first of any year, commence, begin or engage in any business, within the Town of Ball Ground, requiring a license and shall operate same for a period of thirty days without procuring such license, the Mayor and Council shall then add the twenty per cent (20%) penalty above provided. The Mayor and Councilmen of said town shall have full power and authority to provide by ordinance, for the classification of all businesses, and to fix the license or taxes to be paid by the different classes of business, and all other rules and regulations necessary and proper in the premises. License taxes. Executions. Violation of ordinance. Cumulative. Pro-rata. Section 45. Be it further enacted, That the Mayor and Councilmen of said town may revoke the license of, and prohibit the operation of, any business or establishment for which a license may have been issued, in the event the same becomes a nuisance or is dangerous, hazardous or injurious to the health or morals of the inhiabitants of said Town of Ball Ground, and in case of such revocation, no refund of any amount paid for such license shall be refunded. But no license shall be revoked without giving written notice to the person, firm or corporation holding such license, such notice stating the reasons why such license is being revoked,

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and affording such person, firm or corporation an opportunity to be heard on the question before said Mayor and Council, the said notice setting forth the time and place of the hearing on the revocation of such license. At said hearing the person holding said license, or the firm or corporation holding same, may submit to the Mayor and Council whatever evidence he may desire touching upon the question of the revocation of such license. The decision of the Mayor and Councilmen of said town, revoking any such license shall be final. Revocation. Notice. Section 46. Be it further enacted, That the Mayor and Councilmen of said town shall have the power and authority to prevent horses, mules, cattle, hogs, sheep, dogs, goats and all other animals or fowls from running at large in said town, and to prevent and prohibit the keeping of hogs and goats within the town limits, or to regulate the manner in which they must be kept if allowed to remain. Also to impound such animal, or animals when found upon the streets of said town, and to charge such fees for same as they may prescribe, and in addition thereto charge for the keep of such animal or animals so impounded. Also when the owner or owners of such animal or animals shall fail or refuse to pay the impounding fee and cost of keeping said animal or animals, said animal or animals may be sold at public outcry and the proceeds applied to the payment of said fee and cost of keeping said animal or animals under such rules and regulations as may be prescribed by the Mayor and Councilmen. Animals running at large. Impounding. Selling. Section 47. Be it further enacted, That the mayor and Councilmen of said town shall have power and authority to condemn property for the purpose of laying out new streets and alleys and for widening, straightening and grading or in any way change the street lines and sidewalks of this town and when the power and authority granted by this section is exercised by the Mayor and Councilmen, it may be done, whether the land to be condemned is in the hands of an

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owner, trustee, administrator, guardian or agent in the manner provided by Sections 36-301 to 36-307, inclusive, of the Code of Georgia of 1933, and the Acts amendatory thereof. The Mayor and Councilmen shall have full power and authority to remove or cause to be removed any building, steps, fence, gate, post or other obstruction or nuisance in the public streets, lanes, alleys, sidewalks, or other public places in said town, and to enforce the provisions of this section by appropriate ordinances. Streets, condemnation. Section 48. Be it further enacted, That the Town of Ball Ground, by and through its Mayor and Council, is hereby authorized and empowered to establish and change the grade of any street, sidewalk, avenue, alley, lane or other public place in the said Town of Ball Ground, and to improve any street, sidewalk, avenue, alley, lane or other public place or, any portion thereof in said town, as hereinafter provided, by paving, repaving, curbing, guttering, macadamizing and draining the same, and with such other form of improvement as to them may seem proper, including the installation of manholes, catch-basins and drainage pipes, and to assess the cost of the same in the manner and proportions hereinafter set forth. Grading. Section 49. Be it further enacted, That one-half of the total cost of grading, paving, repaving or improving a sidewalk or any portion thereof in said town shall be assessed against the owners of the property abutting on the said sidewalk or portion thereof so paved, repaved, improved or reimproved, and the other one-half of such cost shall be paid by said town; provided, however, that when said sidewalks in said town shall be paved, repaved, improved or reimproved along any street, avenue, alley, lane or other public place which is unpaved the curbing of such sidewalk, when it is necessary to use curbing, shall be deemed and considered as a part of such sidewalk and the cost of the same shall be assessed against the abutting property on the basis provided for in this section. All corners of sidewalks in said

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town, and the curbing thereon, shall, for the purpose of assessment, be deemed and considered as abutting on corner lots or tracts. Costs. Section 50. Be it further enacted, that two-thirds of the total cost of grading, paving, repaving or otherwise improving any street, avenue, alley, lane or other public place, or any portion thereof, shall be assessed against the owners of the property abutting on each side of the street, avenue, alley, lane or other public place, or portion thereof so paved, repaved, improved or reimproved, the other one-third of such cost to be paid by said town, Provided, however, that when any street, avenue, alley, lane or other public place in said town shall be paved, repaved, or otherwise improved, the curbing shall be deemed and considered as a part of such paving, repaving or otherwise improving the same and the cost of such curbing shall be deemed and considered as a part of the total cost of such paving, repaving, improving and reimproving and shall be assessed accordingly against the owners of abutting property as provided for in this Section. All necessary drains, manholes, catchbasins, drain pipes, including storm, water drainage and culverts, together with such engineering, surveying and grading as it may be necessary to do in or upon any streets, sidewalks, avenues, lanes, alleys, or other public places shall be considered as a part of such paving or improving and the cost of the same, together with any and all other necessary expense incurred thereby, shall be deemed and considered as a part of the total cost of such paving or improving and shall be assessed accordingly against the owners of abutting property as provided for in this Act; provided, however, that the cost of the paving or the improving of a street intersection shall not be assessed against abutting property owners but shall be paid by said town. Assessments of public property. Engineering and surveying costs. Section 51. Be it further enacted, That said Mayor and Council of said Town of Ball Ground shall have the power to enact all ordinances and to establish all such rules and

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regulations as may be necessary to require the owners of all property subject to assessment to cause to be put in, renewed, replaced, changed, altered or constructed, all water, gas or sewer pipe connections to connect with any existing water, gas or sewer pipes in and underneath the sidewalks, streets, avenues, lanes and alleys and other public places where such public improvements are to be made and all costs and expenses for making such connections and renewals or replacements shall be considered as a part of the expense of paving said streets, sidewalks, avenues, lanes, alleys and other public places, and shall be included and made a part of the general assessment to cover the cost of such improvement and shall be taxed against the owners of such abutting property. Pipe connections. Costs. Section 52. Be it further enacted, That the assessment against each owner of abutting property under the provisions of this Act shall be pro-rated and the total amount of same shall be determined by computing the frontage of such owner together with the width of such pavement or improvement on the streets, sidewalks, alleys, lanes, avenues or other public places directly in front of such owner of abutting property so paved, repaved, improved or reimproved. Computation. Section 53. Be it further enacted, That where a railroad company or other company, person or corporation has tracks on or across said streets or sidewalks so paved or improved, the company, person or corporation owning, operating or controlling the same under lease or contract shall be assessed for the cost of such paving, repaving, or improving of so much of said street or sidewalk that lies within such tracks and for the full width of two feet on each side of said track. Railroads, paving. Section 54. Be it further enacted, That said Town of Ball Ground, by and through its Mayor and Council, may grade, pave, repave, improve or reimprove, widen, change

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or extend any of the sidewalks of said town including necessary curbing, drainage or guttering, whenever in its judgment the public convenience and welfare may require such improvements, and said Mayor and the Council may by ordinance provide for such improvements without a petition being first filed therefor as is required by this Act for the paving of streets, alleys or other public places. It shall not be necessary, unless the Mayor and Council should so desire, to advertise as is provided in this Act, for bids on sidewalks to be constructed, paved, repaved, improved or reimproved in said town, where the said sidewalk is to be constructed along any unpaved streets, avenues or alleys, but said town may cause the said work to be done on such sidewalks in any manner it may designate by ordinance without the letting of contracts therefor as is required by the provisions of this Act where a street abutting thereon is to be paved also, and the provisions of this Act as to assessments, and collection of same and the lien therefor shall apply as to such sidewalks so paved or improved. Where a sidewalk is to be paved, repaved, improved or reimproved in connection with the paving, repaving, improving or reimproving of an abutting street, however, bids shall be received therefor and contract let as is provided in this Act for paving of streets. Sidewalk Improvements. Bidding. Section 55. Be it further enacted, That no street, avenue, alley, lane or other public place in said town shall be paved, repaved, or improved until the passage of an ordinance authorizing the same, and no such ordinance shall be passed unless said Mayor and Council shall have first been petitioned in writing to pave, repave or otherwise improve the same by a majority of the persons, companies or corporations (or the owner or owners of a majority of the major portion of the front footage of abutting prperty) subject to assessment as provided in this Act for the cost of paving, repaving or otherwise improving the street, avenue,

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alley, lane or other public place, or portion thereof, proposed to be paved, repaved or otherwise improved. Paving, ordinances. Section 56. Be it further enacted, That in determining the number of petitioners for any of the improvements under this Act each company or corporation shall be counted as one person, and a majority in interest of owner's undivided interest shall be counted as one person, provided, that in any case where the improvements are petitioned for the owner or owners of a majority of the front footage of abutting property such owner or owners shall be counted as a majority of the persons, companies or corporations subject to assessment for the improvement petitioned for. Computation. Section 57. Be it further enacted, That the ordinance authorizing the paving, repaving, improving, or reimproving of any street, avenue, alley, lane, public place or sidewalk under provisions of this Act shall contain such information as shall be necessary to enable the preparation of the proper plans and specifications for the improvements proposed to be made; and pending the consideration of such ordinance an advertisement shall be inserted at least one time in the newspaper in said town, or which has a general circulation therein, in which the advertisements for Sheriff's sales in Cherokee County are published before the final passage of such ordinance, such advertisement giving notice of the introduction of such ordinance, the sidewalks, streets, avenues, alleys, lanes, public places, or portions thereof to be paved, repaved or improved, and it shall state that the property owners or others interested are notified to appear at a meeting of said Mayor and Council to be held at the time stated in said advertisement and make any objections that they may desire to urge against the passage of such ordinance. Said meeting may be held at the time for the regular monthly meeting of said Mayor and Council or at any other time they may designate. Any number of streets, sidewalks, avenues, alleys, lanes or other public places, or parts thereof, may be included in one ordinance, but any

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protest or objection shall be made as to each street, sidewalk, avenue, alley, lane or other public place, or parts thereof, and each shall be treated and considered as a separate and distinct project. At the time named in said advertisement if any property owner or other person desires to make objection to the passage of such ordinance full opportunity shall be given at such meeting, and after hearing objections, if any are made, to the passage of such ordinance said Mayor and Council shall have the right and power in their discretion to order such paving, repaving or other improvements to be made, or they may decline to pass said ordinance. After the passage of such ordinance any person, company or corporation subject to assessment for the cost of such improvement who does not within ten days thereafter begin legal proceedings to prevent said assessment from being made shall be conclusively presumed to have accepted the terms of said ordinance, and shall have agreed that the assessment herein provided for may be made, and shall have also agreed that all preliminary requirements for the passage of said ordinance have been fully complied with by said Mayor and Council, and said ordinance shall be held by the courts of this state to be conclusively valid and binding as against all such persons, companies and corporations subject to assessment as provided for in this Act. At any time after the passage of such ordinance that the Mayor and Council shall deem best they shall cause said improvements to be made. Ordinance must contain what. Advertising. Meeting. Number. Objections. Conclusiveness. Section 58. Be it further enacted, That said Mayor and Council may by ordinance provide such reasonable terms and conditions as they shall deem proper to impose with reference to the letting of the contracts and the provisions thereof; and the said Mayor and Council shall by ordinance provide that the contractors shall execute to the Town of Ball Ground a good and sufficient bond, in an amount to be stated in such ordinance, conditioned for the full and faithful performance of the work and the performance of the

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contract and for the protection of said Town of Ball Ground and all property owners interested against any loss or damage by reason of the negligence of improper execution of the work; and may require a bond in an amount to be stated in such ordinance equal to at least twenty-five per cent of the total cost of paving for the maintenance and good condition of such improvement for the period of not less than five years from the time of its completion or both, in the discretion of the said Mayor and Council, Said ordinance shall also direct the Mayor and Clerk of said town to advertise for sealed proposals for furnishing materials and performing the work necessary in making such improvements. The notice shall be in such form as they may deem best, but shall state what, if any, bonds will be required to be executed by the contractor aforesaid, and shall state the time when, the place where such sealed proposals shall be filed and when and where the same will be considered by said Mayor and Council. Said notice shall be published once a week for two consecutive weeks in some weekly newspaper of general circulation in said Town of Ball Ground. The right is hereby expressly granted to the Town of Ball Ground to call for bids on different kinds of pavement at the same time, for the doing of the work with as many different kinds of pavement as they may stipulate. At the time and place specified in such notice the Mayor and Council shall examine all bids received, and without unnecessary delay award the contract to the lowest and best bidder for the kind of improvement and materials with which they decide the streets, sidewalks and other places shall be improved and who will perform the work and furnish the materials which may be selected and perform all the conditions imposed by the said Mayor and Council as prescribed in such ordinance and notice for proposals. The said Mayor and Council shall have the right to reject any and all bids and readvertise for other bids when any such bid is not in its judgment satisfactory. Contractors. Bond. Amount. Time. Notice. Publication. Award. Rejection. Section 59. Be it further enacted, That as soon as the

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said contract is let, and cost of such improvement (which shall also include all other expenses incurred by the town incident to said improvements, in addition to the contract price for work and materials) is ascertained, the said Mayor and Council shall by ordinance direct their Consulting Engineer, or if they so desire, may appoint a committee, to appraise and apportion the cost and expenses of the same to the several tracts of land abutting on the said improvements as hereinbefore provided. Within fifteen days from the passage of such ordinance said Engineer, or Committee, shall file with the clerk of said town a written report of the appraisal and apportionment of such expense and cost, on the basis herein provided, to the several lots and tracts of land abutting on the said street, sidewalk, alley, avenue, lane or other public place so improved. When said report shall have been returned and filed and the said Mayor and Council shall appoint a time for the holding of a session of Council or shall designate a regular meeting of Council for the hearing of any complaints or objections that may be made concerning the said appraisal and apportionment as to any such lots or tracts of land abutting on said improvements, and notice of such session for the said hearing shall be published by the said Clerk of said town in one issue of some weekly or daily newspaper having general circulation in the Town of Ball Ground and said notice shall provide for the inspection of such returns by any property owner or other party interested in such return. The time fixed for said hearing shall not be less than five nor more than fifteen days from the date of the publication of the said notice. The said Mayor and Council at said session shall have power to review and correct said appraisal and apportionment and to hear objections to the same and to confirm the same either as made by said Engineer or Committee or as corrected by said Mayor and Council. The said Mayor and Council shall thereupon by ordinance assess the cost of said improvements as provided in this Act. This assessing

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ordinance shall thereupon assert a lien upon each portion of the property abutting on such paving, repaving or improvement for the amount of the assessment against the owner thereof to date back to the approval of the original ordinance providing for such paving and declare the same as of the date said original ordinance was passed. Such special assessment and the interest thereon are hereby declared to be a lien against the lots and tracts of land so assessed from the date of the original ordinance providing for such paving co-equal with the lien of other taxes and prior to and superior to all other liens against such lots or tracts and such liens shall continue until such assessment and interest thereon shall be fully paid. Provided, that each and every separate lot or tract shall bear alone its proportionate percentage of the assessment and no lien shall attach to any lots or tracts for the assessment against any other abutting owner. Committee, Apportionment. Council session. Inspection. Assessment. Lien. Section 60. Be it further enacted, That after the adoption of the ordinance provided for in section Fifty nine (59) of this Act a written statement shall be furnished by the Clerk of the said Town of Ball Ground to each abutting owner, person or corporation subject to be assessed as herein provided for, showing her, his or its pro-rata part of such assessment and it shall be the duty of such person, company or corporation so notified to pay the said Clerk within thirty days after the receipt of such statement the entire amount of the assessment against such person, firm or corporation. The notice of assessments herein provided for shall be served personally upon each of said property owners and upon each agent of such company or corporation residing within the limits of said town, or by leaving said notice at the most notorious place of abode of such persons or agents, and where such owner or agent is a non-resident of said town it will be sufficient service if said notice or statement be mailed to said property owner or agent at the last postoffice address of said owner or agent known to said Clerk.

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In the event such owner or agent is not known it will be sufficient to serve said notice upon any person in possession of the property against which such assessment is made. Service of such notices or statements may be made either by the Clerk or by the Marshal of said town. Statement. Payment within 30 days. Service. Owner unknown. Section 61. Be it further enacted, That if any person or persons, company or corporation shall fail or refuse to pay to the Clerk of said Town of Ball Ground his, her or its assessment as required by this Act, at the expiration of thirty days after the service of a statement as provided in the preceding Section, said Clerk will be authorized to issue executions bearing test in the name of the Mayor and Council of said town and specifying the improvements for which it is issued against the owner and also the property of such owner abutting on the sidewalks, streets, avenues, alleys, lanes or other public places, or portion thereof so paved or improved, which execution shall be a lien against such property from the date of the ordinance authorizing such improvement and bearing interest at the rate of seven per cent per annum from the date on which it was issued until paid. Said execution when issued shall be delivered to the Marshal of said town who shall levy the same upon the abutting real estate liable for such assessment and previously assessed for such improvements, and also after advertisement and other proceedings as in cases of sales for town taxes the same shall be sold at public outcry to the highest bidder; and such sale shall vest an absolute title in the purchaser subject to the right of redemption by the owner as is prescribed by the Code of Georgia of 1933 and Acts amendatory thereof, and said Marshal shall have authority to execute deeds to the purchaser when the property is sold and payment therefor is made, and to put the purchaser in possession thereof. At any such sale, the said Town of Ball Ground shall have the right to purchase any lands so sold as prescribed by the Code of Georgia of 1933 and Acts amendatory thereof. Execution. Lien. Levy. Sale. Deeds. Town may purchase.

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Section 62. Be it further enacted, That the Marshal of said town when so ordered by said Mayor and Council shall be authorized to transfer and assign any executions issued under the provisions of this Act and thereby vest the purchaser or the transferee with the same rights as to enforcing said execution and priority of payment as might have been exercised or claimed by said town before said transfer, and the town shall allow the use of its machinery of government for the collection of said executions. Transfer. Section 63. Be it further enacted, That the passage of the ordinance for paving, repaving or otherwise improving the streets, sidewalks, alleys, lanes or other public places, or parts thereof, in said city, together with the ordinance assessing the cost of the same and asserting a lien against the property abutting thereon shall, when properly entered on the minutes of the council, be notice of such lien from the date of the approval of such ordinance for such paving as full and complete as if the same were in the shape of an execution and entered on the docket of the Clerk of the Superior Court of Cherokee County, Georgia, under the general registration laws of this State. Notice of lien. Section 64. Be it further enacted, That any defendant in any such executions or owner of property against which the same is issued shall have the right to file an affidavit of illegality upon the ground that the same has issued, or is proceeding illegally, as provided by statute in cases of other executions, stating what amount, if any, is admitted to be due (which amount so admitted must be paid before said affidavit shall be received and said affidavit shall be received for the balance) provided, that any such defendant who has not within ten days after the passage of the ordinance authorizing such improvement begun legal proceedings to prevent the assessment for the cost thereof shall be presumed to have accepted the terms of said ordinance and agreed that the assessment be made and shall also have

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agreed that all preliminary requirements for the passage of said ordinance have been fully complied with by said Mayor and Council; otherwise the law relating to illegalities shall apply as in other cases. When the Marshal shall receive said affidavit of illegality as herein provided for, he shall return the same to the Clerk of the Superior Court of Cherokee County, Georgia, where it shall be tried at the first term of the court under the statute of this State that is applicable to the trial of illegalities and subject to the penalties provided by statute where affidavits of illegality are filed for delay. Either party to such affidavit of illegality shall have the right of appeal to the Supreme Court as in cases of illegalities originating from executions issued by the Superior Courts of this State. In the event any special assessment shall be found to be invalid or insufficient, in whole or in part, for any reason whatsoever, the Mayor and Council may at any time in the manner provided for the levying of an original assessment proceed to cause a new assessment to be made and levied which shall have like force and effect as an original assessment. Illegality. Presumption. Return. Trial term. Appeal. New assessment. Section 65. Be it further enacted, That whenever the abutting landowners of any street, avenue, alley, lane or any other public place petition to have the same improved as provided in this Act, and where the State, or any of its political subdivisions thereof, is the owner of property on any of said streets, the frontage so owned is to be counted as if owned by an individual, and shall be likewise treated for the purposes of assessment, and where the State [Illegible Text] the owner of the property the Governor is authorized to sign the petition provided for in this Act for and on behalf of the State; and where the county is the owner the Commissioner of Roads and Revenue of said Cherokee County is authorized to sign on behalf of the county, and where the Town of Ball Ground is the owner the Mayor of said town is authorized to sign for and in behalf of the said town. Petition by property owners. State ownership.

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Section 66. Be it further enacted, That the Mayor and Council of the Town of Ball Ground are authorized and empowered to call elections by the qualified voters of the 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 for the purpose of providing funds to pay pro rata part, as designated in this Act, of the expense of paving, repaving, improving or reimproving any or all the sidewalks, streets, alleys, avenues, lanes or other public places, or any portion thereof, in said town, for which said town would be liable under the provisions of this Act, and for the purpose of providing funds for the paving or improving of street intersections and for the payment of the assessments against said town as provided for in this Act for which the town would be liable by reason of being the owner of land abutting upon any of the streets or sidewalks paved or improved under the provisions of this Act, and for the purpose of providing funds for any other expense for which the said town would be liable, either in whole or in part, by reason of such paving or improving. Said bonds are to be issued under the general laws of the State of Georgia with reference to the issuance of bonds by municipalities and said Mayor and Council are authorized, empowered and required to levy and collect a tax annually, in addition to all other taxes authorized by law, upon the taxable property of said town, a sufficient tax and sum to meet, pay off and retire any such bonded indebtedness that may be incurred under the terms of this Act, according to the manner of the issuance of said bonds, and according to the terms, stipulations and tenor of said bonds, providing the sum raised for this purpose shall be used for no other purpose whatever. Bonds. Taxes. Section 67. Be it further enacted, That if the said Mayor and Council should deem it fitting and proper, they may provide in said assessment ordinance for street improvements that said assessment against the different tracts

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of land so assessed for the paving, repaving or otherwise improving of the streets, alleys, avenues, lanes and public places upon which such property abuts may be paid in ten (10) equal installments, which shall bear interest at the rate of seven per cent per annum until paid. Installment payments. Section 68. Be it further enacted, That, in the event that the Mayor and Council provide in said assessment ordinance for the paving, repaving or otherwise improving of any streets, lanes, alleys, or public places in said town that said assessments against the property abutting on said streets, alleys, lanes or other public places so improved or reimproved shall be paid in ten equal instalments, the first installment of said assessments, together with interest to that date upon the whole, shall be due and payable on the first day of September next succeeding the passage of said ordinance, and one installment with the yearly interest upon the amounts remaining unpaid shall be payable on the first day of September in each succeeding year until all shall be paid; provided, that if such assessing ordinance shall be passed after the first day of August in each year, the first installment of such assessment and interest shall be due and payable on October first of the following year. Said ordinance shall also provide that the owners of property so assessd shall have the privilege of paying the amounts of their respective assessments within thirty (30) days from the date of passage of said assessment ordinance. The owners of the property so assessed shall be allowed to make payment of their respective assessments without interest, within said period of thirty (30) days, to the Treasurer of the Town of Ball Ground. Installments due when. Option. Section 69. Be it further enacted, That, in the event the said Mayor and Council deem it fitting and proper and so provide the assessment ordinance for street improvements that the assessments against property abutting on such streets, alleys, avenues, lanes or public places shall be paid in said installments, the said special assessments and each

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installment thereof, and the interest thereon, are hereby declared to be a lien against the lots and tracts of land so assessed in the same manner and to the same extent as hereinbefore provided in this Act in Section 59 thereof, where provision is made declaring such street improvement assessments to constitute a lien against property so assessed where no provision is made for the payment of such assessments in installments. Lien. Section 70. Be it further enacted, That, in the event that the Mayor and Council provide in said assessment ordinance for the paving, repaving or otherwise improving of any streets, lanes, alleys or public places in said town that said assessments against the property abutting on said streets, alleys, lanes or other public places so improved or reimproved shall be paid in ten equal installments, the said Mayor and Council are hereby authorized and empowered to provide by resolution, after the expiration of thirty (30) days from the passage of the said assessment ordinance for the issuance of bonds in the aggregate amount of such assessments against said abutting property remaining unpaid, bearing date fifteen (15) days after the passage of the ordinance levying the said assessments, and of such denominations as the said Mayor and Council may determine, which bond or bonds shall in no event become a liability of the Mayor and Council or the Town of Ball Ground issuing the same. One tenth in the amount of any such series of bonds, with the interest upon the whole series to date, shall be payable on the fifteenth day of October next succeeding year until all shall be paid. Such bonds shall bear interest at a rate not exceeding six per cent (6%) per annum from their date until maturity, payable annually, and shall be designated as Street Improvement Bonds, and shall on the face thereof recite the street or streets or part of streets or other public places for the improvement of which they have been issued, and that they are payable solely from assessments which have been levied upon the lots and tracts

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of land benefitted by said improvements under authority of this Act. Said bonds shall be signed by the Mayor and attested by the Town Clerk, and shall have the impression of the corporate seal of such town thereon, and shall have interest coupons attached; and all bonds issued by authority of this Section shall be payable at such place, either within or without the State of Georgia, and shall be sold at not less than par, and the proceeds thereof applied to the payment of pro rata share of expenses of such street improvements so assessed against the property abutting on such streets so improved, 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, in so far as said bonds will apply on such amount so due. Said bonds shall be registered by the Clerk of the town in a book to be provided for that purpose, and certificates of registration by said Clerk shall be endorsed upon each of said bonds. Bonds. Town not liable. When due. Seal. Coupons. Contractor. Registration. Section 71. Be it further enacted, That, in the event that the Mayor and Council provide in said assessment ordinance for the paving, repaving or otherwise improving of any streets, lanes, alleys or public places in said town that said assessments against the property abutting on said streets, alleys, lanes or other public places so improved or reimproved shall be paid in ten equal installments and bonds are issued in accordance therewith, as provided in Section 70 of this Act, the assessments provided for and levied under the provisions of this Act shall be payable by the person owning said lots or tracts of land as the several installments become due, together with the interest thereon, to the Treasurer of the Town of Ball Ground, who shall give the proper receipts for such payments. It shall be the duty of the Treasurer to keep an accurate account of all such collections by him made, and such collections shall be kept in special fund to be used and applied for the payment of such bonds and the interest thereon and the expenses incurred

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thereto, and for no other purposes. It shall be the duty of the Clerk of said town, not less than thirty days and not more than forty days before the maturity of any installment of such assessments, to publish in one issue of a weekly newspaper having a general circulation in said town, 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; and it shall be the duty of said Treasurer promptly after the date of the maturity of such installment or assessment and interest and on or before the fifteenth day of October of each year, in case of a default of payment of any such installment or assessment with interest, to issue an execution against the lot or tracts of land assessed for such improvement, or against the party or person owning the same, for the amount of such assessment with interest, and shall turn over the same to the marshal or Chief of Police of the Town of Ball Ground or his Deputy, who shall levy the same upon the real estate liable for such assessment and previously assessed for such improvement; and after advertisement and other proceedings as in case of sales for town taxes, the same shall be sold at public outcry to the highest bidder, and such sales shall vest an absolute title in the purchaser, subject to the lien of the remaining unpaid installments with interest, and also subject to the right of redemption as provided by the laws of Georgia, and affidavits of illegality and other proceedings in said sales shall be the same as hereinbefore provided for the sale of property to satisfy street improvement executions. Payment to treasurer. Notice. Default in payment. Levy. Sale. Title. Illegality. Section 72. Be it further enacted, That if the said Town of Ball Ground has in its treasury a sufficient amount of money to pay for its pro rata share of the paving, repaving

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or otherwise improving of any streets, lanes, alleys, avenues or public places in said town, the Mayor and Council may, be appropriate ordinance, direct that such money be expended for the purpose of paying the pro rata share of said town for the expense of so improving such streets, avenues, alleys and public places and such expenditure shall be treated and considered as a current expense of the operation of said town, and this may be done without referring the question to the qualified voters of said town and without the necessity of any election to decide such question. Payment by town. Section 73. Be it further enacted, That nothing herein contained shall be construed to prevent the Mayor and Councilmen of said town 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, in the event such provisions shall be adopted by said town, after an election duly held, approving the same, in accordance with the provisions of said Chapter 69-4, and if such election should be held, and if a majority of the qualified voters voting in said election should vote in favor of the adoption of the provisions of said Act, any streets and sidewalks in said Town of Ball Ground may be improved in accordance with the provisions outlined in said Chapter 69-4, and if said Act is approved by such election, then the procedure outlined in the preceding Sections of this Charter for the improvement of streets shall be completely disregarded, and the provisions of Chapter 69-4 of the Code of Georgia of 1933, and Acts amendatory thereto, shall be followed exclusively for the improvement of streets and sidewalks in said town. Sections 69-401-434 not excluded. Procedure. Section 74. Be it further enacted, That the Mayor and Councilmen of said town shall have full power and authority to establish, construct and maintain and operate a system of sewerage and drainage, or parts of such system in said town, and around said town, for health and cleanliness

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and comfort of its inhabitants; and the said Mayor and Councilmen shall have entire and absolute control and jurisdiction over all said pipes, private drains and public sewers, private waterclosets, privies and the like, in said town with full power to prescribe the location, structure, uses and preservation, and to make such regulations concerning them in all particulars as may seem best for the preservation of the health of the inhabitants of said town, with full power also to require changes in or the total discontinuance of any such contrivances or structures already in existence, or that may be hereafter allowed. When any system of sewerage or drainage shall be constructed by said Mayor and Council, or under their direction, assessments may be made and executions may issue for the expense thereof; under the same rules and governed by the same provisions as assessments and executions for paving, grading or improving streets under this charter; and said assessments shall be a lien on the property so assessed, as provided in this Act for paving streets. And all the provisions of this charter in reference to making and enforcing assessments in paving streets and the amount thereof shall apply so far as they are applicable to constructing and maintaining sewers, and may be enforced by the Mayor and Councilmen by appropriate ordinances. Sewerage. Powers. Assessments. Lien. Other provisions applicable. Section 75. Be it further enacted, That in case any sewer or sewers, or parts of same, shall be located upon or through private property and the owner of said property refuses to grant right of way for that purpose, and such owners and the authorities of said town cannot agree upon the damages to be paid for such easement, the damage shall be assessed as in cases of property taken for opening, straightening or widening streets under this charter. Upon the payment or tender of the amount of the award the work may proceed notwithstanding the entering of an appeal. Condemnation. Section 76. Be it further enacted, That said Mayor and Councilmen may provide by ordinance for the execution of

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the provisions of these sections regarding sewerage, drainage and sanitation, except as to taking of private property for construction of sewers, by such boards, committees or officers as they may beem best. Delegation of authority. Section 77. Be it further enacted, That for the purpose of preservation of the health of the inhabitants of said town, the Mayor and Councilmen are empowered to extend their system of sewerage or drainage beyond the limits of said town and the provisions as to the construction and maintenance of such sewerage system and the taking of property therefor shall apply to the territory without the limits of said town as may be necessary for the construction of said system. Extra-territorial sewer rights. Section 78. Be it further enacted, That said Mayor and Councilmen shall have full power and authority to make assessments on the various lots of land and lots owners in said town for sanitary purposes, not to exceed two dollars per annum on each lot so assessed, and said Mayor and Councilmen are hereby emplowered to collect the same by execution against the lots so assessed and the owners thereof; the amounts so assessed shall be a lien on the lot from the date of assessment. The execution shall be issued and enforced in the same manner that executions are issued and enforced in said town. The amount so collected shall be used for sanitary purposes only. The said Mayor and Councilmen shall have power to prescribe what shall constitute a lot for sanitary purposes and assessments; provided, no residence lot shall be less than 25 feet front; and no business lot shall be less than 20 feet front; and provided further, the assessments shall not be made on vacant lots nor residence lots subdivided. Sanitary assessment. Section 79. Be it further enacted, That jurisdiction of the Mayor and Councilmen and the territorial limits of the Town of Ball Ground are hereby extended for police and sanitary purposes, over all the lands that may hereafter be

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acquired by said town for waterworks, sewer and electric light purposes and waterworks or other stations and adjacent lands and the pipes and mains of said waterworks system, and they shall have full power and authority to provide by ordinances for the protection of the town waterworks system and the preservation of the purity of the water, and to provide penalties for the violation of said ordinances, and the enforcementof the same. The police officers of said town shall have the authority to arrest any person, or persons, violating said ordinances, wherever found, within or without the limits of said town. The Mayor and Councilmen of said town shall exercise jurisdiction and police authority over any territory it may own or control without the limits of said town for electric light plant, sewerage or drainage, also, over the territory which may be hereafter acquired for town cemetery purposes and for a distance of two hundred yards in any direction from the boundary thereof, and shall have full power and authority to enact such ordinances and rules as they may consider necessary to protect these properties and grounds, as fully and completely as if the same were wholly located in the town limits proper, and the police officers shall have authority to make arrests of persons violating the same, wherever found, within or without the limits of said town. Extra-territorial police jurisdiction. Section 80. Be it further enacted, That the Mayor and Councilmen shall have full power and authority to contract for or to condemn any water rights, land or premises within or without the town for the purpose of establishing and maintaining an electric light plant and waterworks system, or sewerage system, or any of them; provided, that if the right to condemn herein granted be exercised, all proceedings shall be under the provisions of Sections 36-301 to 36-607, inclusive, of the Code of Georgia of 1933, and Acts amendatory thereof. Condemnation. Section 81. Be it further enacted, That said Mayor and Councilmen shall have full and absolute control of all town

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pipes, sewers, private drains, water-closets and the like in said town, with full power to prescribe their location, structure and use, and to make such regulations concerning them in all particulars as may seem best for the preservation of the health and comfort of the inhabitants of said town. The said Mayor and Councilmen shall have full power and authority to prescribe the kinds of water-closets and urinals to be used in the corporate limits of said town, and shall have power to condemn and compel the disuse of same when they do not conform to the kind prescribed for use by the Mayor and Councilmen, or whenever they become a nuisance. They shall also have the power and authority to compel the owner to connect water-closets and urinals on the premises of property owners with the sanitary system of the town, when such property is located on or near streets where there are such sewers and under such regulations and rules as may be prescribed by the Mayor and Councilmen, and said property owners who fail to connect any water-closet or urinals on the premises with the sanitary sewers of said town within the time prescribed by said Mayor and Councilmen, the Mayor and Councilmen may make such connections and assess the cost of said connection and fixtures and collect the same by execution issued by the Town Clerk against said real estate, and which excution may be enforced in the manner prescribed in this Act for enforcement of executions in favor of said town. The Mayor and Councilmen are also empowered and authorized to compel the disuse of any outdoor toilet in the corporate limits of said town, and to order the owner thereof to remove [Illegible Text] and if said owner should fail to remove same after having been given reasonable notice so to do the Mayor and Councilmen may cause same to be removed and the expense thereof shall be charged to the owner of such toilet, and the Clerk of said town is authorized to issue an execution for the expenses of such removal, against such owner. Said Mayor and Councilmen may order the removal and disuse of any such outdor toilet at any time when, in their judgment,

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such toilet becomes a nuisance or injurious to the health, comfort, convenience or well-being of the inhabitants of said town. Sanitary regulations. Section 82. Be it further enacted, That the Mayor and Councilmen of said town may be ordinance provide for a board of health, to consist of such number, to hold office such length of time, and to have such powers and duties as the Mayor and Councilmen may provide. It shall be their duty to meet as often as necessary, or as the Mayor and Councilmen may prescribe, and to visit every portion of the town, and to report to the Mayor and Councilmen all nuisances which are likely to endanger the health of the inhabitants thereof; said Mayor and Councilmen shall have power, upon report of said board of health, to cause such nuisance to be abated, and the recommendation of said board to be carried out in a summary manner at the expense of the party whose acts or negligence caused said nuisance, or the party owning such property upon which same may be located, as the Mayor and council may elect, and execution may issue against said property to collect the expense of said removal of said nuisance, which may be collected by the Marshal and by levy and sale as other executions are collected. Board of health. Section 83. Be it further enacted, That said Mayor and Councilmen shall have full power and authority to cause owners of town lots, and cellars, if same should prove a nuisance, or the board of health should recommend that said lots or cellars be filled or drained, to cause the owners to fill or drain said lots, or cellars to the level of the streets or alleys upon which said lots or cellars are located. That if the owners or occupants of the lots or cellars shall fail or refuse after notice, either to themselves or to their agents, as the Mayor and Councilmen may elect, to comply with the requirement of said Mayor and Councilmen, by draining or filling said lots or cellars, it shall be lawful for said Mayor and Councilmen, to have this work performed

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and the amount expended in doing so collected by execution, and the sale under such execution shall pass the title to the property. Drainage and cellars. Section 84. Be it further enacted, That said Mayor and Councilmen may by ordinance declare what shall be a nuisance in said town and provide for the abatment of the same. The Mayor's or Police Court in said town shall have concurrent jurisdiction with the Mayor and Councilmen of said town in respect to the trial and abatement of all nuisances in said town. Nuisances, abatement of. Section 85. Be it further enacted, That the Marshal and Policemen of said town shall have full power and authority to enter and if necessary to break open and enter any place in said town when the Mayor and Councilmen may have reasonable cause to believe, or may suspect to be a blind tiger, or place where spirituous, vinous, malt or intoxicating liquors are sold, and to seize the stock of liquors and apparatus for selling same; and said Mayor and Councilmen shall have full power and authority to abate as a nuisance any place in said town when said Mayor and Councilmen shall have reasonable cause to believe to be a blind tiger, or place where spirituous, vinous, malt or intoxicating liquors are sold, and to arrest the offender, or offenders; and upon a conviction of a person for maintaining a nuisance, as above stated, and as punishmen for same, said Mayor and Councilmen shall have full power and authority to cause said Marshal and Policemen of said town to seize and destroy the stock of liquors of said person and the apparatus for selling same, and otherwise punish said offender or offenders as may be prescribed by ordinance. Blind tigers. Section 86. Be it further enacted, That said Mayor and Councilmen may enact any and all ordinances, rules and regulations necessary to lay out a fire district in said Town of Ball Ground, and enlarge, change or modify its limits from to time, to prescribe when, how and of what materials

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buildings in said limits may be erected or covered, how thick the walls must be, manner in which the chimneys, stovepipes and flues shall be constructed, to change all things that they may deem necessary to protect said town as far as possible from danger from fire, and to prevent conflagration. They also have the power and authority to order changes in the construction of chimneys, stovepipes or flues, or the removal thereof, when in their judgment the same is dangerously or likely to become so, and make the owner or occupant of the premises pay the expenses of the same as they elect, which may be collected by execution; and if any person, firm or corporation shall erect any building which is not in accordance with the laws of said town, said Mayor and Councilmen may order said building removed, and if the person, firm or corporation shall not remove said building after notice to do so, then said Mayor and Councilmen shall have the power and authority to remove the same at the expense of the owner, which expense may be collected by execution as in other cases provided in this charter. Fire district. Chimneys. Section 87. Be it further enacted, That said Mayor and Councilmen shall have power and authority to enact ordinances for the purpose of preventing the spread of any contagious or infections disease, to declare and maintain quarantine regulations against such diseases, and punish for violation of any quarantine regulations of said town. They shall have the power to build or establish a pest house outside of town limits, and for this purpose they are authorized to buy, hold or receive real estate outside of the town. They shall have the power to compel the removal to the pest house of any person or persons who have small pox or other contagious diseases when in their judgment it is best for the welfare and health of the town. They shall have power to compel all persons to be vaccinated, whether they be permanent residents or sojourners, and may provide vaccination points and employ physicians, at the expense of

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the town, to vaccinate all persons who are unable to procure such vaccination, and may provide by ordinance punishment for persons failing to be vaccinated. Contagious diseases. Section 88. Be it further enacted, That said Mayor and Councilmen shall have power to protect all places of divine worship and cemeteries in said town, to provide places for the burial of the dead, either within or without the town limits, to regulate interments therein, and to expend annually a sufficient sum for keeping cemeteries in proper condition. Churches, cemeteries. Section 89. Be it further enacted, That the Mayor and Councilmen of said town shall have power to grant franchises, easements and right of way over, in, under and on the public streets, lanes, alleys, parks and other property of said town. Franchises, easements. Section 90. Be it further enacted, That should any person violate any of the ordinances of said town and escape from the jurisdiction thereof, he may be apprehended wherever he may be found, in this State, and the warrant of the Mayor of Mayor Pro-Tem, or Acting Mayor of said town shall be sufficient authority for his return and trial upon the charge resting against him, and should any person after trial and conviction of a violation of any ordinance of said town escape, he may be apprehended wherever found in this State, and the warrant of the aforesaid town officers, or either of them, shall be sufficient authority for his arrest and return; and all persons so escaping from the custody of the said town, or its officers, may be tried again for such escape, and punished not exceeding the penalties hereinbefore provided. Violation of ordinances, warrants for. Section 91. Be it further enacted, That the Mayor and Councilmen of said town shall be empowered and authorized through a committee, or by themselves, in the discretion of said Mayor and Councilmen, whenever necessary, to examine into the workings of and business of any officer,

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or conduct of any officer, and said committee, or Mayor and Councilmen conducting said examination, shall have power to send for persons and papers, compel the production of books and papers, compel the attendance of persons summoned, swear witnesses, and all disclosures pertinent to such investigation. Officials, examination of conduct. Section 92. Be it further enacted, That the Mayor and Councilmen shall have the power and authority to establish a fee-bill for the officers of said town, such fees, when collected, to be paid into the town treasury. Fees of officers. Section 93. Be it further enacted, That the Mayor and Councilmen shall provide for a town prison which shall be safe and suitable for the keeping and detention of town prisoners and convicts, and may appoint a custodian for same. The Mayor and Councilmen may contract with the proper authorities of Cherokee County for the use of the common jail of said county for this purpose. Town prison. Section 94. Be it further enacted, That said Mayor and Councilmen shall have full power and authority to suppress lewdness and all immoral conduct, gambling and gambling places, and to preserve the sanctity of the Sabbath day, and to this end may enact such ordinances and provide such penalties as they think advisable to carry out the powers granted in this Section. Lewdness, immorallity. Section 95. Be it further enacted, That the Mayor and Councilmen of said town shall have power upon proper and sufficient proof of houses of ill fame, bawdy-houses, lewd or gaming houses or places, to abate the same by causing the occupants thereof to be forcibly removed, after three days notice, and any property owner or agents who shall rent or suffer the same to remain on the premises, shall, upon conviction before the Mayor, be punished as for a violation of the ordinances of the town. Lewd houses. Section 96. Be it further enacted, That all executions in

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favor of the Town of Ball Ground for the enforcement and collections of any fine, forfeiture, assessment, taxes or other claim, demand or debt, shall be issued by the Clerk and bear test in the name of the Mayor (except when otherwise provided by this charter), and shall be directed to the Marshal of said town, and all and singular the sheriffs and constables of said State, and shall state for what issued and be made returnable to the Mayor and Councilman of the Town of Ball Ground at least within ninety days after the issuing of the same; and it shall be the duty of the Marshal or collecting officers to advertise the sale of such real or personal property as may be levied on by him to satisfy said execution, in the same manner respectively as Sheriff's sales of real property or constables sales of personal property are required to be made by law. All of said sales to be made at the place and within the usual hours of sale of sheriffs and constables, and to be made under the same rules and regulations as govern sheriff's sales and constable's sales of similar property; that the time, place and manner of sale of property, both real and personal, for taxes due, shall be the same as provided by law for sale under executions for State and County taxes. Whenever any land is sold for taxes, the owner thereof shall have the privilege of redeeming said property so sold for taxes by paying the purchaser the amount paid for said property at said tax sale, as shown by the recitals in the tax deed, plus a premium of 10 per cent of said amount for each year, or fraction of a year, which shall have elapsed between the date of sales and the date on which the redemption payment is made, said payment to be made to the purchaser at any time within 12 months from the date of said tax sale, and at any time thereafter until the right to redeem shall be foreclosed. All redemptions of land which has been sold for taxes due the Town of Ball Ground and the foreclosure of the right of redemption, and all other matters or things attending the redemption of land sold for taxes shall be governed by the laws of the State of Georgia, as

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embodied in Sections 92-8301 to 92-8314 of the Code of Georgia of 1933, and all Acts amendatory thereof. Whenever 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 for taxes and all cost, and after such property shall have been cried for a reasonable time, then any duly appointed or authorized agent of said town may bid off said property for said town, and the Marshal, or such other officer making the sale, shall make to the Town of Ball Ground a deed to the property so sold and deliver the same, and the title thus acquired by the town shall be perfect and complete after the period provided for the redemption of the owner shall expire, and after the foreclosure of the right to redeem, as above provided, and the Marshal, or other officer making the sale shall put the town in possession, and the Mayor and Councilmen of said town shall have no right to divert or alienate the title of the town to any property so purchased, except at a public sale to the highest bidder in such manner as may be prescribed by the ordinances of the Town of Ball Ground. The Town Clerk shall keep an execution docket and shall enter thereon all executions, giving the date, amount of each, and to whom delivered, and all proceedings thereunder; said execution shall also be returned to the office of said Clerk after being satisfied. All sales and conveyances made under executions as provided in this section shall have all the force and effect of sales and conveyances made by sheriffs and constables of this State, and the officer making the sales shall have the same power as the sheriff's and constables to put purchases in possession of property sold by them under the laws of this State. Fi. Fas. Section 97. Be it further enacted, That said Mayor and Councilmen shall by ordinance provide for the form of all accusations, affidavits and warrants to be issued in all trials for violations of the town ordinances and laws of this State, and the procedure in such trials. Nothing in this section

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shall operate to repeal the ordinances of the Town of Ball Ground now in force prescribing the form of warrants, accusations and affidavits, but the same shall remain in full force and effect until the same are repealed or amended by ordinance duly adopted by the said Mayor and Councilmen. Warrants, Accusations. Section 98. Be it further enacted, That said Mayor and Councilmen of the Town of Ball Ground shall have power and authority to acquire, on behalf of the Town of Ball Ground, by gift, purchase, lease or otherwise, grounds suitable for such park or parks as in their judgment may be to the interest and welfare of the citizens of said town. They shall have the power and authority to improve and keep up the same, and to this end may appoint such officers and employees as in their judgment may be necessary to carry out the purpose of this section. They shall have the right to draw on the ordinary expense fund of said town for said purpose. Parks. Section 99. Be it further enacted, That the Mayor and Councilmen of the Town of Ball Ground shall have the power and authority to adopt and enforce ordinances for said town to protect shade trees and public places in said town and to prevent cutting, injuring or mutilation thereof by telephone and telegraph linemen, or others, unless the same is done with the consent and under the direction of said Mayor and Council, or some officer appointed to direct the same. Said Mayor and Councilmen shall also have power and authority to order the removal of any tree in said town which, in the judgment of the Mayor and Council, impedes or hinders travel and traffic in said town. If, after reasonable notice to the owner of property in said town upon which said tree is located, such owner fails or refuses to remove said tree therefrom, the same may be removed by the Mayor and Councilmen at the expense of such property owner, and for such expenses of removal execution may issue against such property owner. Shade trees.

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Section 100. Be it further enacted, That the Mayor and Councilmen of the Town of Ball Ground may require and compel all male persons between the ages of twenty-one and fifty who have resided in the Town of Ball Ground as long as thirty days, except those who are exempted in Section 101 of this Act, to work upon the streets of said Town not to exceed fifteen days in each year, at such time or times as the Mayor and Councilmen may require, or to pay a commutation tax in lieu thereof, not exceeding seven dollars and fifty cents ($7.50) in any one year, as said Mayor and Councilmen may determine by ordinance. Should any person liable to work the streets under this section fail or refuse to do so, or to pay the street tax assessed in lieu thereof, after having received due notice so to do, as said Mayor and Councilmen may require, shall be deemed guilty of a violation of this section, and on conviction in the Police Court of said town, shall be fined by sum not exceeding fifteen dollars or imprisoned in the town priosn or by labor on the chain gang of said town not exceeding twenty days. Said Mayor and Councilmen may pass such ordinances as they may deem proper for the purpose of enforcing the provisions of this Section. Street tax. Section 101. Be it further enacted, That all ordained ministers of the gospel, who are in the regular discharge of ministerial duty, and in charge of one or more churches, and all men who have lost one arm or one leg; and all men who are either deaf, dumb or blind, either totally, or partially to the extent that they are unfit or unable to perform street work, shall be exempt from the street duty provided in Section 100 of this Act and such persons shall not be compelled to do such street work or pay such commutation tax. The question as to whether any male person either partially deaf, dumb or blind is unfit or unable to perform street work shall be left to the judgment of the Mayor and Councilmen and their decision on such question shall be final. Exemptions. Section 102. Be it further enacted, That the Mayor and

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Councilmen of the Town of Ball Ground shall have full power and authority to pass all laws and ordinances that they may consider necessary for the peace and good order, health, prosperity, comfort and security, of said town and the inhabitants thereof, and that may be necessary to foster virtue and good morals in said town; to supress lewdness, gambling, disorderly conduct, and to enforce such laws and ordinances by such penalties as are authorized by this charter. The said Mayor and Councilmen shall have full power to adopt and enforce any and all ordinances they may consider advisable or necessary to carry out the powers granted to said town and said Mayor and Councilmen by this charter; to make and enforce such ordinances, rules and regulations for the government of their body, and all officers of said town, and to do any and all other Acts and exercise all other powers conferred upon them by this Act, or that may be done or exercised, under the laws of this State conferring powers upon municipal carporations provided said laws, ordinances, regulations and rules are consistent with the laws of this State. Omnibus provision. Section 103. Be it further enacted, That said Mayor and Councilmen shall have the power to control and regulate the running and operating of all locomotives, trains, street cars, automobiles, trucks, and all vehicles for the transportation of persons and freight; to regulate the speed of such vehicles in said town, and to prescribe for the punishment of violations of such regulations; to prevent unnecessary noise from locomotives, steam whistles, bells or other contrivances that may disturb the peace and comfort of the citizens, and to adopt the necessary ordinances for these purposes and penalties and enforce the same for violation thereof. Traffic regulation. Section 104. Be it further enacted, That the Mayor and Councilmen shall have power to pass ordinances and regulations

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preventing idleness and loitering within the corporate limits of the town, and to prescribe penalties for violations thereof. Vagrancy. Section 105. Be it further enacted, That in case the Mayor or a Councilman while in office shall be guilty of malpractice and wilful neglect in office, or abuse of the power conferred on him shall be subject to be impeached by the Town Council, and on conviction shall be removed from office. Officials, Impeachment. Section 106. Be it further enacted, That it shall be the duty of the Mayor and Councilmen of said town to provide fire protection and they shall have power to organize and equip a fire department, either paid or volunteer, to make such appropriations as may be advisable for this purpose, and provide any buildings necessary therefor, and adopt such ordinances and regulations as will best promote the object of this section and the protection of property from fire. Fire department. Section 107. Be it further enacted, That the Mayor and Councilmen of said town shall have power and authority to impose a tax on dogs within said town, not to exceed two dollars each, and shall have power to enact ordinances providing for the collection of said tax, and authorizing the Town Marshal and Policemen of said town to kill any dog or dogs running at large in said town whose owners refuse to comply with such ordinances. Dog taxes. Section 108. Be it further enacted, That the Mayor and Councilmen of said town shall cause to be codified all ordinances of said Town of Ball Ground, together with this Act, into one book to be known as The Code of the Town of Ball Ground, which book shall be constructed in a similar manner to the deed record books now being used by the Clerk of the Superior Court of Cherokee County, Georgia, for recording deeds. Said Mayor and Councilmen shall, not later than the first regular meeting of the Mayor and Councilmen to be held in March, 1941, pass and adopt

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such code, as the Code of the Town of Ball Ground; and said code shall be admitted in evidence in any of the courts of this State upon the certificate of the Clerk of said Town of Ball Ground, certifying the same to be the code of ordinances and laws of said town. Town code. Section 109. Be it further enacted, That said Mayor and Councilmen shall have power and authority to require any person, firm or corporation to obtain from said Mayor and Councilmen or a committee appointed by said body, a written permit to erect in said town any house, building or any kind of structure, before such person, firm or corporation shall be allowed to erect in said town such house, building or structure, and to provide for and regulate the type of application for such permit, and what information such applications for building permits shall contain, and said Mayor and Councilmen have power and authority to prohibit the erection of any building, house or structure within the corporate limits of said town unless such building permit is first obtained prior to the erection of such building, house or structure, and to provide for the punishment of violators of such rules, regulations and ordinances. Building permits. Section 110. Be it further enacted, That the Mayor and Councilmen of said Town of Ball Ground shall have full power and authority to condemn private property for any public purpose, such as establishing public streets, sidewalks, parks, and playgrounds; for rights-of-way for any electric light, water supply, gas, or sewer line, or sewerage disposal plant, for sites for the building or enlarging of any public building, reservoir, or structure necessary for the operation and conduct of the fire department, water plant, electric light and power plant, gas works or system, sewerage system, including lines and disposal plants, or any other department of said town; and for any other public use whatsoever, whenever same is necessary in their opinion. Whenever the Mayor and Councilmen shall desire to exercise the power and authority to condemn property as

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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 or executors, administrator or administrators, 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 of 1933, Section 36-301, et seq. Streets, Sidewalks, etc., condemnation. Section 111. Be it further enacted, That the Mayor and Councilmen of the Town of Ball Ground shall have power and authority to issue bonds for and in the name of said town for any of the following purposes, to-wit: For purchasing lands, buildings; erecting buildings; improving property; purchasing equipment; purchasing improvements; paying for condemned property taken for public use; for building, equipping, and maintaining waterworks, water supply system, sewers and sewer system, disposal plants, electric, power and gas systems and services, and electric light system; for laying water-mains and sewers, paving, macadamizing, repairing and improving the public sidewalks, streets, lanes, alleys, crossings and public places in said town; for fire protection, fire-fighting equipment and facilities, and for any and all public uses and purposes that may be needed for said town. Bonds for utilities and streets. Section 112. Be it further enacted, That, before proceeding towards the issuing of bonds for any of the purposes named in the preceding Section, the Mayor and Councilmen shall prepare, or cause to be prepared by contract or otherwise, necessary plans, specifications, estimates of cost showing location, extent, cost and other information, all of which shall be on file and accessible to voters at least ten days before said bond election is to be held. The cost of preparing such plans, specifications and estimates of cost may be paid from current expense funds and/or from the proceeds of the bonds sold. Specifications.

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Section 113. Be it further enacted, That before any bonds of said town shall be issued for any of the purposes named in Section 111 of this charter, the Mayor and Councilmen of said town shall, by appropriate resolutions or ordinances direct and provide that such bonds shall be issued, and shall specify the purpose and amount thereof, the rate of interest to be paid annually, and when to be fully paid off, the place of payment and other terms and details thereof, and shall also in said resolution or ordinances call and provide for the holding of any election on the subject and for published notice thereof, as provided by the constitution and laws of this State. Such an election of elections may be called at any time or times, or from time to time, for issuing bonds for any one or more or all of the before-stated purposes, as deemed expedient by said Mayor and Councilmen; provided, always that the limits of the total bonded indebtedness of said town as fixed by the Constitution of this State, shall never be exceeded. Should the requisite number of qualified voters of said town, as prescribed by the Constitution and laws of this State, vote in favor of issuing bonds at any election called for by said Mayor and Councilmen as hereinbefore provided, then and in such event said town's Mayor and Councilmen shall, at any time before the time of issuing the bonds authorized by such election, provide for the assessment, levy and collection, during the life of said bonds, of an annual tax upon all property in said town subject to taxation, sufficient in amount to pay the principal and interest of said bonds. Any and all of the bonds and series of bonds issued by said town under the provisions of this charter shall become obligatory and binding upon said town and its taxpayers, with all the qualities of commercial papers; and said Mayor and Councilmen of said town are hereby authorized to negotiate and sell any of said bonds or series of bonds issued by said town, and the proceeds of such bonds when sold shall only be applied to the purpose or purposes for

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which they were respectively issued. All of said bonds, when issued, shall be signed by the Mayor and Clerk of said Town. Bonds, resolution or ordinance. Section 114. Be it further enacted, That whenever any bonds are issued by said town, it shall be the duty of the Mayor and Councilmen of said town to provide a sinking fund to pay off the principal and interest of such bonds or series of bonds at their maturity. Sinking fund. Section 115. Be it further enacted, That the Mayor and Councilmen of said town shall have power and authority, when necessary to supply casual deficiencies in the revenues of said town, to negotiate a temporary loan or loans and execute a note or notes therefor in the name of said town, as may be provided by special resolution or ordinances for that purpose. Loans. Section 116. Be it further enacted, That said town, by and through its Mayor and Council, shall have full power and authority to acquire, construct, reconstruct, improve and extend revenue producing projects and systems, to maintain and operate the same, to prescribe, revise, fix and collect rates, fees, tolls, and charges for the services, facilities and commodities furnished thereby and, in anticipation of the collection of revenues therefrom, to issue negotiable certificates payable solely from such revenues, to finance the cost of construction and operation of same and to exercise all the powers and authorities and to do all the things and acts authorized by the Revenue Anticipation Law of 1937, of this State, and Acts amendatory thereof. Revenue producing projects, construction, etc. Section 117. Be it further enacted, That all ordinances heretofore adopted by the Mayor and Councilmen of the Town of Ball Ground, and which are now in force and which are not inconsistent with nor repugnant to this Act, and not in conflict with the Constitution of the State of Georgia or the Constitution of the United States, shall

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remain in full force and effect, provided, that said Mayor and Councilmen of said Town of Ball Ground may at any time repeal, alter or amend any of said ordinances. Existing ordinances. Section 118. Be it further enacted, That all Acts of the General Assembly of Georgia heretofore passed, incorporating the Town of Ball Ground, and all amendments thereto, and conferring powers on same, are hereby consolidated into and superseded by this Act, and all provisions of former Acts which are inconsistent with this Act are hereby repealed, and all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Repeal of conflicting laws. Section 119. Be it further enacted, That the Mayor and Council of said Town shall have the power and authority to sell any property belonging to said town which shall become unnecessary and useless for town prposes, and to make a good and sufficient title to the purchaser. However, in the sale of such property by the Town the following procedure shall be followed: Before any such property shall be sold a resolution shall be passed and adopted by the Mayor and Council either in regular or special session, which resolution shall state that the property proposed to be sold is no longer necessary or useful for town purposes, and that it is expedient and beneficial to the town that the same be disposed of. Said property shall be sold only at public outcry to the highest and best bidder for cash on the regular sales day on which Sheriff's sales are held and after advertisement of said sale once a week for four weeks in the newspaper of said county in which the Sheriff's advertisements appear. Such sale shall be at the place and during the hours of Sheriff's sales in said County and the procedure of such sales shall be the same as provided for sales of property by a Sheriff. Town property, sale of. Section 120. Be it further enacted, That in the event any article, section, paragraph or provision or provisions of this Act, in whole or in part, or any isolated portion of

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this Act, or any provisions 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 Town of Ball Ground any powers or authorities in excess of any such permited by the Constitution and Laws of Georgia, or the United States, then such powers or authorities given shall be construed to extend just so far as possible as not to exceed the said authority of the General Assembly. Constitutionality. Section 121. Be it further enacted, That the provisions of this Charter shall become effective and in full force immediately after said charter is approved. Approved February 18, 1941. BARNESVILLE CHARTER AMENDMENTS. No. 134. An Act To amend the charter of the City of Barnesville, Lamar County, Georgia, so as to declare the establishment, keeping or maintaining a dairy or a herd of dairy cattle consisting of more than three head of cattle within two hundred yards of any public school school building, city auditorium, public school audotorium, or public children's playground, within the City of Barnesville, a nuisance Per Se and providing for the abatement of said nuisance and to provide penalties therefor and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia that the establishment, keeping or maintaining a dairy or a herd of dairy cattle consisting of more than three head within two hundred yards of a public school building, city auditorium, public school auditorium, or public

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children's playground, within the City of Barnesville, is a matter effecting the interest, health, public safety and general welfare. Dairies, regulation of. Section 2. Be it enacted by the authority aforesaid that the establishment, keeping or maintaining a dairy or a herd of dairy cattle consisting of more than three head of cattle within two hundred yards of any public school building, city auditorium, public school auditorium, or public children's playground within the City of Barnesville, is and the same is hereby deemed and declared to be a public nuisance Per Se. Nuisance per se. Section 3. Be it enacted by the General Assembly of Georgia that from and after the passage of this Act it shall be unlawful for any person, firm or corporation to establish, keep or maintain any dairy or herd of dairy cattle or other cattle consisting of more than three head in the City of Barnesville, within two hundred yards of any public school building, city auditorium, public school auditorium, or public children's playground within the City of Barnesville. Public building. Section 4. Be it further enacted that any person, firm or corporation violating the provisions of this Act shall be adjudged guilty of a misdemeanor and punished in the discretion of the presiding judge for a misdemeanor as prescribed in 27-2506 of the Code of Georgia of 1933. This section is to be cumulative to any other penalties or provisions now provided for by law and cumulative to other penalties provided for herein. Crime. Section 5. Be it further provided that any person, firm or corporation violating the provisions of this Act shall on conviction before the Mayor, Mayor Pro Tem, or three members of the Council as provided for by Code Section 357 of the Code of Barnesville, be punished as prescribed in section 356 of said Code. Punishment. Section 6. It is further enacted that the nuisance of establishing,

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keeping or maintaining a dairy or a herd of dairy cattle consisting of more than three head within two hundred yards of any public school building, city auditorium, public school auditorium, or public children's playground within the City of Barnesville, shall be abated in the manner as provided for in Section 40, 336 and 349 of the Code of the City of Barnesville. Abatement. Section 7. Be it enacted that the nuisance of establishing, keeping or maintaining a dairy or a herd of dairy cattle consisting of more than three head within two hundred yards of any public school building, city auditorium, public school auditorium, or public children's playground within the City of Barnesville, shall also be abated in the same manner as is now provided for by the laws of Georgia for the abatement of nuisances and any citizen or tax-payer of the City of Barnesville is hereby given the power and authority to move in his own name to have said nuisance abated. This provision is not restrictive but is cumulative. Cumulative provision. Section 8. If any clause, sentence or paragraph or part of this Act shall for any reason be adjudged by any Court of competent jurisdiction to be invalid such judgment shall not effect, impair or invalidate the remainder thereof but shall be confined in it's operation and effect to the clause, sentence, paragraph or part thereof directly involved in the controversy in which said judgment shall be limited. Constitutionality. Section 9. Be it further enacted that all laws and parts of law in conflict with this Act are hereby repealed. Approved March 6, 1941.

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BAXLEY BOARD OF EDUCATIONAMENDMENT. No. 270. An Act To amend Section 2 of House Bill No. 430 which passed the House February 19, and passed the Senate February 27, entitled An Act to amend the Charter of the City of Baxley by striking the words January, 1942 in Section 2 of said House Bill No. 430, and inserting in lieu thereof the words December, 1941. and for other purposes. Section 1. Be it and it is hereby enacted by the General Assembly of the State of Georgia that Section 2 of House Bill No. 430 which passed the House on February 19, and passed the Senate on February 27, be amended by striking the words January, 1942, and inserting in lieu thereof the words December, 1941 so that said section of said House Bill No. 430, when amended, will read as follows to-wit: Act of 1941 amended. Section 2. Be it further enacted that said two additional members of the Board of Education hereby provided for shall be appointed by the Governor for a term beginning with their appointment and continuing until the next regular election of members of the Board of Education by the Mayor and Council of the City of Baxley next after the regular election of a Mayor and Council of said City on the second Wednesday in December, 1941, at which time a Board of Education of five members shall be elected by the Mayor and Council to serve and continue in office as at present, instead of a Board of three members. 2 additional members to be appointed by the governor. Election by mayor and council. Section 2. Be it further enacted that all laws and parts of laws in conflict herewith be and they are hereby repealed. Approved March 24, 1941.

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BAXLEY BOARD OF EDUCATION. No. 134. An Act To amend an Act entitled An Act to amend the Charter of the City of Baxley and so forth, and for other purposes, approved December 22, 1896, by striking the word three from the third line of Section 22 of said Act and substituting in lieu thereof the word five to provide for appointment of two additional Board members, and for other purposes. Section 1. Be it and it is hereby enacted by the General Assembly of the State of Georgia that the above entitled act published in Georgia Laws of 1896 beginning at page 127 be and it is hereby amended by striking the word three from the third line of Section 22 of said act and substituting in lieu thereof the word five so that when amended said section shall read as at present except that the Board of Education therein provided for shall consist of five persons instead of three persons as at present. Act of 1896 amended. Section 2. Be it further enacted that said two additional members of the Board of Education hereby provided for shall be appointed by the Governor for a term beginning with their appointment and continuing until the next regular election of members of the Board of Education by the Mayor and Council of the City of Baxley next after the regular election of a Mayor and Council of said City on the second Wednesday in January 1942, at which time a Board of Education of five members shall be elected by the Mayor and Council to serve and continue in office as at present, instead of a Board of three members. Additional members. Section 3. Be it further enacted that all laws and parts of laws in conflict herewith be and they are hereby repealed. Approved March 6, 1941.

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BLAIRSVILLE CITY CHARTER. No. 414. An Act To repeal and supersede the several Acts incorporating the Town of Blairsville, in the County of Union, State of Georgia; to create a new Charter and Municipal Government for said Corporation; to declare the rights and powers of the same, and for other purposes. Section 1. Be it enacted, by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid, That from and after the passage of this Act, the inhabitants of the territory now embraced in the corporate limits of the city of Blairsville, located in the county of Union, State of Georgia, be, and are, hereby incorporated under the name and style of the City of Blairsville, and the said city of Blairsville is hereby chartered and made a city under the corporate name of the City of Blairsville, and by that name shall have perpetual succession, and is hereby vested with all the rights, powers and privileges incident to municipal corporations of this State, or cities thereof, and all rights, powers, titles, property, easements and hereditaments, within or without its corporate limits, now belonging to said city of Blairsville, shall be, and are, hereby vested in said city of Blairsville, as created by this Act; and the said city of Blairsville, as created by this Act, may be its corporate name, sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, make and enact, through its mayor and councilmen, such ordinances, by-laws, rules, regulations and resolutions for the transaction of its business, and the welfare and proper government of said city, as to said mayor and councilmen may seem best, and which shall be consistent with the laws of the State of Georgia and the laws of the United States. And the city of Blairsville shall have the right and power to purchase, hold, rent, lease, sell, exchange, enjoy, possess and retain in perpetuity, or for any

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term of years, any property, estate or estates, real or personal, lands and tenements and hereditaments, and for whatsoever kinds, and within or without the limits of said city, for corporate purposes said city of Blairsville, created by this Act, shall succeed to all rights of, and is hereby responsible, as a body corporate, for all the legal debts, liabilities and undertakings of said city of Blairsville, and its mayor and councilmen, as a body corporate, as heretofore incorporated. City of Blairsville incorporated. Section 2. Be it further enacted, That the corporate limits of said city of Blairsville shall extend in a radius of one-half mile from the courthouse in said town. Limits. Section 3. Be it further enacted, That the municipal government of the city of Blairsville shall consist of, and be vested in, a mayor and three councilmen. That the present mayor and three councilmen of said city, who were elected on the first Monday of September, 1940, shall continue in office until the first day of January, 1943, or until their successors are elected and qualified, and said mayor and councilmen shall exercise all the powers and authorities conferred upon the mayor and councilmen of said city of Blairsville, created by this charter, and on the fourth Saturday in December, 1942, a mayor and three councilmen shall be elected as provided in the next Section of this Act. And biannually thereafter the election shall be held on this date. Government. Section 4. Be it further enacted, That on the fourth Saturday in December, 1942, there shall be elected for said city, by the qualified voters herein, a mayor and three councilmen, and biannually thereafter, on the fourth Saturday in December, a mayor and three councilmen. All elections for mayor and councilmen under this charter shall be by general tickets. The term of office of the mayor and councilmen elected under the provisions of this charter shall be two years, commencing on the first day of January next after their election, unless said day shall fall upon Sunday, then

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and in that event, on the following day, and until their successors are elected and qualified. On the first day of January after their election, unless it shall happen on Sunday, then in that event, on the following day, the mayor and councilmen-elect shall meet at the courthouse or other usual places of holding council meetings in said city, and there shall severally take, before some officer authorized under the laws of Georgia to administer oaths, the following oath of office, to-wit: I do solemnly swear that I will well and truly demean myself as mayor (or councilmen, as the case may be) of the city of Blairsville for the ensuing term, and that I will faithfully enforce the charter and ordinances of said city to the best of my skill and ability, without fear or favor; so help me God. Should the mayor or any councilmen be absent from said meeting, he or they shall take oath of office as soon as possible thereafter. Said mayor and councilmen shall provide, by ordinance, for regular monthly meetings, and may hold such special or called meetings as the business of the city may require, to be convened as provided by the city ordinances. In the event that the office of mayor, or any one or more of the councilmen shall become vacant by death, resignation, removal, or otherwise, said vacancies or vacancy may be filled by appointment and selection by the mayor and councilmen, in cases of vacancies in the council, and by the councilmen in case of a vacancy in the office of mayor, and such persons so selected shall be duly qualified to fill such vacancies. Election. Oath. Meetings. Section 5. Be it further enacted, That should the mayor or any member of the council fail or refuse to perform the duties of his office for the term of three consecutive months, or should any officer-elect refuse to qualify, the office may be, in the discretion of the remaining members of the council, declared vacant, and the vacancy filled as provided. Vacancy. Section 6. Be it further enacted, That all elections held under this charter, and all elections in which any subject

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or question is submitted to the qualified voters of the city of Blairsville, shall be managed by a justice of he peace, or some other judicial officer, and two freeholders, all of whom shall be citizens of said city and own real estate therein; and said managers, before entering on their duties, shall take and subscribe before some justice of the peace, or some other officer qualified to administer oaths, or before each other the following oath: That each of us do swear that we will faithfully and impartially conduct this election, and prevent all illegal voting, and prevent no one from voting who is entitled to do so according to law, to the best of our skill and power; so help me God. Said managers shall keep, or cause to be kept, copies of two lists of voters and two tally-sheets. All elections shall be held at the county courthouse in said city, and the voting shall be by ballot. The polls shall be opened at 8 o'clock a. m. and close at 6 o'clock p. m. Persons receiving the highest number of votes for the respective offices shall be elected. The managers of all elections held under the provisions of this charter shall be appointed by the mayor and councilmen. The mayor and councilmen shall determine and provide for the pay of the managers, and of any clerks that may be necessary for the holding of the election. Elections, management. Oath. Polls. Section 7. Be it further enacted, That the said managers shall certify two lists of voters and two tally-sheets, and shall place one list of voters and one tally-sheet in the ballot boxes with the ballost and seal the same, and shall forthwith deliver the same to the ordinary of Union county, or his clerk. The other shall be placed in a package and sealed and forthwith delivered to the clerk of said city, who shall safely keep the same, and it shall be the duty of said mayor to call a special meeting of the mayor and councilmen for the purpose of declaring the result of said election; at said meeting it shall be the duty of said clerk to deliver said package to the mayor and councilmen, who shall open the same and declare the results. If the result of any election

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held in said city is contested, notice of said contest shall be filed with the ordinary of Union county within three days after said election, and upon the payment in advance by the contestant, or contestants, to said ordinary, of ten dollars; the said ordinary shall, within two days after he received the same, cause a copy of said notice to be served by the sheriff or his deputy, on the contestee, if such contest is for an office; and if the result of any election in which any question is submitted is contested, then said ordinary shall cause notice to be served on the mayor of the city; said ordinary shall fix the time of hearing said contest, which shall not be later than ten days after service has been perfected; of which time both parties shall have five days notice before the hearing. The contestor shall pay the sheriff, or his deputy, two dollars in advance for service of notice of contest. Said notice of contest shall set out therein plainly and distinctly the grounds upon which said result of election is contested; contestee may set up any cross grounds of contest. The contest shall be heard at the courthouse. Said ordinary is authorized to hear and determine any contest, and the losing party shall pay all costs, for which said ordinary is authorized to issue the usual execution. Voters list. Contest. Section 8. Be it further enacted, That the mayor and councilmen at their meeting on the first day of January 1943, and biannually thereafter, shall elect one of the councilmen mayor pro tem., who shall, in the absence or disqualification of the mayor, or for vacancy in that office, perform and discharge all duties, and exercise all of the authority of the office of the Mayor upon taking the usual oath. Mayor pro-tem. Section 9. Be it further enacted, That all persons qualified to vote for members of the General Assembly of this State, and who shall have paid all taxes legally imposed and demanded by the authorities of said city, and shall have resided in said city one month prior to the election at which

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they offer to vote, and shall have registered as shall be required by registration laws of said city, shall be qualified to vote at any election provided by this charter. Voters' qualifications. Section 10. Be it further enacted, That no person shall be eligible for the office of Mayor or Councilmen of said city unless he shall have resided in said city one year immediately preceding his election, and shall be a qualified voter in municipal elections for officers of said city, and not convicted of any crime involving moral turpitude, and entitled to register under the registration laws which may be in force at that time in said city. Mayor, qualification. Section 11. Be it further enacted, That at the meeting of the Mayor and Councilmen on the first day of January, 1943, and biannually thereafter, the Mayor and Councilmen shall elect a City Clerk and Treasurer, and if in their opinion it is necessary, a Marshal who may be chief of police, city attorney, and such other officers as the Mayor and Councilmen shall deem necessary in the good government of the city. Each of said officers shall take such oaths, perform such duties as the Mayor and Councilmen may be ordinance prescribe. That the clerk of said council shall be elected from said council and such clerk shall give bond in the sum of $500.00, said bond to be provided by the city and said bond shall be made payable to the city of Blairsville. Said clerk shall make said bond immediately upon the passage and approval of this charter. Said Mayor and Councilmen shall have power and authority to suspend and remove said officers, in their discretion. Said Mayor and Councilmen and all of the above mentioned officers except clerk and marshal shall serve without any compensation. Said clerk shall have as compensation not more than $5.00 per month, payable monthly. The compensation of said marshall if there be one shall not be more than $30.00 per month, payable monthly. All expenditures of the Mayor and Councilmen shall be paid out of the city funds by an order drawn

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by the city clerk, countersigned by the Mayor, or in his absence, by the Mayor Pro Tem., after the Mayor and Councilmen have allowed and audited the same. No money can be paid out except by approval of the Mayor and a majority of the city council by action taken at a meeting when all are present. City clerk, treasurer, marshall, other officers. Clerk, bond. Removal. Compensation. Section 12. Be it further enacted, That it shall be the duty of the said clerk of the City of Blairsville to collect all taxes, all fines and all moneys paid in to the city. All amounts must be immediately recorded on a book kept in the hands of the clerk for that purpose, and for which he will be held responsible. That said clerk shall copy from the tax digest of Union county a list of all the tax payers in said city of Blairsville with the amount of taxes returned by them and said list shall be the bases upon which the taxes of the said city are levied; provided that no person shall pay taxes upon property listed that is out of the corporate limits of said city of Blairsville. Said clerk shall have published in a newspaper in said city and posted at a prominent place in said city a financial statement of all moneys collected and expended during the year. Said statement shall be published the week preceding of said officers and said publication shall begin in the year 1942, that being the week of the third Monday in December. Taxes. Section 13. Be it enacted, That the mayor and two councilmen shall constitute a quorum for the transaction of any business before the body, and a majority of the votes cast shall determine questions before them; provided, that every question so determined, or ordinance passed, shall receive not less than two votes. On all questions before the said council the mayor, or mayor pro tem., if he be presiding, shall be entitled to vote only in case of a tie. He shall have the veto power, and may veto any ordinance or resolution of the councilmen, in which event the same shall not become a law unless subsequently passed over his veto by a

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vote of at least two council men on a yea and nay vote, duly recorded on the minutes of the city clerk; but unless he shall file in writing with the clerk of said city his veto of any measure passed by that body, with the reasons for withholding his assent, within three days from its passage, the same shall become a law just as if signed and approved by said mayor, but he may approve same and the measure go into effect immediately. Quorum. Section 14. Be it further enacted, That the mayor of said city shall be the chief executive officer of Blairsville. He shall see that all laws, ordinances, resolutions and rules of said city are faithfully and fully executed and enforced; and that all of the officers of said city faithfully discharge the duties required of them. He shall have general supervision and jurisdiction of the affairs of said city, and shall preside at all meetings of the mayor and councilmen. He shall have the power to convene the council in special, called or extra sessions whenever in his judgment it becomes necessary. Mayor chief executive. Section 15. Be it further enacted, That the mayor, or in his absence or disqualification the mayor pro tem., or in case of the absence of both the mayor and mayor pro tem., any councilman of the city may hold and preside over a court in said city of Blairsville., to be called the Police Court, for trial of all offenders against the laws and ordinances of said city as often as necessary. Such 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, and punish for contempt. Such court shall have power to punish all violations of the charter or ordinances of the city by fine not to exceed fifty dollars, imprisonment in the city prison or the county jail, having previously arranged with the county authorities, not to exceed thirty days, and to work on the streets in the city chaingang, or such other public places as the mayor or acting mayor may direct, not to exceed two months; any one or more of these

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punishments may be inflicted by the mayor, or acting mayor, in his discretion, and the fines imposed may be collected by execution. All fines assessed to be paid directly to the clerk to go into the general fund of the city. Police court. Section 16. Be it further enacted, That the mayor, or mayor pro tem, in case he shall be presiding, shall have the power in said police court, if the offense charged against the prisoner be beyond his jurisdiction, to examine into the facts of the case, and commit the offender, or offenders to jail, or bail them if the offense is bailable by a justice of the peace under the laws of the State, to appear before the superior court of Union County. Commitment. Section 17. Be it further enacted, That the mayor and councilmen of said city shall have the power to authorize by ordinance the marshal of said city to summons any, or all bystanders to aid in the arrest of any person or persons, violating any ordinance of said city, or any law of this State, and to provide a punishment for any person, or persons, failing or refusing to obey such summons. Marshall, assistance. Section 18. Be it further enacted, That it shall be lawful for the marshal of said city to arrest without warrant any person, or persons, within the corporate limits of said city, who, at the time of said arrest, or before that time have been guilty of violating any ordinance of said city, and is at the time endeavoring to escape, and to hold such person so arrested until a hearing of the matter before the proper officer can be had, and to this end said arresting officers are authorized to imprison and confine any person arrested by them in the city prison, or in the jail of Union county, for a reasonable length of time. The marshal of this city is authorized to the same extent as sheriffs of this State to execute warrants placed in their hands charging any person, or persons, with violating the criminal laws of this State. The marshal of this city is also authorized to arrest anywhere within the limits of this State any person

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charged with violating any of the ordinances of the city of Blairsville; provided, when are arrest is not made within twenty-four hours after the offense is committed, said marshal is not authorized to arrest the offender outside the corporate limits of said city, except in obedience to written warrant signed by the mayor, mayor pro tem., or acting mayor. The city marshal may take bonds for the appearance of any persons arrested by them, for appearance before the police court for trial and all such bonds may be forfeited as hereinafter provided for forfeiture of appearance bonds by the mayor or mayor pro tem. Arrest without warrant. Warrants, execution of. 24 hours. Bond. Section 19. Be it further enacted, That the mayor or mayor pro tem., when any person or persons, are arraigned before the mayor's or police court, charged with a violation of any of the ordinances, resolutions, regulations, or rules of said city, may for good cause shown by either side, continue the hearing to such time as the case may be adjourned to, and the accused shall be required to give bond and security for his appearance at the appointed time for trial, or be imprisoned to await trial. If such bond be given, and the accused fail to appear at the time fixed for the trial, the bond may be forfeited by the mayor or mayor pro tem and an execution issued thereon by serving the defendant, if any to be found, and his sureties with a rule nisi, at least two days before the hearing of the said rule nisi. The mayor, mayor pro tem., or acting mayor, shall also have power and authority to accept cash in lieu of bond and security for appearance of offenders for trial, and if such offender shall fail to appear at the time and place fixed for trial, the cash so deposited shall be, by order of the officer presiding, declared forfeited to the city of Blairsville. Said cash to be turned over immediately to the city clerk. Continuances. Bond, forfeiture Section 20. Minutes of the meetings of the mayor and councilmen shall be kept in detail and be made available to

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the public at any time. Records must also be kept of all cases tried in the mayor's court. Said records to be kept by the city clerk. Minutes. Section 21. Be it further enacted, That any person convicted before the mayor, or other presiding officer of the police court, may enter an appeal from the judgment of said court to the board of councilmen; provided, the appeal be entered within two days after after judgment complained of is pronounced; and provided further, defendant pays the accrued cost in the case and gives bond to abide the final judgment of the case, which bond must be approved by the clerk or marshal. The said councilmen shall, as early thereafter as practicable, hear and determine said case so appealed, and shall investigate the case as fully as if the same had never been tried; that is, de novo. They shall have the power, if they find the defendant guilty, to decrease the fine imposed by the mayor, and may increase it in their discretion. Any person convicted by the councilmen on the appeal shall have the right to certiorari to the Superior Court of Union county; provided, all costs are first paid and bond and security given in double the amount of the fine imposed, if the fine is imposed, to answer final judgment rendered in the case; and provided, further, nothing in this Section shall prevent the defendant who desires to appeal his case, as above provided, or to certiorari the same to the Superior Court, to file the usual pauper affidavit in lieu of either giving bond and security and the payment of the cost; and provided, further, the applicant failing to give bond and security may, in the discretion of the mayor, be placed in the city prison or county jail to await the final judgment of the appeal above mentioned. Nothing in this Section shall be construed to prevent any person convicted of a violation of any ordinance of said city before the mayor's or police court, from certioraring the proceeding directly to the Superior Court in all cases when certiorari

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will lie from the judgment of the justice of the peace in civil actions under the rules of law governing such cases. Appeal. Costs. Certiorari. Affidavit in forma pauperis. Section 22. Be it further enacted, that the mayor and councilmen shall have power and authority to establish a fee bill for the officers of said city, such fees, when collected to be paid into the city treasury. Said city treasurer is to keep a list of all such fees collected and at the end of each month to issue a check to the various officers of said mayor's court for their share of such fees. The fees above referred to are the costs to be assessed by the mayor's court in all cases tried in said court. The above mentioned fees shall be paid to the officers without any further approval of the mayor and council. Fees. Section 23. Be it further enacted, That the tax assessments of said city shall be made by copying from the tax digest of Union county, Georgia, a list of all tax payers in said city of Blairsville with the amount of taxes returned by them, said returns so copied shall be the assessed value of property on which taxes shall be paid; provided, that no person shall pay taxes upon property listed that is out of the corporate limits of the said city of Blairsville. Tax digest, preparation Section 24. Be it further enacted, That said mayor and councilmen shall have full power and authority to make assessments on the various lots lots of land and buildings in said city for sanitary purposes, not to exceed one dollar per annum on each lot or building so assessed, and said assessment shall be assumed and paid by the owner of said lot or building. Said mayor or councilmen are hereby empowered to collect the same by execution against the person owning said premises. The execution shall be issued and enforced in the same manner that executions are issued and enforced in said city. The mayor and councilmen shall have power to prescribe what shall constitute a lot for sanitary purposes and assessments; provided, no residence lot shall be less than 35 feet front; and no business lot shall be less

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than 20 feet front; and provided further, the assessments shall not be made on vacant lots nor residence lots subdivided, that is, not more than one dollar on a residence and curtailage. The amount collected shall be used for sanitary purposes only. Said sanitary purposes are defined as the collection and disposal of garbage and keeping sanitary the town square, streets and city premises. Tax assessments. Fl. Fa. Sanitary tax. Section 25. Be it further enacted, That for the purpose of raising revenue for the support and maintenance of the government of said city of Blairsville, the mayor and councilmen of said city shall have full power and authority for the assessment, levy and collection of an ad valorem tax on all real and personal property, including money, notes, bonds, and other evidences of debt, money used in banking, and every other species of property in said city or owned or held therein, of not exceeding fifty cents on the hundred dollars, for the purpose of paying current city expenses and light bills. Said mayor and councilmen shall have power and authority to provide by ordinances for the returns of all taxable property in said city, and to provide penalties for neglect or refusal to comply with same. Ad valorem tax. Section 26. Be it further enacted, That the mayor and councilmen shall have the right and authority to provide by ordinance when the taxes of said city shall fall due, and in what length of time said taxes may be paid; when tax executions shall be issued against all persons who have not paid their taxes by the time fixed by ordinance, and fix a penalty for the non-payment of taxes when due. Due date. Section 27. Be it further enacted, That the mayor and councilmen of said city shall have the right and power to provide for and regulate the curbs and gutters that empty into streets or sidewalks in said city; to regulate or prohibit (except as such power may be restricted by any existing general laws) the use of streets, sidewalks and public grounds for signs, sign posts, awnings, telegraph, telephone

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poles, and for carrying banners, hand bills and play cards on the streets and sidewalks, and public places of said city. Also to compel any telegraph, telephone company having previously erected poles and wires in said city, to remove same to any reasonable location designated by the mayor and councilmen, and in case said telephone and telegraph company shall fail to remove same within thirty days after having been duly notified to do so, said city shall have the right to remove same at the expense of said company and collect the cost of such removal by execution. Curbs and gutters. Section 28. Be it further enacted, That the mayor and councilmen of said city shall have the right and authority to regulate the building of bonfires and to regulate or prevent the sale of fireworks, firecrackers, torpedoes, skyrockets, Roman candles, firing of guns, pistols, anvils and every kind of gaming within the corporate limits of said city. Fireworks and bonfires. Section 29. Be it further enacted, That the said mayor and councilmen shall have full power and authority to require any person, firm, company or corporation, whether resident or non-resident of said city, who may engage in, prosecute or carry on any trade, business, calling, vocation or profession within the corporate limits of said city, if not in conflict with the laws of this State, by themselves or by their agents, to register their names, calling, vocation or profession annually, and to require said person, company or corporation to pay for said registration and for license to prosecute, carry on or engage in such business, calling or profession, such amounts as the mayor and councilmen may provide by ordinance. Said mayor and councilmen may provide by ordinance for the punishment of all persons, firms, companies or corporations required by ordinance to pay said taxes, or take out said license for same, who engage in or attempt to engage in, such business, profession or occupation before paying such taxes or take out said license, or who failed to comply in full with all requirements of said ordinance made in reference thereto. License taxes.

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Section 30. Be it further enacted, That the mayor and councilmen of said city shall have full power and authority to license, regulate and control any person running a flying-jenny, flying-horse, merry-go-round, bicycle or skating-rink, and all circuses, side shows and carnivals operating in said city, provided said license shall not be more than $5.00 per day. Amusement tax. Section 31. Be it further enacted, That said mayor and councilmen shall have full power and authority to license billiard tables, pool tables, ten-pin alleys, and all tables kept and used for the purpose of playing, gaming, or renting, all ten-pin alleys, or alleys of any kind which are kept for the purpose of playing on, or for the purpose of running the same, and to charge for said license such sum as they may by ordinance prescribe. Pool tables, ten-pins. Section 32. Be it further enacted, That the said mayor and councilmen shall have full power and authority to assess taxes on all persons carrying on a brokerage business in addition to other taxes they may have paid. They shall have the power to license brokers in said city, define by ordinance their powers and privileges, revoke their license, impose taxes and exercise such superintendence as will insure fair dealing between them and their customers. Brokerage license. Section 33. Be it further enacted, That the mayor and councilmen of said city shall have the power and authority to prevent horses, mules, cattle, hogs, sheep, goats, and all other animals or fowls from running at large in said city. They may impound such animal, or animals, when found upon the streets of said city, and charge such fees for same as they may prescribe, and in addition thereto charge for the keep of such animal, or animals, so impounded. Also when the owner or owners of such animal, or animals, shall fail or refuse to pay the impounding fee and cost of keeping said animal, or animals, said animal, or animals, may be sold at public outcry and the proceeds applied to the payment

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of said fee and cost of keeping said animal, or animals, under such rules and regulations as may be prescribed by the mayor and councilmen. Animals running at large. Section 34. Be it further enacted, That the jurisdiction of the mayor and councilmen and the territorial limits of the city of Blairsville, are hereby extended for police and sanitary purposes, over all the lands that may hereafter be acquired, by said city for waterworks and sewer purposes, and waterworks or other stations, and adjacent lands, and the pipes and mains of said waterworks system, and they shall have power and authority to provide by ordinances for the protection of the city waterworks system and the preservation of the purity of the water, and to provide penalties for the violation of said ordinances, and the enforcement of the same. The police officer of said city shall have the authority to arrest any person, or persons, violating said ordinances, whenever found, within or without the limits of said city. The mayor and councilmen of said city shall exercise jurisdiction and police authority over any territory it may own or control without the limits of said city for sewerage or drainage; also, over the territory which may be hereafter acquired for city cemetery purposes and for a distance of two hundred yards in any directing from the boundary thereof, and shall have full power and authority to enact such ordinances and rules as they may consider necessary to protect these properties and grounds, as fully and completely as if the same were wholly located in the city limits proper, and the police officers shall have authority to make arrests of persons violating same, wherever found, within or without the limits of said city. Extra-territorial jurisdiction. Section 35. Be it further enacted, That the mayor and councilmen shall have full power and authority to contract for or condemn any water rights, land or premises within or without the city for the purpose of establishing and maintaining waterworks system, or sewerage system, or any

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of them; provided, that if the right to condemn herein granted be exercised, all proceedings shall be under the provisions of Sections 36-301 and 36-502, inclusive, of the Code of Georgia of 1933, and Acts amendatory thereof. Condemnation. Section 36. Be it further enacted, That said mayor and councilmen shall have full and absolute control of all city pipes, sewers, private drains, water-closets and the like in said city, with full power to prescribe their location, structure and use, and to make such regulations concerning them in all particulars as may seem best for preservation of the health and comfort of the inhabitants of said city. The said mayor and councilmen shall have the power and authority to prescribe the kinds of water closets and urinals to be used in the corporate limits of said city, and shall have power to condemn and compel the disuse of same when they do not conform to the kind prescribed for use by the mayor and councilmen, or whenever they become a nuisance. They shall also have power and authority to compel the owner to connect waterclosets and urinals on the premises of property owners with the sanitary system of the city, when such property is located on or near streets where there are such sewers, and under such rules and regulations as may be prescribed by the mayor and councilmen, and said property owners who fail to connect any watercloset or urinals on the premises with the sanitary sewers of said city within the time prescribed by said mayor and councilmen, the mayor and councilmen may make such connections, and assess the cost of said connections and fixtures and collect the same by execution issued by the city clerk against said real estate, and which execution may be enforced in the manner presribed in the Act for enforcement of executions in favor of said city. Sanitary regulations. Section 37. 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,

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and of such denominations and in such amounts as they see fit, such bonds not to bear interest in excess of four (4) 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 Mayor and council of said city, said bonds may be issued, hypothecated and sold for the purpose of acquiring land and water rights for water works and sewerage system and for constructing said water works and sewerage system, said bonds shall be signed by the mayor of the city of Blairsville and shall be negotiated in such manner and countersigned by the clerk under the corporate seal of the city of Blairsville as the mayor and council may determine to be for the 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. Bonds. Section 38. Be it further enacted, That said mayor and councilmen may by ordinance declare what shall be a nuisance in said city, and provide for the abatement of the same. The mayor's court in said city shall have concurrent jurisdiction with the mayor and councilmen of said city in respect to the trial and abatement of all nuisances in said city. Nuisances abatement. Section 39. Be it further enacted, That said mayor and councilmen shall have the power to enact ordinances for the purpose of preventing the spread of any contagious or infectious disease, to declare and maintain quarantine regulations against such diseases, and to punish for violating any of such quarantine regulations of said city. They shall have power to compel all persons to be vaccinated, whether they be permanent residents or sojourners, and may provide vaccination points and employ physicians, at the expense of

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the city, to vaccinate all persons who are unable to procure said vaccinations, and may provide by ordinance punishment for persons failing to be vaccinated. Contagious diseases. Section 40. Be it further enacted, That said mayor and councilmen shall have power to protect all places of divine worship and cemeteries in said city. Churches, cemeteries. Section 41. Be it further enacted, That all ordinances, resolutions, rules and regulations passed by said mayor and councilmen shall be recorded in a well bound book by the clerk of said city which shall be open to inspection by the public at any and all times, and it shall not be necessary to give any notice to the public of intention to introduce any ordinance, resolution, rule or regulation, either before or after its passage, other than such notice or publication as is given by the recording of the same in the book to be kept as aforesaid by the said city clerk. Ordinances, record of. Section 42. Be it further enacted, That the mayor and councilmen of said city shall have power to grant franchises, easements, and rights of way over, in, under and on the public streets, lanes, alleys, parks, and other property of said city, on such terms and conditions as they may fix; provided, that no such franchise shall be granted for a term of more than twenty years. Franchises, easements. Section 43. Be it further enacted, That should any person violate any of the ordinances of said city and escape from the jurisdiction thereof, he may be apprehended wherever he may be found, in this State, and the warrant of the mayor, or mayor protem., or acting mayor of said city shall be sufficient authority for his return and trial upon the charge resting against him, and should any person after trial and conviction of a violation of any ordinance of said city escape, he may be apprehended wherever found in this State, and the warrant of the aforesaid city officers, or either of them, shall be sufficient authority for his arrest

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and return; and all persons so escaping from the custody of the said city, or its officers, may be tried again for such escape, and punished not exceeding the penalties hereinbefore provided. Violation of ordinance, escape. Section 44. Be it further enacted, That the mayor and councilmen of said city shall be empowered and authorized through a committee, or by themselves, in the discretion of said mayor and councilmen, whenever necessary, to examine into the workings of and business of any officer, or conduct of any officer, and said committee, or mayor and councilmen conducting said examination, shall have power to send for persons and papers, compel the production of books and papers, compel the attendance of persons summoned, swear witnesses, and all disclosures pertinent to such investigation. Officials, examination of conduct. Section 45. Be it further enacted, That the mayor and councilmen shall provide for a city prison which shall be safe and suitable for the keeping and detention of city prisoners and convicts, by contract with the proper authorities of Union County for the use of the common jail of said county for this purpose. Town prison. Section 46. Be it further enacted, That said mayor and councilmen shall have full power and authority to suppress lewd houses, lewdness and all immoral conduct, gambling and gambling places, and to preserve the sanctity of the Sabbath day, and provide such penalties as they think advisable to carry out the powers granted in this section. Lewdness. Section 47. Be it further enacted, That said city of Blairsville, created by this Act shall have power and authority to establish, own, maintain and operate a system of waterworks, sewerage system, or any of them, for the purpose of supply its inhabitants and the city, as well as customers generally, within said city and its suburbs, with water, sewerage, or any of them, and the mayor and councilmen of said city shall have the power and authority to

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do any and all things necessary for such purposes, to contract with any person for the purchase of land or premises, and water-rights, to be used in connection therewith, whether within or without the city, and if necessary, to condemn the same as in this charter provided. Said mayor and councilmen shall have the authority to make contracts for the purchase of plants, machinery and appliances and do any acts necessary in connection with same. Waterworks. Section 48. Be it further enacted, That the mayor and councilmen of said city shall have power, upon proper and sufficient proof of ill fame, bawdy-houses, lewd or gaming house or place, to abate the same by causing the occupants thereof to be forcibly removed, after three days notice, and any property owner or agent who shall after notice of the character of the inmates continue to rent or suffer the same to remain on the premises, shall, upon conviction before the mayor, be punished as for a violation of the ordinances of the city. Lewd houses, gaming houses, abatement of. Section 49. Be it further enacted, That no person shall be allowed to vote in any election held in said city of Blairsville, for any purpose, who has not been duly registered as hereinafter provided. Registration. Section 50. Be it further enacted, That it shall be the duty of the clerk to copy from the registration list of Union County a list of the qualified voters living and residing in the city of Blairsville. Said list shall be kept up to date by comparing same with county lists at least once a year. The list, when so made and prepared, shall be used by the election managers in said city election to determine who shall be qualified to vote and no person whose name does not appear on said list will be entitled to vote. Voters. Section 51. Be it further enacted, That it shall be the duty of the clerk to prepare a list of the names registered, arranged in alphabetical order. It shall be the duty of said clerk to furnish the managers of the election at or before

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the opening of the polls on the day of the election with a complete list of all registered voters, arranged in alphabetical order, certified under his official signature. Said lists shall be kept by the managers before them for their inspection during said election, and they shall not permit any one to vote whose name does not appear upon said list, and when said election is over, it shall be the duty of said managers to return said lists to the city clerk, to be by him safely kept and preserved. Voters lists. Section 52. Be it further enacted, That all executions in favor of the city of Blairsville for the enforcement and collection of any fine, forfeiture, assessment, taxes or other claim, demand or debt, shall be issued by the clerk and bear test in the name of the mayor (except when otherwise provided by this charter), and shall be directed to the marshal of said city, and all and singular the sheriffs and constables of said State, and shall state for what issued and be made returnable to the mayor and councilmen of the city of Blairsville at least within ninety days after the issuing of the same; and it shall be the duty of the marshal or other collecting officer to advertise the sale of such real or personal property as may be levied on by him to satisfy said execution, in the same manner respectively as sheriffs sales of real property or constables sales of personal property are required to be made by law. All of said sales to be made at the place and within the usual hours of sales of sheriffs and constables, and to be made under the same rules and regulations as govern sheriff's sale and constable's sales of similar property; that the time, place and manner of sale of property, both real and personal, for taxes due, shall be the same as provided by law for sale under executions of State and county taxes. Whenever any land is sold for taxes, the owner thereof shall have the privilege of redeeming it within one year by paying the purchaser the amount paid therefor, with ten per cent premium thereon. Whenever at any such sales for taxes due no person present

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shall bid for the property put up for sale as much as the amount of such execution for taxes and all costs, and after such property shall have been cried for a reasonable time, then any duly appointed or authorized agent of said city may bid off said property for said city, and the marshal, or such officer making the sale, shall make to the city of Blairsville a deed to the property so sold and deliver the same, and the title thus acquired by the city shall be perfect and complete after the period provided for the redemption of the owner shall expire, and the marshal or other officer making the sale shall put the city in possession, and the mayor and councilmen of said city shall have no right to divert or alienate the title of the city to any property so purchased, except by a public sale to the highest bidder, in such manner as may be prescribed by the ordinances of the city of Blairsville. The city clerk shall keep an execution docket and shall enter thereon all executions, giving the date, amount of each, and to whom delivered, and all proceedings thereunder; said execution shall also be returned to the office of said clerk after being satisfied. All sales and conveyances made under executions as provided in this Section shall have all the force and effect of sales and conveyances made by sheriffs and constables of this State, and the officer making the sale shall have the same power as the sheriffs and constables to put purchasers in possession of property sold by them under the laws of this State. Fi. Fas. Section 53. Be it further enacted, That the said mayor and councilmen shall by ordinance provide for the form of all accusations, affidavits and warrants to be issued in all trials for violations of the city ordinances and laws of this State, and the procedure in such trials. Accusations. Section 54. Be it further enacted, That the mayor and councilmen of the city of Blairsville shall have power and authority to adopt and enforce ordinances for said city to protect shade trees on the streets and public places in said city and to prevent the cutting, injuring or mutilation thereof

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by telephone and telegraph linemen, or others, unless same is done with the consent and under the direction of said mayor and councilmen, or some officer appointed to direct the same. Shade trees. Section 55. Be it further enacted, That the mayor and councilmen of the city of Blairsville, may require and compel all male persons between the ages of sixteen and fifty, subject to road duty under the laws of Georgia, to work upon the streets of said city not to exceed fifteen days in each year, at such time or times as the mayor or councilmen may require, or to pay a commutation tax in lieu thereof, not exceeding three dollars, in any one year, as said mayor and councilmen may determine by ordinance. Should any person liable to work the streets under this Section fail or refuse to do so, or to pay the street tax assessed in lieu thereof, after having received due notice so to do, as said mayor and councilmen may require, they shall be deemed guilty of a violation of this Section, and on conviction in the mayor's court of said city, shall be fined in any sum not exceeding ten dollars, or imprisoned in the city prison or by labor on the chaingang of said city not exceeding twenty days. Said mayor and councilmen may pass such ordinances as they may deem proper for the purpose of enforcing the provisions of this Section. The street commutation tax as now fixed by ordinance shall remain in force until changed by ordinance of the mayor and councilmen, and the collection thereof enforced under the provisions of this Section. It shall be the duty of the mayor and councilmen to see that all city streets are kept in good condition. Street tax. Section 56. Be it further enacted, That the mayor and councilmen of Blairsville shall have full power and authority to pass all laws and ordinances that they may consider necessary for the peace and good order, health, prosperity, comfort and security of said city and the inhabitants thereof, and that may be necessary to foster virtue and good morals in said city, to suppress lewdness, gambling, disorderly

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conduct, and to enforce such laws and ordinances by such penalties as are authorized by this charter. The said mayor and councilmen shall have full power to adopt and enforce any and all ordinances they may consider advisable or necessary to carry out the powers granted to said city and said mayor and councilmen by this charter; to make and enforce such ordinances, rules and regulations for the government of their body, and all officers of said city, and to do any and all other Acts and exercise all other powers conferred upon them by this Act, or that may be done or exercised under the laws of this State conferring powers upon municipal corporations, provided said laws, ordinances, rules and regulations are consistent with the laws of this State. Omnibus provision. Section 57. Be it further enacted, That the mayor and councilmen shall have power to pass ordinances and regulations preventing idleness and loitering within the corporate limits of the city, and to prescribe penalties for violations thereof. Vagrancy. Section 58. Be it further enacted, That in case the mayor, or any councilman, while in office shall be guilty of malpractice and wilful neglect in office, or abuse of the power conferred on him, or shall be guilty of any other conduct unbecoming his station, he shall be subject to be impeached by the city council, and on conviction be removed from office. This also applies to any city offices created under this charter. Malpractice. Section 59. Be it further enacted, That it shall be the duty of the mayor and councilmen of said city to provide fire protection, and they shall have power to organize and equip a fire department, either paid or volunteer, to make such appropriations as may be advisable for this purpose, and for providing any buildings necessary therefor, and adopt such ordinances and regulations as will best promote the object of this Section and the protection of property

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from fires. The section to become effective, if and when a city water system is installed and the city is in financial condition to organize said fire department. Fire protection. Section 60. Be it further enacted, That authority to carry out and enforce and effectuate by ordinances, and to provide a penalty for violation of said ordinances, whenever in their discretion the mayor and councilmen may deem it necessary, and all further power granted to said city of Blairsville, as created by this Act, is hereby expressly conferred on the mayor and councilmen of said city now in office and their successors. General powers. Section 61. Be it further enacted, That all Acts of the General Assembly heretofore passed incorporating the town of Blairsville and Blairsville and all the the amendments thereto and conferring powers on same are hereby repealed. Repeal of prior laws. Approved March 27, 1941. BOGART CHARTER AMENDMENTS. No. 139. An Act To amend an Act entitled An Act to incorporate the town of Bogart, in Oconee County, approved August 24th, 1905, and the several Acts amendatory thereof; to provide for elections to fill vacancies; to change the dates for the opening and closing of the list of the registration of voters; 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 the event of the office of Mayor or any one or more of the councilman, becomes vacant by death, removal, disqualification, or for other cause, such vacancy or vacancies shall be filled by an election called by the Mayor or Mayor Pro Tem or councilmen to be held not earlier than thirty days and not later than sixty days from the date of said

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vacancy or vacancies. Said newly elected person or persons shall fill the unexpired term or terms only. At such election, each and every qualified voter of the Town of Bogart, as of the registration list at its last closing date shall be entitled to vote thereat and no new registration list shall be necessary for said election. Vacancy in office. Election. Section 2. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that Section 21 of the Act of the General Assembly of Georgia, approved August 24th. 1905, entitled An Act to incorporate the town of Bogart, in Oconee County, be and the same is hereby amended by striking the word February in line four of said section and substituting in lieu thereof December, so that said section, when so amended, shall read as follows: Sec. 21 of act of 1905 amended. Sec. 21. Be it further enacted, That the annual municipal election of said town shall be held in such place in the town of Bogart as the Mayor and Council may direct on the first Tuesday in December, of each year, and that the polls of said election shall be opened at nine o'clock forenoon and closed at four o'clock in the afternoon. Said election shall be held under the superintendence of three freeholders of the town of Bogart, who shall be appointed at least five days before said election, and each of said managers, before entering upon his duties, shall take an oath before each other (and they are hereby authorized to administer such oaths) that he will fairly and impartially conduct such election and prevent all illegal voting to the best of his skill and power. Should any manager so appointed fail or decline to act, then the mayor shall appoint others in their stead. Annual election. Section 3. Be it further enacted, That section 23 of said Act, incorporating the town of Bogart, approved August 24th. 1905, be and the same is hereby amended by striking the words July in line three and January in line four,

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and substituting in lieu thereof the words May and November, respectively, so that said section, when so amended, shall read as follows: Sec. 23 amended. Sec. 23. Be it further enacted, That the clerk of the council shall open a list for registration of voters at his office on the first day of May in each year, which list shall be kept open until four o'clock, P. M. of the first day of November, when the same shall be closed finally and absolutely. Opening of registration list. Section 4. Be it further enacted, That section 26 of said Act, incorporating the town of Bogart, approved August 24th. 1905, be and the same is hereby amended by striking the word February in line nineteen and substituting in lieu thereof the word December, and by adding to said section the following sentence: The terms of the present incumbents shall be modified so as to expire on said date; and their successors shall be elected for a term of two years, and they shall hold office until their successors are elected and qualified, so that said section when so amended shall read as follows: Sec. 26 amended. Sec. 26. Be it further enacted, That the clerk of the council shall also furnish the managers of said election of the town of Bogart with a list of voters (being a copy of the registration list up to the time of the final closing of the same), and the said managers shall check off the names on said list as they are voted and allow no one to vote who has not registered. When the ballots shall have been closed at the time prescribed in this Act the managers shall count said ballots and certify upon the tally sheet the number of votes received by each candidate, which tally sheet and ballots, together with a list of the voters shall, upon the same day of the election, or as soon thereafter as possible, be returned to the mayor, who shall immediately convene council, and the said mayor and council, in the presence of said managers, shall consolidate said returns and declare the

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result of said election, the persons receiving the highest and greatest number of votes being declared elected. When such persons shall have been declared elected it shall be duty of the clerk of council to notify them of their election, and the said mayor and council shall convene on the first Wednesday in December thereafter for the purpose of inaugurating said newly elected mayor or councilmen, as the case may be. The terms of the present incumbents shall be modified so as to expire on said date; and their successors shall be elected for a term of two years, and they shall hold office until their successors are elected and qualified. Election, management. Section 5. Be it further enacted, That all elections heretofore held in the town of Bogart and the acts of the officials elected thereat shall be deemed and held valid and legal for all purposes. Section 6. Be it further enacted, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Repeal of conflicting laws. Approved March 6, 1941. BOWDON REGISTRATION FOR ELECTIONS. No. 253. An Act To amend an Act approved March 24, 1939, (Georgia Laws 1939, pages 901-2-3) amending the Act creating the charter of the town of Bowdon in Carroll County, Georgia, by striking the following sections therefrom: Section 3-Section 4(a) on page 902, and Section 3, on page 903, Georgia Laws 1939, and inserting in lieu thereof new Sections providing that the registration book of said Town of Bowdon shall be closed thirty days prior to election; and prescribing the time the poll taxes shall be paid in order to entitle voters to participate in the election; and for other purposes.

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Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same: Section 1. That Section 3Section 4(a) of the Act of the Town of Bowdon, Georgia Laws 1939, page 902, and Section 3 of the Act of the Town of Bowdon, Georgia Laws 1939, page 903, each be and the same are hereby repealed and the following sections substituted in lieu thereof: Certain sections repealed. Section 3Section 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 thirty 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; 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 books thirty 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

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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. 30 days' registration. Oath. Closing date. Continual registration 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 thirty days prior to the date of the election, and such person shall have paid all poll taxes fifteen days 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 ($5.00) Dollars for each voters' list prepared under the provisions of this Act. 15 days. Board, pay. Section 2. That all laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1941. BOWDON ZONING AND PLANNING. No. 399. An Act To authorize the Town of Bowdon to enact zoning ordinances; 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. 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 Bowdon 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 laws. Section 2. That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed. Approved March 27, 1941. BREMEN LIMITS EXTENDEDREFERENDUM. No. 197. An Act To amend the charter of the City of Bremen, Georgia in the County of Haralson approved August the 20th, 1906 so as to extend the corporate limits of said city. Section 1. Be it enacted by the General Assembly of the State of Georgia that Section 1 of the Act of August 20, 1906 amending an Act of the General Assembly of December 30, 1898, be amended by striking the words Fourteen hundred yards, and inserting in lieu thereof the words Twenty-one hundred yards so that said Section shall read as follows: Act of 1906 amended. Be it enacted by the authority of foresaid that the corporate limits of said City of Bremen shall extend twenty-one hundred yards in every direction from where the Central

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of Georgia Railroad mainline crosses the Southern Railroad mainline, in the City of Bremen so as to make said corporate limits form a circle. 2100 yards. Section 2. Be it further enacted by the authority aforesaid that before this Act shall become effective the Mayor and Council of said City of Bremen shall fix a date for an election by the qualified voters residing within the present limits of said city and the limits as proposed to be extended within twenty days after the passage of this Act and shall shall give notice of the day on which said election is to be held by publishing said notice in the Bremen Gateway in one issue and posting a copy thereof at the Courthouse door of said City of Bremen ten days before said election. Referendum. Section 3. Be it further enacted by the authority aforesaid that the Board of Registrars of said city shall file with the Clerk thereof a list of all qualified voters within the limits aforesaid which list shall be filed five days before the election, which said election shall be held under the rules governing legal elections in this State, and the returns thereof shall be made to the Mayor and Council of the City of Bremen who shall canvass said returns and declare the result of said election, and enter the same on the minutes of the City of Bremen. Election. Section 4. Be it further enacted by the authority aforesaid that those voting in favor of the extension of the city limits shall have written or printed on their ballots the words, For Extension of City Limits, and those voting against the extension of the city limits shall have written or printed on their ballots the words Against Extension of City Limits. If a majority of said voters shall cast their their ballots for the extension of said city limits then this Act shall stand ratified and the limits of said city will be extended as provided for the provisions of this Act. If a

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majority of those voting shall vote against the extension of said city limits then this Act will not become operative and the said city limits will not be extended. Ballot, form. Section 5. Be it further enacted by the authority that all laws in conflict with this Act be and the same are hereby repealed. Approved March 18, 1941. BRUNSWICK CHARTER AMENDMENTS. No. 11. An Act To amend the charter of the city of Brunswick, Georgia: To confer certain additional powers therein named with respect to certain lots, alleys and streets upon its city commission: To amend the regulations concerning tax assessments: To provide for and authorize the pensioning of city employees: To confer the right to acquire by gift, purchase, or the exercise of the right of eminent domain water works and water distribution systems and facilities, lands, easements and the like, 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, to-wit: Section 1. That at any time after the passage of this Act the city of Brunswick, a municipal corporation, acting under the authority of its City Commission, shall have the right and power to close the following streets or portions of streets, and alleys or portions of alleys, in the City of Brunswick, Glynn County, Georgia, as identified and described according to the well-known maps and plans of said City, to-wit: Streets closed.

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(a) L. Street, from Glynn Avenue on the East to the Eastern line of Watkins Street on the West; (b) Stacy and Putnam Streets from the Southern line of L Street on the North to a point in each of said streets 247.5 feet south from the southern line of L Street on the South. (c) Cook and Harvey Streets from the Southern line of L Street on the North to the Northern line of K Street on the South; (d) Colson, duBignon and Couper Streets, from the Southern line of L Street on the North to the Northern line of the proposed new street connecting K Street and L Street, as shown on the map attached to deed dated August 29, 1940, from Hercules Powder Company to the City of Brunswick, Georgia, on the south. (e) Couper, Watkins and duBignon Streets, from the Northern line of L Street on the South to the Hughes Town Commons Line on the North. (f) M. Street, from the Eastern line of duBignon Street on the East to the Eastern line of Habersham Street on the West. (g) N and O Streets, from the Eastern line of duBignon Street on the East to the Eastern line of Habersham Street on the West. (h) P Street, from the Hughes Town Commons Line on the East to the Eastern line of Habersham Street on the West. (i) K Street, from the Southern line of the aforesaid proposed new street connecting K and L Streets, on the Northeast to the Eastern line of Colson Street on the West. (j) That certain alley within that tier of lots bounded by Cook, Harvey, K and L Streets;

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(k) Those certain alleys from the Southern line of L Street to the Northern line of the aforesaid proposed new street connecting K and L Streets lying within those tiers of lots bounded by Watkins, L and Harvey Streets and the said proposed new street connecting K and L Streets; (1) Those certain alleys within those tiers of lots bounded by Habersham, M, duBignon and L Streets; Section 2. That the City Commission of said municipality is hereby authorized and empowered to authorize on behalf of the City of Brunswick the conveyance, and to convey, by quitclaim deed to Hercules Powder Company, a corporation of Wilmington, Delaware, all of said city's right, title and interest in and to all or any portion of the streets and alleys described in the preceding section, upon such terms and with such reservations or restrictions, and with or without consideration, as said Commission, in its absolute discretion, may deem to be wise and to the best interest of said city. Conveyance to Hercules powder Section 3. That the City Commission of said municipality is hereby authorized and empowered to authorize, on behalf of the City of Brunswick, the conveyance, and to convey by quitclaim deed to Hercules Powder Company, a corporation of Wilmington, Delaware, all of said City's right, title and interest in and to all or any portion of the lots in said City of Brunswick, in Glynn County, Georgia, identified and described according to the well-known maps and plans of said City as Town Sommons Lots numbered One Hundred Thirty-Three (133), One Hundred Thirty-Five (135), One Hundred Thirty-Seven (137), One Hundred Thirty-Nine (139), One Hundred Forty-One (141), One Hundred Forty-Three (143), One Hundred Forty-Five (145), One Hundred Forty-Seven (147), One Hundred Forty-Nine (149), One Hundred Fifty-One (151), and One Hundred Fifty-Three (153), lying between Habersham and Watkins Streets in said City, upon such terms

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and with such reservations or restrictions, and with or without consideration, as said Commission, in its absolute discretion, may deem to be wise and to the best interest of said city. Same. Section 4. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same that at any time after the passage of this Act the City of Brunswick, a municipal corporation, acting under the authority of its City Commission, shall have the right and power to close the following streets or portions of streets and alleys or portions of alleys, in the City of Brunswick, Glynn County, Georgia, as identified and described according to the well-known maps and plans of said City, to-wit: Streets closed. (a) Cleveland Street, from the Southern line of L Street on the North to the Northern line K Street to the South; (b) Stonewall Street, from the Northern line of George Street on the south to the southern line of that certain alley on the southern side of Windsor Park Subdivision on the North; (c) Lee Street, from the Northern line of George Street on the South to the Southern line of that certain alley on the southern side of Windsor Park Subdivision on the North; (d) That certain alley between Stonewall and Lee Streets, from the Northern line of George Street on the south to the southern line of that certain alley on the southern side of Windsor Park Subdivision on the North; (e) That certain alley on the Southern side of Windsor Park Subdivision, from the Eastern line of Lee Street on the west to the Northern line of George Street on the South; (f) Habersham Street, from the Southern line of I Street on the North to the Northern line of Urbana Subdivision on the south. Section 5. That the City Commission of said municipality is hereby authorized and empowered to retain title to the

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streets and alleys, and portions thereof, described in Section Four of this Act, or in its absolute discretion, to convey by quitclaim deed all of said city's right, title, and interest in and to all or any portion of the said streets and alleys described in Section Four of this Act, to any person, firm or corporation or to any persons, firms or corporations as said City Commission may desire to convey to, upon such terms and with such reservations or restrictions, as said Commission in its absolute discretion, may deem wise and to the best interest of said City. Discretion to convey. Section 6. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that the Commission of the City of Brunswick is hereby authorized and empowered to establish and create by ordinance a Board to be known as the Board of Pensions of the City of Brunswick, to be composed of three members, two to be named by the Commission of the City of Brunswick and one to be elected by the employees of the city participating in the pension plan. One of the members selected by the Commission of the City of Brunswick shall be elected for a term of two years, the other for a term of four years, and the one selected by the City employees shall be elected for a term of six years, and upon the expiration of these terms the successor shall be elected for a term of six years, and all shall serve until their successors are duly elected and have qualified. Each member of the Board of Pensions shall be required to take the following oath: I do solemnly swear (or affirm) that I will well and truly discharge my duties as a member of the Board of Pensions of the City of Brunswick without favor or discrimination. So Help me God, and shall give bond with some solvent surety company authorized to do business in the State of Georgia as security in the sum of $10,000.00 payable to the City of Brunswick conditioned to the faithful performance of his duty as a member of such board and to faithfully account for all funds of the City of Brunswick or of

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the pension fund hereinafter provided that may be entrusted to him. The premium on such bonds shall be paid by the City of Brunswick. Board of Pensions. Section 7. The said Board of Pensions is hereby authorized and empowered to administer the pension fund hereinafter provided and set apart for the employees of the City of Brunswick, and to pay pensions to said employees in the manner and form and under the conditions and limitations hereinafter set forth in this Act. Administration. Section 8. That the following classes of employees of said City of Brunswick are to be deemed eligible to be granted pensions and the following classes of pensions are hereby established: Employees, eligibility. (a) Any regular employee of the City of Brunswick, who has served well and faithfully for a period of twenty years or more (of which five years service must have been continuous and immediately before his retirement), shall, upon application to the said Board of Pensions of said City, be retired from active service if he is then engaged; provided, however, that his said physical unfitness to perform the said service must be established to the satisfaction of the said Board of Pensions by proper evidence, and said employee, if retired shall receive monthly for the duration of such disability one half of the amount of the average monthly salary paid him for the three years next proceeding the time of his retirement, such pension however in no event to exceed the sum of one hundred ($100.00) dollars per month. (b) Any regular employee of the City of Brunswick, who has reached the age of sixty (60) years and who has served well and faithfully for a period of twenty (20) years or more (of which five years service must have been continuous and immediately before his retirement), shall, upon application to said Board of Pensions, be retired from active service, and said employee shall receive monthly for

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the balance of his life as a pension one half of the amount of the average monthly salary or wages paid to him for the three years next prior to time of his retirement; provided, however, that such pension shall in no event exceed the sum of one hundred ($100.00) dollars per month. Having reached the age limit and having served the time required such employee's retirement and pensioning, if requested by such employee, shall be mandatory upon the Board of Pensions. (c) Any regular employee of the City of Brunswick, who shall become totally disabled while in the performance of his duty as such employee, may be granted a monthly pension by the said Board of Pensions for the duration of such total disability in an amount not to exceed one half of his monthly salary received by him at the time of the injury or accident, which in no event is to exceed the sum of one hundred ($100.00) dollars per month; provided, that the permanent injury or disability of the said employee shall be established by evidence satisfactory to the Board of Pensions. The pension herein provided for may be granted irrespective of the years or term of service of such employee. Any employee of said city who is injured or disabled while in the performance of his duty and in the course of his employment, and elects to receive and does receive compensation under the workmen's compensation laws of the State of Georgia, shall not be eligible to receive a pension from the City of Brunswick. Such pension, if granted, shall continue only so long as such employee is totally disabled. The Board of Pensions shall have the right and power to have such employee examined from time to time, at its discretion, during the continuance of said pension in order to determine whether the disability is permanent and total. Pension. Section 9. Upon the passage of the ordinance of the City of Brunswick putting this act into effect and establishing the said Board of Pensions, all of the then employees of the

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City of Brunswick shall be conclusively deemed to have accepted the benefits of this Act unless such employees shall within thirty days from the time such ordinance becomes effective notify the said Board of Pensions in writing that he does not desire to participate in the benefits provided by this Act. All persons subsequently emploped by the said City of Brunswick shall be conclusively presumed to have accepted the benefits of this Act unless they shall within thirty days from the time of such employment advise the pension board in writing of their refusal to participate in such plan, provided nevertheless that neither this Act nor the pension plan herein provided for shall apply to laborers occasionally employed by the City of Brunswick and for the purpose of this Act occasional labor is hereby defined as those persons employed in less than six months during any calendar year. All employees of the City of Brunswick who have not rejected this Act as above provided shall contribute to the Pension fund of the City of Brunswick such amounts as may be fixed by the Board of Pensions, not to exceed two per centum of the wages received by such employee from the City, and such payment may neither be deducted from the compensation received by such employee or paid under such other rules and regulations as the said Board of Pensions may establish. Presumption. Section 10. Upon the passage of the Ordinance of the City of Brunswick putting this Act into effect the said City of Brunswick shall likewise pay into the said pension fund monthly on the tenth day of each month an amount equal to the total amount contributed by all of the employees of the City of Brunswick participating in the said pension plan during the previous month and such payment shall be made to the depository selected by the Board of Pensions. City's contribution. Section 11. The aforesaid pension fund shall be invested by the Board of Pensions in that class of investments authorized in section 108-417 and 108-420 and 108-421 of the

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Code of Georgia of 1933, except that such fund shall not be invested in the bonds, notes or other obligations of the City of Brunswick, and all of the income derived from such investments shall become and be a part of the said pension fund. Investment of fund. Should any employee of the said City who has contributed to said fund, resign or be discharged from the service of the said City before he is entitled to a pension the amount that he has contributed to said pension fund without interest, shall upon demand be returned to said employee, or in the event of his death before any pension has been granted to such employee the amount of his contributions, without interest, shall be paid to his dependents, if any, in the order hereinafter stated, or if he leaves no such dependent, then to his executors or administrators. For the purpose of this Act the widow if living with such employee at the time of his death shall be first entitled to receive such fund and in the event that the employee should leave no such widow then the minor children of such employees shall be next entitled to receive the fund, and in the event that such employee leaves neither a widow who was living with him at the time of his death, nor minor children, the Board of Pensions shall then determine, and their determination shall be final and conclusive upon all persons whether or not any other persons were in fact dependent upon said employee and if dependents are so found the amount of such employee's contribution shall be made to them in such proportion as the said Board of Pensions may determine, and lastly if there be no such widow, minor children or other dependents, the amount of such employee contribution shall be paid to administrator or executor of the deceased employee. In the event that any employee who has been granted a pension under the provisions of this Act should die before the total sum of the pension payments should equal the total contributions made to the pension fund by the employee, then in that event the difference

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between the amount paid in pensions and the total contributed by the employee shall be paid to the dependents, or executor or administrator of such employee in the order and as hereinabove provided. Resignation, discharge, death. Section 12. In the event that any resigned or dismissed employee of the City who has drawn his contributions from the pension fund, should return to the service of the said City of Brunswick he shall pay into the pension fund of the said City the total amount that he has withdrawn from the said fund, before he shall be entitled to participate in the pension plan or receive any of the benefits provided herein. Return to service. Section 13. In addition to the payments to the pension fund heretofore required of the City of Brunswick, the said City of Brunswick shall until the said pension fund shall reach the sum of $25,000.00 pay to the Board of Pensions a sum equal to the disbursements made by that board, and whenever the amount of the pensions fund shall fall below $25,000.00 it shall make like payments until the fund shall again reach such amount. In addition the City of Brunswick shall annually appropriate and make available for the use of the Board of Pensions a sum sufficient to pay the proper expenses of the Pension Board in administering this Act; provided that the members of the Board of Pensions shall not receive compensation of more than $50.00 per annum. $25,000 fund. Board expenses. Section 14. That if any employee of the City of Brunswick shall have served well and faithfully for a period of twenty years or more (of which five years has been continuous and immediate before his retirement) and shall have reached the age of sixty (60) years he shall not be subject to dismissal by the City of Brunswick without the said City granting to him any pension to which he may be entitled under this Act. Compulsory pension. Section 15. That when the provisions of this act with

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reference to pensions has been put into effect it shall supersede the provision of an Act entitled An Act to amend the charter of the City of Brunswick; to authorize the payment of pensions to policemen and firemen; and for other purposes, approved August 21, 1929, and Sections 1 and 2 of an Act entitled 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; to provide for such retirement; to amend the present method of registration of voters and 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 Bruswick, 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, approved February 23, 1939. Act of 1929 amended and superseded. Section 16. Be it further enacted that from and after the passage of this Act whenever an arbitration to fix the value for taxation of property in the City of Brunswick is had under the provisions of Section 45 of an Act entitled An Act to Amend the Charter of the City of Brunswick, to change the corporate name of said City, to abolish the offices of Mayor and Alderman and certain other offices of said City created by legislative enactment, to provide for a Commission-Manager form of government for said City, and for other purposes, approved August 11, 1920, and the assessment to be placed upon the property has been so fixed, the City Tax Assessor shall not increase the assessment made upon the property above the amount fixed by the arbitrators for a period of three years next thereafter

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unless the said assessor shall given written notice to the owner or agent of the property (service of the notice by registered mail to the address last shown upon the tax records being sufficient) of his intention to so increase the assessment and shall set forth in said notice the reason or reasons causing him to feel that the assessment fixed by arbitration is unfair; provided that it shall not be necessary to give such notice when improvements have been made to the property since the arbitration and the city tax assessor only seeks to add to the arbitrated assessment the fair value of the said improvements. Tax arbitration. Section 17. Be it further enacted by the authority aforesaid and it is hereby enacted by authority of the same, That the City of Brunswick is hereby authorized in its discretion, to acquire by gift, purchase, or the exercise of the right of eminent domain, to construct, to reconstruct, to improve, to better, and to extend any 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 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, wholly within or wholly without, or partially within and partially without the municipality; and to acquire by gift, purchase, or the exercise of the right of eminent domain, water-works and water distributing systems and facilities, lands, easements, rights in lands and water rights and facilities in connection therewith, any condemnation proceedings to be conducted in the same manner as now provided for condemning land under the existing laws, as set forth in Code Section (Georgia Code 1933) 36-301, et seq. The powers and rights herein granted are and shall

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be cumulative and not exclusive of all the rights and powers now or hereafter vested in said the City of Brunswick. Waterworks, sewerage. Section 18. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same that if any one or more sections, sub-sections, subdivisions, sentences, clauses or phrases of this Act are for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Act, but the same shall remain in full force and effect. Constitutionality. Section 19. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that from and after the passage of this Act all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 5, 1941. BRUNSWICK PORT AND HARBOR LIMITS DEFINED. No. 331. An Act to define the limits of the Port and Harbor of Brunswick, and to authorize the City of Brunswick and the commissions of Roads and Revenues for Glynn County, Georgia, to adopt rules and regulations for the control and policing of such limits: and to enforce such rules and regulations and provide penalties for violations of the same: and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, to-wit: Section 1. Be it enacted by the authority aforesaid and it is hereby enacted by authority of the same, That the limits of the port and harbor of Brunswick, Georgia, are hereby defined to be as follows, to-wit:

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All waters, rivers, harbors, creeks, bays and inlets included within the following boundaries in Glynn County, Georgia, beginning at the point where the South shore of South Brunswick River joins the South shore of the Turtle River and Oglethorpe Bay, and thence running along the Southern shore of said Turtle River and Oglethorpe Bay Easterly to the Westerly shore of the mouth of Jekyl Creek, Thence Southerly along the Westerly shore of Jekyl Creek to a point one half mile South along of Jekyl Island Club Dock, thence Easterly across Jekyl Creek to its Easterly shore and thence Northerly along its Easterly shore to the Southerly shore of Oglethorpe Bay, thence running Northeasterly along the Southerly shore of Saint Simons Sound and along said Southerly shore of Saint Simons Sound to the North end of Jekyl Island and thence running Northerly to the Southerly line of the channel of Saint Simons Sound and thence along said Southerly channel of Saint Simons Sound running to the outer sea buoy in the open sea; thence Westerly along the Northern line of the channel of Saint Simons Sound to a point where the line from Saint Simons Lighthouse to the North end of Jekyl Island would intersect said channel of Saint Simons Sound; thence running Northeasterly along said line to the Southerly shore of Saint Simons Island; thence along the Southern shore of Saint Simons running Westerly and Northwesterly to the Easterly shore of Fredrica River, and thence along the Easterly shore of Frederica River Northerly and Westerly to the Easterly shore of Mackays River North to the point where Frederica River runs Northeasterly to the Northeasterly shore of Mackays River; and from said point running Northwesterly 5,600 feet to a point; thence Westerly in a direct line to the mouth of Belle Point Creek; thence running along the meanderings of Bell Point Creek to the mouth of a bold creek 500 feet South of a Bluff at Belle Point; thence along said bold creek, in a Northerly direction to the causeway leading to Belle Point; thence in a Westerly direction along said causeway

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to the Coastal Highway; thence in a direct line from said point running Westerly to the mouth of Cowpen Creek on Turtle River, thence running Northwesterly along the Northerly shore of Turtle River, to the mouth of Dillard Creek; thence in a direct line running Southwesterly across Turtle River to the mouth of Hillery Creek; thence running Southerly along the meanderings of Hillery Creek to its confluence with South Brunswick River; thence in a direct line across South Brunswick River to its Southerly shore; and thence running Southeasterly along the Southerly shore of South Brunswick River to the point or place of beginning. These limits may be extended from time to time by action of the Commission of the City of Brunswick if the territory to be added is entirely within the city limits of Brunswick, or by action of the Commissioners of Roads and Revenues for Glynn County, Georgia, if the territory to be added is outside the limits of the said City of Brunswick. Port and harbor limits defined. Section 2. The power and authority to regulate, police and control all ships, vessels and boats plying, anchoring, landing, docking or otherwise within such port and harbor limits, and as well as the cargoes of such ships, vessels and boats, and the movement, handling, landing, discharging and storage of cargoes within such limits, and to establish rules and regulations for such vessels, ships and boats and their cargoes for the protection and welfare of the trade and commerce in said port and harbor limits and for the protection and welfare of persons and property within such port and harbor limits, is hereby vested in the Commission of the City of Brunswick as to that portion of the port embraced within the City of Brunswick and the Commissioners of Roads and Revenues for Glynn County, Georgia, as to that portion of the port outside the City of Brunswick. Such rules and regulations and ordinances so adopted by said City Commission for such purposes shall have the force and effect of ordinances of the City of Brunswick,

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and violations of the same shall be prosecuted in the Recorder's Court of the City of Brunswick and punishable as other ordinances of the City of Brunswick. The City Commission by ordinance shall have the power to delegate to any Board, Commission or officer, whether now existing or hereafter created, the authority and power: (1) to promulgate such rules and regulations, subject to the approval of the City Commission, and (2) to administer and enforce such rules, regulations and ordinances. Violations of the rules and regulations and ordinances adopted by the said Commissioners of Roads and Revenues shall be punished as for a misdemeanor by the Court of the County having jurisdiction to try misdemeanors. Regulation. Section 3. Be it further enacted by the authority aforesaid, that all Acts or parts of Acts in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved March 27, 1941. BUFORD CITY MANAGER. No. 138 An Act To amend an Act entitled An Act to create a new charter and municipal government for the City of Buford; to provide for a commission form of government, with a city manager; to define the rights and powers of the municipality; to define the corporate limits thereof, and to repeal all former charters and laws amendatory thereof and in conflict therewith; and for other purposes relating thereto.; and for other purposes. Section 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 18 of the Act creating a new charter and municipal government for the City of Buford, approved

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December 24, 1937, be, and the same is hereby amended by striking from Section 18 of said Act the following: No person who has served as Mayor, Councilman, or member of said city commission shall be eligible for the position of city manager, until the expiration of one year from the time his term of office expired., so that said Section when so amended will read as follows: Sec. 18, act of 1937 amended. Section 18. Be it further enacted by the authority aforesaid, that it shall be the duty of the commissioners to employ a city manager, who shall be the administrative head of the municipal government, and shall be responsible for the efficient administration of all departments. He shall be a man qualified by training and experience to perform the duties of city engineer and superintendent of public works. He shall give his entire time to the city and be paid a salary not exceeding two thousand four hundred ($2,400.00) dollars per annum. Said manager may be a nonresident, or resident and employed from any place where a man with the necessary qualification may be found. The powers and duties of said city manager shall be: City manager to be employed. Salary. (a) To see that the laws and ordinances are enforced. Duties. (b) To appoint, except as herein provided, subject to the approval of a majority of the Commissioners, the heads of all departments of the municipal government, to-wit: Secretary of the commission, city attorney, city physician, recorder, superintendent of public works, chief of police, chief of fire department, or head of any other department which may be established. (c) To remove any of his appointees, or the appointees of the head of any department whose appointment requires his approval, at any time, when he deems such removal necessary or advisable for the public good. (d) To exercise control over all departments created herein or that may hereafter be created by the commission.

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(e) To attend all meetings of the commission with the right to take part in the discussion, but having no vote. (f) To recommend to the Commissioners for adoption such measures as he may deem necessary or expedient. (g) To keep the commission fully advised as to the financial condition and needs of the city. (h) To make the commission a budget each year, at the time of levying taxes, showing the estimated income and expenditures of the city for the ensuing year. (i) To perform such other duties as may be prescribed by this charter, or be required of him by ordinance or resolution of the commission. Said city manager may be removed from office by the affirmative vote of a majority of the commission after a hearing given to said city manager. Removal from office. Approved March 6, 1941. BYRON TOWN CHARTER. No. 42. An Act To create and establish a new charter for the Town of Byron in the County of Peach, State of Georgia, and to reincorporate said Town under the name of the Town of Byron and to define its territorial limits; to re-enact, with certain and various changes, and confirm and continue in operation, except as changed by the provisions of this Act, the Act approved August 13, 1903, (Laws of Georgia, 1903, page 471, et. seq.) establishing a new charter for said Town: to create a municipal government for said town; to vest in said Town of Byron all properties and rights of the former Town of Byron; to confirm the title of said town to all property heretofore acquired in any way; to authorize said town to

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acquire and own property, either within or without the corporate limits, for any corporate purpose; to provide for the sale of property of said town; to provide that all valid obligations of the former Town of Byron shall be binding on the Town of Byron hereby incorporated; to provide that the present Mayor and Aldermen, and all subordinate officers and employees of the Town of Byron shall 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 five (5) aldermen, and other officials and employees, including a marshal and a clerk and treasurer, of said town, and to prescribe their qualifications, manner of election, term of office, powers, rights, privileges and duties; to limit the salaries of the mayor and aldermen; to confer on the Mayor and Aldermen certain duties, powers and privileges; to provide for all elections in and for said town, and the method of holding elections and the qualification of voters; to provide for filling vacancies in the offices of Mayor and aldermen and other officers and employees; to provide a system of permanent registration of qualified voters of said town, and for the purging of disqualified voters' names from the registration book and voters' list after notice and hearing by a registrar or registrars, whose election by the Mayor and Aldermen and whose powers and duties are herein provided; to provide a Mayor's court, and to provide for the trial and punishment therein of all offenders against the laws and ordinances of said town; to provide penalties for contempt and for violation of any and all laws and ordinances of said town; to prescribe the powers and duties of said Mayor's court and the method of appeal therefrom; to provide a system of taxation for said Town of Byron and to confer upon said town all necessary authority to assess, levy and collect ad valorem taxes on all property taxable therein for the

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purposes allowed by State law, and to provide for a Tax Assessor, to require the annual return of all property for taxation, and to provide for assessment of returned and unreturned property by said Tax Assessor, and the method of appeal from his finding; to provide that Mayor and Aldermen may return and assess for taxation all unreturned property; to provide for tax executions and tax sales; to provide for a street or commutation tax and for waiver thereof; to authorize said town to regulate, control and prohibit all kinds of businesses, trades and professions, and shows, exhibitions and entertainments, and for the taxation and licensing thereof; to provide methods and subjects of taxation; to provide for license, specific or occupation taxes, and for penalties for failure to pay such taxes, and to provide methods of enforcement; to authorize said town to define and punish unfair competition, and to provide for the revocation of licenses of persons or corporations guilty thereof; to authorize said town to borrow money; to authorize said town to issue bonds in the manner and for any of the purposes provided and allowed by State law; to hold elections for such purposes, to issue bond coupons; to provide for the sale of such bonds, for their payment and for the payment of interest thereon; 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; to provide rules and regulations for any and all 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, and to authorize said town to require connection with water and sewer lines to enforce charges therefor; to provide that said Mayor and aldermen shall have full control of all the streets, lanes, alleys, passageways and crossings

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in said town; to provide for opening, laying out, establishing, maintaining, 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, the streets and sidewalks of said town, and to assess the cost thereof, including intersections, in the discretion of the Mayor and aldermen, against abutting property owners thereon, and fixing the lien and manner of assessment of such collections; to authorize said town to contract with public service corporations for the purchase or sale of all public utility services; to authorize said town to supply water, electric light and power and gas for public purposes and to its citizens and others, and to charge therefor, and to maintain public utility systems of all kinds; to authorize said town to enforce collection of water, light, power and sewer bills as charges against the premises served, and to cut off services from the premises where such bills are unpaid, and to authorize said town to require deposits to insure payment of such bills, and providing two methods of securing collection of such bills; to authorize said town to provide other penalties and methods of collection of such bills; to authorize said town to issue executions for all bills due said town and to enforce same by levy and sale in the same manner as ad valorem tax executions; to provide for a fire department; to provide for town ownership and control of cemeteries, golf links, swimming pools, airports, public parks, public buildings, municipal markets, and other public services; to provide for the control, inoculation, treatment and taxation of domestic animals within said town; to provide for sanitary and health regulations; to provide for the abatement of nuisances within the corporate limits of said town; to provide for the working of convicts, for a town public works camp and for a town jail, and for the incarceration of prisoners therein; to authorize said town to contract debts and to issue bonds in the manner provided

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by state law for any lawful corporate purpose or improvement, including the refunding of any valid existing debt; to authorize said town to condemn property either within or without the corporate limits for any lawful public and corporate use, when necessary and proper in the judgment of the mayor and aldermen, 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 aldermen full and complete power and authority to do and perform all acts necessary and proper for the general welfare of said town, and for the exercise of the powers and duties herein conferred; to authorize said town to define and prohibit nuisances; to regulate the speed of all trains, cars and vehicles on its streets; to regulate the character of buildings; to provide for tax sales and other execution sales, and for claims and illegalities, and for redemptions of property from tax sales; to provide that the powers herein enumerated and conferred are not restrictive; to repeal all laws and parts of laws in conflict with this Act; to provide for an effective date of this Act; and for other purposes. Section 1. Corporate Name. 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 Town of Byron, in the county of Peach, 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 Byron, and by that name shall be, and is hereby vested with all the rights, powers and privileges incident to municipal corporations in said State and all powers, rights, privileges, titles, property and easements heretofore belonging to the Town of Byron are hereby vested in the Town of Byron, created by this Act, and the Town of Byron by and in that name may sue and be

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sued, contract and be contracted with, plead and be impleaded, have and use a common or corporate seal, make and enact by and through the mayor and aldermen of said Town of Byron such ordinances, rules and regulations 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. Section 2. Territorial Limits. That the corporate limits of the said Town of Byron shall extend as they do at present, beginning at a point in the center of the Freight and Passenger Depot of the Central Railroad of Georgia as a center of said town, measuring one-half mile in every direction, thereby forming a complete circle. Territorial limits. Section 3. Mayor and Aldermen. Powers in General. Be it further enacted that the municipal government of said town shall be vested in a mayor and five (5) aldermen whose qualifications and manner of election are hereinafter prescribed. The present mayor and aldermen shall continue in office until their successors are elected and qualified as provided herein as well as all other subordinate officers elected by said mayor and aldermen, subject to the right to remove for good cause. Said mayor and aldermen, their successors and associates, shall have perpetual succession; shall be able in law and equity to purchase, have, hold, enjoy, receive, possess and retain to them and their successors in office for the use and benefit of the Town of Byron and the citizens thereof in perpetuity, or for any term of years, any estate, real or personal and of every kind and nature within or without the corporate limits for corporate purposes; also to have and to hold all property now belonging to the town in it's own name or the name of others for the use of said town for the purpose and intent for which the same was given, granted, dedicated or purchased; to use, manage and improve, sell, convey, rent or lease the same, and said mayor and aldermen shall succeed to all the

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rights, powers, privileges, immunities and liabilities of the present corporation. They shall and are hereby made responsible as a body corporate for all legal undertakings, liabilities and debts of the present town of Byron; and they shall have power to borrow money, give evidence of indebtedness of same, to issue bonds from time to time and do and perform all and every Act necessary or incidental to the raising of funds for the legitimate use of said town. They shall have the right, power and authority to govern themselves by such rules, laws, by laws, regulations, ordinances or other orders as they may deem proper not in conflict with this charter or the Constitution of this state and the United States. Mayor and alderman, general powers. Section 4. Legislative Authority. Be it further enacted that said mayor and aldermen shall constitute a legislative department of and for said town and as such shall have the full power and authority from time to time to make and establish rules, laws, ordinances, regulations and orders as to them may seem right and proper respecting drainage, ditches, bridges, streets, railroad crossings, street railways, motor vehicles of all types, bicycles, carriages, drays, hacks, wagons, air ships, livery stablees, sales stables, warehouses, store houses, markets, slaughter houses, sleeping apartments, restaurants, cafes, opera houses, theatres, picture shows and all kinds of shows and circuses, dance halls, skating rinks, bowling alleys, pool and billiard rooms and all other places of amusement; also garages, shops, mills, ginneries, factories, barber shops, soda founts, beer saloons, telegraph and telephone companies, gas, water, lights and electrical companies, petroleum products, booths, stands, tents, businesses, establishments, filling stations, common carriers, and all other matters and things whatsoever that may be by them considered necessary, or proper, or incident to the good government of said town and to the peace, security, health, happiness, welfare, protection or convenience of the inhabitants thereof, and for the preserving of

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peace, good order and dignity of government. The enumeration of the powers herein shall not be construed as restricted to the powers above mentioned herein, but shall include all and every other thing and Act necessary or incident to municipal government that shall not conflict with any special power or authority given by this Act, but shall be construed as an addition to and in aid of such powers. Legislative authority. Section 5. Election of Mayor and Aldermen. Be it further enacted that on the first Monday in December, 1941 and each and every four years thereafter an election shall be held at which election a mayor and five aldermen shall be elected who shall take office on January 1st, after said election and who shall hold their office for a period of four years and until their successors are duly elected and qualified. All candidates in such election shall file with the clerk of said town at least five days before said election a written and signed notice of his candidacy for the office for which he shall offer. No person failing to so qualify as a candidate shall be eligible to have his name placed on the ballot in such election. The clerk under the direction of the mayor and aldermen shall have ballots prepared and no other ballot shall be used or be legal. Mayor and aldermen, election. Section 6. Qualification of Mayor and Aldermen. Be it further enacted that no person shall be eligible for election as mayor or as alderman of said town unless said person shall have resided in said town not less than six months immediately preceding his election and shall be a qualified voter in the municipal election for officers of said town. Mayor and aldermen, qualifications. Section 7. Oaths of Mayor and Aldermen. Be it further enacted that said mayor and aldermen before entering upon their duties shall, before some officer authorized by law to administer oaths, take and prescribe the following oath: Oaths. I do solemnly swear that I will to the utmost of my ability faithfully discharge my duties as mayor (or as

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alderman as the case may be) of the Town of Byron during my continuance in office, so help me God. Section 8. Vacancies. Be it further enacted that in the event the office of mayor or any one or more of the aldermen of said town shall become vacant by death, resignation, removal or otherwise the same shall be filled for a period not in excess of six months by any eligible person elected by ballot by the Board of Aldermen, and such person so elected shall hold office until his successor is duly elected and qualified. In case such vacancy occurs more than six months before the next regular election the aldermen of said town shall within thirty days after such vacancy occurs order an election to be held to elect a person to fill such vacancy. Notice of the time of such election being given by posting same in some public place in said town. Such election to be held in conformity with the rules and regulations governing elections in such town generally. Vacancies. Section 9. Qualification of Voters. Be it further enacted that all persons residing within the town limits six months prior to any election who are twenty-one years of age or older, and who are qualified to vote for members of the State Legislature in the County of Peach shall be entitled to vote for said Mayor and Aldermen and in any other election held in and for said town. No other person shall be entitled to vote in elections held in said town. Voters, qualifications. Section 10. Registration Book. Be it further enacted that said mayor and aldermen shall have authority to require the clerk to keep a book to be known as the Permanent Registration Book of the electors of Byron in which event the electors of said town shall sign said book upon an oath containing therein substantially the following: Registration book. I do solemnly swear that I have resided within the limits of the town of Byron for six months and I am qualified to vote for the members of the State Legislature in the County of Peach.

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In the event said officers exercise this authority no person not so registered shall be allowed to vote in any election; provided that this method of registration shall be in effect for all elections except said mayor and aldermen, remove such requirements for registration as herein provided by majority vote of Mayor and aldermen. Section 11. Registration of Electors. Be it further enacted that within thirty days after the approval of this Act the mayor and aldermen of said town shall provide a suitable book for the registration of the qualified voters of said town and it shall be the duty of the town clerk to keep such registration book open during such reasonable hours of the day, Sundays excepted, as may enable the voters of said town to register therein. Such book shall be provided with convenient lines and columns for the signatures of voters followed by notations of age, sex, race, residence, occupation and date of registration of all voters. The clerk of said town or his deputy shall have charge of said registration book and shall keep said book open for registration of qualified voters except during the five day period next preceding the date of any election in said town. The clerk or his deputy shall have authority to administer oaths provided for such registrants. No person registering as herein provided shall be required to again register as a qualified voter of said town so long as he or she remains a resident of said town and does not otherwise become disqualified. It being the purpose of this section to provide a permanent registration of the qualified voters of the said town. Whenever any election is to be held in and for said town the registration book is to be closed five days before said election and delivered to the mayor of the town who shall appoint some person or persons not exceeding three (3) 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

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said registrar or registrars to make from said registration book a list of voters qualified to vote in said election, and in making such list to exclude therefrom the names of all persons on the book who have died or moved from the town or who have registered less than five (5) days before the date of said election or who are otherwise disqualified for any lawful cause; provided however that no registered person who is still a resident of said town shall be disqualified without first serving such persons with a notice to show cause why his name should not be excluded. Such person shall be allowed to appear and submit evidence as to his qualifications. Said registrar or registrars shall have power to hear evidence and to determine the qualifications or disqualifications of all voters. Said registrar shall strike from the permanent registration book the names of all persons found to be deceased or to be disqualified to vote and shall prepare two (2) lists of the voters qualified to vote in said election and certify the same. One copy shall be retained by such registrar or registrars and one copy shall be filed with the clerk of the town at least one (1) day before said election. 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 registrars that his name was omitted therefrom by accident or mistake. The mayor and aldermen shall have full power to define and provide for the punishment of illegal registering and illegal voting and provide additional rules and regulations covering the registering of voters. They shall also fix the compensation to be paid by the town to such registrar or registrars and they may designate the clerk of said town to act as the sole registrar or as one of the registrars provided for under this section, if they deem proper. Electors, registration. Section 12. Managers and Rules for Elections. Be it further enacted that all elections held in and for said town shall be managed by a Justice of the Peace or other judicial

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officer and by two (2) free holders or by three (3) free holders, residents of said town to be selected by the mayor; before entering in to the duties as managers they shall take and subscribe the following oath: Elections, managers and rules. All and each of us do swear that we will faithfully superintend this days' election, that we will make a just and true return thereof and we will not knowingly permit anyone to vote in this election unless we believe he is entitled to vote according to the laws of said town, nor will we knowingly prohibit anyone from voting who is by law entitled to vote. Said oath to be signed by all managers in the capacity in which he acts. The oath may be administered by any officer qualified to administer oaths or the managers may swear each other. Said managers of election shall be paid one dollar ($1.00) each as compensation for holding such election. The polls in all election held in and for said town shall be open from eight (8) o'clock, A. M. until four (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 results. They shall keep two lists of voters and two tally sheets and shall make a certificate of the result on each tally sheet. The person receiving the highest number of votes for the respective offices, shall be declared to be elected. One of said tally sheets, and one of said list of voters together with the ballots shall be placed by the managers in an envelope or box and sealed and filed with the clerk of said town. The other list of voters and tally sheet shall be kept by such managers for a period of thirty days. Such envelope or box filed with the clerk shall be opened at the next regular meeting of the mayor and aldermen and the results of the election declared by them after which all of said election papers shall again be placed in said envelope or box and kept by the clerk without inspection provided no contest be filed or pending for a period of sixty days after

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which same may be destroyed. The mayor and aldermen of said town ar authorized and empowered to adopt such other and further reasonable rules for the conduct of elections in said town as they may deem proper. Contests over any election held in said town may be had in the manner as provided by the laws of Georgia in cases of municipal election contests. Section 13. Officers Take Office. Be it further enacted that all officers elected in the regular December election shall take office on the first day of the following January or as soon thereafter as is practicable. Officers, take office. Section 14. Mayor Pro Tem. Be it further enacted that at the first regular meeting after being elected or as soon thereafter as practicable the mayor and aldermen shall elect from the aldermen a mayor pro tem who shall in the absence, disability or disqualification of the mayor perform all of the duties and exercise all the rights, powers and privileges of the office of mayor. Mayor pro-tem. Section 15. Quorum. Be it further enacted that the mayor or mayor pro tem and three aldermen shall constitute a quorum for the transaction of any business, but it shall require the vote of at least three aldermen to determine all questions. Quorum. Section 16. Absences. Be it further enacted that in the event of the sickness, absence or disqualification of the mayor and the mayor pro tem any one of the aldermen chosen by the aldermen may perform the duties of mayor and shall be clothed with the rights, powers and privileges of the mayor. Absences. Section 17. Mayor's Duties and Powers. 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 the town are executed and that the officers of said town are faithful in the discharge

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of their duties. He shall cause the books and records of said town and of it's officers to be inspected; and shall have control of the marshal and police officers of said town and may appoint special police officers whenever he deems necessary. He may exercise within the corporate limits of said town all power conferred on the sheriff to keep peace and suppress riot and disorder and to that end shall have power when necessary in his opinion to call on every male inhabitant of said town over eighteen years of age to aid in suppressing riot and disorder and in enforcing the law of said town. That the mayor and aldermen of said town shall have full power to fix the time, place and rules of procedure of their regular sessions. The mayor shall have power to convene the aldermen in special session whenever he deems proper. The mayor and aldermen shall have full and ample power to do and perform any of their duties or powers at a special or call session, the same as that of regular sessions. The mayor shall preside at all meetings of the mayor and aldermen and shall have the right to take part in deliberations of said board, but shall not vote on any questions except in the case of a tie. Mayor, duties and powers. He shall sign all deeds and contracts except deeds to property sold under execution at public sale which shall be signed as provided in this charter; he shall approve all bills and vouchers for the payment of money. Said mayor shall have the veto power and may veto any ordinance, order or resolution of the council in which event the same shall not become law or enforceable unless subsequently passed over his veto by a vote of four (4) of the aldermen, provided however that unless the mayor shall file in writing with the clerk his veto of any measure passed by the Board of aldermen together with his reasons for disapproving within three (3) days after it's passage, said measure shall become a law as though approved by him. The mayor may approve in writing any measure passed by the board of aldermen and it shall go into effect immediately.

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Section 18. Malpractice in Office. Be it further enacted in case the mayor or any alderman while in office shall be guilty of malpractice or wilful neglect of office or abuse of powers conferred upon him, he shall be subject to be indicted before the Superior Court of Peach County and shall be fined not in excess of one hundred dollars ($100.00) and shall be removed from office. Malpractice. Section 19. Salaries of the Mayor and Aldermen. Be it further enacted that the mayor shall receive a salary not in excess of one hundred and twenty dollars ($120.00) per year, payable monthly, and each of the aldermen of said town may be paid compensation not in excess of twelve dollars ($12.00) per year for their services. Provided the salaries of the mayor and aldermen may be fixed and regulated by the board of aldermen at the beginning of each calendar year. Salaries. Section 20. Clerk and Treasurer. Be it further enacted that the mayor and aldermen of said town annually at their first meeting in January or as soon thereafter as practicable shall elect a clerk and treasurer whose term of office shall be for one (1) year and until his successor shall have been elected and qualified. He may be removed by the board for inefficiency, neglect of duty or other good cause in their discretion; he shall keep the minutes of the board of aldermen in well bound books to be furnished him by the town and shall preserve them and all other records entrusted to him. He shall collect all municipal taxes, the collection of which is not otherwise provided for; issue all licenses and collect all license fees and other moneys due the town; he shall issue executions against all defaulters for taxes, said executions being directed to the marshal of the town and his deputies. He shall be the custodian of the funds and shall do and perform all such other duties as may be imposed upon him by the board of aldermen. He shall have authority to appoint some fit and proper person as his deputy to whom he may delegate all powers conferred upon

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him, and for whose acts he and his bondman shall be liable as though done by himself. Such clerk and treasurer shall, when elected, be required to give bond with sufficient sureties to be approved by the mayor and in such penalties as the board of aldermen shall prescribe, payable to the mayor of the town of Byron, conditioned faithfully to collect and pay over and account for all taxes and other incomes of said town from whatever source derived; to perform the duties herein prescribed and such other duties as may be imposed upon him by the board. Compensation of the clerk shall be fixed annually in January by the mayor and aldermen at such reasonable figure as they think fit and proper. Clerk and treasurer. Section 21. Marshal. Be it further enacted that the mayor and aldermen of said town annually at their first meeting in January or as soon thereafter as practicable shall elect a marshal of said town who shall be chief police officer, and his term of office shall be for one (1) year and until his successor is elected and qualified, he may be required to give such bond with sufficient sureties to be approved by the mayor and board of aldermen as they may prescribe; he may be removed from office by the board at any time for inefficient services, neglect of duties or other reasonable cause in their discretion. Said board may also appoint one or more deputy marshals to assist said marshal in discharging his duties. Such deputies to hold office for such time and upon such terms as the board shall prescribe. Said marshal and his deputies shall arrest any person who violates any of the penal ordinances, by laws, rules, or regulations of said town and place such persons in the Guard House of said town or in the common jail of the County of Peach, subject to trial by the mayor's court or any committing officer of this State; they shall execute and enforce the ordinances, by laws, rules and regulations of said town as may be directed therein; they shall levy and execute all processes issued from the mayor's court and all executions for municipal taxes, and shall advertise for sale and sell

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all property levied upon thereunder in the same manner as the sheriff is required to advertise and sell property levied upon under executions for State and County taxes except that in cases of personal property the notice and sale shall be at the Court House in the Town of Byron; shall have charge of the working of the streets and of road hands and work gangs, and shall perform all duties imposed upon them by the court. The marshall shall collect all fees imposed by the mayor's court and all street taxes, and shall perform all other services as may be required of him by the board; the salary of the marshall shall be fixed and determined annually by the mayor and aldermen. Marshal. Section 22. Compensation of Officers and Agents. Be it further enacted that the mayor and aldermen of said town shall have the power to fix and determine the compensation for services rendered by all officers, agents and employees of said town at such figure as in their discretion they deem reasonable and proper, for which compensation is not specifically provided in this charter. Compensation. Section 23. Mayor's Court. Be it further enacted that there is hereby created and established in the Town of Byron 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 mayor shall 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 or disqualification of both the mayor and mayor pro tem any alderman may preside over and hold said court. The clerk of the town shall act as clerk of said court and the marshal or other police officers of said town shall attend said court and perform all duties therein, and

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in enforcement of it's sentences as they may be required by ordinances of said town or by the orders of the presiding officer of said court. When held (b) The jurisdictional limits of said court shall include the corporate limits proper of said town and said court shall have jurisdiction to try offenders 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 a fine not exceeding twenty-five dollars ($25.00) and imprisonment in prison of said town not to exceed ten (10) days, either or both or any part of either or both in the discretion of said court. Contempt. (d) Upon the conviction of any defendant or violator of any law or ordinance of said town said court shall have the right to sentence said defendant to pay a fine not exceeding one hundred dollars ($100.00) and to imprisonment in the town jail or in the common jail of Peach County not exceeding sixty (60) days, and to work and labor on the streets or public works of said town not exceeding sixty (60) days, either or all, or any part of either or 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 all defendants convicted, to be collected and enforced in addition to and in the same manner as fines, and shall have power to probate persons convicted therein; all costs shall be paid into the town treasury. 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. Punishment. (e) All cases made in said court shall be in the name of the town of Byron; all warrants for offenses against the law and ordinances of said town shall be signed by the presiding

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officer of said court or the mayor of said town or some officer authorized by law to issue State warrants; and all other processes of said court, including subpoenas, summonses, etc. shall be signed by the clerk and deputy clerk or marshal and shall bear test in the name of the mayor or the presiding officer of said court. Process. (f) The mayor or other presiding officer shall have power to administer oaths and to 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 Peach County for trial, to assess bail for his appearance, and to commit to the jail of Peach County in default of bond. Oaths, commitment. (g) Said court shall have the right to compel the attendance of the witnesses within or without of the jurisdictional limits of said town and may issue attachments where necessary to secure the attendance of witnesses, which may be served by any sheriff, deputy sheriff or constable in any county in this state; but said town shall not be required to incur any expense in securing the attendance of any non resident subpoened by a defendant. Witnesses. (h) Said court shall have the power to fix bail, accept bonds for the appearance of defendants and to forfeit and enforce collection of bonds. Cash may be accepted in lieu of bond and security for the appearance of offenders for trial, and if such offenders shall fail to appear at the time and place fixed for said trial the cash so deposited shall be by order of the officer presiding declared forfeited to the Town of Byron. Said court shall have the power to issue warrants for the re-arrest of any defendant whose bond has been forfeited. Bail. (i) Said court shall have full power and authority, and the mayor and aldermen are hereby empowered to adopt such rules and regulations, as may be necessary to perfect

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the functions of said court and the enforcement of it's judgment. General powers. Section 24. Certiorari. Be it further enacted that any person convicted in the said mayor's court for violation of any of the laws or ordinances of said town shall have the right of certiorari to the Superior Court of Peach County, Georgia, in the manner provided by law as set out and embodied in Chapter 19 of the Georgia Code of 1933, being sections 19-201 et seq. Certiorari. Section 25. Warrants. Be it further enacted that the mayor of said town is hereby authorized to issue warrants for the arrest of all persons charged upon affidavit made before him, with having committed within the corporate limits of the Town of Byron offenses against any law or ordinance of said town or offenses against the penal laws of this state. He shall have authority to take an examination of any person charged with a state offense, and 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 peace of this state now or may hereafter have by law. All such warrants shall be addressed to the marshal and to all and singular the sheriffs, deputy sheriffs and constables of this state who shall have the authority to execute said warrants. Warrants. Section 26. Arrests. Be it further enacted that it shall be lawful for the marshal and 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 a 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, and ordinances of said town, who, after committing said offense seeks to flee

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and escape the marshal or other police officers are empowered to pursue and arrest him without a warrant. Arrests. Section 27. Release on Bond. 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 the 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 Byron conditioned to pay the obligee in said bond an amount fixed by the marshal or mayor of said town in the event said person 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. Bail, release. Section 28. Finances. Be it further enacted that the mayor and aldermen of said town shall have power to control the finances and property of said town, to appropriate money and to provide for the payment of the debts and expenses of the corporation. Finances. Section 29. Remission of Sentences and Fines. Be it further enacted that the mayor of said town of Byron shall have full power and authority to suspend, modify or remit the sentence or fine of any person imposed in said court for violation of any said ordinance, law or regulation. The mayor shall also have authority to grant pardons to offenders convicted of violation of the town laws and ordinances. Every person convicted in said mayor's court of a violation of any town ordinance, law or regulation shall have the right to appeal from the action of the mayor to the mayor and aldermen which body shall have full power after a hearing to commute, remit, suspend or modify the sentence or fine imposed. Remission. Section 30. Counsel. Be it further enacted that all persons

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put on trial in the mayor's court shall have opportunity to employ counsel, if they so desire. Counsel. Section 31. Taxes. Be it further enacted that the mayor and alderman of said town are hereby authorized and empowered to impose, levy and collect 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 one dollar ($1.00) on each one hundred dollars ($100.00) 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 taxes as may be necessary and proper, in the manner prescribed by the constitution of Georgia. Said taxes shall have the same lien and priority as taxes due the state and county, except that they shall be second and postponed thereto. Taxes. Section 32. Tax Returns. Be it further enacted that all persons owning property in said town shall be required to make a return under oath annually to the tax assessor of said town of all their property, real and personal, subject to taxation by said town as of September 1st of each year; the book for taking and recording such returns shall be opened on September 1st and closed on October 1st of each year. Said property shall be returned by the property owner in blanks or a book furnished for that purpose at the fair market value thereof. Provided, however, that the provisions of this section shall not apply to property which, under the General Laws of the State of Georgia, is required to be returned to and assessed by the State Revenue Commissioner. Returns. Section 33. Tax Assessor. Be it further enacted that the

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mayor and aldermen of said town within a reasonable time after the approval of this Act and annually thereafter on or before the first meeting in September shall elect a tax assessor. The mayor and aldermen shall fix the compensation of such tax assessor. Vacancies in such position may be filled by the mayor and aldermen as they occur during the year. Before entering upon the discharge of his duties the assessor shall be sworn to faithfully and impartially perform the duties of this office. It shall be the duty of such tax assessor to accept the tax returns of all persons subject to taxation by said town at it's fair market value; and it shall be his duty to examine the tax returns made to him by property owners and to assess and increase the valuation of any real estate or personal property when in his 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 it's real estate or personal property, as hereinabove required by the first day of October in any year, said tax assessor shall assess said property of the person, firm or corporation failing to make such return at it's fair market value. Said tax assessor shall make a return of his work not later than November 1st of each year unless additional time is granted by the mayor and aldermen; when the return is made said assessor shall appoint a time and place for the hearing of objection to such tax assessments and he shall cause notice to be given to persons whose property valuation has been raised five (5) days before said hearing, stating the time and place of the hearing and increase made by him. Such notice shall be served by mailing same to the last known address of such tax payer and this shall constitute legal notice to such tax payer, 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 aldermen of said town, provided said appeal be filed in writing with the clerk of said town within five (5) days

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after the hearing before the assessor setting forth distinctly the items of property whose valuation has been raised, the amount at which same has been assessed, and a fair market valuation as contended for by the appellant; said appeal shall be heard by the mayor and aldermen at their next meeting unless continued for cause, and their decision shall be final and conclusive. The mayor and aldermen of said town shall have the power and authority after notice and opportunity for him to be heard to raise the valuation of any property, real or personal of any person if in their opinion it is returned and assessed below it's fair market value. Appeal. (b) The mayor and aldermen shall also have the 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 assessor; and to make such additional regulations as they deem necessary to secure the payment of taxes on all property subject thereto. Collection of taxes. Section 34. Tax Executions. Be it further enacted that the mayor and aldermen of said town shall have the power and authority to provide by ordinance when the taxes of said town shall fall due, but until otherwise provided all ad valorem taxes owing to said town shall fall due on January 1st following the year for which such taxes are assessed; and tax executions shall be issued against all persons who have not paid their taxes by the time fixed and defined. 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 officers of said town, the sheriff, sheriff's deputies and constables of said State shall have authority to execute same by levy and sale and the other means provided by the code of Georgia and particularly as provided in the Georgia Code of 1933, Chapters 92-43 and 92-44, section 93-4301 et seq. and 92-4401 et seq. The costs for issuing and levying such tax executions shall be the same as allowed

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tax collectors and constables for such services unless otherwise provided by the mayor and aldermen. Executions. Section 35. Bond Tax. Be it further enacted that the tax levy for general purposes shall be exclusive of the taxes required and sufficient to pay the bonded indebtedness and interest thereon in said town and to provide a sinking fund for the purpose of retiring said bonds, for which purposes an additional tax may be assessed, levied and collected on all of said property subject to taxation for such purposes. The tax authorized for bonded indebtedness, interest thereon and sinking funds shall be levied under a separate ordinance which shall specify the purposes for such levy. All taxes levied and funds collected for the payment of such bonded indebtedness, interest thereon and sinking funds 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 each year. Bond tax. Section 36. Street Tax. Be it further enacted that all male persons over the age of twenty-one (21) years, and under the age of fifty (50) years who have resided in the corporate limits of said town for ten (10) days, and who are not exempt by state laws shall be subject to work on the streets, alleys and sidewalks within said corporate limits each and every year not exceeding five (5) days or to pay a commutation tax each year in lieu of working said streets, alleys and sidewalks not exceeding Two dollars and one-half ($2.50) each year; and in the event any such person fails to do such work or to pay such commutation tax as may be fixed by the by laws and ordinances of said town after being notified by the marshal or any other police officer of said town in writing one (1) day before hand to do said work, or pay said tax such person for such refusal or failure shall be subject to be arrested by the marshal or other police officer of said town and punished on such charge being preferred against him in the mayor's court by being compelled to work on the streets, alleys and sidewalks of said town

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not exceeding thirty (30) days and to pay a fine not exceeding fifteen dollars ($15.00) and to be imprisoned in the town prison not exceeding thirty days (30) or being compelled to do any one or part or all of these things. Such street tax may be waived by the mayor and aldermen if in their discretion they see fit to so waive same, and in the event such tax is waived no person shall be required to pay said tax or to work in lieu thereof for the year in which same is waived. Street tax. Section 37. Licenses and Specific or Occupation Tax. Be it further enacted that the mayor and aldermen of the town of Byron shall have full power and authority to license, regulate, control or prohibit theatrical exhibitions, merry-go-rounds, circuses, dance halls, skating rinks, shows and exhibits of all kinds; drays, automobiles, jitneys, trucks, taxis and public and private vehicles of all kinds; traveling vendors of patent medicines, notions and all other articles; also hotels, boarding houses, restaurants, lunch stands, drink stands, fish stands or markets, meat markets, mercantile establishments, chain stores, laundries, billiard, pool and other kinds of tables; ten-pins, shooting galleries and bowling alleys, slot machines or any games operated by coin-in-slot devices for carrying on games; also bakeries, dairies, barber shops, livery stables, sales stables, slaughter houses, garages or motor vehicle repair shops, blacksmith shops, telephone and telegraph companies; drug stores; soft drink dealers; gins, saw mills, planing mills; also auctioneers, pedlers and pawnborkers; also 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 and/or dispensors of gasoline or petroleum products of any kind, either at wholesale or retail, from tanks or otherwise; also all dealers of corn, cotton seed, all kinds of farm products; and all businesses, occupations, professions, callings, trades or avocations which under the laws of this state are subject to

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license; and said mayor and aldermen 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 or license tax shall constitute a lien upon all the property of the tax payer 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 the payment of license tax on all such businesses, etc. as a pre requisite to the right to operate or engage in such business, etc. in said town; and shall have the power to punish anyone conducting or engaging in any business, etc. without first registering and paying said license tax. Said mayor and aldermen 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; they may fix a fiscal year and time for all licenses to expire and may apportion said license, but shall not be required to do so; the license, specific, or occupation taxes mentioned in this section shall be paid to the clerk and treasurer before the person shall engage in the business, pursuit or calling; and any person who shall fail to pay same before doing so, and who shall refuse to do so immediately upon being notified shall be subject to trial before the mayor's court and upon conviction shall be fined an amount equal to double the license, or in default be imprisoned in the Guard House or jail or work upon the public works not exceeding sixty (60) days; and in case of a corporation or non resident firm, the agent who represents them in the town will be subject to the same penalties for doing business without first obtaining a license or paying a tax. License tax. Section 38. Revocations. Be it further enacted that said mayor and aldermen may revoke the license of and prohibit the operation of any business or establishment for which a

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license may have been granted in the event the same becomes a nuisance or is dangerous or injurious to the health or morals of the people of said town; said mayor and aldermen are hereby authorized and empowered to define and prohibit unfair competition on the part of any person, firm or corporation seeking to do business, or doing business in said town and to refuse to grant a license to any person, firm or corporation who manifestly intends to engage in unfair competition therein, and to revoke the license of any person, firm or corporation who engages in unfair competition; but no license shall be revoked without giving notice and affording such person or corporation an opportunity to be heard. Revocation. Section 39. Bond Issues. Be it further enacted that said Town of Byron shall have power to issue and sell interest bearing negotiable bonds of the municipality for the purpose of purchasing land, buildings, erecting buildings, improving property, purchase 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 law are complied with and when done with the purpose of properly furnishing said municipality and the citizens and inhabitants thereof with proper health and sanitation facilities, including water, water systems and supplies, sewer and sewerage systems, disposal plants, electric and power and gas service, streets and sidewalks, fire protection, fire fighting equipment and facilities. Such bonds may be issued from time to time, or issued from time to time as the necessity may exist; but such bonds shall not be issued in any case except within the restrictions of general law, nor shall any bonds be issued for any purpose except as authorized by general law, and the constitution of this state and of this Charter or subsequent amendments; and in all cases such bonds to be issued only after compliance with the general law and the constitution of this state as to purpose, amount, elections and procedure. Bond issues.

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Section 40. Bond Execution and Bond Tax. Be it further enacted that should the mayor and aldermen determine in accordance with the provisions hereinbefore made to issue bonds for any purpose hereinbefore set out, then they shall have the power and authority in addition to all other taxes authorized, to levy and collect an additional tax sufficient to pay off the said bonds with all interest and charges on the same within the period which said bonds have to run as well as to provide any sinking fund that may be necessary and advisable. This tax shall be separately assessed, levied and collected for the purposes designed and shall not be issued or applied to any other purpose as hereinbofer provided. Said mayor and aldermen are authorized to issue interest coupons, payable annually for the interest on said bonds. Said bonds shall be signed by the mayor and clerk of said town and shall be in such denominations, and shall be sold in such manner and in such sums, and at such times, and shall bear such rate of interest as the mayor and aldermen may determine. Bond tax. Section 41. Sewerage. Be it further enacted that the mayor and aldermen 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 Byron, 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 aldermen seem reasonable and proper for sewer connections and/or service for which said charges shall be enforceable in the same manner that charges for water furnished by said town are enforced; the mayor and aldermen shall have the power and authority to cause the owner or owners of lots within said town to drain same and to make same sanitary. Sewerage. Section 42. Utility Service Powers. Be it further enacted that the mayor and aldermen of said town of Byron shall have full power and authority to furnish water, electric

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lights and power, gas, heat and other public utilities for the use of the public of said town and for private use and charge therefor; to own, construct, enlarge, operate, maintain a system of water works and sewerage, a system of electric lights and power lines, a system for the manufacture of heat and any other public utility system or plants; to purchase or generate electric energy; and to own and construct dams; and to do anything necessary to maintain the supplying of said public utility services; the mayor and aldermen of said town may contract with persons residing beyond the town limits to furnish them with water and other public utilities provided by the town; but shall not be required to furnish such service to non residents. Utilities. Section 43. Collection of Charges for Public Utility Services. Be it further enacted that the mayor and aldermen of the Town of Byron shall have full power and authority to regulate and enforce the collection of and insure the payment of charges for supplying water, electric lights or power energy, gas, heat and sewer services by such methods as the mayor and aldermen may provide. The following methods of collection may be adopted: Charges, collection. (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 service shall be shut off from the building, place or premises, and shall not be compelled to again supply said building, place, or premises with water, electric energy, gas, heat or sewer service until said arrears with interest thereon is fully paid; and further they may provide for the issuance of an execution for the unpaid charges for water, electric lights, 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. Discontinuance of service.

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(b) Said mayor and aldermen shall have full power to require prompt payment in advance for all water, electric energy, gas, heat and sewer service furnished by said town; or to require of each consumer or person service a reasonable deposit which may be varied according to the estimated consumption to insure the prompt payment for such services; and shut off and refuse to furnish water, electric energy, gas, heat or sewer service where payment in advance or deposit as the case may be is not promptly made; and to enforce by execution against any consumer or person served in the same manner as ad valorem taxes are enforced any unpaid charges for water, electric energy, gas, heat or sewerages service; should any consumer fail to pay water, electric energy, gas, heat or sewerage service charges due by him to said town then the said town may cut off water, lights, gas, heat or sewerage service from the premises, and should he move to another place in town refuse to furnish such service at the new place of residence unless and until all past due accounts are paid in full. Payment in advance. (c) Said mayor and aldermen shall have power to adopt all necessary ordinances to put either method in force in town and to change from one method to the other in their discretion and to adopt such other methods and penalties of enforcing said charges as they may deem necessary and proper. Ordinances, penalties. (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 sewerage 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 provision of this Act. Classes. Section 44. Franchises. Be it further enacted that the mayor and aldermen of said town shall have the power and authority to grant the right to use any of the streets, alleys

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or other passage ways in said town for railroads, telegraph, telephones, bus, gas, water and electric light and power service; in granting such franchises they shall fully and completely guard and protect every interest, present and future of said town and no franchise shall carry with it any right or power except as specifically set forth and enumerated and named herein. Franchises. Section 45. Control of Domestic Animals. Be it further enacted that the mayor and aldermen shall have authority to make all rules and regulations necessary for the control of, inoculation, treatment and impounding and redemption of all domestic animals within said town, and to impose and collect a tax on same. They shall have authority to have killed or removed from said town such animals as have not been inoculated or treated or the taxes thereon unpaid, as well as to keep such animals from running at large on the streets; said mayor and aldermen shall have the right to prohibit, control and regulate in any and every manner the keeping of domestic animals within said town and to provide penalties for the violation of any ordinance with reference thereto. Animals, control of. Section 46. Health Regulation. Be it further enacted that in order to protect the health of the inhabitants of said town and keep said town in a decent and presentable condition; the mayor and aldermen shall have authority to require all owners of property within said town to keep same free of standing water, grass, weeds, trash, filthy toilets, 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 such lots cleared, the expense to be borne by the owner; executions may be issued against the said property and shall be a lien against same for such expenses together with costs of the executions and sales may be had and title conveyed as provided herein for tax sales. Health regulation. Section 47. Tax Executions, Costs and Sales. Be it

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further enacted that the taxes on property levied by the Town of Byron shall be due and payable on January 1st of each year for the preceding year unless otherwise provided by the mayor and aldermen, 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. Cost thereof and the cost 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 Peach County, and in tax sales by the sheriff of said county. Said executions shall bear interest at the rate of seven (7) per cent per annum from said due date. Said mayor and aldermen shall have authority to order the payment of such costs into the town treasury or to order same divided in some fair proportion between the marshal and the clerk and treasurer. Tax executives. Section 48. Tax Sales, Redemption. Be it further enacted that said mayor and aldermen shall have the power and authority to enforce by execution the collection of any debt or claim due to said town for taxes, licenses, rents, impounding fees, fines and forfeitures, for laying sewers or drains, for cleaning and repairing toilet facilities, for abating nuisances and for any and all levies, assessments, debts and demands due to said town; said executions shall be issued by the clerk of said town and bear test in the name of the mayor against the property, person, firm or corporation against which or upon whom any such debt or demand is owing; such executions to be directed to all and singular the marshal, deputy marshal and policemen of the town of Byron who are authorized to levy the same upon any property of the person against whom such execution shall have been issued, and the same shall be sold by the marshal or his deputy at public out cry under the laws governing sheriff's sales to the highest bidder for cash before the court house door of Peach County if the property levied upon be real estate. If the property so levied upon shall be personal property it shall be advertised by posting notice in three

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(3) public places in said town for ten (10) days before the day of sale and the sale shall be had before the Court House door or the town hall door in said town. If the property levied upon is real estate it shall be advertised once a week for four (4) weeks in the newspaper in Peach County in which the sheriff's sales are advertised; said marshal or his deputy making such sales shall execute title to the purchaser and shall have the same power to place the purchaser in possession as the sheriff of the state has; such sales as provided herein shall be as effectual to pass the title as the deed of the person against whom said execution was issued; the right of redemption shall exist in sales for taxes as in sales for state and county taxes; there shall be no right of redemption from any other sale; recitals of levy, notice of advertisement, public sales and all other usual provisions in deeds executed under sales for taxes and other executions in favor of the Town of Byron shall be evidence of the facts recited. Tax sales. Section 49. Claims and Illegalities. Be it further enacted when any execution shall be issued, as provided in this Charter, a claim or illegality may be interposed under the same rules and regulations as are now provided by law for claims and illegalities under tax execution, or other executions issuing from the various courts of this state; such claim or illegality to be returned to and heard in Peach Superior Court or the Justice Court of the 1817th District G. M. Peach County, accordingly as the jurisdiction thereof may be. Claims, illegalities. Section 50. Nuisances, Abatement, Punishment. Be it further enacted that 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 ordinances for the abatement thereof, and for the punishment of those people responsible therefor; nuisance per se may be abated and the perpetrators

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punished even though not designated as a nuisance by ordinance. Nuisances, abatement. Section 51. Regulation of Trains, Busses, Automobiles. Be it further enacted that the mayor and aldermen shall have full power and authority to regulate the running of railroad trains, busses and taxi cabs and to prescribe the manner in which same may be run and the rate of speed and to provide for the necessary terminals and operation thereof. traffic regulation. Section 52. Town Jail. Be it further enacted that 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 town laws or ordinances, or any penal section of this Charter, and for the safe detention of all disorderly persons committing, or attempting to commit crimes, and the marshal or any policeman shall have the right to take up all disorderly persons and confine them in the guard house and to take up and confine therein in default of bail any person violating any of the laws or ordinances of said town, or of said state. Town prison. Section 53. Power Over Streets, Paving. Be it further enacted that the mayor and aldermen of the Town of Byron shall have the power and authority to open, close, lay out, widen, straighten or otherwise change the streets, alleys, sidewalks, crossings or other passage ways of said town, and shall have the power to vacate, close up, open, alter, grade and fill, curve, pave, drain and repair 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 and paving of all squares, triangles and intersections of said town as they may deem necessary from time to time; they shall prescribe the kind of material to be used in such construction, and shall fix the

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time when notice shall be given and when work shall be completed; they shall provide for the supervision and construction of same and shall 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, other crossings and passage ways to be paved in such manner and with such material as they may determine by resolution or ordinance, and shall have full authority to enforce such ordinance, rules and regulations; to 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 others occupying said street after notice to comply with the requirements of this section they may 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 owner of the property, or the property if the owner is unknown, and levy and collect the same in the same manner as in case of tax executions. Streets, paving. Section 54. Fire Districts, Etc. Be it further enacted that said mayor and aldermen 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 it's limits from time to time; to prescribe when, how and of what materials buildings in said limits may be erected, repaired or covered; how thick the walls may be, how the chimneys, stove 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 aldermen may deem necessary in order to protect said town as well as possible from fire and to prevent the spread of fire from one building to

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another and for the protection and safety of the people; they shall also have the authority to order any changes in a construction or arrangement of building chimney's 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 expense of such changes or removal, which expense may be collected by execution as taxes are collected; and if any person, firm or corporation shall erect or maintain any building that is not in accordance with the laws and ordinances of said town the mayor and aldermen may order such building removed or altered; and if such person, firm or corporation shall not remove or alter such building after notice to do so as may be prescribed, then said mayor and aldermen 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 or ad valorem taxes are enforced. Fire districts. Section 55. Zoning Laws. Be it further enacted that the mayor and aldermen 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 districting or zoning of the said 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 dimension 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 regulation may be based upon any one or more of the purposes above described; the town may be divided into such number of zones or districts, and such districts may be of such shape and area as the mayor and aldermen shall deem best suited to accomplish the purpose of the zoning regulations; in the determination and establishment of districts

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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; a public, quasi-public or private nature of the use of the premises; or upon any other basis of bases relevant to the promotion of the public health, safety, order, morals, conveniences, prosperity or welfare; said mayor and aldermen may provide by ordinance for a zoning commission, to be composed of not more than three (3) members to be elected by said mayor and aldermen of said town, and to prescribe their powers and duties; and are authorized to provide the method and appeal from findings of said zoning commission; and to provide for a Board of Zoning Appeals to be elected by said mayor and aldermen, to hear such appeals and to provide their powers and duties; and to provide for the right of certiorari from said Board of Zoning Appeals to the Superior Court of Peach County. Zoning. Section 56. Additional Powers. Be it further enacted that in addition to the power and authority vested in the mayor and aldermen of said town of Byron created by this Act by the general laws of said state, and to others heretofore and herein granted by this Act, the said mayor and aldermen 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 the health of said town, to prevent the spread, and to suppress infections, contagious or dangerous diseases in said town; to regulate toilets, toilet facilities and cess pools; Morals, peace. (b) To create and elect a Board of Health in said town and to prescribe it's powers and duties, to fix it's compensation, and to maintain said board; to provide for the quarantine

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in and treatment of contagious diseases, either in or outside of town, and to cooperate in the management and control of any public hospital of clinic for treatment generally of diseases and accidents and to contribute money to the same; to provide aid for the needy poor of said town; Board of health. (c) To own and regulate cemeteries and to sell cemetery lots therein, and to provide regulations for the interment of the dead either within or without said city; to own and regulate parks, to establish, control and govern a municipal market in said town; to own or contribute to the support and maintenance of swimming pools, airports, golf links, parks, and playgrounds, either within or without the corporate limits of said town; Market, 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 the 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; Explosives, fireworks. (e) To regulate the character of buildings to be erected in said town and to adopt and enforce building regulations; to require permits and to condemn buildings which are, or may become dangerous to the life, or health, and require the removal or repair of same; and to regulate plumbing and electrical wiring in structures in said town; Building regulations. (f) To prevent or condemn encroachments or obstructions in, upon, or over any sidewalk, street or alley, and to require removal of such; Streets, alleys, encroachments. (g) To grant franchises, easements and right-of-ways 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 aldermen may prescribe; and to regulate all public service or utility corporations doing

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business in said town in any manner not in conflict with state or federal law; Public utilities, easements. (h) To establish, equip and maintain a fire department, such fire department to be within the control and regulation of the mayor and aldermen. Fire control. (i) To define and prohibit nuisances within the corporate limits of said town and to prescribe the mode of trial for all nuisances, and to abate the same; Nuisances. (j) To provide, equip and maintain a prison or public works camp and to regulate 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. (k) To prescribe and regulate the use of it's streets, and to classify said streets and regulate the use thereof, according to such classification; to prohibit the sale or barter of any merchandise or thing from any stand, vehicle or conveyance on the public streets, sidewalks or ways of said town; to limit and regulate the speed of all animals, vehicles, motor vehicles, motor cars, trains of cars 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; Streets, regulation of use. (l) To suppress and prohibit houses where illegal, immoral or disorderly practices are had; Disorderly houses. (m) To lay out and open streets and alleys in said town and to change the grades thereof; Streets, opening, etc. (n) To provide a uniform scale of costs of the clerk, marshal and police officers of said town for all services in the arrest and prosecution of offenders in the mayor's court, and in the issuance and collection of tax and other executions; and for their collection and payment into the town treasury. Costs of officers.

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(o) To require connectiton with water and/or sewerage by property owners whose property abuts on streets having water and/or sewer mains therein. Water and sewerage. (p) To contract with public utility companies for the purchase of or the sale of water, electric current, gas or any and all other public utility services. Utilities, contracts with. Section 57. Condemnation Powers. Be it further enacted that the mayor and aldermen of the Town of Byron shall have full power and authority to condemn private property for any public purpose, such as establishing public streets, sidewalks, parks or playgrounds; for right-of-ways, for any electric light, water supply, gas or sewer lines, or sewerage disposal plant; for sites for the building or enlarging of any public building, reservior or structure necessary for the operation and conduct of the fire department, water plant, electric light and power plant, gas, works or gas system, sewerage system, including line and disposal plant, or any other department of said town and for any other public use whatsoever whenever same is necessary in their opinion; whenever the mayor and aldermen 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, and as contained in the Georgia Code of 1933, Section 36-301 et seq. Condemnation. Section 58. Bonds for Debts, Etc. Be it further enacted that the mayor and aldermen of said town shall have the 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 Georgia for the purpose of refunding valid existing

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debts, establishing, improving and maintaining the water system, establishing, improving and maintaining a sewerage system, a system of lights or electric power, and any other public service or utility system, and for the paving or otherwise improving streets, sidewalks or public places, and for any other improvements, conveniences or necessities for the use of said town or the citizens thereof, or for any other lawful purposes. Bonds for debts. Section 59. Ordinances of Force. 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 aldermen of the Town of Byron, created by this Act. Existing ordinances. Section 60. Constitutionality. Be it further enacted that if for any reason any section, provision, clause, sentence, phrase, word or any part of this Act shall be held to be unconstitutional or invalid, then that fact shall not affect or destroy the validity or constitutionality of any other section, provision, clause or part of this Act which is not in and of itself unconstitutional or invalid, and the remaining portions of this Act shall be enforced without regard to the provision, clause or part so held to be invalid or unconstitutional. Constitutionality. Section 61. Powers Not Restrictive General Welfare Clause. Be it further enacted that the enumeration of powers contained in this Act shall not be considered as restrictive but the mayor and aldermen of the Town of Byron, and the authorities of said town may exercise all powers, rights and jurisdictions as they might if such enumeration were not made, and the mayor and board of aldermen are hereby authorized to pass all laws, ordinances, rules and regulations that they may deem needful and proper for the general welfare and protection of said town; and where

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under this Charter, rights are conferred or powers granted, but the manner of exercising them is not fully defined, the mayor and aldermen may prescribe additional regulations and modes of procedure not repugnant to the interest and purposes of this Act and the laws of this State. General powers and welfare. Section 62. Repealing Clause. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Repealing clause. Section 63. Date When Effective. Be it further enacted that all the provisions of this Charter shall become effective and of force immediately after this Act is approved. Effective date Approved February 13, 1941. CAIRO CONDEMNATION OF PROPERTY. No. 104. An Act to amend the charter of the City of Cairo; to authorize the City of Cairo to condemn private property for public use; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same that: Section 1. An Act establishing a charter for the City of Cairo, approved August 6, 1906, page 573, Act of 1906, be and the same is hereby amended by adding to said Act a new section to follow Section 42 of said Act, to be known as Section 42 (a) and shall read as follows: Act of 1906 amended. Section 42 (a). That said City of Cairo, by and through its Mayor and Council, shall have power and authority to condemn private property inside and/or outside the corporate limits of said City of Cairo in a manner provided by the laws of this State for the following public purposes, to wit: Waterworks, sewerage system, cemeteries,

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school campuses, parks, dumping grounds for garbage, light or power plant and other or similar public purposes. Condemnation of property. Section 2. All laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved February 26, 1941. CAIRO ELECTION AND VOTERS. No. 227. An Act to amend the charter of the City of Cairo, by amending an Act approved March 29, 1937 and by amending the Act establishing a charter for the City of Cairo approved August 6, 1906, so as to prescribe the qualifications of voters: to prescribe the registration oath; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, that: Section 1. An Act amending the charter of the City of Cairo approved March 29, 1937, Acts of 1937, page 1528, be and the same is hereby amended by striking from Section 1. (d) of said Act the following words: all taxes required of me by said City of Cairo, and adding in place of said stricken words the following words: all poll-taxes that I may have had an opportunity of paying agreeably to law, so that when amended said Section 1. (d) will read as follows: Act of 1937 amended. Section 1. (d) Be it further enacted, that all persons upon registering in said City of Cairo shall take the following oath: `I do solemnly swear that I am a resident of the City of Cairo and have been a bona fide resident of the City for more than six months prior to this date, and that I am more than 21 years of age and have paid all poll-taxes that I may have had an opportunity of paying agreeably to

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law, and that I will uphold and defend the Constitution of this State and of the United States, so help me God'. Oath. Section 2. An Act establishing a charter for the City of Cairo, approved August 6, 1906, Acts of 1906, page 573, be and the same is hereby amended by striking Sec. 16. from said Act and inserting in its place a new section to be known as Section 16. and shall read as follows: Act of 1906 amended. Section 16. All persons shall be qualified voters in the City of Cairo who are citizens of the United States, who have resided in Georgia one year and in the City of Cairo six months next preceding the date of the election at which they offer to vote, who are 21 years of age, or over, who have paid all poll-taxes that they may have had an opportunity of paying agreeably to law, six months prior to the date of the election at which they offer to vote, except when such election is held within six months from the expiration of the time fixed by law for the payment of such taxes, who are registered and been entered on the voters list of said City of Cairo. Voters qualifications. Section 3. All laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved March 24, 1941. CAIRO ZONING AND PLANNINGREFERENDUM. No. 25. An Act relating to the City of Cairo, Georgia, to authorize the Mayor and Council of said City to pass zoning and planning laws whereby said City of Cairo may be zoned or districted for various uses and other or different uses prohibited therein; to regulate the use or uses for which said zones or districts may be set apart; to regulate the

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plans for the development and improvements of the real estate therein; to provide for a referendum, and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same that: Section 1. The City of Cairo, Georgia, through its Mayor and Council is authorized: to pass laws or ordinances whereby said City of Cairo, Georgia, may be zoned or districted for various uses and other or different uses prohibited therein; to regulate by laws or ordinances the use or uses for which said zones or districts may be set apart, and to further regulate by laws or ordinances the plans for the development and improvements of the real estate therein. Zoning. Section 2. The authority hereby given to the City of Cairo, Georgia, acting through its Mayor and Council to pass zoning and planning laws is that provided in Article 3, Section 7, Paragraph 26, of the Constitution of Georgia. Section 3. This Act shall not go into effect until after it is submitted to the qualified voters of the City of Cairo, Georgia, at a special election to be held before January 1, 1942, the month, day and hours of the election to be set by the Mayor and Council of the City of Cairo, Georgia. Notice of said election shall be posted at the door of the City Hall in Cairo, Georgia, for at least 15 days next preceding the day set for the special election. Said election shall be held at the usual place of holding City elections by three free-holders, one of which shall be a Justice of Peace or a Notary Public, and all must live within the limits of the City of Cairo, Georgia. The question that shall be submitted to the voters of said City shall be For Zoning City of Cairo and Against Zoning City of Cairo. In event a majority of the votes cast be For Zoning City of Cairo, then this Act shall be effective from the time the result of the election is declared by the Mayor and Council. In event

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a majority of the votes cast be Against Zoning City of Cairo, then this Act shall not go into effect. Referendum. Section 4. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 13, 1941. CAMAK ELECTIONS. No. 30. An Act to amend an Act, entitled An Act to amend, consolidate, and supersede the several Acts incorporating the town of Camak, in the county of Warren, State of Georgia; to create a new charter and municipal government for said corporation; to declare the rights and powers of the same, and for other purposes; so as to change the date for the election of Mayor and Councilmen for the Town of Camak, and to change the time of opening and closing the polls at elections held in said town, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that Section 4 and Section 6 of an Act to amend, consolidate and supersede the several Acts incorporating the Town of Camak, in the County of Warren, State of Georgia; and to create a new Charter and municipal government for said corporation; to declare the rights and powers of the same, and for other purposes, approved August 13, 1910, be repealed. Act of 1910 repealed. Section 2. Be it further enacted that on the second Wednesday in December, 1941, there shall be elected for said Town by the qualified voters therein, a mayor and five councilmen, and annually thereafter, on the second Wednesday in December, and a mayor and five councilmen; all elections for mayor and councilmen under this charter shall

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be by general tickets. The term of office for the mayor and councilmen elected under the provisions of this charter shall be one year, commencing on the 1st day of January next after their election, unless said day shall fall upon Sunday, then in that event, on the following day, and until their successors are elected or appointed and qualified, on the 1st day of January after their election, unless it shall happen on Sunday, then and in that event, on the following day, the mayor and councilmen-elect shall meet at the usual place of holding council meetings in said town, and there shall severally take before some officer authorized under the laws of Georgia to administer oaths, the following oath of office, to-wit: I do solemnly swear that I will well and truly demean myself as mayor (or councilmen as the case may be) of the town of Camak for the ensuing term, and that I will faithfully enforce the charter and ordinances of said town to the best of my skill and ability, without fear or favor, so help me God. Should the mayor or any councilman be absent from said meeting, he or they shall take said oath of office as soon as possible thereafter; said mayor and councilmen shall provide, by ordinance, for regular monthly meetings, and may hold such special or called meetings as the business of the town may require, to be convened as provided by the town ordinances. In the event that the office of mayor or any one or more of the councilmen shall become vacant by death, resignation, removal or otherwise, said vacancy or vacancies may be filled by appointment and selection by the mayor and councilmen in case of vacancies in the council, and by the councilmen in case of a vacancy in the office of mayor; any persons so elected shall be duly qualified to fill such vacancies. Election. Term. Oath. Vacancy. Section 3. Be it further enacted, That all elections held under this charter, and all elections in which any subject or question is submitted to the qualified voters of said town of Camak, shall be managed by a justice of the peace, or some other judicial officer, and two free-holders, who are citizens

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of said town and own real estate therein; or by three free holders, all of whom shall be citizens of said town and own real estate therein; and said managers before entering on their duties shall take and subscribe before some justice of the peace, or some other officer qualified to administer oaths, or before each other the following oath: That each of us do swear that we will faithfully and impartially conduct this election and prevent all illegal voting, and prevent no one from voting who is entitled to do so according to law, to the best of our skill and power, so help me God. Said manager shall keep, or cause to be kept, copies of two lists of voters and two tally sheets. All elections shall be held at the council room in said town and the voting shall be by ballot. The polls shall be opened at nine o'clock A. M. and close at four o'clock P. M. Persons receiving the highest number of votes for the respective offices shall be elected. The managers of all elections held under the provisions of this charter shall be appointed by the mayor and councilmen. The mayor and councilmen shall determine and provide for the pay of the managers, and of any clerks that may be necessary for the holding of the election. Management. Oath. Voters' lists. Polls, opening and closing. Approved February 13, 1941. CAMILLA ZONING AND PLANNING. No. 167. An Act Relating to the City of Camilla, Georgia, to authorize the Mayor and Council of said City to pass zoning and planning laws whereby said City of Camilla may be zoned and districted for various uses and other or or different uses prohibited therein; to regulate the use or uses for which said zones or districts may be set apart; to regulate the plans for the developments and improvements of the real estate therein; to provide for a referendum, and for other purposes.

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Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same that: Section 1. The City of Camilla, Georgia, through its Mayor and Council is authorized: to pass laws or ordinances whereby said City of Camilla, Georgia, may be zoned or districted for various uses and other or different uses prohibited therein; to regulate by laws or ordinances the use or uses for which said zones or districts may be set apart, and to further regulate by laws or ordinances the plans for the development and improvement of the real estate therein. Zoning. Section 2. The authority hereby given to the City of Camilla, Georgia, acting through its Mayor and Council to pass zoning and planning laws is that provided in Article 3, Section 7, Paragraph 26, of the Constitution of Georgia. Constitutionality. Section 3. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 12, 1941. CANTON BOARD OF EDUCATION. No. 147. An Act to amend the Charter of the Town of Canton in the County of Cherokee, approved July 31, 1918, and An Act approved August 12, 1904, and subsequent acts, creating and establishing the public school system for said Town of Canton and providing the number, manner of election, and terms of office of the members of the board of education for said public school system and for other purposes. Section 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 July 31, 1918, amending

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the act creating and establishing the public school system of the Town of Canton, be and the same is hereby repealed, and that hereafter the Board of Education of the town of Canton will consist of five members, instead of six and that the member that was elected as the sixth member, putting into effect the Act approved July 31, 1918, be dropped from said Board at the first meeting of the council of said Town of Canton, after the passage and approval of this Act. Act of 1918 repealed. Five members Section 2. Be it further enacted that all laws and parts of laws now in conflict with this Act be and the same are hereby repealed. Aproved March 10, 1941. CANTON CHARTER AMENDMENT. No. 58. An Act to amend the act creating a new Charter for the Town of Canton (Ga. Laws 1922, pp. 604, 627), by changing the name and official designation of said municipality from Town of Canton to City of Canton; to repeal conflicting laws; and for other purposes. Be it and it is hereby enacted by the General Assembly of Georgia. Section 1. That the act of 1922, (Ga. Laws 1922 pp. 604, 627), creating a new Charter for the Town of Canton be and the same is hereby amended by striking and repealing the words Town of Canton in lines ten and eleven of Section 1 of said act and inserting in lieu thereof the words City of Canton; and by striking and repealing the words Town of Canton wherever the same appear throughout said act and inserting in lieu thereof the words City of Canton. Act of 1922 amended. Name changed. Section 2. The purpose and intent of this act is to change

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the name of the Town of Canton from Town of Canton to City of Canton. Intention. Section 3. All laws and parts of laws in conflict with this act are hereby repealed. Approved February 18, 1941. CANTON ZONING AND PLANNING. No. 149. An Act to amend an Act establishing a new charter for the City of Canton, approved July 26th, 1922, and the several Acts Amendatory thereof; to provide power and authority for the enactment and passage of Zoning and Planning Laws and Ordinances, regulating buildings and the use of property for buildings or other uses; and to give authority to the Mayor and Council of the City of Canton to create and provide zones and districts for various uses, and to prohibit other or different uses therein; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that the Act of July 26th, 1922, granting a new charter to the City of Canton, and the several Acts amendatory thereof, be and the same are hereby amended as follows: Act of 1922 amended. Section 1. The Mayor and Council of the City of Canton are hereby authorized to pass zoning and planning laws whereby the said city may be zoned, or districted for various uses, and other or different uses prohibited therein, and to regulate the use for which said zones or districts may be set apart and to regulate the plans for development and improvement of real estate in said city. Zoning. Section 2. Be it further enacted that the mayor and council of said city may, in the interest of public health, safety,

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order, convenience, comfort, prosperity, or the general welfare of the citizens of said city, adopt by ordinances a plan or plans for the districting or zoning of the city for the purpose of regulating the location of trades, industries, apartment houses, dwellings or other uses of property, or for the purpose of regulating the height of the buildings or other structres or for the purpose of regulating the alignment of buildings or other structures near street frontages. The zoning and districting regulations may be based upon any one or more of the purposes above set out. The city may be divided into such number of zones or districts and such districts may be of such shape and area as the said mayor and council shall deem best suited to accomplish the purposes of the zoning regulations. In the determination and establishment of districts and regulations, classification may be based upon the nature or character of the trade, industry, profession, or other activities conduced 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. Regulation. Use. Section 3. Be it further enacted that for the reasons above stated, the said mayor and council shall have the further right, and power, in any district 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 similar regulations and restrictions as shall secure the peace, and good order of the city and the residents thereof. Classification of residents. Section 4. Be it further enacted that the said mayor and council may zone or district all or any part of the area of said city and may, from time to time, enlarge the zoned or

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districted area, and may from time to time, enlarge, diminish or modify the area of any zone or district, and may change, modify or repeal any regulation or restriction relating to said zones, may create new zones and change or modify the boundaries of zones theretofore established. Re-zoning. Section 5. Be it further enacted that the mayor and council of said city may, in their discretion, appoint a commission to be known as a planning commission to recommend to the mayor and councilmen of the city the boundaries of the various zones or districts to be laid out, and to recommend the adoption of appropriate regulations and restrictions and restrictions to apply to the lands, buildings and structures in said zones. This acts of such commission shall be advisory, only, and they shall receive such compensation for their services as the mayor and council shall determine. Planning commission. Section 6. Be it further enacted that for any or all of the purposes mentioned in this Act, the mayor and council of said city may divide the city into districts of such number, shape and area as may be best suited to carry out the purposes of this Act; and within such districts may regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of buildings, structures or land. Districts. Section 7. Be it further enacted that no regulation, restriction or zone boundary shall become effective until after a public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard. At least ten (10) days notice of the time and place of such hearing shall be published in a newspaper of general circulation in said city, which notice shall be deemed conclusive upon all parties at interest. Hearing. Notice. Section 8. Be it further enacted that all resolutions or ordinances passed under this Act, or to carry out the provisions hereof may be passed after one reading before the mayor and council of said city. Reading.

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Section 9. Be it further enacted that the mayor and council of said city may provide by ordinance for the enforcement of this Act and of any ordinance or resolution made thereunder, and provide for punishment by fine and imprisonment, either or both, for violations of any such ordinance passed pursuant to this Act in addition to the provisions now in force for enforcement of ordinances. Said mayor and council may also provide civil penalties for such violation. Punishment for violation. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure or land is used in violation of this Act or of any resolution, ordinance or other regulation made under authority hereby conferred, the mayor and council of said city, in the name and behalf of said city, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises. Injunction. Section 10. Be it further enacted by the authority aforesaid that in case any section, paragraph, sentence, clause, or part of this Act should be declared to be illegal, void or unconstitutional, the illegality, invalidity, and unconstitutionality of such section, paragraph, sentence, clause or part shall not affect the remaining provisions of this Act. Constitutionality. Section 11. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Repealing clause. Approved March 10, 1941.

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CANTON ZONING AND PLANNING. No. 136. An Act to amend an Act establishing a new charter for the City of Canton, approved July 26th, 1922, and the several Acts Amendatory thereof; to provide power and authority for the enactment and passage of Zoning and Planning Laws and Ordinances, regulating buildings and the use of property for buildings or other uses; and to give authority to the Mayor and Council of the City of Canton to create and provide zones and districts for various uses, and to prohibit other or different uses therein; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that the Act of July 26th, 1922, granting a new charter to the City of Canton, and the several Acts amendatory thereof, be and the same are hereby amended as follows: Act of 1922 amended. Section 1. The Mayor and Council of the City of Canton are hereby authorized to pass zoning and planning laws whereby the said city may be zoned, or districted for various uses, and other or different uses prohibited therein, and to regulate the use for which said zones or districts may be set apart and to regulate the plans for development and improvement of real estate in said city. Zoning. Section 2. Be it further enacted that the mayor and council of said city may, in the interest of public health, safety, order, convenience, comfort, prosperity, or the general welfare of the citizens of said city, adopt by 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 purpose of regulating the alignment of buildings or other structures near street frontages.

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The zoning and districting regulations may be based upon any one or more of the purposes above set out. The city may be divided into such number of zones or districts and such districts may be of such shape and area as the said mayor and council shall deem best suited to accomplish the purposes of the zoning regulations. In the determination and establishment of districts and regulations, classification may be based upon the nature or character of the trade, industry, profession, or other activities 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. Regulation. Use. Section 3. Be is further enacted that for the reasons above stated, the said mayor and council shall have the further right, and power, in any district 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 similar regulations and restrictions as shall secure the peace, and good order of the city and the residents thereof. Classification. Section 4. Be it further enacted that the said mayor and council may zone or district all or any part of the area of said city and may, from time time, enlarge the zoned or districted area, and may from time to time, enlarge, diminish or modify the area of any zone or district, and may change, modify or repeal any regulation or restriction relating to said zones, may create new zones and change or modify the boundaries of zones therefore established. Re-zoning. Section 5. Be it further enacted that the mayor and council of said city may, in their discretion, appoint a commission to be known as a planning commission to recommend

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to the mayor and councilmen of the city boundaries of the various zones or districts to be laid out, and to recommend the adoption of appropriate regulations and restrictions to apply to the lands, buildings and structures in said zones. The acts of such commission shall be advisory, only, and they shall receive such compensation for their services as the mayor and council shall determine. Planning commission. Section 6. Be it further enacted that for any or all of the purposes mentioned in this Act, the mayor and council of said city may divide the city into districts of such number, shape and area as may be best suited to carry out the purposes of this Act; and within such districts may regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of buildings, structures or land. Districts. Section 7. Be it further enacted that no regulation, restriction or zone boundary shall become effective until after a public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard. At least 10 (10) days notice of the time and place of such hearing shall be published in a newspaper of general circulation in said city, which notice shall be deemed conclusive upon all parties at interest. Hearing. Notice. Section 8. Be it further enacted that all resolutions or ordinances passed under this Act, or to carrying out the provisions hereof may be passed after one reading before the mayor and council of said city. Reading. Section 9. Be it further enacted that the mayor and council of said city may provide by ordinance for the enforcement of this Act and of any ordinance or resolution made thereunder, and provide for punishment by fine and imprisonment, either or both, for violations of any such ordinance passed pursuant to this Act in addition to the provisions now in force for enforcement of ordinances. Said mayor and council may also provide civil penalties for such violation. Punishment.

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In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure or land is used in violation of this Act or of any resolution, ordinance or other regulation made under authority hereby conferred, the mayor and council of said city, in the name and behalf of said city, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal Act, conduct, business or use in or about such premises. Injunction. Section 10. Be it further enacted by the authority aforesaid that in case any section, paragraph, sentence, clause, or part of this Act should be declared to be illegal, void or unconstitutional, the illegality, invalidity, and unconstitutionality of such section, paragraph, sentence, clause or part shall not effect the remaining provisions of this Act. Constitutionality. Section 11. Be it further enacted by the authority aforesaid that all laws and parts of laws inconflict with this Act be, and the same are hereby repealed. Repealing clause. Approved March 6, 1941. CHIPLEY ELECTIONS. No. 91. An Act To amend an Act creating and establishing the town of Chipley, Harris County, State of Georgia, approved December 9, 1882 and the act amending said Section 3 of said original act approved October 6, 1885 by striking all of said Section 3 so amending and substituting in lieu thereof a Section to be known as Section 3 relating to the time and manner of electing a mayor, five (5) councilmen and a recorder and fixing their terms of office and

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also fixing who shall be qualified to vote in elections: and also to add a new Section to said charter to be known as Section 3 A providing for the registration of voters in election in said town for the repealing of all laws in conflict and for other purposes. Section 1. Be enacted by the General Assembly of the State of Georgia and is hereby enacted by the Authority of same that all of Section 3 of original Act creating the town of Chipley, Georgia approved December 9, 1892 and as amended by an act approved October 6, 1895 be and the same is hereby repealed, and in lieu thereof the following is substituted and known as Section 3; Acts amended. Section 3, Be it enacted that an election shall be held on the 3rd Wednesday in March 1942 and on the 4th Wednesday in said month each year thereafter, for a Mayor five (5) Councilmen and a recorder. At the first election the Mayor and two (2) Councilmen shall be elected for a term of two (2) years or until their successors are elected and qualified and three (3) Councilmen and a recorder shall be elected for a term of one (1) year. Thereafter the Mayor and each Councilmen and Recorder shall be elected for a term of two (2) years each or until there successors are elected and qualified. Election dates. Terms. (a) All inhabitants of said town of the age of twenty-one (21) years who have resided in the corporate limits of said town for six (6) months previous to the day of the election and who have paid all taxes required of them by said town and who have registered in accordance with the laws and regulations of said town shall be eligible to vote in said election. Voters, qualifications. Section 3A. Be it further enacted by the authority aforesaid that the Recorder shall open a book for registration for voters and keep the voters book open for registration at any and all time when his office is open for payment of taxes or other business. There shall be kept in a separate

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book, a separate list of white and colored voters. In which book shall be subscribed the name of the person entitled to vote in said town, his or her age, and place of residence and occupation. Said Recorder must not permit anyone to register who is not entitle to do so, and if he does knowingly he shall be discharged from his office. The voters book and registration shall be closed for regular election for town officers ten (10) days prior thereto of each year. And no person shall be permitted to vote in the regular election unless his or her name appears on the registration list and voters book and it shall be the duty of the Recorder to furnish to the pole holders a certified list of all duly and legally registered voters within the town limits of said town on or before the day of an election. It shall be the duty of the Recorder to check the voters list from time to time and upon finding the name of any voter who has become disqualified by failure to pay taxes due said town or who has moved from the town limits or who has failed to comply with any other requirements of said town in the registration of the voter shall notify such voter that he is disqualified and giving the reason why he is disqualified at least ten (10) days before the closing of the registration book. Registration. Separate books. Closing. Taxes, failure to pay. Notice of disqualification. Be it enacted that all laws and parts of laws that are in conflict this Act be and the same are hereby repealed. Repealing clause. Approved February 26, 1941. COLLEGE PARK CHARTER AMENDMENTS. No. 107. An Act To amend an Act entitled An Act to repeal all laws, and amendments to laws heretofore passed, incorporating the City of Manchester; to provide for incorporating said City under the name of College Park, etc., and for other purposes, approved December 16, 1895, and all amendments

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thereto, so as to provide for assessment and collection of sanitary taxes; to provide for amounts of salaries of Mayor and Councilmen of said City; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that the Charter of Mayor and Council of the City of College Park, as contained in An Act to repeal all laws, and amendments to laws heretofore passed incorporating the City of Manchester; to provide for incorporating said City under the name of College Park, etc., and for other purposes, approved December 16, 1895, and all amendments thereto, be, and the same is hereby, amended as follows: Act of 1895 amended. Section I. Be it enacted by the authority aforesaid that Section 3 of the Act amending the Charter of the City of College Park, approved August 2, 1924 (Ga. Laws 1924, page 511), relating to assessment of sanitary tax, be, and the same is hereby, repealed. Repeal of Sec. 3. Section II. Be it enacted by the authority aforesaid that, beginning with and including the year 1941, the Mayor and Council of the City of College Park shall have the power and authority to assess, levy and collect annual sanitary taxes in such amount or amounts, and based upon and in accordance with such classification of property and/or sanitary service or services provided, as may be fixed by ordinance of said City; which sanitary taxes and the assessment thereof shall be a charge and lien against the real estate in respect of which said taxes are so assessed, and the owner or owners thereof, superior to all other liens except liens for taxes or other assessments; and said Mayor and Council shall have the power and authority to enforce the collection of any assessment so made by execution to be issued by the City Clerk against the real estate and against the owners thereof, for the amount so assessed, which execution shall be levied and the property advertised and sold

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in the same manner and with the same effect as tax executions are now levied and property sold thereunder, by said City of College Park. Sanitary tax. Classification of property. Lien. Execution. Advertising sale. Section III. The salary of the Mayor of the City of College Park shall be Twelve Hundred ($1200.00) Dollars per annum, payable monthly in equal installments; the salary of each Councilman of said City shall be Six Hundred ($600.00) Dollars per annum, payable monthly in equal installments; said salares to be payable beginning with the first day of the calendar month next succeeding the date of the passage and approval of this Act. Mayor and councilman, salaries. Section IV. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 26, 1941. COLQUITT LIVESTOCK CONTROL. No. 469. An Act to prohibit livestock running at large within the corporate limits of the City of Colquitt, Miller County, Georgia; to provide for the impounding of said livestock; to provide regulations, procedures and changes relative to the impounding and sale thereof; to provide duties; to repeal conflicting city ordinances and State Laws; and for other purposes. Be it enacted by the General Assembly of Georgia. Section 1. From and after the passage of this Act it shall be unlawful for any hog, cattle, horse, mule, ass, sheep, or goat to run at large within the corporate limits of the City of Colquitt, located in Miller County, Georgia. Animals running at large. Section 2. That all of said animals enumerated in Section 1 found running at large in the City of Colquitt may be impounded; provided, however, the fee for impounding

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a hog, sheep or goat shall not exceed five (5c) cents, and provided, that the fee for impounding cattle, horse, mule and ass shall not exceed ten (10c) cents. Provided further that no bill for feeding such impounded animals shall be allowed until a period of one (1) day has elapsed from the date said animal was impounded. Provided further that after the expiration of one (1) day not more than ten (10c) cents per day be charged for feeding any hog, sheep or goat and not more than fifteen (15c) per day shall be charged for feeding any cattle, horse, mule, ass which have been impounded. Impounding, fees. Feed bill. Section 3. Any animal impounded by the said authorities of Colquitt may be sold as may be provided by ordinance of said city, but any sale of any impounded animal must be advertised for a period of not less than ten (10) days by placing notice of such sale upon the bulletin board at the Courthouse and also in at least three (3) other conspicuous places on the Courthouse square in the City of Colquitt. Sale, advertising. Section 4. All sales for impounded animals in the City of Colquitt shall be held only on Saturday afternoon between the hours of three and four o'clock and the said sales shall be held in front of the Courthouse door in the City of Colquitt. Provided, that the impounded animals which are to be offered for sale must be present in front of the Courthouse at the time when sold so that they may be examined by the public. Provided also that no official or employee of the City of Coluqitt shall be allowed to bid or to buy impounded animals at such sales in his own right but such officials or employees of the City of Colquitt may bid at such sales and buy such impounded animals in the name of and for the City of Colquitt, Georgia, provided that no official or employee shall bid more than the amount of money involved in the impounding fee and feed bill for any such impounded animal. Provided further that all money derived from such sales in excess of the impounding

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fee and feed bill shall be placed in a special fund, to be there kept, and paid to the owner of such stock, provided that he claims the same within a period of twelve (12) months from the date of such sale and provided further that if said fund is not claimed by the owner of such stock at the expiration of twelve (12) months from the date of such sale, then these funds shall become a part of the general fund of the City of Colquitt, Georgia. Sale, when and where held. Bidders. Fund. Claims. Section 5. Within twenty-four (24) hours from the date any animal described in this Act is impounded for running at large in the City of Colquitt, the said animal must be registered by the official or employee impounding the same with the City Clerk, in a book to be kept by the said City Clerk for that purpose, and there shall be entered by the Clerk a full and complete description of the animal so impounded, including the size, mark, brand, approximate weight, and color of the impounded animal. Such official or employee as may conduct sale of any animal described in this Act shall report said sale to the Clerk of the City of Colquitt and the said City Clerk shall record such sale, the amount such animal brought at the sale, the proper description of the animal sold, the date of the sale and the person to whom the sale was made, in a book to be kept by him for this purpose as a permanent record. Provided that any sale of impounded livestock in the City of Colquitt, not held in conformity with the terms of this act shall be void. Registration. Description. Sale, record. Section 6. This Act shall not become effective until the full text of the same has appeared in the newspaper in which the Sheriff of Miller County, Georgia, regularly advertises his sales for at least one (1) issue. Advertisement of act. Section 7. If any part of this Act should be declared invalid by a court of competent jurisdiction such fact shall not invalidate the remaining part of this Act. Constitutionality. Section 8. All resolutions, by-laws, or ordinances of the

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City of Colquitt in force at the time of the passage of this Act or which may be passed or adopted by the Mayor and Council of said City of Colquitt subsequent to the passage of this Act which are in conflict with any provision hereof be and the same are hereby repealed and declared to be wholly null and void. Repealing clause. Section 9. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Same. Approved March 27, 1941. COLUMBUS AD VALOREM TAX. No. 74. An Act To amend the charter of the City of Columbus, Georgia, as amended by the Act of the General Assembly of Georgia approved February 7, 1938, entitled An Act to amend the charter of the City of Columbus, Georgia, as amended by the Act of the General Assembly of Georgia approved July 31, 1923, entitled `An Act to amend the charter of the City of Columbus so as to confer power and authority upon said city to levy and collect for the purpose of paying the ordinary current expenses of said city an ad valorem tax upon all property located within the said city, subject to taxation, not exceeding seven mills, and for other purposes,' this amendment conferring power and authority upon said city to levy and collect, for the purpose of paying the ordinary current expenses of said city, an ad valorem tax upon all property within said city, subject to taxation, of not exceeding eight (8) mills upon the value of said property for the years 1938, 1939 and 1940, and an ad valorem tax, for such purpose, of not exceeding seven (7) mills annually thereafter; and for other purposes, this following amendment conferring power and authority upon said city to levy and collect, for the purpose of paying the ordinary

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current expenses of said city, an ad valorem tax upon all property within said city, subject to taxation, of not exceeding nine (9) mills upon the value of said property for the years 1941, 1942, 1943, 1944 and 1945, and an ad valorem tax, for such purposes, of not exceeding eight (8) mills annually thereafter; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. That the charter of the City of Columbus, Georgia, (approved November 29, 1890), as amended by said Act of the General Assembly of Georgia approved February 7, 1938, be, and it is, hereby amended by striking all of the second paragraph of Section 1 of said Act approved February 7, 1938, which paragraph relates to and authorizes the levy and collection of taxes to pay the ordinary current expenses of said city, and is known as Section XV.A2 of said charter approved November 29, 1890, and enacting in lieu of said paragraph so stricken a new paragraph, to be known as Section XV.A2 of said charter approved November 29, 1890, and to read as follows: Act of 1890 amended. Section XV.A2. That for the purpose of paying the ordinary current expenses of the City of Columbus, Georgia, as such term `ordinary current expenses' is defined in Section 924102 of the Georgia Code of 1933, said city is hereby empowered and authorized to levy and collect, under new ordinance or by amendment to existing ordinance, an ad valorem tax upon all property within said city, subject to taxation under the laws of Georgia, said levy not to exceed nine (9) mills upon the value of said property for each of the years 1941, 1942, 1943, 1944 and 1945, and an ad valorem tax, for such purposes, not to exceed eight (8) mills annually thereafter. Section amended.

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Section 2. That all laws or parts of laws plainly in conflict herewith are hereby repealed; but all powers of taxation granted said city under its own charter or under the general laws of the State, and not specifically limited hereby, are preserved. Repealing clause. Approved February 24, 1941. COLUMBUS CITY HOSPITAL ADDITIONAL AUTHORITY. No. 246. An Act To amend an Act, approved August 13, 1915, entitled An Act to amend the charter of the City of Columbus, in Muscogee County, so as to confer full power and authority upon said city to own, maintain and operate a hospital; to prescribe rules and regulations for the government thereof; to receive donations and to make appropriations of money for its maintenance, and to employ such agents and servants as may be necessary in operating the same; to charge such fees to patients using the same as may be deemed appropriate and proper; to employ and apprentice nurses therein, and award diplomas to such nurses as may be deemed worthy to receive the same; to elect a board of managers therefor to whom the mayor and board of aldermen may delegate such power and authority as may be deemed advisable to manage and control said hospital; and to exercise such power and authority generally to carry into effect the scope and purpose of a well-governed hospital, and for other purposes; the purpose of this amendment being to authorize the Board of Managers of the City Hospital of said city to sell and transfer, and to invest and reinvest the proceeds of, without order of court, any bonds, corporate stocks, and other securities in the custody or control of

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said board which have been donated to or received by said board or said city for the benefit of said hospital or its patrons; and for other purposes. Section 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 said General Assembly approved August 13, 1915, (Georgia Laws 1915, page 567) entitled An Act to amend the charter of the City of Columbus, in Muscogee County, so as to confer full power and authority upon said city to own, maintain and operate a hospital; to prescribe rules and regulations for the government thereof; to receive donations and to make appropriations of money for its maintenance, and to employ such agents and servants as may be necessary in operating the same; to charge such fees to patients using the same as may be deemed appropriate and proper; to employ and apprentice nurses therein, and award diplomas to such nurses as may be deemed worthy to receive the same; to elect a board of managers therefor to whom the mayor and board of aldermen may delegate such power and authority as may be deemed advisable to manage and control said hospital; and to exercise such power and authority generally to carry into effect the scope and purpose of a well-governed hospital, and for other purposes, be, and it is, hereby amended by adding thereto two new sections to be known as Section 6 and section 7, and to read as follows: Act of 1915 amended. Operation. ownership. Fees. Nurses, diplomas. Section 6. Be it further enacted, That when the Board of Managers of the City Hospital of the City of Columbus provided for under this act has in its custody or control any bonds, corporate stocks or other securities which have been donated to or received by said board or said city for the benefit of said hospital or its patrons, said board may, in its discretion, and in order to carry out the purposes for which said donations are made, sell and transfer said bonds, stocks and other securities, at either public or private sale, with or without notice or advertisement, and may invest and

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reinvest the proceeds, all without order of Court. The power here granted shall apply to bonds, corporate stocks and other securities now or hereafter in the custody or control of said board. Donations heretofore or hereafter made to trustees for said city hospital, or made directly to said city hospital, shall be construed as being made to said Board of Managers. Bonds, stocks, securities. Sale, transfer. Section 7. Be it further enacted, That before any sales or transfers, investments or reinvestments of the proceeds of, bonds, corporate stocks or securities are made by said Board of Managers, a resolution providing therefor shall be adopted by majority vote of said board at a regular meeting. Construction of gift clauses. Resolution. Where stock or other securities stand in the names of the individual members of the board, such members (or their successors) shall sign all transfers. Where stocks or other securities are in the name of the board without giving the names of the individual members, transfers shall be in the name of the board by its chairman and secretary. The official seal of the city may be affixed by the secretary of the board to all instruments and resolutions provided for hereby, and when so affixed shall be sufficient evidence of the proper execution of such instruments and adoption of such resolutions. Transfer. The powers granted said board by this and the foregoing section shall be liberally construed. Construction. Section 2. Be it further enacted, That all laws or parts of laws in conflict herewith are hereby repealed. Repealing clause. Approved March 24, 1941.

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COLUMBUSERECTION OF PASSENGER STATION. No. 249. An Act Granting express authority to the City of Columbus to erect and maintain a public passenger station, with rest rooms, between the two roadways on Broadway between Eleventh Street and Twelfth Street in said city, in lieu of the present transfer station now on Broadway immediately south of Twelfth Street; authorizing the city to enter into agreements with other persons or corporations for the use and operation of such passenger station and rest rooms, for the benefit of the public; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that express authority is hereby granted to the City of Columbus, Georgia, to erect and maintain a public passenger station, with rest rooms, between the two roadways on Broadway between Eleventh Street and Twelfth Street in said city, in lieu of the present transfer station now on Broadway immediately south of Twelfth Street; the size, plans and specifications, and exact location of the structure here authorized to be such as may be determined by the Commission of the City of Columbus. Said city, through said Commission, is further authorized to enter into agreements with other persons or corporations for the use and operation of such passenger station and rest rooms by such persons or corporations, for the benefit of the public, and to adopt any and all ordinances and resolutions which said Commission deems necessary to carry into effect the general purpose of this Act. The authority and discretion here granted said city and Commission are to be liberally construed. Authority. Location. Use and operation. Construction.

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Section 2. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict herewith be, and they are, hereby repealed. Repealing clause. Approved March 24, 1941. COLUMBUSOPERATION OF PASSENGER STATION. No. 250. An Act amending an Act approved August 4, 1917, entitled An Act to grant to Rankin Realty Company and other realty owners in the City of Columbus who may desire to associate themselves together for that purpose, or to such corporation or body as may hereafter be formed for that purpose, the right to erect, at their own expense, in the center of Broad Street, in front (or near the front) of the Rankin House, in said city, for the use of the entire public, a passenger-station or rest-room, of brick or other fireproof material, to cost not less than the sum of $6,000.00; said building to be erected under the supervision of the municipal authorities of said city; and to confirm the grant of permission for above purposes, made by the mayor and board of aldermen of said City of Columbus, to such persons, on June 6, 1917; and for other purposes, this amendment striking from said original Act the proviso that the City of Columbus shall not incur any expense in the lighting, heating, or maintenance of said building; providing that should Rankin Realty Company and its associates discontinue the operation or maintenance of said building as a passenger station or rest room for the use of the general public, the City of Columbus may take possession of said building and operate and maintain the same, directly or through other persons, as a passenger station or rest room for the use of the general public; authorizing the enactment

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by said city of any and all ordinances and resolutions and the execution of any agreements necessary to carry any provisions of this Act into effect; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the certain Act of the General Assembly of Georgia approved August 4, 1917, entitled An Act to grant to Rankin Realty Company and other realty owners in the City of Columbus who may desire to associate themselves together for that purpose, or to such corporation or body as may hereafter be formed for that purpose, the right to erect, at their own expense, in the center of Broad Street, in front (or near the front) of the Rankin House, in said city, for the use of the entire public, a passenger-station or rest-room, of brick or other fireproof material, to cost not less than the sum of $6,000.00; said building to be erected under the supervision of the municipal authorities of said city; and to confirm the grant of permission for above purposes, made by the mayor and board of aldermen of said City of Columbus, to such persons, on June 6, 1917; and for other purposes, be, and it is, hereby amended by striking from Section 1 of said original Act the words provided that the City of Columbus shall not incur any expense in the lighting, heating, or maintenance of said building, so that said section as thus amended shall read as follows: Act of 1917 amended. Cost. Supervision of erection. Proviso. Section 1. That the State of Georgia, as the owner of the fee in the streets of the City of Columbus, hereby grants to Rankin Realty Company, a corporation, and such other realty owners in the City of Columbus, Georgia, who may desire to associate themselves together for that purpose, or to such corporation or body as may hereafter be formed for that purpose, the right to erect, at their own expense, in the center of Broad Street, in front (or near the front) of the Rankin House, in said city, for the use of the general public, a passenger-station or rest-room, of

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brick or other fireproof material, to cost not less than the sum of $6,000.00; said building to be erected under the supervision of the municipal authorities of said city; and the grant of permission for this purpose made by the mayor and board of aldermen of said City of Columbus, on June 6, 1917, be and the same is hereby approved and confirmed. Right to erect. Cost. Section 2. Be it further enacted by the authority aforesaid, that said Act of August 4, 1917, be, and it is, further amended by adding thereto a new section, to be known as Section 3, and to read as follows: Section 3. That should Rankin Realty Company and its associates discontinue the operation or maintenance of said building as a passenger-station or rest-room for the use of the general public, the City of Columbus may take possession of said building and operate and maintain the same, directly or through other persons, as a passenger station or rest-room for the use of the general public, said city making such appropriations for lighting, heating and operating said building as the Commission of the City of Columbus shall deem to the public interest. Said commission is hereby authorized to enact such ordinances and resolutions and provide for the execution of such agreements as may be necessary to carry the provisions of this Act into effect. Right of city to possession. Ordinances and resolutions. Section 3. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict herewith are hereby repealed. Repealing clause. Approved March 24, 1941. COLUMBUS RETIREMENT PENSIONS. No. 248. An Act Amending the Charter of the City of Columbus, Georgia, so as to empower said city to grant pensions and

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retirement benefits to officers and employees of said city, with certain exceptions and subject to certain conditions; to provide for the maintenance of a fund from which such pensions and benefits shall be paid; to provide for contribution to said fund by said city, said officers and employees; to provide how and by whom said fund shall be handled and said pensions and benefits shall be paid; to provide that said fund and said pensions and benefits shall at no time be subject to garnishment, attachment or judgment, nor be assignable by beneficiaries; to provide that said city shall have full power to adopt all ordinances to regulate and make such system of pensions and benefits effective; to provide when certain existing powers of the city relating to pensions shall become inoperative; and for 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 City of Columbus is hereby authorized to provide a system of pensions and retirement benefits for its officers and employes, and to that end to establish and maintain a pension and retirement fund, hereinafter known as the fund, which fund is to be made up of amounts to be deducted from the salaries of such officers and employes, together with appropriations to said fund made by the city, which said appropriations are hereby authorized. In providing by ordinances for the operation of said pension and benefit system, the Commission of the City of Columbus may, in its discretion, make the system applicable to some departments or classes of officers and employes and not to others, but the rate of contribution to said fund by officers or employes of the same class shall be uniform. Fund. Deductions. Classification of employees. Section 2. Be it further enacted by the authority aforesaid, that the fund herein authorized shall be a trust fund, and officers and employees of the city contributing thereto under ordinances to be adopted shall have vested interests in said fund. The fund shall be administered by a board of

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trustees, to be named by the Commission of the City of Columbus, the number of trustees, their qualifications, terms of office and duties to be such as may be fixed by said Commission. In lieu of, or in conjunction with, a board of trustees, the Commission may, in its discretion, name as trustee for said fund a corporation, with its principal office in said city, authorized under the laws of Georgia to act as trustee. Said fund shall at all times be kept separate from any funds of any nature, and be plainly designated City of Columbus, Georgia, Pension and Retirement Fund. Said board of trustees, or trustee, shall, from time to time, invest and re-invest said fund in the class of securities which are legal investments for trustees under the laws of Georgia. Sales of said securities may be made by said board of trustees, or said trustee, at public or private sale, with or without notice, and without order of court. Trust fund. Board of trustees. Alternate. Securities. Section 3. Be it further enacted by the authority aforesaid, that in order to share in the pension or retirement benefits to be provided pursuant to this act, it is not necessary that an officer or employee have been or be in the service of the city for any particular length of time; but the amount to which an officer or employe shall be entitled under ordinances carrying this act into effect shall be on an actuarial reserve basis, and in accordance with the amounts of the contributions to the fund made by the particular officer or employe together with contributions to said fund by the city. Payment on actuarial basis. Section 4. Be it further enacted by the authority aforesaid, that the fund herein provided for shall not be subject to attachment, garnishment or judgment, nor shall the interest of any person in said fund be assignable. Exemption from process. Section 5. Be it further enacted by authority aforesaid, that the Commission of the City of Columbus is hereby authorized to determine the various types of pensions and benefits to be established and administered under this act;

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to employ an actuary to aid in such establishment; and to adopt, from time to time, all ordinances that said Commission deems necessary properly to establish, maintain and administer the powers herein granted, which said powers are to be liberally construed. Commission, powers. Section 6. Be it further enacted by the authority aforesaid, that when the Commission of the City of Columbus adopts an ordinance making the provisions of this Act applicable to any department or class of officers or employees of the city, then from the effective date of said ordinance the provisions of the Act of the General Assembly of Georgia approved March 24, 1937, (Georgia Laws 1937, page 1699) shall become inoperative as to such department or class. Provided, that it shall rest in the discretion of said Commission whether pensions theretofore granted under said Act of March 24, 1927, or prior acts, shall be continued or altered, though no person shall receive a pension or benefit under both this act and prior acts. Provided, further that the discretionary power in said Commission, contained in said Act of March 24, 1937, to grant a pension or other compensation to dependents of an officer or employee where such officer or employee loses his life or health as the result of injuries incurred on an occasion while actually engaged in the performance of duties with the city, shall not be affected by this Act. When effective. Approved March 24, 1941. COMMERCE BOWLING ALLEYS LICENSED. No. 166. An Act To amend an Act approved August 17, 1909 (Acts of 1909, Pages 655 to 709) incorporating the City of Commerce, in the County of Jackson, by authorizing the

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Mayor and Council of the City of Commerce to license the operation of box ball or bowling alleys within the limits of said city; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same: Section 1. Than an Act approved August 17, 1909 (Acts of 1909, pages 655 to 709) in corportaing the City of Commerce in the County of Jackson, be and the same is hereby amended by striking from Section 31 of said Act the words nor ten-pin alleys and by adding at the end of said section the language: Act of 1909 amended. and provided further that nothing herein shall prevent the Mayor and Council from granting licenses for the operation of box ball or bowling alleys within the incorporate limits of said City of Commerce; so that said Section as amended shall read as follows: Section 31. Be it enacted by the authority aforesaid, that it is hereby enacted by the same, that the Mayor and Council of the City of Commerce shall have sole power to grant licenses in said city and to fix the price of such licenses and the terms and regulations on which same may be granted; provided, however, that the Mayor and Council of the City of Commerce shall never have power to license the sale of spiritous malt, vinous, alcoholic or intoxicating liquors, or beers of any kind in the said City of Commerce, and provided, further, that the said Mayor and Council of the City of Commerce shall not have the right to grant licenses to any person or persons or corporations running billiard, bagatelle, or pool tables, or other tables of like character, nor licenses to pawnbrokers, within the incorporate limits of said City of Commerce; provided, further that nothing herein shall prevent the Mayor and Council

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from granting licenses for the operation of box ball or bowling alleys within the incorporate limits of said City of Commerce. Authority of council. Limitation. Section 2. That all laws or parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed. Repealing clause. Approved March 12, 1941. CORDELE ZONING AND PLANNING. No. 26. An Act To amend an Act, approved August 15, 1922, appearing on pages 680-719 of the published Acts of the General Assembly of Georgia of 1922 and captioned An Act to repeal the present charter of the City of Cordele; to provide a new charter for the City of Cordele etc., and Acts amendatory thereof, so as to vest in said City of Cordele, in addition to the powers and authorities heretofore conferred on it, authority to pass zoning and planning laws and ordinances whereby said City may be zoned for various uses and different uses, and regulating the uses for which zones or districts may be set apart, and regulating the plans for the development and improvement of real estate therein; 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 Cordele, approved August 15, 1922, appearing on pages 680-719 of the published Acts of the General Assembly of Georgia of 1922, and captioned An Act to repeal the present charter of the City of Cordele; to provide a new charter for the City of Cordele etc., and Acts amendatory thereof, be and the same is hereby amended as follows, to wit: Act of 1922 amended.

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Section 1. That the City Commission of the City of Cordele shall have power and authority to pass and enforce zoning and planning laws and ordinances whereby said City may be zoned for various uses and different uses, regulating the use for which said zones or districts may be set apart, fixed and established, and the manner in which the same shall be used and enjoyed by the owners of the 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 2. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Repealing clause. Approved February 13, 1941. COVINGTON CHARTER AMENDMENTS. No. 276. An Act to amend an act incorporating the City of Covington, approved August 16, 1918, 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, approved August 16, 1918, to provide a new charter for the City of Covington, in Newton County, be amended in the following particulars: Section 1. That Section 3 of said Act be and the same is hereby amended by striking the first sentence from said Section, which reads as follows: Sec. 3 amended. Be it further enacted, That on the third Monday in December of each year, after the passage of this Act, there shall be an election held at the courthouse in said city for

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three councilmen, biennially for a mayor and three councilmen, whose terms of office shall each be for two years. and inserting in lieu thereof the following provisions: That on Wednesday after the first Monday in December of each year, there shall be held in the Council Room in the City Hall in said City, a general election to fill vacancies in the offices of Mayor and Councilmen, whose terms of office shall be for two years. Any qualified person seeking election as Mayor or Councilman in such election shall file notice of his intention to be a candidate with the Clerk of Council at least two weeks prior to such election, before noon. Insertion. Section 2. On the day any election is held it shall be the duty of the Chief of Police to establish a point on each sidewalk and street not less than fifty (50) feet from the entrance to the City Hall. At such measured points distinct lines shall be painted or marked on the sidewalks or streets. It shall be unlawful for any person to distribute cards or other political literature or to solicit votes on the streets or sidewalks within said lines next to the voting or polling places. Regulation of distribution of literature. Any person guilty of violating the provisions of this section shall, upon conviction in the Recorder's Court, be fined in a sum of not more than fifty ($50.00) dollars or sentenced to the public works of the City for a term not exceeding twenty (20) days, either or both penalties to be imposed in the discretion of the Recorder. Punishment. Section 3. The Mayor and Council shall have power and authority to establish zoning regulations and to provide the use, height, area and construction of buildings or structures within said City; to provide plans for the future growth, development and improvement of the municipality, especially with regard to its public and private buildings, works, streets, parks, grounds and vacant lots, looking toward

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the proper sanitation and proper service by utilities; to make and adopt a master plan for all of the purposes of this Act, which shall provide for the comprehensive zoning of the City. Zoning. Section 4. 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 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 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 to the promotion of the public health, safety, order, morals, conveniences, prosperity or welfare. Plans. Zones. Classification. Section 5. 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 such other and similar regulations and restrictions as shall secure the peace and good order of the City and

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the residents thereof. No such ordinance or amendment thereto authorized herein shall be adopted except by twothirds vote of the Council. Two thirds vote. Section 6. No ordinance adopting zoning regulations as above authorized shall be passed by the Mayor and Council until after a comprehensive plan for the zoning of the City has been prepared and submitted to the Mayor and Council. Whenever such plan for the zoning of the City shall be certified to the Mayor and Council, the Mayor and Council shall hold a public hearing thereon, and shall give notice of the time and place thereof in a newspaper in general circulation in the City; and during said time of such plan and proposed ordinance shall be on file for public examination in the office of the City Clerk or any such other office as may be designated by the Mayor and Council. Hearing. Section 7. The Mayor and Council may from time to time amend or change the regulations or districts established by the zoning ordinance, but no such amendment or change shall become effective unless the ordinance proposing such amendment or change shall first be submitted to a committee of not less than three members of the Council, for approval or disapproval, and such committee shall have been allowed a reasonable time, not less than thirty days, for consideration and report. In case, however, of a protest against such change, signed by the owners of twenty (20%) per cent or more, either of the area of the lots included in such proposed change, or of those immediately adjacent in the rear thereof extending 150 feet therefrom, or of those directly opposite thereto extending 150 feet from the street frontage of such opposite lots, such amendment shall not become effective until passed by a three-fourths vote of the Mayor and Council. No ordinance, measure, or regulation which violates, differs or departs from a report submitted by the Committee shall take effect unless passed by a two-thirds vote of the Mayor and Council. The Mayor and Council shall provide for the manner

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of public notices by requiring the posting by the petitioner, or petitioners, of a reasonable placard or sign giving notice to the public of such proposed amendments. Amendment of zoning laws. Protest. Posting petition. Section 8. The Mayor and Council shall have power and authority to provide for the enforcement and administration of the zoning regulations established. They may create a Board of Zoning Appeals which board shall hear and decide appeals from and review any order, requirement, decision or determination made by the Inspector of Buildings in the enforcement of the zoning regulations. The Mayor and Council may authorize the Board of Zoning Appeals to administer the details of the application of any zoning regulation and may delegate to such Board, in accordance with general rules set forth in the zoning ordinances, power to permit exceptions to and variations from the zoning regulations, and to administer the zoning regulations as specified therein; or such other administrative powers and functions as may be delegated by the Mayor and Council, either in whole or in part to such Board of Zoning Appeals. Board of zoning appeals. Section 9. Every decision of the Board of Zoning Appeals shall be subject to writ of certiorari from the Superior Court upon the same terms as such writs are issued in any case. Certiorari. Section 10. No money shall be expended by the Mayor and Council during any year until a budget has been prepared and adopted, as herein provided. The budget shall include in its anticipations for the year a sum not to exceed the normal revenue collections by the City of Covington from all sources during the preceding year. The Council shall appropriate a sum sufficient to cover the debt service, including the sinking fund and interest on bonded indebtedness, which sum shall not be diverted to any other department or departments by the Mayor and Council during the year. Should the income of the City be decreased by law

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or otherwise, it shall be the duty of the Mayor and Council to immediately adjust its budget so as to comply with such decreased revenue. In the event of an increase in revenue, which increase has become definite and reasonably certain by an increase in tax rate or the schedule of charges for city services, the Mayor and Council may revise the budget accordingly and take such anticipated receipts into consideration in the budget. Budget, adoption of. Adjustment. Revision. Section 11. Should at any time during any year the expenditures exceed the revenue collected, and a deficit be created, it shall be the duty of the Mayor and Council, before appropriating any other sum for any other purpose, to appropriate a sufficient sum to immeliately discharge any such deficit which has accrued during the preceding year. Deficit. Section 12. The Mayor and the members of the Council shall be personally liable for any anticipation of receipts in excess of those herein provided for. The members of the Council may relieve themselves of such personal liability by voting against any budget carrying an excessive appropriation by recording his vote. The Mayor may relieve himself of any individual liability by vetoing such budget before passage. Personal liability. Section 13. After the budget has been adopted, the Mayor and Council may transfer or reallocate funds, with the exception of appropriations for debt services. Funds, transfer of. Section 14. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Repealing clause. Approved March 27, 1941.

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COVINGTON CITY MANAGERREFERENDUM. No. 281. An Act to amend the charter of the City of Covington approved August 16, 1918, and the amendatory Acts thereto; to provide for a commission form of government composed of three commissioners and a city manager in lieu of the present form of government by Mayor and Council; to declare the rights and powers of said government; to abolish the office of mayor and council as constituted under the present charter; to provide the method of election of said commissioners and city manager, and other officers and employees of the City of Covington; to provide for the appointment and removal from office of certain officers and employees of the City; to provide for referendum, recall and initiative elections; to provide for an election for the adoption or rejection of the provisions of this Act; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That: Section 1. The Act approved August 16, 1918, providing a new charter for the City of Covington, and all the amendatory Acts thereto, be and the same are hereby amended in the following particulars: All provisions of said charter creating a mayor and council in said Act and any Acts amendatory thereto are hereby expressly amended so that the offices of Mayor and Council in the City of Covington are hereby expressly abolished on and after January 1st of the year following the approval of this charter in a referendum election hereinafter provided for. Act of 1918 amended. Referendum. Section 2. In lieu of the mayor and council of said City of Covington, there is hereby created and established a commission of three citizens who shall be known as the board of commissioners of the City of Covington. Said board of commissioners are hereby given all rights, powers and authority

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heretofore vested in the mayor and council of the City of Covington, except as otherwise provided herein and except such rights and powers as are hereby otherwise delegated to the city manager hereinafter created and established. Commission. Powers. Section 3. The said commissioners shall be elected by the qualified voters of the city and shall be at least 25 years of age, citizens of the City of Covington for at least two years prior to the time of taking office, and shall be freeholders at the time of their election. Said commissioners shall serve without pay. Election, qualification. Section 4. At the regular referendum election there shall be elected three city commissioners who shall take office January 1 of the year following the approval of this Charter, when said Charter becomes effective, as hereinafter provided. The candidate receiving the highest number of votes shall be elected for a term of three years; the candidate receiving the next highest number of votes shall be elected for a term of two years, and the candidate receiving the third highest number of votes shall be elected for a term of one year. The candidate receiving the highest number of votes shall be chairman of the board of city commissioners for the first year. Thereafter, the members of the commission shall elect one of their members to serve as chairman for a period of one year. The commission shall elect one of their number as chairman pro tem. to perform all the duties of the chairman during his absence. In the event any two candidates receive the same number of votes, the board of commissioners shall elect a chairman. At the end of the first terms all city commissioners shall be elected for terms of office of three years' duration; said election shall be held as now provided by charter. Referendum election. Terms. Chairman. Chairman pro-tem. Section 5. Before assuming the duties of their office, the city commissioners shall take and subscribe the following oath: I do dolemnly swear that I will well and truly demean myself in the office to which I have been elected,

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to the best of my ability, and will faithfully and honestly account for and pay over all public moneys that may come into my hands during my term of office, and will otherwise faithfully discharge the duties of the office that may from time to time be required of me by the laws of Georgia and the ordinances of the City of Covington, so help me God. Oath. Section 6. The Commission shall elect and appoint a manager for said city within 30 days after their election and qualification and fix his salary, which salary shall not be more than three thousand ($3,000.00) dollars per annum, to be paid in monthly installments, which salary shall be fixed at the time of his election, but which may be changed at any time by the commission. Such manager shall be a male person and an American citizen not less than 25 years of age. Said manager shall be a man qualified to hold said position and shall be selected by the commission without regard as to residence or political affiliations. Said manager shall be required to execute a bond with some solvent surety company approved by the commission, as security for the faithful performance of his duties, in an amount as required by the commission, not less than ($10,000.00) dollars. The bond premium shall be paid out of the city treasury. Manager. Salary. Qualifications. Bond. Amount. Section 7. The city manager shall be the administrative head of the municipal government and shall be responsible for the efficient administration of all departments of the city. Administrative head. Section 8. No person who has served as mayor or councilman shall be eligible for the position of city manager until the expiration of two years from the time his term of office expired. Eligibility. Section 9. Be it further enacted, That the commissioners shall be eligible to hold office for as many terms as they may be elected to by the qualified voters of the city. Terms, re-election.

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Section 10. The commissioners shall fix the salaries of all the department heads of the city and shall appoint the city clerk, the recorder, and the city attorney. City employees' salaries and appointments. Section 11. The manager must devote all his working time and attention to the affairs of the city. He shall not be interested directly or indirectly in any business, person or persons contracting with or making sales to said municipal corporation. He shall have the appointment, subject to the confirmation by the commission, of all heads of departments of said city except the clerk, the recorder, and the city attorney. His appointment of employees below the grade of heads of departments shall not be subject to confirmation by the commission. He shall have the right to remove heads of departments and other employees (except the clerk, the recorder and the city attorney) without the consent of the commission and without assigning any reason therefor, except that in case he removes the head of any department he shall state to the commission in writing the cause of such removal. The manager shall be responsible for the efficiency of each department of the city government (except in the case of the clerk, the recorder, and the city attorney), and shall from day to day personally inspect the working of each department. He shall have an office at the city hall and shall keep his office open one hour each day (except Sundays and holidays) at an hour of the day to be fixed by him, during which said residents of the city shall be free to appear and make complaints against the operation of any department of the city government. He shall have charge of the purchase of all supplies and materials for the municipal corporation, but purchases exceeding one hundred ($100.00) dollars shall be approved by the commission and in case of all purchases in the above mentioned amount he shall obtain at least two competitive bids. The manager must at the first of each year submit to the commission for its consideration a budget of its proposed expenditures for that year, the probable revenue for that year

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and from what sources it is expected. He shall show in as much detail as practicable the amount allotted to each department of the city government and the reason for such estimated expenditure. No part of any amount allotted to any department shall be expended by the manager on account of any other department, except upon consent of the commission. All payments of city funds shall be made by vouchers issued under such conditions as the commission may prescribe. In addition to the above, the powers and duties of the city manager shall also be as follows: Full time. Disability. Department heads, appointment. Removal. Inspection. Office hours. Purchases. Budget. Allotment of funds. (a) To see that all laws and ordinances of the city are enforced. Duties. (b) To attend all meetings of the board, with a right to take part in discussions, but with no right to vote on propositions under consideration. (c) To recommend to the board of commissioners for adoption such matters as he may deem necessary and expedient. (d) To keep the board advised as to financial condition of the needs of the City. (e) To perform such other additional duties, not inconsistent with those named herein as the said board of commissioners may by ordinance or resolution prescribe. Section 12. The board of commissioners may require the city manager to go before them at any time and answer questions, either oral or in writing, and may require the said city manager to make any reports on any matter involving the city that they may deem proper, and said city manager shall report monthly to said board of commissioners his acts and doings and shall at regular stated intervals, at least quarterly, file with said board of commissioners full and complete reports of the various departments of the city. Manager, examination by commissioners. Reports. Section 13. The board of commissioners shall meet at

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least once a month at stated intervals and shall hold their meetings in public, except when they deem an executive session expedient. Said board shall keep reports on their meetings and shall record all their actions, the city clerk being named as the official secretary of the board and charged with the duty of attending and keeping the minutes of all meetings of said board. The board shall be required to meet in special session as often as any two commissioners or the chairman may request. All votes shall be taken by aye and nay votes and properly recorded in the minutes. Board meetings. Section 14. In case of a vacancy in the office of any commissioner the remaining commissioners shall elect a commissioner to fill such vacancy, to hold office until the next regular city election. Vacancy. Section 15. Be it further enacted by the authority aforesaid, That no candidate for commissioner shall, before his election, or in any party primary election, directly or indirectly promise to any person to appoint or vote for such person, or any other person, to any office, agency or employment in the government of said city. For a violation of this provision, said candidate making said promise, and the person exacting the same, shall forfeit his office and either or both shall, upon conviction, be punished as prescribed in Section 272506 of the Penal Code of Georgia of 1933, and upon the trial of any person for the violation of this section of this Act, both the candidate making the promise and the person exacting the same shall be a competent witness, one against the other, and shall be compelled to give evidence, and nothing then said by said witness shall at any time be received or given in evidence against him in any prosecution except upon an indictment for perjury in any matter to which he may have testified. Soliciting votes. Forfeiture and punishment. Evidence. Section 16. Be it further enacted by the authority aforesaid, That the corporate entity, corporate name and corporate limits of the City of Covington are hereby in all respects

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fully preserved as defined in the Acts appearing on page 630 et seq. Acts of 1918, together with all amendatory Acts thereto, except as herein specifically provided; and all Acts not inconsistent with this Act are hereby continued in force. Provided, further, that all property rights of the city and all its contractual rights and obligations are hereby expressly declared continued in full force and effect; and that all of its corporate acts, through ordinance or resolution, heretofore done or undertaken, are hereby ratified and confirmed; and that all of its forms heretofore prescribed, and its official acts, through ordinance or resolutions, are hereby preserved, except that additional ordinances shall upon the effective date of this Act be thereafter passed by said board of commissioners of the City of Covington, who are hereby expressly empowered to pass all ordinances and resolutions necessary for the proper government of said city and the conduct of its affairs, except that a proposed ordinance, after being read in any meeting of the commission, shall be published in full in the official county newspaper and shall not come up for passage until five days after such publication. Corporate name. Contracts and obligations. Existing ordinances. Section 17. The board of education of the City of Covington, the terms of office of its various members, its jurisdictions, powers and duties, are hereby expressly preserved, and qualifications of said board and their method of election shall in no wise be affected by the passage and approval of this Act. Board of education. Section 18. No member of the board of commissioners, the city manager, nor any official or employee of the city shall be directly or indirectly interested in any contract, service with or for the city nor in the profits or emoluments therefrom, nor the sale of merchandise to the city, and any contract which violates this section shall be declared null and void. No member of the board of commissioners, the city manager, nor other officer or employee of the city shall

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accept any gift, frank, pass, or other emolument from any person, firm or corporation operating any public utility or engaged in any business of a public nature within the city, or from any person, firm, or corporation seeking to sell or which may desire to sell supplies to the city, perform service for, or make a contract with said city. Officials and employees, interest in contracts. Section 19. The board of Commissioners shall have the power at any time to cause the affairs of any department to be investigated or the conduct of any official or employee of the city to be investigated, and for such purposes they have full authority to examine witnesses, compel the production of books and papers or other documents, and for that purpose may issue subpoenas which shall be signed by the chairman of the board of commissioners, and any person refusing to respect said subpoenas at the said investigation shall be guilty of a misdemeanor. Department Investigation. Section 20. The present method of taxing property in said city, of making assessments for this purpose, levying and collecting the same, including all present means of revenue and licenses, shall continue in force until otherwise provided or changed by ordinance of the board under the provisions of this Act. Taxation. Section 21. The city commission by a majority vote shall have the right to and is hereby granted full and complete authority to remove the city manager at any time without liability for such removal. Manager, removal of. Section 22. The clerk shall prepare a book for the purpose of receiving the signatures of the voters of the said city to call a recall election. He shall in like manner keep books for the purpose of calling a referendum and initiative elections. Said books shall be open at any time and upon petition in writing by 100 citizens of the said city entitled to vote, which shall plainly and distinctly set forth the purpose and reason for such election and the character of the election to be called, together with the legislation proposed

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or opposed, in due form, or the name of the officer to be recalled. In case a petition for recall election shall be filed and the books opened, the said election shall be called by the chairman whenever 25% of the registered voters of the city shall in person go to the office where said book is kept, and within 30 days from the opening of said book, personally sign the same, calling such selection, but no recall election shall be held within three months of the date when the officer whose recall is proposed began his term of office. Recall, referendum and initiative elections. Section 23. Whenever a recall or initiative or referendum election is called, the same shall be ordered by the chairman to be held in not less than 20 and within 30 days after a sufficient number of the registered voters have signed the book to call the same. Any party or political organization shall have the right in the meantime to hold a primary under the State law governing primaries for the selection of candidates for office, or for the expression of the wishes and beliefs of such political parties or organizations on the matter to be initiated or referred. In case a recall election shall be called, the officer for whose office the election is called shall have the privilege of running in said election and any other citizen eligible to hold office may likewise become a candidate and all rules now governing ordinary and special elections shall govern recall, initiative and referendum elections, and all offenses against the purity of elections, ballots and primaries, shall apply to recall, initiative and referendum elections or primaries. When held. Primary. Incumbent eligible. Section 24. Be it further enacted by the authority aforesaid, That in the referendum election herein provided for, and in all future city elections, that after the votes have been counted by the election managers they must sign a certificate stating the number of votes each person voted for received, which certificate shall be delivered to the city clerk at the city hall not later than 10 o'clock in the morning after said election. The ballots shall not be examined by

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the managers or bystanders, but shall be carefully sealed in a strong envelope or box together with all tally sheets which must bear the signatures of the managers. Said box or envelope shall then be securely sealed with the names of the managers across the seals thereof, and delivered immediately after the completion of the election and the counting of the ballots to the ordinary of Newton County, by whom they shall be kept, and who shall securely lock same in his vault and they shall be kept unopened and unaltered for a period of 30 days, after which time, if said election is not contested, the said ballots shall be destroyed by said ordinary, without examining the same himself, or permitting others to do so. Certification. And if said ordinary or any other person shall violate any of this section he shall, upon conviction, be punished as provided in Section 272506 of the Penal Code of Georgia of 1933. Punishment. Section 25. This Act shall become effective only after a majority of the duly qualified electors of City of Covington, voting in an election as hereinafter provided for, shall vote for commission form of government, and if the majority of said electors so vote, then this Act shall become effective, as otherwise provided herein. The mayor and council may provide for an election to be conducted as elections are now conducted and the returns thereof made by the managers to the mayor and council, who shall declare the results, which shall be entered upon the minutes so as to show the number of votes cast for and the number of votes cast against the commission form of government. The election may be held at any time, and two weeks' publication and notice of the date of said election shall be given in three public places in said city prior to said date. On the issue submitted to the voters of said city aforesaid, the ballots shall be marked For Commission Form of Government and Against Commission Form of Government. If a majority of those voting vote Against Commission Form

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of Government, this Act shall be void; if a majority of those voting vote For Commission Form of Government, then this Act shall be of force as provided herein from and after January 1 next. In said election the qualified voters shall be determined according to the last registration list of said city as used in the last city election, and in addition thereto any one who shall legally qualify to vote in the city 30 days prior to the election. The said registration list shall be purged corrected and brought down to date by the proper authorities 20 days prior to the holding of the said referendum election. Referendum. Notice. Ballot, form of. Qualifications of voters. Section 26. All laws and parts of laws in conflict with this Act shall be repealed, except that all corporate powers and charter provisions heretofore granted said municipality not inconsistent herewith, shall remain of full force and effect to be exercised in the manner and by the methods provided by this Act. Repealing clause. Approved March 27, 1941. DARIEN STREET CLOSING. No. 245. An Act Authorizing the City of Darien to close certain parts of streets within said City of Darien, abandon the same as streets, and to sell and dispose of said part so closed, by public or private sale; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, that the City of Darien be and it is hereby authorized to close and abandon that certain part of Cypress Street which lies southward of the southern line of Garrison Street and westward of block number 99. And also all of that part of Cypress Street lying southward of the southern line of Wilson Sreet, northward of the northern

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line of Garrison Street, westward of block number 106, and eastward of North Way Street; and also all unoccupied and unnumbered parcels of land eastward of lot number 362 and lot 363, lying between Sixth and Seventh Streets and westward of said North Way Street, according to the map or plan of the City of Darien and shown thereon, be and the same are hereby declared to be closed as streets or parts of streets and abandoned, provided that the lane traversing, and lying in the middle of block 106 shall forever remain open for the use of the public. The said parcels of land shall within three months of the passage of this act be sold by the City of Darien, either at public or private sale, whichever is the discretion of said governing authority is deemed to the best interest of the general welfare of said municipality; that if the same is sold at public outcry notice of such sale shall be published one time each week for four consecutive weeks immediately prior to a legal sales day, in the newspaper in which the Sheriff's advertisements for McIntosh County are published. If at private sale then to the prospective purchaser offering the greatest purchase price therefor. In either event the Mayor of City of Darien and the Clerk of Council of said City of Darien shall execute a deed of conveyance which shall fully divest all title out of said City, and invest the same in the purchaser, his heirs, executors, administrators, and assigns. If for any reason such public or private sale is not had within the said three months, then adjoining land owners to said described parcels are hereby authorized to extend their land lines so as to embrace said parcels of land provided that such land lines shall not be extended so as to encroach on any part of any part of any public highway, jurisdiction of which is vested in the Highway Department of Georgia. Cypress street. Limitation. Sale. Advertisement. Private sale. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same is hereby repealed. Repealing clause. Approved March 24, 1941.

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DARIEN TAXES. No. 239. An Act To amend an Act to provide a new charter for the City of Darien superseding all previous acts, defining its limits and conferring additional power on said Corporation and for other purposes (acts 1909 page 727) by the defining and providing the rate of taxation that lawfully may be imposed by the governing authority upon all taxable property within the territorial limits of said Corporation to repeal conflicting laws; and for other purposes. Section 1. Be it enacted by the General Assembly of State of Georgia and it is hereby enacted by the authority of same that an Act of the General Assembly of Georgia; approved August 14, 1909 be and the same is hereby amended by adding a new paragraph to be numbered 8A which shall read as follows to-wit: Act of 1909 amended. Section 8A. Be it further enacted that in addition to all other powers conferred upon said municipal Corporation, the governing authorities are hereby granted and delegated the power and authority (1) to impose, levy and collect upon all the taxable property within the limits of said Corporation a tax for current expenses not exceeding the rate of ten mills or $1.00 on the hundred dollars of taxable value; and, Ten mill rate. (2) to impose, levy and collect such additional tax or taxes that may be required or necessary to retire, liquidate and pay off any and all bonded indebtedness that may become due during any current year, which has been legally voted by the people at any legal election heretofore or hereafter called for the purpose of floating bonds; and, Bonded indebtedness. (3) further in addition to the foregoing taxes authorized to be levied, the governing authority or said Corporation may impose, levy and collect any and all other taxes

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which may be imposed by a vote of the people provided, that such levy shall be sanctioned by two thirds of the qualified voters of said municipality at an election called for the purpose in which at least a majority of the qualified voters of said municipality shall participate by voting therein, provided further than the governing authority shall publish in the newspaper in which the sheriff's advertisement for McIntosh County are published one time a week for four consecutive weeks immediately prior to the date of such election and such notice shall contain the proposed rate of taxation, the purpose thereof, and the space of time that such special or additional tax shall be levied, imposed and collected. Submission to vote. Publication. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith and the same are hereby repealed. Repealing clause. Approved March 24, 1941. DECATUR LIMITS EXTENDED. No. 118. An Act To amend an Act, approved August 17, 1909, creating and establishing a new charter and municipal government for the Town of Decatur, now City of Decatur, in the County of DeKalb, and the several Acts amendatory thereof, so as to change, enlarge, and extend the corporate limits of the City of Decatur in the County of DeKalb, by the incorporation of additional and contiguous territory therein; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority aforesaid, that an Act approved August 17, 1909, creating and establishing a new charter and municipal government for the Town of Decatur, now City of Decatur, in the County of

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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 the following additional and contiguous territory described as follows, to-wit: Situated in Land Lot No. 237 of the 15th. District of DeKalb County and being all of lots 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, and part of Lot No. 36 in Block 25 of the Druid Hills Land Company's property, as platted by O. F. Kauffman, Civil Engineer, dated April 1919, and more particularly described as follows: Beginning at a point in West Howard Avenue on the present City Limit Line of Decatur, extending thence West along the Atlanta City Limit Line in DeKalb Avenue, or West Howard Avenue, as this street existed before widening, a distance of 1030 feet, more or less, to the Eastern right-of-way line of the Seaboard Airline Railroad; thence in a Northeasterly direction along the Eastern right-of-way line of the Seaboard Airline Railroad, a distance of 350 feet, more or less, to the property line between Lot No. 20 and Lot No. 22 in Block 25 of the Druid Hills Land Company's property; thence East along the rear line of Lots 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, a distance of 802.9 feet to the rear line of Lot No. 6 of this subdivision; thence in a Southeasterly direction from the rear of Lot No. 6 and Lot No. 5, a distance of 100 feet, more or less, to the present City Limit Line of Decatur; thence South along the present City Limit Line of Decatur, a distance of 200 feet, more or less, to the point of beginning. Act of 1909 amended. Additional territory. 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

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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. Incorporated in city limits. 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 February 26, 1941. DECATUR LIMITS EXTENDED. No. 456. An Act To amend an Act, approved August 17, 1909, creating and establishing a new charter and municipal government for the Town of Decatur, now City of Decatur, in the County of DeKalb, and the several Acts amendatory thereof, so as to change, enlarge and extend the corporate limits of the City of Decatur in the County of DeKalb, by the incorporation of additional and coniguous 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: Located in Land Lot 202 and 203 of the 15th District of DeKalb County, Georgia, and more particularly described as follows: Beginning

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at the intersection of the South side of Boulevard Drive and the Atlanta City Limit Line, which point is 400 feet East of South Candler Street; running thence South, parallel with the 400 feet East of South Candler Street, along the Atlanta City Limit Line 192.5 feet, more or less, to the rear line of Lot No. 7 in Block D of the Dearborn Park sub-division, known as section No. 1; thence East along the rear line of Lots Nos. 7 through 42, inclusive, in Block D, which lots front along the South side of Boulevard Drive, to the East line of Lot No. 42 in said Block; thence North along the East line of No. 42 and this line produced, 300 feet, more or less, to the center of Shoal Creek; thence Northwestwardly along the center of Shoal Creek 925 feet, more or less, to the present City Limit Line of Decatur; thence due West along the present Decatur City Limit Line, which point is 400 feet East of South Candler Street; thence South parallel with and 400 feet East of South Candler Street along the Atlanta City Limit Line 680 feet, more or less, to the point of beginning. Act of 1909 amended. Additional territory. 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. Incorporated in city limits. 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. Repealing clause. Approved March 27, 1941.

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DECATUR ZONING. No. 434. Decatur; Zoning, Building, Traffic Regulations, Etc. Amending Act. 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 the amendment to the Charter of the City of Decatur approved August 24th, 1929, empowering the governing authorities of said City of Decatur to make regulations regarding zoning and city planning, the erection and construction of buildings, the laying out of streets and park spaces, etc., beginning with Section 6, page 1022, Georgia Laws, 1929, be amended as follows: Act of 1929 amended. (a) To be added to Section 6 the following paragraph: Section 6-A. That the Commissioners of the City of Decatur may, in their discretion, appoint a Board to be known as a Planning Board to recommend to said Commissioners the boundaries of the various zones to be laid out, and to recommend the adoption of appropriate regulations and restrictions to apply to the lands, buildings and structures in said zones. The members of said Board, the number of members constituting said Board, and the duties of such members to be determined by the City Commissioners, as well as the term for which they shall serve and the compensation that they shall receive for such services, all of which may be changed from time to time in the discretion of the City Commissioners. The acts of such Board shall be advisory only. Planning board. Section 2. Be it further enacted by authority aforesaid that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 27, 1941.

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DIFFEE CHARTER REPEALREFERENDUM. No. 36. An Act To receal An Act to Incorporate the Town of Diffee in the County of Decatur, to provide for the election of a mayor and council of said town, to define the corporate limits of said town: to provide for a system of revenue by taxation or otherwise, Approved August 22, 1907, and providing for the submission of said repeal to a referendum by the voters of said town. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority thereof: Repeal of act of 1907. Section 1. That an act entitled: An Act to incorporate the town of Diffee, in the County of Decatur, to provide for the election of a mayor and council of said town; to define the corporate limits of said town to provide for a system of revenue by taxation or otherwise, and for other purposes therein contained, Approved August 22, 1907, be and the same is hereby repealed and the charter therein granted to the town of Diffee is hereby repealed, provided, however, that the City authorities in charge of said municipality shall call an election as provided by Section 69101 of the Code, at which election there shall be submitted to the qualified voters of the town of Diffee the question of whether the existing charter shall be repealed or not. Those voting favor of a repeal of the charter shall have printed or written on their ballots, For repeal of present municipal charter, and those opposing repeal of said existing charter shall have written or printed on their ballot Against repeal of present municipal charter. If a majority of the votes cast in such election shall be in favor of a repeal of the existing charter, this act repealing the charter shall be repealed; if a majority of the votes cast in said election are not in favor of such repeal, the municipal charter shall stand: It being the purpose of this act to provide a referendum

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in all respects complying with the provisions of Section 69102 of The Code, which shall govern the calling and holding of the election herein provided. Referendum. Ballot, form of. Intention. Section 2. That all laws or parts of laws in conflict herewith be and the same are hereby repealed. Repealing clause. Approved February 13, 1941. DOERUN QUALIFIED VOTERS. No. 419. An Act to amend an Act of 1939, Georgia Laws, 1939, Page 1010, et seq., known as an Act to amend an Act of 1922 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 1939, Georgia Laws 1939, page 1010, et seq., amending the Acts of 1922 for the City of Doerun be and the same are hereby amended by inserting after the word persons in the first line of the third paragraph of said Act the following: qualified to vote for members of the General Assembly and who shall have paid all poll taxes required of them by the State of Georgia and so that the same as amended shall read as follows: Act of 1939 amended. That all persons qualified to vote for members of the General Assembly and who shall have paid all poll taxes required of them by the State of Georgia and who have been a resident of the State of Georgia for one year and who shall have been a resident of the County of Colquitt for six months and who shall have resided in the City of

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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. Voters, qualifications of. Section 2. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Repealing. clause. Approved March 27, 1941. DONALSONVILLE CHARTER AMENDMENTS. No. 35. An Act To amend the act approved August 20th, 1906, (Ga. Laws 1906, pp. 682, 707), creating a new Charter for the town of Donalsonville, then in Decatur but now in Seminole County, and all acts amendatory thereof including the act approved August 19th, 1922, (Ga. Laws 1922, pp. 784, 791), changing the name of Donalsonville from the town of Donalsonville to the city of Donalsonville, by adding certain provisions to said Charter authorizing and empowering the city to make certain public improvements and to issue bonds, levy and collect taxes and pay for the costs thereof; to provide for an election upon the issuance of bonds; to authorize the purchase or condemnation of property necessary for making the aforesaid improvements; to fix the hours during which polling places shall be kept open and to fix the date for the election of mayor and aldermen of said city; to repeal conflicting laws; and for other purposes. Be it and it is hereby enacted by the General Assembly of Georgia: Section 1. That the act approved August 20th, 1906, (Ga. Laws 1906, pp. 682, 707), creating a new Charter

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and city government for the town of Donalsonville, formerly in the county of Decatur but now in Seminole county, and all acts amendatory thereof, be and the same is hereby amended by adding at the end of Section 52 of said act the following new Sections to read and be numbered as follows: Act of 1906 amended. Section 52-(1). The city of Donalsonville is hereby authorized and empowered to grade, drain, construct, pave and otherwise improve any and all of the streets, highways, roads, sidewalks and alleys within its corporate limits as may be deemed desirable, or necessary or proper by the mayor and aldermen. Streets. Section 52-(2). The governing authorities of said city are hereby authorized and empowered to issue and sell bonds of the city in such amounts as the mayor and aldermen deem necessary for the aforesaid purposes, provided that such bonds when issued, together with the present remaining outstanding bonds of said city, shall not aggregate a sum in excess of seven per centum of the assessed value of all of the taxeable property within said city. Such bonds shall be issued in such denomination as may be determined by the city authorities and the proceeds from the sale of same shall be used by them for the purposes aforesaid. One twentieth of the principal amount of said bonds shall mature annually beginning on the 31st day of December, 1945, and the same shall bear interest at the rate of not more than four per cent per annum, and interest on all of said bonds shall be paid annually beginning on the 31st day of December, 1941. Bonds. Limitation. Maturity. Section 52-(3). The governing authorities of the city are hereby authorized to levy and collect an annual ad valorem tax on all property in the corporate limits of the city of Donalsonville for the purpose of providing a sinking fund for redeeming said bonds in twenty equal annual installments as above stipulated, and paying the

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interest on all of said bonds annually as herein provided. Provided, however, the city council shall not levy a rate in excess of ten mills for said purpose. Ad valorem tax. Section 52-(4). The governing authorities of the city of Donalsonville are hereby authorized and empowered to purchase or acquire by condemnation proceedings in the manner prescribed by law title to any property deemed necessary for the purposes herein provided. Purchase and condemnation. Section 52-(5). The city council is hereby authorized and empowered to call and hold an election, as required by law, for the purpose of submitting to the qualified voters of the city the question of issuing said bonds and creating the indebtedness for the purposes herein provided. Said election shall be held and governed by the same rules and regulations as govern the election of the mayor and council of said city and the qualifications of the voters shall be the same and the returns of said election shall be made, determined and declared in the same manner as prescribed for the election of mayor and council. Notice of said election shall be published in a newspaper published in the city of Donalsonville at least once a week for two weeks before the election is held, or if there be no such newspaper, then notice of such election shall be posted in at least three conspicuous places within the corporate limits of the city at least fifteen days prior to the election. In said election, the qualified voters favoring the issuance of the bonds as herein provided shall have written or printed on their ballots for the issuance of paving and street improvement bonds, and those opposed shall have written or printed on their ballots against issuance of paving and street improvement bonds, and should two-thirds of the qualified voters voting at said election vote for the issuance of paving and street improvement bonds, the result shall be declared as aforesaid and the city authorities shall

Page 1318

have the right and power to issue said bonds as herein provided. Referendum. Notice. Ballot, form of Section 2. That the aforesaid act of 1906, (Ga. Laws 1906, pp. 682, 707), as amended by the act of 1922, (Ga. Laws 1922, pp. 784, 791), be and the same is hereby further amended by striking and repealing Section 4 of said act of 1922, relating to the time of election and term of office of the mayor and aldermen of said city and by enacting in lieu thereof the following: Act of 1906 amended. Section 4. The term of office of the mayor shall be two years and until his successor is elected and qualified. The date of said election shall be on the first Tuesday in December of 1942 and biennially thereafter on the same date. At the same time and in the same election two aldermen shall be elected for the term of two years to succeed the present incumbents whose terms will expire on December 31st every two years. Both the terms of office of the mayor and aldermen shall begin on January 1st after their election. In the elections for mayor and aldermen of said city, and in all other elections, whether special, primary or general elections, the polling places and precincts shall be open, remain open and close at and for the same time as is now fixed by law in the case of general elections held in this State. Mayor's term. Aldermen, terms. Polls. Section 3. All laws or parts of laws in conflict with this act are hereby repealed. Repealing. clause. Approved February 13, 1941.

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DOUGLAS CHARTER AMENDMENTS. No. 184. An Act To amend an Act, approved the 20th day of December, 1899 (Pages 177 to 196, inclusive, Georgia Laws, 1899,) entitled: An Act to create a new charter for the City of Douglas, in the county of Coffee, and to consolidate and declare the rights and powers of said corporation; to authorize and empower the mayor and aldermen of said City to purchase, or build, establish, maintain and operate a system of water-works, electric lights and sewerage for the said city of Douglas; to hold an election on a day specified as now required by law to determine the question of creating a debt against said City by the issuance of bonds; to provide for the assessment and collection of an annual tax on the property in said city for the purpose of paying the principal and interest on said bonds; to confer additional power upon the mayor and aldermen of said city of Douglas, and for other purposes, and the several amendatory Acts thereto, including the amendatory Act approved August 19th, 1922 (Pages 791 to 795, inclusive, Georgia Laws, 1922,) so as to provide for biennial elections of the Mayor and Board of Aldermen, to make the terms of the members of the Board of Aldermen uniform, and their terms of office run for two years, and until their successors have been elected and qualified, and to coincide and co-extend with that of the Mayor; to provide for the salary of said Mayor and members of the Board of Aldermen; and so as to amend the aforenamed original Act, and the several amendatory Acts thereto, including the amendatory Act approved August 8th, 1921 (Pages 870 to 876, inclusive, Georgia Laws, 1921,) so as to prescribe and define the veto powers of the Mayor, 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

Page 1320

same, that an Act, approved December 20th, 1899, (Pages 177 to 196, inclusive, Georgia Laws, 1899,) and the several amendatory Acts thereto, including the amendatory Act approved August 19th, 1922 (Pages 791 to 795, inclusive, Georgia Laws, 1922,) creating a new charter for the City of Douglas, be, and the same is hereby amended, as follows: Act of 1899 amended. Section 1. That the two members of the Board of Aldermen elected on the third Saturday in December, 1940, whose terms of office began on the first Monday in January, 1941, for a term of three years, shall hold office until the first Monday in January, 1943, or for a term of two years, or until their successors shall have been elected and qualified, and, be it further enacted by the authority aforesaid, that their successors shall be elected at the election to be held on the third Saturday in December, 1942, for a term of two years, to begin on the first Monday in January, 1943. Aldermen, terms. Section 2. Be it further enacted by the authory aforesaid, that the two members of the Board of Aldermen, to be elected on the third Saturday in December, 1941, whose terms are to begin on the first Monday in January, 1942, for a term of three years, shall hold office until the first Monday in January, 1943, or for a term of one year, or until their successors shall have been elected and qualified, and, be it further enacted by the authorty aforesaid, that their successors shall be elected at the election to be held on the third Saturday in December, 1942, for a term of two years, to begin on the first Monday in January, 1943. Successors. Section 3. Be it further enacted by the authority aforesaid, that the two members of the Board of Aldermen, who are to be elected on the third Saturday in December, 1942, for a term of three years, to begin on the first Monday in January, 1943, shall hold office for a term of two years, or until their successors shall have been elected and qualified,

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and, be it further enacted by the authority aforesaid, that their successors shall be elected at the election to be held on the third Saturday in December, 1944, for a term of two years, to begin on the first Monday in January, 1945; so as to provide that, beginning with the third Saturday in December, 1942, at which time, under the existing law, the Mayor shall be elected for a term of two years, to begin on the first Monday in January, 1943; the six members of the Board of Aldermen shall all be elected at the same time with the Mayor, and their terms shall begin with that of the Mayor, on the first Monday in January, 1943, and run for a term of two years, or until their successors shall have been elected and qualified, at the election to be held on the third Saturday in December, 1944, and the said Mayor and Board of Aldermen shall be elected on the third Saturday in December, each two years thereafter, the annual elections now provided for being hereby abolished, and biennial elections are hereby provided for the Mayor and Board of Aldermen, so as to provide that the terms of the members of the Board of Aldermen and that of the Mayor shall be for two years, and are to coincide and co-extend with each other. Election, when held. Section 4. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that the said amendatory Act, approved August 19th, 1922, be further amended by striking Section 6 of said Act, as appears on Page 793, Georgia Laws, 1922, and inserting in lieu thereof a new paragraph, as follows: Beginning the first month after the adoption and approval of this Act, the salary of the Mayor shall be $100.00 per month, and the salary of each member of the Board of Aldermen shall be $25.00 per month; all to be paid out of the City Treasury. Act of 1922 amended. Salaries. Section 5. Be it further enacted by the authority aforesaid, that said Act approved December 20th, 1899, (Pages 177 to 196, inclusive, Georgia Laws, 1899,) creating a new charter for the City of Douglas, and the several amendatory

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Acts thereto, including the amendatory Act approved August 8th, 1921, (Pages 870 to 876, inclusive, Georgia Laws, 1921,) be, and the same is hereby amended by striking from the words that appear in parenthesis in the second paragraph on page 872, Georgia Laws, 1921, the words And election of any City Officer, and further amended by striking the word four, wherever the same shall appear in said paragraph, and substituting in lieu thereof the word five. Act of 1899 amended. Five substituted for four. Section 6. Be it further enacted by the authority afoesaid, that said Act approved December 20th, 1899, and the several amendatory Acts thereto, including the amendatory Act approved August 8th, 1921, as aforesaid, be, and the same is hereby futher amended by adding a proviso at the end of the first paragraph as appears on page 872, Georgia Laws, 1921, as follows: Provided, however, that the Mayo shall have the right to remove at any time any officer, agent or employee elected, as hereinbefoe provided; or make any reduction that he may see fit to in the compensation of any such officer, agent or employee; and, Provided further, that in the event of any such action, on the part of the Mayor, it shall be final, unless not less than five of the Aldermen shall affirmatively vote to over-ride such action at the next regular meeting of the Mayor and Board of Aldermen thereafter. Proviso added. Removal of employees. Over-riding. Section 7. Be it further enacted by the authority aforesaid, that if any section, or part of a section of this Act, shall, for any reason, be adjudged by any Cout 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 section, or part of a section, of this Act, but shall be confined in its operations to the section or part of the section, directly involved in the controversy in which judgment shall have been rendered. Constitutionality. Section 8. Be it further enacted by the authority aforesaid,

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that all laws, or parts of laws, in conflict with this Act, be, and the same are hereby repealed. Repealing clause. Approved March 12, 1941. DOUGLAS CITY MANAGERREFERENDUM. No. 185. An Act To amend an Act, approved the 20th day of December, 1899 (Pages 177 to 196, inclusive, Georgia Laws, 1899,) entitled: An Act to create a new charter for the City of Douglas, in the county of Coffee, and to consolidate and declare the rights and powers of said corporation; to authorize and empower the mayor and aldermen of said city to purchase, or build, establish, maintain and operate a system of water-works, electric lights and sewerage for the said city of Douglas; to hold an election on a day specified as now required by law to determine the question of creating a debt against said City by the issuance of bonds; to provide for the assessment and collection of an annual tax on the property in said city for the purpose of paying the principal and interest on said bonds; to confer additional power upon the mayor and aldermen of said city of Douglas, and for other purposes, and the several amendatory Acts thereto, including the amendatory Act, approved August 17th, 1918, (Georgia Laws, 1918, Page 691, et seq.,) providing for the creation of the (Water and Light Commission); to provide for a form of government in said City composed of three commissioners and a City Manager, in lieu of the present form of government by Mayor and Aldermen, or Council, and to declare the rights and powers of said government; to abolish the office of Mayor and Aldermen, or Councilmen, as constituted under the present charter, and certain other officers in said City, including the (Water and Light Commission),

Page 1324

as provided and constituted under said present charter; to amend, or repeal, such sections of the charter, and to abolish all such offices as may be deemed necessary to carry into effect the said Commissioner-City Manager form of government; to provide the method of election of said Commissioners and the City Manager, and other officers and employees of said City of Douglas, and to provide for the appointment and removal from office of any and all officers and employees of the City of Douglas by said City Commissioners or City Manager; to provide the qualifications of the City Manager and City Commissioners, and other officers and employees of said City; to make any and all other amendments or provisions necessary and proper to the creation of a new form of government for said City of Douglas, and for the conduct thereof; to provide when and upon what conditions this Act shall become operative, and to provide for an election by the qualified voters of the City of Douglas for the adoption or rejection of the provisions of this Act, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Act approved on the 20th day of December, 1899, and the several Acts amendatory thereto, creating a new charter for the City of Douglas, creating a Municipal government of said City, be, and the same are hereby amended in the following particulars: All provisions of said charter, creating a mayor and Board of Aldermen, or Council, and Water and Light Commission established by ordinance of the Mayor and Board of Aldermen in pursuance of an Act of the General Assembly, approved August 17th, 1918 (Georgia Laws, 1918, Page 691, et seq.,) are hereby expressly amended so that, and in that, the office of Mayor and the office of Aldermen and Councilmen of the City of Douglas, and the Water and Light Commission, are hereby abolished, on and after the 1st day of July, 1941. Act of 1899 amended. Offices abolished.

Page 1325

Section 2. Be it further enacted, that in lieu of the Mayor and Aldermen of said City of Douglas, it is hereby created and established a commission of three citizens, who shall be known as the Board of Commissioners for the City of Douglas. Said Board of Commissioners for the City of Douglas are hereby given all rights, powers and authority heretofore vested in the Mayor and Aldermen of the City of Douglas, or the Board of Aldermen, or Council, of the City of Douglas, and the Water and Light Commission, except as otherwise provided herein, and except as such rights and powers are hereby otherwise expressly delegated to the City Manager, hereinafter created and established. Commission. Powers and authority. Section 3. Be it further enacted by the authority aforesaid, that the political ward and ward lines are no longer continued as political subdivisions of the City of Douglas, and are hereby abolished. Wards abolished. Section 4. Be it further enacted, that the said Commissioners shall be elected by the qualified voters of said City, and shall be citizens of said City, who shall have the same qualifications as are prescribed by the present charter of said City, and its several amendments for the office of Mayor and Aldermen. Election. Section 5. Be it further enacted, that at the first election for said Commissioners, hereinafter provided for, said three Commissioners shall be elected for a term to begin on the first day of July, 1941, and to end on the first day of July, 1943; and that thereafter, the three Commissioners shall serve for a term of two (2) years, beginning on the first day of July, 1943. Election, terms. Section 6. The election of the Board of Commissioners shall be held under the supervision and control of the Mayor and Aldermen of said City, subject to the laws of force for holding elections for Mayor and Aldermen for said City, except that a special election for said purposes shall be held by said Mayor and Aldermen on the third

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Saturday in June, 1941, and the returns from said election shall be made to said Mayor and Board of Aldermen, who shall declare the result thereof. In case there is a tie vote between the candidates, a new election shall be called by said Mayor and Aldermen in not less than ten days or more than fifteen days from the election, which election shall be held only for the purpose of determining between the candidates receiving the same number of votes, and elections shall be called and held as often as may be necessary after the candidate, or candidates, may be elected. Thereafter there shall be an election to elect the three Commissioners on the third Saturday in June 1943, and on the third Saturday in June every two years thereafter. Election, management. Tie vote. Periodic elections. Section 7. Any vacancy occurring or existing in the Board of Commissioners, except as otherwise provided in this Act, shall be filled by an election of the remaining members of the Commissioners. The Commissioner so elected shall hold office for and during the unexpired term of the member he succeeded. Should all memberships in the Board of Commissioners, for some reason become vacant at the same time, the then Governor of Georgia shall appoint qualified persons to fill said vacancies, the Commissioners so appointed to hold office during the unexpired terms of the Commissioners, who they succeed. Vacancies. Section 8. Be it further enacted that before assuming the duties of their offices, the said Commissioners shall take and subscribe the following oath: I do solemnly swear that I will faithfully demean myself as a Commissioner of the City of Douglas, during my continuance in office, that I will discharge the duties of the office to the best of my ability, and will at all times uphold the provisions of the charter of the City of Douglas, the Constitution and laws of the State of Georgia, and of the United States. So help me God. Oath. Section 9. The compensation of each Commissioner shall

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be $300.00 per year, payable monthly out of the Treasury of said City; except that of the Chairman, whose compensation shall be $600.00 per year. Compensation. Section 10. Be it further enacted, that the said Commissioners shall, at their first meeting; and at their first meeting in each succeeding term thereafter, elect one of their members as Chairman of said Board of Commissioners, and one of their members as Vice-Chairman of said Board of Commissioners, and said Chairman shall have and exercise all the powers, and shall have imposed upon him all of the duties now exercised and imposed upon the Mayor of said City, except as herein otherwise expressly provided; and, Provided further, that said Vice-Chairman shall exercise all of the powers and shall have imposed upon him all of the duties now exercised and imposed upon the Mayor Pro Tem of said City, and, except when in attendance of meeting of the Board of Commissioners, shall be called Mayor, and Mayor Pro Tem, respectively. Said Chairman, or Vice-Chairman, shall have a vote on all questions before said Board of Commissioners, but shall have no veto powers. Two members of said Commission shall constitute a quorum, and may exercise any power delegated to the Commission. Chairman and vice-chairman, election. Duties. Vote. No veto power. Quorum. Section 11. Be it further enacted, that the corporate entity, corporate name and corporate limits of the City of Douglas are hereby, in all respects, fully preserved as defined in the original Act approved December 20th, 1899, together with all amendatory Acts thereafter, except as herein expressly provided; and all Acts not in consistency with this Act, are hereby declared continued in force. Provided, further, that all property rights of said City and all its contractural rights and obligations are hereby expressly declared, continued in full force and effect; and that all of its corporate Acts through ordinances, or resolutions heretofore done, or undertaken, are hereby ratified and confirmed, and that all, of its forms heretofore prescribed, and

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its official Acts through ordinances or resolutions are hereby preserved, except that additional ordinances, resolutions and amendments shall, upon the effective date of this Act, be hereafter passed by said Board of Commissioners of said City of Douglas, who are hereby expressly empowered to pass all ordinances and resolutions necessary for the proper government of said City, and the conduct of its affairs. Corporate entity preserved. Rights and obligations. Existing ordinances. Section 12. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that the Water and Light Commission of the City of Douglas, established by ordinance, in pursuance of an Act of the General Assembly, approved August 17th, 1918 (Georgia Laws, 1918, Page 691 et seq.,) is hereby abolished, and all powers, duties and authority vested in said Water and Light Commission is hereby vested in the Board of Commissioners for the City of Douglas. Water and light commission abolished. Section 13. Be it further enacted, that the said Board of Commissioners shall, within thirty days after their election and qualifications, or as soon thereafter as it practical, select and appoint a City Manager, which office in the City of Douglas is hereby expressly created; which said Manager shall be chosen without regard to residence, or political affiliations, and he shall be the administrative head of the municipal government. Provided, however, that no member of the Board of Commissioners shall be eligible to the City Manager. His salary shall be fixed by said Board of Commissioners, but shall not exceed the sum of $3000.00 per year, which salary shall be paid monthly out of the City Treasury. He shall hold office at the pleasure of said Board of Commissioners, and shall be subject to removal at any time without notice, or statement, or proof of cause. He shall be selected with due regard to his experience and fitness for handling the municipal business in an efficient and economical way, and he shall be directly responsible to said Board of Commissioners for the efficient and economical

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conduct of all City departments, except the Board of Education and City Hospital. During his absence, or disability, the Board of Commissioners may designate some properly qualified person to execute the functions of the office. The City Manager must devote his full working time and attention to the affairs of the City, and shall be directly responsible to the Commission for the efficient and business-like administration of all of the affairs of the City. He shall give bond for the faithful performance of his duties in some bonding company to be approved by the Commission in such amount as the Commission shall require, the premiums on said bond to be paid by the City. The powers and duties of the City Manager shall be as follows: City manager. Qualifications. Salary. Term. Responsibilities. Full time. Bond premiums. (a) To see that all laws and ordinances are enforced. (b) To appoint, subject to the confirmation of the Commission, a marshal or chief of police, who shall be the head of the police department, a chief of the fire department, an overseer of the department of streets and health, a superintendent of the water and light plant, should such be necessary, and the City Clerk. The City Manager shall not have any authority to appoint the members of the Board of Education, which shall be continued in the same manner as heretofore, except that the Commission shall exercise the supervision and power of appointment previously exercised by the Mayor and Board of Aldermen of said Board. Likewise, he shall not appoint the City Attorney, who shall be selected by the Commission. The City Manager shall further have the power, and it shall be his duty to appoint and employ, with the advice of the heads of the several departments of the City government, all other necessary employees of the City. The power to appoint the necessary employees of the City shall be finally vested in the City Manager, but he shall advise with the heads of the several departments in making such appointments. Appointment of officials. Board of education. City attorney. (c) To remove the heads of departments appointed by him, with the consent of the Commission, after stating in

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writing to the Commission the reason and causes for such removal; to remove all other City employees appointed by him without assigning any reason to the Commission. Removal. (d) To exercise supervision and control of the police department, fire department, department of streets and health, water and light commission, and department of finance, which last department shall include the office of City Clerk, and shall include all of the functions heretofore performed by the Clerk of the Water and Light Commission which commission is abolished by this Act. The City Manager shall have no control or supervision over the City Hospital, or Public Schools, other than to make recommendations with reference thereto. Supervision. (e) To attend all meetings of the Commission with the right to take part in the discussion but having no vote. Meetings. (f) To recommend to the Commission the adoption of such measure as he may determine necessary or expedient. Recommendations. (g) The City Manager shall be purchasing agent for the City, by whom all purchases of supplies and all contracts for printing shall be made, and he shall sign all vouchers for the payment of same under such rules and regulations as the Board of Commissioners may by ordinance prescribe. In the capacity of purchasing agent for the City he shall conduct all sales of personal property of the City which the Board may authorize to be sold and which may have become unnecessary or unfit for the City's use. The Board of Commissioners shall by resolution or ordinance prescribe rules and regulations for the purchase of supplies under competitive bids, and the City Manager shall be governed thereby. Provided, that the Board of Commissioners may by resolution or ordinance prescribe who shall sign vouchers for the paying out of the City funds, and under what rules and regulations. Purchasing agent. Sales. Vouchers. (h) To act as budget commissioner, and as such to prepare

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and submit to the Commission at the beginning of each fiscal year, a budget of proposed expenditures for the ensuing year, showing the amounts alloted to each department of the City government, and the reason for such estimated expenditures, and also the estimated revenues for said year. Budget commissioner. (i) To keep the Commission at all times fully advised as to the financial condition and needs of the City. Advice as to financial condition. (j) To fix all salaries and compensation of department heads of all other City employees appointed by him. Salaries. (k) To perform such other duties as may be prescribed by this Act, or required of the City Manager, by ordinance, or regulations of the City Commission. Other duties. Section 14. The Water and Light Commission having been abolished, all records, books and accounts previously kept by the Clerk of the Water and Light Commission shall be kept by the City Clerk, and all duties heretofore performed by the members of the Water and Light Commission shall be performed by the City Commission and the City Manager, and such employees as they shall deem necessary. The Commission may, by ordinance, add any additional functions and duties to any of the present City departments, and may create new and additional departments, and may combine any of the departments, and the duties and functions thereof, generally having the power to make such rules and regulations in regard to said departments as may be deemed wise and expedient for the economic and efficient administration of the affairs of the City. The Commission may in its discretion combine the duties of two or more officers. Books and records of water and light commission. Additional duties. Discretion of commission. Section 15. No member of the City Commission, the City Manager, or any other officer or employee of the City, shall directly or indirectly be interested in any contract, job work, or service with or for the City other than his official

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interest therewith as an officer or employee of the City, any such contract in which said parties have a personal interest shall be void. Interest in contracts. Section 16. The Board of Commissioners herein created shall have the power at any time to cause the affairs of any department to be investigated or the conduct of any official or employee of the City to be investigated, and for such purpose shall have full authority to summon witnesses, compel the production of books and papers or other documents, and for that purpose may issue subpoenas which shall be signed by the Chairman or Vice-Chairman of the Board of Commissioners, and any person refusing to respect such subpoenas at the said investigation shall be guilty of contempt, and shall be punished the same as for contempt now prescribed in the police court of the City. Departments, investigation of. Section 17. After organization, the Commission shall meet at such times as may be prescribed by ordinance or resolution, provided that it shall meet each Monday night, as the Mayor and Board of Aldermen meet at present, unless this should be changed or modified. The chairman of the Commission, any member thereof, or the City Manager may call special meetings of the Commission at any time, all members and the City Manager to be notified thereof. All meetings of the Commission shall be public and any citizen may have access to the minutes and records thereof at all reasonable times, except that in special instances the Commission may go into executive session and exclude the public. Meetings. Section 18. All administrative and judicial offices and departments of the City in existence upon the passage of this Act, shall and unless otherwise provided by this Act continue until otherwise provided by the Commission. Existing offices and departments. Section 19. The present method of audits, assessing property for taxation, and levying and collecting all taxes,

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shall until changed by the Commission, remain of force and effect. Present methods retained. Section 20. Be it further enacted, that the Mayor and Board of Aldermen, or Council of the City of Douglas shall, within sixty days of the passage of this Act, provided and provided only, that there shall have been presented to said Mayor and Board of Aldermen, or Council, a petition therefor signed by more than twenty per cent. of the registered voters of the City of Douglas, call an election for the adoption or rejection of this amendment, as provided in the Act of the General Assembly of Georgia for 1925, pages 136, et seq., and amendatory Acts thereof, and as codified in the Code of the State of Georgia 1933, Sections 69-101 and 69-102. Referendum. Section 21. Be it further enacted, that should said election result in favor of the adoption of this amendment said Act shall immediately become effective, but shall become operative only as herein provided, and that said Mayor and Board of Aldermen, or Council shall thereafter call an election for the election of three Commissioners, as provided in Section 6 of this Act. Effective, when. Section 22. Be it further enacted by the authority aforesaid, that if any section, or part of a section of this Act, shall, for any reason, be adjudged by any Court or 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 section, or part of a section, of this Act, but shall be confined in its operations to the section or part of the section, directly involved in the controversy in which judgment shall have been rendered. Constitutionality. Section 23. Be it further enacted, by the authority aforesaid, that all laws or parts of laws in conflict with this Act are hereby repealed, Provided that all corporate powers

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heretofore granted said municipality shall remain of full force and effect, to be exercised in the manner and by the methods provided by this Act. Repealing clause. Approved March 12, 1941. DOUGLASVILLE WATER AND SEWER AUTHORITY. No. 335. An Act To amend an Act approved March 1, 1937, amending, consolidating and superseding the several Acts incorporating the Town of Douglasville and creating a new charter and Municipal government for said Townby creating for said Town of Douglasville a Water and Sewer Authority; authorizing the Town of Douglasville to vest the ownership, operation and management of its water and sewer system, or either or them, in such Authority; providing for the organization and operation of such authority; authorizing such Authority to acquire property through purchase, construction, donation or condemnation; authorizing the Town of Douglasville to convey property, real or personal, and to grant franchise or franchises to such Authority; authorizing such Authority to borrow money for corporate purposes and to issue negotiable revenue certificates payable solely from the income of the Authority and to enter into covenants and agreements for the security and payment of such revenue certificates; providing for the manner in which such revenue certificates may be authorized, sold and issued; providing for the manner in which such revenue certificates may be enforced; authorizing the refunding of such revenue certificates; providing for the validation of such certificates; providing that such revenue certificates shall be exempt from taxation; providing for the separate enactment

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of each provision of this Act; and making other provisions with respect to the foregoing matters. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same that an Act of the General Assembly of Georgia, approved March 1st, 1937, amending, consolidating and superseding the several Acts incorporating the Town of Douglasville, in the County of Douglas, State of Georgia; and creating a new charter and Municipal Government for said Town of Douglasville be, and the same is hereby amended by adding thereto the following additional provisions: Act of 1937 amended. Section 1. As used throughout this Act, except when the context otherwise requires, the following words shall have the following meanings: (A) Authority shall mean the Water and Sewer Authority of the Town of Douglasville created by this Act. Definitions. (B) Council means the governing body of the municipality. (C) Mayor means the chief executive officer of the municipality. (D) Utility includes any property whether located within or without the corporate limits of the municipality used or useful for serving the municipality, its inhabitants or industries through the supplying, transmission or distribution and sale of water, through making available for fire protection, or through the collection, transportation, treatment and disposal of sewage, surface waters or any domestic, commercial or industrial wastes or garbage, or any combination thereof. (E) Project means the establishment and acquisition, improvement, enlargement, extension, repair or reconstruction, or any combination thereof, of any water and sewer utility, either or both, within or without the corporate limits

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of the Town of Douglasville necessary and/or essential for the public welfare, health and morals of the inhabitants of said Town of Douglasville, and shall embrace the following revenue producing undertakings, without the exclusion of other related undertakings, whether now existing or hereafter acquired or constructed: Water-works, sewerage systems, disposal plants, and/or any or all systems, plants, works, instrumentalities and properties; (1) used or useful in connection with the obtaining of a water supply and the conversion, treatment and disposal of water for public and private uses; (2) used or useful in connection with the collection, treatment and disposal of sewage, water and storm water; (3) used or useful in connection with the conveyance and/or distribution of water for domestic and/or commercial use; 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, sewer and water mains, filtration works, pumping stations, and all related facilities. (F) Cost of Project shall include the entire cost of the acquisition, improvement, enlargement, extension, repair and reconstruction thereof, together with all other items of expense incurred or estimated to be incurred as a part of the cost of such project from its inception to its completion including, but not limited to, cost of lands, properties, rights, easements and franchises acquired; cost of machinery and equipment; cost of plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project; and all engineering, legal, fiscal, supervisory and publication charges and expenses and interest to accrue during the period of construction and for one year thereafter. Any obligation or

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expense heretofore incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project. (G) 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 certificates which may be issued for the cost of such project. Section 2. There is hereby created for the Town of Douglasville a body corporate and politic to be known and designated as Water and Sewer Authority of the Town of Douglasville which shall be deemed to be an instrumentality of the Town of Douglasville, in the County of Douglas, 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, and shall be a public corporation of the State of Georgia. Water and sewer authority created. Section 3. Said Water and Sewer Authority of the Town of Douglasville shall have perpetual existence. Perpetual existence. Section 4. The Town of Douglasville is hereby authorized to vest the ownership, operation and management of its water and sewer system, or either of them in the said Water and Sewer Authority of the Town of Douglasville; and the Mayor and Council of said town (being the governing body thereof) are hereby empowered to adopt at any regular or special meeting of such governing body, a resolution or resolutions expressing its purpose to vest in said Authority the ownership, operation and management of its water and sewer system or either of them. Such resolution or resolutions shall be entered upon the minutes of said governing body and a certified copy thereof shall be received as original evidence in all courts of law or equity. Water and sewer authority created. Section 5. The Authority shall consist of three members

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to be elected by the Mayor and Council, or such other governing authority as may hereafter be designated, of the Town of Douglasville. The term of office of such members shall be three years, provided however that at the first election to be held under this Act one member shall be elected for one year, one member for two years and one member for three years, and thereafter each member shall be elected for a term of three years and shall hold office until a successor is elected and qualifies, unless such member vacates the office by reason of removing from the limits of said Town or by failing and refusing to perform the duties of such office, which failure shall be determined by the Mayor and Council of said Town, after notice to member and an opportunity to be heard. Members of the Authority shall be elected by the said Mayor and Council, or governing authority, at the last regular meeting of said body in March of each year, and the terms of said members shall commence on April 1st. thereafter. In the event of an election to fill a vacancy such election shall be for the unexpired term of the member whose place becomes vacant. Membership. Terms. Failure or refusal to perform. Section 6. The members of such Authority shall be residents of the Town of Douglasville at the time of election and during incumbency. No member shall at any time during incumbency hold the office of Mayor or Councilman of said Town or be an employee thereof, nor shall such member hold any State, County or Federal office during such incumbency. Any member of the Authority shall be eligible for re-election. Residence. Section 7. 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 rights 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

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for their services, as such members, 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. Officers. Compensation, expenses. Agents. Section 8. The Authority shall have power: Powers. (A) to have a seal and alter the same at pleasure; (B) to acquire, hold and dispose of personal property for its corporate purposes; (C) 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, and in accordance with the method of condemnation provided for condemning property by the said Town of Douglasville, 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 or disposal 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 encumberance 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 encumberance in full.

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(D) to acquire in its own name from Town of Douglasville any existing municipally owned utility, or any part thereof, and the Mayor of said town is hereby authorized to convey to said Authority, for and in behalf of said Town of Douglasville, title to such municipally owned utility or part thereof upon agreement by the said Authority to pay to said town such consideration as the Mayor and Council may by resolution determine to be proper. Such sale to be consummated in accordance with the charter provisions of said town relating to sale of a municipally owned utility; (E) to appoint and select agents and employees, including engineering, architectural and construction experts and attorneys, and fix their compensation; (F) to make contracts, and to execute all instruments necessary or convenient, including, but not limited to, contracts for construction of projects and leases of projects or contracts with respect to the use of projects constructed or acquired by it. Any and all departments or agencies of the State of Georgia, or of any sub-division thereof, are hereby authorized to enter into leases or agreements with the Authority upon such terms and for such purposes as they may deem advisable; (G) to establish and acquire by purchase or construction, or both, and to extend, improve, enlarge, repair and reconstruct any water and sewer utility, either, both or any part thereof; and to pay the cost thereof solely from the proceeds of revenue certificates of the Authority, from revenues derived from such utility or from any grant from the United States of America or any agency or instrumentality thereof. (H) to fix and collect rates, fees or charges for services, facilities, commodities or benefits furnished by the utility, including charges for services or benefits furnished the Town of Douglasville; and to provide that in case of nonpayment of bills the amount unpaid shall be collectible

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through suit against the owner of the premises occupied by the user of such service, and to make any other provision or provisions for the enforcement of such charges, rates and fees which may seem desirable to the Authority; (I) 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 upon such terms and conditions as the United States of America or such agency or instrumentality may impose; (J) to accept loans and/or grants of money or materials or property of any kind from any public or private corporation, Association, individual or individuals upon such terms and conditions and subject to such restrictions as the Authority may deem proper; (K) to borrow money for any of its corporate purposes and to issue negotiable revenue certificates payable solely from income of such utility and to provide for the payment of the same and for the rights of the holders thereof; (L) 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 (M) to do all things necessary or convenient to carry out the powers expressly given in this Act. Section 9. The Town of Douglasville is hereby authorized and empowered to sell and convey to said Authority lands or other property title to which is now, or shall hereafter be, in said town upon agreement to pay either in cash or from future revenues of the Authority such an amount as may be fixed by the Mayor and Council of said Town; and the Mayor of said Town of Douglasville is hereby authorized to execute such conveyance as may be necessary or desired by such Authority. Sales and conveyances. Section 10. The Town of Douglasville is hereby empowered to grant unto such Authority all needful and necessary

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franchises, easements, and/or rights of way upon such terms and conditions as may be fixed by the Mayor and Council of said town. Franchises. Section 11. 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 certificates 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 certificates shall be payable solely from the special fund herein provided for such payment. The certificates of each issue shall be dated, shall beat interest at such rate or rates, not exceeding five 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 payments 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 providing for the issuance of the certificates. The Authority shall determine the form of certificates, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the certificates 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 certificates or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such certificates, 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 certificates 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

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of such person and any certificate may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such certificate shall be duly authorized or hold the proper office, although at the date of such certificate such persons may not have been so authorized or shall not have held such office. All revenue certificates 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 certificates and the income thereof shall be exempt from all taxation within the State. The certificates 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 certificate as to principal alone and also as to both principal and interest. The Authority may sell such certificates in such manner and for such price as it may determine to be for best interest 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 five per cent per annum, computed with relation to the average maturity of the certificates in accordance with standard tables of bond values excluding however, from such computations, the amount of any premium to be paid on redemption of any certificate prior to maturity. The proceeds of such certificates 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 certificates or the trust indenture hereinafter mentioned may provide. If the proceeds of such certificates, 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 certificates or in the trust indenture, additional certificates may in like manner be issued to provide the amount of such

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deficit, which unless otherwise provided in the resolution authorizing the issuance of the certificates 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 certificates first issued for the same purpose. If the proceeds of the certificates of any issue shall exceed the amount required for the purpose for which such certificates are issued, the surplus shall be paid into the fund hereinafter provided for the payment of principal and interest of such certificates. Prior to the preparation of definite certificates, the Authority may, under like restrictions, issue interim certificates or temporary certificates, with or without coupons exchangable for definite certificates upon the issuance of the latter. The Authority may also provide for the replacement of any certificate which shall become mutilated or be destroyed or lost. Such revenue certificates 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 certificates of a single issue may be issued for the purpose of paying the cost of any one or more projects as in this Act defined. Any resolution providing for the issuance of revenue certificates 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 certificates. Interest. Redemption. Form. Signature. Negotiability. Taxation, exemption from. Registration. Sale. Proceeds. Additional certificates. Deemed of same issue. Surplus. Interim certificates. Replacement. Effective, when. Section 12. Revenue certificates issued under the provisions of this Act shall not be deemed to constitute an indebtedness of the Town of Douglasville nor to constitute a pledge of the faith and credit of said Town of Douglasville, but such certificates shall be payable solely from the fund hereinafter provided therefor from earnings, and the issuance of such revenue certificates shall not directly or indirectly or contingently obligate the Town of Douglasville

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to levy or pledge any form of taxation whatever therefor or to make any provision for their payment. Neither the Town of Douglasville nor the Authority shall be obligated to pay the principal of or the interest on such revenue certificates except from earnings of the project or projects for which they shall be issued. All such revenue certificates shall contain recitals on their face covering the foregoing provisions of this section. Not indebtedness of Douglasville. Section 13. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue certificates, 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 certificates or in the trust indenture, provided for the payment of the proceeds of the sale of the certificates 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. Trust funds. Application. Section 14. In the discretion of the Authority, any issue of such revenue certificates 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 powers of a trust company within or outside of the State of Georgia. Such trust indenture may pledge or assign revenues and earnings to be received. Either the resolution providing for the issuance of revenue certificates or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the certificate holders 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, safe-guarding and

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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 certificates issued therefor, and may also require that the security given by contractors and by any depository of the proceeds of the certificates or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue certificates may be issued. It shall be lawful for any bank or trust company incorporated under the laws 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 certificate holders and of the trustee, and may restrict the individual right of action of certificate holders 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 deem reasonable and proper for the security of the certificate holders. 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. Pledge and assignment. Provisions. Construction. Depository. Rights and remedies may be set forth. Expenses. Section 15. The Authority is hereby authorized and required to fix and to revise from time to time, fees, rentals, rates 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 United States of America or State of Georgia or with the Town of Douglasville, or with any public or private corporation, association, individual or individuals, with respect to the use of any project or part thereof. Such rates, rentals and other charges shall be fixed and adjusted in respect of the

Page 1347

aggregate thereof from the project or projects for which a single issue of revenue certificates is issued, so as to provide a fund sufficient with other revenues of such project or projects, if any to pay; Fees, rentals and rates. (A) the cost of maintaining, repairing and operating the project or projects, including reserves for extra-ordinary 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 for rentals, labor, supplies, supervision, fuel, electric energy and any and all related articles and/or facilities; (B) the principal of the revenue certificates 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 certificates 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 reserve therefor as may be provided for in the resolution authorizing the issuance of the revenue certificates 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 certificates as such interest shall fall due; (2) the principal of the certificates as the same shall fall due; (3) the necessary charges of paying agents for paying principal and interest; and (4) any premium upon certificates 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

Page 1348

authorizing the issuance of the revenue certificates 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 certificates without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the revenue certificates 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 certificates then outstanding may be applied to the purchase or redemption of certificates. All revenue certificates so purchased or redeemed shall forthwith be cancelled and shall not again be issued. Section 16. Any holder of revenue certificates issued under the provisions of this Act, or any of the coupons apper-taining 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 certificates 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 certificate shall have the right to compel any exercise of the taxing power of the Town of Douglasville to pay any such certificate, or interest thereon, or to enforce the payment thereof against any property of the said Town of Douglasville, nor shall any such certificate constitute a charge, lien or encumbrance, legal or equitable, upon any property of the Town of Douglasville. Rights of holders.

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Section 17. The Authority, in addition to the moneys which may be received from the sale of revenue certificates 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 certificates, 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 purpose for which such grants or contributions may be made. Federal grants. Section 18. The Authority is hereby authorized to provide by resolution for the issue of revenue refunding certificates of the Authority for the purpose of refunding any revenue certificates issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding certificates, 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 certificates. Section 19. It is hereby found, determined and declared that the creation of the Authority and the carrying out of its corporate purpose is in all respect for the benefit of the inhabitants of the Town of Douglasville and of the general public and is a public purpose and that the Authority will be performing essential governmental functions in the exercise of the power conferred upon it by this Act and the State of Georgia and Town of Douglasville covenants with the holders of the certificates that the Authority shall not be required to pay 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 plants, buildings, systems, or other facilities erected or acquired by it or any fees, rentals or other charges for the use of such facilities or other income received by the Authority, and the income therefrom shall

Page 1350

at all times be exempt from taxation within the State of Georgia and the Town of Douglasville. Act, purpose of. Section 20. All revenue certificates issued under this Act may be validated in the Superior Court in the manner provided by Sections 87-301 to 87-309, both inclusive, of the Code of 1933 for the validation of Municipal bonds. The Chairman and Secretary of the Authority shall give notice to Solicitor General and shall attach to said notice a certified copy of the resolution passed by the Authority authorizing the issue of certificates. The petition of Solicitor General shall be served upon the Authority. All other proceedings shall be in accordance with the provisions of the Code aforesaid. Certificates, validation of. Section 21. While any of the certificates issued by the Authority remain outsanding, the powers, duties or existence of said Authority or of its officers, employees or agents or of the Town of Douglasville shall not be diminished or impaired in any manner that will affect adversely the interest 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 interest and rights of the holders of such certificates, nor will the Town of Douglasville compete with the Authority in the furnishing of the services which are furnished by the Authority, nor grant franchises for the use of its streets to any association, corporation, individual or other entity, which would so compete with the Authority. The provisions of this Act shall be construed for the benefit of the Authority and the Town of Douglasville and the holders of any certificates issued by the Authority, and upon the issuance of such certificates the provisions of this Act shall constitute a contract with the holders of such certificates and shall be enforceably by such holders in the same manner as other contracts are enforceable. Impairment of obligations prohibited.

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Section 22. This Act, being necessary for the welfare of the Town of Douglasville and its inhabitants, shall be liberally construed to effect the purposes hereof. Act, construction of. Section 23. 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. Provisions severable. Section 24. 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 aditional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing. Alternative method. Section 25. All laws and parts of laws in conflict with this Act be, and the same are, hereby repealed, and it is particularly provided that the provisions of this Act shall control over any conflicting provisions which may appear in the charter of the said Town of Douglasville. Repealing clause. Approved March 27, 1941. DOUGLASVILLE ZONING AND PLANNING. No. 398. An Act to amend an Act entitled An Act to amend, consolidate, and supersede the several Acts incorporating the Town of Douglasville, in the County of Douglas, State of Georgia; to create a new charter and municipal government for said town, aproved March 1, 1937 (Georgia Laws 1937, pages 1737-1771) by repealing the provisions of Section 38 of said Act purporting to confer upon the governing authority of said Town power to adopt zoning laws, and adopting in lieu thereof, to be designated as Section 38, provisions conferring upon the governing authorities of the said Town of Douglasville,

Page 1352

authority to pass zoning and planning laws whereby said Town may be zoned or districted for various uses and other or different uses prohibited therein and to regulate the use for which said zones or districts may be set apart and to regulate the plans for development and improvement of real estate therein; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that an Act entitled An Act to amend, consolidate, and supersede the several Acts incorporating the Town of Douglasville, in the County of Douglas, State of Georgia; to create a new charter and municipal government for said town, approved March 1, 1937, (Acts of the General Assembly 1937, pages 1737-1771) be and the same is hereby amended as follows: Act of 1937 amended. Section 1. That Section 38 of the said Act aforesaid, purporting to confer upon the Mayor and Council of said Town, power and authority to adopt by ordinance a plan or plans for districting or zoning of the Town, be and the same is hereby repealed. Repeal of Sec. 38. Section 2. That, pursuant to Article 3, Section 7, Paragraph 26, of the Constitution of Georgia as proposed by the General Assembly of Georgia by resolution approved March 30, 1937, (Acts of General Assembly of Georgia, 1937, pages 1135-36) (as ratified and approved June 8, 1937,) the governing authorities of the Town of Douglasville (the same being a Town having a population of 1,000 or more according to the Federal Census of 1940) are hereby authorized to pass zoning and planning laws whereby such Town of Douglasville may be zoned or districted for various uses and other or different uses prohibited therein and to regulate the plans for development and improvement of real estate therein. The Mayor and Council of said Town may, in the interest of public health, safety, order, convenience, comfort, prosperity, or general welfare, adopt

Page 1353

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, dwelling, or other uses of property; or for the purpose of regulating the height of the buildings, fences, or other structures, or the area or dimensions of lots or of the yards used in connection with buildings or other structures, or for the purpose of regulating the alignment of buildings or other structures near street frontages. The zoning regulations may be based upon any one or more of the purposes above described. The town may be divided into such number of zones or districts, and such districts may be of such shape and area as the mayor and council shall deem best suited to accomplish the purpose of the zoning regulations. In the determination and establishment of districts and regulations, classification may be based upon 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, quasipublic, or private nature of the use of premises; or upon any other basis or bases relevant to the promotion of the public health, safety, order, morals, conveniences, prosperity, or welfare. Said mayor and council may provide by ordinance for a zoning commission to be composed of not more than three members to be elected by said mayor and council, and to prescribe their powers and duties; and are authorized to provide the method of appeal from finding of said zoning commission; and to provide for a board of zoning appeals to be elected by said mayor and council, to hear such appeals, and to provide their powers and duties; and to provide for the right of certiorari from said board of zoning appeals to the Superior Court of Douglas County. Zoning and planning laws. Section 3. All laws and parts of laws in conflict with this Act shall be and the same are hereby repealed. Approved March 27, 1941.

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DUBLIN LIMITS EXTENDEDREFERENDUM. No. 424. An Act to amend the Act entitled an Act to create a new Charter for the City of Dublin, in the County of Laurens, and to reincorporate said City and define its territorial limits, and for other purposes, approved March 31, 1937 (Georgia Laws 1937 Pages 1771-1818) and all Acts amendatory thereof, by repealing Section 3 of Article 1 of said Act which defines and prescribes the corporate limits of the City of Dublin; and enacting a new section in lieu thereof redefining and prescribing new corporate limits for said City, for the purpose of extending said corporate limits and incorporating additional territory; to amend Article III of said Act by providing a limit on the assessed valuation for ad valorem taxation of all farm lands within the corporate limits of said City, and defining such farm lands; to prescribe the 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 same, as follows: Section 1. Section 3 of Article 1 of an Act to create a new Charter for the City of Dublin, in the County of Laurens, and to reincorporate said City and define its territorial limits, and for other purposes, approved March 31, 1937 (Georgia Laws 1937 pages 1771-1818) which section defines and prescribes the corporate limits of said City, be, and the same is hereby repealed. Sect. 3 of art. 1 of act of 1937 repealed. Section 2. Be it further enacted by the authority aforesaid, that in lieu of the section hereinbefore repealed, there is hereby enacted a new section to be hereafter known as Section 3 of Article 1 of the new Charter of the City of Dublin, redefining, prescribing and extending the territorial limits of said City as follows: New sec. 3 supplied.

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Section 3. Corporate Limits. The corporate limits of the City of Dublin shall begin at a point on the Western bank of the Oconee River at the foot of the highway bridge on Federal Route Eighty at low water mark, in an Easterly direction from the center of the Courthouse in Laurens County, Georgia, as now situated; thence running in a Northerly direction, from this beginning point, up the Western bank (low water mark) of the Oconee River to the junction of Hunger and Hardship Creek with the Oconee River; thence running in a Northwesterly direction along the run of Hunger and Hardship Creek to the junction of Strawberry Branch or Creek with Hunger and Hardship Creek; thence running in a Southwesterly direction along the run of Hunger and Hardship Creek to the point where the public road known as the Excelsior Community Road (running Westerly from Dublin by the Country Club, T. E. Kellam's farm, old Excelsior School site, etc.) crosses said Creek; thence in an Easterly direction along the center of said public road to the point where the Woodlawn Dairy Farm private road or lane intersects with said public road; thence at an approximate right angle in a Southerly direction along the center of said Woodlawn Dairy private road or lane, and in an approximate straight line, to the point on the Macon and Dublin paved highway (U. S. Federal Route 80) where the private road running from the old W. B. Rice home place residence toward Dublin intersects with said paved highway; thence running in a Southerly and Southeasterly direction along the center of a winding private road or lane through the pecan grove now owned by W. P. Roche, to the point where said private road or lane intersects with the Dublin and Dexter paved highway; thence running in an Easterly direction along the center of the Dublin and Dexter paved highway to the point where the public road commonly known as the old Dublin Cotton Mill road intersects with said paved highway; thence running in a Southeasterly direction along the center of the old Dublin Cotton Mill public road and in an

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approximate straight line, a distance of approximately one and three tenths (1.3) miles to the point where said public road interesects with the Dublin and McRae (Georgia State Route 31) paved highway; thence continuing from that point across the Dublin and McRae paved highway (at approximately right angles thereto) and in a continuous straight line in a Southeasterly direction to Long Branch or Creek; thence running in an Easterly direction along the run of Long Branch or Creek to the junction of said Long Branch or Creek with the Oconee River; thence running in a Northerly direction along the West Bank (low water mark) of the Oconee River to the point of beginning. Corporate limits defined. Where the run of a creek and/or branch is herein designated as the boundary line or corporate limit of the City of Dublin, the same shall be the middle of such stream or the center of the bed of such creek and/or branch. Section 4. Be it further anacted by the authority aforesaid, that Article III of an Act to create a new Charter for the City of Dublin, in the County of Laurens, and to reincorporate said City and define its territorial limits, and for other purposes, approved March 31, 1937 (Georgia Laws 1937 pages 1771-1818) be, and is hereby amended by adding after Section 5 thereof, a new section to be hereafter known as Section 5-a, and providing as follows: Section 5-a. All farm land within the corporate limits of the City of Dublin shall be valued and assessed for city ad valorem taxation as farm lands; and the annual assessed valuation thereof for such taxation shall not exceed the sum of twenty-five ($25.00) dollars per acre. Such farm land shall consist of regular farming tracts used primarily for agricultural purposes and which have not been sudbivided or cut up into City lots, or other small parcels, for residential or business building purposes. When any of such land is cut up or subdivided into city lots, or parcels of five (5) acres or less, for residential or business building purposes, or for sale as such, or otherwise, it shall lose its character

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and identity as farm land and shall be assessed, taxed and controlled as other City property. Farm land within corporate limits to be assessed for ad valorem taxes. Section 5. Be it further enacted by the authority aforesaid, that this Act shall become and be effective on December 31, 1941, and thereafter the corporate limits of the City of Dublin shall be extended as provided herein, and the City of Dublin shall include all of the territory within the boundaries or limits prescribed herein. Section 6. This bill shall become effective on December 31st, 1941, but only upon first being approved by a majority of those voting in a referendum to be held on same, said referendum to be held on the fourth (4th) Wednesday in August, 1941, at the City Hall in Dublin, Laurens County, Georgia, under the direction and supervision of the Mayor and Board of Aldermen of said City of Dublin, and it shall be the duty of said Mayor and Board of Aldermen to see that said referendum is held on the said 4th Wednesday in August, 1941, and to provide and furnish proper ballots for those voting in said referendum, and to see that said referendum is held according to the existing general laws of this State governing such referendum and/or referendum elections. Provided: That those allowed to vote in said referendum shall be as follows: All of those residents and/or citizens of the City of Dublin, Georgia, who were qualified to vote in the general election or primary election for candidates for Mayor or Aldermen of said City last held prior to the date of said referendum, and those residents or citizens of the area proposed to be incorporated into the City of Dublin by this Bill who were qualified to vote for member of the General Assembly in the general election and/or primary election for members of the General Assembly which was held in 1940. If a majority of those voting in said referendum shall vote For retification of this Bill to extend the corporate limits of the said of Dublin, then this Bill shall become effective on the 31st day of December, 1941. If a majority of those voting in said

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referendum vote Against ratification of this Bill to extent the corporate limits of said City of Dublin, then this Bill to be void and of no effect. Referendum. 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 March 27, 1941. DUBLIN SCHOOL BUDGET. No. 442. An Act to amend the Act entitled an Act to create a new Charter for the City of Dublin, in the County of Laurens, and to reincorporate said City and define its territorial limits, and for other purposes, approved March 31, 1937 (Georgia Laws 1937 Pages 1771-1818) and all Acts amendatory thereof; by amending Section 17 of Article III of said Act, which provides for the appropriation of ad valorem tax revenue to the general government and the public school system of said City, provides for the support of the said City's public schools by an appropriation therefor out of the school taxes levied and collected therein; by adding to said section proviso requiring an annual budget of all expenses and expenditures for the support and maintenance of said public school system, showing all income or anticipated income for the school year, and providing that the appropriations for the support and maintenance of the said City's public schools shall be made on the basis of such budget; to prescribe 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 same as follows: Section 1. That Section 17 of Article III of the Act to create a new Charter for the City of Dublin, in the County

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of Laurens, and to reincorporate said City, and define its territorial limits, and for other purposes, approved March 31, 1937 (Georgia Laws 1937, Pages 1771-1818), appearing on pages 1810-1811 of Georgia Laws 1937, which provides for the appropriation of ad valorem tax revenues to the general government and the public school system of said City, provides for the support of the said City's public schools by an appropriation therefor out of the school taxes levied and collected therein; be amended by adding to said section the following provisos: Act of 1937 amended. All appropriations for the support of the public school system of said City, and all payments of money to the City Board of Education for said purpose, shall be made on the basis of an annual budget prepared and submitted to the Mayor and Board of Aldermen by the Board of Education. This budget shall contain an itemized and detailed statement of all expense and expenditures for the support and maintenance of the public school system, and all departments thereof, for and during said year; and shall include the names and salaries of the superintendent, all professors, teachers, officials and other employees of the Board of education or public school system, which are to be paid or have been contracted for; and include all other items of expense of every kind and character, wherever possible of ascertainment, and when the exact amounts cannot be anticipated, a true estimate of such expenses or expenditures shall be stated. The said budget shall also show as definitely as possible the anticipated income or allotments from all State and Federal school funds, and the anticipated income or revenue from any and all other sources, including tuition and other fees. For comparative purposes it shall likewise show all income and expenditures for the preceding year for the entire school system, including all departments thereof. The said budget shall be signed and certified to by the members of the Board of Education, or a majority thereof. Annual school budget.

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Based on a budget prepared and submitted as hereinbefore provided, and after approval thereof by the Mayor and Board of Aldermen, they shall supplement the other school funds and revenues by appropriating and paying over to the Board of Education such sum or sums as are necessary for the efficient operation, maintenance and support of the public school system of said City for a full nine months term. The said appropriations shall be made from and paid out of the school tax which is authorized to be levied and collected by the Charter of said City, or so much thereof as the Mayor and Board of Aldermen in their discretion may deem necessary for the support of said schools as aforesaid. Payment of deficiency by city. Section 2. Be it further enacted by the authority aforesaid, that this Act shall become effective July 1, 1941. 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 27, 1941. DUBLIN TAX COMMISSIONER. No. 463. An Act to amend the Act entitled an Act to create a new Charter for the City of Dublin, in the County of Laurens, and to reincorporate said City and define its territorial limits, and for other purposes, approved March 31, 1937 (Georgia Laws 1937 Pages 1771-1818) and all Acts amendatory thereof; by repealing Section 5 of Article III of said Act, which provides for a board of three tax assessors and prescribes their duties, compensation, and other provisions regarding tax assessments; to enact a new section in lieu of the section hereby repealed, and providing therein for a Tax Commissioner to make tax

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assessments on all real and personal property in said City, prescribing other duties for said Tax Commissioner, providing for appeal from his decision on any tax assessment; providing for his compensation; to amend Section 6 of Article III of said Act by inserting after the words deputy marshal in line ten of said section the words or Tax Commissioner; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of same, as follows: Section 1. Section 5 of Article III of the Act to create a new Charter for the City of Dublin, in the County of Laurens, to reincorporate said City and define its territorial limits, and for other purposes, aproved March 31, 1937 (Georgia Laws 1937, pages 1771-1818) appearing on Pages 1800-1801 of Georgia Laws 1937, which reads as follows: Sec. 5, art. 3 of act of 1937 repealed. Section 5. Tax Assessors, Board of. The value for taxation of all real and personal property in said city subject to taxation shall be determined by three disinterested freeholders of said city, to be elected annually by the Mayor and board of Aldermen, who shall take an oath to assess all property in said City at a fair market value, to the best of their skill and knowledge. And should they desire to raise or decrease the value of personal or real property from that given in by the taxpayer, they shall give written notice, directed to the persons whose taxes they desire to increase or decrease, to be served personally by the marshal or deputy marshal, evidence of which shall be his entry of service thereon, or by mail, of the date, the place and the hour that he may, if he so desires, appear before the board of tax assessors to offer any objections that he bight have to the increase or decrease of the value of personal or real property, before same is presented by the Board of Tax Assessors to the mayor and board of aldermen for ratification,

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or to be ratified by them. In case any property holder or tax payer shall be dissatisfied with any assessment so made by assessors, he may appeal to the mayor and board of aldermen, who shall review the same, and whose decision thereon shall be final. Said assessors shall be paid out of the city treasury such compensation for their services as may be fixed by the mayor and board of aldermen, the same not to exceed the sum of three dollars per day to each, for every day actually engaged in said work; be, and the same is hereby repealed. Section 2. Be it further enacted by the authority aforesaid, that the said Act to create a new Chater for the city of Dublin, be and the same is hereby further amended by substituting, in lieu of the Charter provisions and section above repealed, a new section of said Charter to be hereafter known as Section 5 of Article III, providing as follows: Act of 1937 amended. Section 5. Tax Commissioner. The value for taxation of all real and personal property in said City subject to taxation shall be determined by a Tax Commissioner, who shall be a resident and freeholder of said City, and shall be elected bi-annually by the Mayor and Board of Aldermen at the same time that the other officers and employees of said City are elected, and shall serve for a term of two years and until his successor is elected and qualified, unless removed for cause in the same manner that other city officers and employees may be removed. Tax commissioner. Election. The Tax Commissioner shall examine all the returns of both real and personal property of each taxpayer, and if in the opinion of the Tax Commissioner any taxpayer has omitted from his returns any property that should be returned or has failed to return any of his property at a just and fair valuation, the Tax Commissioner shall correct such returns and shall assess and fix the just and fair valuation to be placed on the property and shall make a note thereof

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on the returns or attach the same to the returns. It shall be the duty of the Tax Commissioner to see that all taxable property within the City is assessed and returned at its just and fair valuation and that valuation as between the individual taxpayers are fairly and justly equalized so that each taxpayer shall pay as near as may be only his proportionate share of taxes. When any such corrections, changes and equalizations shall have been made by the Tax Commissioner, the Tax Commissioner shall immediately give notice to any taxpayer of any changes made in his returns, either personally or by leaving same at his residence or place of business, or, in case of nonresidents of the City, by sending said notice through the United States mails to his last known place of address. This notice shall be served by the marshal or deputy marshal of said City, except in case of mailed notices to nonresidents. The Tax Commissioner shall fix regular office hours, which shall be stated in said notice, for hearing complaints, and any taxpayer dissatisfied with the action of the Tax Commissioner, may within five days from the receipt of such notice in case of residents, and within ten days in case of nonresidents, appear before and be heard by the Tax Commissioner as to any objection, protest or other cause why such increase, equalization or change in the valuation of his property should not be made. When the Tax Commissioner has completed the valuations and assessments on all tax returns as herein provided, he shall report same to the Mayor and Board of Aldermen for their approval and ratification. Duties. If any taxpayer is dissatisfied with the final action of the Tax Commissioner, he may within ten days thereafter appeal in writing to the Mayor and Board of Aldermen by filing such appeal with the City Clerk, and may appear before and be heard by that body at the next regular meeting after the filing of such appeal, or at such other time as the Mayor and Board of Aldermen may fix; and it shall be their duty to carefully review the valuations and assessments

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made by the Tax Commissioners and either approve, decrease or otherwise change same; and the decision of the Mayor and Board of Aldermen thereon shall be final. Appeal from commissioner's decision. In addition to his duties as tax assessor, the Mayor and Board of Aldermen may be proper ordinance authorize and empower the Tax Commissioner to collect taxes and executions for taxes or other money due the City; to advertise and conduct sales of property under tax executions or other process, execute deeds, and other conveyances provided by law in such cases; and perform such other services as the Mayor and Aldemen shall by ordinance prescribe in connection with the assessment, levy and collection of ad valorem taxes, special taxes and licenses. Other duties. The Tax Commissioner shall be paid such compensation for his services as may be fixed by the Mayor and Board of Aldermen. Provided however, that nothing herein contained shall prohibit the Mayor and Board of Aldermen from consolidating and combining the offices of city marshal, deputy marshal and Tax Commissioner, and electing the same person to fill all or any two of said offices. Provided further, that nothing herein contained shall prohibit the Mayor and Board of Aldermen from consolidating and combining the offices of city clerk and Tax Commissioner, and electing the same person to fill both offices. Provided further, that the Mayor and Board of Aldermen are expressly authorized to adopt either one of the foregoing alternatives if in their judgment they deem such action to be for the best interest of the City government. Compensation. Section 3. Be it further enacted by the authority aforesaid that Section 6 of Article III of the Act to create a new Charter for the City of Dublin, appearing on Page 1801 Georgia Laws 1937, be, and the same is hereby amended by adding after the words deputy marshal in line ten the words or tax commissioner so that said section as amended shall read as follows:

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Section 6. The mayor and board of aldermen shall have the power to issue tax executions against all persons who have not paid their taxes by the time fixed and defined by ordinance. All tax executions and special licenses issued by the City of Dublin or the mayor and the board of aldermen or any and all process for the collection of taxes or money due the City of Dublin shall be signed by the clerk and issued by the clerk of the said mayor and board of aldermen of the City of Dublin. And it shall be the duty of the city marshal or deputy marshal or tax commissioner to levy and collect all executions for taxes or other money due the city; to advertise and conduct all sales of property under execution or other process, execute deeds, and other conveyances usual in such cases, and perform such other services as the mayor and aldermen shall by ordinance require. Provided that nothing herein contained shall prevent the mayor and aldermen from consolidating and combining the offices of chief of police and city marshal, and electing the same person to fill both offices. Collection of taxes. Section 4. Be it further enacted by the authority aforesaid, that this Act amending the Charter of the City of Dublin as aforesaid, shall become effective immediately upon its enactment by the General Assembly and approved by the Governor. Effective date of this 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 March 27, 1941.

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DULUTH TAXESREFERENDUM. No. 394. An Act To amend an Act entitle An Act to create a new charter for the Town of Duluth, in the County of Gwinnett; and to consolidate and declare the rights and powers of said corporation; and for other purposes as found on pages 712-727 inclusive, Acts of 1906, and approved August 21st, 1906. Section 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 27 of said Act is hereby stricken, and in lieu thereof is inserted the following to be known as Section 27: Section 27. Be it further enacted, That said Town Council shall have the power to control the finances and property of the town, to appropriate money and provide for the payment of debts and expenses of the corporation. To that end, and for the purpose of raising revenues to defray the ordinary current expenses incident to the support and maintenance of the town government, the said council shall have full power and be authorized to levy and collect and ad valorem tax upon all the property, both real and personal, in the corporate limits of said town, not to exceed one per cent (1%), but when that amount is deemed insufficient said council shall have authority to levy an additional tax in the mode and manner provided by the Constitution and the laws of the State of Georgia. Taxes. Section 2. The provisions of this act shall not become operative as an amendment to the charter of the Town of Duluth until the same shall be submitted to the voters of said town qualified to vote for Mayor and Council, and approved by a majority of those voting at said election. The election shall be called by the Mayor and Council, who shall advertise the same for at least 30 days preceding the election by posting typewritten or printed copies of this act

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in three public places in said town, and a copy shall be kept during such period at the place where the public records of the town are located. The ballots shall be provided by the Mayor and Council and shall have written or printed thereon: Referendum. In favor of authorizing the Council of Duluth to levy and collect an ad valorem tax on all property, not to exceed one (1) per cent. or additional tax. Against authorizing the Council of Duluth to levy and collect an ad valorem tax on all property, not to exceed one (1) per cent. or additional tax. The result of the election shall be declared by the Mayor and Council of said town, and entered on the minutes of the clerk of Duluth. Only one election may be held under the provisions of this act, and the result thereof shall be final. Should a majority of those voting at said election not be in favor of this amendment it shall be null and void. 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 27, 1941. EAST ELLIJAY CITY CHARTER. No. 459. An Act to incorporate and establish the city of East Ellijay, in the county of Gilmer; to declare the rights, powers, and privileges of said 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 the name of the corporation shall be the City of East Ellijay, and by such, its corporate name,

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it shall have perpetual existence, shall sue and be sued, plead and be empleaded, and do all other acts relating to its corporate capacity. It shall have and use a common seal, and shall succeed to all the rights and liabilities of the town of East Ellijay. City of East Ellijay incorporated. Section 2. Be it further enacted, That the corporate limits of said city of East Ellijay shall extend one-half mile, air line, due east; one-half mile, airline, due south; one-half mile, air line, due west; and due north to the city limits of the city of Ellijay, from the intersection of the street leading from the new Post Road by the rear of the East Ellijay Baptist church with the old Ellijay and Jasper public road at a point near the old W. H. Foster home. The east line shall run due north and south for a distance of one mile; the south line shall extend one mile and run due east and west; the west line shall run due north and south and shall extend from the south-west corner of said city of East Ellijay to the city limits of the city of Ellijay; the north line shall run from the northeast corner of the city of East Ellijay and run due west until it reaches the city limits of the City of Ellijay and then follow the corporate limits of said city of Ellijay to the northwest corner of the city of East Ellijay. Corporate limits. Section 3. The municipal government shall consist of a mayor and four aldermen, elected from the city at large, and such other officers, servants, or agents hereinafter enumerated as said mayor and aldermen shall, from time to time, lawfully elect or employ, shall be elected as herein after provided. Officers of the municipal government. Section 4. The mayor and aldermen shall constitute the board of council, and shall be the supreme governing body, exercising all the powers herein conferred upon the corporation, and, not otherwise specifically delegated. City council. Section 5. Election for mayor and aldermen shall be by the vote of the people, under the regulations hereinafter

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prescribed, and shall be held on the first Saturday of December bi-annually. The present mayor and councilmen of the town of East Ellijay shall continue in office for the term for which they were elected and qualified, and until their successors in office are elected and qualified. The first election hereunder shall be held on the first Saturday in December, 1942, at which time a mayor and four aldermen shall be elected, and bi-annually thereafter, and the mayor and aldermen so elected shall qualify, and enter upon the discharge of their respective duties on the first day of January following their election, The mayor shall receive such reasonable salary, not more than $24.00 per annum. The board of council shall at regular meeting of their body, in the month of November, preceding the municipal election for mayor, fix the salary of the next succeeding mayor, and his salary shall neither be increased, nor diminished, during the term of office. He shall have authority: Election. Salary. (1) To preside over any and all meetings of the board of council, but not to vote therein, except in elections, impeachments and in case of a tie. Mayor, authority. (2) To call special meetings of the board of council whenever he may deem same necessary: provided, he shall be required to call a meeting of said board of council, whenever three aldermen shall so require in writing. (3) To have general oversight over all executive officers, employees or servants of the city and in case of misconduct or neglect of duty on the part of any such officers, employees or servants, he shall have power to suspend him, pending investigation by the board of council. (4) To preside in the police court of said city, and to exercise all of the rights, privileges and powers hereinafter conferred upon the presiding officers of the said city. (5) To pardon offenders against the city ordinances, and to suspend, reduce, or vacate any sentence of the police

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court of the said city, whether imposed by himself or the mayor pro tem., or any alderman presiding in said court, under the provision of this Act. (6) To exercise all other powers conferred upon him by this Act, or which may hereafter be conferred upon him by ordinances of the said board of council, not in conflict with this Act. Section 6. In the event the mayor or any alderman shall, without providential hindrance, fail to qualify and enter upon the discharge of his duties within five days after the said date, the board of council shall immediately declare a vacancy in said office, and call an election to fill said vacancy. Such special election shall be held at the regular holding places in the city as in case of regular elections, and shall be held within fifty days after such vacancy shall occur, and shall be advertised for four weeks in a newspaper having general circulation in said city. In all other respect the rules governing regular elections shall apply to such special elections. Vacancy in office. (1) In the event of the resignation of the mayor, or any aldermen, the board of council shall, after accepting the resignation, call an election to fill said vacancy caused thereby, for the unexpired term as herein before prescribed. (2) The board of council shall provide by ordinance for the impeachment and trial of the mayor or any aldermen, who upon conviction of malpractice in office, or of wilful neglect or abuse of the powers and duties of same, shall, by three-fifths vote of the whole body (the mayor voting except in case of his own impeachment) be dismissed from office, and the resulting vacancy be filled as hereinbefore described. Impeachment. (3) The mayor and aldermen shall, during their term in office, be exempt from street tax. Mayor and council exempt from street tax.

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(4) The mayor pro tem shall be elected by the board of council bi-annually, who shall preside over all meetings of the board of council in the absence, disqualification or disability of the mayor, and shall exercise all the powers and perform all of the duties of the said officer, when notified by the mayor of his intended absence from the city, or disqualification or other disability. Mayor pro-tem. (5) In the event of the absence of both the mayor and mayor pro tem from any meeting of the board of council, an alderman may be chosen to preside over such meeting. (6) The board of council constitute the legislative part of the city government, and as such, no less than the mayor, it shall be their duty to exercise a watchful care over all the city's interests, and more especially to initiate and propose such municipal legislation as to them may seem proper and needful. All meetings of the board shall be open to the public. (7) Said board of council, or its presiding officer shall have power to punish for contempt by a fine not to exceed ten dollars, or imprisonment in the city prison for not longer than ten days, or both, and, in this connection, to pass all ordinances deemed proper in the premises; shall have power to establish parliamentary rules for the orderly conduct of business, and shall, before entering upon the discharge of their duties, each take and subscribe the following oath, before the mayor or other officer authorized to administer same: I do solemnly swear (or affirm) that I will faithfully and uprightly demean myself as mayor (or alderman, as the case may be), of the city of East Ellijay during my continuance of office; that I will, to the utmost of my skill and ability, promote the interest and prosperity of said city; that I will not wilfully or knowing use or be the cause of using tyrannical means towards any citizen or citizens thereof, so help me God. Power of council. Oath.

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(8) No ordinance adopted by the board of council shall go into effect until it shall have been approved by the mayor, or passed over his veto, as hereinafter provided; all ordinances or resolutions appropriating money shall likewise require the mayor's approval before becoming operative. Mayor must approve or veto ordinances. Section 7. Be it enacted, That the board of council have the right to fix such salaries for the aldermen as it shall see fit, not to exceed twelve dollars each per annum, which salary shall not be increased or decreased during their continuance in office. Said salaries to be fixed at a regular meeting in the month of November preceding each regular election. The board of council shall be further authorized to employ such help as may be necessary to the proper conduct of the several city enterprises, and who shall receive such compensation as may be fixed by the board of council, who shall be subject to be removed without notice, and to employ and appoint such other officers as may be hereinafter provided, or as the city council may see fit. Compensation. Section 8. The board of council, on the first day of January after their election, or at the first meeting thereafter, shall elect a city clerk, who shall be ex-officio tax collector and treasurer, who shall hold office for two years and until his successor is elected and qualified. The said city clerk and treasurer shall receive a salary not to exceed sixty dollars per year, which compensation shall remain the same during the term of office, aldermen, when not otherwise prohibited by law, but not the mayor, shall be eligible to election as clerk and treasurer. The said clerk and treasurer, shall give a satisfactory bond, to be approved and fixed by the board of council, in a sum not less than five hundred dollars, and shall discharge the duties hereinafter prescribed, or which may be required of him by ordinances of the board of council, and shall, before entering upon the discharge of his duties, take and scribe the following oath: I do solemnly swear or affirm, that I will faithfully discharge my duties as city clerk and treasurer of the city of East Ellijay, during

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my term of office, to the best of my skill and ability, so help me God. The cost of all surety bonded officers of the city shall be paid out of the city treasury. City clerk. Bond. Oath. Section 9. A vacancy in any office other than the mayor and aldermen, shall be filled by the board of council. Vacancies. Section 10. Any citizen of the city of East Ellijay who is a qualified voter therein, shall be eligible to hold any municipal office. Qualifications of officeholders. Section 11. All officers shall at all times be subject to the jurisdiction of the council, and amendable to their discipline, and may be fined or removed by a majority vote of the entire body (the mayor voting) for any cause that may seem just and proper, after a fair opportunity to be heard. Officers subject to jurisdiction of council. Section 12. All officers elected by the board of council or otherwise shall take and subscribe an oath to properly perform their respective duties, and may be bonded as the board of council shall by ordinance prescribe. Oath. Section 13. Neither the mayor, nor any alderman, or any other officer of the city of East Ellijay, shall be interested, directly or indirectly, in any contract made by the city nor receive directly or indirectly, any profit or emolument from the purchase or sale of any material or other articles paid for, out of the public revenues, or for which the city becomes responsible. City officials can have no interest in purchases. Section 14. All elections both regular and special, shall be conducted in accordance with the following regulations: (1) All elections shall be held at the place now fixed for holding elections in the town of East Ellijay, or at such other polling place or places, as the board of council may by ordinance prescribe; provided, that before the polling place shall be changed or a new polling place be established, the ordinance prescribing such change shall, after its passage, be posted for four weeks by the mayor, at the public

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places within the city of East Ellijay, and until said ordinance has been so posted and the mayor has certified the same, all elections shall be held at the former polling place. Election regulations. (2) The board of council shall designate three managers, each of whom shall be a qualified voter and freeholder of said city, and who shall each take and subscribe the following oath: All and each of us do swear that we will faithfully manage this day's election, that we are freeholders and voters in said city, that we will make a just and true return thereof, and not knowingly permit any one one to vote, unless we believe he is entitled to do so, according to the laws of the city, nor knowingly, prohibit any one from voting who is so entitled by law, and we will not divulge for whom any vote was cast, unless called on oath by law to do so, so help me God. Said oath may be taken before the mayor, or any officer authorized by law to administer oaths, or the managers may swear one another. In case any manager appointed by the board of council shall fail or refuse to act, the mayor, or in his absence, the mayor pro tem, or any alderman may fill such vecancy. Election managers. Oath. (3) The votes shall be given by ballots and secretly the managers shall keep two lists of those voting in said election, and shall number the names in the order of voting, each ballot shall be numbered before being deposited in the ballot box. Two tally sheets shall also be kept. Ballots. (4) The polls shall be open from eight o'clock A. M. to six o'clock P. M. (Standard time). The managers shall receive such compensation as may be fixed by ordinance for holding elections; not to exceed two dollars each. Polls to open at 8:00 A. M. and close at 6:00 P. M. (5) The count may begin at any time, unless a candidate in person, or by written authority objects, in that event the count shall not begin until the polls close. Count to begin, when. (6) The mayor shall require the marshal to preserve

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order in and about the polling places and shall provide a sufficient number of policemen for the purpose. (7) When any voter is challenged, that fact shall be written opposite his name on the list, and also on his ballot, and he shall be required to take the following oath: I do solemnly swear that I am a citizen of the United States and of the State of Georgia, that I have attained the age of 21 years, and resided in the State for one year, and in the county of Gilmer and in the city of East Ellijay for six months next preceding this election, that I have paid all taxes which, since the adoption of the present constitution of this State, have been required of me, and which I have had an opportunity to pay agreeably to law, except for the year in which this election is held, and that I have not voted before at this election, so help me God. Any voter who shall refuse to take the foregoing oath, when challenged, shall have his ballot rejected. Vote challenged. (8) When the votes have been counted, there shall be a certificate signed by all of the managers, stating the number of votes each person or question, as the case may be, voted for or upon, received, and each list of voters and tally sheet shall likewise bear the signatures of the managers. The oath of the managers, their certificate, and tally sheet and one list of the voters, shall be sealed in an envelope, and delivered to the city clerk, who shall preserve same safely, and unopened until the next regular or special meeting of the board of council, the board of council shall receive said returns, and declare the results of said election by resolution entered upon the minutes. Election results declared. (9) The remaining papers pertaining to said election, with the ballots, shall be secretly sealed and delivered to the Clerk of the Superior Court of Gilmer county, who shall keep them safely and unopened, until after the next session of said court, and if they be not then called for by lawful authority, shall then destroy same without breaking the seal.

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(10) Primary elections in said city shall be entitled to full protection against illegal voting, and shall be governed by the rules applicable to regular elections, except that they be called by and returns made to persons or committees designated for the purpose, and other rules not inconsistent which may be adopted for same. Section 15. Be it further enacted, that all persons qualified to vote for members of the General Assembly in the county of Gilmer, and who shall have resided within the jurisdictional limits of the city of East Ellijay for six months next preceding the election and who is a registered voter in said city, shall be entitled to vote at any election. And no person possessing said qualifications, above enumerated in this section, and whose name appears on the list of registered voters, for said city of file in the office of the clerk of said city, shall be denied the right to vote at any election. Voters' qualifications. Section 16. Be it further enacted, That there shall be established in the city of East Ellijay created by this Act a permanent registration system of the qualified voters of said city: (1) Within ninety (90) days after the approval of this Act, the mayor and aldermen of said city shall provide a suitable book for the permanent registration of qualified voters of said city. On or near the first page of each of such permanent registration books shall be printed or placed the oath prescribed by subsection (3) of this section. In order that orderly registration may be had and full and complete information made available to the registrars hereinafter provided, separate books for the white and colored races may be provided; and all such books shall be so arranged as to provide for the alphabetical registration (by first letter of surnames only) of voters; and to provide convenient lines and columns for the signatures of voters, followed by notations of the age, sex, race, residence, occupation,

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and date of registration of each voter, and such data as may be required by the ordinances of said city. Registration system to be provided. (2) The clerk of said city 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 thirty (30) 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 Gilmer 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 city. (3) 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 years of age (or will be by the time of the next city election) and possess all the qualifications necessary under the Constitution of the State of Georgia and to entitle me to vote for members of the General Assembly from the county of Gilmer, and that I have bona fide and continuously resided in the city of East Ellijay, as a citizen thereof, for six months (or will have by the time of the next city 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 the age, sex, race, etc., of each person registering. (4) No person registering as herein provided shall be required to register again as a qualified voter of said city so long as he or she remains a resident of said city and does not otherwise become disqualified, it being the purpose of this section to provide a permanent registration of the qualified voters of said city.

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(5) Whenever any election is to be held in and for said city, the said registration books are to be closed thirty days before said election and delivered to the mayor of said city, who shall, with the advice and consent of the aldermen, appoint three persons as registrars. Said registrars shall be residents of said city, and before entering on the duties as registrars shall be sworn to faithfully and impartially perform the duties of their office. It shall be the duty of said 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 city, or who have registered less than thirty (30) days before the date of such election, or who are otherwise disqualified for any lawful cause; Provided, however, that they shall not exclude the name of any registered person, who is still a resident of said city, from said list as disqualified, without first serving 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 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 registrars shall strike from the permanent registration books and from the voters' lists the names of all persons found to be deceased or disqualified to vote. Thereafter they shall prepare three (3) identical lists of the voters qualified to vote in said election, and certify the same. One copy shall be retained and two (2) copies shall be filed with the clerk of said city, one of which shall be

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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 registrars shall complete said lists at least two days before said election. Registration books. (6) No person shall be allowed to vote in said election whose name does not appear on the list certified by the registrars, unless he shall produce a certificate signed by a majority of the registrars, that his name was omitted therefrom by accident or mistake. (7) The mayor and aldermen shall fix by ordinance the compensation to be paid by the city to such registrars. Section 17. Any person who shall vote illegally at any election herein provided for, shall be guilty of a misdemeanor, and shall be punished as prescribed in section 1039 of the Georgia Code of 1895. Illegal voting. Section 18. There shall be a city police court, which may sit at any time at the pleasure of the mayor or other presiding officer, and which shall hold regular sessions at such time as may be fixed by ordinance. The mayor shall be the presiding officer of said court, and may prescribe rules for the orderly conduct of its business, not in conflict with the laws of the State, or the ordinances of the city. In the event of the absence of the mayor or the disability of the mayor or mayor pro tem any alderman designated by the mayor or mayor pro tem shall preside, and while presiding shall be vested with power and authority of the mayor in said court. Police court. (1) Said police court shall have authority and jurisdiction to try and punish all offenders against the law or ordinances of the city of East Ellijay, committed within the corporate limits thereof and to punish for the violation of such laws and ordinances by inflicting such punishment as may be prescribed by ordinance under the authority herein

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after provided. When there is no justice of the peace or ex-officio justice of the peace having an office in the city or when said officers are absent from the city, the jurisdiction of said court shall extend to the investigation of any offense against the penal laws of the State, when such offense is alleged as having been committed within the city, provided such charges shall have been entered upon the docket of said court, and in all such cases the officers of said court shall be entitled to receive and collect the same costs as are allowed to the justice of the peace and constables for like service. Authority and jurisdiction of police court. (2) The mayor or other presiding officers of said court shall have power to impose fines and inflict punishment for the violation of valid laws and ordinances of the city of East Ellijay within the limits prescribed by law, and said mayor or other presiding officers shall also have the same power as judges of Superior Courts of this State, to punish for contempt by fine not to exceed ten dollars, and imprisonment in the city prison, not to exceed ten days, either or both of said punishments in the discretion of the court: and said punishment in the alternative. Said mayor or other presiding officer of said court shall also have authority to commit and bind over persons on trial before him for violations of city laws and ordinances, whenever it shall develop on the trial that a State law has been violated. (3) The presiding officer of siad court shall have authority to administer oaths whenever necessary in the conduct of any investigation before him. The mayor shall have authority to administer any oath required by this Act, or by the ordinances of the city. Oaths. (4) Said police court shall be a court of record, and there shall be kept a docket on which shall be entered the names of all accused persons, in charge, the name of the informer or prosecutor, and the sentence of the court of judgment. In each case where a violation of a city ordinance

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is charged it shall be the duty of the officer making the arrest to prefer charges in writing, setting forth the offense charged, in substantially the following form: I, (marshal or policemen, as the case may be) of the city of East Ellijay in the name and behalf of the citizens in said city, charge and accuse.....with the offense of....., for that said....., in said city on the.....day of....., did.....contrary to the laws of said city, the good order, peace and dignity thereof, which accusation shall be signed by the officer prefering same, and with the docket entry shall be sufficient authority for holding the accused person until final trial. A copy of said accusation shall be furnished to the accused at least six hours before said trial, unless copy is waived by him, and accusation stating the nature of the charge substantially in the language of the ordinance claimed to have been violated shall be held to be sufficient, but in case any accusation shall be held to be defective, a new accusation shall be drawn instanta, and the defendant shall be required to plead thereto. All accused persons shall have the right to cross examine witnesses, to introduce evidence in their own behalf and to be represented by counsel, provided it shall not be necessary to appoint counsel to defend persons who cannot employ same. The rules of evidence applicable to trials in the State courts, shall apply to said police court. Police court to be a court of record. Accusation and trial. (5) Said court shall have the power to compel the attendance of witnesses in all proceedings, and of persons charged with offenses, by subpoena, or summons issued by the city clerk or the presiding officer of said court, and bearing test in the name of the mayor, or may require of either witnesses or defendants, bonds for their appearance. A process of said court shall be served by the marshal or any police officer of said city, and disobedience thereto shall be contempt. Said court shall have power and authority to

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issue attachments for contempt, and all other processes necessary to carry into effect its lawful judgment or order. Attendance of witnesses. (6) The ministerial officers of said court shall be the marshal and policemen of said city, to whom in the alternative all processes shall be directed. Ministerial officers. (7) The right of certiorari from the judgments of said court shall exist in all cases, and shall be exercised under the provisions of the laws of the State of Georgia in such cases made and provided. Right of certiorari. (8) The said court shall have power and authority to forfeit any bond for the appearance of any defendant or witness; provided, that ten days shall always elapse between the service of the scire facias, and the final judgment upon such forfeiture, (except in the case of cash bonds), same shall always be made returnable to a regular session of said court. In case of cash bonds, they may be forfeited by said court without notice, but in such case, if the principal shall appear within two weeks for trial, the mayor shall order said bond refunded, if said defendant shall satisfactorily show that his absence was caused by sickness or other unavoidable reasons. No ordinance shall be necessary to carry into effect the foregoing provisions; the presiding officer of said court shall frame all process in proceedings of this character, following, as nearly as may be practical, the forms and practice of the State courts. Power to forfeit bonds. (9) No person shall be tried for any offense against the ordinances of said city unless the prosecution shall be commenced within twelve months from the date of the alleged offense; provided, that if the offender, or the offense is unknown, or the offender shall conceal himself or abscond from the city, such time shall not be computed as a part of such limitation. Trial in police court must be within 12 months. (10) All fines and forfeitures in said police court to be paid into the treasury immediately upon being collected, and

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may be expended and appropriated as other funds of the city. No officer shall have claim upon said funds for insolvent costs. Fines and forfeitures. (11) In the event of the forfeiture of any bond, it shall not be necessary to serve the principal therein, unless he can be found in the city of East Ellijay. Service upon any surety out of said city may be made and perfected by any sheriff or deputy sheriff of said State, who are required to serve such process, and if the residence of such surety be known, the court may order service by publication in the newspaper in which the marshal's advertisements are published, once a week for two weeks being sufficient. The said court shall have power to force the collection of any money, judgment or fine by execution directed to the marshal and policeman of said city and the sheriffs and deputy sheriffs of said State, and otherwise substantially in the form of county court executions. Service in case of forfeiture of bond. (12) The city clerk shall be clerk of said police court, and shall issue and sign any and all process not specifically required to be signed by the presiding officer, all of which shall bear test in the name of the mayor. City clerk to be clerk of police court. (13) Persons sentenced to labor by said police court shall be compelled to work at labor on the streets, sidewalks or other public work of said city under the direction and control of the officer of such work. The board of council may make and establish all necessary and reasonable rules and regulations governing the city chaingang. City chaingang. (14) The said police court may enforce the collection of any fine by execution, or by imprisonment, or by alternate sentence, in the discretion of the presiding officer. (15) The marshall and other officers of the said city shall have power and authority to arrest without warrants persons accused of violations of the city laws and ordinances, where such offences are committed in the presence of

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the arresting officer, or the accused person is endeavoring to escape or a warrant cannot be procured in a reasonable time. In all other cases, application shall be made to either the mayor or the mayor pro tem for a warrant which shall be issued in accordance with such valid ordinances as may be passed by the board of council relating thereto. The marshal or other arresting officer shall require of such accused person a good and sufficient bond, conditioned for his appearance at the next session of said police court, to answer the charge brought against him, but in cases not involving a breach of the peace, or a possible violation of a State law, the marshal may, in his discretion, release the defendant upon his own recognizance, in which event a verbal summons shall be sufficient to require and compel the attendance of said defendant. Authority to arrest without warrants in certain cases. Section 19. The police force of the city shall consist of a marshal. Said marshal shall take such oath and give such bond as shall be required by ordinance and receive such compensation as may be fixed by the board of council. Emergency police may be appointed by the mayor or elected by the board of council, to serve temporarily during such time as the mayor, or mayor and aldermen may deem necessary, and shall receive such compensation as the board of council may fix. It shall be the duty of the police officer to make arrests in the manner prescribed by the law of persons charged with violations of the law, and ordinances of the city, or penal laws of the State, to prosecute offenders in the police court, and, when necessary, in the State courts, and, in general, to preserve good order and enforce law throughout the city as to perform any and all duties required of them by ordinance. They may be suspended for failure to perform any duty by order of the mayor, and if the charges be sustained they may removed by the board of council. Police court marshal. Section 20. Said city of East Ellijay shall have power to establish a complete system of drainage for the health and

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comfort of its inhabitants, and shall have the entire and absolute control and jurisdiction of all soil pipes, private drains and sewers, water closets, privies, privy vaults, dry wells, and cess pools in said city, with full power to prescribe their location, 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 the city, with full power to require the change or total discontinuance of any such contrivances or structures as may now be in existence or hereafter allowed. Power of city to establish drainage system. (1) The board of council, may by ordinance, require and compel connections to the sanitary sewers in all instances where there is a public sewer within three hundred feet of the building or structure for which such connections is required. Sanitary sewers (2) The city of East Ellijay shall have power and is hereby empowered to condemn property for drainage purposes within the corporated limits, and pay the owner of said property the damages incident to such condemnation, The city shall proceed in accordance with the law of the State now in force, and hereafter enacted governing the condemnation of property for public use, and the fact that the property sought to be condemned may be owned and used by a corporation itself entitled to exercise the right of eminent domain shall be no bar to such condemnation. Power to condemn property for drainage purposes. Section 21. The board of council may prescribe punishment for violation of city laws and ordinances by a fine of not exceeding two hundred ($200.00) dollars, or by imprisonment in the city prison for a term of not more than twenty days, either or both at the discretion of the trial court, or by imprisonment at labor on the streets, sidewalks or other public work of said city not to exceed one month, which punishment may be imposed in the alternative. Punishment for violation of city ordinances. Section 22. The board of council may prescribe by ordinance the method of abating nuisances, may define what

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shall constitute a nuisance, and require any nuisance to be abated in a summary manner at the expense of the person causing the same, or the owner of the premises whereon it shall exist. The jurisdiction to try and determine all such proceedings shall vest in the police court, and the execution herein provided for shall issue from said court as other executions thereof. Nuisances. Section 23. Be it further enacted, That in case the mayor, any aldermen or sworn or bonded officer of the city of East Ellijay, while in office shall be guilty of malpractice in, or abuse of said office, or misappropriation of public funds, he or they shall be subject to indictment in the Superior Court of Gilmer county, and on conviction thereof shall be punished as prescribed by law for such offenses and more-over shall be removed from office. Indictment and removal from office of city officials. Section 24. Be it further enacted, That it shall be the duty of the mayor and aldermen, to have a full and accurate record of all business transacted and all money received and disbursed, kept in the office of the clerk and treasurer of said city, open to inspection; to have published at the close of each year in a newspaper having circulation in the city, a full and complete financial statement showing all money received and disbursed by the city. Financial statement publication. Section 25. The city of East Ellijay shall have power and is hereby empowered to regulate the width, location, and grade of all streets, alleys, and sidewalks within the city, due regard being had for the original plan of said city, and shall have the further power to open, locate, and lay off new streets, alleys and ways within the city, to alter in any manner or to close and vacate any of the same. Power to regulate streets. (1) For the purpose of opening and laying off and new streets, alleys or ways within said city, or extending, altering or widening any of the streets, alleys or ways of the said city, or for any other public use, the city of East Ellijay is hereby empowered and authorized to condemn any property

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though the same may be owned by a quasi-corporation, and take the same for such use, and to pay the owner or owners of such property the damages incident to such condemnation. Said city shall proceed in accordance with the general laws of the State of Georgia in such cases. Section 26. Be it further enacted, That the mayor and aldermen of said city shall have power to grant franchises, easements, and rights of way, over, in and under and on the public streets, lanes, alleys, parks, and other property of said city on such terms and conditions as they may fix; provided, that no such franchise shall be granted for more than a term of twenty years, nor without compensation to said city, to be provided for in said franchise ordinance. Power to grant franchises. Section 27. Be it further enacted, That the said city of East Ellijay created by this Act shall have power and authority to establish, own and maintain and operate a system of water works, electric light plant, gas works and sewerage system, or any of them, for the purpose of supplying the inhabitants and the city as well as customers generally within the city limits and its suburbs, with water, lights, electricity, or gas for power purposes, sewerage, or any of them, and the mayor and aldermen of said city shall have full power and authority to do any and all things necessary for such purposes, to contract with any person for the purchase of land or premises and water rights, to be used in connection therewith, whether within or without the city, and if necessary to condemn the same as in this charter provided. Said mayor and aldermen shall have the authority to make contracts for the purchase of plants, machinery and appliances, and do any acts necessary in connection with the same not in conflict with the powers vested in the water, light, sewer and bond commission created by this Act for said city. Waterworks. Section 28. Be it further enacted, That a water, light, sewer and bond commission of the city of East Ellijay is

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hereby created, to be composed of three discreet and conservative business men of the city of East Ellijay, and who shall be owners of real estate located in said city, to be chosen by the mayor and aldermen of said city as follows: They shall, as soon after the passage of this Act as practicable, select from the citizens of East Ellijay three commissioners, one to serve one year and until his successor is elected and qualified, one for two years and until his successor is elected and qualified, and one for three years and until his successor is elected and qualified; and the successors of each of those first appointed shall hold their office for three years and until their successors are elected and qualified, and at the expiration of the term for which such successors are chosen his successor shall be elected and qualified, and at the expiration of the term for which such commissioners are chosen his successor shall be elected. The said commissioners shall handle and control such bonds as shall from time to time be turned over to them for the purpose of raising a sinking fund for the final redemption of the bonds of the city of East Ellijay, which may now exist or which may hereafter exist as well as provide for the payment of the interest which may become due on the present or any future bonds of the city of East Ellijay. Said commission may in its discretion upon obtaining good and sufficient security, loan to any solvent bank in this State any part or all of the said sinking fund as the same may accumulate, upon such favorable terms as they may secure; provided, that said loan shall not be contracted by it for less than three per cent. per annum, payable on the first day of December in each year, and which interest when so collected shall be applied by them to the payment of the interest annually accruing on the bonds of the city of Ellijay. Water, light, sewer and bond commission created. Section 29. Be it further enacted, That the city clerk and treasurer shall immediately after the appointment of said commission open an account on their books with said commission and shall pass over to said commission all taxes

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collected under existing laws, or which may be collected in the future, for the purpose of paying any bonded debt for the interest thereon, due by or against the city of East Ellijay and the mayor and aldermen shall pay over to said commission semi-annually a sufficient sum to pay the accruing interest and the amount required by law, to be held as a sinking fund for the final redemption of the entire bonded indebtedness of said city. Said commission shall have power to lend said sinking fund as provided in the preceding Section, and may in their discretion buy up the bonds of said city, or any of them, before their maturity, paying premium thereon in their wise discretion, and said mayor and aldermen shall each year appropriate a sufficient sum of money to defray the necessary expenses of the commission. Taxes for payment of bonded debt to be transferred to commission. Section 30. Be it further enacted, That said bond commission shall on the first day of December in each year submit a written statement sworn to by the members of said commission, to the city council, which statement shall give a full and accurate statement of all money in their hands and of the amount and maturity of the outstanding bonds of the city, and all other matters which go to illustrate the matter over which they have jurisdiction. Statement to be submitted to city council by bond commission. Section 31. Be it further enacted, That the said water, light, sewer and bond commission shall have power to elect annually the following officers, who shall hold their respective offices for one year, and until their successors are elected and qualified, unless removed therefrom by said commission, to-wit: A superintendent and engineer, and clerk (who may be the city clerk), to define the duties of each said officer, and to appoint such other agents and persons as may be necessary to carry on and operate said water works, gas and electric light plant, and sewer system, to fix the salaries and pay of such officers and employees, and to alter the same from time to time in their discretion; to manage and control the entire electric light plant, gas, water works and sewer system; to erect, alter and maintain fire plugs and

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public hydrants, poles and wires and lights in such places in the city limits as the mayor and aldermen may direct, and regulate the use thereof to supply the city with lights and water for fire protection and purposes, sprinkling the streets, flushing the sewers, and for lighting the streets, and for all purposes; to fix the price, time and place of payment for use thereof, to collect and spend the income of the electric light and water works system for the purpose herein named, and pay all surplus income and money received into the treasury of the city; to issue executions against tenants and landlords, jointly and severally, for light and water rents, due by them or either of them, to be levied and collected as other executions in favor of the city; to require payment in advance or at maturity as they may direct and in case payment shall not be made as required, to shut off the lights and water from buildings, places and premises, and to keep the same, at their discretion, shut off until the arrears are all paid with interest thereon shall be paid; and to make proper rules and regulations as they may see fit for the sale and distribution of the products of these plants. That said commissioners shall make no contract for the use of the water and lights for longer than two years, nor shall they by contract, limit or restrain their power, or that of their successors, or to modify or discontinue such as they may make, whenever in their judgment, it may be necessary for them to do so. The city clerk and treasurer shall be ex-officio treasurer and clerk of said board, and shall give bond in such sum as the board may require, payable to said board, Said board shall have the right to remove without cause any person appointed by them, and said commissioners shall make quarterly reports to the mayor and aldermen of all receipts and disbursements made by them, and of such other matters and things as they may see fit, or that the mayor and aldermen may require. The compensation of said commissioners, if any, shall be fixed by the mayor and aldermen of said city. Powers of bond commission.

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Section 32. Be it further enacted, That said commissioners shall be amendable to the mayor and aldermen of said city, and they shall be subject to be removed from office for neglect of duty or for malfeasance therein, on trial and conviction thereof by said mayor and aldermen. Bond commission to be amendable to mayor and council. Section 33. Be it further enacted, that the mayor and aldermen shall have authority to pass such rules and ordinances as they may see fit and proper for the protection and regulation of said commission, and shall have the right and authority to punish all persons for the violation of the same. Section 34. The said city of East Ellijay shall have power to pass and adopt any and all rules, ordinances and resolutions that may be deemed necessary and proper to the peace, security, welfare, health, good government and convenience of the city, and to punish for violations thereof as hereinafter provided: Power of city to pass peace and security laws. (1) All ordinances, before they shall pass, shall be read twice at separate meetings of the board of council, and on separate days; provided, that both readings of an ordinance may be had at the first meeting, regular or special, by unanimous consent, except ordinances and resolutions appropriating money for other than ordinary current expenses, which shall always be read twice, as herein provided, and the rule shall not in such instances be suspended. Ordinances how passed. (2) All ordinances and resolutions shall be signed by the officer presiding at the time of the passage thereof, and countersigned by the clerk. The fact of the first reading of any ordinance or resolution shall appear upon the minutes by reference to this title; Number of subject matter; after passage it shall be entered upon the minutes in full, and after approval the minutes of each session shall be signed both by the presiding officer and the clerk. (3) The mayor and aldermen may in their discretion

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have printed in a local paper a synopsis of the proceedings of each meeting of the council containing minutes considered, adopted and perfected, and how each alderman voted thereon, and to have printed every proposed change in an ordinance and every proposed new ordinance, except emergency ordinances or resolution between the same is proposed and the date of the adoption or defeat, provided same can be deemed reasonable by the council. Every application for the granting of a franchise shall be published by the applicant in a local newspaper at least ten days before final action by the board of council thereon. Application for franchise must be published in newspaper. (4) In addition to the minutes there shall also be a separate ordinance book in which all ordinances shall appear after passage and approved by the mayor, or over his veto which book shall be in the custody of the city clerk and at all times open to public inspection. Ordinance book. (5) When any ordinance or resolution shall have been passed or adopted by the board of council, the clerk shall within three days transmit to the mayor a certified copy of the same. If within five days thereafter the mayor shall approve such ordinance or resolution, same shall at once become effective, or operative, or if he shall allow more than five days to elapse without either approving or disapproving such ordinance or resolution same shall after such time become operative as if approved by the mayor. In the event the mayor shall disapprove any ordinance or resolution he shall return same to the next regular meeting of the board of council with his reasons therefor; and the said board of council shall proceed to vote upon the question whether such ordinance or resolution shall pass notwithstanding the disapproval of the mayor. If three-fourths of the entire board of council (the mayor not voting) shall vote in the affirmative such ordinance or resolution shall pass and become effective and operative, notwithstanding the disapproval of the mayor; and if the affirmative shall be less than three-fourths; same shall be defeated. Any member

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may demand that the roll be called when voting upon such questions, and in the event the exact vote shall always appear upon the minutes. Ordinances, Approval and veto. (6) The city clerk shall keep the minutes of the board of council and said minutes shall always show a fair and accurate record of the proceedings thereof. (7) Three aldermen (including the presiding officer but not the mayor) shall constitute the quorum of the board of council for transaction of any business or the passage of any legislation. Quorum. (8) Nothing herein shall affect the validity of any existing ordinances of the mayor and town council of East Ellijay until the same shall have been repealed hereafter. (9) The board of council may in their discretion, modify and publish the laws and ordinances of said city. Section 35. Said city shall have the right, power and authority, to move or remove or repair the pavement of the sidewalks of the city, fronting the business houses, and to assess all or any portion of the cost of the same against the owner of the property abutting on said sidewalks, according to frontage owned by them thereon. Power to repair pavement. (1) Said city may pave, grade, curb, macadamize or otherwise improve for travel or drainage any of the streets, alleys, or ways of the city fronting the business houses or repair same, and assess not exceeding one-half the cost thereof on the owners of the property abutting upon the sides of the streets, alleys or ways so improved, according to frontage. (2) Said city is hereby empowered to enforce the payment of assessments herein provided for by execution issued, levied and collected as herein prescribed in case of tax executions. Enforcement of assessments. (3) One publication in the official newspaper shall be

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sufficient notice to the property owners and others affected or personal notice may be served upon said property owners or others affected which publication or personal notice shall be had after the first reading before the final passage of such ordinance. Notice to property owners. Section 36. Said city of East Ellijay shall have the right, power and authority to assess, levy and collect the tax upon all property, real and personal, within the limits of the city, not to exceed one-half of one per centum ad valorem except in case of extraordinary emergency the mayor and council may by ordinance increase said tax rate to one per centum, to levy and collect a specific or occupation tax upon all business occupations, professions, callings or trades, public or private, exercised within the city, as may be deemed just and proper, and upon franchises; to fix and collect a license upon theatrical exhibitions, circuses and shows of all kinds, on drays, hacks, automobiles used as taxi cabs and trucks for hire, hotels, boarding houses, restaurants, fish stands, billiard, pool and other kind of tables, ten pin alleys, and similar devices, butcher shops, livery stables, auctioneers, and upon all other classes or kind of business, legitimately coming within the police power of the city, as may be just and reasonable and to fix and collect a specific or occupation tax on the agency of any railroad, express, telegraph, telephone, electric light company or bus line agencies or other similar corporations. The taxing power of the city except as limited by law shall be as general, complete and full as that of the State itself. Taxes on property. (1) Said city shall provide by ordinance for the return of all real and personal property for taxation and may double tax defaulters. The board of council shall prescribe the time and manner for taking such returns, and shall have the power and authority to enforce the collection of taxes, both ad valorem and specific, by executions issued by the city clerk, and bearing test in the name of the mayor, which execution shall be issued at the time and in the manner to

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be prescribed by ordinance, and the sale under such executions shall be conducted as prescribed by the laws of the State in such cases. The marshal of said city is hereby authorized and empowered to levy any such tax executions and other executions, or they may be levied and collected by the sheriff of Gilmer County. They shall be directed to such officers the alternative. (2) Said city may require the registration of any business subject to any business or occupation tax, and may prescribe a penalty for engaging in any such business without registering the same and paying the tax or either. Businesses to be registered. (3) Said city is empowered to require each male resident thereof between the ages of sixteen and fifty years to work upon the streets of said city or pay a street tax as the board of council may direct, for as many as six days in each year, or in lieu of such work to pay a street tax or road tax of not more than four dollars annually, and further to provide the time and manner of collecting said tax, and to punish persons who may, after due notice, fail or refuse to perform the work required or to pay the tax as herein provided in case of violation of other ordinances. Street taxes. (4) Be it enacted, That the mayor and aldermen shall constitute the board of tax assessors, and shall assess for taxation the value of all property, real or personal, in said city; and shall have all the powers of the court to compel the attendance of parties and witnesses, and to enforce the same by attachments for contempt, such attachments to be returned to the police, and the offenders, if convicted, to be punished as if in contempt of said court. However it is hereby provided, that in the event the mayor and aldermen shall assess any property at more than its worth the property owner shall have the right to arbitrate the value by selecting a disinterested party, and the mayor and aldermen

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select a disinterested party; and these two to select another in case of disagreement and their decision as to the value of the property to be final. Tax assessors. Section 37. In addition to the powers hereinbefore granted the city of East Ellijay shall have power: Power of city to regulate certain businesses. (1) To regulate butcher shops and pens, tanyards, livery stables, fish stands, restaurants, or any other business in which live stock, decaying animal or vegetable matter is kept, or in which noxious odors may become a danger or any annoyance to the public, or any portion thereof; to confine same to particular localities and to revoke the license of same whenever they prove dangerous or injurious to health. (2) To regulate and control blacksmith shops, forges and chimneys and to cause the same to be removed and remedied as safety may dictate; to create fire limits; to regulate the construction of doors, exits and steps in places of public gatherings. (3) To regulate the hotels and public houses within said city, to revoke the license of same when they become disorderly, (4) To take up and empound dogs, horses, mules, cattle, live stock, hogs or other animals running at large, and to regulate and control the keeping of stock and other animals within the city, to forbid the keeping of hogs within the city, or to confine the same to particular localities. (5) To require the owners of lots to drain same, to fill up excavations and depressions, and upon their failure to do so to proceed as in case of nuisance. (6) To regulate all vehicles, drays, trucks, automobiles, used in the city for profit in the transportation of passengers, freight, or both, or for private use, and fix the rate of speed at which said vehicles can be used within said city.

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(7) To regulate by ordinance, blind tigers, lewd or disorderly houses, vagrants and infringements upon the Sabbath. (8) To construct and extend sewers into any of the streets, alleys or ways of the city, or upon private property after condemning same, and to assess a just and resonable share of the cost of same upon abbutting property owners, proceeding as herein provided as in case of assessment for paving. (9) To regulate all machinery including stationary and locomotive engines, in the city, and make all such necessary rules and regulations thereto as will provide for safety, health, and convenience of the citizens of the city. (10) To purchase, hold, receive, enjoy, possess, and retain for the use and benefit of said city in perpetuity or for any term of years, any estates, real or personal, land, tenements, hereditaments of what kind or nature soever within or without the limits of said city for corporate purposes. To provide by ordinance for the sale or disposition of any property, real or personal, belonging to said city which is not being used for public purposes or which is not suited or safe to use for the purposes for which said property is being used. Other powers. (11) To organize a chaingang and put in compulsory labor thereon for those convicted of violation of any ordinance of said city. (12) To provide for the inspection of all buildings, and adopt rules and regulations looking to the safe and proper construction thereof, to condemn and cause to be removed any and all unsafe and dangerous structures. (13) To regulate and control or to forbid the use of signs projecting over streets or sidewalks of the city, to regulate the construction of awnings, and to forbid the erection of wooden awnings.

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Section 38. The recitals, if any tax deeds made under the authority herein granted, shall be prima facie evidence of the facts therein recited. Section 39. In addition to the powers hereinbefore enumerated, said city of East Ellijay shall have all the additional power and authority usually and properly incident to municipal corporations not in conflict with the Constitution or laws of the State of Georgia or of the United States, as may be necessary to promote the good government of the city and the general welfare of its citizens. Section 40. Said city shall issue bonds for any lawful purpose, whenever the provisions of the Constitution and the laws of the State shall have been complied with, and no local Act or amendment of this charter shall be necessary to give the authority to call and order elections for such purposes. Bond issues. Section 41. Be it further enacted, That the mayor and aldermen of the said city shall not have power and authority by ordinance or otherwise to authorize the sale of whiskey, brandy, gin, beer, ale, bitters or any other spirituous liquors of an intoxicating nature within the limits of East Ellijay, either by wholesale, retail, or any other manner or through dispensaries. City cannot authorize sale of liquors. Section 42. 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 27, 1941.

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EATONTON BOARD OF EDUCATION ESTABLISHED. No. 183. An Act To amend the Act approved December 12, 1892, authorizing a system of public schools for the City of Eatonton, and Acts amendatory thereof, so as to abolish the name. Eatonton Male and Female Academy now used by the white schools of said City; to provide that the white and colored schools of said City shall be known as the Eatonton Public Schools; to provide that said Eatonton Public Schools shall be governed by a Board of Education; to provide that the present members of the Board of Trustees of the Eatonton Male and Female Academy shall constitute the Board of Education of said City, to provide that their terms of office, method of election, qualifications, powers and duties shall remain as now provided by law; to provide that said Board of Education shall elect a Treasurer, a Superintendent of Schools, and such other teachers, instructors, officers, and employees as may be necessary for the proper administration of said system of schools; to require the Treasurer of said system of schools to give bond covering all funds handled by him; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Act approved December 12, 1892, establishing a system of public schools for the City of Eatonton, and all amendments thereto, are hereby amended as follows: The name Eatonton Male and Female Academy now used by the white schools of said City is hereby abolished; and the white and colored schools thereof shall hereafter be operated under one system to be named and known as the Eatonton Public Schools. Nevertheless, the Board of Education of said City may permit or require the various units under said system to use different names, such

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as Eatonton High School, Eatonton Grammar School, and Eatonton Colored Schools, in their curricular, extra-curricular, social, athletic, and other such affairs, so as to distinguish between the various schools; but the corporate and business name of said system shall be known as Eatonton Public Schools. Eatonton male and female academy abolished. System named. Corporate name. Section 2. Be it further enacted by the authority aforesaid, that the government of said system of schools shall be vested in a Board of Education, composed of the present members of the Board of Trustees of the Eatonton Male and Female Academy; and the qualifications, manner of election, terms of office, powers and duties of the members of said Board of Education shall be, and remain, as now provided by law for members of said Board of Trustees. The purpose of this Section is to change the name of the Board of Trustees to Board of Education. Board of education created. Section 3. Be it further enacted by the authority aforesaid, that at the close of each school year, the Board of Education of said City shall elect a Treasurer, who may be one of their own number, a Superintendent of Schools, and such other assistants and employees as they may deem necessary to the efficient operation of the schools of said City, for the fiscal and school year following their election or appointment; but the time of such election or appointment may be varied as the needs may require. The Treasurer shall give such bond as may be required by said Board of Education, not less than $3,000.00, with a surety company licensed to do business in Georgia, for the proper accounting to them of all funds coming into his hands as such, and the expense thereof shall be paid as in case of other expenses. The powers and duties of said Treasurer shall be such as may be prescribed by the Board of Education, or by law. Officers, election of Bond. Premium. Powers.

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Section 4. Be it further enacted, that all laws or parts of laws in conflict herewith be, and they are hereby, repealed. Repealing clause. Approved March 12, 1941. ELBERTON CITY MANAGER. No. 405. An Act To amend the Charter of the City of Elberton, Georgia, approved December 19, 1896, and all Acts amendatory thereof: Abolishing the offices of Mayor and Councilmen and providing for a commission and City Manager form of government for said City and for the election of such Commissioners and Manager: To provide for a Recorder for said City and to prescribe his duties: To provide for the election and employment of all other officers and employees of said City: To provide methods for carrying this Act into effect: and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act the Charter of the City of Elberton, approved December 19, 1896, and Acts amendatory thereof, be and the same are hereby amended as follows: City charter amended. Section 2. That the Mayor and Council of the City of Elberton are hereby empowered and directed to call and hold an election in said City within sixty (60) days after the passage and approval of this Act, for the purpose of adopting or rejecting the provisions of this Act; and when such election has been duly held and a majority of the qualified electors voting therein shall have voted in favor of such adoption, and the election managers shall have duly certified the results of such election to the governing body, and the same shall have been adopted and entered on minutes thereof,

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then the provisions of this Act shall become effective thereafter as herein provided. All persons who have attained the age of twenty-one (21) years and have been bona fide residents of the City of Elberton for six months next preceding the date of the election herein provided for shall be held and deemed to be qualified to vote in said election. The Clerk of said City shall, upon the passage and approval of this Act, open a book for the registration of voters; such book shall be kept open for a period of thirty days. Notice shall be published by said Clerk in the Elberton Star during said thirty days, notifying the voters of said City that the book is open for registration of voters to vote at the election to be held for the adoption or rejection of the provisions of this Act, and shall give the date upon which said election shall be held. At the close of the said thirty days a list of registered voters shall be made up, certified by said Clerk, and certified copies of said list shall be delivered to the managers selected to hold said election; and all persons whose names appear on said list shall be entitled to vote in said election. Election to be called to approve this act. Section 3. Be it further enacted, that at the end of the present calendar year the officers of Mayor and Councilmen of the City of Elberton and all other offices of said City created by legislative enactment, except the Board of Education and except as hereinafter provided for, are hereby abolished, provided this Act shall be passed, approved and ratified in the election to be held as herein provided; and all laws creating such offices and defining the duties and authority pertaining thereto are hereby repealed except as herein provided. Certain city offices abolished. Section 4. Be it further enacted, that in lieu of the Mayor and Council of the said City of Elberton there is hereby created and established a City Commission, and said City of Elberton shall be governed by said commission and a Manager as hereinafter provided. City commission and manager created.

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Section 5. Be it further enacted, that the said City of Elberton be and is hereby divided into three wards as follows, to-wit: City divided into 3 wards. Ward One shall be composed of all that part of said City lying and being north and east of the following lines; beginning at the intersection of the present western limits of said City and Tate street, and running thence in an easterly direction, including residents on both sides of said Tate street to Oliver street, thence along said Oliver street, including the residents on both sides of said Oliver street, to its intersection with the Seaboard Air-Line Railway, and running thence along said railway to where same intersects with the eastern limits of said City. Wards defined. Ward Two shall consist of all that part of said City lying south and west of the above described line from the western limits of said city to the Seaboard Air-Line Railway, and continuing from that point along South Oliver Street to where said South Oliver street intersects with the present limits of said City, including all residents on both sides of said Oliver street. Ward Three shall consist of all that part of said City lying south and east of the line beginning at the intersection of Oliver street and the Seaboard Air-Line Railway, and running thence along said railway to where same intersects with the present eastern limits of said City, and thence along said limits to where same intersects with South Oliver Street, and thence along said South Oliver Street to the Seaboard Air-Line Railway, not however, including any residents on said South Oliver Street. Section 6. Be it further enacted, that the City Commission shall consist of three citizens, one from each of the wards herein established, to be elected by the qualified voters of the City of Elberton. They shall have been citizens of said City for at least two years next preceding their election and qualification and must not be in arrears with their City

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Taxes. Each Commissioner must be at least twenty-five (25) years of age at the time of his qualification. The said Commission shall have all the power and authority belonging to the Mayor and Council of said City except as provided in this Act; and the Commission shall have such further powers and authority as are in this Act given it. City commission and qualifications of members. Section 7. Be it further enacted, that the first members of the commission shall be elected as follows; Upon the adoption of the provisions of this Act as provided in Section one hereof, it shall be the duty of the present Mayor and Council, or their successors in office, to order an election to be held for the selection of three commissioners for the City of Elberton as provided in this Act, same to be held within thirty days after the election provided for in Section one hereof. Notice of said election shall be published by said Mayor and Council in the Elberton Star not less than twice a week for two weeks prior thereto. Such election shall be held by managers and clerks selected by the said Mayor and Council, and they shall hold said election in the same manner as other elections are held in and for said City. The ballots to be used in said election shall contain the names of the candidates for commissioner. The managers of said election shall report the results of said election to the said Mayor and Council before twelve o'clock noon of the next day thereafter; and the said Mayor and Council shall, on said date, meet and declare the person for each of said wards who shall have received the highest number of votes cast at said election as commissioners. The person who shall receive the largest number of votes at said election shall hold office as commissioner for a term of three years, the person receiving the next largest number shall hold office for a term of two years and the person receiving the third largest number of votes shall hold office for a term of one year. Immediately after the result of said election has been declared by said Mayor and Council, and on the same date, the terms of office of said commissioners shall begin. In the

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event no candidate of the three successful ones shall receive a larger vote than either of the other two, then the three successful ones shall determine by lot which of them shall hold office for three years, which for two years, and which for one year. In the event there shall be a tie between any two successful candidates, then the term of office to be held by each of them shall also be determined by lot. The ballots to be used in said election shall contain the names of the candidates for commissioners, specifying them by wards. Any person qualified to vote in the election provided for in Section one of this Act shall be qualified to vote in the election of commissioners. Election of city commission. Section 8. Be it further enacted, that after the election provided for in the preceding section, one commissioner shall be elected each year as follows: An election shall be held on the same date as the election held under the preceding section, and each succeeding year thereafter, to elect the successor to the commissioner whose term shall expire during said year. The terms of each commissioner so elected shall be three years. All candidates for elective offices in the City of Elberton, including candidates for commissioner at any regular or special election, shall, ten days prior to any such election, signify their intention of becoming a candidate for such office by personally registering their name in the office of the Clerk of said City, in a book to be kept for such purpose, stating the office for which they will be a candidate. Any person failing to comply with this provision shall be disqualified for holding office. Election of one member each year. Candidates must register and state office they seek at least 10 days before election. Section 9. Be it further enacted, that before entering upon the discharge of their duties, each of said commissioners and all future commissioners shall take and subscribe before some judge or justice of the peace the following oath, to-wit: I do solemnly swear that I will faithfully demean myself as a Commissioner of the City of Elberton during my continuance in office; that I will discharge the duties of the office to the best of my ability; that in the enactment of

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legislation I will have due regard for the charter of the City of Elberton, the Constitution and laws of the State of Georgia and of the United States of America; and I do further swear that I have not, either in the general election or party primary in which I was a candidate, directly or indirectly expressed or implied any promise or support to any person for any office or any employment in or under the government of the City of Elberton, nor have I influenced my election by the unlawful use of money or other things of value, or by the use of intoxicants, nor have I solicited votes for myself or others. I do further swear that I will not knowingly permit my vote in the election or appointment of any person to a position in the city government, or of the passage or adoption of any ordinance before the commission, to be influenced by fear, favor, affection, reward or the hope thereof; but in all things pertaining to my said office I will be governed by my convictions as to the public good, So help me God. Oath. Section 10. Be it further enacted, that no candidate for Commissioner shall before his election, or in any party primary election, directly or indirectly promise any person or appoint or vote for such person, or any other person, to any office or employment in said City government, nor shall any candidate for commissioner solicit votes for himself or for any other person. No person who has been elected as a commissioner and who is acting as such shall solicit votes, or electioneer for any person who is a candidate for the office of commissioner. For a violation of any of these provisions the candidate making such promise, and the person to whom the same is made, or the commissioner violating, shall forfeit his or their office, and either or both shall, upon conviction thereof, be punished as prescribed in section 1965 of the Penal Code of Georgia. Either of the parties to any violation of the provisions of this section shall be competent

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and compelled to testify against the other, and shall himself be immune from prosecution on account of the transaction about which he testified. Solicitation of votes prohibited. Section 11. Be it further enacted, that at least five days prior to any election the commission shall name as election managers three qualified voters of the City of Elberton, but no person who is a candidate for any office in the City of Elberton or who is at the time of the election an officeholder of said City, or who is related to or is an employee or a candidate, shall act as manager or clerk thereof. The election managers when organized, ready for receiving votes at any election held in said city, shall receive from the city clerk the official registration list that has been certified by the proper authorities as the correct list of voters qualified to vote in said election, sealed, and shall break the seal and use said list in said election, and shall not permit any person to vote whose name is not on said list. Said manager shall plainly mark or check each name as voted. After said election all ballots cast in the election shall be deposited in the ballot box, and the same shall be carefully sealed and turned over to the Clerk of said City for safekeeping. Said clerk shall deposit same in the vaults of said city without opening it, until the meeting of the City Commission shall be held on the next day after said election, when, in the event of no contest having been filed as to the results of said election, the ballots shall be destroyed by them. The voting list and tally sheets shall also be returned to the city Clerk, under seal, and by said clerk delivered to the commissioners of said city, who shall, after ascertaining the result of any such election, enter same upon their minutes, and thereupon shall return said lists and tally sheets to the city clerk for safe keeping. The polls for the holding of all elections in and for the said City of Elberton shall be opened at six-thirty (6:30) o'clock A. M., and remain open until seven (7:00) P. M., eastern standard time. The managers of the election shall certify the results thereof to the

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commission by their certificates which they shall deliver to the city commission, who, after complying with the terms of this section, shall deliver said certificates to the city clerk, who shall record the same on the minutes of said commission, and said record shall be evidence of the result of said election. Election managers. Ballot box to be turned over to clerk. Polls to be open from 6:30 A. M. to 7:00 P. M. Section 12. Be it further enacted, that the commission shall at its first meeting, and immediately after qualifying, elect one of the commissioners as Mayor of the City of Elberton. The commissioner so elected shall continue to hold the title of Mayor for one year thereafter, and a successor shall be elected by the commission for each year thereafter. The Mayor shall have no more aurhority than either of the other commissioners, except that he shall act as chairman at all meetings of the commission, shall approve the minutes of such meetings, shall act as Mayor of said city on all ceremonial occasions, and shall have such other authority and duties as hereinafter provided. Mayor to be elected by commission. Section 13. Be it further enacted, that the city commission thus elected and organized shall be strictly a legislative body. The said commission shall pass all ordinances for the governing of the city, fix the tax rate, license fees, and do and perform all necessary work of a legislative character for the official government of the city. Said commissioners shall receive for their services the sum of One Hundred and Fifty ($150.00) Dollars per year each. Commission's duties and salary. Section 14. Be it further enacted, that the commissioners shall, at their first meeting and as soon as they qualify, elect a clerk who shall hold office at the pleasure of the commission. Such clerk shall receive such salary as the commission shall fix, shall have charge and custody of said city records, shall attend all meetings of the commission, shall keep accurate minutes of all their proceedings, and said clerk shall keep in the office provided therefor all oaths and bonds of officers and employees, shall keep a record

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of all elections and appointments to office, and shall perform such other duties as may be provided by this Act, or as may be imposed by the commissioners, not inconsistent herewith. Clerk. Section 15. Be it further enacted, that any or all of said commissioners may be removed from office at any time by recall in the following manner: If as many as one fourth of the qualified voters of the City of Elberton, as shown by the voters' list of the last city election, shall present a written petition to the Clerk, naming the commissioner sought to be recalled and the reason for same, the clerk shall at once publish a notice in the official newspaper, stating that such petition has been filed, and that an election will be held on a named date, not more than thirty days after the filing of the petition, in accordance with said petition. Such notice shall be published twice a week for two weeks, and said election shall be held as above provided. The existing laws of said city relative to the opening and closing of registration books, preparation of registration lists, selection of managers, etc., shall apply in said election, except that no person affected by said petition for recall shall take any part in naming any registrar, manager, or clerk for said election, the clerk of the commission naming said managers and clerk in the event all of said commissioners are sought to be recalled. The tickets for said election shall have printed thereon: For the recall of Commissioner..... (naming the commissioner); and Against the recall of Commissioner..... (naming the commissioner). The voters shall strike the proposition to which he is opposed, and the result shall be reported by the managers as in other elections; and if a majority of those voting in such election vote in favor of a recall, such office shall become vacant from the time the results are announced to the commission, and the vacant office shall be filled at an election held as soon as the same can be legally done, and the successor shall serve the unexpired term of the party

Page 1410

recalled. No person removed by recall, or who resigns after a petition for recall has been filed against him shall be eligible for election to said commission or appointment to any city office until after the expiration of the term for which he was originally elected. In the event, however, that all three of the commissioners shall be recalled at the same election, they shall nevertheless continue to hold office until their successors shall be elected and qualified. In the event that for any cause there shall be a vacancy in the office of one or more commissioners, the commissioner or commissioners remaining in office shall perform all the duties and shall process all the power and authority of the commission until the vacancy or vacancies shall be filled. In the event, for any cause, there shall be a vacancy in the office of all of said commissioners, the Governor of the State shall appoint three such commissioners, who shall hold the offices until said vacancies shall be filled by an election as herein provided for. In case of death, resignation, removal from office, or vacation from office by removal from said city (and removal shall operate to create a vacancy just as if there should be a formal resignation) of any commissioner, the clerk of the commission shall proceed to call an election to fill such vacancy, and such election shall be called and held as in the case of an election held to fill a vacancy caused by a recall election as in this Act provided. Removal from office of commissioners. Section 16. Be it further enacted by the authority aforesaid, that the commission shall select and appoint a manager for said city within thirty days after their election and qualification, and fix his salary to be paid in monthly installments, which salary shall be fixed at the time of his qualification, but which may be changed at any time by the commission. Such manager shall be a male person and an American citizen not less than twenty five years of age. Such manager shall be subject to removal from office at any time by a vote of the majority of the commission. City manager to be selected.

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Section 17. Be it further enacted, that the manager must devote all his working time and attention to the affairs of the city. He shall not be interested directly or indirectly in any business enterprise in said city, or in any person or persons contracting with or making sales to said city. He shall have the appointment, subject to confirmation by the commission, of all heads of departments of said city except the Clerk, City Attorney, Health Officer and the recorder. His appointment of employees below the grade of heads of departments shall not be subject to confirmation by the commission. He shall have the right to remove heads of departments and other employees (except clerk of the commission, city attorney, health officer and the recorder) without the consent of the commission and without assigning any reason therefor, except that in case he removes the head of any department he shall report to the commission, in writing, the cause of such removal. The manager shall be responsible for the efficient operation of each department of the city government (except in the case of the clerk of the commission, city attorney, health officer and the recorder), and shall from day to day inspect the working of each department. He shall have an office at the city hall, and shall keep his office open at least one hour each day, except Sundays and holidays, at an hour of the day to be fixed by him, during which all residents of the city shall be free to appear and make complaints against the operation of any department of the city government. He shall have charge of the purchase of all supplies and material for the city. All purchases of any kind and description made for the City of Elberton shall be upon the written order of the manager, and any sales made to the city except upon the written order of the manager shall be declared invalid by the commission and shall not be paid. Purchases exceeding one hundred dollars or less shall be made upon the written requisition of the head of the department for which the articles are to be used. The manager must, at the first of

Page 1412

each year, submit to the commission for its consideration a budget of proposed expenditures for that year, showing in as much detail as practicable the amounts allotted to each department of the city government, and the reason for such estimated expenditures. No part of any amount allotted to any department shall be expended by the manager on account of any other department, except under the order of the commission. The manager must make a full written report to the commission on the first of each month, showing the operation and expenditures of each department of the city government in the preceding month, and the synopsis of such report shall be published by the clerk in the official newspaper each quarter year. All payments of city funds shall be made by the manager by drawing a written request in duplicate, one of which shall be kept by the manager and the other by the clerk, who shall issue to the person designated a voucher check for the amount stipulated, said check to be signed by the clerk and manager and countersigned by the mayor; all disbursements, except stated salaries, to be approved by the commission and entered on the minutes. The manager shall have the right to attend all meetings of the commission and to discuss with the commissioners all matters coming before the commission, but shall have no votes thereon. Duty of city manager. Section 18. Be it further enacted, that the commission shall meet at least once each month in the city hall, unless providentially prevented, at such hour and on such date as shall be fixed by it. Should any change be had of the day or hour, ample notice thereof shall be given the public. The commission may meet oftener, if adjudged necessary for the public good. All such meetings shall be public, and open to all the residents of the city. Meetings. Section 19. Be it further enacted, that the books and records of said city shall be audited at least once every twelve months by certified public accountant employed for this purpose by the commission, and such auditors or accountants

Page 1413

shall make written report of the results of such audit. A contract for said annual audit shall be let to the lowest bidder who is a responsible certified public accountant. Audit. Section 20. Be it further enacted, that all ordinances now in force in the City of Elberton shall not be affected by this Act, except when any such ordinance shall be in conflict with any of the provisions hereof. Section 21. Be it further enacted, that the police court of said city shall be presided over by the mayor, who shall have all the power and authority in said court and in the conduct thereof, and in trying and punishing offenders against the laws or ordinances of said city, as now given the mayor and other presiding officers in said police court. The present method of procedure in said court shall continue. In case of the disqualification, illness, absence from the city, or vacancy in office, one of the commissioners may act as recorder and shall have all the power and authority of the mayor while acting as such. The clerk of the commission shall be ex-officio clerk at the police court, and shall perform all the duties and have all the authority therein now possessed by the clerk of said city. At least one session of the police court shall be held each week, and as much oftener as the mayor may see fit. The present law governing appeals and certioraris from the police court shall continue of force. The mayor shall receive such additional salary for the duties herein specified as the commission shall fix. Police court. Section 22. Be it further enacted, that all persons owning property within the city limits of the City of Elberton shall be subject to pay an ad valorem tax to said city thereon, and lien for such tax shall attach as of January first of each year. The present laws and procedures for the appointment of tax assessors, assessment of property, the making of tax returns, collecting of taxes, discount for advance

Page 1414

payment of taxes, the issuance of execution and other provisions pertaining to taxes shall remain of full force and effect. Ad valorem tax. Section 23. Be it further enacted, that when any action shall be brought in any court of this State to which the City of Elberton shall be a party, service of any and all writs which are required to be by personal service of a copy served on said city shall be made thereof on any one of the commissioners of said city. Service of process. Section 24. Be it further enacted, that the following shall constitute the various departments of the city government of said city and the titles of the heads thereof: Departments of city government. Police Department (including regulation and management of the city prison) the head of which shall be designated as chief: Public Health, the head of which shall be designated health officer: Fire Department, the head of which shall be designated as chief: Department of Law, the head of which shall be designated as city attorney: Public Works (including inspection of buildings, care of streets, drains, bridges, waterworks, sewerage system, public buildings, and personal property belonging to the city, cemeteries, etc), the head of which shall be designated director of public works: Public Records, the head of which shall be the clerk of the commission. The commission may from time to time, on the recommendation of the city manager, change the departments herein designated and create other departments and define the duties pertaining to each.

Page 1415

Section 25. Be it further enacted, that all salaries not otherwise provided for in this Act shall, except in the case of the city manager, be fixed on the recommendation of the city manager by the commission; such salaries shall be fixed yearly. Salaries. Section 26. Be it further enacted, that the commission may from time to time require all of the officials and employees of the city to give bond for the faithful performance of their duties, and may require them to take proper oaths of office. Bond. Section 27. Be it further enacted, that the commissioners shall have authority to pass ordinance and resolutions, and impose penalties for the failure to comply with same, for the preservation of peace and good order, the prevention of vice and immorality; shall have authority to disperse disorderly assemblages; to prevent and suppress all gaming and gaming houses, places of ill fame, or houses kept for immoral purposes; to license, tax, regulate, and restrain or prohibit all billiard rooms, pool rooms, ten pin alleys, or other such alleys, inns, taverns, hotels, restaurants, lunch stands, or other places for public entertainment; to license, tax, regulate, and prohibit itinerant physicians and venders of medicines or other articles; to direct the location and regulate the operation and the maintenance and management of public bath houses, bathing pools, public playgrounds, or other places of amusement, and require the same to be closed if deemed expedient; to preserve the health of the citizens of said city by the adoption of such sanitary rules and regulations as may be proper and expedient, and to pass such regulation and ordinances as are proper for the general welfare of said city. Commission's authority to pass ordinances. Section 28. Be it further enacted, that the said commissioners shall elect one of their number as treasurer of said city, who shall give bond and receive such compensation as the commission may determine. Treasurer.

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Section 29. Be it further enacted, that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 27, 1941. ELBERTON ZONING AND PLANNING. No. 268. An Act To amend an Act incorporation the City of Elberton approved December 19, 1896, and the several Acts amendatory thereof; to authorize the Mayor and City Council of said City to enact zoning and planning ordinances, and to fix methods of zoning said City, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, the existing Charter of the City of Elberton as contained in the Act approved December 19, 1896, as amended, be amended by adding the following sections, to-wit: Act of 1896 amended. Section 2. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Mayor and City Council of the City of Elberton may, in the interest of public health, safety, order, convenience, comfort, prosperity, or general welfare, adopt by ordinance a plan or plans for the districting or zoning of the city for the purpose of regulating the location of trades, industries, apartment-houses, dwellings, or other uses of property; or for the purpose of regulating the height of the buildings, fences, or other structures, or the area or dimensions of lots or of the yards used in connection with buildings or other structures; or for the purpose of regulating the alignment of buildings or other structures near street frontages. The zoning regulations may be based

Page 1417

upon any one or more of the purposes above described. The city may be divided into such number of zones or districts, and such districts may be of such shape and area, as the Mayor and City Council of said city shall deem best suited to accomplish the purposes of the zoning regulations. In the determination and establishment of districts and regulations, classifications may be based on the nature or character of the trade, industry, profession, or other activity conducted or to be conducted upon the premises; the number of persons, families, or other group units to reside in or use said buildings; the public, quasi-public, or private nature of the use of the premises; or upon any other basis or bases relevant to the promotion of the public health, safety, order, morals, conveniences, prosperity or welfare. Zoning and planning. Section 3. Be it further enacted, that the provisions of this Act as set out in Section 2 shall become effective from date of passage. Section 4. Be it further enacted that all laws or parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved March 24, 1941. ELLIJAY CHARTER AMENDMENTS. No. 432. An Act to amend An Act to incorporate and establish the city of Ellijay, in the county of Gilmer; to declare the rights, powers, and privileges of said Corporation, and for other purposes, approved August 14, 1909, by amending Section five of said Act by striking from said section the following sentence: The mayor shall receive such reasonable salary, not more than $60.00 nor less than $36.00, per annum. And inserting in lieu thereof the following: The mayor shall receive such

Page 1418

reasonable salary not more than $250.00 nor less than $120.00, per annum. Also by amending said Act further by amending Section eight of said Act by striking the following words from said section: The city clerk and treasurer shall receive a salary not to exceed sixty ($60.00) dollars, per year, and inserting in lieu thereof the following: The city clerk and treasurer shall receive a salary not exceeding fifty ($50.00) dollars per month, to be fixed by the mayor and aldermen of said city, and by amending said Act further by providing the means and method for the sale or disposal of any real estate or personal property owned by said city either within or without the limits of said city and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that Section Five of the original Act of 1909, page 844, approved August 14, 1909, be and the same is hereby amended by striking the following sentence from said Section: The mayor shall receive such reasonable salary, not more than $60.00 nor less than $36.00 per annum, and inserting in lieu thereof the following sentence: The mayor shall receive such reasonable salary, not more than $250.00 nor less than $120.00, per annum. Mayor's salary. Section 2. Be it further enacted, that said Act be, and the same is hereby amended by striking from Section Eight of said Act the following: The city clerk and treasurer shall receive a salary not to exceed Sixty ($60.00) Dollars a year, and inserting in lieu thereof the following: The city clerk and treasurer shall receive a salary not to exceed Fifty ($50.00) Dollars per month, to be fixed by the mayor and aldermen. Clerk and treasurer's salary. Section 3. Be it further enacted that Section Thirty-eight of said Act be and the same is amended by adding a new sub-section to said Section Thirty-eight by adding between

Page 1419

sub-sections (10) and sub-section (11) a new sub-section, numbered (10a) which sub-section shall read as follows: To provide by ordinance for the sale and disposition of any real estate or personal property owned by said city either within or without the limits of said city, which is not being used for public purposes or which in the judgment of the mayor and aldermen of said city is not fit or suited to be used by said city for public purposes. Sale of property by city. 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 27, 1941. FAIRBURN CHARTER AMENDMENTS. No. 50. An Act to amend the Charter of the City of Fairburn appearing in Georgia Laws 1925, page 1024, et seq., approved August 3, 1925, so as to provide a sanitary tax; a method for making tax returns; prescribe the duties of the tax assessors; to provide for the collection of delinquent taxes; the manner in which tax executions shall be enforced, and for other purposes. Section 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 Fairburn appearing in Georgia Laws 1925, page 1024, et seq., approved August 3, 1925, be and the same is hereby amended as follows: Act of 1925 amended. By adding a new section to said charter to be numbered 26(a), and to read as follows: Section 26(a). Be it further enacted that the Mayor and Council of said City are hereby authorized to make assessments of the various lots of land and lot owners

Page 1420

in said city for sanitary purposes, in such amounts, returns or methods of assessment that may in their discretion be deemed proper, and the said Mayor and Council are hereby authorized and empowered to collect same by execution against the lot so assessed and the owner thereof; the amount so assessed shall be a lien on the lot from the date of assessment. The executions to be issued and enforced in the same manner that tax executions are issued and enforced in said City. The proceeds of such assessment shall be used exclusively for paying the cost of sanitary service, including repairs to buildings and equipment and the purchase and replacement of equipment. Sanitary tax. Section 2. Be it further enacted that Section 29 of said Charter be, and the same is, hereby repealed and in lieu thereof a new section be enacted to read as follows: Section 29. Be it further enacted that all persons owning property in said city shall be required to make return of all property, real and personal (except intangibles as defined in Title 92 of the Code of Georgia of 1933 and property which, under the General Laws of the State of Georgia, is required to be returned to and assessed by the State Revenue Commissioner) to the City Clerk or such other official as may be designated by the Mayor and Council for such purpose, each year within the time prescribed by the Mayor and Council, for the purpose of taxation by said City. Said property shall be returned by the property owner, his agent or representative, on blanks furnished for that purpose, at the fair market value of the same. In the event the property owners shall fail to make return of their property for taxation within the time fixed by the Mayor and Council, the tax assessors herein created shall have the right to assess said property for taxation and shall assess as a penalty for failure to return said property for taxation, the sum of ten per cent of the total amount of

Page 1421

taxes due on said property as assessed, but in no event less than $1.00. The owner of such property so assessed shall be notified of the assessment in the manner provided in Section 34 of this Charter and shall be given opportunity to be heard before such assessment shall become final. Property tax returns. Section 3. Be it further enacted by the authority aforesaid, that Section 34 of said Charter be, and the same is hereby repealed and in lieu thereof a new section to be numbered 34 be enacted in lieu thereof and to read as follows: Section 34. Be it further enacted by the authority aforesaid, that the Mayor and Council of the City of Fairburn shall, on or before the first regular meeting in April of each year, appoint three freeholders, residents of said City, as tax assessors whose duty shall be to scrutinize carefully each return of property, real and personal, made by every taxpayer of said City, and if in their judgment they shall find the property embraced in said return, or any portion thereof, returned below its fair market value, they shall assess its fair market value. Said tax assessors shall also assess and fix the fair market value of all property in said city subject to taxation that has not been returned for taxation. After such property shall have been assessed as provided in this section, it shall be the duty of the City Clerk to notify the tax payer or owner of the property of the amount assessed against him by said tax assessors, which notice shall be in writing, served by the Marshal or his deputies, or mailed by said City Clerk to said tax payer at the last known address of such tax payer. Said notice shall be given in the case of residents, more than three days, in case of non residents more than ten days, prior to a date fixed by the tax assessors for a hearing on the fairness of such assessment, and if such tax payer desires to contest the fairness of the assessment made he shall

Page 1422

be given full opportunity to appear on the date fixed in said notice and present evidence and argument. At such hearing the assessors may affirm, alter, revise or amend the assessment so made and if said taxpayer is dissatisfied with the judgment of the tax assessors, he shall have the right within four days to appeal said decision in writing to the Mayor and Council in the manner provided by Section 6 of the Ordinance of said City approved May 10, 1937, and the decision of the Mayor and Council on said appeal shall be final unless such aggrieved tax payer shall, within four days from the decision of the Mayor and Council, appeal to arbitration in the manner pointed out by Section 7 of said Ordinance of the City of Fairburn approved May 10, 1937. The Mayor and Council shall have the right to fix and pay to the tax assessors such compensation as they may deem commensurate with the services rendered. Tax assessors. Section 4. Be it further enacted by the authority aforesaid, that three new sections be added to said charter to follow Section 34, and to be numbered Section 34(a), Section 34(b), and Section 34(c), respectively, and to read as follows: Section 34(a). Be it further enacted that 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 under-valued 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 City Clerk or other official designated by the Mayor and Council, 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.

Page 1423

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. Improper or delinquent tax returns. Section 34(b). Be it further enacted that when said tax assessors or City Clerk discover that any person is delinquent or in default in the manner enumerated in the foregoing Section, the said tax assessors or City Clerk shall notify, in writing, such delinquent, or if dead his personal representative or representatives, of such delinquency requiring that a return shall be made within twenty days, for the years specified in said notice of such delinquency or default. Section 34(c). Be it further enacted that if the delinquent, or his personal representative or representatives, refuses or fails to return such property omitted or undervalued after notice given him, the tax assessors or City Clerk 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. Section 5. Be it further enacted by the authority aforesaid, that Section 35 of said Charter be, and the same is, hereby repealed and in lieu thereof, a new section be enacted as follows: Section 35. Be it further enacted by the authority aforesaid that the Marshal of said City or his deputies or any officer who has levied any execution issued by

Page 1424

said City, shall after making such levy advertise said property, if it be real property once a week for four weeks in a newspaper having general circulation in the City of Fairburn to be designated by the Mayor and Council, and shall put up and expose said property for sale to the highest bidder for cash in front of the City Hall of said City on the first Tuesday in the month following the advertisement, and after selling said property said Marshal shall make and deliver to the purchaser thereof a Marshal's Deed. If said Marshal or other officer shall levy an execution issued by said City upon personal property the same shall be advertised at three public places in said City for ten days and sold in front of the City Hall of said City on any date after having been advertised for the ten days immediately preceding said sale. Property to be sold at public auction. Section 6. Be it further enacted by authority aforesaid that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved February 18, 1941. FITZGERALD CHARTER AMENDMENTS. No. 43. An Act to amend an Act amending and revising the Charter for the City of Fitzgerald and entitled: An Act to amend to Act to incorporate the City of Fitzgerald, and establishing a new charter therefor, approved August 22, 1907, and the several acts amendatory thereof, and for other purposes, approved August 17, 1914, and the several Acts amendatory thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That Section 42 of the existing charter of the

Page 1425

City of Fitzgerald, as contained in the Act approved August 17, 1914, and all Acts amendatory thereof, be, and it is hereby, amended by striking from said section the words, that at the regular election in December, 1915, there shall be elected a city treasurer, who shall hold office for a term of two years, and inserting in lieu thereof the following words, that at the first regular meeting of the Mayor and Council in each year they shall elect a city treasurer, who shall hold office for a term of one year, provided, however, that said Mayor and Council may in their discretion elect the same person to the offices of city clerk and city treasurer in which event the duties of both offices shall devolve upon and be performed by such person, so that said section, as amended hereby, shall read as follows: Act of 1914 amended. Section 42. Be it further enacted by the authority aforesaid, That at the first regular meeting of the Mayor and Council in each year they shall elect a city treasurer, who shall hold office for a term of one year, provided, however, that said Mayor and Council may in their discretion elect the same person to the offices of city clerk and city treasurer in which event the duties of both offices shall devolve upon and be performed by such person, and said city treasurer shall receive all moneys from all sources for the city of Fitzgerald, and shall keep a complete record of the same, and shall keep a separate account of each appropriation made for each separate and distinct purpose, and shall notify the chairman of the various committees from time to time, as often as necessary, the amount of money on hand appropriated for the use of that particular committee, and shall pay no warrant except in compliance with the provisions of this charter. The city treasurer shall make a full and complete statement of his actings and doings monthly to the mayor and council, and as often as may be found necessary; said city treasurer shall perform such other duties in connection with the office as the mayor and council may, by ordinance, prescribe. Said city treasurer

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before entering upon the duties of his office shall take and subscribe to an oath to faithfully perform the duties of the office and shall give bond in such sums as may re required by the mayor and council, conditioned for the faithful discharge of the duties of the office and for the faithful accounting to the City of Fitzgerald for all moneys that may come to his hands as such treasurer, said bond to be made payable to the City of Fitzgerald. The said city treasurer shall receive for his services a monthly salary, the amount of which shall be fixed by the mayor and council.' City treasurer. Section 2. Be it Further Enacted by the authority aforesaid, That Section 46 of the existing charter of the city of Fitzgerald, as contained in the Act approved August 17, 1914, and all Acts amendatory thereof, be, and it is hereby, amended by inserting in said section immediately following the words, city clerk, the following words, a city treasurer, a city tax assessor, and by inserting in said section immediately following the words, a chief of police, the following words, a chief of the fire department, and by adding to the first sentence of said section immediately following the words, for the government of said city, the following words, provided, however, that said Mayor and Council in their discretion may elect the same person to the offices of city clerk and city treasurer in which event the duties of both offices shall devolve upon and be performed by such person, so that said section, as amended hereby, shall read as follows: Section 46. Be it further enacted by the authority aforesaid, That at the first regular meeting of the Mayor and Council each year they shall elect a city clerk, a city treasurer, a city tax assessor, a city attorney, a city engineer, a chief of police, a chief of the fire department, and such other officers and employees as the Mayor and Council may deem necessary for the government of said city, provided, however, that said Mayor and Council in their discretion

Page 1427

may elect the same person to the offices of city clerk and city treasurer in which event the duties of both offices shall devolve upon and be performed by such person. Each of said officers shall be elected for a term of one year, and shall take and subscribe an oath for the faithful performance of their duties; that they are qualified to hold office; and shall give such bond as the mayor and council may by ordinance provide. Said bond shall be made payable to the city of Fitzgerald, and shall be approved by the mayor and council, and recorded in a book kept for that purpose. City officers and employees. Section 3. Be It Further Enacted by the authority aforesaid, That the existing charter of the City of Fitzgerald, as contained in the Act approved August 17, 1914, and all Acts amendatory thereof, be, and the same is hereby, amended by adding to said charter a new section to be known and designated as Section 46-a and to be inserted in said charter immediately following Section 46 of said existing charter of said city, and to read as follows: Section 46-a. In the event the Mayor and Council shall elect one person to the offices of city clerk and city treasurer, such person shall discharge all the duties and exercise all of the powers and authority vested in the clerk and treasurer under the terms and provisions of this charter and of all ordinances, rules and regulations established by the governing authorities of said city as fully and completely as though said offices were filled by separate persons. When one person discharges the duties of both clerk and treasurer, he shall draw and sign all warrants for the payment of money and no warrant shall be valid unless countersigned by the mayor or mayor pro tem. When one person shall be elected to the offices of city clerk and city treasurer, the Mayor and Council shall have the right and may at any time thereafter, at their pleasure and without notice or hearing of any kind whatsoever, separate such offices, disignate which office such person so elected to hold both offices

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shall fill, elect another person to fill the other office and perform the duties thereof, and fix and determine the amount of salary and other compensation to be paid to each, either by apportioning the salary previously fixed for the person filling both offices or by fixing new salaries for each office. When city clerk and treasurer are same person. Section 4. Be It Further Enacted by the authority aforesaid, That the existing charter of the City of Fitzgerald, as contained in the Act approved August 17, 1914, and all Acts amendatory thereof, be, and the same is hereby amended by striking from said charter Section 41 thereof as the same appears in Georgia Laws, 1914, page 801, and by striking from said charter Section 2 of the Act approved August 1, 1922, amending the charter of said city of Fitzgerald, as said section appears in Georgia Laws, 1922, page 822 thereof. Certain sections stricken from charter. Section 5. Be It Further Enacted by the authority aforesaid, That Section 101 of the existing charter of the City of Fitzgerald, as contained in the Act approved August 17, 1914, and all Acts amendatory thereof, be, and it is hereby, amended by striking in its entirety said Section 101 of said Act as amended, and substituting in lieu thereof a new section to be known and designated as Section 101, and to read as follows: Section 101. Be it further enacted by the authority aforesaid, That at the first regular meeting of the mayor and council in each year they shall elect a city tax assessor, who shall hold his office for a term of one year and whose authority and duty it shall be to assess all property, both real and personal, in said city for the purpose of city taxation, to prepare and compile an assessment roll showing such property and the assessed value thereof and to do and perform such other duties as may be required of him by said mayor and council. Said tax assessor shall compile the assessment roll at least ten days prior to the first Monday

Page 1429

in April of each year, by which time he shall deliver said roll to the clerk of said city, to be kept by said clerk among the records of his office and open for inspection by any interested person from the time of such delivery to him until the first Monday in April, at which time he shall deliver the same unaltered to the board for review or equalization as provided for under the terms of this charter. Such tax assessor, in full compensation for his services, may be paid an annual salary to be fixed by the mayor and council and to be paid at such times as they may determine or may be paid on a per diem basis of a specified amount for each day actually devoted to such work as may be fixed and determined by said mayor and council, provided, however, that such compensation shall not in any event exceed the sum of Five Hundred Dollars in any one year. Tax assessor. Section 6. Be It Further Enacted by the authority aforesaid, That Section 102 of the existing charter of the city of Fitzgerald, as contained in the Act approved August 17, 1914, and as the same appears in Georgia Laws 1914, at pages 832 to 834 thereof, and as amended by Section 3 of the Act approved August 3, 1920, as the same appears in Georgia Laws 1920, at pages 989-990 thereof, be, and it is hereby, amended by striking from said section the following words, The assessor hereinbefore provided shall receive for his services in making the assessment and all other work in connection therewith such salary or compensation as the mayor and council shall, by ordinance or resolution, fix the salary of said tax assessor at any amount not to exceed Five Hundred dollars per annum, within their discretion, for the time he is actually engaged in the duty of making the assessment and compiling the records and he and the members of said board shall be paid as other bills against the city are paid, so that the last sentence of said section of said Act, as amended and as hereinabove set out, shall be entirely stricken therefrom. Compensation of assessor.

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Section 7. Be It Further Enacted by the authority aforesaid, That, it appearing that in the Act of 1914 there were two sections of the charter of said city designated and numbered as Section 102, the existing charter of the City of Fitzgerald, as contained in the Act approved August 17, 1914, and all Acts amendatory thereof, be, and it is hereby, amended by designating as Section 102-a the section now appearing in said Act as Section 102 upon page 834 of Georgia Laws 1914, which said section relates to the power of the mayor and council to borrow money. Power to borrow money. Section 8. Be It Further Enacted by the authority aforesaid, That Section 77 of the existing charter of the City of Fitzgerald, as contained in the Act approved August 17, 1914, and all Acts amendatory thereof, be, and it is hereby, amended by striking from said section the words, one of the leading papers in New York and, so that said section, as amended hereby shall read as follows: Section 77. Be it further enacted by the authority aforesaid, That said bonds when so issued shall be sold by the water, light and bond commission, the sale to be advertised in the official organ of the city of Fitzgerald, and in such other papers as the commission shall deem it wise to place it, for a period of thirty days. Sealed bids for said bonds shall be received, and said bonds shall be sold to the highest and best bidder. The sale of said bonds shall be ratified by the mayor and council. Bonds. Section 9. Be It Further Enacted by the authority aforesaid, That Section 68 of the existing charter of the City of Fitzgerald, as contained in the Act approved August 17, 1914, and all Acts amendatory thereof, be, and it is hereby, amended by inserting in said section immediately following the words, control of the streets, sidewalks, public parks and alleys in said city, the following words, shall have power and authority to alter or change existing streets, sidewalks

Page 1431

or alleys, to locate, lay out, construct and improve new streets, sidewalks or alleys, to close and vacate and deny to public use all or any portion of any street, sidewalk or alley, and to control and regulate the opening of any new street, sidewalk or alley in any portion of said city by the owners of private property therein, and by inserting in said section immediately following the words, any buildings, steps, and immediately preceding the words, alleys, sidewalks or other public places in said city, the following words, awnings, or other obstruction or nuisances upon the public streets, so that said section, as amended hereby, shall read as follows: Section 68. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall have full and complete control of the streets, sidewalks, public parks and alleys in said city, shall have power and authority to alter or change existing streets, sidewalks or alleys, to locate, lay out, construct and improve new streets, sidewalks or alleys, to close and vacate and deny to public use all or any portion of any street, sidewalk or alley, and to control and regulate the opening of any new street, sidewalk or alley in any portion of said city by the owners of private property therein, and shall have full power to condemn property for the purpose of laying out new streets and alleys, and for the purpose of widening, straightening, grading or in any way changing streets, lanes and sidewalks in said city, and when the mayor and council shall desire to exercise the power and authority granted in this section, it may be done, whether the lands condemned are in the hands of the owner, trustee, executor, administrator, guardian or agent, in the same manner as provided by Sections 4635-4657, inclusive, of Volume 2, of the Code of Georgia, of 1895, and the Act amendatory thereof. The mayor and council may abandon such proceedings at any time upon the payment of accured costs. The mayor and council of said

Page 1432

city shall have full power and authority to remove or cause to be removed any buildings, steps, awnings, or other obstruction or nuisances upon the public streets, alleys, sidewalks or other public places in said city, and to enforce the provisions of this section by appropriate ordinances. Streets and sidewalks. Section 10. Be It Further Enacted by the authority aforesaid, That Section 71 of the existing charter of the City of Fitzgerald, as contained in the Act aproved August 17, 1914, and all Acts amendatory thereof, be, and it is hereby amended by inserting in said section immediately following the words, and if any person, firm or corporation and immediately preceding the words, shall not remove said building, the following words, shall erect any building, which is not in accordance with the laws of said city, said mayor and council may order said building removed; and if said persons, firm or corporation, so that said section, as amended hereby, shall read as follows: Section 71. Be it enacted by the authority aforesaid, That the mayor and aldermen may enact any and all ordinances, rules and regulations necessary to lay out a fire district in said city or Fitzgerald, and enlarge, change or modify its limits from time to time, to prescribe when, how and of what material buildings in said city limits may be erected or covered, how thick the walls may be, the manner in which the chimneys, stovepipes and flues shall be constructed; to change all things they may deem necessary to protect said city, so far as possible, from danger from fire, and to prevent conflagration. They shall also have power and authority to order any changes in the construction or arrangement of chimneys, stovepipes or flues, or the removal thereof, when, in their judgment, the same is dangerous, or likely to be so; and to make the owner or occupant of the premises pay the expenses of the change, as they may elect, which may be collected by execution; and if any persons, firm or corporation shall erect any building,

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which is not in accordance with the laws of said city, said mayor and council may order said building removed; and if said person, firm or corporation shall not remove said building, after notice to do so, then said mayor and council shall have the power to remove same at the expense of the owner, which expense may be collected by execution. Fire districts. Section 11. Be It Further Enacted by the authority aforesaid, That Section 100 of the existing charter of the City of Fitzgerald, as contained in the Act approved August 17, 1914, and all Acts amendatory thereof, be, and it is hereby, amended by striking in its entirety said Section 100 of said Act as amended, and substituting in lieu thereof a new section to be known and designated as Section 100, and to read as follows: Section 100. Be it further enacted by the authority aforesaid, That the Clerk and the Treasurer of said city shall keep accurate and complete records of the fiscal affairs and transactions of said City of Fitzgerald upon such books and forms and in such manner as may be fixed, prescribed or required by the Mayor and Council. The city treasurer shall make all disbursements of funds belonging to said City of Fitzgerald, except such funds as shall be paid over to the Board of Education or the Water, Light and Bond Commission or as may be received by such Board or Commission from other sources. No payroll, bill or claim for services rendered or materials or supplies furnished to said city shall be paid until the same shall have been examined and approved by a finance committee of the city council, who shall be elected by the council at its first meeting in January of each year. No amounts shall be paid out of the treasury of the City of Fitzgerald except by its Treasurer and all disbursements of funds of said City shall be upon check or voucher signed by the treasurer and countersigned by the Mayor or Mayor Pro Tem. Records of accounts. Section 12. Be It Further Enacted by the authority

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aforesaid, That the existing charter of the City of Fitzgerald, as contained in the Act approved August 17, 1914, and all Acts amendatory thereof, be, and the same is hereby amended by adding to said charter a new section to be known and designated as Section 108, and to read as follows: Section 108. That the Mayor and Council of the City of Fitzgerald shall have full power and authority to acquire on behalf of said city, either by gift, purchase or otherwise, lands and premises, either within or without the limits of said city, suitable for use as an air port and to develop, improve, use and operate the same, either by itself or in conjunction with the county or any other governmental agency; to make and enact rules, regulations and ordinances governing the use thereof and the maintenance of order therein; to exercise police control and jurisdiction thereover; and to appoint such officers and employees as may be necessary for such purposes and compensate them for their services. Authority to acquire property. Section 13. Be It Further Enacted by the authority aforesaid, That the existing charter of the City of Fitzgerald, as contained in the Act approved August 17, 1914, and all Acts amendatory thereof, be, and the same is hereby amended by adding to said charter a new section to be known and designed as Section 109, and to read as follows: Section 109. That the Mayor and Council of the City of Fitzgerald shall have full power and authority, by resolution or ordinance duly passed at any regular meeting by an affirmative vote of at least six members thereof, to reduce the amount of assessment or assessments against any property or portions thereof, either realty or personalty or both, appearing upon the tax digests of said city when in their judgment the same is excessive; to compromise and make settlement of delinquent or insolvent taxes which may

Page 1435

have been in arrears for more than three years, either by waiving interest and costs thereon and accepting payment of the principal alone or by accepting payment of such portion of the principal as in their judgment and discretion may be equitable and fair, taking into consideration the prior and existing condition and value of the property against which such taxes were assessed; provided, however, that any such ordinance or resolution may be passed only at a regular meeting of said body and only after a committee, consisting of not less than three members of council, shall have been previously appointed at a preceding meeting for the purpose of examining and appraising the property upon which such taxes have been assessed and shall have filed their written report of their findings and recommendations, and, provided, further, that any such ordinance or resolution so passed shall be subject to veto by the Mayor within five days after the passage thereof, which veto shall be in writing, shall be filed with the clerk of said city and shall be entered upon the minutes of the meeting at which such resolution or ordinance was passed, and may not be passed over such veto except by the unanimous vote of the entire membership of the city council at the next regular meeting following such vote. Reducing assessments. Section 14. Be It Further Enacted by the authority aforesaid, That, if any section or portion of this Act be declared unconstitutional, the remaining sections or portions hereof shall not be affected thereby and any section modified or amended by such portion of this Act so declared unconstitutional shall be and remain in full force and effect. 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 February 13, 1941.

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FLEMINGTON CITY CHARTERREFERENDUM. No. 49. An Act to incorporate the City of Flemington; to create a charter therefor; to prescribe the limits of said City; to provide for the mayor and council and other officials and employees of said City and to prescribe their qualifications, manner of election, terms of office, powers, rights, privileges and duties; to confer on said mayor and council certain duties, powers and privileges; to provide for all elections necessary for the purposes herein; to locate voting places, prescribe the method of holding elections and designate the qualification of voters; to declare and define the police power of said City; to regulate the public officers and other officers and employees of said City and, the salaries of all officers and employees of said City; to provide for the government of said City and for all matters of municipal concern and cognizance; to provide for public improvements of said City; to provide for the laying out and opening of streets, sidewalks, alleys, lanes, sewerage, parks, and other public grounds, and for maintenance of the same; to authorize the condemnation of private property according to law, for the purpose of streets, sidewalks, alleys, lanes, sewerage, parks, public grounds, and all other public purposes; to provide for the issuing of bonds for public improvement according to law, and to provide for the payment of any and all bonds of said municipality, and for the levy of taxes for any and all of said purposes; to provide for the assessment and collection of taxes ad valorem on property in said municipality, and a tax on business therein; to provide for and establish and maintain a system of rights and power for lighting the streets, public places, parks, private residence and business, and public buildings in said City; to provide for and establish a water system for

Page 1437

said City and for the use of the inhabitants thereof, and for fire prevention and commercial purposes; to provide for the erection of artesian wells, tanks, reserviors, and sand pipes, to be used within connection with said water system, and to do and perform any act or acts necessary in supplying a complete water supply system for said City; to create a fund to be held separate and a part from all funds of the City, which fund shall be known as the water supply system fund; to authorize the manner of granting franchises, easements, etc., to individuals and corporations; to provide for the establishment, maintenance and care of cemetaries of said City; to provide for the promotion of health by declaring health zones and other precautionary measures to insure the health of the citizens of said City; to provide for the establishment of a recorder's court, to provide for the manner of arrest, trial, and punishment of violators of the ordinance of said City; to provide a chain-gang for said City; to provide the manner of assessing property subject to taxation by said City; to provide the manner of enforcing the collection of taxes of all kinds including street taxes, property taxes, license taxes, or other debts owing to said City; to authorize and empower the mayor and council of said City to pave or hard surface streets and sidewalks in said City, and to issue bonds for that purpose, and to assess the property of owners affected, onehalf of the cost thereof, and to issue execution against said property owners for their assessments and enforce the collection thereof, to authorize the said City to issue bonds for any and all municipal purposes in the same manner as is now provided by law; to establish by ordinance, fire zone for 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:

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Section 1. That from and after the passage of this act the City of Flemington located in the County of Liberty and State of Georgia, be, and the same is hereby incorporporated under the name and style of The City of Flemington, and by that name it shall be and is hereby vested with all the rights, powers, and privileges incidental or necessary to municipal corporations in this state, and by this name, the City of Flemington, may be sued and may sue, contract, and be contracted with, plead and be impleaded, have and use a common or corporate seal, make and enact by and through its Mayor and Council of said City of Flemington, such ordinances, rules, regulations, and resolutions for the welfare and proper government of said City, and for the transaction of the business of said City as such mayor and Council of said City of Flemington may deem good and proper, consistent with the Constitution and Laws of the State of Georgia, and of the United States; and the said City of Flemington is hereby authorized and empowered to purchase, hold, rent, lease, acquire, to receive by gift, donation, or otherwise, and to sell, exchange, enjoy, possess, and retain, temporarily or permanently, for any period of time any property, real or personal, any estate, lands or tenements, of any kind whatsoever it may deem needful or useful for corporate purposes. City of Flemington charter authority. Section 2. Be it further enacted, that the corporate limits of said City of Flemington shall extend one mile in every direction from the present Post Office at Flemington, except that in the North and Northwest direction, the line shall begin at the point where Camp Stewart Anti - Air - Craft Eastern line crosses the Sunburry Public Road and shall run thence in a Northeasterly direction along the line of said Camp Stewart to a point where said line crosses the old Hines Public Road. Corporate limits. Section 3. Be it further enacted, that the municipal government of said City of Flemington shall be vested in a

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Mayor and Six Councilmen, who shall compose the City Council, whose qualifications and manner of election are hereinafter prescribed. Mayor and council. Section 4. Be it further enacted, That any person who is a free holder and resident of the said City of Flemington, who shall be twenty-one years of age or older, and is qualified to vote in said municipal election, and who shall have been a resident of the State of Georgia for a period of twelve months and of the City of Flemington for six months, shall be eligible to the office of Mayor and, or Councilman. Qualifications for office. Section 5. Be it further enacted, That H. L. Stacey, be, and he is hereby designated as Mayor of the City of Flemington, and that J. E. Hook, W. F. Martin, H. G. Stacey, and P. F. Shave, M. F. Martin, and H. C. Saunders, be and they are hereby designated as Councilmen for the said city of Flemington, who shall hold office until their successors are elected and qualified as in this Act provided. The annual election for said mayor and councilmen shall be held on the first Saturday in December 1941, and annually thereafter; and in the event the office of Mayor or councilman shall become vacant by death, resignation or removal, their successor shall be elected by a majority vote of the remaining council and the officer so elected shall hold office for the unexpired term, and until his successor is elected and qualified. Mayor and council named. Section 6. Be it further enacted, that all elections held under the provisions of this Charter, for regular or special, shall be held in the City Hall, or such other places as the Mayor and Council may hereinafter designate, and in the annual elections the poll shall be open from Twelve o'clock noon until Seven o'clock P. M.; and after counting the ballots and consolidating the returns of such election, the Superintendants shall certify the results to the Clerk of Council

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for delivery to the Mayor and Council, who shall meet on Monday following the election, and declare the result of said election. If any person shall desire to contest any election held under and by virtue of this Charter, said contest shall be held, and notice thereof given, as is now provided for contest of elections for County officers in this State. Elections. Polls open from 12:00 noon to 7:00 P. M. Section 7. Be it further enacted, That all persons who shall have paid all poll taxes due the State of Georgia and all ad valorem taxes due the City of Flemington, and who shall have been a bona fide resident of said City for ninety days previous to the time of holding said election, and who shall have registered as a voter therein, and who are otherwise qualified for members of the General Assembly of the State of Georgia, shall be considered electors and be entitled to vote in any election held in the said City of Flemington, and no other person shall be so entitled to vote. Qualifications of voters. Section 8. Be it further enacted, That the City Clerk shall keep open at all times, a book for the registration of voters, and all qualified voters shall register with said clerk and take the usual oath. Except that said Clerk shall close said registration book thirty days before the annual election and no elector shall be entitled to register and vote in said election whose name does not appear on said registration book. The clerk shall then prepare a list of qualified voters from said registration book, and furnish same to the Managers of said election. Only such persons as whose names appear on said list shall be eligible to vote. All rules and regulations herein provided for the annual election shall be applicable to any and all special elections held in said City of Flemington, until and unless the said Mayor and Council shall prescribe such other and further regulations by proper ordinance of said City. Registration of voters. Section 9. Be it further enacted, That the City Council at their first meeting shall elect a Clerk whose duty it shall

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be to keep an accurate record and minutes of all minutes of the Council of said City, and shall act as registrar for the registration of all voters of said City, and shall perform all other duties to be prescribed for him or her by the mayor and council of said City. He shall devote so much time to the duties of said office as the mayor and council may prescribe, or as the business requires, and shall be paid such salary as the Mayor and Council may deem adequate. Clerk. Section 10. Be it further enacted, That at the first meeting the Mayor and Council of said City, that body shall elect a treasurer of said City, fix his term of office, fix the amount of his bond and shall fix his salary, and determine his qualifications. He shall be custodian of all moneys and securities of the said municipality, keep a correct book account of the same and shall render an accounting thereof, when, and as called for by said City Council, and shall do and perform in his office such duties as said City Council may prescribe. Treasurer. Section 11. Be it further enacted, That the mayor of said City of Flemington shall act as recorder, who shall hear and determine all cases against individuals or corporations, who shall, or may be charged with violation of any of the City ordinances of said City of Flemington and any such offenders found guilty shall be punished as herein provided. As City Recorder he shall have all the power necessary to issue warrants for offenses committed in the corporate limits of said City for violation of State laws. Recorder. Section 12. Be it further enacted, That the mayor of said City of Flemington shall be the Chief Executive officer of said City and shall see that the Ordinances, by-laws, rules and orders of the City Council are faithfully executed. He shall have control of the Marshall and police force of said City, and may appoint special officers to be known as deputy marshalls whenever he may deem it necessary for

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the protection of persons or property, or the preservation of peace and good order in said City. He shall preside at all meetings of the City Council, but shall have no veto power. All City employees under the jurisdiction of the Mayor and Council shall be directly and immediately subject to the orders of the Mayor when the Council is not in session and he shall have a right to remove any City employee for cause, subject to final approval of the City Council either at the next succeeding regular meeting or a special meeting called for the purpose, approving the action of said mayor. The Mayor shall have general supervision of all of the affairs of the City. He shall have power and authority to convene the City Council in extraordinary session whenever in his judgment it is proper so to do and shall do and perform all such other duties and responsibilities as the City Council may impose by ordinance. Mayor and council duties. Section 13. Be it further enacted, That the Mayor and Council of said City of Flemington shall have the right and power to appoint or elect, a City Physician, a City Attorney, a City Engineer, a Superintendent of Construction, a Marshall, deputy marshalls, and such other officers and employees necessary in the opinion of said Mayor and Council for the management and operation of the said City of Flemington and to prescribe their duties and fix their salaries. Said Mayor and Council may provide by suitable ordinance for the consolidation of any two or more of said offices in one person. Said Mayor and Council shall determine which of said officers shall give bond and the amount of such bond and the securities therein. All such officers shall hold their employment during the pleasure of the Mayor and Council of said City of Flemington, and shall fix the salary each of said officers shall receive. Selection of employees. Section 14. Be it further enacted, That the said Mayor and Council shall have the right to create and maintain sanitary regulations, elect or appoint officers to have charge

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of the same and fix their salaries. They shall have the right in this connection to lay out and regulate sanitation in said City by prescribing and laying out said City in zones and to enact suitable rules and regulations for the maintenance of good health in said City. Sanitary regulations. Section 15. Be it further enacted, That the said Mayor and Council shall have the right to lay out fire zones, in said City, to pass rules and regulations for the building, and preservation of business houses and dwellings, prescribe the material to be used in the construction thereof and to provide by suitable ordinance for permits for the construction of buildings in said City of Flemington and provide a fee for the grant of said permits. Fire zones. Section 16. Be it further enacted, That all persons owning property, real or personal, within the corporate limits of said City shall make returns thereon for taxation purposes to the Clerk of said City Council, or such other official as the Mayor and Council may direct and the books for receiving such returns shall be open on January 1st, of each year and shall remain open until May 1st, thereafter. Said property shall be returned by the property owner or his agent, on blanks to be furnished by said City at a fair market value of the property so returned. After the close of said books the said Mayor and Council shall examine the returns so made and in the event said property is returned for less than market value, they may, and are hereby authorized to assess said property for taxation purposes, and in the event said property should be returned at a value greater than its market value, said Mayor and Council may reduce the value placed thereon by the tax payer. And in the event the owner of property in said City fails to make a return thereof for taxation purposes as herein provided, then the Mayor and Council shall assess such property, and cause the same to be placed on the tax digest for taxation purposes, and as a penalty for the failure of such return,

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add a penalty of ten per cent to the amount of taxes due on said property as assessed. And said Mayor and Council may provide by suitable ordinance for the levy, assessment and collection of all taxes due said City, by the issuance of executions or other processes against the person and property located within said City, and enforce the collection thereof through its proper officers. Property returns for taxation. Section 17. Be it further enacted, That the said Mayor and Council may levy a tax against the ad valorem property of said City of Flemington in an amount not to exceed ten per cent on the dollar of such taxable property for general purposes. Ad valorem taxes. Section 18. Be it further enacted, That the Mayor and Council of said City shall have power and authority to license, regulate, and control all businesses or exhibitions operated or maintained within the said City, and shall have the power to assess and collect a license tax for the operation thereof, and shall have the right to license and collect license fees for the conduct of any business or trade conducted within said City, and the laying of such license fee shall constitute a lien on all of the property of the tax payer or person liable, and shall take rank as provided by law for city taxes, and shall provide by City Ordinance to protect a person from such license fees for the sale of produce in said City raised or grown by the owner who offers to sell. Power to regulate businesses. Section 19. Be it further enacted, That upon default in the payment of ad valorem taxes, or license taxes as herein provided the City Clerk shall issue execution in the name of said City, which shall be levied by the marshall or his deputies upon the property of the tax payer, and as to land sell the same before the City Hall after advertisement of the time and place of sale, once a week for four weeks in the newspaper published in the County of Liberty in which the Sheriff's advertisements are made, to the highest bidder for

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cash, on the first Tuesday of the Month following the advertisement, within the legal hours, of sale. And the marshall of said City shall execute deed and title to the purchaser at said sale, which deed shall have the force and effect of a Sheriff's Deed in this State. And all personal property levied upon by said marshall be sold before the door of the City Hall or usual place of holding council meetings after advertising place and time and terms of sale on the bill board of said City Hall or usual place of holding council meetings and two other places in said City by posting notice of said sale. And said mashall shall execute bill of sale for the purchase of said property, which shall have the effect of bills of sale executed by the Sheriffs of this State. Tax executions. Section 20. Be it further enacted, That should the Mayor of said City or any City Councilman thereof move his residence from said City, his office shall immediately become vacant, and the City Council shall so declare and the vacancy shall be filled as provided in this Act. Vacancy in office. Section 21. Be it further enacted, That the Mayor and Council of the City of Flemington shall have police power for the regulation of the conduct of all persons and corporations within said city and to prescribe by ordinance a penalty for the violation thereof. Police power. Section 22. Be it further enacted, That said Mayor and Council shall have power to define and abate nuisances within the City and within the water sheds therefrom leading to and from said City, to provide how and what notice such persons interested shall have for the abatement of any such nuisance and in the event said nuisance is not abated the City shall have a right by proper ordinance to destroy, remove or otherwise abate the nuisance at the expense of the property owner and any such person maintaining a nuisance after notice as herein provided, he, they or it may be liable in damages to any person injured thereby. Nuisances.

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Section 23. Be it further enacted, That the Mayor and Council of said City of Flemington shall have the power and authority to condemn private property for any public use of said City, under rules and regulations passed by said Mayor and Council and in accord with the provisions of the General Laws of Georgia on this subject. And said Mayor and Council shall have power and authority to grant franchises, permits, easements and rights of way over and on any of the property belonging to said City, and shall by ordinance prescribe rules and regulations for the operation of any business that may be operated on such property of said City for franchises, permits, easements or rights of way have been granted. Said City shall have the right and power to lay out fire limits of said City and by ordinance prescribe the kind of buildings constructed on any property, public or private within said fire limits, and shall have the right to authorize by permit the construction of such buildings as are by ordinance authorized, and shall by ordinance prevent the construction of such buildings within said fire limits that may be dangerous, or that may be a detriment to the health of said City. Condemnation of property. Section 24. Be it further enacted, That the Mayor and Council of said City of Flemington shall have power and authority to pass ordinances to require and provide for the pavement of streets, sidewalks, lanes and alleys of said City, and to prescribe thes materials to be used, and the character of such pavement, and to prescribe the method of payment thereof, and to this end the City of Flemington is authorized and empowered to apportion the cost of such pavement as may seem equitable and just, and in such amount as may seem equitable and just between the said city council and the abutting property owner on each side of the streets, sidewalks, lanes and alleys of said City, provided however that in no event shall the amount apportioned against the abutting property owners shall be more

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than one half the total cost of pavement and provided further that no such amount shall be apportioned for the construction of such streets, sidewalks, lanes and alleys unless a majority of the land owners fronting or abutting such streets, sidewalks, lanes or alleys shall first give their written consent. Such apportionment of the amount of such pavement as herein provided as may be assessed against the abutting property owner may be collected by the issuance of execution in the same manner as taxes are collected, and said executions may be levied on any property of the land owner abutting said street, sidewalk, lane or alley. Streets and sidewalks. Section 25. Be it further Enacted, That the said City of Flemington shall have the right to purchase, construct, operate, and maintain a public park, or parks in said City, and shall have the right to establish and maintain within said City a cemetary or cemetaries for the burial of the dead either within or without the City limits of said City. Parks. Section 26. Be it further enacted, That the City of Flemington is authorized and empowered to purchase, operate, and maintain a system of lighting for said City and operate and maintain a public lighting system and the right and power to sell to the public including citizens and enterprises and towns outside the City of Flemington, electric current, gas, or other lighting or power method, and the Mayor and Council shall prescribe by ordinance the rules, regulations and rates, governing the operation of such lighting or power system, and said City of Flemington shall have the right and power to provide for an issue of bonds for the purchase, operation or any improvement of lighting or power system including gas, as is provided in this section, under the rules and regulations as now prescribed by the laws of Georgia for the issuance of bonds by the several counties of this State. Lighting system. Section 27. Be it further enacted, That the City of Flemington

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is authorized and empowered to purchase, own, operate and maintain a system of water supply in said City, and the Mayor and Council of said City shall have the right and power to regulate the sale and use of said water power to the inhabitants of said City or other persons or corporations within or without said City, and shall have the right to issue bonds for the purchase, construction, maintenance, repair and extension of such water system, in said City. The mayor and council are authorized to create a water commission who, for and in the name of said City may take and hold lands, rights, franchises and property of every kind, purchased by the said City for the Construction of any water system, aqueduct, reservoir, or tanks and pipe for the conveying of said water, direction of buildings or machinery and otherwise equipping the system for use in the said City. The said mayor and council shall have the power to fix the rates, schedules, or rents, to be collected from themselves or other persons using said water, and all such monies so collected shall be turned over to the Treasurer and placed in the general funds of said City and expended as the mayor and council may direct. Waterworks system. Section 28. Be it further enacted, That said City of Flemington is authorized and empowered to purchase, own, operate, and maintain a system of fire department and to make purchase of all material and equipment necessary or useful in the establishment, maintenance and operation thereof, and the said City is authorized to issue bonds, purchase property, real or personal for the installation of said system. Fire department. Section 29. Be it further enacted, That the said City of Flemington shall have the right to issue bonds for any and all public purposes whether herein authorized or that may be deemed needful or necessary by the said mayor and council, said bonds shall be issued in the same manner as bonds may be now issued by the several counties of the State, the said Mayor and Council acting for said City in the same

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capacity as the County Commissioners would act for said counties. The calling of this election, the fixing of the date thereof, the maturity and amount of said bonds shall be determined by the said mayor and council. And the said mayor and council shall have, and they are hereby given, the right to levy and collect a tax sufficient in amount to retire said bonds, principal and interest at maturity. Bonds. Section 30. Be it further enacted, That the said Mayor and Council shall have the right and power to establish and maintain a chain gang in said city for the purpose of working person or persons who violated the ordinances of said City and who have been sentenced to work on the chain gang by the courts of said City. Chaingang. Section 31. Be it further enacted, that the said Mayor and Council shall have, and they are hereby given the right to do and perform such acts and things as may be necessary or expedient for the conduct of the affairs of said City, and the welfare of its citizens, and such other general powers and authority as are granted to municipalities under the laws of the State of Georgia, or that may hereafter be granted to said municipalities. General powers. Section 31 (a). Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That before this Act shall go into effect. the question of whether said City of Flemington shall be incorporated, shall be submitted to the voters, at an election to be held at H. L. Stacy Store House (Flemington Post Office) on the 5th day of April 1941, between the hours of 12 o'clock M. and 7 o'clock P. M., at which election all persons resident of the Area to be included in the City of Flemington for Ninety days or more, and who are otherwise qualified to vote for members of the General Assembly of Georgia, shall be eligible to vote. The election shall be held by

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H. L. Stacy, D. F. Martin and J. E. Hook, residents of the area of said City of Flemington as herein defined, The election shall be held under the rules and in the manner provided by law for the holding of elections for members of the General Assembly of Georgia, The election managers shall declare the result of said election not later than 8 o'clock P. M. on the date same is held. The clerk of the Superior Court of Liberty County Georgia shall furnish to said election managers, list of all persons qualified to vote in said election, not later than 9 o'clock A. M. on April 5th 1941. All voters at said election shall have written or printed on their ballots For Incorporation of Flemington or Against incorporation of Flemington, If a majority of the votes cast shall be in favor of the incorporation of said City of Flemington, then this Act shall at once go into effect, but if the election be unfavorable, then the Act shall be nul and void. Referendum. Section 32. Be it further enacted, That all laws and parts of law in conflict with the provisions of this Act, be, and the same are hereby repealed. Approved February 17, 1941. FOREST PARK CANDIDATES MUST SPECIFY OPPONENTS. No. 28. An Act To amend an Act to incorporate the town of Forrest Park in the County of Clayton and amendatory Acts thereof, to prescribe its limits; to provide for a mayor and council of said town and prescribe their duties and powers and the manner of their selection; to provide for the government of said town; to provide for the manner of qualifying as a candidate for said council 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 Section 16 of said Act be amended and the same is hereby amended by adding the following sentence to said Section: Provided further that said candidate when qualifying shall specify in writing the name of the alderman that he desires to succeed, so that said Section when amended shall read as follows: Section 16Be it further enacted, That no person shall be eligible to office of Mayor or Alderman of said town unless he shall have resided in said town not less than one year immediately preceding his election, and shall be qualified voter in the municipal elections for officers of said Town of Forrest Park, and shall be a freeholder in said town, and shall qualify as a candidate by filing his name with the Clerk of said town at least ten days before said election. Provided further that said candidate when qualifying shall specify in writing the name of the alderman that he desires to succeed. Candidates to specify opponents. 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 13, 1941. FORSYTH CHARTER AMENDMENTS. No. 169. An Act To amend an Act entitled an Act to consolidate and to codify the various Acts incorporating the City of Forsyth, etc, appearing on pages 427-442 of Georgia Laws 1902 and all Acts amendatory thereto by providing that the Mayor and Aldermen of the City of Forsyth are authorized and empowered to make, keep, and maintain parks, municipal golf grounds, swimming pool, waterworks system, located outside of the corporate limits of

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Forsyth, and to receive, hold, and own the fee simple title to such real estate and personal property as may be necessary for such parks, municipal golf grounds, to make and enforce such rules and regulations, as may, in the discretion of the Mayor and Aldermen of the City of Forsyth, be necessary to preserve good order, peace, and dignity therein, to provide for police supervision over such grounds and territory, and for other purposes. Be it enacted by the General Assembly of Georgia and it is enacted by authority of the same: Section 1. That the Act of the General Assembly entitled an Act to consolidate and codify the various Acts incorporating the City of Forsyth, etc, approved December 18th, 1902, and appearing on pages 427-442 of Georgia Laws 1902 and all Acts amendatory thereof and thereto, be and the same are hereby amended by providing the following: Act of 1902 amended. Section 2. That the Mayor and Aldermen of the City of Forsyth are authorized and empowered to make, keep, and maintain parks, municipal golf grounds, swimming pools, water works system, located outside of the corporate limits of City of Forsyth, to receive, hold, and own the fee simple title to such real estate and personal property, as may be necessary for such parks, municipal golf grounds, swimming pools, or public grounds, to make and enforce such rules and regulations, as may, in the discretion of the Mayor and Aldermen of the City of Forsyth, be necessary to preserve good order, peace and dignity therein, to provide for police protection and supervision over such grounds and territory. Authority of mayor and council. Section 3. That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved March 12, 1941.

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GAINESVILLE RETIREMENT FUND. No. 73. An Act To amend the Charter of the City of Gainesville and the Acts Amendatory thereof: To provide for the creation of a Retirement Fund for the Payment of benefits to certain salaried employees of the City of Gainesville: To provide for the collection, administration and proper disbursement of said Retirement Fund: To provide for the raising of such retirement fund and to provide for the administration of said Retirement Fund to carry out the purpose of this Act: And to provide for the age qualification of certain employees: And for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. There is hereby created a system of Retirement for City employees of the City of Gainesville, Georgia, a method of providing a fund for the payment of retirement benefits, which shall be deposited with the Clerk of the City of Gainesville who shall be custodian thereof, and who shall keep said fund separate and apart from the other funds of the City of Gainesville, and which shall be used exclusively for the purposes provided for in this Act, and which shall be collected, administered and disbursed according to the provisions of this Act. Retirement system created. Section 2. From and after the passage of this Act the City of Gainesville shall, each month, levy upon the monthly salary of each and every salaried employee of said City, whose salary is paid by the month, an assessment of 2% of said monthly salary each month, which assessment shall be deducted from the salary of each employee by the City Clerk or other office in charge of the payment of such salaries. In like manner, the City of Gainesville shall,

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through its City Commission, appropriate from the funds of the City of Gainesville, and pay into the retirement fund hereby created, a sum of money equal to 2% of the aggregate amount of the salaries of the employees affected hereby; the purpose being that the City of Gainesville will contribute to such fund a sum equal to the total sum costributed thereto by the employees of the City of Gainesville, and nothing in excess thereof. Salary assessments. Section 3. In the event there should accumulate in such fund more money than should be needed for immediate use, the Trustees hereinafter provided for are empowered to invest such excess fund in United States Bonds, State of Georgia bonds, or Georgia Municipal Bonds, but not otherwise. Investments. Section 4. The general administration and responsibility for the proper operation of the Retirement System, and for making effective the provisions of this Act, is hereby vested in a Board of Trustees, consisting of one member of the Police Department, one member of the Fire Department, one member of the Public School System, one member of the remaining other monthly salaried employees of the City of Gainesville, and the City Clerk. Said five Trustees shall pass upon all applications and all business pertaining to the Retirement Fund and all rights and privileges of the employees hereunder. Board of trustees. Each and every member of the Police Department, of the Fire Department, and the employees of the City School System shall be qualified to vote in an election for a Trustee to represent each of said departments on the Board of Trustees, and likewise the remaining employees of the City of Gainesville who shall be affected hereby shall be entitled to vote in an election of a Trustee to represent them on the Board of Trustees. Election of trustees. A meeting for the purpose of electing the Trustee from

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the Police Department shall be held within thirty days after passage of this Act, and all persons who are qualified to vote at said election shall be notified in person or by writing five days in advance of said meeting by the City Clerk. In like manner and within the same time meetings shall be held for the purpose of electing the Trustee from the Fire Department, the Trustee from the Public School System and the Trustee from the remaining salaried employees; and persons qualified to vote at said election shall be so notified five days in advance of said meetings by the City Clerk. The City Clerk shall preside at the election of said Trustee and a majority of those voting shall elect. The term of office of each of said Trustees, except the City Clerk, shall commence on the first Monday after his election and continue for a period of two years, and until his successor shall be elected and qualified. An election shall be held, in the manner hereinbefore described, at the expiration of the term of office of each Trustee, except the City Clerk, for the purpose of electing his successor; and election for each Trustee, except the City Clerk being compulsory every two years. Said Board of Trustees may establish reasonable rules and regulations for the purpose of administering this Act, but not inconsistent with same. Rules and Regulations. Any employee dissatisfied with the action of the Board of Trustees, shall have the right of appeal to a jury in the Superior Court of Hall County, Georgia, within thirty days from the date of such action by said Board, but said employee shall defray all expenses of appeal from an action by said Board. Appeals to superior court. Section 5. If a vacancy occurs in the office of Trustee, the vacancy shall be filled for the unexpired term within thirty days and in the same manner as the office was previously

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filled; provided however, that during such vacancy the action of the four remaining members of the Board shall be binding in all business which they may transact. Vacancy. Section 6. The trustees shall serve without compensation. Section 7. Each Trustee, other than the City Clerk, shall, before assuming the duties of his office, 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 or wilfully violate or permit to be violated any of the provisions of the law applicable to the Retirement System. Such oath shall be subscribed to by the Trustee making it, and certified by the said Clerk, and filed in his office. A similar oath shall be made by the City Clerk before the Mayor or other executive head of the City, which oath shall be subscribed to by the City Clerk before the Mayor or other executive head of said City, and filed in the office of said Mayor or other executive head of said City. Oath. Section 8. Attendance of Trustees at all Board Meetings shall be compulsory. Any Trustee who neglects the duties of his office may be removed by the Board. Attendance of trustees at board meetings compulsory. Section 9. Money shall be withdrawn from the Fund created by this Act only upon warrants executed by the person or persons selected by a majority of the Board of Trustees, and in amounts authorized by a majority of the Board of Trustees. Warrants for withdrawal of money. Section 10. Retirement-Eligibility (a) To be eligible for retirement an employee must have reached the age of sixty years or must have been a salaried employee, in the aggregate service of the City of Gainesville,

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for twenty-five years, and must have paid into said Retirement 2% of his monthly salary for at least two years. Retirement eligibility. (b) No person employed by the City of Gainesville on the day of the passage hereof, shall be compelled by the Board of Trustees to retire until said person shall have reached the age of sixty-five years. (c) Retirement under the provisions of this Act shall be optional with or in the discretion of the Board of Trustees or a majority of them when the employee is between the ages of sixty and sixty-five years, but said Board shall with the exceptions specified in Section 10, Retirement-Eligibility, paragraph (e), compel the retirement of any employee reaching the age of sixty-five years at the end of the month in which the sixty fifth birthday of said employee is reached. Retirement optional between age of 60 and 65. (d) Any person who will have completed twenty-five (25) years of service at the time of the passage of this Act, but who has not become sixty-five years of age on or before January 1, 1942, will be required to work five years longer unless the sixty-fifth birthday is reached during this five year period or unless said person becomes permanently and totally disabled. Twenty-five years service. (e) No employee of the Public School System shall be compelled by the terms hereof to retire during any school year and shall be allowed to complete any school year which has been commenced when the age of retirement is reached, and any employee of any department who is affected hereby, and who, when the age of retirement is reached, has worked as much as half a year, which should be counted in his years of service for computing his retirement benefits hereunder, shall be allowed to complete such year so as to give him credit for the full time he has worked. Completion of school year before retirement.

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Section 11. Retirement Benefits. (a) An employee retiring under the provisions of this Act shall receive monthly benefits for the remainder of his life in a sum of money equal to one-half the amount of his monthly salary at the time of retirement, provided the employee shall have completed 25 years of aggregate service for the City of Gainesville. If the employee has not, at the time of retirement, completed twenty-five years of aggregate service to the City of Gainesville, then the Board of Trustees shall cause to be paid to said employee a monthly sum of money equal to the same percentage of half of his salary at the time of retirement that his years of service bear to twenty-five years. Said benefits shall be paid said retired employee from the retirement fund herein provided for on the first of each month until the death of said employee. Monthly retirement benefits. (b) Should an employee die without having received any actual cash benefits hereunder, the amount he has contributed to said Retirement Fund, less five percentum, shall be paid to his heirs at law, or to any person, firm or corporation designated by such employee in writing before his death. Death benefits. (c) Should a retired employee die without having received in retirement benefits a sum equal to the amount he has paid into the Retirement Fund, then the difference between the amount paid into the fund by the employee and the amount received by the employee in benefits shall be paid in regular monthly installments or in a lump sum, at the discretion of the Trustees, to the heirs at law of said deceased employee, or to any person, firm or corporation designated by him in writing before his death. (d) Should there be more than one heir at law of a deceased employee entitled to benefits, or should one or more of said heirs at law be not sui juris, the Board of Trustees,

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at their option, may designate some person, firm or corporation to receive said benefits for the use and benefit of all the heirs at law of said deceased employee, said benefits to be paid in regular monthly installments to said person, firm or corporation. Section 12. Any employee leaving the service of the City of Gainesville for any reason other than retirement by the Board of Trustees, shall be refunded the actual amount of money he has paid into the Retirement Fund, less five percentum which said five percentum shall remain in said fund; provided, however, that any employee who leaves the service of the City of Gainesville and withdraws the amount of his contributions to the Retirement fund as in this section provided, shall not receive credit for the time of service represented by such withdrawal until and unless he shall have repaid said sum into said retirement fund. When employee leaves service before retirement. Section 13. Employees subject to the provisions of this Act shall be all employees of the City of Gainesville who receive a monthly salary such as School Teachers, firemen, policemen, Clerks, mechanics, and persons of skill. Occasional and temporary employees, day laborers and persons working for weekly wages are not subject to the provisions of this Act. Employees subject to this act. Section 14. Within sixty days from the passage of this Act the City of Gainesville, by and through its Commissioners or governing body, shall appropriate and pay into the Retirement Fund a sum of money equal to the amount now in said Fund which has accumulated by voluntary agreement of City Employees since February 1, 1940. Appropriation of money from city. All employees of the City of Gainesville who are subject to the provisions of this Act, and who have not already done so, shall pay into said Retirement Fund prior to February 1, 1942, a sum equal to 2% of their salaries since February 1, 1940 by assessments against and deductions

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from their salaries by the City of Gainesville in sufficient amounts to accomplish that purpose, and the City of Gainesville by and through its commissioners or governing bodies shall appropriate and pay into said Fund a sum of money equal to the amount paid by said employees who have not heretofore contributed to said Retirement Fund. Employees who have not paid must pay. Section 15. Immediately upon the passage of this Act, the Board of Trustees elected and qualified as herein provided, shall at once establish the service record of all employees of the City of Gainesville who may be entitled to participate in the benefits of this Act, and shall keep and maintain a record thereof, and said Board shall at all times keep a service record of all employees subject to the provisions of this Act. Service record of employees. Section 16. From and after the passage of this Act, no person more than thirty-five years of age may be employed by the City of Gainesville, Georgia, except the ones excluded under Section 13 of the Act and the City Manager and Superintendent of Schools. Persons over 35 may not be employed. Section 17. The retirement Fund and the benefits provided for in this Act shall not be subject to garnishment for debt or to any other legal process or proceeding. Retirement funds not subject to legal process. Section 18. That the said Charter of the City of Gainesville be and it is hereby amended as provided in this Act. Section 19. All laws and parts of laws in conflict with this Act are hereby expressly repealed. Approved February 24, 1941.

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GARDEN CITY CHARTER. No. 448. An Act To create a new municipality in Chatham County, Georgia, to be known as Garden City; to dissolve the Town of Industrial City Gardens, created by order of the Superior Court of Chatham County, Georgia, on February 8, 1939; to provide a Charter for Garden City; to declare the rights and powers of said corporation, and of its officers; and for other purposes. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by authority of the same, that there shall be, and there is hereby, created in Chatham County, Georgia, a Municipality to be known as Garden City, with the following boundaries, to-wit: On the North by Pipe Maker Canal, on the East by the right-of-way of the Chatham Terminal Company and the right-of-way of the Atlantic Coast Line Railroad and U. S. Highway Seventeen (17), on the South by Brampton Road and the old Augusta Road, and on the West by the old Augusta Road, and being the same territory heretofore comprising the Town of Industrial City Gardens. Garden City created and boundaries defined. Section 2. Be it further enacted that the Municipal Government of Garden City shall be vested in a Mayor and Five (5) Councilmen, who are hereby constituted a body corporate under the name and style of Garden City, and by that name and style shall have peretual succession, shall have a common seal, and be capable to purchase, have, hold, receive, enjoy, possess, and retain to them and their successors, and to sell, lease and convey, any property, real or personal, of whatever kind or nature, within or without the corporate limits of said Town, for corporate purposes; and shall, by said name, be capable of suing and of being sued. Mayor and 5 councilmen.

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Section 3. Be it further enacted that the following shall be Mayor and Councilmen respectively, from the passage of this Act until their successors are elected and qualified: Mayor and councilmen named. Edgar C. Pipkin, Mayor M. O. Blackburn Howard J. Bishop W. B. Jones W. A. Marks H. W. Tuten, Councilmen That an election of a Mayor and Five (5) Councilmen shall be held upon the first Monday in December, 1941, and every two (2) years thereafter on the same day, and the hours of voting at such election shall be between Ten O'clock in the forenoon and Five O'clock in the afternoon. The Mayor and Councilmen hereafter elected and qualified shall hold their respective offices until their successors are duly elected and qualified. Election polls to be open from 10:00 A. M. to 5:00 P. M. Section 4. Be it further enacted that in case a vacancy shall occur in the office of Mayor or of Councilman by death, resignation, or any other cause, such vacancy, or vacancies, shall be filled by a majority vote of the remaining officers within Sixty (60) days after such vacancy. Vacancy. Section 5. Be it further enacted that the Mayor may appoint a Clerk of Council who shall serve at the pleasure of the Mayor and Councilmen, and whose compensation, if any, shall be fixed by the Mayor and Councilmen. Clerk. Section 6. Be it further enacted that all elections, held under the provisions of this Charter, shall be supervised and managed by three (3) free-holders, all of whom must be duly qualified voters of said Town, and shall be named by the Judge of the Superior Court of Chatham County, Georgia, at least ten (10) days prior to the day of election. So far as possible, each candidate or fraction shall be afforded representation among the managers. Each manager,

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before entering upon his duties as such, shall take and subscribe an oath before some notary public, or officer qualified to administer an oath, that he will faithfully and impartially conduct such election, prevent all illegal voting and honestly declare the result of said election to the best of his skill and power; and such manager shall keep, or cause to be kept, two (2) lists of the qualified voters and two (2) tally sheets of said election. Upon the completion of the counting of the votes, the manager shall immediately make out signed, duplicate certificates of the returns, under oath, of the election, said certificates to give the name of each candidate voted for and the number of votes received by each candidate. One of said certificates, the ballots voted, the list of qualified voters and the tally sheets, and all other papers used in such election, shall be delivered, under seal, by the election managers to the Clerk of the Superior Court of Chatham County, Georgia. Another of said certificate returns shall be delivered to the Mayor and Councilmen before twelve o'clock, noon, of the day following the election. The election managers shall also, at the conclusion of the counting of the ballots, publicly announce the results of the election. The candidate for Mayor receiving the highest number of votes shall be deemed elected Mayor, and the five (5) candidates receiving the highest number of votes for councilmen shall be deemed elected councilmen. The names of all candidates for Mayor or Councilmen shall be filed in writing with the Mayor, or the Clerk of Council, at least ten (10) days prior to the day of election. In all elections for Mayor and Councilmen, there shall be provided for use in said election, official ballots containing the names in alphabetical order of all such candidates for Mayor and Councilmen and the voters shall scratch thereon the names of all candidates against whom it is proposed to vote. The ballots shall be prepared by the Mayor or the Clerk of Council at the expense of the Town, and there shall be provided at the place of election, at the

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opening of the polls, not less than three (3) times as many ballots as there are qualified voters. No vote cast on any other ballot shall be received by the managers of the election; if received by error, or otherwise, it shall not be counted; no vote shall be counted which may be cast for more than one candidate for Mayor, nor more, nor less than five (5) candidates for Councilmen. Election managers. Oath. Lists of qualified voters and tally sheets. Elections. Section 7. Be it further enacted that the Mayor and Councilmen shall, by resolution, prescribe one voting place within said Town. Voting place. Section 8. Be it further enacted that on the second Monday in January, succeeding the election, or as soon thereafter as practicable, the persons elected shall appear at a place within the corporate limits designated by the Mayor, and subscribe to an appropriate oath to faithfully and honestly perform the duties of the office to which the candidate has been elected, which oaths, together with the certificate of election, shall be recorded on the minutes of the Mayor and Councilmen. Oath of officers. Section 9. Be it further enacted that the qualifications necessary to entitle a person to vote for Mayor or Councilmen shall be as follows: Such person shall be at least twenty-one (21) years of age; shall have resided within the corporate limits of the Town for at least six (6) months next preceding the date of the election; shall be a citizen of the United States and of the State of Georgia; and shall have paid such poll tax as may be required by the State of Georgia for the year in which the election is to be held. Qualifications of voters. Section 10. Be it further enacted that the Mayor shall cause to be opened at a place within the corporate limits, a list for the registration of voters, each year in which the election is held, on the first Monday in November, which list shall be kept open during such reasonable hours as the

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Mayor may prescribe, each and every day (Sundays and Legal Holidays excepted) until fifteen (15) days preceding the day of election when such list shall be finally closed. Registration of voters. Section 11. Be it further enacted that it shall be the duty of the Mayor, or the Clerk of Council, upon application in person of any one 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 registry the name of the voter, the age and place or residence. The affidavit of the voter as to his qualifications as herein provided, and the exhibition of his poll tax receipt for the current year, shall prima facie entitle the voter to be registered. The list of registered voters shall be subject to examination at all reasonable times by any candidate for office and by other residents of the Town. Section 12. Be it further enacted that it shall be the duty of the Mayor or the Clerk to furnish to the managers presiding at any election, before the opening of the polls, a complete list of all the names, arranged in alphabetical order, which have been registered according to the foregoing provisions, and certified as such, which list shall be kept before the presiding managers during said election. No person, other than those on said list, shall be authorized or permitted to vote. List of registrants to be furnished managers. Section 13. Be it further enacted that no person shall be eligible to election to the office of Mayor or Councilman unless, at the time of such election, he is entitled to vote in such election. Section 14. Be it further enacted that the Mayor shall be chief executive of the Town; he shall see that all laws, ordinances, resolutions and rules of the Town are faithfully executed and enforced; that all officers of the Town faithfully discharge the duties required of them. The Mayor shall preside at all meetings of the Mayor and Councilmen;

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he shall have the right to vote in elections for officers and shall also be entitled to vote on all other questions before said body where there is a tie vote, except where he is disqualified. The Council may elect one of their number as Chairman of Council who shall act as Mayor pro tem in the absence of disqualification of the Mayor. Mayor's duties. Section 15. Be it further enacted that there shall be a Mayor's Court for the trial of all offenders against the laws and ordinances of Garden City. Said Court shall have the power to preserve order and compel the attendance of witnesses; to punish for contempt by imprisonment, not exceeding two (2) days, or a fine, not exceeding Twenty-Five ($25.00) Dollars, either, or both, in the discretion of the Mayor. The Court shall sit at such time and place as may be fixed by ordinance, and shall have full power and authority to sentence offenders upon conviction to such punishment as may be prescribed by ordinance, but such punishment for each offense shall not exceed a fine of One Hundred ($100.00) Dollars or imprisonment not exceeding Thirty (30) days in the County Jail of Chatham County, or put such offender to labor upon the public works of Chatham County not exceeding Thirty (30) days, and for the purposes aforesaid, such offenders may be committed direct from said Mayor's Court into the custody of the County authorities of said County; any one, or more, of such punishments may be imposed in the discretion of the Mayor. The Police Court of Savannah and Chatham County shall have concurrent jurisdiction, in the discretion of the Mayor, to hear all cases of the character above set forth, and shall be vested with all of the powers herein set forth. Mayor's court. Section 16. Be it further enacted that the Mayor and each of the Councilmen shall be ex officio a Justice of the Peace so as to enable them to issue warrants for violations of the criminal laws of the State committed in Garden City, and shall have full power, on examination, to commit the

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offenders to the jail of Chatham County, or to bail them if the offense is bailable, to appear before the Court having jurisdiction. Ex-officio justice of peace. Section 17. Be it further enacted that the Mayor and Councilmen shall have full power and authority to elect such police, health and other officers and employees as may be deemed necessary and proper for the safety, health and welfare of said Town; and shall have the power to regulate the time, mode and manner of electing such officers or agents; to fix their fees and salaries, if any; to take their bonds, if any; to prescribe their duties and their oaths; and may suspend, remove, or discharge them at any time, with or without cause, and with or without notice. Employees to be selected. Section 18. Be it further enacted that said Mayor and Councilmen shall have power to levy, impose and collect an ad valorem tax upon all real and personal property within the corporate limits of the Town that may be deemed advisable, and not in conflict with the laws of this State, provided that such taxes do not exceed Two ($2.00) Dollars on each One Thousand Dollar valuation of property as set forth on the tax digest of Chatham County, which valuation shall be accepted as fair and reasonable. Ad valorem taxes. Section 19. Be it further enacted that the Mayor and Councilmen may also tax telegraph, telephone, railway, light, and other companies erecting any polls on, or using the streets, lanes, public ways or thoroughfares of said Town, the same to be reasonable compensation for the use thereof; such tax, however, shall not apply to any company which pays to the town a franchise tax under the provisions of Sections 92-2307 and 92-2308 of the Code of Georgia of 1933; and may levy and collect a specific tax, or occupation tax, on all business, occupations, professions, callings, or trades, exercised or carried on within the Town; to fix and collect a license on theatricals, exhibitions, circuses and

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shows of all kinds; on drays, hacks, jitneys and cars operated for hire; on hotels, boarding houses, restaurants, fish stands; on employment agents, peddlers, itinerary dealers; every keeper of a billiard room, pool room, or bowling alley kept for public use; upon the keeper of any other table, stand or place on which games are played by the public for pecuniary gain; and upon every other kind or character of business or occupation subject to license or occupation tax under the general laws of the State of Georgia. Taxes. Section 20. Be it further enacted that the Mayor and Councilmen shall have power and authority to open, let out, widen, straighten, or otherwise change any or all of the streets, side walks, alleys, parks and other public places in said town; to establish and fix the system of grading and drainage as may be deemed proper. Streets and sidewalks. Section 21. Be it further enacted that the Mayor and Councilmen shall have the power and authority to enforce by execution the collection of any amount due, or to become due, for taxes, licenses, fines and forfeitures, and for every other debt due the Town. Such execution shall be issued by the Mayor against the person, corporation, or firm, by whom any such debt may be due. Such executions shall be levied and collected as other executions are levied and collected under the laws of Georgia. Tax executions. Section 22. Be it further enacted that the Mayor and Councilmen shall have power and authority to establish such quarantine regulations against persons who may have been exposed to contagious or infectious disease as it may deem proper; to quarantine the premises where any such case or cases of contagious or infectious disease may be located; and to make, pass, adopt and enforce any and all regulations for the proper maintenance and protection of the health of said Town and its inhabitants. Quarantine regulations. Section 23. Be it further enacted that the Mayor and

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Councilmen shall have full power and authority to establish and adopt all ordinances, rules, regulations and resolutions not in conflict with the Constitution and laws of the State of Georgia which tend to promote the safety, health, good order, and general welfare of the inhabitants of said Town. Health laws. Section 24. Be it further enacted that the Mayor and Councilmen shall have, in addition to the foregoing powers, the following: Other powers. 1. To try all nuisances within the Town and to abate the same, and to define what shall constitute a nuisance. 2. To take up and impound dogs, horses, mules, cattle or hogs running at large, and to pass such ordinance as may be deemed necessary for the regulations of stock and other animals within the Town. 3. To require owners of lots to drain the same and to fill up excavations and depressions. 4. To regulate all vehicles of every kind or character used in the Town for profit in the transportation of passengers, freight, or both. 5. To punish all loitering within the limits of said Town. 6. To prohibit the running or keeping of any bowdy house, disorderly house or a house of ill fame, and to prescribe penalties for the violation of said prohibition. Section 25. Be it further enacted that neither the Mayor nor any Councilman shall be interested in any contract made with the Town during his term of office. Section 26. Be it further enacted that the Mayor and Councilmen shall not grant any exclusive franchise to any person or corporation.

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Section 27. Be it further enacted that the Town of Industrial City Gardens, as incorporated by order of the Superior Court of Chatham County, Georgia, evidenced by the certificate under seal of the Clerk of said Court under date of February 8, 1939 and recorded on the minutes of said court in Book 136, Folio 114, be, and the same is hereby, dissolved, and the Charter of said Town be, and the same is hereby, repealed. The assets and liabilities of Industrial City Garden shall survive to Garden City. Town of Industrial City Gardens dissolved. Section 28. 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, 1941. GORDON SPECIAL TAXREFERENDUM. No. 175. An Act To amend the Act incorporating the City of Gordon, Georgia, approved August 21, 1916, and the Act amendatory thereof, by providing that the authorities of the City of Gordon may levy a five mill increase, for a period of five years, in the tax now allowed by the charter to be levied, said increase to be used solely for the improvement and paving of the streets of said municipality; by providing that this amendment to the charter of said City of Gordon, insofar as the levying of said additional amount, shall be effective only after a majority of the qualified electors of said city shall vote for the amendment; to provide for the holding of a special election for the purpose of ratifying or rejecting said amendment to said charter; to provide for the registration of voters for said election; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. The Act creating the new charter for the City of Gordon, approved August 21, 1916, be and the same is hereby amended by adding thereto a new section to be appropriately numbered and to read as follows: Said City of Gordon, through its authorities, shall have the right to increase the ad valorem taxes authorized by Section 28 of original charter approved on August 21, 1916, of one per centum ad valorem to one and one-half per centum ad valorem, said increase to be collected and used for the purpose of the improvement and paving of the streets of said municipality, and to be levied on all property, both real and personal, providing further, that said authority to levy said increased taxes shall cease at the end of five years from January 1, 1941. Act of 1916 amended. Ad valorem tax increased. Section 2. This Act shall become effective only after a majority of the duly qualified electors of said city voting shall vote for amendment to charter providing for increase in tax for street improvement and paving, and, if a majority of said electors shall so vote, then this Act shall become effective. Section 3. The Mayor and Aldermen shall provide for an election to be conducted as elections are now conducted and the returns thereof made by the managers to the Mayor and Aldermen who shall declare the results, which shall be entered upon the minutes, so as to show the number of votes cast for and against said amendment to the charter herein provided. The election shall be held on a day appointed by the Mayor and Aldermen within nine months from the approval of this Act; and two weeks' publication and notice of the date of the election shall be given in three or more public places in said city before said election, for a like period of two weeks. On the issue submitted to the voters of said city as aforesaid, the ballot shall be marked: For amendment to charter providing for a five-mill increase in taxes for street improvement and paving and

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Against amendment to charter providing for a five-mill increase in taxes for street improvement and paving. If a majority of those voting vote against the amendment to the charter providing an increase in said tax, this Act shall be void; if a majority of those voting vote for the amendment to the charter providing an increase in said tax, then this Act shall be in force as provided herein from and after January 1, 1941, for a period of five years. The governing authorities of said city shall provide for the registration of the voters of said city, and any qualified voter may register so as to be entitled to vote in said election. Referendum. Section 4. All laws and parts of laws in conflict with this Act be and the same are here repealed. Approved March 12, 1941. GRIFFIN BOARD OF EDUCATION PENSIONS. No. 102. An Act To amend an Act approved July 21, 1921, entitled An Act to revise and consolidate the several Acts of the General Assembly of Georgia, granting and amending the charter of the City of Griffin, in Spalding County, Georgia; to amend the charter of said city; to declare the rights and powers of said municipality, and for other purposes, to repeal in its entirety an Act No. 344, approved February 12, 1938 known as the Griffin Retirement Pensions Act; to provide for the establishment and powers of the Board of Education of Griffin, Georgia, giving such Board of Education, additional powers to establish and maintain a pension fund to provide pensions for superintendents,

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teachers and other employees of the public schools of Griffin, Georgia, and to further empower said board of education to make contribution to said pension fund and for contributions from said superintendent, teachers and other employees; to empower the Board of Commissioners of said city with power to appropriate money from the city treasury to this fund; to empower the Board of Commissioners with power to levy ad valorem taxes for this purpose; and to invest said fund in the discretion of said board of education, and to further provide when such superintendent, teachers and other employees shall be eligible to such pension and the terms and conditions of said pension; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same as follows: Section 1. Be it enacted by the General Assembly of Georgia and it hereby enacted by the authority of the same that an Act approved February 12, 1938, No. 366 known as the Griffin Retirement Pension Act is hereby repealed in its entirety; that the Act of the General Assembly of Georgia approved July 21, 1921, granting a charter to the City of Griffin is hereby amended as follows: Act of 1938 repealed. Act of 1921 amended. (A) The Board of education of Griffin, Georgia shall have the right to establish a pension system for the superintendent, teachers and other employees of said board of education upon such terms and conditions as they may determine, and to further have the right to call upon the Board of Commissioners of said city for such funds as they shall deem necessary and proper as a contribution to the pension fund as they deem proper; and to further determine in what proportion the superintendent, teachers and other employees of the board of education of Griffin, Georgia, shall contribute to said fund. School pension system. (B) The board of Commissioners of the City of Griffin shall have the right to appropriate any funds or monies from the City Treasury to the establishment, maintenance and continuance of the pension fund in accordance with the

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plans and terms of such fund as shall be set up by the Board of Education. (C) The Board of Commissioners of said City shall have the right in its discretion to levy and ad valorem tax to be used for the pension system as set up hereunder. Section 2. The establishment of such system, and the terms, shall be subject to the approval of the Board of Commissioners of the City of Griffin. Section 3. All acts and parts of Acts in conflict herewith, are hereby repealed. Approved February 26, 1941. GRIFFIN RETIREMENT PENSIONS. No. 388. An Act To amend an Act approved July 21, 1921, enttiled An Act to revise and consolidate the several Acts of the General Assembly of Georgia, granting and amending the charter of the City of Griffin, in Spalding County, Georgia; to amend the charter of said City; to declare the rights and powers of said municipality; to repeal in its entirety an Act No. 366 approved February 12, 1938 known as the Griffin Retirement Pensions Act; and for other purposes; so as to provide means for the furnishing of aid, relief, and pensions to employees of said City now in active service, whose names are now on the payroll of said City, and to future members thereof; to provide how such members who have served 25 years may be retired for life on pensions, and how the amount of such pensions may be determined; to provide how much members shall be paid in case of total disability resulting from such service, and how such total disability may be determined; to provide for the refunding of the funds paid in

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by said members under certain situations; to provide that the Board of Commissioners of the City of Griffin shall make an assessment on wages of each member in active service on payroll and of future members to raise in part the funds to pay such aids, reliefs, and pensions; to provide the percentage rate of such assessment on present and future members; to provide that said Board of Commissioners of the City of Griffin shall levy a tax of one per centum on the premiums collected by fire, lightning, windstorm, theft, and burglary 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, to set the time of the payment of such tax into the City Treasury; to provide for the making of a report by such companies and the City Manager of said City, to provide penalties for the failure to make such reports and pay such taxes, to provide how such fund shall be collected, deposited and managed for the use of the pensioners provided for by this Act; to provide that the Board of Commissioners of the City of Griffin shall have the power and right to appropriate funds from the City Treasury to carry out this Act and to raise additional funds by advalorem taxation if necessary; to provide any member hereunder shall maintain all rights under existing laws; to provide for the nature of investment of these funds; to create a Board of Trustees and provide for their selection, election and term of office, to manage, deposit, disburse upon order, 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 for the rehearing on the condition of a member previously adjudged totally disabled, and to grant such member and said Board of Trustees each the right of appeal; to provide for relief in case of sickness or accident in the

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discretion of the Board; to make the terms of this Act compulsory on all members receiving wages above seventy-five dollars ($75.00) per month and optional on all members receiving wages of less than $75.00 per month; 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 does not apply to city school teachers; to repeal all laws in conflict herewith, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, that the Act of the General Assembly approved July 21, 1921, entitled An Act to revise and consolidate the several Acts of the General Assembly of Georgia, granting and amending the charter of the City of Griffin, in Spalding County, Georgia; to amend the charter of said City; to declare the rights and powers of said municipality, and for other purposes, and the several subsequent Acts amendatory thereof, and the same are hereby amended; and the Acts No. 366 approved February 12, 1938, known as the Griffin Retirement Pensions Act is hereby repealed in its entirety, as follows: Act of 1921 amended. Act of 1938 repealed. Section 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 by the Board of the City Commissioners of the City of Griffin a fund for the aid, relief and assistance of the employees of the City of Griffin who are now or may hereafter be in the regular employment of said City. Pension fund to be established. Section 2. Be it further enacted that any employee, complying with the terms of this Act and the ordinances passed in pursuance thereof, and who is in the regular employ of said City at the time of the passage of this Act, and all

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employees hereafter regularly employed by said City, may retire from active service after a continuous service in the employ of said City for a term of twenty-five (25) years and have reached the age of sixty-five (65) years. After an employee has reached the age of retirement and has been continuously employed by the City for 25 years, the Board of Commissioners of the City of Griffin, may in their discretion order said employee's retirement, and the decision and action of said Board shall be final. Retirement from service. Section 3. Be it further enacted, that when an employee shall be retired as provided in Section 2 of this Act, he shall be paid monthly from said Fund during the remainder of his life, the sum of fifty per cent. (50%) of his average monthly wage or salary based on the ten years immediately prior to the date of his retirement, provided said retirement pay shall never exceed the sum of fifty ($50.00) per month. Monthly retirement pension. Section 4. Be it further enacted, that should an employee of said City become totally and permanently disabled and be incapacitated of self-support after ten (10) years service with said City, he shall be paid monthly from said fund, for the remainder of his life, or until revoked by the Trustees as hereinafter provided in Section 14, the following sums based upon his length of service at the time of his disability, to-wit: Disability payments. One-thirtieth of fifty (50%) per centum of his average monthly wage or salary, based upon the ten years immediately preceding the date of his disability, multiplied by the number of years of his service at the time of his disability, as shown by the following table:

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Time served at date disability Cents per month per $1 10 years servicefor each $1.00 of salary .1666 Cents 11 years service .1832 12 years service .20 13 years service .2165 14 years service .2332 15 years service .25 16 years service .2666 17 years service .2833 18 years service .30 19 years service .3166 20 years service .3332 21 years service .35 22 years service .3665 23 years service .3831 24 years service .40 25 years service .4166 26 years service .4333 27 years service .45 28 years service .4665 29 years service .4832 30 years service .50 Provided however, that the disability pay shall in no event exceed $50.00 per month. Section 5. Be it further enacted that the benefits and privileges set out in Sections 2, 3, and 4 above shall not become effective or operative until after the expiration of two years from the approval of this Act. Effective date disability payments. Section 6. Be it further enacted, that should an employee leave the employ of said City for any cause, he shall be paid out of the said Fund all assessments paid in by him, less 2% thereof for each year of service after adoption of this act, provided, however, should he leave said employ within

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two years of his employment he shall forfeit all assessments paid into said fund. Employee leaving service before retirement. In case of death of an employee, the full amount, less 1% of said amount per year for each year of his service, after the adoption of this act, paid in by him as assessment to said Fund, shall be paid to his dependents, if any, otherwise, to such person as the employee may have designated. Death benefits. Section 7. Be it further enacted, that the wage or salary of each employee of said City regularly employed at the time of the passage of this Act is hereby assessed according to the length of continuous service of said employee with said City, as follows: Assessment against employee's salary. Up to 10 years service, 2% of his average monthly wage or salary; 10 to 20 years service, 3% of his average monthly wage or salary; Over 20 years service, 5% of his average monthly wage or salary The wages or salary of each employee employed by said City after the date of the passage of this Act, is hereby assessed according to the age of the employee at the time he is employed by said City, as follows: 20 to 30 years of age, 2% of his monthly wage or salary; 30 to 40 years of age, 3% of his monthly wage or salary; Over 40 years of age, 5% of his monthly wage or salary. An employee receiving a salary or wage of more than $200.00 per month, shall be assessed on $200.00 only, and receive benefits based on the $200.00 not to exceed $50.00 per month. All assessments shall be deducted from the wage or salary

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of the employee by the City Manager and paid into said Fund. The assessments may be prorated according to how said salary or wage is paidmonthly, tri-weekly or weekly. Nothing in this Act shall affect the wage or status of the employee under existing laws, except his assessment for dues as herein provided. Employee shall include only those regularly employed by the City and who devote their entire working time to said City. In computing the salary or wage of any employee no perquisite or allowance for use of car or house rent shall be included. Employee defined. Section 8. From and after the passage of this Act, a tax of one per centum is hereby imposed on all premiums paid for fire, lightning, burglary and theft insurance, collected by insurance companies, firms, associations or persons, on all property situated within the limits of the City of Griffin. Said tax shall be due and payable on the first day of April of each calendar year for the premium collected the preceding year, beginning with premiums on policies written after April 1, 1941. Tax on insurance premiums. It is hereby made the duty of each insurance company, firm, person or association, writing such insurance on property in Griffin, to make a full report to the City Manager of all such premiums collected, on or before the first day of April of each year, on blanks furnished by the City Manager on request, and to pay the tax thereon. A failure to receive said blanks shall in no wise relieve the Company from making such report. A failure to make such report and pay the said tax shall be a crime and punished as provided in Section 96 of the Code of the City of Griffin, and in addition thereto shall subject the offending Company to double taxation, which shall be collected by execution as other City taxes. Insurance company must make report and pay the tax. All taxes under this Section shall be collected as other

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City taxes are collected, and turned over to the Treasurer of the Board of Trustees to be used in carrying out the purposes of this Act. Section 9. Be it further enacted that the Board of Commissioners of the City of Griffin, shall, in order to carry out the provisions of this Act, appropriate to said fund annually a sum not less than 50% of the amount paid into said fund by the assessments collected from the employees, or such amount as is necessary to carry out the provisions of this Act, said amount to be appropriated and paid out of the general funds of said City or in the discretion of the Board of Commissioners raised by an additional ad valorem tax levied and collected for that purpose as other taxes are levied and collected. Appropriation from city. Section 10. None of the funds herein mentioned, either in the hands of the Board, the member, or his beneficiaries, shall be subject to attachment, garnishment, or judgment, and no such fund or any interest therein, shall be transferable or assignable. Retirement funds not subject to legal process. Section 11. This Act shall not affect any rights the member or his beneficiary may have under any existing laws. Section 12. The Board of Trustees are authorized to invest the funds in their hands in United States, State of Georgia, County, Municipal bonds, Federal Saving and Loan bonds only. Investment of retirement funds. Section 13. Be it further enacted, that there is hereby established, to serve without pay, a Board of Trustees of the Griffin Employees Aid Fund, whose duties it shall be to carry this Act into effect, to collect, disburse, manage and control said fund, and to adopt and enforce all necessary rules and regulations therefor. The said Board shall consist of the Chairman of the Board of Commissioners of the City of Griffin, the City Manager of the City of Griffin,

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the City Attorney of the City of Griffin, and two employees of the City of Griffin, who have been employed by said City five or more years. The said latter two members to be elected by a vote of the employees of said City at an election held at the City Hall, under the direction and supervision of the City Manager. The first election to be held on the first Monday in the month immediately following the approval of this Act and thereafter on the first Monday in March of each year. The employee getting the largest number of votes shall be a member of said Board for a term of two years, and the employee getting the second highest number of votes shall be a member of said Board for one year. Thereafter one member shall be elected each year to serve for a term of two years, and until his successor is elected and qualified. The other members of said Board shall hold coextensive with their term of office. The Board shall elect a chairman and a secretary. The City Manager shall act as Treasurer of said Board and shall secure and keep all funds and pay the same out under the direction of the Trustees upon vouchers signed by the Chairman and the Secretary. He shall give security for faithful discharge of his duties. The Board of Trustees shall meet at such time and place as the Board may fix. A majority of said Board shall constitute a quorum and a majority vote of the entire Board of Trustees shall control on all questions. Board of trustees established. Section 14. Be it further enacted, that the Board of Trustees shall have the sole authority to pass upon the retirement of all employees for age and length of service and for disabilities, either upon the application of the employee or on their own motion, except as herein otherwise provided, and the decision of said Board shall be final, unless an appeal is taken therefrom by either the employee or the Board of Trustees to the Superior Court of Spalding Court of Spalding County. The Board of Trustees shall have the

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power and authority to order a rehearing at any time after an employee of the City has been adjudged totally and permanently disabled as above for the sole purpose of determining if his disability continues. The Board of Trustees may revoke an order of retirement on account of total and permanent disability, if in their opinion, after a hearing duly had, the disability no longer exists. Authority of board of trustees Appeal to superior court. The applicant or employee shall each have the same rights of appeal as above provided. Section 15. Be it further enacted, that when in the opinion of the Board of Trustees the amount of funds in their hands so justify, the Board of Trustees may provide for the care of members temporarily incapacitated by sickness or injury, and to suspend said benefits at their discretion. Sick benefits. Section 16. Be it further enacted, that the provisions of this Act shall be binding and compulsory on all City employees receiving a salary or wage of $75.00 or more per month, and optional as to all City employees receiving a salary or wage of less than $75.00 per month. Employees receiving less than $75.00 per month shall come under the provisions of this Act only upon making written application therefor to the City Manager on forms furnished for that purpose. Act binding on some city employees and optional with others. Section 17. The provisions of this Act shall not be applicable to teachers and other employees working in the city school system under the authority of the City Board of Education. Not applicable to school teachers. Section 18. The plan and purpose of this Act is to provide and furnish aid, relief, and pensions to aged and disabled employees in the City of Griffin; and the taxation herein provided is a part of the general purpose of this Act to accomplish this end. Purpose of act.

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Section 19. Be it further enacted, that should any clause or portion of this Act be declared unconstitutional or invalid by any Court for any reason, it shall not invalidate any other portion thereof, but shall affect only that part so held to be unconstitutional or invalid. Section 20. Be it enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 27, 1941. GRIFFIN ZONING AND PLANNING. No. 99. An Act To amend the Act providing a Charter for the City of Griffin and prescribing the Jurisdiction and powers and duties of the governing officials of said city, and all Acts amendatory thereof, by vesting the Board of Commissioners 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 Acts creating and establishing a charter for the City of Griffin, 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 Board of Commissioners of the City of Griffin, 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

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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 the 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 and planning laws. Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. Approved February 26, 1941. HELENA ELECTIONS AND TERMS. No. 457. An Act to amend the act incorporating the City of Helena in the County of Telfair and prescribing the powers, duties and authority of its officers, (Ga. Laws 1890-1891, p. 634 Vol. 2), as amended by the act approved August 20th, 1906, (Ga. Laws 1906, pp. 809, 811), by changing the date for the election of the mayor and aldermen of said city; by changing the terms of said officers; by changing the date for the opening and closing of the registration book for such elections; by providing that this act shall not affect the term of the present incumbents in said offices; to repeal conflicting laws; and for other purposes. Be it and it is hereby enacted by the General Assembly of Georgia: Section 1. That Section 3 of the act of 1890-1891, incorporating

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the City of Helena and defining the jurisdiction, powers and authority of its officers as amended by the act of 1906, which Section relates to the terms of office of the mayor and aldermen be and the same is hereby amended by striking and repealing the words one year each in said Section and inserting in lieu thereof the words two years each so that said Section 3 as amended shall read as follows: Act of 1890-1891 amended. Section 3. Be it further enacted that the terms of the mayor and aldermen of said City of Helena shall be for two years each and until their successors are elected and qualified, such officers to be elected as hereinafter provided. Terms of mayor and aldermen. Section 2. That Section 4 of the said act of 1890-1891, as amended by the act of 1906, relating to the time of the election and the procedure of holding the same, be and the same is hereby amended by striking and repealing the first sentence of said Section 4 and inserting in lieu thereof the following: That on the first Thursday in December of each year three aldermen shall be elected for terms of two years, to succeed the aldermen whose terms will next expire under the provisions of this act; and upon the first Thursday in December of 1941, and on the same date every two years thereafter, an election shall be held as hereinafter provided for the office of mayor, and the person so elected shall hold his office for a term of two years beginning on January 1st following the date of his election, and shall hold said office until his successor shall have been duly elected and qualified. Elections. Section 3. That Section 9 of the act incorporating the City of Helena, relating to the opening and closing of the registration book for elections in said city be and the same is hereby amended by striking and repealing the words first

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Monday in December in line two of said Section and inserting in lieu thereof the words first Monday in November; and by striking and repealing the words fourth Monday in December in line seven and said Section and inserting in lieu thereof the words fourth Monday in November. Registration book. Section 4. This act shall not be construed as affecting the term of any person now serving as mayor or alderman of said city, but present incumbents in said offices shall continue to serve the terms for which they were elected, and until their successors are appointed or elected as provided in this act as amended. Section 5. All laws or parts of laws in conflict with this act are hereby repealed. Approved March 27, 1941. HINESVILLE CITY LIMITS AND TAXING POWER DEFINED. No. 180. An Act To amend an Act creating and establishing a new charter for the City of Hinesville, approved March 15th, 1935, by striking Section 2 of said Act, defining the limits of said City, and inserting a new Section defining the limits of said City, and also by striking Section 17 of said Act defining the taxing powers of said City and inserting a new Section in lieu thereof defining the taxing, and licensing powers of said City. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act creating and establishing a new Charter for

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the City of Hinesville approved March 15th, 1935, be and the same is hereby amended as follows, to-wit: By striking Section 2 and Section 17 of said Act and inserting two new sections in lieu thereof, the first defining the limits and boundaries of said City and the second defining the taxing powers thereof. Act of 1935 amended. Section 1. City Limits Defined: The City limits and boundaries of said City shall be as follows: Commencing at a point where the spur tract of the Atlantic Coastline Railroad runing from the Atlantic Coastline railroad to Camp Stewart, crosses the Old Hinesville-Ludowici Road, thence North 65.15 degrees West 4,310 feet to a culvert on the Oglethorpe Highway, where a branch crosses said Highway just North of a building on said Highway known as The Pines; Thence across said Highway South 27 degrees East 2,000 feet to a corner; thence in a Northerly direction on a line runing paralel with said Oglethorpe Highway, on the Eastern side of said Highway and 2,000 feet from said Highway a distance of 12,144 feet to a corner; thence South 27 degrees East 2,000 feet to the Oglethorpe Highway at a point just one mile South of the Old Sunbury Road at Flemingto, Georgia; Thence across said Oglethorpe Highway North 60.35 degrees West 6,880 feet to the Eastern boundary of Camp Stewart to a corner; Thence along the Eastern boundary of Camp Stewart to the point where the said spur Railroad enters Camp Stewart; Thence along said Railroad in an Easterly direction to the point of beginning, and bounded on the North by the line as above defined; on the East by a line paralel to and 2,000 feet from the Oglethorpe Highway on the Eastern side thereof; South by the line heretofore defined and the said Spur line Railroad running from the main tracks of the Atlantic Coast Line Railroad to Camp Stewart to where said railroad enters Camp Stewart; and on the West by the Eastern line and boundary of Camp Stewart. City limits defined.

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Section 2. Taxes and Expenses: Be it further enacted by the authority aforesaid, that the City of Hinesville shall have the power and authority and right to assess, levy and collect a tax on all property both real and personal and choses in action within the City limits of the City, not to exceed one per cent (1%) ad valorem and collect a specific occupation tax on all businesses occupations, professions, callings or and trades, public or private, exercised within the City as may be deemed just and proper and upon franchises; to fix a license on theatrical exhibitions, circuses and shows of all kinds and upon drays, taxies, busses, trucks, hotels, boarding houses, restaurants, mercantile establishments wholesale and retail, fish stands, billiard and pool and other kind of tables, ten pin alleys, butcher shops, auctioneers and upon all other classes and or kinds of business, whether of like kind or not, legitimately coming within the police powers of the City as may be just and reasonable. The taxing power of said City, except, as herein limited, shall be as general, complete and full as that of the State itself; and said taxes ad valorem, license or occupation, shall constitute a lien upon all the property of the tax payer, or person liable and take rank as provided by law for City Taxes. The said City shall have power and authority to require all persons subject to road duty under the laws of this State to work on the streets and sidewalks of said City, but may receive and require in lieu thereof such commutation fees as the Mayor and Council may prescribe. Taxes and expenses. Be it further enacted by the authority aforesaid, if any portion of this Act shall be held invalid, only such portion shall fall and the balance of said Act shall not be effected thereby. Approved March 12, 1941.

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HINESVILLE ZONING AND PLANNING NO. 181. An Act Amending an Act creating and establishing a new Charter for the City of Hinesville, Georgia, approved March 15, 1935, so as to authorize the said City of Hinesville to pass and enforce zoning and planning laws whereby said City may be zoned and districted for various uses, and other different uses prohibited therein, and to regulate the use for which said zones and districts may be set apart, and to regulate improvements and development of real estate therein, and to provide for a zoning commission or planning board to administer said zoning laws.Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the act approved March 15, 1935 establishing a Charter for the City of Hinesville, be and the same is hereby amended as follows; Granting to the Mayor and Councilmen of the City of Hinesville, in the State of Georgia the authority to provide for, regulate and restrict in the incorporate limits of Hinesville the location, height, size, and use of buildings and other structures the size of yards, courts and other open spaces, the density of population, the location of streets, and the use, conditions of use of occupancy of land for trade, industry, residence, recreation, transportation, agriculture, grazing, soil and water conservation, forestry, flood control or other purposes; to provide for the establishment of districts or zones for such regulation, location and use; to provide for city planning and the regulation of subdivision of land; to provide for a commission or board and grant of power to carry into effect such regulations and provisions; to provide for designation of the Liberty County Planning Board as the official commission or

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board for Hinesville; to provide remedies for the enforcement 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 Mayor and Councilmen of the City of Hinesville, in addition to all other powers delegated to them are hereby empowered to regulate and restrict the height, number of stores, and the size of buildings and other structures, the percentage of lot that 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, and the use, conditions of use, or occupancy of land for trade, industry, residence, recreation, transportation, agriculture, grazing, soil and water conservation, forestry, flood control or other purposes; to provide for City planning; to provide for the regulation of subdivision of land; and to establish setback lines for buildings and structures along the streets and roads. Zoning. Section 2. Districts. Be it further enacted by the authority aforesaid that the Mayor and Councilmen of Hinesville are hereby given power and authority to divide the corporate area of the City of Hinesville into districts of such number, shape and area as may be deemed best suited to carry out the purposes of this act; and within such districts they may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings and structures, and the use, conditions of use, or occupancy of land; and in that case may adopt an official zoning ordinance, including a map or maps, indicating the districts, but the regulations in one district may differ from those in other districts. Districts. Section 3. Purposes in View. Be it further enacted by the authority aforesaid, that such regulations shall be made

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in accordance with a comprehensive plan and design for the purpose among others, of lessening congestion in the roads and streets; protecting the development of both urban and non-urban areas; securing safety from fire, flood, erosion, and other dangers; providing adequate light and air; promoting the health and general welfare, encouraging such distribution of population and such classification of land uses and distribution of land development and utilization as will tend to facilitate economic and adequate provisions for transportation, roads, airports, water supply, drainage, sanitation, education, recreation of other public requirements; conserving and developing the natural resources; fostering the State's agricultural and other industries; protecting the food supply. Such regulations shall be made with reasonable consideration, among others, to the character of the districts and their peculiar suitability for particular uses, and to the minimum amounts of land required for particular uses, and with a general view to promoting desirable living conditions and the sustained stability of neighborhoods, protecting property against blight and depreciation, securing economy in governmental, expenditures, and encouraging the most appropriate use of land in said city. Purposes. Section 4. Planning Board. Be it further enacted by the authority aforesaid that in order to avail themselves of the power conferred by the act, the Mayor and Councilmen of said city are hereby given the power and authority to appoint a board of five members known as the Hinesville Planning Board. Any 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 office. The terms of ex-officio member shall correspond to their tenures in office. The term of each appointed member shall be four years, except

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that the respective term of three of the members first appointed shall be one, two, and three years. Planning board. The said Mayor and Councilman may provide for reimbursement of the members of the planning board for actual expenses incurred and shall provide for the filling of vacancies in the membership of such board, for the removal of any member for cause, on written charges, after a public hearing. Section 5. Personnel: Assistance from State Agencies. Be it further enacted by the authority aforesaid, that the Hinesville Planning Board may, with the consent and approval of said, Mayor and Councilman employ the services of a compentent engineer or expert in City Planning and Zoning and such other employees as are necessary, but the compensation of said employees shall be fixed by said Mayor and Councilman and no expense shall be created or obligation incurred by said City Planning Board without the consent and approval of said Mayor and Councilmen. Personnel. The State Planning Board and all other State Agencies, Departments and officials 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. Assistance from state agencies. Section 6. Cooperation Between City and 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 Board 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

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such rules as may be thought proper to effect such cooperation. Cooperation between cities and counties. Section 7. Designation of County Planning Board as Official Municipal Planning Board. The Mayor and Council of said City may designate the Liberty County Planning Board as the official planning board of said municipality and in the event of such designation and acceptance thereof by the County Planning Board and the Commissioners of Roads and Revenue of Liberty County, the County Planning Board Municipal Planning Board in said shall have all the powers and duties provided by law for the municipality of municipalities; and in the event no legislation has been enacted for the establishing of a planning board and defining its powers in any municipality, the powers and duties outlined in the Liberty County Act shall be of force. Planning board as official municipal planning board. Section 8. Preparation of Zoning Plan. Be it further enacted by the authority aforesaid that the Hinesville Planning Board shall make for certification to the Mayor and Councilman a zoning plan, or plans, including both the full text to 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 building and other structure, percentage of lot which may be occupied, 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. When the efforts of such a board shall have reached the stage of the tentative plans, the boards shall hold at least one public hearing on each tenative plan separately submitted, notice of which hearing

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shall be given by publishing notice thereof in the official gazette of the county at least two weeks before the date of the hearing. The notice shall contain the time and place of hearing, and shall specify the time and place at which the tenative text and maps of the zoning ordinance may be examined. For the purpose of its public hearing or hearing the board shall have the power to summon witiness, 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 the development at such hearing of hearings make change in its tenative plan no further hearings shall be required. Preparation of zoning plan. Section 9. Method of Procedure. Be it further enacted by the authority aforesaid that after receiving the certification of a zoning plan from the Planning Board and before the enactment of any zoning ordinance, said Mayor and Councilmen shall hold a public hearing thereon, of which notice once a week, for at least two weeks in advance, shall be given in advance 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 of 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 Mayor and Councilmen, provided however, that no approval, disapproval or suggestion of the Planning Board shall have more than advisory effort or shall in any wise bind the Mayor and Councilmen. Procedure. Section 10. Amendments. Be it further enacted by the authority aforesaid, that the Mayor and Councilmen, may from time to time, amend the number, shape, boundary or area of any district or districts, or any regulation of, or

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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 suggestion to the Planning Board. Any proposal, approval, disaproval or suggestion of the Planning Board shall have advisory effect only and not be binding on the Mayor and Councilmen, and unless such Planning Board shall have transmitted its report upon the proposed amendment within thirty days after the submission thereof to it, the Mayor and Councilmen 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 Mayor and Councilmen shall hold a public hearing thereon, at least two weeks notice of the time and place of which shall be given by at least two weekly publications in the official gazette of the county. Changes in districts. Section 11. Board of Adjustment. Be it further enacted by the authority aforesaid, that the Mayor and Councilmen of Hinesville, shall provide for a Board of Adjustment of three members and for the manner of appointment thereof. Board of adjustment. The said Mayor and Councilmen shall fix the term of the members of such board, which term shall be of sufficient length and so arranged that the term of not more than one member shall expire each year. The said Mayor and Councilman may remove any member for cause on written charges after a public hearing. Any vacancy shall be filled by the Mayor and Councilmen for the unexpired term. The Mayor and Councilmen may appoint associate members of such board and in the event that any member be temporarily unable to act, due to absence for the city, illness, interest in a case before the board, or any other cause, his place may be taken during such termpoary absence or disability by any associate member designated for the member. Term of members.

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The Mayor and Councilmen may specify and provide general rules to govern the organization, procedure and jurisdiction of such Board of Adjustment, which rules shall not by inconsistent with the provisions of this Act or such general rules. The Board shall elect one of its member as chairman and shall appoint a secretary. The Secretary may be an employee of the City. 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 summons 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. Duties of the board. Appeals to the Board of adjustment may be taken by any officer, department, board or bureau of the City of Hinesville 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 Adjustment 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 Adjustment 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 Adjustment. After such decisions, proceedings in conformity

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herewith shall not be further stayed except as hereinafter provided. Appeals to board. The Board of Adjustment 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 attorney at law. The Board of Adjustment shall, subject to such appropriate conditions and safeguards as may be established by the Mayor and Councilmen having the following powers; 1. To hear and decide appeals where it is alleged by appellant that there is a error in any order, requirement, decision or determination made by an administrative official or agency in the enforcement of this act or any ordinance of regulation adopted pursuant thereof. Hearing of appeals. 2. To authorize upon appeal in specific cases such variance from the terms of such ordinance or regulations as will not be contrary to the public interest, where, owing to special conditions fully demonstrated on the basis of the facts presented, literal enforcement of the provisions of the ordinance or 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. Specific cases. In exercising the above mentioned powers such Board may, in conformity with the provisions of this Act, reverse of affirm, wholly or partly or may modify the order, requirements, 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 power of the office or agency from whom the appeal is taken. A majority of the Board of Adjustment shall constitute

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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 Adjustment, or any officer, board or bureau of the said County may appeal from any decision of the said Board of Adjustment to the Superior Court in and for Liberty County, Georgia, 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 Adjustment is rendered. Appeals 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 Adjustment, and within thirty days from the time of such notice the Board of Adjustment shall cause to be filed with the said Clerk a duly certified copy of the proceedings had before the said Board of Adjustment, 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 of the Superior Court of said County shall proceed to hear and pass upon the said appeal. The findings of fact by the Board of Adjustment shall be final and conclusive on the hearing of such appeal. In determining the question presented by the appeal the court shall determine only whether the decision of the Board of Adjustment is correct as a matter of law. Notice to be given. Hearing. 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. Appeals to higher courts.

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The filing of an appeal in the Superior Court form any decision of the said Board of Adjustment 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 Adjustment should be reversed by the Superior Court the said Board of Adjustment shall be cast with the costs and the same shall be paid by the City of Hinesville. Costs. Section 12. Joint Board of Adjustment. Be it further enacted by the authority aforesaid that the Mayor and Councilmen of Hinesville after having designated the County Planning Board as the official municipal planning board, may designate the County Board of Adjustment as the official municipal Board of Adjustment of said Municipality, and in the event of such designation and acceptance thereof by the County Planning Board and the Commissioners of Roads and Revenue of Liberty County, the County Board of Adjustment shall have all of the powers and duties as provided by law for the municipal board of adjustment; and in the event there is no legislation for a municipal board of adjustment the power and authority granted the County Board of Adjustment shall obtain. Joint board of adjustment. 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 provisions 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

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Mayor and Councilmen may provide in any zoning ordinance for the restoration, reconstruction, extension or substitution of non-conforming uses upon such terms and conditions may be set forth in the zoning ordinance. The Mayor and Councilmen 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 14. Planning. Be it further enacted by the authority aforesaid, that the said Planning Board shall study the resources, possibilities and needs of the City and shall prepare a master plan and maps for the systematic future development of the said City and from time to time in the manner hereinbefore provided make such recommendations to the Mayor and Councilmen as may be deemed advisable. Planning. Section 15. Subdivision Control. Be it further enacted by the authority aforesaid, that before any street or road is opened or extended or before any new subdivision or residence, business or industrial use is made, the person or persons proposing to open or extend such street or roads or such new subdivision, shall submit a detail plan of same, with other necessary data to the Planning Board. The Planning Board shall adopt regulations governing the subdivision of land and the preparation of maps and plats and the filing for record of same for all lands within its jurisdiction. The adoption of such regulations shall follow the method of procedure covered in Section 9. 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, grade and manner of laying of water mains and

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sewer lines, and then transmit such applications, with all plans and data, to the Mayor and Councilmen with its recommendations thereof in writing. The jurisdiction of such Planning Board and the said Mayor and Councilmen, shall for the purpose of this Act, extend to and include all of the land within the jurisdiction generally of said Mayor and Councilmen. Before any such streets, alleys and roads of subdivisions shall be laid out as aforesaid, they shall be required to have the approval of the said Mayor and Councilmen in accordance herewith. Subdivision control. From and after the adoption of rules and regulations governing the subdivision of land and the preparation of maps and plats in Hinesville no map or plat shall be filed for record by the Clerk of Superior Court of said Liberty County or other officer designated to accomplish this duty, unless said map or plat complies with all the provisions of said rules and regulations and bears the proper approval of the Hinesville Planning Board and the Mayor and Councilmen of the City. The approval of the Planning Board and the Mayor and Councilmen of such plan shall be deemed an acceptance, of the dedication shown thereon, but shall not impose any duty on the City concerning maintenance or improvements. Plats. Section 16. Violations: Enforcement and Remedies. 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 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

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of the said county having jurisdiction of misdemeanor cases shall have jurisdiction to try such offenders and upon conviction to so punish them; 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 or any ordinance, or amendment thereof, enacted or adopted by the Mayor and Councilmen under the authority granted by this Act such Mayor and Councilmen, the City attorney or any owner of real estate within the district in which such building, structure or land is situated, may, in addition to other remedies provide 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. Enforcement of violations. Section 17. Punishment for Contempt. Be it further enacted by the authority aforesaid, that in case of contempt of any party, witness or other person before either the Planning Board or the Board of Adjustment, 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 power and authority over parties and witnesses as are given by Section 10-103 of the Code to auditors appointed by the Superior Court. Punishment for contempt Section 18. Finances. Be it further enacted by the authority aforesaid, that, the Mayor and Councilmen are empowered to appropriate out of the general City funds, such monies, otherwise unappropriated, as they may deed fit to finance the work of the City Planning Board and the Board of Adjustment and to enforce the zoning regulations

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and restrictions which are adopted; and to accept grants of money, for those purposes, from either private or public sources, County, State of Federal. Finances. Section 19. 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 validity shall not effect any other portion or provision of this Act. Legality. Section 20. 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. Conflict with other laws. Approved March 12, 1941. HIRAM TAXES. No. 92. An Act to amend Section 9 of an Act creating the Town of Hiram in the County of Paulding, Approved August 21, 1906, so as to vest the Mayor and Council with power to levy a Tax of one per cent. (1%): And for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia that Section 9 of an Act creating the Town of Hiram in the County of Paulding be amended by striking therefrom wherever same appears in said Section the words and figures one-half of one per cent. and substituting in lieu thereof the words and figures one per cent. so that said Section when amended shall read: Be it further enacted, That said Mayor and council shall have power to levy a tax not exceeding one per cent. on all property, real and personal, in said town, and the same may be enforced by execution issued by the clerk of said town and

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levy and sale of property as in case of levy and sale of property under executions for State and county taxes; all levies and sales to be made by the marshal or his deputies and conducted as sales by sheriffs in case of levy and sale of property under tax fi. fas. They shall also have power to require all persons within said town who are subject to road duty under the laws of the 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. Sec. 9 amended. Tax of one per cent. Execution. Sale. Street tax. Section 2. All laws and parts of laws in conflict herewith be, and the same are hereby repealed. Repealing clause. Approved February 26, 1941. HOGANSVILLE CITY CHARTERREFERENDUM. NO. 173. An Act To Create a new charter for the City of Hogansville, in Troup County, Georgia heretofore made a body politic and corporate, by Act approved August 6, 1924, and previous Acts of the General Assembly of Georgia, and to re-incorporate said City; to provide that ordinances, rules and regulations of said city now in force, not inconflict with this Act be preserved and continued in force and effect. To declare and fix the rights and powers of said corporation; to define the rights, powers, duties and qualifications of officers and provide the manner of their election, term of office and means of removal therefrom; to provide the manner and time for city elections; to prescribe the qualifications of all electors and voters therein; to provide for a Recorder's Court, a recorder and such other officers and employees as may be needed, and for the trial and punishment of all offenders against the laws of the city; the manner of appeal therefrom;

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for commitment to the State courts of violators of State laws; to provide for a Board of Health, police department, school and/or Board of Commissioners and such other boards and committees as may be needed; to provide for and to authorize the City by and through the Mayor and Council to purchase, maintain, operate, repair, improve and/or extend the present system of electric lights, water-works, gas and sewerage as now owned or which may be later acquired by the City; to provide for a public cemetery and for the necessary regulations for interment therein; to lay out, widen, open, close, pave and/or keep in repair roads, streets, alleys, cross-walks, side walks, drains, curbs, gutters and/or bridges; to provide for the assessment, levy and collection of an advalorem tax on all real and personal property within the City for general expenses, for school purposes and to pay necessary bonded indebtedness, interest and/or other lawful charges and obligations; to authorize tax and licenses on all kinds of businesses, trades, professions, shows, exhibitions, entertainment and/or manufacturing plants in the city; to provide for the abatement of all nuisances therein; to provide for the filing of claims against the City and for the barring of such claims unless properly filed; to regulate and control intoxicants of all kinds; to provide for the appointment of tax assessor and to provide for the method of assessment, appeals therefrom, arbitration, and return of assessment to the Mayor and Council; to provide of the paying of the assessors; to provide for the condemnation of private property for public uses. To fix the corporate limits of the City; to provide for a Mayor and Council, the term of office and the powers and duties; to provide for an annual budget; to provide for bond of officers of the City; to provide for the issuance of executions, levy and sale of property for all claims of the city; to provide for arrest and bond of offenders; to provide for a general

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supervisor of the city's affairs; to provide a work gang; City tax returns for general purposes, for school purposes, notice to persons whose interest or property is in anywise affected; to provide for the collection of back taxes and penalties thereon, special taxes, occupation taxes, for the installment payment of taxes, method of levy, of execution, advertisement and time and place of sales; for the classification of businesses, general police powers inside the City limits and for one mile outside the city limits; issuance of licenses or permits and for the revocation thereof; paving and improvement under the Baby Bond Plan; for street taxes, for street and other public improvements, and all matters incidental therewith, as provided by law and by this charter; to incur a bonded indebtedness for any municipal purpose and to fix the method by which such can be done, the term of the bonds, interest rate, sinking fund, tax levy for the payment thereof and for a two-thirds vote therefor, for regulating the issuance and sale thereof; for general authority to own, acquire and operate generally water, light, gas, sewerage and drainage systems and to do all things necessarily incident to accomplish such purpose and for the franchises therefor; to provide general health regulations, sewer and water connections, property assessments for sanitary purposes; for the appropriation of funds to the school system for the use of taxes for schools; for the delegation of authority to the school commissioners; to provide for the supervision of schools; of school funds; to provide that the city shall not be liable for any obligation of the commissioners of the Hogansville School System, without express authority; co-operation with governmental departments; for unlawful personal interest in city contracts; for authority to exempt property from taxation; to sell lights, water and gas and for the extension of sewerage outside of the City limits; to regulate fire arms and explosives; to promulgate

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rules and ordinances for fire prevention; to zone the city by ordinance; to provide for the removal of officers; that provision of this charter are severable; to provide for referendum and for repeal of all laws and parts of law in conflict herewith; to provide for all matters and things necessary, proper and incident to a municipal corporation and for other purposes. Section 1. Hogansville, Corporate Name and Powers: Be it further enacted, by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, the inhabitants of the territory now embraced in the corporate limits of the City of Hogansville, located in the County of Troup, and the State of Georgia, be, and they are, hereby incorporated under the name and style of the City of Hogansville, and by that name shall be, and are, hereby invested with all rights, powers and privileges incident to municipal corporations in this State, and all rights, powers, titles, property, easements, and hereditaments now belonging, or in any wise appertaining to said City of Hogansville, as heretofore incorporated, shall be, and are, hereby vested in the City of Hogansville, created by this Act, and said City shall have perpetual succession. And the said City of Hogansville, 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, such ordinances, rules and regulations, and resolutions for the transaction of its business and the welfare and proper government of said City as to said Mayor and Council may seem best; and which shall be consistent with the laws of the State of Georgia, and the United States. And the said City of Hogansville shall be able in law to purchase, hold, receive, enjoy, possess and retain the perpetuity, or for any term of years, an estate or estates real or personal, in lands, tenements and hereditaments,

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and personal property, of what kind or nature whatsoever, within or without the limits of said City, for corporate purposes, and to manage, abandon, sell, convey, lease, improve or rent any property, real or personal, as may be necessary for the best interest of the corporation, in such way and manner and at such times, and as the governing authorities may determine. Said City of Hogansville, created by this Act, is hereby made responsible as a corporate body for all legal debts, liabilities and undertakings of said City as herein and heretofore incorporated, and may acquire right of way or easement, and may own, maintain, operate, extend and improve the present system of electric, electric power, water works, gas, sewerage, quarries, public buildings and parks, streets, alleys, and schools as may be necessary and to have and exercise the right of eminent domain; to acquire by purchase, gift or condemnation for the City such other property rights of way, easement or property needed for public use; and such other rights, powers, and privileges as are provided by the present or former charter of the City of Hogansville, not inconsistent with the laws of Georgia and needful or necessary for use by the City, and which are usual to or permitted by law for municipal uses, including the right to construct, own or lease such public buildings, parks, playgrounds, and to own, acquire or support public library, or other civic improvement, and to appropriate and pay out such funds for the support of such improvements as the governing authorities may determine to be best for the public. Corporate name and powers. Section 2. Mayor and Councilmen: The government of said City of Hogansville, in Troup County, Georgia, shall be vested in a Mayor and five Councilmen. The present Mayor shall continue in office until the 1st Monday in January, 1943 and until his successor is elected and qualified. The present five Councilmen shall continue to hold office as follows: the two who were elected along with the

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Mayor shall continue in office until the 1st Monday in January, 1943 and until their successors are elected and qualified; the remaining three Councilmen who were elected in December, 1939 shall continue in office until the 1st Monday in January 1942 and until their successors are elected and qualified; and they, the Mayor and five Councilmen, and their successors and associates, shall have and exercise all rights, powers and duties conferred on the Mayor and Council of the City of Hogansville created by this Act. Mayor and councilmen. Section 3. Corporate Limits, Their Extent: Be it further enacted, That the corporate limits of said City shall extend as follows: Corporate limits. Beginning at a point in the center of Main Street where same crosses the Atlanta and West Point Rail Road main line, as the center of said City, measure three-fourths of a mile in each direction east, south and west and as far north as the south end of the Atlanta and West Point Rail Road trestle or bridge where same crosses Yellow Jacket Creek. Then at the ends of said lines drawn toward the east, south and west from said center draw lines at right angles to same until the east and west lines intersect the lines drawn on the south, then at the end of said trestle or bridge draw a line parallel to the line drawn on the south and extend same until it intersects the east and west lines, thereby making said corporate limits in the form of a rectangle extending one and one-half miles from east to west and one and nine-twentieth miles, more or less, from north to south. Section 4. Election, Mayor and Council: Be it further enacted, That beginning with the year 1941 an election shall be held in said City on the first Wednesday in December. That on the first Wednesday in December 1941 three Councilmen shall be elected, who shall serve from the first Monday in January 1942 until the first Monday in January

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1944 and until their successors are elected and qualified. That on the first Wednesday in December 1942 a Mayor and two Councilmen shall be elected who shall serve from the first Monday in January 1943 until the first Monday in January 1945 and until their successors are elected and qualified. That on the first Wednesday in December 1941 and biennially thereafter three Councilmen shall be elected, whose term of office shall be two years, from the first Monday in January following his election. That on the first Wednesday in December 1942 and biennially a Mayor and two Councilmen shall be elected whose terms of office shall be two years from the first Monday in January following their election. Election of Mayor and Council. Section 5. Election Managers: Be it further enacted, That all elections in which any subject or question is submitted to the qualified voters of said City of Hogansville, shall be superintended and managed by a Justice of the Peace, or some other judicial officer, and two freeholders who are citizens of said City and own real estate therein, or by three freeholders, all of whom be citizens of said City and own real estate therein, and each of said Managers, before entering on his duties shall take and subscribe before some Justice of the Peace or other officer qualified to administer oaths, or before each other, the following oath: We, and each of us, do swear that we will faithfully and impartially conduct this election and prevent all illegal voting, to the best of our skill and power, so help us God. Said managers shall keep, or cause to be kept, two lists of voters and two tally sheets. All elections shall be held at the City Hall in said City, and the voting shall be by ballot. The polls shall be open at 8:00 o'clock A. M. and close at 5:00 o'clock P. M. Persons receiving the highest number of votes for the respective offices shall be declared elected. The managers of all elections held under the provisions of this charter shall be appointed by the Mayor and Council.

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The Mayor and Council shall determine and provide for the pay of managers, and of any clerks that may be necessary in holding elections. Election managers. Section 6. List of Voters, Talley Sheets, Contests: Be it further enacted, That the said managers shall certify two lists of voters and two talley sheets and shall place one list of voters and one tally sheet into the ballot box, together with the ballots, and seal the same, and shall forthwith deliver the same to the Ordinary of Troup County, Georgia. The other tally sheet and list of voters, together with a certificate showing the result of the election, signed by said managers, shall be placed in a package and sealed, and forthwith delivered to the Clerk of said City, who shall safely keep the same, and at the first meeting of the Mayor and Council, occurring after the expiration of three days from said election, deliver said package to said Mayor and Council, who shall open the same and declare the result, if no notice of contest has been given. If notice of contest has been given, then all further proceedings shall be postponed until the contest shall have been determined. If the result of any election held in said City is contested, notice of said contest shall be filed with the Ordinary of Troup County, within three days after such election, setting forth all of the grounds of contest, and upon the payment of a fee of ten dollars, in advance, to said Ordinary, the said Ordinary shall within two days after he receives the same, cause a copy of said notice to be served by the sheriff, or his deputy, on the contestee, if said contest is for an office; and if the result of any election in which any question is submitted is contested, then said Ordinary shall cause notice to be served on the Mayor of said City and published one time in any newspaper in said County. Said Ordinary shall fix the time of hearing such contest, which shall not be later than ten days after service has been perfected, of which time both parties shall have five days' notice before the hearing. The

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contestor shall pay the sheriff, or his deputy, two dollars in advance for serving notice of contest. All contests shall be heard at the Court House in LaGrange, Georgia. Said Ordinary shall hear and determine the contest and losing party shall pay all costs, of which said Ordinary is authorized to render judgment and issue execution. List of voters, tally sheets and contests. Section 7. Qualification, Voters: Be it further enacted, That all persons qualified to vote for members of the General Assembly of this State, and who shall have paid all taxes legally imposed, due and demanded by the authorities of said City, and shall have resided in said City six months prior to the election at which they offer to vote, and shall have registered as shall be required by the registration laws of said City, shall be qualified to vote at any election provided for in this charter. Qualification of voters. Section 8. Registration of Voters: Be it further enacted, That the Mayor and Council are authorized to provide by ordinances for the general registration of voters for all elections in said City, to make all needful rules and regulations for the same, and to prohibit any person from voting who is not legally registered and qualified to vote. Registration of voters. Section 9. Eligibility for Office: Be it further enacted, That no person shall be eligible to the office of Mayor or Council of said City unless he or she is at the age of twenty-one years and a citizen of the United States of America and of the State of Georgia, and has resided in said City of Hogansville, Georgia, for two years immediately preceding his or her election, and shall be a registered and qualified voter in said City and shall have paid all taxes, including street tax or duty due to and demanded by said City, and all appointive officers of the City shall be resident of the City of Hogansville. Eligibility of voters. Section 10. Removal of Mayor or Councilmen from City: Be it further enacted, That the removal of the

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Mayor or any Councilman or any appointive officer from within the limits of the City shall automatically vacate the office he or they may hold and said vacancy shall be filled as provided for in this Act. Removal of mayor and council from office. Section 11. Oath of Mayor and Councilmen: Be it further enacted, That the Mayor and each Councilman, before entering upon the duties of his office shall take and subscribe to the following oath: I do solemnly swear that I will well and truly perform the duties of Mayor or Councilman (as the case may be) of the City of Hogansville to the best of my skill and ability and as to me shall seem to the best interest and welfare of said City, without fear, favor, or affection, so help me God. Oath. Section 12. Salaries of Officers, and When Named: Be it further enacted, That at the first regular meeting of the Mayor and Council of said City after election and qualification, or as soon as is expedient thereafter, they shall elect a City Clerk, who shall be ex-officio treasurer, tax collector, tax receiver, and clerk of the Recorder's Court of said City of Hogansville; a Marshal, a Chief of Police, as many policemen as in the judment of said Mayor and Council may be necessary, a City Attorney, City Physician, a Superintendent of water, lights, and streets, and such other officers as the Mayor and Council may deem necessary in the government of the City. Any two or more of the above named officers may be combined if, in the judgment of the Mayor and Council such will be to the advantage of the City. Each of said officers shall take such oaths, perform such duties and give such bonds as the Mayor and Council may by ordinance prescribe; provided, that all bonds of officers shall be made payable to the City of Hogansville. Said Mayor and Council shall have the power and authority, and it shall be their duty, at said meeting, to fix the salaries and compensation of said Mayor, not to exceed $100.00 per annum, and each Councilman, not to exceed

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$60.00 per annum, and all other officers, agents, and employes of said City. All officers of said City shall hold their offices at the pleasure of the Mayor and Council. All expenditures of the Mayor and Council and the compensation of the City officers shall be paid out of the City funds by an order drawn by the City Clerk and countersigned by the Mayor, or in his absence, by the Mayor Pro Tem. Salaries. Section 13. Powers and Duties of Mayor: Be it further enacted, That the Mayor of said City shall be the chief executive officer of the City of Hogansville. He shall see that all laws, ordinances, resolutions and rules of said City are faithfully and fully executed and enforced, and that all officers of said City faithfully discharge the duties required of them. He shall have general supervision and jurisdiction of the affairs of said City, and shall preside at all meetings of the Mayor and Council. He shall vote only in case of a tie. He shall have the right to veto any ordinance or resolution, if in his judgment, such is not to the best interest of the City. In the event of a veto, then such ordinance or resolution shall not be valid unless passed at a subsequent regular meeting of Mayor and Council by the concurring vote of four of such Councilmen. Duties of mayor. Section 14. Pardon Powers: Be it further enacted, That the Mayor of said City, or the Mayor Pro Tem acting in case of disqualification or absence of the Mayor, shall have the right to remit or reduce fines and to release any person or persons imprisoned in the City stockage or sentenced to hard labor on the work gang of said City, and to commute the sentence of such person or persons, subject always to the concurrence of two of the members of the Police Committee. Pardon power. Section 15. Annual Budget: Be it further enacted, That the Mayor shall, at the first regular meeting of Council in each fiscal year, submitt a budget estimate of the revenue

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and expenditures of the City for the current year. This estimate shall be complied from detailed estimates obtained from the several departments of the City on uniform blanks to be furnished by the City Clerk. The classification of the estimates shall be as nearly uniform as possible for the main functional divisions of each department, which shall give, in parallel columns the following information: (a) A detailed estimate of the expenses of conducting each department, division or office, for the current year; (b) expenditures for corresponding items for the past two fiscal years; (c) amount of material and supplies on hand at the time the estimate was prepared; (d) increase or decrease of appropriations proposed by each department as, compared with corresponding appropriations for previous years; (e) such other information as may be enlightening; (f) recommendation of the Mayor as to the amounts to be appropriated, with reasons therefor in such detail as may be advisable. At the first regular meeting of each fiscal year, or as soon thereafter as may be done, the appropriation ordinance for the current year shall be passed in such amounts as may be determined, and it shall be unlawful to make expenditures in any department of the City's affairs in excess of amounts allocated for the particular department as set forth in the budget for the current year's expenditures, as approved, except in case of emergency, then for such funds as is approved by the Mayor and four members of the Council. At the end of each fiscal year all unexpended balance of appropriations in the treasury shall revert to the general fund and be subject to further appropriations. Any ordinance may be passed as may be necessary to carry out these purposes. Budget. Section 16. Recorder's Court. Be it further enacted, That there shall be a Court known as Recorder's Court in said City for the trial of all offenders against the laws and ordinances of said City, to be held by a recorder or an

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acting recorder, as in this charter provided, in the council room of said City as often as necessary to be held. Said court shall have power and it shall be the duty of the recorder, or acting recorder, to preserve order, compel the attendance of witnesses, resident within or without the limits of the City, to continue cases, assess bail for the appearance of the accused party, to punish for contempt by imprisonment in jail not exceeding ten days or a fine of not exceeding ten dollars; one or both. Said recorder, or acting recorder, shall have full power and authority, upon conviction, to sentence any offender to labor upon the streets or other public works in said City for a period of not exceeding thirty days; to impose a fine of not exceeding one hundred dollars or to sentence said offender to be confined in the guard house or other place of imprisonment in said City not exceeding sixty days, either one or more of said penalties may be imposed in his discretion. That the recorder or acting recorder shall have full power and authority to administer all oaths and perform all other acts necessary in the conduct of said court, and shall have full power and authority, in cases where it is made to appear that a State law has been violated, to bind the offenders over to the proper court of Troup County, for trial and to assess bail for his appearance at said court. The rules of the Superior Court shall apply to this court. Recorder's court. Section 17. Appeals and Certiorai: Be it further enacted, That any person convicted before the recorder, Mayor, Mayor Pro Tem., or any member of the City Council, sitting as a court, for violation of the laws or ordinances of said City, may enter an appeal from the judgment of said court to the Council of said City, provided the appeal is entered within twenty-four hours after the judgment is pronounced, and provided all costs are first paid and bond given to abide the hearing of any appeal case. The Council of said City, on the hearing of any appeal case, shall have

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the power to increase or decrease the fine imposed by the Recorder, or Mayor, acting as Recorder, as they think right and proper. Any person convicted on appeal by the Council may have the right of certioriari to the Superior Court of Troup County, Georgia, provided all costs are first paid and bond given in double the amount of the fine imposed, which bond shall be approved by the Mayor for the appearance of the defendant to answer to answer the final judgment or decree of the court; provided, that nothing in this section shall prevent the applicant for appeal or certiorari from filing the proper pauper affidavit in lieu of the payment of cost of giving the bond as now required by law; provided further, that such applicant giving pauper affidavit in lieu of bond and costs may be imprisoned to await the final judgment of the certiorari. All applicants for the writ of certiorari to review the judgment of either the Court or of the Council on appeal, shall be made to and sanctioned by the Judge of the Superior Court of Troup County, Georgia, and filed in ten days after the decision complained of, and not afterwards. In all other respects, excepting the time in which the application shall be sanctioned and filed, they shall be governed by the same rules and regulations as govern applications for certiorari from a Justice's Court. Appeals and certiorari. Section 18. Election of, and Duties of Recorder: Be it further enacted, That the Mayor and Council may, in their discretion, elect a recorder, who shall be a citizen of the City of Hogansville and who shall try all offenders against the ordinances of said City. In the absence of the recorder, or his disqualification or non-election the Mayor or any member of the Council may act as such. That the salary of the recorder shall be fixed at the time of his election and shall not exceed $15.00 per month. Election and duties of recorder. Section 19. Mayor Pro Tem, Election, Duties, Vacancies in Office of Council: Be it further enacted, That the Mayor and Council at their first regular meeting in each

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year, or as soon as convenient thereafter, shall elect one of the Councilmen Mayor pro tem; whose duties shall be to perform all the duties of Mayor in case of death, absence, resignation, disqualification or disability. That in case of vacancy in the office of Mayor, the Mayor pro tem shall perform all the duties pertaining to the office of Mayor until the next regular election, at which time a Mayor, for the unexpried term shall be elected. That in case of a vacancy or vacancies in the office of Councilmen, said vacancy shall be filled by the Mayor and Council until the next regular election, at which time said vacancy or vacancies shall be filled by the election of the necessary councilmen for the unexpired term. Mayor pro tem, election, duties and vacancies. Section 20. Mayor and Councilmen, Ex-Officio Justices of the Peace: Be it further enacted, That the Recorder, Mayor and each member of the City Council and the Clerk of the City shall be ex-officio justices of the peace, so far as to enable any one of them to issue warrants for offenses committed within the corporate limits of the City of Hogansville, returnable to the Recorder, or acting Recorder of said City, and he may confine, and punish by fine offenders against the ordinances of the City, and shall commit and bind over offenders against the laws of this state to answer such offense before the proper tribunal having Jurisdiction to try the case. Mayor and councilmen ex-officio justices of the peace. Section 21. Duties of Members of Council: Be it further enacted, That the members of the City Council shall meet with the Mayor of said City at each of the regular meetings and at all special or call meetings, unless providently prevented from attending and shall devote such time as may be necessary to the administration of the affairs of the City and attend to legislative and executive affairs of the City, and shall perform such other duties as is now required of them by law or ordinances or by the charter of the City of Hogansville. Duties of members of council.

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Section 22. Duties of Clerk, Bond: Be it further enacted, That it shall be the duty of the City Clerk to receive the tax returns, collect taxes, license and special business taxes, and all other taxes, fines and assessments made by the Mayor and Council, keep the different funds separate, make such report to the Mayor and Council of the different funds on hand and the condition of the treasury as the Mayor and Council may require, attend the meetings of the Mayor and Council, keep a minute of such meetings and record the same in a book to be kept for the purpose, and perform such other duties as the Mayor and Council may require of him. Duties of clerk, bond. Section 23. Bond of Officers: Be it further enacted, That the Mayor and Council of said City shall have the right and authority to require surety bond of the clerk, marshal, City chief of police, general supervisor and all other officers in such amount, and under such conditions, as said governing authorities may determine; said bond shall be payable to the City of Hogansville and shall be conditioned for the faithful performance of the duties of such officers. Bond of officers. Section 24. Duties of the Marshal: The Marshal shall patrol the City for the purpose of enforcing law and preserving peace, and shall superinted, direct and control policemen, and all other persons employed by the City for that purpose and see that they do their duty; obey such instructions as he may receive from the Mayor, Council and of any Committee as provided by ordinance; shall prosecute offenders against the laws and ordinances of said City; shall arrest all offenders against the City ordinances and carry all such persons before the Recorder's Court for investigation; must execute all orders, warrants, executions or summons placed in his hands by the City authorities; shall see that the public streets, side-walks and alley ways are kept unobstructed and take such steps, as necessary,

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to remove all nuisances; to attend all meetings of the Mayor and Council, and Recorder's Court; shall take bond for prisoners in accordance with the provisions of the Ordinances; shall collect all fines and account for the monies collected; shall discharge such other duties as may be required of him by ordinance. The office of Marshal and of Chief of Police may be combined, if in the judgment of the Mayor and Council such is to the best interest of the City. Duties of marshal. Section 25. Duties and Powers of Marshal: Be it further enacted, That the Marshal of said City of Hogansville shall levy all executions in favor of said City, and all executions issued by authority of said Mayor and Council, for ad valorem, business tax, assessments, or any other taxes, or for fines, licenses, or any other claims or demand of said City, shall be directed to the Marshal, and the said Marshal shall have authority to levy and collect the said executions, advertise and sell property, real or personal, levied on thereunder, and to make deeds where sales are made under executions. The Marshal of said City shall have the authority to place purchasers at Marshal's sales in possession as sheriffs of this State have under sheriff's sales, and deeds to real estate sold by the Marshal under execution shall have the same force and effect, and shall be admitted in evidence, as are sheriff's deeds in this State. The Marshal of said City shall have such other and further powers and duties as may be conferred or imposed upon him by ordinance by the Mayor and Council of the City of Hogansville. Power of marshal. Section 26. Arrests: Be it further enacted, That the Mayor and Council of Hogansville shall have power to authorize, by ordinance, the Marshal or any policeman of said City to summon any or all bystanders to aid in the arrest of any person or persons violating any ordinance of said City, or law of this State, and to provide a punishment

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for any person or persons failing or refusing to obey summons. Arrests. Section 27. Arrests, How Made: Be it further enacted, That it shall be lawful for the Marshal or any policeman of said City, lawfully appointed, 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 the violation of any law of Georgia, or of the ordinances of said City, and to hold said persons 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 to confine any person arrested by them in the city prison or the jail of Troup County, for a reasonable length of time. The Marshal and policeman of said City are authorized to the same extent as sheriffs of this State to execute warrants placed in their hands charging any person or persons with violating the criminal laws of this State. Arrests without warrant. Section 28. General Supervisor Authorized: The Mayor and Council of the City of Hogansville may designate and appoint a general supervisor over all departments of the City and fix such duties as such supervisor may be required to perform, and shall have the right to give to the supervisor authority to make such necessary purchases under such conditions as the Mayor and Council may fix. Said Mayor and Council may combine such departments of the City under the general supervisor, and to place such employees, including the heads of the departments, under his direction and control subject to such limitations as the Mayor and Council may fix, and shall have the right to require bond of such supervisor, in such amount and subject to such terms as may be to the best interest of said City, and said Mayor and Council shall have the right and authority to appoint such other officers and employees as they deem needful and necessary for the good of the City. General supervisor authorized.

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Section 29. QuorumCalled Meetings: Be it further enacted, That the Mayor or any two Councilmen may call a special meeting of the Council at any time by giving notice to all members of the Council. The Mayor and three Councilmen, or four Councilmen, shall constitute a quorum for the transaction of any business, provided, however, that all questions involving the appropriation of money shall require a majority vote of all the Council in favor of such. Quorummeetings. Section 30. Regular Meetings: Be it further enacted, That the regular meetings of the Mayor and Council shall be held on the first and third Mondays in each month, but this time may be changed by a two-thirds vote of the Council. Regular meetings. Section 31. Appearance Bonds: Be it further enacted, That the Marshal or any policeman of said City shall release any person arrested upon said person giving a bond, in cash or by surety, approved by such Chief of Police, policeman, Marshal, Recorder, or any Councilman of said City, conditioned to pay the city said bond, in the event said person arrested does not appear before the Recorder's Court of the City at the time and place specified in the bond, and from time to time, until the accused is tried for the offense for which arrested. And should such person fail to appear at the time and place fixed in the bond, said bond may be forfeited by the Recorder's Court of the said City, as the Mayor and Council may by proper ordinance provide. Said Recorder's court shall have authority to compel the attendance of witnesses by imprisonment, if necessary, and require and take bonds to secure their attendance as may be necessary to secure their attendance or compliance with the order or sentence of the court, and to forfeit said bonds before the Recorder's Court and to pass ordinances to carry the provisions of this Section into effect. Appearance bonds.

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Section 32. Work Gang: Be it further enacted, That the Mayor and Council of Hogansville shall have power to organize one or more work gangs, and to confine at labor therein persons who have been sentenced by the courts of said City to work upon the streets or other public works of said City, and shall have power to make all rules and regulations that may be suitable, usual or necessary for the government, discipline or control of such work gangs, and to enforce the same through its proper officers. Work gang. Section 33. Property Tax, Rate: Be it further enacted, That for the purpose of raising revenue for the support and maintenance of the City Government and all expenses and liabilities of said City, except schools, the Mayor and Council of said City shall have full power and authority, and shall provide by ordinance, for the assessment, levy and collection of an ad valorem tax on all real and person property within the corporate limits of said City, said tax not to exceed one-half of one per cent upon the value of said property for ordinary current expenses, and said Mayor and Council of the said City shall have full right, power and authority, and it shall be their duty to provide by ordinance, for the assessment, levy and collection of an ad valorem tax on all real and personal property within the corporate limits of said City, at such rate on the value of said property as is fixed by the Mayor and Council for general tax purposes and as is provided or permitted by the Consttiution and laws of Georgia, for the payment of all bonds issued by said City, or which may be issued by said City, and for all bonded debts now or hereafter incurred, with interest. And said Mayor and Council of said City shall have the right, power and authority, and it shall be their duty to provide by ordinance for the assessment, levy and collection of an ad valorem tax on all real and personal property within the corporate limits of said City, not to exceed one-half of one per cent upon the value of

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said property for school purposes, as is provided by previous acts of the legislature of Georgia. And said Mayor and Council shall have the right and power to pass and enforce such ordinances and laws as may be necessary to carry out the purposes herein provided, or which may be essential thereto. The City shall pay the school tax as collected to the School Board, but shall not be responsible for any tax levied but which is not collected. Property tax. Section 34. Tax Returns: Be it further enacted, That any person owning or holding property of any kind, in any capacity within the corporate limits of said City, except property which, under the general laws of the State of Georgia, is required to be returned to the State Revenue Commissioner, shall for the current year and on March 1st of each year hereafter, shall return the same for taxation under oath on or before June 1st each year or on, or after such date as the Mayor and Council shall provide, to the City Clerk or the officer authorized to receive tax returns for said City. The Mayor and Council of said 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, and each taxpayer and property owner in said City shall fill out schedule, entering thereon at actual market value all of the property owned or held in any capacity by said tax payer, of every kind and description, both real and personal, including stock of merchandise, money, notes, and accounts, choses in action, mortgages, crop liens, stocks, bonds and other investments for taxation. The full face value of all notes, accounts, mortgages, crop liens, stocks, bonds and other investments, securities, real and personal property held by each taxpayer in said City in his own right, or as agent, trustee, guardian, administrator, executor, or otherwise on the day determined by the Mayor and Council for the valuation of property for taxation, shall be

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returned, whether considered solvent or insolvent, with the actual value of said notes, accounts, mortgages, stocks, and bonds and other property, securities and investments. 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 City Clerk, or other officers authorized by the Mayor and Council 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 property, real and personal, owned or held by me as agent, trustee, guardian, executor, or administrator, in any capacity whatever on the first day of March of the current year, subject to taxation in the City of Hogansville, including money on hand, notes, accounts, mortgages, stocks, bonds and other investments and securities at actual market value, so help me God.' And said oath shall be signed by the person making said tax returns. Said tax returns shall be by the City Clerk or other officer receiving the same, placed before the city tax assessors as hereinafter provided for, when they meet to make their assessments. Said Mayor and Council shall have full power and authority to fix by ordinance some other day in each year on which property shall be valued for taxation. Tax returns. Section 35. Tax Assessors: Be it further enacted, That the said Mayor and Council shall, for the current year, elect three intelligent, discreet and upright persons, citizens and qualified men of said City, and owners of real estate therein, whose term of office shall be one year, to act as City Tax Assessors. The City Clerk shall act as clerk to said Board of Tax Assessors so elected. The said City Tax Assessors so elected may at any time be removed from office by the Mayor and Council for good and sufficient cause to be judged by said Mayor and Council, and all vacancies occurring from any cause shall be filled by the Mayor and Council at its next regular or called meeting. It shall be the

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duty of said Tax Assessors to carefully appraise and assess at its actual market value all real estate and personal property for the purpose of taxation by said City, and it shall be their duty to carefully examine all tax returns placed before them by the officers receiving the same, and it shall be their further duty to increase or decrease actual value all personal or other property listed upon said tax returns, if in their judgment they believe the value placed thereon by the taxpayer or his agent does not represent the actual market value of the property so returned. The Mayor and Council shall have the authority to prescribe rules for the government of said City Tax Assessors. Said assessors shall make a final return of the assessments made by them to the said Mayor and Council each year at such times as the Mayor and Council shall fix. Prior to the time that such final returns are to be made to said Mayor and Council the said Board of Tax Assessors shall appoint a time and select a place for the hearing of objections to any assessment made, said objections to be heard by the Board of Assessors, of which public notice shall be given as may be prescribed by ordinances, and the Board of Assessors, shall give to each owner, of said property whose tax returns has been increased, at least ten days' notice of the time of said hearing stating therein the items upon which increase has been made and when given in by an agent, notice to such agent shall be considered sufficient. If the owner is not a resident of the City and has no known agent residing therein, the Mayor and Council shall mail such notice to the last known address in an envelope properly stamped and addressed and such shall be sufficient notice. The Mayor and Council shall have power and authority and shall provide by ordinance for the assessing of all property of every description at its market value for taxation, and for double taxing of defaulters. The City Tax Assessors shall take the following oath: I do solemnly swear that I will faithfully perform the duty of Tax Assessor of the City of Hogansville to

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the best of my skill and ability and that I will conscientiously and to the best of my ability and knowledge and judgment try to arrive at the actual market value of all real estate and such other property as is placed before me for assessment, without fear, favor or affection, and that I will return same at its actual market value, so help me God. Tax assessors. Said Tax Assessors shall have the power and authority to require all taxpayers, be they individuals, firms, or corporations, or associations, to furnish them an accurate list of all assets, including notes, accounts, mortgages, taxable stocks and bonds, and all other securities and investments which are subject to taxation by the City. They shall further be authorized to require such individuals, firms, corporations or associations to furnish them with a true financial statement of the affairs of such firm, or corporations, individuals or associations and to give them any other detail information relative to the manner in which said individuals, firms, corporations or associations arrived at the value of any item upon said returns, if in their opinion such production or source of information is deemed necessary in order to accurately arrive at the correct market value of any item so listed. All assessments made by said assessors shall become final if no objection is filed in writing on or before the time set by said Board of Assessors for the hearing of such objections, notice such as the Mayor and Council shall by ordinance prescribe having been given of such hearings; and if objections are made at the said hearing to any assessment the decision by said Board of Assessors, after hearing the evidence, shall be final unless the taxpayer demands an arbitration. If any taxpayer is dissatisfied with the action of said Board of Assessors after hearing the evidence, he may within ten days from the date the Board of Assessors gives notice of its action, the notice to be given as provided for by ordinance of Mayor and Council of Hogansville, give

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written notice to said Board of Assessors that he demands an arbitration, giving at the same time ant the name of his arbitrator; said written notice to be filed with the Clerk of the City of Hogansville. The Board of Assessors shall name its arbitrator within three days thereafter and these two shall select a third, a majority of whom shall fix the assessment on the property on which said taxpayer shall pay taxes, and in the event there is no agreement between a majority of said arbitrators, the umpire or arbitrator, who is selected by the two arbitrators named by the taxpayer and said Board of Assessors shall cast the deciding vote. The Board of Assessors shall be free holders and citizens of the City of Hogansville and shall render their decision within ten days from the date of naming of the arbitrator by said Board of Assessors. In the event that the arbitrator named by said Board of Assessors and the arbitrator named by the taxpayer shall fail within five days from the date the Board of Assessors name their arbitrator, to agree upon a third arbitrator, then the Mayor and Council shall name the third arbitrator to act with the arbitrator named by the taxpayer and the arbitrator named by said Board of Assessors, said arbitration shall be had and the said arbitrators shall be compensated in the same manner as is provided by laws of Georgia for the arbitration of tax returns in fixing assessments for State and County Taxes. Mayor and Council shall provide for the punishment of any taxpayer refusing to comply with their request with reference to the producing of any book, paper, record or any other enlightening evidence which may tend to assist the said tax assessors in arriving at the true market value of all items returned for taxation and shall fix reasonable rules and regulations for their production. The said Assessors, with the approval of the Mayor and Council, and at the expense of the City of Hogansville, employ the service of engineers, contractors, architects, or any

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other experts in any department for the purpose of securing any information that will be of assistance to them in accurately ascertaining the actual market value of any property subject to taxation by said City. After the final returns have been made by said tax assessors and all hearings have been disposed of by them and after same shall have been delivered to the Mayor and Council as final, it shall then be the duty of the City Clerk to place before the Mayor and Council the aggregate amount of all property so returned at its market value. It shall then be the duty of said Mayor and Council to fix such percentage of the actual market value of said property, which percentage shall be applied to all property alike, as a basis of assessment for taxation, the amount of such percentage must be sufficient to meet all of the annual expenditures of said City, based upon the legally authorized tax rate in force in the year in which the said percentage of valuation is made. Section 36. Back Taxes: Be it further enacted, That in case any property, subject to taxation, was not assessed, by the tax assessors, or returned for taxation, or for any reason, has not been assessed for taxation and taxes collected thereon, in any year then passed, the City Assessors, may at any time assess said property for the said year or years, and double tax, if there has been a failure to return as required by law, and the Mayor and Council may provide for double taxation of defaulters, and may cause execution to issue therefor, as in other cases, at the rates for the several years in which no taxes were paid. This right shall apply in like manner to property which in the future may be omitted from any cause from return or assessment, and the collection of taxes thereon omitted in any year, and assessments may be made and execution issued hereunder, as well as for years prior to the passage of this Act as thereafter. The Mayor and Council may provide by ordinance

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for the execution of the provisions of this section wherever ordinances are necessary. And said Mayor and Council shall provide by ordinance for notice to parties whose property has been, or may be, assessed for back taxes and the hearing of any complaint. All assessments referred to in this section shall be made by the City Tax Assessors. Back taxes. Section 37. Special Taxes: Be it further enacted, by the authority aforesaid that said Mayor and Council shall have full power and authority and may by ordinance license, tax and regulate or prohibit billiard rooms, pool rooms, billiard tables, pool tables, ten pin alleys, and all billiard tables kept or used for the purpose of playing, gaming or renting, and all ten pin alleys, nine pin alleys, or alleys of any kind which are kept or used for the purpose of playing on with pins, or balls, or other similar games, and may zone or restrict the locations where such may be kept or used and pass such ordinances, as are necessary therefor. Special taxes. Section 38. Occupation Tax: Be it further enacted, That said Mayor and Council shall have full power and authority to require any person, firm, company or corporation, whether a resident or non resident of said City, engaged in or carrying on, or who may engage in, prosecute or carry on any trade, business calling, vocation or profession within the corporate limits of said City, by themselves or their agent or agents, to register their names and business, callings, vocation or profession annually, and to require such person, company or corporation to pay for such registration, and to pay a license to prosecute, carry on or engage in such business, calling or profession in such amount as the said Mayor and Council may by ordinance prescribe. Said Mayor and Council may provide by ordinance for the punishment of all persons, firms, companies or corporations required by ordinance to pay such occupation tax, or license, who engage in, or offer or attempt to engage in, such business, profession or occupation before paying such tax or

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taking out such license, or who fail to comply in full with all the requirements of the City Council made in reference thereto. Occupation tax. Section 39. License for Shows: Be it further enacted, That said Mayor and Council have power and authority to pass such ordinances as they think proper in regard to granting or not granting license or permits to theatrical companies or performances, or for shows or other exhibitions, and to fix the amount of such license by ordinance. License for shows. Section 40. Payment of Taxes: Be it further enacted, That the Mayor and Council shall have the power and authority to provide by ordinance when the taxes of said City shall fall due, and in what length of time said taxes may be paid, when tax executions shall be issued against all persons who have not paid their taxes by the time fixed by ordinance, and to fix a penalty for the non-payment of taxes when due. The said City, through its Mayor and Council shall have authority to provide by ordinance for the payment of taxes due to the said City in installments, or in one lump sum, and to provide when and how and upon what terms such taxes shall be due and payable; and to authorize the payment of taxes prior to the time when due and allow discounts upon anticipated payments, and in general to fix the terms and methods of payment, and collection of City taxes, in such manner as the Mayor and Council may determine. Payment of taxes. Section 41. Executions: Be it further enacted, That the Mayor and Council of the City of Hogansville shall have authority to issue executions for the collection of any debt or claim due said City, arising by contract, express or implied, or by tort. Executions. Section 42. Objections to Issuance of Fi. Fa: Be it further enacted, That the Mayor and Council of the City of Hogansville shall cause written notice to be served ten

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days before the issuance of any execution, requiring cause, if any, to be shown why an execution should not issue, stating in said notice the time and place of hearing. The Mayor and Council shall hear and pass on all objections to the issuance of executions. Any person being dissatisfied with the action of Mayor and Council may carry the cause to the Superior Court of Troup County, Georgia, in the manner now provided by law for certiorari as already provided by law. Any person, being notified to show cause why an execution should not issue against him shall be estopped from after objecting to the issuance and collection of same. Objections to issuance of fi. fa. Section 43. Cost of Issuing and Serving Summons: Be it further enacted, That the cost of issuing, serving, or executing all summons, executions, processes, writs, or subpoenas shall be the same as now allowed justices of the peace and constables for like service and where they are issued shall be paid into the city treasury. Cost of summons. Section 44. Executions, How Issued, Advertised, Levied and Method of Sales: Be it further enacted, That executions for any and all taxes, fines, licenses, fees, assessments, forfeitures, or demands due to said City, or its corporate authorities, against any person or persons, firm, company or corporation, or against any specific property subject thereto, shall be issued by the Clerk of said City, signed by him, bear test in the name of the Mayor, and be directed to the marshal of said City, and all and singular the sheriffs, deputy sheriffs and constables of this State, commanding them that of any property belonging to the defendant against whom said execution is issued, or of the certain property described in the execution, they make by levy and sale the amount due on said execution with cost. The Mayor and Council shall provide by ordinance for advertising of, method of conducting, and all other regulations governing the sales by the Marshal under city executions. The sheriff, deputy sheriff, and constables of this State shall have the

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same power and authority to levy and collect executions issued by the City of Hogansville as they have to levy and collect executions from the various courts of this State. Executions, how advertised and method of sale. Section 45. Sales, How Conducted: Be it further enacted, That all sales of personal property made by the Marshal shall be conducted in the same manner as constables sales. In case of levy upon real estate, he shall advertise same in a paper published in said City or if none, by posting three or more notices of the sale in conspicuous places in said City for thirty days next before the date of sale. All sales shall be on the first Tuesday in each month at the City Hall in Hogansville, Troup County, Georgia, except in cases of levy on live stock or any thing perishable or liable to deteriorate in value, in which event the property may be sold on order of the Mayor of said City after advertisement of same by posting written notice as above described for three days. In case of sale of realty the marshal is hereby empowered to make the purchaser a deed to same and put him in possession of the premises. Sales, how conducted. Section 46. Classification of Businesses: Be it further enacted, That said Mayor and Council are hereby given authority to pass such ordinances as may be necessary or proper to carry the foregoing sections into effect; to classify businesses and to arrange the various businesses, trades and professions carried on in said City that may be taxable, into such classes of subjects for taxation as may be just and proper, and to provide for the registration of all motor vehicles in said City and to charge such reasonable amount therefor, as may be prescribed by ordinance. Classification of businesses. Section 47. Police Powers: Be it further enacted, That said Mayor and Council shall have authority to regulate the opening and closing of all retail mercantile places of entertainment, amusement, shows and such like businesses within said City, so as to provide at what hour each shall close and open, for the better preservation of the health, peace

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and good order of said City. Said Mayor and Council may classify the said business, and make such regulations for each class as they deem best. Police powers. Section 48. Malt Beverages: Be it further enacted, That the Mayor and Council shall have full power and authority to license, tax and regulate the sale of vinous and/or malt beverages within the City limits; and may designate, by Ordinance, the localities in which vinous and/or mal beverages may or may not be sold; and may require of the applicants for permit or license to submit proof of good moral character before the granting of such permit or license. The said Mayor and Council may revoke any license or permit which may have been granted, or which may hereafter be granted, on the conviction of the holder thereof of the violation of any ordinance of the City of Hogansville or any law of the State of Georgia. Malt beverages. Section 49. Powers as to Paving: Be it further enacted, That the Mayor and Council shall have full power and authority to lay out, widen, change, abandon, vacate straighten, open, close permanently or temporarily, improve, alter, drain, pave and keep in good repair all roads, streets, alleys, cross-walks, side-walks, bridges, ditches and drains in said City for the use of the public and to control the same, and to dig, repair or close any public well or wells in said City. To punish by fine or imprisonment and labor on the public works, for the obstructing or filling any drain or ditch in said City, either on private or public lands; and to this end they shall have power and authority to condemn and appropriate any lands in said City or if necessary for an outlet for drainage or sewerage, beyond the limits of said City, but they shall be liable to the owner thereof any reasonable sum therefor as damages. Powers as to paving. Section 50. Paving: Be it further enacted, That the Mayor and Council of the City of Hogansville shall have

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power and authority to pave or provide for the paving of railroad crossings within the City of Hogansville and other portions of any street therein, and to assess the cost therefor, or any part thereof, against the adjoining property owners, and issue executions to enforce the payment of the same. Paving. Section 51. Paving and Improvements Under Baby Bond Plan: Be it further enacted, That the City of Hogansville by and through its governing body, are hereby authorized and empowered to make such street and sidewalk improvements, as may be necessary in under the Baby Bond plan, as provided in Chapter 69, section 401-434 inclusive, of the 1933 Code of Georgia, Annotated; and all rights and powers therein conferred may be exercised by said governing body, subject to the restrictions, terms, definitions and requirements as are therein set out, and said Chapter 69, section 401-434 of said Code, together with all amendments thereto are made a part of this charter. Paving improvements under baby bond plan. Section 52. Baby Bond Referendum: Be it further enacted, That all ordinances, adopting Provisions of Chapter 69, sections 401-434 inclusive of the 1933 Code of Georgia, annotated, previously passed, and adopted, as required by law by referendum, and entered on the minutes of the City of Hogansville, Georgia, are confirmed and shall continue of force until repealed or revoked in a manner provided by law. Baby bond referendum. Section 53. Obstruction of Street Crossing, etc: The Mayor and Council shall have the authority to prevent the blocking of streets, sidewalks or railroad crossings, except for the purpose of taking on or letting off passengers at the depot, and to regulate the parking of vehicles on the City Streets. Obstruction of street crossing. Section 54. Street Work and Street Tax: Be it further enacted, That the Mayor and Council of said City shall

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have power to require every male inhabitant in said City, between the ages of twenty one and fifty who is able to work be worked on the public roads, to work such length of time on the streets of said City as Mayor and Council shall direct by ordinance, in no case to exceed ten days in one year. Said person so subject to be worked on the streets shall have the right to relieve themselves of said work by paying a street tax, which said Mayor and Council shall fix by ordinance, and which tax shall in no event exceed Fve Dollars for one year. Said work to be done and said tax to be paid at such times as said Mayor and Council may direct. Any person subject to work on said streets who shall fail to work or to pay said tax, after being properly notified, may be punished in the Recorder's Court, as the Mayor and Council may by ordinance prescribe. Street work and street tax. Section 55. Assessments for Street Improvements: Be it further enacted. 1. That the Mayor and Council of said City shall have power and authority, in their discretion, to grade, pave, macadamize and otherwise improve the travel and drainage of the sidewalks, streets, squares, public lanes and alleys of said City. 2. In order to carry into effect the authority of above, the said Mayor and Council shall have power and authority to assess not more than two-thirds of the costs of paving and otherwise improving the sidewalks, including not more than two-thirds of the cost of the necessary curbing on the real estate abutting on the said sidewalks. 3. Said Mayor and Council shall have full power and authority to assess one-third of the cost of grading, paving, macadamizing, constructing side drains, cross drains, crossings or otherwise improving the roadway or street proper, on the real estate abutting on one side of the street improved, and one-third of the cost on the real estate abutting on the other side of the street so improved; the real estate abutting the street shall pay not more than two-thirds of the entire cost, in the discretion of the Mayor and Council,

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and any street, railway company, or other railroad company having tracks running through or across the streets of said City, may be required to pave, macadamize or otherwise improve said streets in such proportion as the Mayor and Council may prescribe. 4. Said Mayor and Council shall have full power and authority to adopt by ordinance such a system of equalizing assessments on real estate for the above purposes, for the amounts above set forth, as may be just and proper, estimating the total cost of such improvements made, and prorating the cost thereof on the real estate according to its frontage on the street, or portion of street, so improved, or according to area of value of said property, either or all, as may be determined by ordinances. 5. That the amount of the assessment on each piece of real estate shall be a lien on said real estate from the date of the passage of the ordinance providing for the work and making the assessment. 6. The Mayor and Council shall have full 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 so assessed, for the amount assessed against the owner at the date of ordinance making such assessment, which execution may be levied by the Marshal of said City on such real estate, and after advertising and other proceedings, as in case of tax sales, the same shall be sold at public outcry to the highest bidder. Such sale shall vest absolute title in the purchaser. Said City Marshal shall have the authority to eject occupants and to put purchasers in possession provided, the owner of said real estate shall have the right to file his affidavit denying the whole or any part of the amount for which execution is issued, and stating the amount which he admits to be due, which amount admitted to be due, with all costs, shall be paid before the affidavit shall be received, and the affidavit shall be returned to the Superior Court of Troup County, Georgia, and there tried and the issued determined,

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as in cases of illegality, subject to the penalties provided by law as in case of illegality filed for delay. 7. The Mayor and Council shall have authority to pave and contract to pave the whole surface of the street, without giving any railroad company, or other property holder abutting on the street, the option of paving such space themselves or by a contract at his or its instance, the object being to prevent delay and to secure uniformity. 8. The lien for assessment on abutting property, and on street railroad or other railroad companies, for street or sidewalk paving, curbing, macadamizing, grading or draining, shall have rank and priority of payment next in point of dignity to liens for taxes, such lien to date from the passage of the ordinance authorizing the execution of the work in each case. 9. Said Mayor and Council shall have power and authority to prescribe by ordinances such other rules as they may, in their discretion, think necessary to grade, pave, drain, macadamize, or curb the streets, sidewalks and alleys of said City; to enforce by execution the costs thereof against the adjacent property owner and railroad companies, and to provide how the agents or owners thereof shall be served with notice by personal service or by publication. 10. Prior to the passage of any ordinance or resolution providing for the paving or improvement of any streets or portion of any street, except sidewalks, the Street Committee together with the Mayor, shall cause to be published for at least one time a week for four successive weeks a notice in the daily newspaper published in the City of Hogansville, if there is no daily newspaper in Hogansville, Georgia, then in four issues of a newspaper published in Troup County, Georgia, in which legal advertisements are carried, for four consecutive weeks, that at a time and place to be therein specified, said Committee will meet to make a determination in respect thereof, such notice shall also be served personally or be sent by mail to each owner of property, or owner on such street to be improved at his last known address

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and shall contain a brief description of the character, location and extent of the proposed improvement. Any person interested shall be entitled to be heard at such meeting; if before such meeting a protest against the improvement, in writing, signed by the owners of a majority of the lineal feet frontage upon the street, section of a street, public place, or square proposed to be improved, exclusive of any portion thereof owned by the City, or intersection of streets and acknowledged, as deeds of real estate are required to be acknowledged, be filed with said street Committee, they shall not decide in favor of the proposed improvement, nor shall they again consider the same within six months, but the owners of a majority of the frontage of said street, or a similar section of the same, not less than one block in length on said street, may file with the said Street Committee a petition therefor, and in that case the said Street Committee may at any time decide in favor of the improvement as therein requested. 11. If the Street Committee shall determine that such improvement ought to be made, it shall then present to the Mayor and Council a plan and specification of the proposed improvement with a written statement specifying the location, character, and extent of such improvement, of what material the same is to be made, and estimated cost thereof, specifying the particulars and estimated items of said cost, with a copy of the resolution of said Street Committee determining that such improvement ought to be made, and an estimated statement of the amount which should be borne by the assessment, and what portion should be paid by the City, said statement to be signed by the Chairman of the Street Committee. 12. In case the Mayor and Council approve such recommendation it shall be by resolution authorizing the Street Committee to make such improvement, and same shall be entered upon the minute book of the City, however, the Street Committee, with the approval of the Mayor and Council, may in its discretion adopt plans and specifications for different kinds of

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paving or materials. 13. The Mayor and Council may borrow for the purpose of paying for the cost of street improvement during the progress thereof in the anticipation of the collection of the assessments thereof, an amount sufficient to defray the cost of such improvements. All sums as may borrowed shall be included in and shall be apportioned and assessed as a part of such improvements. 14. In case the work shall be paving, macadamizing, or otherwise improving a street, lane or alley with or without storm sewers, the City Engineer shall ascertain the aggregate length of lots upon both sides thereof, and the front length of each lot or parcel with an aggregate description thereof, and the name of each owner so far as it can be ascertained. 15. The Street Committee shall then determine the expense of the whole work, including the expense of surveying, advertising, legal services, engineering, and preparing the assessment list, and cause the average expenses upon each front foot of the parcels of land upon both sides of said street, lane or alley, including cross streets, to be ascertained and each and every lot or parcel of real estate to be assessed with its portion of the expenses by multiplying its number of feet front into the average expense per foot. In the event there shall remain a portion or the whole of any block on any street which has not been paved, macadamized, or improved lying between portions of said streets or intersecting with streets which have been paved, macadamized or otherwise improved, the Street Committee subject to the approval of the Mayor and Council, shall have the power to enter into a contract for paving, macadamizing or otherwise improving that portion of said street without the consent of the abutting property owners if in their judgment they deem such action to be to the best interest of the City; the expense connected therewith to be assessed in the same manner as is provided for other paving, macadamizing or otherwise improving under this Act. 16. The Street Committee is authorized and empowered at any time upon any

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street where improvement is contemplated, to compel the residents of any such streets and the property owners whose lots front on or abut thereon to lay connecting drains, sewerage, gas and water connections in the manner the City shall require from the line of curbing in front of their property on any street to the sewer, gas or water mains or pipes connecting them therewith; whenever the residents or owners of said property fail to comply with these requirements, same may be done by the said Street Committee, and such expense shall be assessed against the real property thus improved and connected in the same manner as is required when voluntary connections are made. 17. When work of any local improvement has been completed, the Street Committee shall direct the cost and expense thereof to be assessed by the City Engineer, and it shall be the duty of the said City Engineer to immediately assess the cost and expense, including surveying, legal expense, advertising, inspection and assessment of such local improvement, upon the property lying within the district of assessments as heretofore provided, separately assessing and stating the amount assessed for paving, sewer or sidewalk respectively, and also stating the amount to be paid by the City separately stating the amount for paving, sewer, sidewalks, or cross-walks. 18. He shall make an assessment roll and set the amount of the cost assessed for each of said improvements opposite the name of the person, firm, corporation, association and porperty assessed, which property shall be described by number of lot or otherwise, so that it may be located and identified. When completed said assessment roll shall be deposited in the office of the City Clerk shall give public notice of the completion of such improvement and of the assessment in a newspaper published in Troup County, Georgia, in which legal advertisements appear, for one week, and send written notice by mail to each person so assessed, addressed to his last known residence, that such assessment roll has been prepared and will remain at said

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office for ten days from the date of said notice, the Street Committee shall hear and consider any objection to said assessment and shall decide upon the same and shall if need be alter and correct said assessment roll, and when completed sign the same and file it with the Clerk. Within ten days after the assessment roll is completed, signed and filed any party thinking himself aggrieved may file with the City Clerk a written appeal therefrom, briefly stating the grounds of such appeal. The Street Committee shall thereupon proceed to hear and determine such appeal or appeals of the owner of the property assessed, hear evidence, and affirm or reverse the assessment and for such purpose may subpoena and compel the attendance of witnesses and the production of papers. In case of affirmance the proceedings thereafter to collect the said assessment shall remain the same as if no appeal had been taken, in case of reversal the Mayor and Council shall appoint three disinterested freeholders of the City who shall proceed in like manner and for such purposes be invested with the same power as the City Engineer to make a new assessment. They shall make their tax roll in the same manner and sign and file same with the City Clerk and it shall be conclusive upon all parties; such freeholders shall receive not more than Four Dollars per day for their services; to be paid by the City, unless the assessment of the appellants, as determined by such freeholders, shall be no less favorable to them than the assessment appealed from; in such case the cost of the appeal shall be paid by the appellant, and added to their assessment. If no appeal is taken from the first assessment roll filed with the City Clerk, or if an appeal is taken therefrom and such assessment is affirmed, the Mayor and Council shall approve the same and file the assessment with the City Clerk. If an appeal be taken from such first assessment and the same be reversed the Mayor and Council shall cause the proper order to be attached to the second assessment roll as made by such freeholders and

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to be delivered to the City Treasurer; thereupon the City Treasurer shall receive the payments for said local improvements for thirty days without fees. The Mayor and Council shall have the right to collect said assessment on delayed payment plan. The provisions of such section 10 requiring notice by publication and notice to each property owner shall apply when street paving, sidewalk paving, curbing, storm sewers, grading, sewers and water connections, and other municipal improvements on which assessments are or may be made. Assessments for street improvements. Section 56. Bonds; General Authority: Be it further enacted, by the authority aforesaid, That the governing authority of the City of Hogansville shall have general authority to perform all and any acts and do all things that may be necessary or required by law, in order to incur a bonded indebtedness on behalf of the City of Hogansville. Bonds, general authority. Section 57. Bonded Indebtedness, Powers, etc: Be it enacted, That the Mayor and Council of the City of Hogansville be, and they are hereby empowered and authorized to create a bonded debt for the purpose of constructing school houses, paving, or otherwise improving the Streets or roads of said City, or for such other public buildings, use and purposes, in any amount they may deem necessary in the way and manner as is now specified by law and to fix the denomination of said bonds, a maturity date at any time within thirty years after issue and to bear interest at a rate not to exceed six per cent per annum. To provide, at or before the incurring of said bonded intedbedness, for the assessment and collection of an annual tax sufficient to pay the principal and interest of said bonded debt, as the same fall due, and such portion as may be necessary be set apart as a sinking fund to pay said bonds at their maturity. The tax hereby authorized and levied shall be in addition to that levied in the general charter of said City for general purposes. Bonded indebtedness, powers, etc.

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Section 58. Vote; Two-Thirds Necessary for Bonds: Be it further enacted, That before the bonds herein provided for shall be issued, the assent of two-thirds of the qualified voters of the City of Hogansville shall be obtained in the manner now provided by law. Vote, two-thirds necessary for bonds. Section 59. Sale of Bonds: Be it further enacted, That so soon as the bonds to be issued under this Act shall have been signed by the Mayor and Clerk of Council of the City of Hogansville, and the corporate seal of said City attached thereto, they shall be kept safely by the Mayor and sold by him in the following manner: He shall advertise said bonds for sale to the highest bidder, for thirty days, in such newspapers and in such cities as he may think best for bids for said bonds, and the said bonds shall be sold to the highest and best bidders; provided, that in no event shall said bonds or any of them be sold for less than par. Sale of bonds. Section 60. Bonds: Be it further enacted, That said bonds herein authorized to be issued shall be sold as hereinafter provided, and the proceeds of said sale shall be used for schools, water-works, electric lights, sewerage and permanent improvements of the City of Hogansville; said bonds shall be executed by the official signatures of the Mayor and Clerk of the City of Hogansville and have affixed the corporate seal of said City. The coupons or interest warrants shall be signed by the Clerk of the City and each coupon or interest warrant shall indicate the bond to which it belongs. The Clerk of the Council shall keep a record of the numbers and denominations of all the bonds issued. Bonds. Section 61. Bonds; Payment Of: Be it further enacted, That said bonds, as they fall due, and the interest coupons or warrants upon said bonds shall be paid by the Clerk of the Council, by order of the Mayor of said City of Hogansville, on presentation at the office of said Clerk, when due,

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or at such agency as may be designated by ordinances passed before the issuance of said bonds. That the principal of said bonds, when they shall become due, and the coupons or interest warrants of the same, when they shall become due, shall be receivable by the City of Hogansville, in payment of all dues to the City of Hogansville, and said bonds shall not be taxable, directly or indirectly, by the City of Hogansville. Payment of bonds. Section 62. Bonds; Sinking Fund: The sinking fund for such bonds may be invested in bonds of said issue for which it is created, or bonds of similar nature and value, and such bonds shall then be treated and carried in lieu of such sinking fund, and may be sold when necessary for the payment as retirement of the then due bonds. Bonds, sinking fund. Section 63. Water, Lights, Sewerage, Gas, and Drainage: Be it further enacted, That the Mayor and Council of said City shall have full power and authority to establish, construct, purchase and maintain, or to permit any person, company or corporation to construct and maintain a public or private system of water works, system for the distribution of electricity, maintain a system of sewerage and drainage and pipe lines for the distribution of gas or such parts of such systems in said City, and around said City, for use, service, the health, cleanliness and comfort of its inhabitants and the said Mayor and Council shall have entire and absolute control and jurisdiction over all of said electric lines, poles, pipes, sewers and equipment used therewith, and over all water and gas pipes, private drains and sewers, water closets, privies and the like, in said City, with full power to prescribe the location, structure, uses and preservation, and to make such regulations concerning them, in all particulars as may be best for the preservation of the health, service to and well being of the inhabitants of said City, and with power also to require changes in, or the total discontinuance of, any of such contrivances or structures

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already in existence, or that may hereafter be installed or allowed. When any of said system of sewerage or drainage, of water, lights or gas shall be constructed by the said Mayor and Council, assessments may be made and executions may issue for the expense thereof under the same rules and governed by the same provisions as assessments and executions for paving, grading or improving streets under this charter; and said assessment shall be a lien on the property so assessed, as provided in this Act for paving streets, and all the provisions in this charter in reference to making and enforcing assessments in paving streets and the amounts thereof, shall apply in so far as they are applicable to constructing and maintaining a system of water works, lights, gas and sewerage, and may be enforced and carried out by the Mayor and Council by appropriate ordinances, provided however that neither of said systems shall be sold or disposed of nor shall any franchise for such be granted to any person, firm or corporation except on referendum to the voters of the city and then only when approved by at least two-thirds of the qualified voters of said city. Water, lights, sewerage, gas and drainage. Section 64. Right of Ways: Be it further enacted, That in case of any sewer line or lines or the system for the distribution of water, lights, power and gas shall be located upon or through private property and the owner of said property refuses to grant right of way for that purpose and such owner and the authorities of said City can not agree upon the value of the lands taken, the easement required or the damage which may be done, then and in such event the Mayor and Council of said City shall have full right, power and authority to condemn and appropriate such lands, right of way and easement necessary therefor, either within or without the limits of said City in the way and manner as is provided by the laws of the State of Georgia. In such event assessors shall be appointed, as is provided

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by law, to assess the value and/or damages to said property and the assessors thus appointed shall give such notice as is required by law and shall make their award in the same way and manner as is provided for condemnation for right of way, for roads and streets, and subject to the same restrictions, rules and regulations as are imposed by law of Georgia. When award has been made by the assessors, upon payment or tender of the amount thereof, the work may proceed notwithstanding that an appeal may be entered. Rights of way. Section 65. Ordinance to Govern Water, Lights, Sewers Drainage, etc: Be it further enacted, That the said Mayor and Council may provide by ordinance for the execution of the provisions of these sections regarding a system of sewers, drainage and sanitation, water, lights, and gas, as they may deem best for the City. Ordinance to govern water, lights, sewers, drainage. Section 66. Water, Electricity, Gas, Regulation: 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 Mayor and Council of the City of Hogansville, in the County of Troup shall have full power and authority to purchase, establish, maintain, and/or continue with a system of water works and a system for the distribution of electricity and all pipe lines for the distribution of gas, for said City, and to that end shall have full power and authority to acquire by purchase or condemnation all necessary lands, easements, water supplies and franchises, whether within or without the City of Hogansville. Water, electricity, gas regulation. Section 67. Water, Electricity, Gas, General: Be it further enacted by the authority aforesaid, that in the event that the said Mayor and Council of said City can not procure by purchase the necessary land, easements, right of way, and franchises necessary for the construction of said

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system of water works, system for the distribution of electricity and all pipe lines for the distribution of gas, then said Mayor and Council of said City shall have the right to exercise the power of eminent domain and to condemn such land, easements, right of way and franchise in accordance with the provisions of the laws of this State, whether such lands, easements, right of way, water ways and franchises be situated within or without the City of Hogansville. Water, electricity, gas, general. Section 68. Water, Electricity, and Gas: Be it further enacted by the authority aforesaid, That the said City of Hogansville shall have the right, easement and franchise of laying the necessary mains, pipes, conduits, and drains for water works purposes, wires, poles, gas pipes, and/or sewer lines along and on right of way of the highways in the County of Troup without cost, and shall have full power and authority to enact and enforce such rules, regulations and ordinances as may be necessary to protect the water basin and water shed, from which the water supply is taken from contamination and to protect the water, light, sewerage and gas systems including the mains, pipes, and poles, wires, and conduits, whether same may be situated within the corporate limits of said City or not, and to otherwise by ordinance protect and control said systems and properties as may be necessary. Water, electricity and gas. Section 69. Water, Sewerage, Electricity, Bonds: Be it further enacted by the authority aforesaid, That the said Mayor and Council of the City of Hogansville, are hereby authorized and empowered to order and have held an election by the qualified voters of said City, at such time as said Mayor and Council may designate, to determine whether or not bonds shall be issued by said City of Hogansville, same to be sold for the purpose of purchasing, establishing, building, extending, operating, maintaining, or repairing the water works, sewerage, electricity and gas systems of said City. If said election shall be in favor of the

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bonds the Mayor and Council of said City shall be authorized to issue the bonds of said City, bearing interest at not exceeding the rate of six percent per annum, payable semiannually on January 1st and July 1st of each year at Hogansville, Georgia or at any bank in New York City. Water, sewerage, electricity, bonds. Section 70. Control of Sewers, Lights, Water Systems: Be it further enacted, That said Mayor and Council shall have entire control for said sewers, water system, electricity system, and gas system and generally of all matters in connection therewith; they shall control connections therewith and may compel sewer connections when in their judgment the good of said City demands it; they may cause said connections to be made when the owners refuse, and issue executions to be made for the amount so expended, which executions shall be special liens on the property connected with said sewerage systems from the date of the order of connection. Control of sewers, lights, water system. Section 70A. Said Mayor and Council may take and carry insurance, fire, damage, and group insurance for officers and employees and contribute thereto. Insurance. Section 71. Water-Closets on Improved Property: Be it further enacted, That said Mayor and Council, shall have full power and authority to require the owner or any improved property in said City to provide suitable sanitary privy or water-closet accommodations upon such improved premises; whenever in their judgment and in the opinion of the City physician such improvements are necessary to preserve the health or to protect the sanitary interests of the citizens of any neighborhood within said City,and to this end may require installation of water and sewerage connections when required for health or cleanliness of the citizens, and to assess the cost therefor as is provided for municipal improvements. The Mayor and Council are authorized to

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enforce the provisions of this section by appropriate ordinances. Water closets on improved property. Section 72. Assessments for Sanitary Purposes: Be it further enacted, That the Mayor and Council shall have full power and authority to make an assessment on the various lots of land and lot owners in said City for sanitary purposes, and said Mayor and Council are hereby empowered to collect the same by execution against the lots so assessed and the owners thereof; the amount so assessed shall be a lien on the lot from the date of the assessment. The execution shall be issued and enforced in the same manner that tax executions are issued and enforced in said City. The amount so collected shall be used for sanitary purposes only. The said Mayor and Council shall have power and authority to prescribe what shall constitute a lot for sanitary purposes and assessments; provided no residence lot shall be less than twenty-five feet front and no business lot less than ten feet front; provided further, the assessment made under this section shall not be made on vacant lots, and residence lots shall not be sub-divided for assessment. Assessments for sanitary purposes. Section 72A. Police Jurisdiction Extended: Be it further enacted that the marshal and police of the City of Hogansville shall have the right, power and authority to exercise the same police supervision and control as is provided in this and previous charters of said City, for the enforcement of law and preservation of order for a distance of one mile from the city limits of Hogansville, Ga., over all territory embraced within one mile thereof, and that the Recorder's Court shall have the right to try and punish the violators of any ordinance of the City of Hogansville, occurring within the said extended area which is made effective within the extended police jurisdiction or which is made to regulate such, and to punish for the violation of such laws and ordinances by inflicting such punishment as may be provided therein; and shall have such other rights as are necessarily

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incident to the enforcement of law, preservation of health, good morals and peace within this extended area, as is granted in this and previous charters of the city of Hogansville. Police jurisdiction extended Section 73. Hogansville School System: The Hogansville School System shall be and remain as now provided by the laws incorporating the same and the school system shall, through its Commissioners and/or Board of Education exercise and have all of the rights, powers and authority previously conferred upon it, by the Constitution and Laws of Georgia, and the Acts providing therefor, and shall, in like manner be subject to all the responsibilities, restrictions and liabilities as are imposed by law. The Acts providing for the election of School Commissioners, terms of office, duties and liabilities, and regulating and incorporating said school system is in no way changed, except as in this charter provided. Hogansville school system. Section 74. Transfer of Funds: Be it further enacted, That from and after the passage of this Act the Mayor and Council of the City of Hogansville shall be empowered to transfer any funds of said City, not already set aside for use for any other specific purpose, to the school funds of the City of Hogansville, to be used by the school authorities of the City of Hogansville for school purposes. Transfer of funds. Section 75. Use of Taxes for Schools: Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that on, after, and from the passage of this Act, that the Mayor and Council may in their discretion by proper corporate action, set aside and use for school purposes any and all special taxes and license fees collected by the City of Hogansville, and shall levy a fixed tax, as heretofore provided, for the support and maintenance of said school. Use of taxes for schools.

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Section 76. Powers Which May Be Granted to Board of Education, etc. Be it further enacted, That the Mayor and Council shall have the full right to delegate to the School Commissioners and/or the Board of Education of Hogansville the right and authority to supervise the construction and equipping of all school buildings and improvements incident thereto, which may be constructed with funds belonging to the City or provided through bond issues. Powers granted to board of education. Section 77. Bonds for School-Houses, etc: Be it further enacted, That the Mayor and Council of the City of Hogansville shall have the authority and be empowered to issue bonds from time to time for the building of school houses, or alteration of same, and to build a school auditorium, and to equip the same, and for other public use or purpose of said municipality, in any amount they deem proper; provided that in the issuance of any bonds for any purpose that the same shall not exceed the constitutional limitations. Bonds for school-houses. Section 78. Powers Re. Schools: Be it further enacted, That the Mayor and Council of the City of Hogansville shall have the right to appoint a committee, or to employ a supervisor, engineer or architect to supervise and direct the construction of any and all school buildings constructed with City funds or funds provided through bond issues, and the Mayor and Council shall have the right to limit and direct the amounts expended therefor; and shall have the right to require the school commissioners and/or the Board of Education of Hogansville to conform to, obey and carry out such directions as may be given in such matter by the Mayor and Council of said City, its committee and/or supervisor, engineer or architect, and to with-hold payment therefor until such directions and instructions are complied with; and said Mayor and Council shall have the full right and authority in the way and manner aforesaid to require reports showing that said funds are being properly expended. Powers Re. schools.

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Section 79. No Liability on Part of City, etc: Be it further enacted, That the Mayor and Council and/or the City of Hogansville shall not, in any way or manner, be liable for any contract or obligation which may be made by the Commissioners of the Hogansville School System and/or the Board of Education of said City. City not liable. Section 80. Co-Operate With Governmental Departments: Be it further enacted, That the City of Hogansville shall have the express right, power and authority to co-operate with any Department of the County, State or Federal Government in making of public improvements and doing the things which contribute to the health, morals, comfort and general welfare of the citizens of Hogansville, and for this purpose may expend such public funds as is necessary to effectuate said purpose. Co-operate with government departments. Section 81. Unlawful Personal Interest in City Contracts: Be it further enacted, that no officer of the city shall have any interest in any contract, either directly or indirectly to which the City is a party, neither shall any member of the Council be allowed to vote upon any question that he has any personal interest in whatever, but this section shall not be construed to prevent the Council from voting a member reasonable compensation for extra services performed, or expense incurred by him in performing the duties required of him as a member of the Council. Unlawful personal interest in city contracts. Section 82. Authority to Exempt Property From Taxation: Be it further enacted, That the Mayor and Council shall have the right, power and authority to exempt any real or personal property from taxation, under such terms, restrictions and conditions as may be to the best interest of the City, and not inconsistent with the laws of the State, and may exempt property, real or personal, of persons, firms or corporations, in order to induce such persons, firms or corporations to locate new industries in said City, and

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shall have the right to fix the terms and conditions on which the same may be exempted and to enact such Ordinances as may be necessary to accomplish such purpose. Authority to exempt property from taxation. Section 83. Bonds, Failure to Carry, New Election: Be it further enacted by the authority aforesaid, that if the election provided for shall be against the issue of bonds that said Mayor and Council of said City may at any time after the expiration of six months from the of the first election, order another election under the provisions of this Act. Bonds, failure to carry, new election. Section 84. Sabbath-Day Regulations: Be it further enacted, That the Mayor and Council shall have power and authority to prevent or regulate the carrying on on the Sabbath day of all business of whatever nature in any manner they may see fit not contrary to the laws of this State; to prohibit all games and amusements, within the city limits, not consistent with the proper observance of the Sabbath day. Sabbath day regulations. Section 85. Authorized to Sell Lights, Water and Gas Outside of City: The city of Hogansville is authorized and empowered to sell and furnish water, gas, lights, sewerage, and power, and any other utilities service outside of the corporate limits of said City; and to make contracts therefor for such term of years as the Mayor and Council of said City shall determine the best for said City. Authorized to sell lights, water and gas outside city. Section 86. Extension of Sewerage Beyond City Limits: Be it further enacted, That for the purpose of the preservation of the health, comfort and happiness of the people, and of the inhabitants of said City the Mayor and Council are empowered to extend their system of sewerage, light, water and gas, beyond the limits of the City, and the provisions as to the construction of and maintenance of such systems and the taking of property therefor shall apply to the territory outside the limits of said City, the same as

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within the city, as may be necessary for the construction of said systems, and shall have the right to obtain by purchase, gift or condemnation, such right of ways and easements as may be necessary for that purpose as is provided in this, and previous charter of the City. Extension of sewerage beyond city limits. Section 87. Be it further enacted, all rights, powers and authority previously granted to the City with reference to the system of water works, sewerage, electric lights, and power and gas shall be and remain of force unless in conflict with the terms of this charter. Section 88. Firearms, Explosives, etc: Be it further enacted, That the Mayor and Council shall have power and authority to prevent or regulate the use of firearms, fireworks or other dangerous annoyances or explosives used in sports, or otherwise, in said city except in defense of person or property. Firearms, explosives, etc. Section 89. Explosives: The Mayor and Council of said City shall have the right to regulate the keeping of explosives, gasoline, kerosene, turpentine and other businesses that are or may become dangerous or offensive to the citizens or property in said city. Explosives. Section 90. Fire Prevention: That Mayor and Council shall have the right, power and authority to prescribe the kinds of materials to be used in buildings within or without fire limits; to fix regulations guarding against damage by fire; shall have the power to prohibit, within said fire limits, the use of any building for any purpose that is classed as a hazard or is hazardous; to prohibit the building or repairing of any building within the city limits with any material other than that prescribed; to require permits for all buildings or repairs within the fire limits and elsewhere within the limits of the city; to tear away and remove, or cause same to be removed at the expense of the owner, any building constructed or repaired contrary to the provisions of

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this Section and by Ordinances enacted in support hereof, except such as were built or repaired previous to the approval of this Act. Fire prevention. They shall have power to condemn all dangerous or unsafe structures in said City and to remove or cause same to be removed, at the expense of the owner, after due notice to him. Any and all expense incurred by the City in carrying out the provisions of this Section shall be imposed by execution issued in the same manner, levied and collected as an execution for taxes and in addition thereto the owner or owners, agents, employees, or contractors of said building or buildings who violate the terms of this Section or any Ordinance enacted on authority of same may be tried, and upon conviction punished as for the violation of Section 91. Fire District: Be it further enacted, That said Mayor and Council may enact any and all Ordinances, rules and regulations necessary to lay out a fire district in said City, and enlarge, change or modify its limits from time to time; to prescribe when, how and of what material buildings in said limits may be erected or covered, how thick the walls must be, and how chimneys, stove pipes and flues are to be constructed, and generally to do all such things as they may deem necessary to protect said City, so far as possible, from danger from fire, and to prevent the spread of fire from one building to another. They shall also have 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 become so, and make the owner of the premises pay expenses of such change, which, if done by the City, may be collected as taxes are now collected. And if any person, firm or corporation shall erect any building which is not in accordance with the laws and ordinances of said City, said Mayor and Council may order such building removed, and if such person, firm or corporation shall not

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remove such building after notice to do so, the Mayor and Council shall have authority and power to remove the same at the expense of the owner, which expense may be collected by execution. Fire district. Section 92. Sale of Liquors: Be it further enacted, That said Mayor and Council, shall in the exercise of their police powers have full power and authority to pass such Ordinances as they may think proper to more effectually prohibit the illegal sale or possession of spirituous, vinous, malt or intoxicating liquors within the corporate limits of the City of Hogansville. 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 in said city which there is reasonable cause to believe, a blind tiger, or as place where spirituous, vinous, malt, or intoxicating liquors are sold, and to seize the stock of such liquor and apparatus for selling the same. And said Mayor and Council shall have full power and authority to abate as a nuisance any such place in said City, and upon conviction of any person for maintaining such a nuisance, as above stated, and as a penalty for the same, said Mayor and Council, or said Mayor shall have full power and authority to cause the Marshal and policemen of said city to seize and destroy the stock of liquors of such persons, and apparatus for selling the same, and to otherwise punish the offender or offenders as may be prescribed by ordinances. Said Mayor and Council shall have full power and authority, by appropriate ordinances, to carry into effect and enforce the provisions of this section. Sale of liquors. Section 93. Zoning Law: Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Mayor and Councilmen of the City of Hogansville may, in the interest of public health, safety, order, convenience, comfort, prosperity, or general welfare, adopt by ordinance a plan or

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plans for the 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 and location of the buildings, fences 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 Councilmen of said City shall deem best to accomplish the purposes of the zoning regulations; in the determination and establishment of districts and regulations, classifications may be based on the nature or character of the trade, industry, profession, or other activity conducted or to be conducted upon the premises; the number of persons, families, or other group units to reside in or use said buildings; the public, quasi-public, or private nature of the use of the premises; or upon any other basis or bases relevant to the promotion of the public health, safety order, morals, convenience, happiness, prosperity or welfare, and to enact any ordinances necessary to effectually carry out this section. Zoning law. Section 94. Cemetery: The Mayor and Council of the City shall have the power and authority to own, acquire and control property in or near said City for a cemetery, and to regulate and control interments therein and to punish any and all persons injuring or destroying the property or shrubbery therein, and to enact such Ordinance as may be necessary to properly regulate, protect and control the same. Cemetery. Section 95. Board of Health. Be it further enacted, That the Mayor and Council, in their discretion, may by ordinance provide for a Board of Health, to consist of such number, to hold office for such length of time, and to have such powers and duties and to receive such compensation,

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if any as the Mayor and Council may be Ordinance provide. The chairman of the Committee on Sanitary Affairs of the Council shall be ex officio a member of the Board of Health. It shall be the duty of said Board of Health to meet as often as may be necessary, or as the Mayor and Council may by Ordinance prescribe, and to visit every part of the City, and to report to the Mayor and Council all nuisances which are likely to endanger the health of the City or neighborhood. Said Mayor and Council shall have power, upon the report of said Board of Health, to cause such nuisances to be abated, and the recommendation of said board to be carried out in a summary manner, at the expense of the party whose acts or negligence caused such nuisance, or of the owner of the property upon which the same may be located, as the Mayor and Council may elect. An execution may be issued against such party to collect the expenses of removing such nuisances, which may be collected by the marshal by levy and sale as tax executions are collected, and if necessary to employ a City physician, if in the opinion of the Mayor and Council it is to the best interest of the City at such salary as is proper. Board of health. Section 96. Vacancies on Board of Health: Be it further enacted, that the Mayor and Council shall have full power and authority to fill vacancies that may occur in said Board of Health; that this Act may be plead as, and shall be, a complete bar to any action brought against the Mayor and Council, or either of them, for any act done under its provisions and the ordinance passed in pursuance of it. Vacancies on health board. Section 97. Health Ordinances, Enforcement: Any ordinance necessary for the successful carrying out of this Ordinance may be enacted, provided it is not in conflict with the Constitution and Laws of Georgia. Health ordinances. Section 98. Nuisances: Be it further enacted, That said Mayor and Council may be ordinance declare what shall be

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nuisances in said City, and provide for the abeyance of the same. The Recorder's Court of said City of Hogansville shall have concurrent jurisdiction with the Mayor and Council of said City in respect to the trial and abeyance of nuisances in said City of Hogansville. Nuisances. Section 99. Nuisances, Removal. Be it further enacted That the Mayor and Council of said City shall have the power and authority to remove or cause to be removed at the expense of the owner thereof, all buildings, porches, steps, fences or other obstructions or nuisances in or near the public streets, and to abate any and all nuisances located anywhere in said City, and to punish anyone guilty of maintaining or carrying on such. Nuisances, Removal. Section 100. Municipal Powers: Be it further enacted, that said Mayor and Council shall have full power and authority by ordinance, to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to protect places of divine worship in and about the premises where held; to regulate the keeping of gunpowder, dynamite and other combustibles; to provide in or near said city places for the burial of the dead, and regulate the interment therein, may act as trustees under any conveyance or will giving money or property for charitable purposes; to provide for the drainage of lots in said city by proper drains, sewers or ditches; to make regulations guarding against danger or damage by fire; to exempt the officers and employees of the city from street tax; to protect the person or property of the citizens of said city; to regulate and control public meetings and public speaking in the streets of Hogansville; to contribute and support any work for the physical and moral uplift and benefit of the people of this city to prevent the obstruction of the streets of said city, or gathering of disorderly crowds in said streets; to own lease and maintain airports and landing fields and anything necessary thereto, and to supervise and control it

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whether inside or outside of the city limits; and to enforce the provisions of these rights by appropriate ordinances and to do any and all other things incident thereto, not contrary to the Constitution and laws of the State of Georgia. Municipal powers. Section 101. Municipal Offices: Be it further enacted, that the Mayor and Council may create or abolish, at their discretion, such other offices as they may deem necessary and elect officers to fill them, and may prescribe the duties and pay of such officers under such regulations as they may ordain, and such offices may be abolished or the officers be removed therefrom whenever the Mayor and Council may deem such to the best interest of the City. Municipal offices. Section 102. Officers, Supervision Of: Be it further enacted That the Mayor and Council shall be empowered and authorized through a committee, or by themselves, in the discretion of said Mayor and Council, whenever necessary, to examine into the working of the business of any office, or employee of the City and the Mayor and Council conducting said examination, shall have power to subpoena persons or compel the attendance of persons summoned, swear witnesses, compel the production of books and papers, and to force such disclosures as are pertinent to such investigation. Officers. Section 103. Removal From Office: Be it further enacted that the Mayor and Council and members of council, clerk, marshal, or any policemen may be removed from office on conviction before the Council of neglect of duty, incompetency, insubordination or malpractice in office. They shall also be liable to the same penalties as other individuals for violation of any of the ordinances of said city. The marshal or police may be suspended by the Mayor for neglect of duty or conduct unbecoming an officer. They shall also be liable to the same penalties as other individuals for violation of any of the ordinances of said City. The marshal or

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police may be suspended by the Mayor for neglect of duty or conduct unbecoming an officer. Such term of suspension shall not exceed fifteen days unless approved by the council at their first meeting after such suspension, and while under suspension his salary shall cease. Removal from office. Section 104. Fees: Be it further enacted, that the Mayor and Council shall have full power and authority to establish a fee-bill for the officers of said city, such fees, when collected, to be paid into the city treasury and that until, and unless, changed by Ordinance the same fees shall be charged and collected by the officers in so far as applicable, as is now provided for Justices of the Peace and Constables in this State. Fees. Section 105. Contracts: Be it further enacted, That no person, holding any office in the City of Hogansville, shall, during the time for which he was elected or appointed, be capable of contracting with said corporation, or its duly constituted officers, 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. Contracts. Section 106. Claims Against City to Be Presented in 12 Months: Be it further enacted, that all unliquidated claims against said City of Hogansville shall be presented within twelve months after they accrue or become payable, or the same are barred, unless held by minors or other person laboring under disabilities, who are allowed twelve months after the removal of such disability. Claims to be presented within 12 months. Section 107. Stock Running at Large: Be it further enacted, that said Mayor and Council shall have power to take up and impound any horses, mules, hogs, cows, or other animals running at large in said city; also to levy a tax on each dog in said city running at large, not to exceed

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one dollar a year, and to make and enforce all ordinances which they may deed necessary and proper for the regulation and control of all such animals in said City, and to enforce the provisions of this section. Stock running at large. Section 108. Speed of Vehicles and Trains: Be it further enacted, That the Mayor and Council of the City of Hogansville shall have power and authority to regulate the speed of automobiles and vehicles of all kinds and the speed of trains within the limits of the City of Hogansville. Speed of vehicles and trains. Section 109. Boards: Be it further enacted, that the Mayor and Council shall have the power and authority to establish, appoint and maintain such boards and committees as in their judgment the needs of the city require. Boards. Section 110. Assessments for Improvements: Be it further enacted, that the Mayor and Council of the City of Hogansville shall have power and authority to assess any citizen of the City of Hogansville and/or any property in said city for any municipal improvement, changes, alterations, or project, and to fix the amount of such assessment, and to determine what amount is to be paid and by whom the same is to be paid; to provide by ordinance for the enforcement of the payment of same by the issuance of an execution, levy and sale or by other means necessary, provided however that before such change, improvements, alterations or project be undertaken and/or assessments made therefor that such change shall be approved by the owners of the majority of the foot frontage affected. Assessments for improvements. Section 111. Laws Not Repealed: Be it further enacted, that the provisions of this Act shall not be construed to alter, amend, repeal, or modify any existing laws in reference to bonds, sewerage, water, lights or public school system of said City except as provided in this Act. That all laws and ordinances now in force in said City, not in conflict with this Act, shall remain in full force and effect. Laws not repealed.

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Section 112. Provisions of Charter Severable: The provisions of this charter are severable, and if any part thereof shall be held contrary to the Constitution or the laws of Georgia, the same shall not affect the remaining parts thereof. Provisions of charter severable. Section 113. Referendum: Before the provisions of this Charter shall become effective, the Mayor and Council of said City shall hold an election at such time as the governing authorities may determine, after giving thirty days notice thereof by publication of said notice one time each week for four consecutive weeks in a newspaper published in said City, or if no newspaper is published in said City, then for the time and in the manner above fixed in the official organ of Troup County, Georgia, in which Sheriff's sales are published. Said notice shall briefly state the purpose of the election, the time, place and hours of holding the same. The rules and laws now governing municipal elections shall govern. When the election has been held and a majority of the qualified voters voting shall have voted in favor of such adoption, and after the election managers have duly certified the results of such election to the governing body, said Mayor and Council of the City of Hogansville shall, by proper ordinance and resolution, declare the result thereof and that the said Charter is adopted, and shall direct that such ordinance and resolution be entered on the minutes of the City and the said charter shall be of full force and effect. Should said election not be in favor of adoption, in such event, may be re-submitted, after six months of said election, to the qualified voters of said City, subject to the same rules, regulations, requirements and restrictions, as are above set out. Referendum. Section 114. Repeal: Be it further enacted, That all provisions of former acts of the General Assembly of the State of Georgia, incorporating the City of Hogansville, and now constituting the present charter of said City, which are at

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variance, or in conflict with the provisions of this Act, are hereby expressly repealed, and all provisions of said Acts not expressly repealed are retained and shall continue of full force and effect; the provisions of this Act shall become operative when the same is passed by the General Assembly of Georgia and approved by the Governor of said State; be it further enacted, that all laws and parts of laws in conflict with this act be and the same are hereby repealed. Repeal. Approved March 12, 1941. JEFFERSON ELECTIONS AND TERMS. No. 72. An Act to amend an Act approved December 12, 1899, entitled An Act to incorporate the City of Jefferson in the County of Jackson and prescribed its limits, etc., (Georgia Laws 1899, pp. 214 to 232 inclusive), by amending Section 3 of said Act (page 215) by striking therefrom, in lines 8 and 9 of said Section, the words said mayor to be ineligible for a second term, but eligible again thereafter, and inserting in lieu of said words the following words, to-wit: said mayor to be eligible for election for a second term, but ineligible again thereafter until one term of office has intervened; by providing that candidates for the office of Mayor and Alderman of said City register with the City Clerk thirty (30) days prior to the date of said election; by providing that said list of the names of qualified candidates be furnished by said City Clerk to the local newspaper to be published in the first issue of said paper after the thirty day period is fixed for qualifying for said office; 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 the Act approved December 12, 1899, entitled An Act to incorporate the city of Jefferson, in the county of Jackson, and prescribe its limits; etc., (Georgia Laws 1899, pp. 214-232 inclusive) be and the same is hereby amended, by amending Section 3 of said Act by striking therefrom, in lines 8 and 9 of said Section, the words said mayor to be ineligible for a second term, but eligible again thereafter, and by inserting in lieu of said words the following words, to-wit: said mayor to be eligible for election for a second term, but ineligible again thereafter until one term of office has intervened; and by adding at the end of said Section 3 the following: Candidates for the office of Mayor and Aldermen shall register with the City Clerk thirty (30) days prior to the date of said election, and a list of the names of the qualified candidates shall be furnished by said City Clerk to the local newspaper to be published in the first issues of said paper after the thirty day period is fixed for qualifying for said offices. So that said Section 3, as amended, will read as follows: Act of 1899 amended. Section 3. Be it enacted by the authority aforesaid, That an election shall be held at the courthouse in the City of Jefferson, on the second Monday in December annually. On the second Monday in December, 1900, a mayor and five aldermen shall be elected, the mayor and two aldermen for two years, the two aldermen elected for two years to be so designated on the tickets voted, and three aldermen for one year, the three aldermen elected for one year to be so designated on the tickets voted. (Said mayor to be eligible for election for a second term, but ineligible again thereafter until one term of office has intervened.) On the second Monday in December, 1901, and every two years thereafter, three aldermen shall be elected to serve for two years, and until their successors are elected and qualified, and on the second Monday in December, 1902, and every two years thereafter, a mayor and two aldermen shall be elected to serve for two years and until their successors are elected

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and qualified. The mayor and two aldermen elected for two years at said first election shall serve for two years from time of their installation, and until their successors are elected and qualified. Candidates for the office of mayor and aldermen shall register with the City Clerk thirty (30) days prior to the date of said election; and a list of the names of the qualified candidates shall be furnished by said City Clerk to the local newspaper, to be published in the first issue of said paper after the thirty day period is fixed for qualifying for said offices. Election and terms. Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 24, 1941. JESUP CHARTER AMENDMENTS. No. 330. An Act to amend Act of the Legislature of Georgia, approved December 16, 1937, and to be found in the published volume of Georgia Laws 1937-8, pages 1142 through 1203, and entitled An Act to incorporate and create a new charter for the City of Jesup, in Wayne County, Georgia; to prescribe the rights, powers, government and jurisdiction of said city; to fix the corporate limits of said city; to confer extraterritorial jurisdiction upon said city; to provide that no valid and existing ordinance nor contract made nor right acquired of its predecessor corporation shall be affected by this Act; and for other purposes, by adding to Section 42 of said Act, the words: Provided, however, that this section does not apply and shall not apply to lands in said City of Jesup identified on the official map thereof as Lots Numbers 174, 175, 182 and 183, and that each and all or any part

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of said lots may be sold, and any contract of sale in relation thereof may be consummated, and without the necessity of an election. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that an Act approved December 16, 1937 (Georgia Laws 1937-8, pages 1142 through 1203), entitled An Act to incorporate and create a new charter for the City of Jesup, in Wayne County, Georgia, etc., be and the same is hereby amended by adding to Section 42 of said Act, the words: Provided, however, that this section does not apply and shall not apply to lands in said City of Jesup identified on the official map thereof as Lots Numbers 174, 175, 182 and 183, and that each and all or any part of said lots may be sold, and any contract of sale in relation thereto may be consummated, and without the necessity of an election. Act of 1937 amended. Certain lands excluded. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1941. JONESBORO CHARTER AMENDMENTS. No. 51. An Act to amend an Act, to consolidated and supercede the several acts, incorporating the City of Jonesboro and Acts amendatory thereof, in the County of Clayton, State of Georgia; to create a new charter and municipal Government for said corporation; to declare the rights and powers of the same; to provide power and authority to condemn private property for public purposes; to provide for issuing bonds for public improvements; to provide for street and paving assessments; to provide for calling bond elections; and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same that Section 23 of said Act be amended by adding the following paragraph at the end of said Section: Provided further, that the mayor and council of said City of Jonesboro shall have full power and authority to condemn private property for any public purpose such as establishing public streets, sidewalks, parks, and play grounds; for right of way for any electric, water supply, gas or sewer line or sewage disposal plant, for sites for building or enlarging of any public buildings, reservoir or structure necessary for the operation and conduct of a fire department, water supply, electric and power plant, gas works or system, sewage system, including lines and disposal plants and any other department of said town; and for other public use whatsoever, whenever the same is necessary in their opinion. Whenever the mayor and council shall desire to exercise power and authority to condemn property as granted and contained herein, said power and authority shall be exercised, whether the land sought to be condemned is in the hands of the owner or trustee, 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 as contained in the Georgia Code of 1933, Section 36-301, et seq., so that when Section 23 is amended it shall read as follows: Section 23Be it further enacted by the authority aforesaid, that said mayor and council shall have the power and authority to widen, extend or straighten any street or alley in said city and to open, lay out and establish any new street, alley or walk, same being done in accordance with resolutions or ordinances passed by said city council. After ten days notice to the party at interest, said mayor and city council may cause all encroachments or obstructions of a permanent or temporary nature or which in

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the judgment of said mayor and council ought not to be allowed along or upon any street, alley or walk in said city to be removed. Authority to widen streets. Provided further, that the mayor and council of said City of Jonesboro shall have full power and authority to condemn private property for any public purpose such as establishing public streets, sidewalks, parks, and play grounds; for right of way for any electric, water supply, gas or sewer line or sewage disposal plants, for sites for building or enlarging of any public buildings, reservoir or structure necessary for the operation and conduct of a fire department, water supply, electric and power plant, gas works or system, sewage system, including lines and disposal plants, and any other department of said town; and for other public use whatsoever, whenever the same is necessary in their opinion. Whenever the mayor and council shall desire to exercise power and authority to condemn property as granted and contained herein, said power and authority shall be exercised whether the land sought to be condemned is in the hands of the owner or trustee, 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 as contained in the Georgia Code of 1933, Section 36-301, et. seq. Authority to condemn private property. Section 2. Be it further enacted that said Act be amended and the same is hereby amended by adding new sections after Section 23 to be known as Section 23A, 23B, 23C. Section 23ABe it further enacted that the mayor and council of said town shall have the power and authority to contract debts and issue bonds for said town as a valid obligation thereof, under and in accordance with the limitations provided in the Constitution and the laws of said town for the purpose of refunding valid existing debts, establishing, improving and maintaining a water supply system establishing

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improving and maintaining a sewage system, a system of lights, for electric power and other public services 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 of the citizens thereof or for any other lawful purpose. Section 23BBe it further enacted by the authority aforesaid that said city authorities shall have power and authority to issue bonds of said city in sums and at such times as they may see proper, within the limits provided by the Constitution of this State, and of such denominations and in such amounts as they may see fit, said bonds not to bear interest in excess of 6 per cent per annum, and not to run for a period longer than 30 years from the date of issue, but may bear a less rate of interest and run for a shorter period of time from the date of issue in the discretion of the said city authorities. Said bonds to be issued, hypothecated and sold for the purpose of establishing, maintaining, extending, and operating a system of water works, a system of sanitary sewage, 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, hospital and drainage. Said bonds shall be signed by the mayor of said city and countersigned by the clerk under the corporate seal of the City of Jonesboro and shall be negotiated in the same manner as the city authorities 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 the City at an election held for that purpose under and in conformity with the laws of this state governing the issuance of bonds by a municipal corporation. Section 23CBe it further enacted by the authority aforesaid, that said authorities of said city shall have power and authority to order an election at any time they may deem proper to determine the

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issuing of bonds in accordance with the rules governing general elections in said city at such time or times as said city authorities may deem proper for the purpose of issuing bonds in accordance for public improvements as set out and designated in this Act. And said city authorities shall provide how the public debt of said city may be paid and shall constitute a sinking fund for that purpose. Authority to contract debts and issue bonds. Authority to call elections. Section 3. Be it further enacted by the authority aforesaid, that Section 24 of said Act be amended and the same is hereby amended by adding at the end of said Section the following words: Be it further provided that the above power and authority to assess and levy sidewalk assessments shall include the right to assess and levy assessments for the grading, paving, macadamizing, draining or otherwise improving the streets of said city as well as the sidewalks thereof, so that said section when amended shall read as follows: Section 24Be it further enacted by the authority aforesaid, that the mayor and city council shall have power and authority, in their discretion, to grade, macadamize, drain or otherwise improve the sidewalks of said city. In order to carry into effect the authority above delegated, the city council shall have power and authority to assess not more than three-fourths of the cost of paving and otherwise improving the sidewalks on the real estate abutting on the side of the sidewalk so improved, and on any railroad having tracks running in and over along and across the streets and walks of said city shall have to pave, macadamize or otherwise improve said streets, alleys or walks of said city, also their road beds and right-of-way and in proportion as the city council may prescribe. Said city council shall have full power and authority to adopt by ordinance such a system of equalizing assessments on real estate for the above purpose for the amount above set forth as may be just and proper, estimating the total cost by each improvement made and prorating the cost thereof on real estate according to

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its frontage on the sidewalk, streets, walks and parks, either or all so improved or according to the area of value of said property as may be determined by said ordinance. That the amount of assessment on each piece or realty shall be a lien thereon from the date of passage of the ordinance providing for the work and making the assessment. The city council shall have full power and authority to enfore collection for the amount of any assessment so made for work upon the sidewalks, streets and parks by execution issued by the city clerk against the owner at the date of the ordinance making such assessment, which execution may be levied by the chief of police, marshal, other collecting officers or their deputies, on such real estate, after advertising as provided now for sheriff's sales in this state, the same shall be sold to the higgest bidder. Such sale shall vest absolute title in the purchaser. Said chief of police, marshal or other collecting officer shall have authority to eject occupant and put purchaser in possession; provided, the owner of said real estate shall have the right to file affidavid denying the whole or any part of the amount for which execution is issued and stating the amount which he admits to be due which amount admitted to be due, together with all costs, shall be paid before the affidavit shall be received, the affidavit shall be returned to the Superior Court of Clayton County, and there tried and issue determined, as in cases of illegality, subject to the penalty where the illegality is filed for delay, the city shall have authority to pave and contract to pave the whole surface of the sidewalks and streets and alleys, the option of having the space to be paved by themselves, or by contract at his or its own instance, the object being to prevent delay and secure uniformity. The lien for assessments on abutting property and on railway or street railway company, sidewalk paving, street paving, curbing, macadamizing, grading or draining, shall have rank and priority of payment next in point of dignity to lien for taxes. Be it further provided, that the above power and authority

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to assess and levy sidewalk assessments shall include the right to assess and levy assessments for the grading, paving, macadamizing, draining or otherwise improving the streets of said city as well as the sidewalks thereof. Authority to levy assessments. Section 4. Be it further enacted by the authority of the aforesaid, that if for any reason any section, provision, clause, sentence, phrase, word, or any of this Act shall be held to be unconstitutional or invalid, then that fact shall not affect or destroy the validity or constitutionality of any other section, provision, clause, or part of this Act which is not in and of itself unconstitutional or invalid and the remaining portions of this Act shall be in force without regard to the provisions, clause, or part so held to be invalid or unconstitutional; and 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 affect unless and until they are repealed or superceded by other ordinances passed by the city authorities of said city. Conflict of laws. Section 5. Be it further enacted, that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 18, 1941. KINGSLAND TERRITORIAL LIMITS. No. 192. An Act to amend an Act granting a Charter to the City of Kingsland, Georgia, approved August 15, 1927, by amending said Act by striking from the seventh line of Section One of said Act the word half so that the sentence from which said word is so stricken shall read when so amended as follows, to-wit: The territory hereby incorporated is all of the territory embraced in a circle extending one mile in all directions from the center of King

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Street and the center of the main line of the Seaboard Aid Line Railway at the point of intersection of said street and railway track, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, an Act entitled an Act granting a Charter to the City of Kingsland, Georgia, approved August 15, 1927, is hereby amended by striking from the seventh line of Section One of the said Act the word half so that the sentence from which said word is so stricken shall read when so amended as follows, to-wit: The territory hereby incorporated is all of the territory embraced in a circle extending One Mile in all directions from the center of King Street and the center of the main line of the Seaboard Air Line Railway at the point of intersection of said Street and Railway track. The object and purpose of this Act is to extend the corporate limits of the City of Kingsland, Georgia, so as to embrace all of the territory within a circle two miles in diameter, the center of said circle being herein before set out in this section of this Act. Act of 1927 amended. Territorial limits. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 17, 1941. KINGSLAND ZONING AND PLANNING. No. 193. An Act to amend an Act granting to the City of Kingsland, Georgia, a Charter approved August 15, 1927, and all amendatory Acts thereof, to grant to the governing authorities of the City of Kingsland authority to pass zoning and planning laws whereby the City of Kingsland

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may be zoned and districted for various uses, and other or different uses prohibited therein, and regulate the use for which said zones or districts may be set apart, and regulate the plans for development and improvement of real estate therein, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, that the Act establishing a Charter for the City of Kingsland, Georgia, approved August 15, 1927, and the several Acts amendatory thereof, are hereby amended as follows: Act of 1927 amended. Section 1. That pursuant to Article 3, Section 7, Paragraph 26, of the Constitution of Georgia, the City of Kingsland is hereby authorized to adopt ordinances and pass laws whereby the said City of Kingsland may be zoned and districted for various uses, and other or different uses prohibited therein, and regulating the use for which said zones or districts may be set apart, and regulating plans for the development and improvement of real estate therein, and to adopt all zoning and planning laws, not inconsistent with the Constitution, as said City may deem necessary or proper, to promote the public health, safety, morals, order, comfort or general welfare. Zoning and planning. Section 2. That the Mayor and Council of said City, for any one or more of the objects above named, may adopt by ordinances a plan or plans for the districting or zoning of said City for the purpose or regulating, defining and restricting; (a) the location of trades, industries, apartment-houses, dwellings, or other uses of property, (b) the height of buildings or other structures, (c) the area of dimensions of lots or yards used in connection with buildings or other structures,

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(d) the alignment of buildings or other structures near street frontages. The zoning regulations may be based upon any one or more of said purposes. The City may be divided into such number of zones or districts, and such districts may be of such shape and area as said Mayor and Council shall deem best suited to accomplish the intent of the zoning regulations. In the determination and establishment of districts and regulations, classifications may be based on the nature or character of the trade, industry, profession, or other activity conducted or to be conducted upon the premises, and within the said zone, the number of persons, families, or other group units to reside in or to use buildings, the public, quasi-public, or private nature of the use of premises, or upon any other basis or bases relevant to the promotion of the public health, morals, safety, order, propriety, or welfare. Section 3. Said Mayor and Council shall be empowered in any districts proposed to be set aside primarily for residence purposes, to further classify the use thereof and to provide therein the class or classes of residents to be housed therein, and to provide therein such or similar regulations and restrictions as shall tend to secure the welfare, public health, morals, safety and good order of the City and the residents thereof. Section 4. If any provision of this Act shall be held to be unconstitutional, such provision alone shall be invalid and the other parts of this Act shall be uneffected thereby, and shall remain in full force and effect. Section 5. All laws and parts of laws in conflict with this Act shall be and the same are hereby repealed. Approved March 17, 1941.

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LAFAYETTE CHARTER AMENDMENTS. No. 33. An Act to revise, alter, and amend the several Acts incorporating and relating to the City of LaFayette authorizing the purchase of real estate for swimming pool, play ground, and golf course purposes, and authorizing the operation of such undertakings by said City of LaFayette, and authorizing the governing authorities of said City to make donations of funds belonging to said City for public, quasi-public or charitable 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 LaFayette shall have the power and authority to construct a swimming pool and golf course and play grounds, to own, establish, maintain and operate the same, both or either of which may be operated by said City of LaFayette for profit, and to prescribe, revise, and collect fees or charges for services, rentals, use or privileges in connection with said swimming pool and golf course, and to charge for commodities, used in connection thereith, or either of them. Power to construct pools, golf courses and play grounds. Section 2. The City of LaFayette shall have the power and authority to employ and discharge operatives in connection with the operating of said undertakings; to purchase and hold real estate; to regulate and to control the use of said swimming pool and golf course, and to do any and all other things which may be necessary or convenient in the exercise of the powers herein granted. Discharge of operators. Section 3. Said City of LaFayette is also authorized, at the option or discretion of its governing authorities, to make donations of public funds to such charitable, public, or quasi-public organizations as such governing authorities may deem expedient, proper or necessary, provided such

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donations or contributions may not exceed in any year a sum of money equal to one-half of one mill for each $1.00 tax value of the property of said City. Donations to charities. Approved February 13, 1941. LAFAYETTE ZONING AND PLANNING. No. 32. An Act to amend the Act providing a charter for the City of LaFayette and prescribing the jurisdiction and powers and duties of the governing authorities of said City, and all Acts amendatory thereof, by vesting the Mayor and Council and their successors with the authority to pass zoning and planning laws for said City and to enforce the same; and by changing, altering and amending the existing rule fixed by amendment to said City charter providing a voting place in each of the several wards in said City of LaFayette, and providing in lieu thereof, two voting places for the casting of ballots in City elections in said City of LaFayette one of which shall be located at the City Hall and the other at a place in West LaFayette to be designated by said Mayor and Council; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same: Section 1. That the Act or Acts establishing and creating a charter of the City of LaFayette 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 provisions to-wit: The Mayor and Council of the City of LaFayette, or

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such other governing authority or authorities thereof as may hereafter be constituted, shall, in addition to any and all other powers and duties now vested in them, have the power and authority to pass and to 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, including the right, power and authority hereby vested in said City officials to designate the kind and character of material to be used in any and all buildings erected in said districts and zones, 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 and planning. Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. Approved February 13, 1941. MACON CITY OFFICERSELECTION AND DUTIES. No. 8. 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,

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said Act described appearing on pages 1283 and 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, including an Act approved February 10, 1939, appearing on pages 1140 through 1148 of the published Acts to the General Assembly of Georgia for 1939, and for other purposes. Section 1. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage 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, changed, or re-enacted, including an amendment and re-enactment of the same appearing on page 1142 of the published Acts of the General Assembly of Georgia for 1939, be and the same is hereby repealed. Acts repealed. Section 2. Be it further enacted by the aforesaid authority that said Section 36 and the same is hereby re-enacted to read as hereby changed and re-enacted as follows: Section 36: Further City Officers Election and terms of Office. In addition to the Mayor and members of Council there shall be a City Attorney, a City Recorder, and such other officers, employees, 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 such elections being entitled to a vote, and shall be elected for

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a period of two (2) years and until their successors are elected and qualify; subject, however, to removal at any time by a majority vote of said Mayor and Council. City attorney, recorder and other officers provided. 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 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, including an amendment and re-enactment of said section appearing on page 1143 of the published Acts of the General Assembly of Georgia for 1939, be and the same is hereby repealed. Acts repealed. Section 4. 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 and City Recorder, and any office, officers, employees, and Agents which may be created by the said Mayor and Council. In addition, the Mayor and Council, by ordinance or by delegation of power to the Mayor, may require of all officers, including charter officers, and of all employees and agents, the performance of duties additional to those prescribed by ordinance or by the Charter. Duties prescribed. Section 5. Be it further enacted that if this Act or any portion thereof shall be declared invalid, the remember of said Act and the application of such portion to other persons and circumstances shall remain unaffected.

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Section 6. Be it further enacted by the authority aforesaid, that all laws or portions of laws in conflict herewith be and the same are hereby repealed. Approved February 5, 1941. MACON MAYOR'S TERM AND DUTIES. No. 7. 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 specifically including an Act of amendment, change, and re-enactment set forth on page 1026 of the published acts of the General Assembly of Georgia for 1933, an Act set forth on pages 1105 and 1106, of the published acts of the General Assembly of Georgia for 1935, and an Act set forth on pages 1141 and 1142 of the published acts of the General Assembly of Georgia for 1939; 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 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, changed, or re-enacted, including Section 2 of an Act of the General Assembly of Georgia set forth on page 1026 of the published Acts of the General Assembly of Georgia for 1933, 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, including also Section 3 of an Act of the General Assembly of Georgia set forth on pages 1141 and 1142 of the published Acts of the General Assembly of Georgia for 1939, be, and the same is, hereby repealed. Acts repealed. Section 2. 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 reenacted, as follows: The Mayor shall receive a salary of five thousand dollars ($5,000) per annum, and shall be ex-officio a member of the Joint Board of Health. He shall hold office for a term of two years and until his successor is elected and qualified. He shall be eligible for re-election for two additional successive two-year terms and no insumbent shall hold office for more than six years in succession. The present incumbent shall be eligible for reelection for one two-year term in addition to the term he is now serving. When any incumbent has held office for three successive two year terms he shall not again be eligible for election until one or more two year terms shall have intervened. 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

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set forth. It shall be his duty to see that the laws of the State, and ordinance of the City are faithfully executed within the limits of the territory over which the city government extends. He shall keep the Council advised, from time to time, of the general condition of the City, and shall recommend such measures as he may deem necessary and expedient for the welfare thereof. He may call the Council together at any time when deemed necessary by him. He shall have an office at the city hall, and devote as much time as may be necessary to the business of the City each day, and shall not be absent from the State for a longer time than six (6) days together, without permission of the Council. Mayor's term, salary and duties. 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 5, 1941. MACON STREET CLOSINGCONVEYANCE OF TITLE. No. 231. An Act to provide for and direct the conveyance of title to certain streets and alleys; to provide for the vacating and closing of certain streets and alleys; to provide for the granting of certain encroachments; and to provide for the ratification of the action of the City of Macon in closing and vacating certain streets and alleys and in granting certain encroachments; all said streets and alleys being within and said encroachments being adjacent to project areas acquired in Bibb County by the housing authority of the City of Macon, Georgia; and for other purposes. Section 1. Be it enacted by the General Assembly of the

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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 on the 29th day of August, 1939, vacating, closing and abandoning the following streets and alleys within the corporate limits of the City of Macon, be and the same is hereby ratified and confirmed as follows, to-wit: Authority to close. Curd Street and Henrietta Street between Nussbaum Avenue and Alabama Avenue; Streets and alleys named. Tindall Avenue and Campbell Avenue between Elizabeth Street and Plant Street; And all alleys bounded by Plant Street on the southwest, Alabama Avenue on the northwest, Elizabeth Street on the northeast and Nussbaum Avenue on the southeast; And said streets and alleys are hereby vacated, closed and abandoned. 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 action of the Mayor and Council of the City of Macon, as shown by the Minutes of its regular meeting on the 15th day of August 1939, vacating, closing and abandoning the following streets and alleys within the corporate limits of the City of Macon, be and the same is hereby ratified and confirmed as follows, to-wit: Authority to close. Ross Street between Oglethorpe Street and Hazel Street; and Streets and alleys named. Woods Alley between Oglethorpe Street and Hazel Street; And said street and alley are hereby vacated, closed and abandoned. Section 3. Be it further 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 the action of the Mayor and Council of the City of Macon, as shown by the Minutes of its regular meeting on the 18th day of February, 1941, vacating, closing and abandoning the following streets and alleys within the corporate limits of the City of Macon, be and the same is hereby ratified and confirmed as follows, to-wit: Authority to close. Third Street from the southerly side of DeBorde Street to Whitehead Street; Streets and alley named. Whitehead Street from the westerly side of Broadway to the easterly side of Cedar Street and Cedar Lane; Mary Street between Daisy Street and College Drive; Daisy Street from the northerly side of Plant Street to a point on Daisy Street which would be fixed by extending the northerly side of Elizabeth Street so that it would intersect with Daisy Street; and So much of that alley which extends between College Drive and Daisy Street in a direction approximately parallel with said streets as lies north of Plant Street and south of a line representing an extension of the northerly side of Elizabeth Street across said alley; And said streets and alley are hereby vacated, closed and abandoned. Section 4. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the action of the Mayor and Council of the City of Macon, as shown by its encroachment deed dated the 29th day of August, 1939, and recorded in the office of the Clerk of the Superior Court of Bibb County in Book 468, page 586, conveying to the Housing Authority of the City of Macon, Georgia, the encroachments therein described into Oglethorpe Street, Calhoun Street and Hazel Street, all in the City of Macon,

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be and the same is hereby ratified and confirmed; and said encroachments are hereby granted and conveyed to said Housing Authority of the City of Macon, Georgia. Conveyance confirmed. Section 5. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that all of the right, title and interest which the State of Georgia owns or holds to the area within those portions of Ross Street and Woods Alley within the City of Macon vacated, closed and abandoned by the action of the Mayor and Council of the City of Macon, and herein ratified and confirmed, be and the same is granted, bargained, sold and conveyed unto the said Housing Authority of the City of Macon, Georgia, its successors and assigns, in fee simple, to-wit: Interest of state relinquished. All that portion of Woods Alley in the City of Macon Bibb County, Georgia, between Oglethorpe Street and Hazel Street; and All that portion of Woods Alley in the City of Macon between Oglethorpe Street and Hazel Street. Section 6. Be it further enacted by the authority aforesaid that the Mayor and Council of the City of Macon be, and hereby is, authorized and directed to execute and deliver to the said Housing Authority of the City of Macon, Georgia, its deed of conveyance, without consideration, conveying to the said Housing Authority of the City of Macon, Georgia, all of the right, title and interest which the State of Georgia or the City of Macon owns or holds in and to said described portions of Ross Street and Woods Alley, hereby ratifying and confirming all that the Mayor and Council of the City of Macon may do pursuant hereto, in as full and ample a manner as if the same were done by the State of Georgia under its Great Seal. Authority to convey given. Section 7. Nothing herein contained shall operate to affect any right of action for damages which any person or

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persons may have by reason of any Acts of the Mayor and Council of the City of Macon herein ratified and confirmed; nor shall this Section, or anything herein contained, operate as a declaration or recognition of any such right of action. Rights of action not abolished. Section 8. 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. Repealing clause. Approved March 22, 1941. MARIETTA LIMITS EXTENDED. No. 34. An Act to alter, revise, and amend the several Acts relating to the incorporation of the City of Marietta in the State of Georgia. To provide for the extension of the City Limits of the said City of Marietta: To Provide when and how Taxes shall be assessed by said City of Marietta upon the Territory included in such extensions of the said City Limits: 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 first day of May, 1941, the corporate limits of the City of Marietta shall be extended to include all that territory in Cobb County, Georgia, immediately North of the limits of the City of Marietta, within the following boundaries: City limits extended. Commencing at a point where the present city limits of said City of Marietta, Georgia, intersects the center line of Cherokee Street, thence West along the said present city limits to the center line of Campbell Hill Street, thence North along the center line of Campbell Hill Street to the center line of Fowler Street, thence East along the center

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line of Fowler Street to the center line of Church Street Extension, thence South along the center line of Church Street Extension to the intersection of the center line of said Church Street Extension with the center line of what was formerly known as Bells Ferry Road, later known as Highway Noumber 41, or the Dixie Highway, thence Southeasterly along the center line of said Dixie Highway to the intersection of said Dixie Highway with the center line of Cherokee Street, thence South along the center line of Cherokee Street to the point of beginning. Boundaries. defined. Section 2. Be it further enacted by the Authority aforesaid, that taxes for the year 1941, hereinbefore described, shall be assessed and paid to the State, County and Elizabeth School District in all respects the same as they have heretofore been assessed and paid and said property hereinbefore described shall not be subject to City of Marietta Taxes for said year 1941; but said property shall be subject to City of Marietta Taxes for the year 1942, and all years subsequent thereto. Taxes. Section 3. Be it further enacted by the Authority aforesaid, that Elizabeth School District taxes for maintenance for the year 1941 shall be assessed, levied and paid to the said Elizabeth School District in all respects the same as said taxes heve heretofore been levied, assessed and paid to said School District, but said Elizabeth School District taxes for maintenance for the year 1942 shall not be levied, assessed or paid to said School District on said hereinbefore described property or for any year thereafter. Section 4. Be it further enacted by the Authority aforesaid that Elizabeth School District Taxes for Sinking Fund for bond retirement for the year 1941 shall be assessed, levied and paid to the said Elizabeth School District in all respects the same as they have heretofore been levied and paid to said School District; but said Elizabeth School District

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Taxes for Sinking Fund for bond retirement for the year 1942, and all years subsequent thereto shall not be assessed, levied or paid to said School District, all of the improvements covered by the bond issue hereinbefore referred to being without the limits of the above described property. Section 5. Be it further enacted by the Authority aforesaid that if any section, portion or provision of this Act be held unconstitutional or contrary to any general laws of the State of Georgia, such invalidity shall not effect any other portion, provision or section of this Act. Section 6. Be it further enacted by the Authority aforesaid that all laws or parts of laws or any section thereof in conflict with this Act be and the same are hereby repealed. Approved February 13, 1941. MARIETTA MAYOR'S COURT AUTHORITY DELEGATED. No. 174. An Act to authorize the Mayor of the City of Marietta, Georgia, to designate and appoint any number of the City Council of said City to preside over the Mayor's Court for the trial of offenders against the Ordinances of said City, and try and commit to the Superior Court of said county for violations of the laws of the State of Georgia within the corporate limits of said City, with the same powers when so presiding as delegated to the Mayor of said City by the Act of the General Assembly of Georgia creating a new Charter for the City of Marietta, Georgia, approved August 15th, 1904, (acts of 1904, page 519), provided that this Act shall not revoke the authority delegated to the Mayor, the Mayor

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protem, or to three members of the Council when so presiding over said Court, in said Act approved August 15, 1904, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act the Mayor of the City of Marietta, Georgia, shall the power and authority to designate and appoint any member of the City Council of said City to preside over the Mayor's Court for the trial of offenders against the Ordinances of said City, and try and commit to the Superior Court of said county for violations of the laws of the State of Georgia within the corporate limits of said City, with the same powers and authority when so presiding as that delegated to the Mayor of said City when presiding over said Court by the Act of the General Assembly of Georgia creating a new Charter for the City of Marietta, Georgia, approved August 15, 1904, (Acts of 1904, page 519). Mayor's court, authority delegated. Section 2. Be it further enacted by the authority aforesaid that the passage of this Act shall not in any wise revoke the authority delegated to the Mayor, the Mayor pro tem, or to three members of the City Council of said City, when presiding over said Mayor's Court as set forth in said Act approved August 15, 1904, page 519, hereinbefore referred to. Does not revoke Mayor's previous authority. Section 3. Be it further enacted by the authority aforesaid that any member of the said City Council of the City of Marietta, Georgia, designated and appointed by the Mayor of said City to preside over the Mayor's Court, as herein provided, shall be known and designated as City Recorder. City Recorder. Section 4. Be it further enacted by the authority aforesaid

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that, if any Section of this Act, or any portion of any Section thereof, is declared invalid, this shall not affect other sections or provisions thereof. 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 12, 1941. MARIETTA SEWERAGE AND WATERWORKS SYSTEMSTREASURER. No. 379. An Act to amend an Act of the General Assembly of Georgia approved August 14, 1909, (Acts of 1909, page 1099), which said Act amended an Act of the General Assembly of Georgia approved August 1, 1906, (Acts of 1909, pages 846, 847 and 848), which was an Act entitled An Act to authorize the mayor and council of the city of Marietta, in the county of Cobb, to order and have held an election by the qualified voters of said city to determine whether or not bonds shall be issued by the city of Marietta for the purpose of purchasing, establishing, maintaining, building and acquiring a system of waterworks in said city of Marietta and to authorize the issuance of said bonds and the assessing and collecting a tax on all property, both real and personal, in said city of Marietta, for the purpose of paying interest upon said bonds, as well as the principal thereof, and for the purpose of creating the board of water and lights and making them a body corporate and define their powers and duties, and for other purposes by inserting another Section to said Act providing to give said board of water and lights the power to build, operate and control the sewerage system of said city, and by adding another Section

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providing the duties of said board of water and lights. Said act to be amended by amending Section 2 of said Act so as to authorize said board of water and lights to elect a treasurer other than a member of said board; and by further amending said Section 2 by providing that the funds of said board may be paid out upon a voucher regularly passed up by the said board and signed by the treasurer of the board and countersigned by the chairman of the board, or by the vice-chairman of the board in the absence of the chairman, and for other purposes. Section 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 2 of the Act of the General Assembly of Georgia approved August 14, 1909, (Acts of 1909, page 1099), be amended by striking from the third and fourth lines thereof the following words, said treasurer being member of board, and inserting in lieu thereof the following, said treasurer may be one other than a member of said board; and by further amending said Section 2 by striking from said Section the last clause thereof in the following words, No funds shall ever be paid out by said treasurer except upon vouchers regularly passed up by said board of water and lights, drawn by the clerk of said board and countersigned by its chairman, and inserting in lieu thereof the following: The funds of said board may be paid out upon vouchers regularly passed up by said board of water and lights, signed by the treasurer and countersigned by the chairman of said board, or by the vice-chairman of the board in the absence of the chairman, so that said Section 2 when amended shall read as follows: Act of 1909 amended. Be it further enacted by the authority aforesaid, That it shall be the duty of said board of water and lights to elect a treasurer, said treasurer may be one other than a member of said board, whose duty it shall be to receive and disburse

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all the funds arising from the sale of bonds of the city of Marietta for sewerage, waterworks and light purposes, and to receive and disburse all subsequent appropriations and revenues acquired or derived in the operation and maintenance of said system of lights, waterworks and sewerage, and said board shall have power and authority to fix the compensation and to set bond for treasurer, the amount of which shall not be less than the whole amount of money that may come into his hands, but whenever said funds shall have been so expended in the construction of said system of sewerage, waterworks and lights as to authorize same, said board shall then have power to decrease said bond in proportion to the amount of funds that may be in hand of said treasurer, or may reasonably be expected to come into his hands. The funds of said board may be paid out upon vouchers regularly passed up by said board of water and lights, signed by the treasurer and countersigned by the chairman of said board, or by the vice-chairman of said board in the absence of the chairman. Board of water and lights to elect a treasurer. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved March 27, 1941. McCAYSVILLE CITY CHARTER. No. 47. An Act to amend, consolidate and supersede the several Acts incorporating the City of McCaysville, in the County of Fanning, State of Georgia, and all amendments in respect thereto; to create a new charter for said corporation; to provide a municipal government therefor; to define the territorial limits of said city; to provide for a Mayor and Council, and to define their powers and

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duties; to provide for the punishment of violators of the ordinances of said city; to define the special powers and duties of the Mayor; to provide for the election of a Mayor and Council, their oaths and terms of office, for their meetings and method of filling vacancies therein; to provide for the appointment of election managers; their oaths and duties, and for their compensation; to define the method of holding all city elections, for the declaration of the results of such elections, and for contests of such elections; to provide for the selection of a Mayor Pro-Tem; to provide for the qualifications of voters and electors in said city, and for the qualifications of the Mayor and Council; to provide for a permanent system of registration of voters; to provide for a board of registrars, their oaths, duties and compensation; to provide for appeals from decision of city clerk refusing to allow person to register; to provide for a notice to person whose name is stricken from voters list and for a hearing on same; to provide for a City Clerk and Treasurer, a City Marshal, etc., Attorney and other officers, their oaths, bonds, and for their compensation and their removal from office; to provide for a Police Court and its powers and for the trial and punishment of violators of city ordinances therein; to provide for the arrest of violators of city ordinances, with or without warrant; to provide for the taking of appearance bonds, and for the forfeiture of the same; to provide for a city chain gang; to provide for appeals and certiorari from the Police Court and from the decision of the Mayor and Council in criminal cases; to require tax returns to be made by the citizens of said city and by persons owning property in said city; to provide for a board of tax assessors, their oath, duties, and compensation; to provide for double taxation where tax returns are not made; to provide for appeals from decision of board of tax assessors and hearing on same; to provide for the collection of

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taxes by execution; to provide for an ad valorem tax on property in the city, and to define its limits; to empower said city to widen its streets; to provide for the removal of obstructions from streets to empower said city to require railroad companies to make and repair crossings in said city; to provide for the regulation of explosives and fireworks; to provide for the regulation of all trades, businesses, callings and professions; to provide for the registration of trades and businesses, and to authorize said city to require any person engaging in any trade, profession or business to purchase a license to do so; to provide for the revocation of such licenses; to provide for the licensing of pool tables and games, for the licensing of brokers and other trades and businesses; to provide for license ordinances and for the punishment of persons engaging in business who fail to obtain licenses; to provide for the regulation of animals and for the power to impound the same; to provide for the opening of new streets, and the right to condemn property for such purpose; to provide for the improvement of streets in said city; to provide for the cost of such improvements and for the assessments against abutting property therefor; to provide for the cost of curbing, drains and manholes; to compel the connection of water and gas lines with city lines; to provide for the pro-rating of assessments; to provide for the improvement of sidewalks and the cost thereof; to provide for the improvement of sidethe cost thereof; to provide for the procedure of improvement of streets and sidewalks; to provide for contracts for street improvement and for the bond of contractors; to provide for the appraisal of cost of street improvements and for objections to appraisals and hearings on the same; to provide for a lien for street and sidewalk improvements; to provide for the issuing of executions of street and sidewalk improvements and the levy and sale of abutting property thereunder; and for

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the transferring of such executions; to provide for affidavits of illegality to street improvement executions and the trial of such; to provide for street improvement abutting State property and political subdivisions thereof; to provide for bond elections for street improvement and for a tax to pay such bonds; to provide that assessments for street improvement to be paid in installments and for the lien of installment assessments; to provide for street improvement bonds which will not be an obligation of the city and for the payment of the same; to provide for the rank of liens of assessments for street improvements; to provide for a sewerage system for said city and for sewerage and drainage assessments, for the taking of property for sewerage system, for the extension of such system, and for the making of sanitary lots; to authorize the city to maintain and operate a system of waterworks; and any other public utility; to provide for connection of all sanitary units and sewers and to provide penalties; to provide for a general policing and all police laws; 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 the passage of all necessary, proper or incidental ordinances, resolutions, regulations and orders; to provide for the extension of jurisdiction and territorial limits; to provide for condemnation of water rights; to provide for control of sewers and pipes in said city; to provide for the collection of sanitary taxes; to provide for a board of health and to define the powers and duties of such board; to provide for the removal and abatement of nuisances; to provide for the regulation and prevention of sale of intoxicating liquors; to provide for fire districts in said city and for fire regulations therein; to provide for vaccination, for a pest house and for the prevention of diseases; to provide for a city cemetery and its regulation; to provide for the power of the city to grant encroachments on public

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streets; to provide for a city prison; to provide for the suppression of vice and houses of ill fame; to provide for executions in favor of said city, and for the advertiseent and sales of property thereunder; to provide for tax sales, deeds and executions; to provide for the form of accusations and affidavits; to provide for city parks, and for the regulation of trees in said city; to empower said city to require all male citizens between ages of 21 and 50 to work on streets of the city, or to pay a commutation street tax in lieu thereof, and to provide for exemptions therefrom and for punishment for those failing to work streets or pay commutation tax; to provide for the regulation of trains and vehicles and their speed in said city; to provide for prevention of idleness and loitering; to provide for a city fire department; to provide for the collection of a tax on dogs; to abolish the independent school system of said city; to provide for a code of Ordinances for said city; to grant zoning powers to said city, to authorize the Mayor and Council to create 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 for the laying off of the city into restricted zones or districts, and for the classification thereof; to require building permits before any building or structure can be erected in said city; to provide for the condemnation of private property, within and without the city, for public purposes; to provide for the issuance of bonds, for bonds elections and for the levy and collection of a tax to pay said bonds; to provide for the sales of city property by the Mayor and Council; to provide for the repeal of all prior Acts incorporating the City of McCaysville, and all acts amendatory thereof; to provide that if any portion of this Act be declared invalid by a court of competent jurisdiction, the same will not affect the remaining portions; and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority aforesaid, That from and after the passage of this Act the inhabitants of the territory now embraced in the corporate limits of the City of McCaysville, located in the County of Fanning, State of Georgia, be and are hereby incorporated under the name and style of City of McCaysville. City of McCaysville incorporated. Section 2. Be it further enacted, That the corporate limits of the said City of McCaysville shall begin at the center of Fighting Town Creek, where State line crosses between the State of Georgia and the State of Tennessee; thence up said creek to the mouth of King Town Branch; thence due South to the original land line between lots of land Nos. 33 and 48 running East and West; thence East with said line to Ocoee River; thence a Northern direction to the top of the first little knoll just Southeast of railroad bridge; thence a Northern direction to the top of first hill Southeast of Parristown; thence a Northern direction to the original corner of the State line between Georgia and Tennessee; thence said State line to the beginning point at the center of Fighting Town Creek. Corporate limits defined. Section 3. Be it further enacted, That from and after the passage of this Act the inhabitants of the territory described in Section 2 of this Act, located in the County of Fanning, State of Georgia, be and are hereby incorporated under the name and style of City of McCaysville, and said City of McCaysville is hereby chartered and made a city under the corporate name of City of McCaysville, and by that name shall have perpetual succession, and is hereby vested with all the rights, powers and privileges incident to municipal corporations of this State, or cities thereof, and all rights, powers, titles, property, easements and hereditaments within or without its corporate limits now belonging to said City of McCaysville shall be and are hereby vested in said City of McCaysville, as created by this Act; and the

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City of McCaysville as created by this Act may by its corporate name sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal; make and enact, through its Mayor and Councilmen, such ordinances, bylaws, rules, regulations and resolutions for the transaction of its business and the welfare and proper government of said city, as to said Mayor and Councilmen may seem best, and which shall be consistent with the laws of the State of Georgia and the United States. And the said City of McCaysville shall have the right and power to purchase, hold, rent, lease, sell, exchange, enjoy, possess and retain in perpetuity, or for any term of years, any property, estate or estates, real or personal, lands and tenements and hereditaments, and of whatsoever kinds, and within or without the limits of said city and for corporate purposes said City of McCaysville, as created by this Act, shall succeed to all rights of and is hereby made responsible as a body corporate for all the legal debts, liabilities and undertakings of said City of McCaysville and its Mayor and Councilmen as a body corporate as heretofore incorporated. Grant of powers. Section 4. Be it further enacted, That the municipal government of the City of McCaysville shall consist of and be vested in a Mayor and five Councilmen; that said Mayor and Councilmen 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, sales-stables, warehouses, sleeping apartments, restaurants, cafes, opera-houses, theatres, picture shows, and all kinds of shows and circuses, dance-halls, skating-rinks, bowling-alleys, pool and billiard-rooms, and all other places of amusement; storehouses, hitching places, markets, slaughter houses; garages, shops, mills, ginneries, factories, barber-shops, soda-founts,

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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; and said Mayor and Councilmen shall have full power and authority to pass all laws and ordinances, rules and regulations, necessary and proper to preserve order, suppress crime and immorality in said city, not in conflict with the Constitution and Laws of this State, and to prescribe punishment for the commission of different acts of crime and violations of any ordinances of said Mayor and Councilmen, said punishment to be in accordance with that allowed by this charter to be inflicted on violators of said ordinances. This enumeration of powers shall not be construed as restricted to said powers alone, but shall include all and every other things and acts necessary or incident to 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. Mayor and councilmen provided. Section 5. Be it further enacted, That the Mayor shall be the chief executive officer of said city and it shall be his duty to preside at all meetings of the city council; to see that all meetings are conducted in a parliamentary manner, to preserve order and decorum in such meetings; to inflict such punishment upon any person guilty of contempt before said council as may be authorized by municipal ordinances; to see that all laws, ordinances, rules, regulations and resolutions of the Mayor and Council of said city are faithfully executed and enforced; to appoint and be an ex-officio member

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of all committees; to see that the officers of said city do faithfully perform the duties required of them; to see that all municipal ordinances of said city are property enforced; to see that all funds are properly accounted for and that all revenues are properly and promptly collected; to inform the Council from time to time of the general condition of said city and its affairs and recommend such measures as he may deem necessary or expedient for the welfare of said city; to inspect or cause to be inspected by one or more of the Councilmen of said city the records and books of account of the officers of said city and see that they are properly and correctly kept; to require such reports to be made by such officers, to the council, as he may deem proper; to see that order is maintained in said city, and that its property and effects are preserved. The said Mayor shall exercise general supervision and jurisdiction over the affairs of the said city; shall have authority to convene the Council in extra session as frequently as he may deem proper; to preside in the Police Court of the City of McCaysville, and is hereby given full authority to sit as a committing magistrate; to try all persons charged with violation of any ordinance of said city; and to impose sentences of punishment for such violations, within the limits hereinafter provided; to punish for contempt of court before such Police Court or contempt of the Council by imposing such sentence or penalty as may be authorized by the ordinances of said city; to bind said city by signing any contract, obligation or other matter entered into and authorized by ordinance or resolution of the Council of said city, properly passed in accordance with the provisions of this Act; and to do such other acts and things as may be proper and necessary in the proper conduct of the affairs of said city and as may be hereinafter authorized. Mayor's duties. Section 6. Be it further enacted, That the present Mayor and Councilmen of said City of McCaysville, who were

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elected on the second Saturday in December, 1939 shall continue in office until the first Monday in January, 1942, or until their successors are elected and qualified, and said Mayor and Councilmen shall exercise all of the powers and authorities conferred upon the Mayor and Councilmen of the said City of McCaysville, created by this charter, and on the second Saturday in December, 1941, a Mayor and five Councilmen shall be elected, as provided in the next section of this Act. Present Mayor and council to continue in office until January, 1942. Section 7. Be it further enacted, That on the second Saturday in December, 1941 there shall be elected for said city, by the qualified voters therein, a Mayor and five Councilmen, and biennially thereafter, on the second Saturday in December, a Mayor and five Councilmen shall be so elected. All elections for Mayor and Councilmen elected under the provisions of this charter shall be for two years, commencing on the first Monday in January next after their election, and until their successors are elected, or appointed and qualified. On the first Monday in January, after their election, the Mayor and Councilmen-elect shall meet at the City Hall in said city and then and there shall severally take, before some officer authorized under the laws of Georgia to administer oaths, the following oath of office, to-wit: I do solemnly swear that I will well and truly demean myself as Mayor (or Councilman, as the case may be) of the City of McCaysville for the ensuing term, and that I will faithfully enforce the charter and ordinances of said city to the best of my skill and ability, without fear or favor; so help me God. Should the Mayor or any Councilman be absent from said meeting, he or they shall take said oath of office as soon as possible thereafter. Said Mayor and Councilmen shall provide, by ordinance, for regular monthly meetings, and may hold such special or called meetings, as the business of the city may require, which special or called meetings shall be called by the Mayor in his discretion, to be convened as provided by the city ordinances. In the event

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that the office of Mayor, or any one or more of the Councilmen shall become vacant by death, resignation, removal, or otherwise, said vacancy or vacancies may be filled by appointment and selection by the Mayor and Councilmen, in the case of vacancies in the Council, and by the Councilmen in the case of a vacancy in the office of Mayor, and persons so selected shall be duly qualified to fill such vacancies. Election. Oath. Meetings. Vacancies. Section 8. Be it further enacted, That should the Mayor or any member of the Council fail or refuse to perform the duties of his office for the term of three consecutive months, or should any officer-elect refuse to qualify, the office may be, in the discretion of the remaining members of the Council, declared vacant and the vacancy filled as above provided. Vacancy declared. Section 9. Be it further enacted, That elections held under this charter, and all elections in which any subject or question is submitted to the qualified voters of said City of McCaysville, shall be managed by a Justice of the Peace, or some other judicial officer, and two freeholders, who are citizens of said city and own real estate therein; or by three freeholders, all of whom shall be citizens of said city and own real estate therein; and said managers, before entering on their duties, shall take and subscribe before a Justice of the Peace, or some other officer qualified to administer oaths, or before each other, the following oath: That each of us do swear that we will faithfully and impartially conduct this election, and prevent all illegal voting and prevent no one from voting who is entitled to do so according to law, to the best of our skill and power, so help me God. Said managers shall keep, or cause to be kept, copies of two lists of voters and two tally-sheets. All voting in any election held in said city shall be by secret ballot and all electors shall be secure in their right to cast their ballot without annoyance from or by any person in or near any voting place, and to this end the Mayor and Council shall provide as many voting booths as may be necessary at said City Hall

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for the holding of any election. The polls shall be opened at 8 o'clock, A. M. and close at 6 o'clock, P. M. Persons receiving the highest number of votes for the respective offices shall be elected. The managers of all elections held under the provision of this charter shall be appointed by the Mayor and Councilmen. The Mayor and Councilmen shall determine and provide for the pay of managers of any elections and of any clerks that may be necessary in holding any election for their services in holding such elections, but such pay or compensation shall not exceed the sum of $3.00 per day for each such manager or clerk. Election managers. Oath. Voters lists. Secret ballot. Polls open at 8:00 A.M. and close at 6:00 P.M. Compensation. Section 10. Be it further enacted, That the said managers shall certify two lists of voters and two tally-sheets and shall place one list of voters and one tally-sheet in the ballot boxes with the ballots and seal the same, and shall forthwith deliver the same to the Ordinary of Fannin County, or his Clerk. The other shall be placed in a package and sealed and forthwith delivered to the Clerk of said City, who shall safely keep the same and it shall be the duty of the Mayor to call a special meeting of the Mayor and Councilmen for the purpose of declaring the result of said election; at said meeting it shall be the duty of said Clerk to deliver said package to the Mayor and Councilmen, who shall open the same and declare the results. The persons receiving the highest number of votes for the respective offices shall be elected. In case of a tie between two or more candidates in any election for Mayor and Councilmen or either of them, or other elective officers, a new election as between candidates thus tied shall be ordered by the Mayor and Councilmen 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. Delivery to ordinary. Delivery to city clerk. Declaration of result. Tie vote Section 11. Be it further enacted, That if the result of any election held in said city is contested, notice of said contest

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shall be filed with the Ordinary of Fannin County within three days after said election, and upon the payment in advance by the contestant, or contestants, to said Ordinary of ten dollars ($10.00), the said Ordinary shall within two days after he receives the same, cause a copy of said notice to be served by the Sheriff or his Deputy, on the contestee, if such contest is for an office; and if the result of any election in which any question is submitted is contested then said Ordinary shall cause notice to be served on the Mayor of the city; said Ordinary shall fix the time of hearing said contest, which shall not be later than ten days after service has been perfected, of which time both parties shall have five days' notice before the hearing. The contestor shall pay to the Sheriff, or his Deputy, two dollars ($2.00) in advance for service of notice of contest. Said notice of contest shall set out therein plainly and distinctly the grounds upon which said result of election is contested; contestee may set up any cross grounds of contest. The contest shall be heard at the Fanning County Court House. Said Ordinary is authorized to hear and determine any contest, and the losing party shall pay all costs, for which said Ordinary is authorized to issue the usual execution. Contest. Notice. Hearing. Where and by whom held. Section 12. Be it further enacted, That the Mayor and Councilmen, at their first regular meeting in January, 1941 and biennially thereafter, shall elect one of the Councilmen Mayor Pro-Tem., who shall, in the case of absence or disqualification of the Mayor, or for vacancy in that office, perform and discharge all duties, and exercise all of the authority of the office of Mayor upon taking the usual oath. Mayor pro tem. Section 13. Be it further enacted, That all persons qualified to vote for members of the General Assembly of this State, and who shall have paid all taxes legally imposed and demanded by the authorities of said city, and shall have resided in the City of McCaysville thirty days prior to the election at which they offer to vote, and shall have registered

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as shall be required by the registration laws of said city, shall be qualified to vote at any election provided by this charter. Qualifications of voters. Section 14. Be it further enacted, That no person shall be eligible for the office of Mayor or Councilman of said city unless he shall have resided in said city one year immediately preceding his election and shall be a qualified voter in municipal elections for officers of said city, not convicted of any crime involving moral turpitude, and entitled to register under the registration laws which may be in force at that time in said city. Mayor and councilmen, qualification. Section 15. Be it further enacted, That it shall be the duty of the Clerk, upon the first Monday immediately following any election in said city, either regular or special, to open a registration book for the registration of all qualified voters of said city. Said book shall be kept open each and every day between the hours of 8 o'clock, A. M. and 6 o'clock, P. M. (Sundays and legal holidays excepted) until twenty days prior to any regular or special election of said city, when said registration book shall be closed, and after which no person shall be allowed to register his name on said book until said book shall be again opened following such election. It shall be the duty of the Clerk, upon application in person, and not by proxy, of any citizen who is qualified to vote for members of the general assembly, who have paid all taxes of every character legally imposed and demanded by the authority of the city, and who upon the day of the election, if then a resident, will have resided in said city for thirty days prior thereto, to allow such person to register his name and color, recording on said book besides the applicant's name, his age, occupation or business. Said Clerk shall not knowingly permit any one to register who is not lawfully entitled to do so, and shall in every case before registering the applicant, administer the following oath: You do solemnly swear that you are a citizen of the

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United States; that you have resided in Georgia for twelve months, in this County six months, and in the City of McCaysville thirty days next preceding this registration, or that by the date of the next city election, if you are still a resident of the city, you will have fulfilled these conditions; that it is your intention to remain a resident of this city until the date of the next city election; that you are twenty one years old; that you have paid all taxes due the City of McCaysville, and all poll taxes required by the laws of the State of Georgia, except taxes for this year, and that you have made all returns required of you by the ordinances of this city; so help you God. It shall be the duty of the Clerk to have written or printed the above oath on the front page of said registration book and to require the applicant for registration to swear to said oath and sign his name thereto or by some one authorized to do so for him. However, no person registering in said book 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. Registration. Oath. Section 16. Be it further enacted, That at the first regular meeting of the Mayor and Councilmen in January, immediately following the election of said Mayor and Councilmen, the said Mayor and Councilmen shall select and appoint three registrars, who shall be registered and qualified voters in said city. It shall be the duty of the said registrars to make and prepare a list of the registered and qualified voters of said city and furnish same properly certified to the Clerk of the City of McCaysville, as hereinafter provided. Such registrars shall take and subscribe an oath to faithfully and impartially perform the duties devolving upon them as registrars; said oath shall be in the form prescribed by the Mayor and Council. The compensation

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of such registrars shall be fixed by the Mayor and Councilmen, at the time of the selection and appointment of such registrars, but such compensation shall not exceed the sum of three dollars ($3.00) per day for each registrar, for the time actually spent in the performance of their duties as registrars. The term of office of such registrars shall be for two years. Registrars. Compensation. Section 17. Be it further enacted, That the Clerk of the City of McCaysville shall close the registration book twenty days before any regular or special election, to be held in said city, at five o'clock P. M. on such closing day and shall not permit any person to register after such time and until after such election shall have been held; and shall thereupon turn over said registration book to the registrars, who shall meet and make up, from said book a list of the qualified voters of said city, who are qualified to vote in such election; in making said list, the registrars shall exclude the names of all persons found to be not eligible to vote in such election or who have, in any way, disqualified themselves as legal voters. The said registrars shall complete their work on such vote list not later than five (5) days prior to such election and certify said list to be true and correct and deliver same to the Clerk of the City of McCaysville, and the said Clerk shall certify that same has not been altered nor changed since being delivered to him and on the morning of the election to be held in said city deliver said list to the election managers, selected to hold such election; and no person whose name does not appear upon said list shall be allowed or permitted to vote in said election unless such voter shall produce a certificate signed by the registrars that his name was omitted from said voter's list by accident or mistake. Registration book. Section 18. Be it further enacted, That all persons shall have the right of appeal from the decision of the Clerk, refusing any person the right to register; such appeal shall

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be made to the Board of Registrars within five days after the registration book shall have been closed prior to any election and said book delivered to said registrars and said board shall determine the eligibility of such person or persons to vote in such election and the decision of said board shall be final. Appeal to board of registrars. Section 19. Be it further enacted, That the Board of Registrars shall have full authority to purge all registration lists in said city of all illegal voters when said board makes up its list of qualified voters for any election, but said board shall give notice in writing or printing to all persons whom they have reason to suspect have registered illegally or are disqualified for any cause, and give such person an opportunity to be heard upon the question of his eligibility to vote in any election, and such notice shall clearly set forth the time and place of the hearing on such matter, and the name of no registered voter shall be stricken from the voter's list by said board unless such notice is given so such person whose name appears on the registration book, and upon such person, so notified, appearing before said board, as directed, said board shall hear any evidence submitted and determine the eligibility of such voter or voters, and the decision of the Board of Registrars on such question shall be final. Service of said notice by leaving the same at the most notorious place of abode of such person or persons whose name or names appear on said registration book shall be sufficient service. If any such person or persons so notified, as above provided, fails to appear and offer any evidence as to why his name should be excluded from said voter's list, the said Board of Registrars shall proceed to purge said voter's list of the name or names of such person or persons if they find such person or persons are disqualified to vote in said election for any cause. Authority of board of registrars. Section 20. Be it further enacted, That at the first regular meeting of the Mayor and Councilmen in January, 1942,

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held after their election on the second Saturday in December, 1941, and biennially thereafter, the Mayor and Councilmen shall elect a City Clerk and Treasurer, a Marshall, who may be Chief of Police, and as many policemen as in the judgment of the Mayor and Councilmen shall be necessary; a City Attorney and such other officers as the Mayor and Councilmen shall deem necessary in the good government of the city. Each of said officers shall take such oaths, perform such duties and give such bonds as the Mayor and Councilmen may by ordinance prescribe; provided, that all bonds of officers shall be made payable to the City of McCaysville. Said Mayor and Councilmen shall have the power and authority to suspend and remove said officers, in their discretion; and it shall be the duty of the Mayor and Councilmen to fix the salaries, or compensation, of said Mayor and Councilmen, and all other officers, agents and employees of said city, which, when once fixed, shall not be increased during the term of office of the said Mayor, Councilmen or officers. However, the salary of the Mayor of said city shall not exceed the sum of $100.00 per year; the salary or compensation of the Councilmen of said city shall not exceed the sum of $50.00 each per year; the salary or compensation of the Clerk and Treasurer of said city shall not exceed the sum of $100.00 per month; the salary of the Marshal or Chief of Police of said city shall not exceed the sum of $150.00 per month; the salary of all other policemen of said city shall not exceed the sum of $100.00 per month each. All expenditures of the Mayor and Councilmen for city purposes shall be paid out of the city funds by an order drawn by the City Clerk, counter-signed by the Mayor, or in his absence, by the Mayor Pro-Tem., after the Mayor and Councilmen have allowed the same. The Mayor and Councilmen may, at any time, employ as many policemen for said city for such length of time as said Mayor and Councilmen may deem necessary for the safety and protection of the citizens of said city, the salaries of such policemen

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to be fixed by the Mayor and Councilmen, as above provided, in accordance with the limitations thereon as fixed by this charter. City officers. Suspension. Compensation. Police force. Section 21. Be it further enacted, That the Mayor and three Councilmen shall constitute a quorum for the transaction of any business before the body, and a majority of the votes cast shall determine questions before them; provided, that every question so determined or ordinance passed shall receive no less than three votes. On all questions before the said Council the Mayor or the Mayor Pro-Tem., if he be presiding, shall be entitled to vote only in case of a tie. The Mayor shall have the veto power, and may veto any ordinance or resolution of the Councilmen, in which event the same shall not become a law unless subsequently passed over his veto by a vote of at least four Councilmen on an aye and nay vote, duly recorded on the minutes of the City Clerk; but unless he shall file in writing with the Clerk of said city his veto of any measure passed by that body, with the reasons for withholding his assent within three days from its passage, the same shall become a law just as if signed and approved by said Mayor, but he may approve same and the measure go into effect immediately. Quorum. Veto. Section 22. Be it further enacted, That the Mayor or in his absence or disqualification the Mayor Pro-Tem., or in the case of the absence of both the Mayor and Mayor Pro-Tem., any Councilman of the City of McCaysville may hold and preside over a court in said city, to be called the Police Court, for trial of all offenders against the laws and ordinances of said city as often as necessary. Said court shall have the power to preserve order, compel the attendance of witnesses, compel the production of books and papers to be used as evidence, and punish for contempt. Said court shall have the power to punish all violations of the charter or ordinances of the city by a fine not to exceed one hundred

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dollars ($100.00), imprisonment in the city prison or the county jail, having previously arranged with the county officers, not to exceed thirty days, or to work on the streets in the city chain gang, or such other public places as the Mayor or Acting Mayor may direct, not to exceed thirty days; however, the punishment of confinement in the city or county jail and that of a sentence to work on the streets in the city chain gang shall not both be inflicted in any one case, and neither the punishment of confinement in the city or county jail and that of a sentence to work on the city chain gang on the streets of said city shall be inflicted except as an alternative upon failure or refusal to pay such fine as may be fixed by the Mayor or Acting Mayor; in addition to said above punishments such fines imposed by the Mayor or Acting Mayor may be collected by execution. Police court, jurisdiction. Section 23. Be it further enacted, That the Mayor or Mayor Pro-Tem., in case he shall be presiding, shall have the power in said Police Court, if the offense charged against the prisoner be beyond his jurisdiction, to examine into the facts of the case, and commit the offender or offenders to jail or bail them if the offense is bailable by a Justice of the Peace under the laws of this State, to appear before the Superior Court of Fanning County. Commitment. Section 24. Be it further enacted, That the Mayor and Councilmen of said city shall have the power to authorize by ordinance the Marshal or Policemen of said city to summons any or all by-standers to aid in the arrest of any person or persons violating any ordinance of said city, or any law of this State, and to provide a punishment for any person or persons failing or refusing to obey such summons. Aid of by-standers in making arrests. Sections 25. Be it further enacted, That it shall be lawful for the Marshal or any Policemen of said city to arrest without warrant any person or persons within the corporate limits of said city who at the time of said arrest or before

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that time have been guilty of violating any ordinance of said city, and at the time endeavoring to escape, and to hold such person so arrested until a hearing of the matter before the proper officer can be had, and to this end said arresting officers are authorized to imprison and confine any person arrested by them in the city prison or in the jail of Fanning County, for a reasonable length of time. It shall be lawful for the Marshal or any Policeman of said city to arrest without warrant any person of persons who shall be guilty of a violation of any of the laws and ordinances of the City of McCaysville, which violation takes place in the presence of the said Marshal or Policeman. The Marshal and Policemen of said city are authorized to the same extent as Sheriffs of this State to execute warrants placed in their hands charging any person or persons with violating the criminal laws of this State. The Marshal and Policemen of this city are also authorized to arrest anywhere within the limits of this State any person charged with violating any of the ordinances of the City of McCaysville; 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 of the corporate limits of said city, except in obedience to written warrant signed by the Mayor, Mayor Pro-Tem., or Acting Mayor. The City Marshal or any Policeman may take bonds for the appearance of any persons arrested by them, for appearance before the Police Court for trial, and all such bonds may be forfeited as hereinafter provided for forfeitures of appearance bonds by the Mayor or Mayor Pro-Tem. Arrest. State warrants, execution of. Section 26. Be it further enacted, That the Mayor and Councilmen of the City of McCaysville shall have power to organize one or more chain gangs or work gangs, and confline therein persons who have been sentenced by the Police Court of the City of McCaysville, to work upon the

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streets or public works of said city; and shall have power to make rules and regulations that may be suitable or necessary for the care, management or control of said gangs, and to enforce same through its proper officers. Chain gangs. Section 27. Be it further enacted, That the Mayor or the Mayor Pro-Tem., when any person or persons are arraigned before the Mayor's or Police Court, charged with a violation of any of the ordinances, resolutions, regulations or rules of said city, may for good cause shown by either side, continue the hearing to such time as the case may be adjourned to, and the accused shall be required to give bond and security for his appearance at the appointed time for trial, or be imprisoned to await trial. If such bond be given, and the accused fail to appear at the time fixed for the trial, the bond may be forfeited by the Mayor or Mayor Pro-Tem., and an execution issued thereon by serving the defendant, if any to be found, and his sureties with a rule nisi, at least two days before the hearing of the said rule nisi. The Mayor, Mayor Pro-Tem., or Acting Mayor shall also have power and authority to accept cash in lieu of bond and security for appearance of offenders for trial, and if such offender shall fail to appear at the time and place fixed for said trial, the cash so deposited shall be by order of the officer presiding, declared forfeited to the City of McCaysville. Appearance. bond. Section 28. Be it further enacted, That any person convicted before the Mayor, or other presiding officer of the Police Court, may enter an appeal from the judgment of said court to the Board of Councilmen; Provided, the appeal be entered within two days after the judgment complained of its pronounced; and provided further, defendant pays the accrued cost in the case and gives bond to abide the final judgment of the case, which bond must be approved by the Clerk or Marshal. The said Councilmen shall as early as practicable thereafter, hear and determine said

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case so appealed, and shall investigate the case as fully as if the same had never been tried; that is, de nove. They shall have the power, if they find the defendant guilty, to decrease the fine imposed by the Mayor and may increase it in their discretion. Any person convicted by the Councilmen on the appeal shall have right to certiorari to the Superior Court of Fannin County, provided all costs are first paid and bond and security given in double the amount of the fine imposed, to answer the final judgment rendered in the case; and provided, further, nothing in this section shall prevent the defendant who desires to appeal his case, as above provided, or to certiorari the same to the Superior Court, to file the usual pauper affidavit in lieu of either giving bond and security and the payment of the cost; and provided, further, the applicant failing to give the bond and security may, in the discretion of the Mayor, be placed in the city prison or county jail to await the final judgment of the appeal above mentioned. Nothing in this section shall be construed to prevent any person convicted of a violation of any ordinance of said city before the Mayor's or Police Court, from certioraring the proceedings directly to the Superior Court in all cases when certiorari will lie from the judgment of the Justice of the Peace in civil actions under the rules of law governing such cases. Appeal from judgment of police court must be made within 2 days. Certiorari. Paupers oath. Section 29. Be it further enacted, That all persons owning property in the City of McCaysville shall be required to make a return under oath, annually, to the Board of Tax Assessors of said city, of all their property, real and personal, subject to taxation by said city, as of April first of each year; and the books for recording same shall be open on April first and close on June first of each year. Said property shall be returned by the property owner on blanks furnished for that purpose, at the fair market value thereof. Tax returns. Section 30. Be it further enacted, That the Mayor and Councilmen of said city, within a reasonable time after the

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approval of this Act, and annually thereafter, on or before the first regular meeting in March, shall elect three upright freeholders residing in said City, who shall be citizens and qualified voters of said city, as a Board of Tax Assessors of said city. The Mayor and Councilmen shall fix the per diem compensation of said Tax Assessors, which shall not exceed the sum of three dollars ($3.00) per day for each tax assessor for each day actually spent in the performance of the duty of such assessor. Vacancies on said board may be filled by the Mayor and Councilmen as they occur during the year. Before entering upon the discharge of their duties, each assessor shall be sworn to faithfully and impartially perform the duties of said office. It shall be the duty of said tax assessors to assess the value of all real estate and personal property subject to taxation by said town, at its fair market value; and it shall be their duty to examine the tax returns made to them by property owners, and to increase the valuation of any real estate or personal property when in their judgment the value placed placed thereon in any return is too small. If any person or corporation fails or refuses to make return of any of his, her or its real estate or personal property, as 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. Said Board of Tax Assessors 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 Councilmen; when their return is made, said assessors shall appoint a time and place for the hearing of objections to their assessments, and they shall cause notice to be given to all persons whose property valuation has been raised or double taxes assessed against their property five days before said hearing, stating the time and place of hearing and the increase so made by said board. Residents of said city shall be served personally or by leaving notice at their most

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notorious place of abode; and the mailing of such notice five days before said hearing to a non-resident tax payer, with postage prepaid, to his last known address shall constitute legal notice to him. Board of tax assessors. Compensation. Duties. Section 31. Be it further enacted, That 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 Councilmen of said city, provided said appeal be filed in writing with the Clerk of said city 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 Councilmen at their next regular meeting, unless continued for cause, and their decision shall be final. The Mayor and Councilmen of said city shall have power and authority, after notice and opportunity for him to be heard, to raise the evaluation of any property, real or personal, of any tax assessor, if in their opinion it is returned and assessed below its fair market value. Appeal from ruling of tax assessors. Section 32. Be it further enacted, That the Mayor and Councilmen 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 33. Be it further enacted, That the Mayor and Councilmen of said city shall have power and authority to provide by ordinance when the taxes of said city shall fall due, and tax executions shall be issued against all persons who have not paid their taxes by the time fixed and defined by ordinance. All tax executions shall be signed by the Clerk

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and bear test in the name of the Mayor of said city; and the Marshal or other police officer of said city, the Sheriff, Deputy Sheriffs, and Constables of said State shall have authority to execute same by levy and sale as hereinafter provided in this charter. Taxes, when due. Section 34. Be it further enacted, That for the purpose of raising revenue for the support and maintenance of the government of said City of McCaysville, and for the ordinary current expenses thereof, the Mayor and Council shall have full power and authority for the assessment, levy and collection of an ad valorem tax on all real and personal property, including money, notes, bonds and other evidence of debt, money used in banking and every other species of property in said city owned or held therein, of not exceeding two dollars ($2.00) on the hundred dollars ($100.00) worth of taxable property, exclusive of the taxes for public schools as now authorized by law; and for the purpose of providing a sinking fund for the purpose of paying the principal of any bonds heretofore issued, or that may hereafter issue, by said city authorities and to provide a fund for the payment of the annual interest on said bonds a greater ad valorem tax may be levied and collected. Said Mayor and Councilmen shall have power and authority to provide by ordinance for the returns of all taxable property in said city, in accordance with the provisions of this charter, and to provide penalties for neglect or refusal to comply with the same. Provided, however, that said Mayor and Councilmen may provide for the retirement and liquidation of any bonded indebtedness of said city, both principal and interest, annually, by the assessment, levy and collection of a sufficient amount of money to retire and liquidate said bonded indebtedness as said principal and interest may become due and payable annually, this method to be used in lieu of a sinking fund, if said Mayor and Council so desire.

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Section 35. Be it further enacted, That the Mayor and Council of the City of McCaysville shall have full control over the streets, sidewalks, alleys and lanes of said city, 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 McCaysville, 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 McCaysville 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. Said Mayor and Council of the City of McCaysville 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, lands, alleys, sidewalks, or public squares of said city. Upon failure of the person or persons placing any of said obstructions upon said streets, lanes, alleys, sidewalks, avenues or public squares, 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. Said Mayor and Councilmen shall have full power and authority to regulate (except as such power may be restricted by an existing general law) the use of the streets, sidewalks and public grounds for signs, sign posts, awning, telegraph, telephone poles, racks and for carrying banners, hand bills and placards on the streets and sidewalks and public places of said city; and where any telephone, telegraph, power or electric poles have become a nuisance and interfere with traffic or travel on the streets, avenues, alleys, sidewalks or other public places of the city, also to compel any telegraph, telephone company, power or electric company

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having previously erected such poles and wires in said city, to remove same to any reasonable location designated by the Mayor and Councilmen, and in case said telegraph, telephone, power or electric company shall fail to remove same within thirty days after having been fully notified to do so, said city shall have the right to remove same at the expense of said company, and collect the cost of such removal from such company by execution. Ad valorem tax. Limitation. Tax returns. Bonded indebtedness, retirement of. Streets, etc., control over. Obstructions, removal of. Costs. Streets, etc., use of. Section 36. Be it further enacted, That the City of McCaysville is authorized to own and operate a system of waterworks for supplying water for all purposes to all persons, residents in said city, and to other persons as may be provided by ordinance. The Mayor and Councilmen shall have full power to make all rules and regulations for the management and operation of said water plant and to fix from time to time the rates charged for water with the right to classify said rates. Said Mayor and Councilmen 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 the penalty prescribed. Waterworks. Section 37. Be it further enacted, That said city of McCaysville shall also have power and authority to own and operate and control and regulate for the best interest of said city any other public utility, whether the same be electric light and power system, gas system, or any other public utility, of whatever kind or nature, and said city shall have full power and authority to condemn private property for such purposes, in accordance with the laws of this State, and to do all other things and acts necessary for the establishment and operation of such systems and public utilities, and to pass any and all ordinances necessary for the establishment, operation, regulation and control of such systems and public utilities. Public utilities, ownership of.

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Section 38. Be it further enacted, That the Mayor and Councilmen of said city shall have full power and authority to require any railroad company running railroads through said city, or any portion of it, to make and repair such crossings on their several roads whenever and in such manner as said Mayor and Councilmen may deem necessary; to replace or repair such crossings, or open up and keep open any and all streets in said city; and the Mayor and Councilmen may pass any ordinances needful for carrying out the provisions of this section, and in case any railroad company as aforesaid shall fail or refuse to make such crossings within five days, or to repair same within twenty-four hours after having been notified to do so by said city, the Mayor and Councilman shall have power to create and make same across such railroads and repair same at the expense of said railroads, and may issue an execution thereof, and levy and collect the same as provided in case of tax executions. Railroads. Section 39. Be it further enacted, That the Mayor and Councilmen of said city shall have the right and authority to provide for the inspection of steam boilers, to regulate and prevent the storage of gunpowder, tar, pitch, rosin, coal, benzine, naptha, nitroglycerine, turpentine, cotton, petroleum, kerosene oil, gasoline, dynamite or other combustible or explosive material or substance within the limits of said city; and to regulate the use of lights in stables and shops and other places, or building bonfires; to regulate or prevent the sale and use of fireworks, firecrackers, torpedoes, skyrockets, Roman candles, firing of guns, pistols, anvils and every kind of gaming or hunting within the corporate limits of said city. Explosives. Section 40. Be it further enacted, That said Mayor and Councilmen shall have full power and authority to require any person or firm, company or corporation, whether nonresident or resident in said city, who may engage in, prosecute

Page 1625

or carry on any trade, business, calling, vocation or profession within the corporate limits of said city, if not in conflict with the laws of this State, by themselves or by their agents, to register their names, calling, trade, vocation, business or profession annually, and to require said person, firm, company or corporation to pay for said registration and for license to prosecute, carry on or engage in such business, calling, trade or profession, such amounts as the Mayor and Councilmen may provide by ordinance. Said Mayor and Councilmen may provide by ordinance for the punishment of all persons, firms, companies or corporations required by ordinances to pay said taxes, or take out said license for same, who engage in or attempt to engage in such business, profession or occupation before paying such taxes or take out said license, or who fail to comply in full with all requirements of said ordinance made in reference thereto. License taxes. Section 41. Be it further enacted, That said Mayor and Councilmen shall have full power and authority to license billiard tables, pool tables, ten-pin alleys, and all tables kept and used for the purpose of playing, gaming or renting, all ten-pin alleys, nine-pin alleys, or alleys of any kind which are kept for the purpose of playing on, or for the purpose of running the same, all tables, devices, stands, or places for the performance of any game or play, whether played with sticks, balls, or rings, or other contrivances, and to charge for said license such sum as they may by ordinance prescribe. Amusements. Section 42. Be it further enacted, That said Mayor and Councilmen shall have full power and authority to assess taxes on all persons carrying on a brokerage business in addition to other taxes they may have paid. They shall have the power to license brokers in said city, define by ordinance their powers and privileges, revoke their license, impose taxes and exercise such superintendence as will insure fair dealing between them and their customers. Brokerage tax.

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Section 43. Be it further enacted, That the Mayor and Councilmen of said city shall have full power and authority to license, regulate and control all markets in said city, all taverns, hotels, boarding-houses, cafes, restaurants, saloons for the sale of creams, ices and such articles, all barber shops and beauty parlors, all oil-mills, ice works, laundries, waterworks, all opera houses, theatres, picture shows, drays, hacks, taxis, wagons, automobiles used for hauling of any kind, and vehicles used for hire, auctioneers, itinerant dealers, immigrant agents, all fire or life insurance companies doing business in said city, traders of all kinds, itinerant dealers in merchandise, itinerant dealers in jewelry and medicine except such as are exempted by the laws of this State. Also any person running a flying-jenny, flying-horse, merry-go-round, bicycle or skating rink and all circuses, side shows and all other shows or performances exhibiting in said city, and all persons, firms, companies or corporations selling goods, wares and merchandise by sample, advertisement or retail, or by wholesale, and all other businesses, callings or vocations which under the constitution and laws of this State are not exempt from license. Businesses, regulation of. Section 44. Be it further enacted, That at the first regular meeting of the Mayor and Councilmen in each year, said Mayor and Councilmen shall pass and adopt, as hereinbefore provided, a tax or license ordinance fixing a license for each of the businesses, occupations or professions, trades or vocations, which under the laws of this State are subject to municipal license, and fixing the amount of such tax or license, and may issue fi. fa. against the persons subject to such license, which fi. fa. shall become and constitute a lien on all property of the person liable for such license and shall have the same rank and be enforceable in the same manner as city ad valorem tax fi. fas. Any person, firm or corporation who shall commence, begin or engage in any business, occupation, profession, calling or vocation, for

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which a license is required by the City of McCaysville, without having first procured such license and complied with all other requirements of said City of McCaysville, relative thereto, shall be guilty of a violation of the city ordinance provided for such license or tax and, upon conviction thereof, in the Police Court of said city, shall be punished as provided in this Act, and each day that such person, firm or corporation shall prosecute, carry on or engage in any such business, profession, trade or calling without having first procured said required license shall be a separate and distinct violation of said license ordinance; and prosecution under this section shall not be a bar to the issuance by said city of fi. fas. against said person, firm or corporation, and the levy and sale of property belonging to such person, firm or corporation, thereunder, but may be in addition to the methods herein provided for collecting such tax or license. If any person, firm or corporation shall commence, begin or engage in any business, within the City of McCaysville, requiring a license, prior to May first of any year, the Mayor and Councilmen shall add the sum of twenty per cent, (20%) of the total amount of such license to such license fee, as a penalty for failure to procure same before May first; and if any person, firm or corporation shall, after May first of any year, commence, begin or engage in any business, within the City of McCaysville, requiring a license and shall operate same for a period of thirty days without procuring such license, the Mayor and Councilmen shall then add the twenty per cent, (20%) penalty above provided. The Mayor and Councilmen of said city shall have full power and authority to provide by ordinance, for the classification of all businesses, and to fix the license or taxes to be paid by the different classes of business, and all other rules and regulations necessary and proper in the premises. License tax on trades. Violation. Fi, fas. Penalty. Classification. Section 45. Be it further enacted, That the Mayor and Councilmen of said city may revoke the license of, and

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prohibit the operation of, any business or establishment for which a license may have been issued, in the event the same becomes a nuisance or is dangerous, hazardous or injurious to the health or morals of the inhabitants of said City of McCaysville, and in case of such revocation, no refund of any amount paid for such license shall be refunded. But no license shall be revoked without giving written notice to the person, firm or corporation holding such license, such notice stating the reasons why such license is being revoked, and affording such person, firm or corporation an opportunity to be heard on the question before said Mayor and Council, the said notice setting forth the time and place of the hearing on the revocation of such license. At said hearing the person holding said license, or the firm or corporation holding same, may submit to the Mayor and Council whatever evidence he may desire touching upon the question of the revocation of such license. The decision of the Mayor and Councilmen of said city, revoking any such license shall be final. Revocation. Notice. Hearing. Section 46. Be it further enacted, That the Mayor and Councilmen of said city shall have the power and authority to prevent horses, mules, cattle, hogs, sheep, dogs, goats and all other animals or fowls from running at large in said city, and to prevent and prohibit the keeping of hogs and goats within the city limits, or to regulate the manner in which they must be kept if allowed to remain. Also to impound such animal, or animals when found upon the streets of said city, and to charge such fees for same as they may prescribe, and in addition thereto charge for the keep of such animal or animals so impounded. Also when the owner or owners of such animal or animals shall fail or refuse to pay the impounding fee and cost of keeping said animal or animals, said animal or animals may be sold at public outcry and the proceeds applied to the payment of said fee and

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cost of keeping said animal or animals under such rules and regulations as may be prescribed by the Mayor and Councilmen. Animals running at large. Section 47. Be it further enacted, That the Mayor and Councilmen of said city shall have power and authority to condemn property for the purpose of laying out new streets and alleys and for widening, straightening and grading or in any way change the street lines and sidewalks of this city and when the power and authority granted by this section is exercised by the Mayor and Councilmen, it may be done, whether the land to be condemned is in the hands of an owner, trustee, administrator, guardian or agent in the manner provided by Sections 36-301 to 36-607, inclusive, of the Code of Georgia of 1933, and the Acts amendatory thereof. The Mayor and Councilmen shall have full power and authority to remove or cause to be removed any building, steps, fence, gate, post or other obstruction or nuisance in the public streets, lanes, alleys, sidewalks or other public places in said city, and to enforce the provisions of this Section by appropriate ordinance. Eminent domain. Section 48. Be it further enacted, That the City of McCaysville, by and though its Mayor and Council, is hereby authorized and empowered to establish and change the grade of any street, sidewalk, avenue, alley, lane or other public place in the said city of McCaysville, and to improve any street, sidewalk, avenue, alley, lane or other public place, or any portion thereof in said city, as hereinafter provided, by paving, repaving, curbing, guttering, macadamizing and draining the same, and with such other form of improvement as to them may seem proper, including the installation of manholes, catch-basins and drainage pipes, and to assess the cost of the same in the manner and proportions hereinafter set forth. Street improvements. Section 49. Be it further enacted, That one-half of the

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total cost of grading, paving, repaving or improving a sidewalk or any portion thereof in said city shall be assessed against the owners of the property abutting on the said sidewalk or portion thereof so paved, repaved, improved or reimproved, and the other one-half of such cost shall be paid by said city; provided however, that when said sidewalks in said city shall be paved, repaved, improved or reimproved along any street, avenue, alley, lane or other public place which is unpaved the curbing of such sidewalk, when it is necessary to use curbing, shall be deemed and considered as a part of such sidewalk and the cost of the same shall be assessed against the abutting property on the basis provided for in this section. All corners of sidewalks in said city, and the curbing thereon, shall, for the purpose of assessment, be deemed and considered as abutting on corner lots or tracts. Costs. Section 50. Be it further enacted, that two-thirds of the total cost of grading, paving, repaving or otherwise improving any street, avenue, alley, lane or other public place, or any portion thereof, shall be assessed against the owners of the property abutting on each side of the street, avenue, alley, lane or other public place, or portion thereof so paved, repaved, improved or reimproved, the other one-third of such cost to be paid by said city. Provided, however, that when any street, avenue, alley, lane or other public place in said city shall be paved, repaved, or otherwise improved, the curbing shall be deemed and considered as a part of such paving, repaving or otherwise improving the same and the cost of such curbing shall be deemed and considered as a part of the total cost of such paving, repaving, improving or reimproving and shall be assessed accordingly against the owners of abutting property as provided for in this Section. All necessary drains, manholes, catch-basins, drain pipes, including storm, water drainage and culverts, together with such engineering, surveying and grading as it may be necessary

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to do in or upon any street, sidewalks, avenues, lanes, alleys, or other public places shall be considered as a part of such paving or improving and the cost of the same, together with any and all other necessary expense incurred thereby, shall be deemed and considered as a part of the total cost of such paving or improving and shall be assessed accordingly against the owners of abutting property as provided for in this Act; provided, however, that the cost of the paving or the improving of a street intersection shall not be assessed against abutting property owners but shall be paid by said city. Assessment. Curbing. Drains. Intersection, city to pay for paving of. Section 51. Be it further enacted, That said Mayor and Council of said City of McCaysville shall have the power to enact all ordinances and to establish all such rules and regulations as may be necessary to require the owners of all property subject to assessment to cause to be put in, renewed, replaced, changed, altered or constructed, all water, gas or sewer pipe connections to connect with any existing water, gas or sewer pipes in and underneath the sidewalks, streets, avenues, lanes and alleys and other public places where such public improvements are to be made and all costs and expenses for making such connections and renewals or replacements shall be considered as part of the expense of paving said streets, sidewalks, avenues, lanes, alleys and other public places, and shall be included and made a part of the general assessment to cover the cost of such improvement and shall be taxed against the owners of such abutting property. Replacement. Section 52. Be it further enacted, That the assessment against each owner of abutting property under the provisions of this Act shall be pro-rated and the total amount of same shall be determined by computing the frontage of such owner together with the width of such pavement or improvement on the street, sidewalk, alley, lane, avenue or

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other public place directly in front of such owner of abutting property so paved, repaved, improved, or reimproved. Pro-rating of assessment. Section 53. Be it further enacted, That where a railroad company or other company, person or corporation has tracks on or across said streets or sidewalks so paved or improved, the company, person or corporation owning, operating or controlling the same under lease or contract shall be assessed for the cost of such paving, repaving, or improving so much of said street or sidewalk that lies within such tracks and for the full width of two feet on each side of said track. Railways, cost on. Section 54. Be it further enacted, That said City of McCaysville, by and through its Mayor and Council, may grade, pave, repave, improve or reimprove, widen, change or extend any of the sidewalks of said city including necessary curbing, drainage or guttering, whenever in its judgment the public convenience and welfare may require such improvements, and said Mayor and the Council may by ordinance provide for such improvements without a petition being first filed therefor as is required by this Act for the paving of streets, alleys or other public places. It shall not be necessary, unless the Mayor and Council should so desire, to advertise as is provided in this Act, for bids on sidewalks to be constructed, paved, repaved, improved or reimproved in said city where the said sidewalk is to be constructed along any unpaved streets, avenues or alleys, but said city may cause the said work to be done on such sidewalks in any manner it may designate by ordinance, without the letting of contracts therefor as is required by the provisions of this Act where a street abutting thereon is to be paved also, and the provisions of this Act as to assessments, and collection of same and the lien therefor shall apply as to such sidewalks so paved or improved. Where a sidewalk is to be paved, repaved, improved, or reimproved in connection with the paving, repaving, improving or reimproving

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of an abutting street, however, bids shall be received therefor and contract let as is provided in this Act for paving of streets. Repaving. Advertising not required. Repaving sidewalks, bids required. Section 55. Be it further enacted, That no street, avenue, alley, lane or other public place in said city shall be paved, repaved, or improved until the passage of an ordinance authorizing the same, and no such ordinance shall be passed unless said Mayor and Council shall have first been petitioned in writing to pave, repave or otherwise improve the same by a majority of the persons, companies or corporations (or the owner or owners of a majority of the major portion of the front footage of abutting property) subject to assessment as provided in this Act for the cost of paving, repaving or otherwise improving the street, avenue, alley, lane or other public place, or portion thereof, proposed to be paved, repaved or otherwise improved. Paving and repaving, ordinance. Petition. Section 56. Be it further enacted, That in determining the number of petitioners for any of the improvements under this Act each company or corporation shall be counted as one person, and a majority in interest of owner's undivided interests shall be counted as one person, provided, that in any case where the improvements are petitioned for the owner or owners of a majority of the front footage of abutting property such owner or owners shall be counted as the majority of the persons, companies or corporations subject to assessment for the improvement petitioned for. Allotment. Section 57. Be it further enacted, That the ordinance authorizing the paving, repaving, improving, or reimproving of any street, avenue, alley, lane, public place or sidewalk under provisions of this Act shall contain such information as shall be necessary to enable the preparation of the proper plans and specifications for the improvements proposed to be made; and pending the consideration of such ordinance an advertisement shall be inserted at least one time in the

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newspaper in said city, or which has a general circulation therein, in which the advertisements for Sheriff's sales in Fannin County are published before the final passage of such ordinance, such advertisement giving notice of the introduction of such ordinance, the sidewalks, streets, avenues, alleys, lanes, public places, or portions thereof to be paved, repaved or improved, and it shall state that the property owners or others interested are notified to appear at a meeting of said Mayor and Council to be held at the time stated in said advertisement and make any objections that they may desire to urge against the passage of such ordinance. Said meeting may be held at the time for the regular monthly meeting of said Mayor and Council or at any other time they may designate. Any number of streets, sidewalks, avenues, alleys, lanes or other public places, or parts thereof, may be included in one ordinance, but any protest or objection shall be made as to each street, sidewalk, avenue, alley, lane or other public place, or parts thereof, and each shall be treated and considered as a separate and distinct project. At the time named in said advertisement if any property owner or other person desires to make objection to the passage of such ordinance full opportunity shall be given at such meeting, and after hearing objections, if any are made, to the passage of such ordinance said Mayor and Council shall have the right and power in their discretion to order such paving, repaving or other improvements to be made, or they may decline to pass said ordinance. After the passage of such ordinance any person, company or corporation subject to assessment for the cost of such improvement who does not within ten days thereafter begin legal proceedings to prevent said assessment from being made shall be conclusively presumed to have accepted the terms of said ordinance, and shall have agreed that the assessment herein provided for may be made, and shall have also agreed that all preliminary requirements for the passages of said ordinances have been fully complied with by said Mayor and

Page 1635

Council, and said ordinance shall be held by the courts of this state to be conclusively valid and binding as against all such persons, companies and corporations subject to assessment as provided for in this Act. At any time after the passage of such ordinance that the Mayor and Council shall deem best they shall cause said improvements to be made. Advertising. Publication in county organ. Objections. Hearing. Presumption. Section 58. Be it further enacted, That said Mayor and Council may by ordinance provide such reasonable terms and conditions as they shall deem proper to impose with reference to the letting of the contract and the provisions thereof; and the said Mayor and Council shall by ordinance provide that the contractors shall execute to the City of McCaysville a good and sufficient bond, in an amount to be stated in such ordinance, conditioned for the full and faithful performance of the work and the performance of the contract and for the protection of said City of McCaysville and all property owners interested against any loss or damage by reason of the negligence of improper execution of the work; and may require a bond in an amount to be stated in such ordinance equal to at least twenty-five per cent of the total cost of paving for the maintenance and good condition of such improvement for the period of not less than five years from the time of its completion or both, in the discretion of the said Mayor and Council. Said ordinance shall also direct the Mayor and Clerk of said city to advertise for sealed proposals for furnishing materials and performing the work necessary in making such improvements. The notice shall be in such form as they deem best, but shall state what, if any, bonds will be required to be executed by the contractor aforesaid, and shall state the time when, the place where such sealed proposals shall be filed and when and where the same will be considered by said Mayor and Council. Said notice shall be published once a week for two consecutive weeks in some weekly newspaper of general circulation in said City of McCaysville. The right is hereby

Page 1636

expressly granted to the City of McCaysville to call for bids on different kinds of pavement at the same time, for the doing of the work with as many different kinds of pavement as they may stipulate. At the time and place specified in such notice the Mayor and Council shall examine all bids received, and without unnecessary delay award the contract to the lowest and best bidder for the kind of improvement and materials with which they decide the streets, sidewalks and other places shall be improved and who will perform the work and furnish the materials which may be selected and perform all the conditions imposed by the said Mayor and Council as prescribed in such ordinance and notice for proposals. The said Mayor and Council shall have the right to reject any and all bids and readvertise for other bids when any such bid is not in its judgment satisfactory. Contract, letting of. Bond. Sealed Proposals. Notice. Award to lowest bidder. Rejection of all. Section 59. Be it further enacted, That as soon as the said contract is let, and the cost of such improvement (which shall also include all other expenses incurred by the city incident to said improvements, in addition to the contract price for work and materials) is ascertained, the said Mayor and Council shall by ordinance direct their Consulting Engineer, or if they so desire, may appoint a committee, to appraise and apportion the cost and expenses of the same to the several tracts of land abutting on the said improvements as hereinbefore provided. Within fifteen days from the passage of such ordinance said Engineer, or committee, shall file with the Clerk of said city a written report of the appraisal and apportionment of such expense and cost, on the basis herein provided, to the several lots and tracts of land abutting on the said street, sidewalk, alley, avenue, lane or other public place so improved. When said report shall have been returned and filed the said Mayor and Council shall appoint a time for the holding of a session of Council or shall designate a regular meeting of Council for the hearing of any complaints or objections that may be

Page 1637

made concerning the said appraisal and apportionment as to any such lots or tracts of land abutting on said improvements, and notice of such session for the said hearing shall be published by the said Clerk of said city in one issue of some weekly or daily newspaper having general circulation in the City of McCaysville and said notice shall provide for the inspection of such returns by any property owner or other party interested in such return. The time fixed for said hearing shall not be less than five nor more than fifteen days from the date of the publication of the said notice. The said Mayor and Council at said session shall have power to review and correct said appraisal and apportionment and to hear objections to the same and to confirm the same either as made by said Engineer or Committee or as corrected by said Mayor and Council. The said Mayor and Council shall thereupon by ordinance assess the cost of said improvements as provided in this Act. This assessing ordinance shall thereupon assert a lien upon each portion of the property abutting on such paving, repaving or improvement for the amount of the assessment against the owner thereof to date back to the approval of the original ordinance providing for such paving and declare the same as of the date said original ordinance was passed. Such special assessment and the interest thereon are hereby declared to be a lien against the lots and tracts of land so assessed from the date of the original ordinance providing for such paving co-equal with the lien of other taxes and prior to and superior to all other liens against such lots or tracts and such liens shall continue until such assessment and interest thereon shall be fully paid. Provided, that each and every separate lot or tract shall bear alone its proportionate percentage of the assessment and no lien shall attach to any lots or tracts for the assessment against any other abutting owner. Apportionment. Report. Objections. Returns, examination of. Assessment. Lien. Liens, priority of. Section 60. Be it further enacted, That after the adoption of the ordinance provided for in Section Fifty Nine

Page 1638

(59) of this Act a written statement shall be furnished by the Clerk of the said City of McCaysville to each abutting owner, person or corporation subject to be assessed as herein provided for, showing her, his or its pro rata part of such assessment and it shall be the duty of such person, company or corporation so notified to pay the said Clerk within thirty days after the receipt of such statement the entire amount of the assessment against such person, firm or corporation. The notice of assessments herein provided for shall be served personally upon each of said property owners and upon each agent of such company or corporation residing within the limits of said city, or by leaving said notice at the most notorious place of abode of such persons or agents, and where such owner or agent is a non-resident of said city it will be sufficient service if said notice or statement be mailed to said property owner or agent at the last postoffice address of said owner or agent known to said Clerk. In the event such owner or agent is not known it will be sufficient to serve said notice upon any person in possession of the property against which such assessment is made. Service of such notices or statements may be made either by the Clerk or by the Marshal of said city. Statement of assessment. Service of notice of assessment. Section 61. Be it further enacted, That if any person or persons, company or corporation shall fail or refuse to pay to the Clerk of said City of McCaysville his, her or its assessment as required by this Act, at the expiration of thirty days after the service of a statement as provided in the preceding Section, said Clerk will be authorized to issue executions bearing test in the name of the Mayor and Council of said city and specifying the improvements for which it is issued against the owner and also the property of such owner abutting on the sidewalks, streets, avenues, alleys, lanes or other public places, or portion thereof so paved or improved, which execution shall be a lien against such property from the date of the ordinance authorizing such improvement

Page 1639

and bearing interest at the rate of seven per cent per annum from the date on which it was issued until paid. Said execution when issued shall be delivered to the Marshal of said city who shall levy the same upon the abutting real estate liable for such assessment and previously assessed for such improvements, and also after advertisement and other proceedings as in cases of sales for city taxes the same shall be sold at public outcry to the highest bidder; and such sale shall vest an absolute title in the purchaser subject to the right of redemption by the owner as is prescribed by the Code of Georgia of 1933 and Acts amendatory thereof, and said Marshal shall have authority to execute deeds to the purchaser when the property is sold and payment therefor is made and to put the purchaser in possession thereof. At any such sale the said City of McCaysville shall have the right to purchase any lands so sold as prescribed by the Code of Georgia of 1933 and Acts amendatory thereof. Failure or refusal to pay. Fi. Fa. Interest at 7 per cent. Sale. Section 62. Be it further enacted, That the Marshal of said city when so ordered by said Mayor and Council shall be authorized to transfer and assign any execution issued under the provisions of this Act and thereby vest the purchaser or the transferee with the same rights as to enforcing said execution and priority of payment as might have been exercised or claimed by said city before said transfer, and the city shall allow the use of its machinery of government for the collection of said executions. Transfer. Section 63. Be it further enacted, That the passage of the ordinance for paving, repaving or otherwise improving the streets, sidewalks, alleys, lanes or other public places, or parts thereof, in said city, together with the ordinance assessing the cost of the same and asserting a lien against the property abutting thereon shall, when properly entered on the minutes of the council, be notice of such lien from the date of the approval of such ordinance for such paving as full and complete as if the same were in the shape of an

Page 1640

execution and entered on the docket of the Clerk of the Superior Court of Fannin County, Georgia, under the general registration laws of this State. Notice Section 64. Be it further enacted, That any defendant in any such executions or owner of property against which the same is issued shall have the right to file an affidavit of illegality upon the ground that the same has issued, or is proceeding illegally, as provided by statute in cases of other execution, stating what amount, if any, is admitted to be due (which amount so admitted must be paid before said affidavit shall be received and said affidavit shall be received for the balance) provided, that any such defendant who has not within ten days after the passage of the ordinance authorizing such improvement begun legal proceedings to prevent the assessment for the cost thereof shall be presumed to have accepted the terms of said ordinance and agreed that the assessment be made and shall also have agreed that all preliminary requirements for the passage of said ordinance have been fully complied with by said Mayor and Council; otherwise the law relating to illegalities shall apply as in other cases. When the Marshal shall receive said affidavit of illegality as herein provided for, he shall return the same to the Clerk of the Superior Court of Fannin County, Georgia, where it shall be tried at the first term of the court under the statute of this State that is applicable to the trial of illegalities and subject to the penalties provided by statute where affidavits of illegality are filed for delay. Either party to such affidavit of illegality shall have the right of appeal to the Supreme Court as in cases of illegalities originating from executions issued by the Superior Courts of this State. In the event any special assessment shall be found to be invalid or insufficient, in whole or in part, for any reason whatsoever, the Mayor and Council may at any time in the manner provided for the

Page 1641

levying of an original assessment proceed to cause a new assessment to be made and levied which shall have like force and effect as an original assessment. Illegality. Return. Penalty. Appellate review. Second assessment. Section 65. Be it further enacted, That whenever the abutting landowners of any street, avenue, alley, lane or any other public place petition to have the same improved as provided in this Act, and where the State, or any of its political subdivisions thereof, is the owner of property on any of said streets, the frontage so owned is to be counted as if owned by an individual, and shall be likewise treated for the purposes of assessment, and where the State is the owner of the property the Governor is authorized to sign the petition provided for in this Act for and on behalf of the State; and where the county is the owner the Commissioner of Roads and Revenues of said Fannin County is authorized to sign on behalf of the county, and where the City of McCaysville is the owner the Mayor of said city is authorized to sign for and in behalf of the said city. State, or political sub-divisions, ownership by. Section 66. Be it further enacted, That the Mayor and Council of the City of McCaysville are authorized and empowered to call elections by the qualified voters of the said city, 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 city for the purpose of providing funds to pay the pro rata part, as designated in this Act, of the expense of paving, repaving, improving or reimproving any or all of the sidewalks, streets, alleys, avenues, lanes or other public places, or any portion thereof, in said city, for which said city would be liable under the provisions of this Act, and for the purpose of providing funds for the paving or improving of street intersections, and for the payment of the assessments against said city as provided for in this Act for which the city would be liable by reason of being the owner of land abutting upon any of the streets or sidewalks paved

Page 1642

or improved under the provisions of this Act, and for the purpose of providing funds for any other expense for which the said city would be liable, either in whole or in part, by reason of such paving or improving. Said bonds are to be issued under the general laws of the State of Georgia with reference to the issuance of bonds by municipalities and said Mayor and Council are authorized, empowered and required to levy and collect a tax annually, in addition to all other taxes authorized by law, upon the taxable property of said city, a sufficient tax and sum to meet, pay off and retire any such bonded indebtedness that may be incurred under the terms of this Act, according to the manner of the issuance of said bonds, and according to the terms, stipulations and tenor of said bonds, providing the sum raised for this purpose shall be used for no other purpose whatever. Election for bond issues. Issuance of. Section 67. Be it further enacted, That if the said Mayor and Council should deem it fitting and proper, they may provide in said assessment ordinance for street improvements that said assessment against the different tracts of land so assessed for the paving, repaving or otherwise improving of the streets, alleys, avenues, lanes and public places upon which such property abuts may be paid in ten (10) equal installments, which shall bear interest at the rate of seven per cent per annum until paid. Installment payments. Section 68. Be it further enacted, That, in the event that the Mayor and Council provide in said assessment ordinance for the paving, repaving or otherwise improving of any streets, lanes, alleys or public places in said city that said assessments against the property abutting on said streets, alleys, lanes or other public places so improved or reimproved shall be paid in ten equal installments, the first installment of said assessments, together with interest to that date upon the whole, shall be due and payable on the first day of September next succeeding the passage of said ordinance, and one installment with the yearly interest upon

Page 1643

the amounts remaining unpaid shall be payable on the first day of September in each succeeding year until all shall be paid; provided, that if such assessing ordinance shall be passed after the first day of August in each year, the first installment of such assessment and interest shall be due and payable on October first of the following year. Said ordinance shall also provide that the owners of the property so assessed shall have the privilege of paying the amounts of their respective assessments within thirty (30) days from the date of passage of said assessment ordinance. The owners of the property so assessed shall be allowed to make payment of their respective assessments without interest, within said period of thirty (30) days, to the Treasurer of the City of McCaysville. First installment, when due. Section 69. Be it further enacted, That, in the event the said Mayor and Council deem it fitting and proper and so provide in the assessment ordinance for street improvements that the assessments against property abutting on such streets, alleys, avenues, lanes or other public places shall be paid in said installments, the said special assessments and each installment thereof, and the interest thereon, are hereby declared to be a lien against the lots and tracts of land so assessed in the same manner and to the same extent as hereinbefore provided in this Act in Section 59 thereof, where provision is made declaring such street improvement assessments to constitute a lien against property so assessed where no provision is made for the payment of such assessments in installments. Lien. Section 70. Be it further enacted, That, in the event that the Mayor and Council provide in said assessment ordinance for the paving, repaving or otherwise improving of any streets, lanes, alleys, or public places in said city that said assessments against the property abutting on said streets, alleys, lanes or other public places so improved or reimproved shall be paid in ten equal installments, the said

Page 1644

Mayor and Council are hereby authorized and empowered to provide by resolution, after the expiration of thirty (30) days from the passage of the said assessment ordinance, for the issuance of bonds in the aggregate amount of such assessments against said abutting property remaining unpaid, bearing date fifteen (15) days after the passage of the ordinance levying the said assessments, and of such denominations as the said Mayor and Council may determine, which bond or bonds shall in no event become a liability of the Mayor and Council or the City of McCaysville issuing the same. One tenth in the amount of any such series of bonds, with the interest upon the whole series to date, shall be payable on the fifteenth day of October next succeeding year until all shall be paid. Such bonds shall bear interest at a rate not exceeding six per cent (6%) per annum from their date until maturity, payable annually, and shall be designated as Street Improvement Bonds, and shall on the face thereof recite the street or streets or part of streets or other public places for the improvements of which they have been issued, and that they are payable solely from assessments which have been levied upon the lots and tracts of land benefited by said improvements under authority of this Act. Said bonds shall be signed by the Mayor and attested by the City Clerk, and shall have the impression of the corporate seal of such city thereon, and shall have interest coupons attached; and all bonds issued by authority of this Section shall be payable at such place, either within or without the State of Georgia, and shall be sold at not less than par, and the proceeds thereof applied to the payment of pro rata share of expenses of such street improvements so assessed against the property abutting on such streets so improved, 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, in so far as said bonds will apply on such amount so due. Said bonds shall be registered

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by the Clerk of the city in a book to be provided for that purpose, and certificates of registration by said Clerk shall be endorsed upon each of said bonds. Bands, issuance of. Liability limited. Interest at rate of 6 per cent. City seal. Sold at par or premium. Registration. Section 71. Be it further enacted, That, in the event that the Mayor and Council provide in said assessment ordinance for the paving, repaving or otherwise improving of any streets, lanes, alleys or public places in said city that said assessments against the property abutting on said streets, alleys, lanes or other public places so improved or reimproved shall be paid in ten equal installments and bonds are issued in accordance therewith, as provided in Section 70 of this Act, the assessments provided for and levied under the provisions of this Act shall be payable by the person owning said lots or tracts of land as the several installments become due, together with the interest thereon, to the Treasurer of the City of McCaysville, who shall give the proper receipts for such payments. It shall be the duty of the Treasurer to keep an accurate account of all such collections by him made, and such collections shall be kept in special fund to be used and applied for the payment of such bonds and the interest thereon and the expenses incurred thereto, and for no other purposes. It shall be the duty of the Clerk of said city, not less than thirty days and not more than forty days before the maturity of any installment of such assessments, to publish in one issue of a weekly newspaper having a general circulation in said city, a notice advising the owner of the property affected by such assessment of the date when such installment and interest will be due, and designating the street, or streets, or other public places for the improvement of which such assessments have been levied, and that unless the same shall be promptly paid proceeding will be taken to collect said installment and interest; and it shall be the duty of said Treasurer promptly after the date of the maturity of any such installment or assessment and interest and on or before the fifteenth day

Page 1646

of October of each year, in case of a default of payment of any such installment or assessment with interest, to issue an execution against the lot or tract of land assessed for such improvement, or against the party or person owning the same, for the amount of such assessment with interest, and shall turn over the same to the Marshal or Chief of Police of the City of McCaysville or his Deputy, who shall levy the same upon the real estate liable for such assessment and previously assessed for such improvement; and after advertisement and other proceedings as in case of sales for city taxes, the same shall be sold at public outcry to the highest bidder, and such sales shall vest an absolute title in the purchaser, subject to the lien of the remaining unpaid installment with interest, and also subject to the right of redemption as provided by the laws of Georgia, and affidavits of illegality and other proceedings in said sales shall be the same as hereinbefore provided for the sale of property to satisfy street improvement executions. Sec. 70 applicable. Special fund. payments put into. Notice of due date. Default. Levy. Sale. Section 72. Be it further enacted, That if the said City of McCaysville has in its treasury a sufficient amount of money to pay for its pro rata share of the paving, repaving or otherwise improving of any streets, lanes, alleys, avenues or public places in said city, the Mayor and Council may, by appropriate ordinance, direct that such money be expended for the purpose of paying the pro rata share of said city for the expense of so improving such streets, avenues, alleys and public places and such expenditure shall be treated and considered as a current expense of the operation of said city, and this may be done without referring the question to the qualified voters of said city and without the necessity of any election to decide such question. City's pro-rata share, payment of. Section 73. Be it further enacted, That nothing herein contained shall be construed to prevent the Mayor and Councilmen of said city from proceeding under the provisions of Chapter 69-4, Sections 69-401-434, both and all

Page 1647

inclusive, of the Code of Georgia of 1933, referring to Street Improvements in Municipalities Having a Population of 600 or More, in the event such provisions shall be adopted by said city, after an election duly held, approving the same, in accordance with the provisions of said Chapter 69-4, and if such election should be held, and if a majority of the qualified voters voting in said election should vote in favor of the adoption of the provisions of said Act, any streets and sidewalks in said City of McCaysville may be improved in accordance with the provisions outlined in said Chapter 69-4, and if said Act is approved by such election, then the procedure outlined in the preceding Sections of this Charter for the improvement of streets shall be completely disregarded, and the provisions of Chapter 69-4 of the Code of Georgia of 1933, and Acts amendatory thereto, shall be followed exclusively for the improvement of streets and sidewalks in said city. Provision cumulative. Section 74. Be it further enacted, That the Mayor and Councilmen of said city shall have full power and authority to establish, construct and maintain and operate a system of sewerage and drainage, or parts of such system in said city, and around said city, for health and cleanliness and comfort of its inhabitants; and the said Mayor and Councilmen shall have entire and absolute control and jurisdiction over all said pipes, private drains and public sewers, private water-closets, privies and the like, in said city with full power to prescribe the location, structure, uses and preservation, and to make such regulations concerning them in all particulars as may seem best for the preservation of the health of the inhabitants of said city, with full power also to require changes in or the total discontinuance of any such contrivances or structures already in existence, or that may be hereafter allowed. When any system of sewerage or drainage shall be constructed by said Mayor and Council, or under their direction, assessments may be made and executions

Page 1648

may issue for the expense thereof; under the same rules and governed by the same provisions as assessments and executions for paving, grading or improving streets under this charter; and said assessments shall be a lien on the property so assessed, as provided in this Act for paving streets. And all the provisions of this charter in reference to making and enforcing assessments in paving streets and the amount thereof shall apply so far as they are applicable to constructing and maintaining sewers, and may be enforced by the Mayor and Councilmen by appropriate ordinances. Sewerage and drainage. Regulation. Lien. Enforcement. Section 75. Be it further enacted, That in case any sewer or sewers, or parts of same, shall be located upon or through private property and the owners of said property refuse to grant right of way for that purpose, and such owners and the authorities of said city cannot agree upon the damages to be paid for such easement, the damage shall be assessed as in cases of property taken for opening, straightening or widening streets under this charter. Upon the payment or tender of the amount of the award the work may proceed notwithstanding the entering of an appeal. Eminent domain. Section 76. Be it further enacted, That said Mayor and Councilmen may provide by ordinance for the execution of the provisions of these sections regarding sewerage, drainage and sanitation, except as to taking of private property for construction of sewers, by such boards, committees or officers as they may deem best. Execution of powers. Section 77. Be it further enacted, That for the purpose of preservation of the health of the inhabitants of said city, the Mayor and Councilmen are empowered to extend their system of sewerage or drainage beyond the limits of said city and the provisions as to the construction and maintenance of such sewerage system and the taking of property therefor shall apply to the territory without the limits of said city as may be necessary for the construction of said system. Extension beyond city.

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Section 78. Be it further enacted, That said Mayor and Councilmen shall have full power and authority to make assessments on the various lots of land and lots owners in said city for sanitary purposes, not to exceed two dollars per annum on each lot so assessed, and said Mayor and Councilmen are hereby empowered to collect the same by execution against the lots so assessed and the owners thereof; the amounts so assessed shall be a lien on the lot from the date of assessment. The execution shall be issued and enforced in the same manner that executions are issued and enforced in said city. The amount so collected shall be used for sanitary purposes only. The said Mayor and Councilmen shall have power to prescribe what shall constitute a lot for sanitary purposes and assessments; provided, no residence lot shall be less than 25 feet front; and no business lot shall be less than 20 feet front; and provided further, the assessments shall not be made on vacant lots nor residence lots subdivided. Sanitary assessment. Section 79. Be it further enacted, That jurisdiction of the Mayor and Councilmen and the territorial limits of the City of McCaysville are hereby extended for police and sanitary purposes, over all the lands that may hereafter be acquired by said city for waterworks, sewer and electric light purposes and waterworks or other stations and adjacent lands and the pipes and mains of said waterworks system, and they shall have full power and authority to provide by ordinances for the protection of the city waterworks system and the preservation of the purity of the water, and to provide penalties for the violation of said ordinances, and the enforcement of the same. The police officers of said city shall have the authority to arrest any person, or persons, violating said ordinances, wherever found, within or without the limits of said city. The Mayor and Councilmen of said city shall exercise jurisdiction and police authority over any territory it may own or control without the limits of said city for electric light plant, sewerage

Page 1650

or drainage, also, over the territory which may be hereafter acquired for city cemetery purposes and for a distance of two hundred yards in any direction from the boundary thereof, and shall have full power and authority to enact such ordinances and rules as they may consider necessary to protect these properties and grounds, as fully and completely as if the same were wholly located in the city limits proper, and the police officers shall have authority to make arrests of persons violating the same, wherever found, within or without the limits of said city. Jurisdiction over property used for utilities. Violation of ordinances. Section 80. Be it further enacted, That the Mayor and Councilmen shall have full power and authority to contract for or to condemn any water rights, land or premises within or without the city for the purpose of establishing and maintaining an electric light plant and waterworks system, or sewerage system, or any of them; provided, that if the right to condemn herein granted be exercised, all proceedings shall be under the provisions of Sections 36-301 to 36-607, inclusive, of the Code of Georgia of 1933, and Acts amendatory thereof. Condemnation. Section 81. Be it further enacted, That said Mayor and Councilmen shall have full and absolute control of all city pipes, sewers, private drains, water-closets and the like in said city, with full power to prescribe their location, structure and use, and to make such regulations concerning them in all particulars as may seem best for the preservation of the health and comfort of the inhabitants of said city. The said Mayor and Councilmen shall have full power and authority to prescribe the kinds of water-closets and urinals to be used in the corporate limits of said city, and shall have power to condemn and compel the disuse of same when they do not conform to the kind prescribed for use by the Mayor and Councilmen, or whenever they become a nuisance. They shall also have the power and authority to compel the owner to connect water-closets and urinals on the premises of

Page 1651

property owners with the sanitary system of the city, when such property is located on or near streets where there are such sewers and under such regulations and rules as may be prescribed by the Mayor and Councilmen, and said property owners who fail to connect any water-closet or urinals on the premises with the sanitary sewers of said city within the time prescribed by said Mayor and Councilmen, the Mayor and Councilmen may make such connections and assess the cost of said connection and fixtures and collect the same by execution issued by the City Clerk against said real estate, and which execution may be enforced in the manner prescribed in this Act for enforcement of executions in favor of said city. The Mayor and Councilmen are also empowered and authorized to compel the disuse of any outdoor toilet in the corporate limits of said city, and to order the owner thereof to remove same, and if said owner should fail to remove same after having been given reasonable notice so to do the Mayor and Councilmen may cause same to be removed and the expense thereof shall be charged to the owner of such toilet, and the Clerk of said city is authorized to issue an execution for the expenses of such removal, against such owner. Said Mayor and Councilmen may order the removal and disuse of any such outdoor toilet at any time when, in their judgment, such toilet becomes a nuisance or injurious to the health, comfort, convenience or well-being of the inhabitants of said city. Waterworks, regulation of. Section 82. Be it further enacted, That the Mayor and Councilmen of said city may by ordinance provide for a board of health, to consist of such number, to hold office such length of time, and to have such powers and duties as the Mayor and Councilmen may provide. It shall be their duty to meet as often as necessary, or as the Mayor and Councilmen may prescribe, and to visit every portion of the city, and to report to the Mayor and Councilmen all nuisances which are likely to endanger the health or the inhabitants thereof; said Mayor and Councilmen shall have

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power, upon report of said board of health to cause such nuisance to be abated, and the recommendation of said board to be carried out in a summary manner at the expense of the party whose acts or negligence caused said nuisance, or the party owning such property upon which same may be located, as the Mayor and Councilmen may elect, and execution may issue against said property to collect the expense of said removal of said nuisance, which may be collected by the Marshal and by levy and sale as other executions are collected. Board of health. Duties. Nuisances, abatement of. Section 83. Be it further enacted, That said Mayor and Councilmen shall have full power and authority to cause owners of city lots, and cellars, if same should prove a nuisance, or the board of health should recommend that said lots or cellars be filled or drained, to cause the owners to fill or drain said lots, or cellars to the level of the streets or alleys upon which said lots or cellars are located. That if the owners or occupants of the lots or cellars shall fail or refuse after notice, either to themselves or to their agents, as the Mayor and Councilmen may elect, to comply with the requirement of said Mayor and Councilmen, by draining or filling said lots or cellars, it shall be lawful for said Mayor and Councilmen, to have this work performed and the amount expended in doing so collected by execution, and the sale under such execution shall pass the title to the property. Cellars and lots, drainage of. Section 84. Be it further enacted, That said Mayor and Councilmen may be ordinance declare what shall be a nuisance in said city and provide for the abatement of the same. The Mayor's or Police Court in said city shall have concurrent jurisdiction with the Mayor and Councilmen of said city in respect to the trial and abatement of all nuisances in said city. Nuisances, abatement of. Section 85. Be it further enacted, That the Marshal and Policemen of said city shall have full power and authority

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to enter and if necessary to break open and enter any place in said city when the Mayor and Councilmen may have reasonable cause to believe, or may suspect to be blind tiger, or place where spirituous, vinous, malt or intoxicating liquors are sold, and to seize the stock of liquors and apparatus for selling same; and said Mayor and Councilmen shall have full power and authority to abate as a nuisance any place in said city when said Mayor and Councilmen shall have reasonable cause to believe to be a blind tiger, or place where spirituous, vinous, malt or intoxicating liquors are sold, and to arrest the offender, or offenders; and upon a conviction of a person for maintaining a nuisance, as above stated, and as punishment for same, said Mayor and Councilmen shall have full power and authority to cause said Marshal and Policemen of said city to seize and destroy the stock of liquors of said person and the apparatus for selling same, and otherwise punish said offender or offenders as may be prescribed by ordinance. Blind tigers. Seizure. Section 86. Be it further enacted, That said Mayor and Councilmen may enact any and all ordinances, rules and regulations necessary to lay out a fire district in said City of McCaysville, and enlarge, change or modify its limits from time to time, to prescribe when, how and of what materials buildings in said limits may be erected or covered, how thick the walls must be, manner in which the chimneys, stovepipes and flues shall be constructed, to change all things that they may deem necessary to protect said city as far as possible from danger from fire, and to prevent conflagration. They also have the power and authority to order changes in the construction of chimneys, stovepipes or flues, or the removal thereof, when in their judgment the same is dangerous or likely to become so, and make the owner or occupant of the premises pay the expenses of the same as they elect, which may be collected by execution; and if any person, firm or corporation shall erect any building

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which is not in accordance with the laws of said city, said Mayor and Councilmen may order said building removed, and if the person, firm or corporation shall not remove said building after notice to do so, then said Mayor and Councilmen shall have the power and authority to remove the same at the expense of the owner, which expense may be collected by execution as in other cases provided in this charter. Fire district. Construction of flues, regulation of. Section 87. Be it further enacted, That said Mayor and Councilmen shall have power and authority to enact ordinances for the purpose of preventing the spread of any contagious or infectious disease, to declare and maintain quarantine regulations against such diseases, and punish for violation of any quarantine regulation of said city. They shall have the power to build or establish a pest house outside of city limits, and for this purpose they are authorized to buy, hold or receive real estate outside of the city. They shall have the power to compel the removal to the pest house of any person or persons who have small pox or other contagious diseases when in their judgment it is best for the welfare and health of the city. They shall have power to compel all persons to be vaccinated, whether they be permanent residents or sojourners, and may provide vaccination points and employ physicians, at the expense of the city, to vaccinate all persons who are unable to procure such vaccination, and may provide by ordinance punishment for persons failing to be vaccinated. Quarantine. Rest house. Vaccination. Section 88. Be it further enacted, That said Mayor and Councilmen shall have power to protect all places of divine worship and cemeteries in said city, to provide places for the burial of the dead, either within or without the city limits, to regulate interments therein, and to expend annually a sufficient sum for keeping cemeteries in proper condition. Churches and cemeteries.

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Section 89. Be it further enacted, That the Mayor and Councilmen of said city shall have power to grant franchises, easements and rights of way over, in, under and on the public streets, lanes, alleys, parks and other property of said city. Franchises. Section 90. Be it further enacted, That should any person violate any of the ordinances of said city and escape from the jurisdiction thereof, he may be apprehended wherever he may be found, in this State, and the warrant of the Mayor or Mayor Pro-Tem. or Acting Mayor of said city shall be sufficient authority for his return and trial upon the charge resting against him, and should any person after trial and conviction of a violation of any ordinance of said city escape, he may be apprehended wherever found in this State, and the warrant of the aforesaid city officers, or either of them, shall be sufficient authority for his arrest and return; and all persons so escaping from the custody of the said city, or its officers, may be tried again for such escape, and punished not exceeding the penalties hereinbefore provided. Violation of ordinances and escape. Punishment. Section 91. Be it further enacted, That the Mayor and Councilmen of said city shall be empowered and authorized through a committee, or by themselves, in the discretion of said Mayor and Councilmen, whenever necessary, to examine into the working of and business of any officer, or conduct of any officer, and said committee, or Mayor and Councilmen conducting said examination, shall have power to send for persons and papers, compel the production of books and papers, compel the attendance of persons summoned, swear witnesses, and all disclocures pertinent to such investigation. Public officials, examination of affairs of. Section 92. Be it further enacted, That the Mayor and Councilmen shall have the power and authority to establish a fee bill for the officers of said city, such fees, when collected, to be paid in to the city treasury. Fees.

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Section 93. Be it further enacted, That the Mayor and Councilmen shall provide for a city prison which shall be safe and suitable for the keeping and detention of city prisoners and convicts, and may appoint a custodian for same. The Mayor and Councilmen may contract with the proper authorities of Fannin County for the use of the common jail of said county for this purpose. Prison. Section 94. Be it further enacted, That said Mayor and Councilmen shall have full power and authority to suppress lewdness and all immoral conduct, gambling and gambling places, and to preserve the sanctity of the Sabbath day, and to this end may enact such ordinance and provide such penalties as they think advisable to carry out the powers granted in this Section. Lewdness, suppression of. Section 95. Be it further enacted, That the Mayor and Councilmen of said city shall have power upon proper and sufficient proof of houses of ill fame, bawdy-houses, lewd or gaming houses or places, to abate the same by causing the occupants thereof to be forcibly removed, after three days notice, and any property owner or agent who shall rent or suffer the same to remain on the premises, shall, upon conviction before the Mayor, be punished as for a violation of the ordinances of the city. Abatement. Section 96. Be it further enacted, That all executions in favor of the City of McCaysville for the enforcement and collections of any fine, forfeiture, assessment, taxes or other claim, demand or debt, shall be issued by the Clerk and bear test in the name of the Mayor (except when otherwise provided by this charter), and shall be directed to the Marshal of said city, and all and singular the sheriffs and constables of said State, and shall state for what issued and be made returnable to the Mayor and Councilman of the City of McCaysville at least within ninety days after the issuing of the same; and it shall be the duty of the Marshal or collecting

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officer to advertise the sale of such real or personal property as may be levied on by him to satisfy said execution, in the same manner respectively as Sheriff's sales of real property or constables sales of personal property are required to be made by law. All of said sales to be made at the place and within the usual hours of sale of sheriffs and constables, and to be made under the same rules and regulations as govern sheriff's sales and constables sales of similar property; that the time, place and manner of sale of property, both real and personal, for taxes due, shall be the same as provided by law for sale under executions for State and County taxes. Whenever any land is sold for taxes, the owner thereof shall have the privilege of redeeming said property so sold for taxes by paying the purchaser the amount paid for said property at said tax sale, as shown by the recitals in the tax deed, plus a premium of 10 per cent of said amount for each year, or fraction of a year, which shall have elapsed between the date of sale and the date on which the redemption payment is made, said payment to be made to the purchaser at any time within 12 months from the date of said tax sale, and at any time thereafter until the right to redeem shall be foreclosed. All redemptions of land which has been sold for taxes due the City of McCaysville and the foreclosure of the right of redemption, and all other matters or things attending the redemption of land sold for taxes shall be governed by the laws of the State of Georgia, as embodied in Sections 92-8301 to 92-8314 of the Code of Georgia of 1933, and all Acts amendatory thereof. Whenever at any such sales for taxes due no person present shall bid for the property put up for sale as much as the amount of such execution for taxes and all cost, and after such property shall have been cried for a reasonable time, then any duly appointed or authoritzed agent of said city may bid off said property for said city, and the Marshal, or such other officer making the sale, shall make to the City of McCaysville a deed to the property so sold and deliver

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the same, and the title thus acquired by the city shall be perfect and complete after the period provided for the redemption of the owner shall expire, and after the foreclosure of the right to redeem, as above provided, and the Marshal, or other officer making the sale shall put the city in possession, and the Mayor and Councilmen of said city shall have no right to divert or alienate the title of the city to any property so purchased, except at a public sale to the highest bidder in such manner as may be prescribed by the ordinances of the City of McCaysville. The City Clerk shall keep an execution docket and shall enter thereon all executions, giving the date, amount of each, and to whom delivered, and all proceedings thereunder; said execution shall also be returned to the office of said Clerk after being satisfied. All sales and conveyances made under executions as provided in this section shall have all the force and effect of sales and conveyances made by sheriffs and constables of this State, and the officer making the sales shall have the same power as the sheriffs and constables to put purchasers in possession of property sold by them under the laws of this State. Executions. Advertisement. Sales. Redemption. Interest, premium. State law applicable. City may purchase. Execution docket. Effect of sales. Section 97. Be it further enacted, That said Mayor and Councilmen shall by ordinance provide for the form of all accusations, affidavits and warrants to be issued in all trials for violations of the city ordinances and laws of this State, and the procedure in such trials. Nothing in this section shall operate to repeal the ordinances of the City of McCaysville now in force prescribing the form of warrants, accusations and affidavits, but the same shall remain in full force and effect until the same are repealed or amended by ordinance duly adopted by the said Mayor and Councilmen. Accusations. Section 98. Be it further enacted, That said Mayor and Councilmen of the City of McCaysville shall have power and authority to acquire, on behalf of the City of McCaysville, by gift, purchase, lease or otherwise, grounds suitable

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for such park or parks as in their judgment may be to the interest and welfare of the citizens of said city. They shall have the power and authority to improve and keep up the same, and to this end may appoint such officers and employees as in their judgment may be necessary to carry out the purpose of this section. They shall have the right to draw on the ordinary expense fund of said city for said purpose. Parks. Section 99. Be it further enacted, That the Mayor and Councilmen of the City of McCaysville shall have the power and authority to adopt and enforce ordinances for said city to protect shade trees and public places places in said city and to prevent cutting, injuring or mutilation thereof by telephone and telegraph linemen, or others, unless the same is done with the consent and under the direction of said Mayor and Councilmen, or some officer appointed to direct the same. Said Mayor and Councilmen shall also have power and authority to order the removal of any tree in said city which, in the judgment of the Mayor and Council, impedes or hinders travel and traffic in said city. If, after reasonable notice to the owner of property in said city upon which said tree is located, such owner fails or refuses to remove said tree therefrom, the same may be removed by the Mayor and Councilmen at the expense of such property owner, and for such expenses of removal execution may issue against such property owner. Shade trees. Trees, removal of. Section 100. Be it further enacted, That the Mayor and Councilmen of the City of McCaysville may require and compel all male persons between the ages of twenty-one and fifty who have resided in the City of McCaysville as long as thirty days, except those who are exempted in Section 101 of this Act, to work upon the streets of said city not to exceed fifteen days in each year, at such time or times as the Mayor and Councilmen may require, or to pay a commutation tax in lieu thereof, not exceeding seven dollars and fifty

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cents ($7.50) in any one year, as said Mayor and Councilmen may determine by ordinance. Should any person liable to work the streets under this section fail or refuse to do so, or to pay the street tax assessed in lieu thereof, after having received due notice so to do, as said Mayor and Councilmen may require, shall be deemed guilty of a violation of this section, and on conviction in the Police Court of said city, shall be fined a sum not exceeding fifteen dollars or imprisoned in the city prison or by labor on the chain gang of said city not exceeding twenty days. Said Mayor and Councilmen may pass such ordinances as they may deem proper for the purpose of enforcing the provisions of this Section. Street tax. Section 101. Be it further enacted, That all ordained ministers of the gospel, who are in the regular discharge of ministerial duty, and in charge of one or more churches, and all men who have lost one arm or one leg; and all men who are either deaf, dumb or blind, either totally, or partially to the extent that they are unfit or unable to perform street work, shall be exempt from the street duty provided in Section 100 of this Act and such persons shall not be compelled to do such street work or pay such commutation tax. The question as to whether any male person either partially deaf, dumb or blind is unfit or unable to perform street work shall be left to the judgment of the Mayor and Councilmen and their decision on such question shall be final. Street tax, exemption from. Section 102. Be it further enacted, That the Mayor and Councilmen of the City of McCaysville shall have full power and authority to pass all laws and ordinances that they may consider necessary for the peace and good order, health, prosperity, comfort and security, of said city and the inhabitants thereof, and that may be necessary to foster virtue and good morals in said city; to suppress lewdness, gambling, disorderly conduct, and to enforce such laws and ordinances by such penalties as are authorized by this charter. The said Mayor and Councilmen shall have full power

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to adopt and enforce any and all ordinances they may consider advisable or necessary to carry out the powers granted to said city and said Mayor and Councilmen by this charter; to make and enforce such ordinances, rules and regulations for the government of their body, and all officers of said city, and to do any and all other Acts and exercise all other powers conferred upon them by this Act, or that may be done or exercised, under the laws of this State conferring powers upon municipal corporations provided said laws, ordinances, regulations and rules are consistent with the laws of this State. Police power. Section 103. Be it further enacted, That said Mayor and Councilmen shall have the power to control and regulate the running and operating of all locomotives, trains, street cars, automobiles, trucks, and all vehicles for the transportation of persons and freight; to regulate the speed of such vehicles in said city, and to prescribe for the punishment of violations of such regulations; to prevent unnecessary noise from locomotives, steam whistles, bells or other contrivances that may disturb the peace and comfort of the citizens, and to adopt the necessary ordinances for these purposes and penalties and enforce the same for violation thereof. Traffic regulation. Section 104. Be it further enacted, That the Mayor and Councilmen shall have power to pass ordinances and regulations preventing idleness and loitering within the corporate limits of the city, and to prescribe penalties for violations thereof. Vagrancy. Section 105. Be it further enacted, That in case the Mayor or any Councilman while in office shall be guilty of malpractice and wilful neglect in office, or abuse of the power conferred on him shall be subject to be impeached by the City Council, and on conviction shall be removed from office. Malpractice of city officials.

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Section 106. Be it further enacted, That it shall be the duty of the Mayor and Councilmen of said city to provide fire protection and they shall have power to organize and equip a fire department, either paid or volunteer, to make such appropriations as may be advisable for this purpose, and providing any buildings necessary therefor, and adopt such ordinances and regulations as will best promote the object of this section and the protection of property from fires. Fire department. Section 107. Be it further enacted, That the Mayor and Councilmen of said city shall have power and authority to impose a tax on dogs within said city, not to exceed two dollars each, and shall have power to enact ordinances providing for the collection of said tax, and authorizing the City Marshal and Policemen of said city to kill any dog or dogs running at large in said city whose owners refuse to comply with such ordinances. Dog tax. Section 108. Be it further enacted, That, after the passage of this. Act, the Act of the General Assembly of Georgia establishing an independent public school system for the City of McCaysville, approved August 20, 1913, and all Acts amendatory thereof, be, and the same are hereby expressly repealed, and from and after the passage of this Act an independent school system for the City of McCaysville shall cease to exist and the public schools of the City of McCaysville shall operate under the county school system of Fannin County. City school system abolished. Section 109. Be it further enacted, That the Mayor and Councilmen of said city shall cause to be codified all ordinances of said City of McCaysville, together with this Act, into one book to be known as The Code of the City of McCaysville, which book shall be constructed in a similar manner to the deed record books now being used by the Clerk of the Superior Court of Fannin County, Georgia,

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for recording deeds. Said Mayor and Councilmen shall, not later than the first regular meeting of the Mayor and Councilmen to be held in March, 1941, pass and adopt such code, as the Code of the City of McCaysville; and said code shall be admitted in evidence in any of the courts of this State upon the certificate of the Clerk of said City of McCaysville, certifying the same to be the code of ordinances and laws of said city. Code of ordinances. Section 110. Be it further enacted, That the Mayor and Councilmen of the City of McCaysville may, in the interest of public health, safety, order, convenience, comfort, prosperity, or general welfare, adopt by ordinance a plan or plans for the districting or zoning of the city for the purpose of regulating the location of trades, industries, apartment houses, dwellings or other uses of property; or for the purpose of regulating the height of buildings, fences or other structures, or the area of dimensions of lots or of the yards used in connection with buildings or other structures; or for the purpose of regulating the alignment of buildings or other structures near street frontages. Said Mayor and Councilmen shall have the power and authority to create and establish restricted zones or districts throughout the territorial limits of the City of McCaysville; to define the boundaries and limits of said districts; to define the character and kinds 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 uses and purposes specified, and to adopt rules and regulations for the enforcement of this Act. The zoning regulations may be based upon any one or more of the purposes heretofore above mentioned in this Section. The city may be divided into such number of zones, or districts, and such districts may be of such shape and area, as the Mayor and Councilmen of said city shall deem best suited

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to accomplish the purposes of the zoning regulations. In the determination and establishment of districts and regulations, classifications may be based on the nature or character of the trade, industry, profession, or other activity conducted or to be conducted upon the premises; the number of persons, families, or other group units to reside in or use said buildings; the public, quasi-public, or private nature of the use of the premises, or upon any other basis or bases relevant to the promotion of the public health, safety, order, morals, conveniences, prosperity or welfare of the inhabitants of the City of McCaysville. All such powers shall be exercised only in conformity with the Constitution and Laws of Georgia and the United States, at the time of the exercise of such powers, it being particularly intended to authorize said city to take advantage of any future constitutional amendments and/or amendments to general law and/or new laws with reference to the purposes of this Section. Said Mayor and Councilmen shall have the power and authority to pass all necessary and appropriate ordinances in exercising the powers conferred by this Section, and may prescribe such punishments as they see fit for the violations of such ordinances and of this Section, and any person who shall violate the provisions of this Section or of such ordinances shall be arraigned, tried and punished in the Police Court of said city, in accordance with the provisions and limitations of this charter; provided, however, that each day that any person shall violate the provisions of this Section or of such ordinances shall be deemed and treated as a distinct and separate offense and such violator shall be so punished. Zoning. Section 111. Be it further enacted, That said Mayor and Councilmen shall have power and authority to require any person, firm or corporation to obtain from said Mayor and Councilmen or a committee appointed by said body, a written permit to erect in said city any house, building or any

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kind of structure, before such person, firm or corporation shall be allowed to erect in said city such house, building or structure, and to provide for and regulate the type of application for such permits, and what information such applications for building permits shall contain, and said Mayor and Councilmen have power and authority to prohibit the erection of any building, house or structure within the corporate limits of said city unless such building permit is first obtained prior to the erection of such building, house or structure, and to provide for the punishment of violators of such rules, regulations and ordinances. Building permits. Section 112. Be it further enacted, That the Mayor and Councilman of said City of McCaysville shall have full power and authority to condemn private property for any public purpose, such as establishing public streets, sidewalks, parks, and playgrounds; for rights-of-way for any electric light, water supply, gas, or sewer line, or sewerage disposal plant; for sites for the building or enlarging of any public building, reservior, 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 city; and for any other public use what-soever, whenever same is necessary in their opinion. Whenever the Mayor and Councilmen 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 or executors, administrator or administrators, 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 of 1933, Section 36-301, et seq. Eminent domain. Section 113. Be it further enacted. That the Mayor and

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Councilmen of the City of McCaysville shall have power and authority to issue bonds for and in the name of said city for any of the following purposes, to-wit: For purchasing lands, buildings; erecting buildings; improving property; purchasing equipment; purchasing improvements; paying for condemned property taken for public use; for building, equipping, and maintaining waterworks, water supply systems, sewers and sewer systems, disposal plants, electric, power and gas systems and services, and electric light systems; for laying water-mains and sewers, paving, macadamizing, repairing, and improving the public sidewalks, streets, lanes, alleys, crossings and public places in said city; for fire protection, fire-fighting equipment and facilities, and for any and all public uses and purposes that may be needed for said city. Bonds, purpose of issuance. Section 114. Be it further enacted, That, before proceeding towards the issuing of bonds for any of the purposes named in the preceding Section, the Mayor and Councilmen shall prepare, or cause to be prepared by contract or otherwise, necessary plans, specifications, estimates of cost showing location, extent, cost and other information, all of which shall be on file and accessible to voters at least ten days before said bond election is to be held. The cost of preparing such plans, specifications and estimates of cost may be paid from current expense funds and/or from the proceeds of the bonds sold. Procedure. Section 115. Be it further enacted, That before any bonds of said city shall be issued for any of the purposes named in Section 113 of this charter, the Mayor and Councilmen of said city shall, by appropriate resolutions or ordinances direct and provide that such bonds shall be issued, and shall specify the purpose and amount thereof, the rate of interest to be paid annually, and when to be fully paid off, the place of payment and other terms and details thereof, and shall also in said resolution or ordinance

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call and provide for the holding of any election on the subject and for published notice thereof, as provided by the constitution and laws of this State. Such an election or elections may be called at any time or times, or from time to time, for issuing bonds for any one or more or all of the before-stated purposes, as deemed expedient by said Mayor and Councilmen; provided, always that the limits of the total bonded indebtedness of said city as fixed by the Constitution of this State, shall never be exceeded. Should the requisite number of qualified voters of said city, as prescribed by the Constitution and laws of this State, vote in favor of issuing bonds at any election called for by said be paid from current expense funds and/or from the pro-Mayor and Councilmen as hereinbefore provided, then and in such event said city's Mayor and Councilmen shall, at any time before the time of issuing the bonds authorized by such election, provide for the assessment, levy, and collection, during the life of said bonds, of an annual tax upon all property in said city subject to taxation, sufficient in amount to pay the principal and interest of said bonds. Any and all of the bonds and series of bonds issued by said city under the provisions of this charter shall become obligatory and binding upon said city and its taxpayers, with all the qualities of commercial paper; and said Mayor and Councilmen of said city are hereby authorized to negotiate and sell any of said bonds or series of bonds issued by said city, and the proceeds of such bonds when sold shall only be applied to the purpose or purposes for which they were respectively issued. All of said bonds, when issued, shall be signed by the Mayor and Clerk of said city. Bonds, specification. Election. Obligation of city. Section 116. Be it further enacted, That whenever any bonds are issued by said city, it shall be the duty of the Mayor and Councilmen of said city to provide a sinking fund to pay off the principal and interest of such bonds or series of bonds at their maturity. Sinking fund.

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Section 117. Be it further enacted, That the Mayor and Councilmen of said city shall have power and authority, when necessary to supply casual deficiencies in the revenues of said city, to negotiate a temporary loan or loans and execute a note or notes therefor in the name of said city, as may be provided by special resolution or ordinance for that purpose. Loans. Section 118. Be it further enacted, That said city, by and through its Mayor and Council, shall have full power and authority to acquire, construct, reconstruct, improve and extend revenue-producing projects and systems, to maintain and operate the same, to prescribe, revise, fix and collect rates, fees, tolls, and charges for the services, facilities and commodities furnished thereby and, in anticipation of the collection of revenues therefrom, to issue negotiable certificates payable solely from such revenues, to finance the cost of construction and operation of same and to exercise all the powers and authorities and to do all the things and acts authorized by the Revenue Anticipation Law of 1937, of this State, and Acts amendatory thereof. Revenue, producing projects. Section 119. Be it further enacted, That all ordinances heretofore adopted by the Mayor and Councilmen of the City of McCaysville, and which are now in force and which are not inconsistent with nor repugnant to this Act, and not in conflict with the Constitution of the State of Georgia or the Constitution of the United States, shall remain in full force and effect, provided, that said Mayor and Councilmen of said City of McCaysville may at any time repeal, alter or amend any of said ordinances. Existing ordinances. Section 120. Be it further enacted, That all Acts of the General Assembly of Georgia heretofore passed, incorporating the City of McCaysville, and all amendments thereto, and conferring powers on same, are hereby consolidated into and superseded by this Act, and all provisions of former

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Acts which are inconsistent with this Act are hereby repealed, and all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Prior acts. Section 121. Be it further enacted, That the Mayor and Council of said City shall have the power and authority to sell any property belonging to said city which shall have become unnecessary and useless for city purposes, and to make a good and sufficient title to the purchaser. However, in the sale of such property by the City the following procedure shall be followed: Before any such property shall be sold a resolution shall be passed and adopted by the Mayor and Council either in regular or special session, which resolution shall state that the property proposed to be sold is no longer necessary or useful for city purposes, and that it is expedient and beneficial to the city that the same be disposed of. Said property shall be sold only at public outcry to the highest and best bidder for cash on the regular sales day on which Sheriff's sales are held and after advertisement of said sale once a week for four weeks in the newspaper of said county in which the Sheriff's advertisements appear. Such sale shall be at the place and during the hours of Sheriff's sales in said County and the procedure of such sales shall be the same as provided for sales of property by a Sheriff. City property, sale of. Section 122. Be it further enacted, That in the event any article, section, paragraph or provision or provisions of this Act in whole or in part, or any isolated portion of this Act, or any provisions 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 McCaysville any powers or authorities in excess of any such permitted by the Constitution and Laws of Georgia, or the United States, then

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such powers or authorities given shall be construed to extend just so far as possible as not to exceed the said authority of the General Assembly. Constitutionality. Section 123. Be it further enacted, That the provisions of this charter shall become effective and in full force immediately after said charter is approved. Approved February 18, 1941. McRAE STREET IMPROVEMENTS. No. 454. An Act to amend an Act approved August 1, 1918, entitled An Act to amend by substitution an Act creating a new Charter for the City of McRae and to consolidate the Acts relating to the acts and powers of said Corporation, to enact amendments thereto, and for other purposes, as amended by an Act approved July 21st, 1925, and as amended by an Act approved March 31, 1926, so as to empower the City of McRae to pave, macadamize, drain, curb and otherwise improve any or all of the streets, sidewalks, footways, roads, lanes, alleys, public squares or other public places and highways, or any portion or portions thereof, within the corporate limits of the City of McRae, and to pay the cost and expenses thereof with any funds of the City of McRae that may be available therefor, and to levy taxes for such purposes on all the taxable property in the City of McRae. Section 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 1st, 1918, entitled An Act to amend by substitution an Act creating a new Charter for the City of McRae and to consolidate the Acts relating to the acts and powers of said Corporation, to

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enact amendments thereto, and for other purposes, as amended by an Act approved July 21st, 1925, and as amended by an Act approved March 31, 1926, providing for all of the cost of street improvements in said City of McRae to be apportioned and assessed against the abutting property and the owners thereof on each side of the street or the public thoroughfare to be paved, macadamized, or otherwise improved according to the frontage of said property thereon, be and the same is hereby amended by adding to Section 81 of said Act approved August 1, 1918, a subsection (a) as follows: Section 81 (a). The City of McRae is empowered further, in the discretion of the Mayor and City Council thereof, to pave, macadamize, drain, curb and otherwise improve any or all of the streets, sidewalks, footways, roads, lanes, alleys, public squares or other public places and highways, or any portion or portions thereof, within the corporate limits of the City of McRae, and to pay the cost and expenses thereof (or any portion thereof) out of any funds of the City of McRae that may be available therefor, in the discretion of the said Mayor and City Council, and is further empowered to annually levy taxes for such purposes on all of the property in the City of McRae. Act of 1918 amended. Sec. 81 (a) added. Authority to pave and improve streets. Expenses of payment of. Section 2. Be it further enacted that all laws and parts of laws in conflict with this Act or any portion thereof be, and the same are, hereby repealed. Repealing clause. Approved March 27, 1941. MENLO PAVING AND ASSESSMENTS. No. 176. An Act to amend the Act incorporating the Town of Menlo in the County of Chattooga, and defining the jurisdiction, powers and authority of its officers, (Georgia Laws 1903,

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pp. 588, 594), by vesting the Mayor and Council of said town with the power and authority to pave the streets and sidewalks of said town and to assess the cost thereof against abutting property owners; to provide for the collection of such assessments; and for other purposes. Be it and it is hereby enacted by the General Assembly of Georgia: Section 1. That incorporating the Town of Menlo in the County of Chattooga and defining the jurisdiction, powers and functions of its officers be and the same is hereby amended by adding at the end of Section 2 relating to the corporate powers of said town the following: The Mayor and Council of said town are hereby authorized and empowered to pave, or contract for the paving, grading, repairing, curbing, guttering or improvement of any street or sidewalk within the corporate limits of said town, and for the payment of the expenses of such work they are hereby authorized and empowered to assess the abutting property owners owning property upon any such street or sidewalk. The procedure to be followed in making such improvements and in assessing or collecting the costs thereof shall be the same as that provided in Chapter 69-4 of the Code of Georgia of 1933. Streets, paving and grading. Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. Repealing clause. Approved March 12, 1941. MILAM ELECTIONS AND LICENSES. No. 416. An Act to amend an amendment to an Act entitled An Act to amend and consolidate the several Acts incorporating the town of Milam in the Counties of Telfair and

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Dodge; to create a new Charter and municipal Government for the City of Milam: To provide an election and qualifications of officers for the City; and for other purposes, approved August 26, 1931, in the Acts of the General Assembly of Georgia, pages 901, 902 and 903, so as to provide for the election of a Mayor and five Aldermen; the election of a City Clerk; to fix the time and place of the elections; to provide for a Bond for said Clerk; to provide for the salary of the Mayor, the City Clerk, and the Compensation to be paid the Aldermen; to provide for the extension of the terms of the present Mayor and Aldermen; to provide for and fix the time for the payment of special licenses due the City; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the amendment amending the City Charter of the city of Milam, approved August 26, 1931, and contained in the Acts of the General Assembly of Georgia, pages 901, 902 and 903, be and the same is hereby amended as follows: Act of 1931 amended. Section 2. By striking Section Three (3) thereof on page 901 in its entirety and inserting in lieu thereof the following: The terms of the present Mayor and Aldermen of the City of Milam shall be and are hereby extended until their successors are elected and qualified at an election to be held on the second Monday in December 1941, when their terms of office shall expire and at which time a City Clerk, a Mayor and five Aldermen shall be elected by the qualified voters of said municipality, as provided in said charter; that their terms of office shall continue from said election for a period of one (1) year and until their successors respectively are duly elected and qualified; that said election shall be held hereafter in each year on the second Monday in December instead of the second Monday in July, as now provided; that said election shall be held in

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said City of Milam at the usual place of holding City elections, or such other place as the Mayor and Aldermen, or a majority of them, may designate by written notice posted on the door of the usual meeting place of said Mayor and Aldermen for five days next preceding the date of election on the second Monday in December in each year, including 1941, for the election of a Mayor, Aldermen, and a City Clerk, whose terms of office shall expire as heretofore specified. The polls of said election shall open at 10 A. M. and close at 4 P. M. Terms, extension of. Election. Where held. When held. Section 3. That Section Four (4) of the Act be stricken in its entirety and that the salary of the Mayor be restored to Two Hundred ($200.00) Dollars per annum, payable quarterly, as provided in the Acts of the General Assembly of Georgia of 1916, on page 801 thereof, Section Fourteen (14) of said Act. Salary. Section 4. That there be stricken from Section Five (5) of the Acts of the General Assembly of Georgia of 1931, as heretofore mentioned, the words and figures One Dollar ($1.00) wherever the same may appear, and inserting in lieu thereof the words and figures Two Dollars ($2.00). Sec. 5 amended. Section 5. That after July 1, 1941, the special licenses collected for said city of Milam shall become due and payable on January 1 in each year instead of being due and payable on July 1, as heretofore practiced. Special licenses. Section 6. That Section Seven (7) of the Acts of the General Assembly of Georgia of 1931, as heretofore mentioned, be stricken in its entirety and that there be inserted in lieu thereof the following: That the City Clerk of said city shall be paid an annual salary of One Hundred Fifty ($150.00) Dollars, the same to be paid quarterly. The qualifications of said clerk shall be the same as those of the Mayor. Such clerk shall give a good and sufficient bond in

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the sum of One Thousand ($1000.00) Dollars, with some reputable surety company, to be approved by the Mayor and Council, or a majority thereof, said bond to be conditioned for the faithful performance of his duties and the true accounting for all monies, books, accounts, property, and other effects of said city, going into his hands. City clerk, salary. Bond. Section 7. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 27, 1941. MONROE CHARTER AMENDMENTS. No. 10. An Act to amend an act approved December 3, 1896, providing a new charter for the City of Monroe, Georgia, and acts amendatory thereof, repealing certain provisions in said amended charter in regard to Mayor's court, so as to provide for the election of a Recorder by the Mayor and Council of the City of Monroe, providing for the election, terms of office, qualification and removal of said Recorder and fixing his salary for his services, defining the jurisdiction, rights, power and duties of said Recorder's Court, and what penalties may be imposed by it, providing for the substitution of the Recorder's Court for Mayor's Court and vesting all powers of the Mayor heretofore executed in reference to said Court in the Recorder's Court, and providing for the transfer of cases pending in Mayor's Court at the time of the passage of this act to the Recorder's 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 Section 41 of the charter of the City of Monroe, approved December 3, 1896, Acts 1896, page 220,

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of said charter, and amendments thereto, be and the same is hereby amended by striking out the last five words of said section, to-wit: and hold court of inquiry, so that said section when so amended, shall be as follows: Acts of 1896 amended. Section 41. Mayor, Powers of. That the Mayor shall be the chief executive officer of said City, and shall take care that the orders, by-laws, Acts, resolutions and regulations of the council are faithfully executed. He shall make and publish annually a full report showing the exact condition of the city, and of its finances, and shall require reports from the other officers of the city, showing the exact status of the affairs of each office. He shall have general jurisdiction of the affairs of said city; he shall have control of the police of said city, and may appoint special policemen whenever in his judgment it is necessary; and he shall have the same power as a justice of the peace to witness and attest papers, to administer oaths, to issue criminal warrants. Mayor, powers of. Section 2. Be and it is hereby enacted by the authority aforesaid, that said original charter of the City of Monroe be and the same is hereby amended by striking section 42 and 43 of said Charter as amended, Acts 1896, pages 221 and Acts 1898, pages 223, in their entirety and substituting in lieu thereof, new sections 42 and 43 as follows: Section 42. Recorder. Be and it is hereby enacted by the authority aforesaid, that the office of Recorder be, and the same is hereby created in and for the City of Monroe, Georgia. Said recorder to be elected by the Mayor and Council of the City of Monroe for a term of two years and until his successor is elected and qualified. Said Recorder to be elected at the first regular meeting of the Mayor and Council of the City of Monroe, after the passage of this act, to serve until their first meeting in January, 1943, and thereafter to be elected every two years at their first meeting

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in January. Any male person of said city, of good moral character, is qualified to hold said office, except the Mayor and members of the Council of the City of Monroe. Said Recorder may be removed by the Mayor and Council for misconduct or neglect of duty, as provided in case of other officers of said city. Before entering upon his duty, he shall take the same oath as prescribed for Mayor and Councilmen and shall receive as compensation for his services the sum of $20.00 per month. In the absence or disqualification of the Recorder, the Mayor of the City of Monroe shall hold said Court, and in the absence or disqualification of both the Recorder and the Mayor, the Mayor pro tem may hold said Court. Recorder. Section 43. Punitive Powers. Be and it is hereby enacted by the authority aforesaid that the Recorder shall have the authority to administer oaths, to issue criminal warrants, and to be Judge of the Police Court in and for said City, for the trial and punishment of all offenders against the laws and ordinances of the city. He shall hold police court as often as may be necessary for the purpose, and shall have power to preserve order, compel the attendance of witnesses, compel the production of material, books, papers, or documents to be used as evidence, and upon conviction of any person for a violation of any of the laws of said city, to sentence such person to labor on the streets, or any other works of said city, for a period not exceeding 100 days, or imprisonment in the city prison or other places of confinement in said city, for a period not exceeding 50 days, or to impose a fine not exceeding $100.00, either one or all of said penalties may be inflicted for any offense in the discretion of said court. Said Court shall have the power to punish for contempt by improisonment, not exceeding 20 days, or a fine not exceeding $10.00 either or both. The Recorder's court shall have all the authority heretofore vested by the original charter, as amended, in the Mayor's

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Court of said city, and all such powers heretofore vested in the Mayor by said charter, as amended, is hereby repealed and the same vested in the Recorder, and wherever the term Mayor appears in said charter, as amended, in connection with such duties, the word Recorder is hereby substituted in lieu thereof. All cases pending in Mayor's Court at the time of the passage of this Act shall be transferred to the Recorder's Court. Punitive powers. Section 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with the foregoing amendment, be, and the same are, hereby repealed. Repealing clause. Approved February 5, 1941. MOULTRIE CHARTER AMENDMENTS. No. 116. An Act to amend the Charter of the City of Moultrie, to fix the rights and duties of the Mayor and City Manager of said city, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act approved March 30, 1937, creating a new charter for the City of Moultrie, be and the same is hereby amended by striking all of Section 6 and substituting in lieu thereof a new section to be numbered Section 6, and to read as follows: Sec. 6, Acts of 1937 stricken. Section 6. Be it further enacted by the authority aforesaid that the Mayor shall preside at all meetings of the council and shall also have the powers and perform the duties imposed by this charter and the ordinances of the City. He shall be recognized by the courts for serving civil process and by the Governor for purposes of military law. He shall have no regular administrative duties but in time

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of public danger or emergency, shall, if so authorized and directed by vote of the council, take command of the police, maintain order and enforce the law. He, together with such others as the council may designate, shall execute such written instruments on behalf of the city as may be required by the council. He shall have the right to vote on any question in case of a tie vote, except in such cases as he is disqualified by interest or otherwise. In order to pass any ordinance or resolution, it shall require the favorable vote of three members of the council or the favorable vote of two members of the council and the Mayor, the Mayor voting only in case of a tie. Mayor, duty and powers. Section 2. Be it further enacted by the authority aforesaid that the Act approved March 30, 1937, creating a new charter for the City of Moultrie, be and the same is hereby, amended by adding a new section to be numbered Section 18 (c) (15), and to read as follows: Section added. Section 18 (c) (15). Said city manager shall not spend in any calendar month any sums in excess of the monthly budget as fixed by the council, at the beginning of each fiscal year, without the consent of the council. Said city manager shall exhibit to the council at the first regular meeting in each month all invoices to be paid, all contracts executed by him during the month, itemized payrolls for the month, and a list of employees hired or fired during the preceding month, for the inspection of the council. City manager, limitation on spending. Section 3. Be it further enacted by the authority aforesaid that the Act approved March 30, 1937, creating a new charter for the City of Moultrie, be, and the same is hereby, amended by striking Section 19 and substituting in lieu thereof a new section to be numbered Section 19, and to read as follows: Sec. 19 stricken. Section 19. Neither the council nor any of its committees or members shall direct or request the appointment of

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any person to, or his removal from, office by the city manager or any of his subordinates, or in any manner take part in the appointment or removal of officers and employees whom the city manager is authorized to appoint or remove. Provided, however, the Mayor and Council shall have the right to report to the city manager any misconduct or improper performance of duty on the part of any employee of said city; whereupon it shall be the duty of said city manager to investigate said complaint and report to the Mayor and Council promptly his findings and actions in the matter. If said city manager shall fail to investigate and report promptly to the Mayor and Council upon the making of such complaint, then the Mayor and Council shall have the right to cite said city manager to show cause why he should not be removed from office. Except for the purpose of inquiry, the council and its members shall deal with such officers and employees solely through the manager, and neither the council nor any member thereof shall give orders to any subordinate of the city manager either publicly or privately. Council members not to appoint or request. Section 4. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 26, 1941. NEWNAN MAYOR PRO TEMCOMPENSATION. No. 291. An Act to amend an Act entitled an Act to create a new charter for the City of Newnan, County of Coweta, approved December 8, 1893, by amending Section 19, by adding at the end of said Section 19, as amended, the following, to-wit: That the Mayor and Aldermen of the City of Newnan, in their discretion, may provide extra compensation for the Mayor Pro Tem of said City and for other purposes.

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Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that, from and after the passage of this Act, Section 19 of the said Act, creating a new charter for the City of Newnan, approved December 8, 1893, be and the said Section is hereby amended by adding as the end of the said Section as previously amended the following, to-wit: That the Mayor and Aldermen of the City of Newnan, in their discretion, may provide extra compensation for the Mayor Pro Tem of said City and for other purposes. Act of 1893 amended. That the said Section as amended shall read as follows: Section 19. Be it further enacted, that the Mayor and Aldermen shall have power and authority, and it shall be their duty to fix the salary of the Mayor and Aldemen, and of all other officers, agents and employees of said City, not herein before mentioned, and provided for; provided, that the salary of the Mayor shall not exceed $500.00 per annum, and the salary of the Aldermen shall not exceed $100.00 per annum; provided further, that the Mayor and Aldermen, may in their discretion, provide extra compensation for the Chairman of the Street Committee not to exceed $200.00 per annum and provided further that the Mayor and Aldermen, in their discretion may provide extra compensation for the Mayor Pro Tem of said City. Salaries of officials. Limitations. 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. Repealing clause. Approved March 24, 1941.

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PINE LAKE TAX ASSESSMENTS. No. 348. An Act to amend the Charter of the City of Pine Lake, in the County of DeKalb, as embodied in the Acts of General Assembly Special Session 1937-1938 page 1225 and as amended in the Acts of General Assembly 1939 page 1259, by authorizing the City of Pine Lake to provide for a Public Property Upkeep Tax, to repeal Section 22A. to raise revenues, 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 and amended by an act approved March 24, 1939, is hereby amended as follows: Act of 1937 amended. Section 1. Be it further enacted by authority aforesaid that Section 22A of the Acts of 1939 amending the acts of 1937-1938 creating and establishing the City of Pine Lake, be and the same is hereby repealed and the following is substituted therefor, to be known as Section 22A. New Sec. 22A Section 22A. Be it further enacted by the authority aforesaid for the purpose of raising revenue in order to maintain and care for proper sanitation, upkeep of parks, streets, public buildings, and all other public property within the city that the council of said city shall have full power and authority to prescribe for the assessment and collection of a tax upon each separate parcel of property, regardless of size, or number of lots, so long as said lots are joining or abutting each other, within the city limits of the City of Pine Lake, but not to exceed a total of $5.00 per annum per parcel for all of said purposes to be paid into the general fund. Provided that in the event any owner of any parcel shall erect any building other than one house, one privy and one garage or other houses such as tool sheds, storage or

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coal bins or any other building necessary to a residence on a parcel of property, or divide; sell or dispose of any portion of his parcel, an additional sum not to exceed $5.00 per annum per parcel may be assessed and collected for the purposes herein stated to be paid into the general fund. Taxes, assessment and collection. Upon the erection of any building or buildings other than those herein referred to, such buildings or building and the property on which the same are erected shall be constructed to be a separate parcel for the purpose of taxation under this act. Separate parcels. Any person owning several lots poining and abutting each other shall be construed to own one parcel unless said owner shall erect a building or buildings or divide, sell or dispose of any of said lots. Abutting owners. Section 2. 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. Repealing clause. Approved March 27, 1941. RIVERDALE ELECTIONS AND TERMS. No. 152. An Act To amend an Act to incorporate the town of Riverdale, in the County to Clayton, to prescribe its limits, to provide for a Mayor and Council of said town, and to prescribe their duties and powers and the manner of their election; to provide for the government of said town, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Acts of the General Assembly 1908,

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page 898, be amended and the same is hereby amended by striking the first sentence in Section 5 of said Act and substituting in lieu thereof the following language: Be it further enacted, that on the first Wednesday in April, 1941, an election shall be held in the council chamber of said town for a Mayor and Aldermen thereof, who shall hold their office until the second Wednesday in January, 1942. Thereafter said Mayor and Aldermen shall be elected annually on the second Wednesday in January and shall hold their offices until their successors are elected and qualified. So that said Section 5 when amended shall read as follows: Section 5. Be it further enacted, that on the first Wednesday in April, 1941, an election shall be held in the Council Chamber of said town for a Mayor and Aldermen thereof, who shall hold their offices until the second Wednesday in January, 1942. Thereafter said Mayor and Aldermen shall be annually on the second Wednesday in January and shall hold their offices until their successors are elected and qualified. All persons being eligible to hold said office who are qualified at the time to vote for members of the General Assembly of the State, and have resided in said town three months immediately preceding said election. All persons shall be qualified to vote for said officers who are qualified as above to hold the same. Such elections shall be held and conducted as are those for county officers, and the certificate of the managers shall authorize the persons so elected to enter upon the discharge of the duties of said offices, the returns of said elections being made to the Mayor and Aldermen of said town. In the event of a vacancy occurring in any of said offices, the same shall be filled as to the Mayor by the board of aldermen selecting one of their number to fill the unexpired term, and as to an Alderman by the selection of some fit and proper person of the town by the Mayor and remaining Aldermen. Act of 1908 amended. Election, where and when held. Section 2. Be it further enacted by the authority aforesaid,

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and the same is hereby enacted by adding a new section to said Act to be known and designated as Section 10A. Section 10A. Be it further enacted, that all the provisions of the charter of the town of Riverdale as approved by Acts of 1908 of the General Assembly, except as herein amended, shall be of full force and effect upon the approval of this Act. Sec. 10A added. 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. Repealing clause. Approved March 10, 1941. RIVERSIDE MAYOR AND ALDERMEN'S APPOINTMENT AND ELECTION. No. 240. An Act To amend an Act, approved August 22, 1907, contained in Georgia Laws 1907, pages 984, et seq., and entitled, An Act to create and incorporate the town of Riverside in Colquitt County, Georgia, and for other purposes, by naming the Mayor and Aldermen of said town, the offices of which are vacant, and by providing for the election of their successors, and for other purposes. Whereas, the offices of the Mayor and of all the Aldermen of the town of Riverside, in Colquitt County, Georgia, are vacant, because of the death or removal from said town of the last respective incumbents of said offices: Now, therefore, be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage and approval of this Act the Act approved August 22, 1907,

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incorporating the town of Riverside in Colquitt County, Georgia and appearing in Georgia Laws 1907, pages 894-897 be, and the same is hereby amended, as follows: Act of 1907 amended. Section 1. That J. A. Hegwood is hereby named, as the Mayor, and B. B. Wills, G. W. Mims and B. G. Jackson, Sr., are hereby named, as the Aldermen, of said town of Riverside, and that their respective terms of offices shall begin upon their taking the oath of office prescribed in said original Act of incorporation. The said J. A. Hegwood, as Mayor, and the said B. B. Wills, as an Alderman, shall hold their respective offices until their successors are elected at that election, required by the provisions of said original Act to be held on the second Monday of January, Nineteen Hundred and Forty-Three (1943), and have qualified; and the other two Aldermen, to-wit: G. W. Mims and B. G. Jackson, Sr., shall hold their respective offices until their successors are elected at that election, required by the provisions of said Act, to be held on the second Monday of January, Nineteen Hundred and Forty-Two (1942), and have qualified. Incumbents named. Section 2. That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Repealing clause. Approved March 24, 1941. ROCKMART CHARTER AMENDMENTS. No. 460. An Act to amend Section 3 and 18 of the act creating a new charter for the City of Rockmart, (Ga. Laws 1904, p. 593, 605), said Sections relating respectively to the election of a clerk and treasurer and to the powers of the mayor and council to grant franchises, by providing that the clerk shall be ex-officio treasurer of said city, and by

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authorizing the mayor and council to regulate taxi-cabs and other vehicles for hire; to grant franchises, fix fees, prescribe zones, standards of equipment and personnel, for persons, firms or corporations operating taxi-cabs or other vehicles for hire; to repeal conflicting laws; and for other purposes. Be it and it is hereby enacted by the General Assembly of Georgia: Section 1. That Section 3 of the act creating a new charter for the City of Rockmart, relating to the election of a city clerk and treasurer, be and the same is hereby amended by adding at the end of said Section the following: Sec. 3 amended. From and after the approval of this act, any city clerk hereafter elected by the mayor and council of the city of Rockmart shall be, ex-officio, the treasurer of said city, and shall perform all the powers, duties and functions of said treasurer. Treasurer ex-officio. Section 2. That Section 18 of said act relating to the power of the mayor and council to grant franchises be and the same is hereby amended by adding at the end of said Section the following: Sec. 18 amended. The mayor and council shall also have the power and authority to regulate taxi-cabs or other vehicles for hire which operate within the incorporate limits of said city, or use the streets of said city. In the exercise of this power, said mayor and council may by proper ordinance, rule or regulation, grant franchise, fix the rates or charges for persons, firms or corporations operating taxi-cabs or other vehicles for hire in said city, and prescribe zones, standards of equipment and personnel to govern the same; and may prescribe penalties for the violation of said ordinances, rules or regulations and provide for the enforcement of said ordinances, rules or regulations. Taxi-cabs, regulation of.

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Section 3. All laws or parts of laws in conflict with this act are hereby repealed. Repealing clause. Approved March 27, 1941. ROCKMART LIMITS EXTENDED. No. 460. An Act to amend an Act of the General Assembly of Georgia creating a new charter for the City of Rockmart in the County of Polk, approved August 15, 1904 (Georgia Laws 1904, pp. 593-605), and the several Acts amendatory thereof, so as to enlarge and extend the corporate limits of the City of Rockmart by incorporating additional and contiguous territory therein; 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 approved August 15, 1904 (Georgia Laws 1904, pp. 593-605), creating and establishing a new charter and municipal government for the City of Rockmart in the County of Polk, and the several Acts amendatory thereof, be and the same is hereby amended so as to enlarge and extend the corporate limits of said City of Rockmart by including therein additional and contiguous territory as follows: Act of 1904 amended. That area and territory located on the North side of the City of Rockmart, as indicated by dotted line on the plant of the survey of L. C. Hulsey, City Engineer, of February 24, 1941, said plat being of record in the office of the City Clerk of the City of Rockmart, the same being on the North Side of said dotted line as shown on said plat; being more particularly and minutely described as follows: Beginning where the present City Limit line intersects the western

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property line of the Goodyear, Clearwater Mills on the north side of C Street as shown on Goodyear property may or Hunter Street as shown on the City of Rockmart Plat; thence running north along the western line of Goodyear Mills 738 feet to the intersection of said line with the west side of the Rockmart-Rome Highway; thence running along the northwest side of said highway right of way 392 feet to the northeast corner of the property of C. Lowery and the intersection of land lot line between lots 719 and 722; thence running west along the said land lot line 978 feet to the west side of Forrest Street; thence along the West side of Forrest Street 1828 feet to the present City Limit line at the intersection of Heard and Forrest Streets; thence running east and north along the present City Limit line to the point of beginning. North Side extension, description of. Section 2. That said Act be and the same is hereby amended so as to extend the corporate limits of said City of Rockmart on the South side of the present corporate limits of said City, as follows: Starting at a point on the South side of the present City Limits of said City, 210 feet East of the East side of State Highway No. 6, known as Piedmont Avenue; thence running due South 197 feet; thence West to the corporate limit line of the Town of Vanwert; thence Northwest along the corporate limit line of the Town of Vanwert a distance of 125 feet, more or less, to the Southwest corner of Henry Nichols' property; thence due north 100 feet to the present corporate limit line of the City of Rockmart. The aforesaid boundaries to encircle and include the property of Holloway Garner, Jewel Smalley and Henry Nichols. Southside extension, description of. Section 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Repealing clause. Approved March 27, 1941.

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ROME CHARTER AMENDMENTS. No. 329. An Act to amend an Act entitled An Act to Amend an Act Creating a New Charter and Municipal Government for the City of Rome; Define the Corporate Limits Thereof, to Repeal All Former Charters and All Laws in Conflict Therewith, as approved August 19, 1918, and the laws amendatory thereof; and for other purposes', said Act to be amendel having been approved December 21, 1937; and for other purposes. Be it Enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That Section 9 of said Act approved December 21, 1937, amending the charter of the City of Rome be and the same is hereby amended by striking therefrom the third sentence therein, which reads as follows, to-wit: Act of 1937 amended. The decision of the board thereon shall be given in writing to the accused, and a copy thereof filed with Clerk of the Rome City Commission., and inserting in lieu thereof the following words and symbols, to-wit: The decision of the board thereon shall be rendered in writing, dated and filed with the Clerk of the Rome City Commission, within ten (10) days after the conclusion of the hearing., Board, decision of. and by adding at the end of such section the following words and symbols, to-wit: In case of suspension or discharge of the accused by the board, the accused shall have the right of certiorari to the Superior Court of Floyd County as is provided by the laws of Georgia. Certiorari.

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So that said Section 9 as amended shall read as follows, to-wit: Section 9. No member of the fire or police department shall be removed or discharged, nor shall the chief of the fire department or the chief of the police department be removed, discharged or demoted except for cause upon written charges or complaint and after an opportunity for an open public hearing in his own defense by the Civil Service Board. Such charges shall be served upon such person at least five days before the date fixed for such hearing. Such charges shall be investigated by and before the Civil Service Board after service upon the person charged with a copy of the charges, as herein before provided. The decision of the board thereon shall be rendered in writing, dated and filed with the Secretary of the Rome City Commission within ten (10) days after the conclusion of the hearing. In all proceedings before the Civil Service Board the city attorney shall appear and represent the interest of the city when ordered to do so by the Civil Service Board. The person against whom charges are preferred shall have the right to employ counsel to represent him on the hearing before said board. Said board shall have power to subpoena witnesses, both in behalf of the city and of the accused, and to require the production of any books, papers or records material to the issues of said case, by subpoena to be issued in the same manner as subpoenas are issued by the Recorder's Court of the City of Rome, signed by the Chairman of said board, and said board shall have power to punish for contempt by a fine not exceeding $10.00 or imprisonment not exceeding five days any person wilfully failing or refusing to obey such subpoena. In case of suspension or discharge of the accused by the board, the accused shall have the right of certiorari to the Superior Court of Floyd County as is provided by the laws of Georgia. No discharge except for cause.

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Section 2. That all laws and parts of laws in conflict herewith be and are hereby repealed. Approved March 27, 1941. SANDERSVILLE CITY CHARTER. No. 39. To be entitled an Act To Amend, Consolidate and Supercede The Several Acts, Incorporating The City of Sandersville, In the County of Washington and in the State of Georgia; to create a new Charter and a municipal government for said city; to re-incorporate said city under that name of The City of Sandersville; to re-enact with certain changes, continue in operation, confirm, consolidate and Amend All Acts, particularly the Act approved August 18, 1919, 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, continued of force and remain valid and binding until same are repealed and amended; to consolidate into one Act, with such changes as may become necessary or proper, and with certain additions and amendments, all the Acts constituting the Charter of The City of Sandersville and relating to the powers, duties, and rights of said corporation; to declare and constitute the rights and powers of said corporation; to provide the rights, duties and powers 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 a 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 qualifications of all electors therein and for the keeping of registration

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records and conducting elections and contests thereof; to provide for a Police Court and trial and conviction 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 keeping in a sanitary and healthful condition all lots, lands and buildings and to provide penalties for failure to do so; to authorize said city to maintain and operate a system of water works and sewers; to own and maintain and operate an electric light system; to authorize to maintain, own and operate a municipal ice plant; to authorize the city to borrow money, to authorize said city to own, maintain and operate any other public utility; to authorize said city to hold elections for the issuance of bonds for said purposes and other improvements; to issue evidence of indebtedness for like purposes; to provide for parks and park commissions; to provide for air ports; to regulate cemeteries; to grant and regulate franchises; to provide for streets, avenues, lanes, alleys, sidewalks, crossings, ditches, drainage, and for the laying out, operating, grading, working paving and curbing of the same and the payment of the cost thereof; to provide for the opening of all streets, avenues, alleys, and squares; and for assessments of abutting property owners for such improvements; to provide for a division of the expenses of laying out, opening, paving and curbing of said streets, alleys crossings, avenues, squares, sidewalks, between property owners and said city; to provide a levy of taxes therefor and the creation of a lien against the property affected by such improvements and the apportionment of the costs; to provide for the proper condemnation of the property for public use; to provide methods and subjects of taxation, property license, specific and occupational license for the city and to empower proper officials to levy and collect said taxes; to provide for returns thereof, assessment and re-assessment; to provide

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a manner and method of collecting taxes; to provide for appeals from assessments for taxes, and claims and illegalities; to provide for commutation tax; to provide for registration and permits of all persons, transacting any business within said city; to grant encroachments on the streets; to provide for connection of all sanitary units, to provide penalties; to provide the manner in which the city shall do said work and hold and enforce a lien therefor; to provide for general policing and all police law and general welfare of the citizens and inhabitants of the city; to provide for all matters and things necessary and proper and incident to a municipal corporation and the inhabitants and welfare thereof; to provide for zoning laws; to provide all powers over sanitation; to provide for the control of domestic animals; to provide general police powers; to provide for fire and other limits and districts construction of buildings and permits; to provide that all valid contracts of City of Sandersville shall into which the city has heretofore entered shall be after passage of this Act valid, subsisting contracts, that all property owned by said city at time of this Act shall remain the property of said city. To authorize the passage of all necessary, proper or incidental ordinances, resolutions, regulations and orders; to establish and maintain educational facilities; to provide for all matters of municipal concern and cognizance; to provide for all matters and concern and things necessary proper and incident to a corporation. Section 1. Territory: Be it Enacted by the General Assembly and It is Hereby enacted by authority of same that the territory, with inhabitants within the same in that part of said Washington County, Georgia, extend one mile and a half mile from the center of the court house lot in the City of Sandersville, Washington County, Georgia, in every direction, North,

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East, South and West, is hereby incorporated under the name and style of The City of Sandersville. Territory. Section 2. Mayor and Aldermen. City Council Powers: Be it further enacted by the authority aforesaid that the municipal government of The City of Sandersville shall consist of a Mayor and Five Aldermen, who thereby constitute a body corporate under the name and style of The City of Sandersville and these the Mayor and Five Aldermen, when in convention on business of said city constitute the City Council and by that corporate existence shall have perpetual succession; they shall likewise have a common seal, and be capable in law and inequity to purchase, hold, receive, enjoy, possess, and retain to them and their successors for the use of the City of Sandersville, any real or personal estate of whatever kind or nature within jurisdictional limits of said city, and by the same name shall be capable of sueing and being sued in any court of law or equity in this state, and shall succeed to all the rights and liabilities of the present corporation of Sandersville; to have and to hold all property now belonging to the city in its name or in the name of others, to the use of said city for the purpose and intents for which the same was given, given, granted or dedicated or purchased. Said Mayor and Aldermen shall have the right to use, manage, improve, sell, convey, rent or lease the said properties, and shall succeed to all the rights, powers and privileges immunities and liabilities of the present corporation. They shall have the power to borrow money and give evidence of indebtedness for the same, to issue bonds from to time, to do and perform all and every act or acts necessary and incidental to the raising of funds for legitimate use of said city. They shall have the right, power and authority to govern themselves by such laws, by-laws, rules, regulations, ordinances, other orders and laws, as they may deem proper. Mayor and aldermen, city council powers.

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Section 3. Mayor and AldermenPowers: Be it further enacted by the authority aforesaid that the Mayor and Aldermen shall constitute the City Council and a legal department of said city and as such shall have full power and authority from time to time to make laws, rules, bylaws, ordinances, regulations and orders as to them may seem right and proper relating to drainage, ditches, bridges, streets, railroad crossings streets railways, automobiles, bicycles, carriages, drays, hacks, wagons, livery stables, sales stables, warehouses, storehouses hitching places, markets, slaughter houses, sleeping apartments, restaurants, cafes, opera houses, picture shows, and all other kinds of shows and circuses, dance halls, skating rinks, bowling alleys, billiard rooms and all other places of amusement, garages, shops, mills, ginneries, factories, barbershops, soda founts, beer saloons, telegraph and telephone companies, gas companies, water and light and electrical companies, booths, stands, tents, stores, business houses, filling stations, common carriers, all sales and displays in said city, and all matters and things whatsoever that may be considered necessary or proper, or necessary, or incident to the good government of said city, and to the peace, security, health and happiness, welfare and protection of the inhabitants of said city, for the preserving of the peace, good order and dignity of said government. The enumeration of powers shall not be considered restricted to said powers alone, but shall include all and every other thing incident to municipal government by this Act or Acts heretofore passed but shall be construed in addition to and in aid of such other powers that are not referred to in this Act. Mayor and aldermen, powers. Section 4. Mayor, Aldermen, Treasurer, Elected When: Be it enacted by the authority aforesaid that on the last Wednesday in August 1941, and every two years thereafter, an election shall be held, at which election, a Mayor, Five

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Aldermen and a Treasurer, all of whom shall take office on the first Monday in September 1941 and two years thereafter at same time, and who shall hold office for two years and until their successors are elected and qualified. An election for these officers shall be held bi-annually on last Wednesday in August and shall take their offices on first Monday in September following such elections. Mayor, Aldermen, Treasurer, elected when. Section 5. Candidates for Office, Qualify, When, How: Be it further enacted by the authority aforesaid that all candidates in such elections shall file with the Clerk of the City at least fifteen days prior to said election, a written and signed notice of his intention to offer for a named office. The City Clerk shall keep a record of such qualifications. No persons shall be candidates for any office who do not qualify according to the requirements of this Charter. Said City Clerk under direction of the Mayor and Aldermen shall have ballots prepared and this shall be the official ballot and no other ballot shall be legal or used. Candidates, qualifications. Section 6. Mayor and AldermenOath: Be it further enacted by the authority aforesaid that said Mayor and Aldermen, before entering upon their duties, shall before some officer authorized to administer oaths, take and subscribe the following oath: I solemnly swear that I will to the best of my skill and ability perform my duties as (Mayor or Alderman) during my continuance in office; I further swear that I have made no commitments as to who shall be elected or how any question shall be decided; I further swear that I will cast each and every vote on each issue that comes before me honestly and fearlessly for the best interest of City of Sandersville and her people; and I will use my judgment and vote for public good. Oath. Section 7. Mayor and Aldermen, Qualifications: Be it further enacted by the authority aforesaid that no

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person shall be eligible to election to the office of Mayor nor to Office of Alderman unless he shall have been a resident of said city for a period of one year prior to his election and immediately preceding election and shall be a qualified voter in election of City of Sandersville. The Mayor shall receive a salary of not less than $300 nor more than $600 to be fixed by City Council. Mayor and Aldermen, qualifications. Section 8. Election, Who are Qualified: Be it further enacted by authority aforesaid that all citizens qualified to vote for members of the General Assembly of Georgia, who shall have paid all taxes due by them and who are on the Registration list at City Hall and shall have resided in City of Sandersville six months or more immediately prior to the election shall be eligible to vote in the City Election, and no others. Election. Section 9. Permanent Registration Book-Electors Oath: Be it further enacted by the authority aforesaid that the Mayor and Aldermen shall require the Clerk to keep a Book to be known as The City of Sandersville Permanent Registration Book in which electors of said city shall sign said book upon oath as follows: I solemnly swear that I have resided in the City Limits of The City of Sanderville for ninety days next preceding this date on which I register: that I am qualified to vote for Members of The General Assembly of Washington County; I have paid all taxes that have been demanded of me or that are due. No person who is not registered shall be allowed to vote. Those whose names appear on the registration book shall be allowed to vote. Registration. Section 10. Registration Book Kept Open When: Be it further enacted by the authority aforesaid that it shall be the duty of the Clerk to keep said registration book open during such hours as may be prescribed by the Mayor

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and Aldermen, to enable registrars of the city to register therein; providing that each person who registers in said book shall not be required to register again, but he shall be permanently registered, unless he shall disqualify himself by non-payment of taxes or otherwise it being the purpose of this Act to provide permanent registration for said city. Registration book, open when. Section 11. Registrars appointed. Books Close When: Be it enacted by the authority aforesaid that whenever any general or special election is to be held in said city, it shall be the duty of the City Clerk to close said registration book ten days before said election is to be held and turned over to the Mayor who shall with the advice and consent of the Aldermen, appoint a Board of Three Registrars whose duty it shall be to make from said book a list of voters for such election; and in making said list the registrars shall exclude the names of all persons who have died since they signed the registration book; all those who have removed from the City limits, all those 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 a majority of the registrars that his name was omitted from the registration list by accident or mistake. The Mayor and Aldermen shall determine the question of compensation for registrars. Registrars appointed, books close when. Section 12. Registrars, Appeal From Decision. Notice to person appealing: Be it further enacted by the authority aforesaid that there shall be an appeal from the decision of the Board of Registrars to a committee of three voters previously appointed by the Mayor and Aldermen for that purpose, whose decisions shall be final. All appeals shall be made,

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heard and determined within five days from time the decision was made by the registrars. After all appeals have been decided it shall be the duty of the registrars to furnish the election managers with a correct list of the registered voters. The registration book shall be open to inspection of the public at all times during office hours. The said committee of registrars shall have authority to purge said registration lists upon three days notice to the person or persons who shall have registered illegally or who have become disqualified since registration. Notice may be given by letter by mail addressed to the illegally registered persons or the disqualified persons whose names are on the registration book and addressed to such persons at Sandersville, Georgia. Appeal. Notice. Section 13. Registrars to furnish Managers of Election Complete Registration List: Be it further enacted by the authority aforesaid that it shall be the duty of the Clerk of the Board of Registrars to furnish the managers of the election, at or before the opening of the polls with a complete list of the registered voters, arranged in alphabetical order, certified to under the hand of the Clerk of The Registrars, and the corporate seal of the City. Registration lists. Section 14. Voting Illegally: Be it further enacted by the authority aforesaid that any person voting in any city election who is not qualified to vote according to the provisions of this Charter shall be guilty of a misdemeanor and shall upon conviction be punished as prescribed by the Mayor and City Council of The City of Sandersville. Voting Illegally. Section 15. Election Managers, Who Qualified. Election How Conducted. Be it further enacted by the authority aforesaid that all

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elections under the provisions of this Charter shall be managed by a Justice of the Peace or Notary Public Ex Officio Justice of the Peace and two freeholders, or by three free-holders, or by three registered voters of said cityneither of whom shall be a candidate in any election where he acts as manager. The Managers shall take and subscribe the following oath, to-wit, We, the undersigned managers, and each of us, do solemnly swear that we will faithfully and impartially conduct this election according to law; and we will prevent all illegal voting to the best of our ability, skill and knowledge, and make a true return thereof. So Help Us God. Said managers shall keep or cause to be kept a list of the registered voters, a list of those who vote in the election, two tally sheets and a consolidation certificate signed by all managers at every election, general or special in said city. All voting shall be by secret ballot. The polls shall open at eight o'clock A. M. and close at five o'clock, P. M. at the time prevailing in City of Sandersville at time the election is held. The persons receiving the highest number of votes in the race in which he is a candidate, shall be declared elected; and the election mansgers shall certify the winners of the election to the Mayor and Aldermen of said city and file the certificate and election papers which show the results of the election with the City Clerk. The election managers shall be named by Mayor and Aldermen. Said Clerk of the city shall file the election papers and if there is no contest within thirty days he shall destroy the papers by burning them. Said Mayor and Aldermen shall have the authority by ordinance to make any further rules and regulations not provided for in this Charter as may be necessary or expedient in connections with the elections held in said city provided such do not conflict with this Charter. Election managers. Oath. Election, how conducted. Section 16. Election ContestProcedure: Be it further enacted by the authority aforesaid that if the result of any election held by City of Sandersville is

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contested, unless otherwise provided by the State Law of Georgia or the Constitution of the State of Georgia, notice of such contest shall be filed with the Ordinary of Washington County, Georgia within three days by the contestant; in his contest he shall set forth the vice, irregularity, or illegality which he relies upon to vitiate the election and avoid its results. A deputy sheriff or the sheriff shall serve a notice of such contest on the contestee, if such contest is for office; if the result of any election is a question or principle, then the Ordinary shall cause notice of such contest to be served on the Mayor of said city. Said Ordinary shall fix the time of hearing of said contest, which not be later than ten days after he has caused notice of the contest to be placed in the hands of the sheriff or deputy sheriff, of which time all parties to the contest shall have at least five days notice. Said notice of contest shall set out plainly and distinctly the grounds upon which said election is contested. Contestee may set up any cross grounds of contest. The contest shall be heard at the Washington County, Georgia, Court House, in said city. The losing party shall pay all costs for which the Ordinary is authorized to issue an execution. The Ordinary shall, by written notice require the Clerk of said city to have and produce any other papers or records that may be deemed necessary or that either side wishes to offer in evidence provided same is pertinent to the issue raised by the contest; said notice to be served on the Clerk at least two days prior to time of contest and to time when production of papers and records is directed and ordered. Contest. Procedure. Section 17. Contestant in Election Not To Take Office Pending Contest: Be it further enacted by authority aforesaid that no person whose election is contested shall qualify for office in said City and the officers commissioned and serving shall

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continue to discharge the duties of the office for which contest is being made until said contest is heard, determined and concluded. Pending contest candidate may not serve. Section 18. Election ManagersViolating Provisions Election Laws: Be it further enacted by authority aforesaid that if the election managers holding any city election shall violate any of the provisions of the election laws in this Charter, all participants shall be jointly guilty of a misdemeanor and shall be punished as prescribed in the Code of the City of Sandersville. Election managers, crime. Section 19. ElectionWho ElectedProcedureCase of Tie Vote: Be it further enacted by authority aforesaid that in case of a tie between two or more candidates having the highest vote in any election for Mayor, Aldermen, Treasurer or other elective office a new election between the candidates so tied shall be order between the parties having the highest vote; said election shall be ordered within ten days after results of the election have been declared; and the person receiving the highest number of votes in this run over election shall be declared elected. Tie vote. Section 20. Officers Elected, Assume Office When: Be it further enacted by the authority aforesaid that all officers elected shall take office the first Monday in September, after said election; they shall on that date meet at City Hall of Sandersville; should any elected officer be absent at that time he or they may take the oath of office as soon thereafter as is practicable. Take office when. Section 21. Mayor Pro TemElectedActs When: Be it further enacted by the authority aforesaid that at their first meeting on first Monday in September, after their

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election or as soon thereafter as practicable, the mayor and aldermen shall elect from their number a Mayor Pro Tem, who in the absence of the Mayor, shall act for the Mayor in his stead and be clothed with the powers of the Mayor. Mayor pro tem. Section 22. City Council Meetings: Be it further enacted by the authority aforesaid, that the Mayor and Aldermen shall provide for regular meetings, not fewer than one meeting each month. Such regular meetings may be changed at any time by ordinance. City council meetings. Section 23. Special MeetingsCity Council: Be it further enacted by the authority aforesaid that the Mayor and Aldermen shall hold such special meetings as the business of said city may require and transact any business and may pass any ordinance and resolutions at such special meetings, provided all members, the Mayor and Aldermen are given notice of such special meeting, provided further that neither Mayor nor Alderman shall object to consideration of such ordinance and such resolution as is before them; if there should be such objection either on part of the Mayor or any Alderman, such business as is objected to shall go over to next regular meeting. Special meetings. Section 24. City CouncilQuorum: Be it further enacted by the authority aforesaid that the Mayor or Mayor Pro Temin absence of the Mayorand three Aldermen shall constitute a quorum for the transaction of any business, including the election of officers, and the majority of the votes cast shall determine all questions and all elections. The Mayor or Mayor Pro Tem When acting as Mayor, shall be allowed to vote in all elections, but neither the Mayor nor Mayor Pro Tem when acting as Mayor shall vote on other questions except in cases of a tie in the vote. Quorum.

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Section 25. Mayor and Mayor Pro-Tem AbsentAny alderman May Serve: Be it further enacted by the authority aforesaid that in the event of sickness, absence or disqualification of the Mayor or the Mayor Pro Tem when acting as Mayor, any one of the Aldermen shall be selected and clothed with the rights, powers and privileges of the Mayor and shall perform the duties of the Mayor. Absence of Mayor and mayor pro-tem. Section 26. Vacancy In Office Mayor or AldermanSuccessor Elected How: Be it further enacted by authority aforesaid that in the event the office of Mayor or any one or more of the Aldermen becomes vacant by death, resignation or removal from said city or from a vacancy from any other cause in the office of mayor or any one or more aldermen, the said Aldermen shall elect a Mayor of said city from their own number or from the citizenry of the city who is qualified according to this charter and its requirements. A quorum of City Council is hereby declared to be three aldermen and the Mayor Pro Tem when acting for Mayor. Vacancies. Section 27. Clerk, Marshals, Police, Physician, Sexton elected when: Be it further enacted by the authority aforesaid that at their first meeting in September 1941, and biannually on the first Monday in September, after the election of the Mayor and Aldermen, the Mayor and Aldermen shall elect a City Clerk, a City Marshall who shall be Ex Officio Chief of Police and as many Policemen as may be necessary, also a City Attorney; also they may elect or defer election of a city physician, city Sexton and any other officer or agent they may deem necessary to carry on the business of the City. Other officers, election of.

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Section 28. Officers Oath and BondWhere required: Be it further enacted by the authority aforesaid that all of said officers shall take oath, give bond (if bond required) such as the Mayor and Aldermen shall prescribe; all bonds being payable to City of Sandersville and conditioned for the faithful performance of their duties and for accounting for all money and property coming into their hands as officers of the city and belonging to the City. It shall be the duty of the Mayor and Aldermen to fix the salaries or other compensation of all officers, agents, and employees of said city, except as in this Charter specified, which salary nor compensation shall be increased nor decreased during the term for which these officers and agents were elected. The Mayor and Aldermen shall have the further right and authority to employ such additional help as they may deem necessary and for the best interest of said city and to conduct the city's affairs, and shall in all these cases fix the compensation to be received by those employed. Oath. Bond. Section 29. PolicemenSpecial: Be it further enacted by the authority aforesaid that the Mayor and Aldermen may also appoint special policemen for a limited time or for regular duty; when the necessity for them or the emergency in which they were used has passed, the Mayor and Aldermen shall have power and authority to discharge such special policemen from further service. The Mayor and Aldermen shall fix the compensation of all special policemen and all other special employees. Policemen, special. Section 30. Mayor and his Duties: Be it further enacted by the authority aforesaid that the Mayor shall be the executive officer of the city and shall have general supervision over its affairs. He shall preside at meetings of the Mayor and Aldermen, but shall not vote except in case of a tie on questions coming before the City

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Council but he shall have a vote in all elections of officers. He shall sign all deeds and contracts except deeds for property sold under execution at public sale which shall be signed as herein provided for. He shall approve all bills and vouchers, after all bills have been approved by City Council. Mayor, duties. Section 31. MayorRight of Veto: Be it enacted by the authority aforesaid that every ordinance and resolution passed by City Council and every election of an officer or employee by Mayor and Council, shall be subject to the veto of the Mayor in the following mannerthe Mayor shall within three days after the passage of any ordinance, resolution or the election of any officer, write out his objections to such ordinance, resolution or election or elections and order said objections entered upon the minutes of the City Council; at the next meeting of Mayor and Aldermen, at which a quorum is present, they shall take a vote, on the question whether said ordinance, resolution or other action shall be adopted over the Mayor's veto. Should as many as four vote in the affirmative, said ordinance, resolution or other action shall stand affirmed and become effective without the approval of the Mayor; otherwise not. The Ayes and Nays in all cases of a vote on the Mayor's Veto be entered on Minutes of Council. Veto power. Section 32. Aldermen's Compensation: Be it enacted by the authority aforesaid that Aldermen shall each receive the sum of eight dollars per month during their term of service; if any alderman does not attend any meetings for a full month, he is not to receive compensation for the month; the Mayor shall receive a salary to be fixed by City Councilthe salary not to exceed six hundred dollars per annum. Aldermen, compensation.

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Section 33. Marshal's Duties: Be it further enacted by the authority aforesaid that it shall be the duty of the Marshal to levy and collect all executions and taxes and other money due to said city, to advertise and collect for all sales of property under execution, or other process, execute deeds and other conveyances in said cases, attend all sessions of the Police Court, collect fines, taxes and other money due the city, except such money as the Mayor and Aldermen may require the City Clerk to collect and perform such other services as the Mayor and Aldermen may require. Before entering upon his duties shall take and subscribe such oath, and give such bond as may be prescribed and required by the Mayor and Aldermen. Marshall, duties. Section 34. City Clerk Duties: Be it further enacted by the authority aforesaid that it shall be the duty of the Clerk to attend all meetings of the Mayor and Council, keep Minutes and Records of the same, attend to the issuance of licenses, sign and issue executions and other writs and process for the collection of taxes, fines and other money due said city; and perform such other duties as the Mayor and Aldermen may require of him. It shall be his duty to present to the Mayor the next day or as soon as possible all ordinances, resolutions and every other action of Mayor and Council which the Mayor is to approve or disapporve. He shall keep a strict account of all money belonging to the City and record all license funds, the amount thereof in a book kept for that purpose and called License Book. He shall likewise keep an Ordinance Book in which he shall record and index all Ordinances and Resolutions passed by the Mayor and Council. He shall do generally all that things that the Mayor and Aldermen shall require of him. The salary of the Clerk shall be fixed by the Mayor and Aldermen. Ctiy clerk, duties.

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The City Clerk shall act as Clerk of The Police Court and attend the sessions thereof; shall sign all processes, summons, all attachments and executions for fines and other writs issued out of said court, all of which shall bear test in Mayor's name. He shall keep all records of said court, receive all fines imposed in said court and account for the same as directed by the Mayor and Aldermen. The City Clerk shall be eligible to serve as Clerk and as clerk and secretary of the Water and Light Commission and his duties as such are outlined elsewhere. His salary for this service shall be the sum of One Hundred Dollars per month. Section 35. City Treasurer, Oath, Bond, Duties: Be it enacted by the authority aforesaid that at same time and place that the Mayor and Aldermen are elected, there shall be elected a City Treasurer, and so also biennially thereafter there shall be elected a Treasurer. It shall be his duty to receive, keep, disburse all money of the city upon proper orders. He shall make itemized reports of all receipts and disbursements and submit same in a report to Mayor and Aldermen when requested and directed to do so. He shall keep books showing all the receipts and all the disbursement made by him. He shall pay out money of the City on warrants or checks drawn on him by the City Clerk Countersigned by the Mayor. Every such warrant shall be filed by him and his books accounts and vouchers shall be open to inspection at all times by Mayor and Council. Treasurer, oath, bond, duties. The Treasurer shall give bond with good and sufficient security in the sum of Fve Thousand Dollars; surety to be approved by Mayor and Aldermen. The treasurer shall receive a salary of Three Hundred Sixty Dollars per annum payable monthly. His term shall be for two years. Before assuming office and entering upon his duties of said office he shall take and subscribe the following oath, to-wit:

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I do solemnly swear that I will faithfully and impartially perform all of the duties of City Treasurer of the City of Sandersville to the best of my skill and knowledge; I furthermore swear that I will account for all money of the City of Sandersville and will only pay same out on official direction of Mayor and Council of City of Sandersville, So Help Me God. The treasurer of the city shall be Ex Officio, the Receiver of Tax Returns of The City of Sandersville, and it shall be his duty to receive the tax returns of the tax payers thereof, in the manner and at the time provided for in the Charter and Ordinances. It shall be his duty to make up the tax digest for city and deliver same to Tax Assessors of said city upon their appointment. The premium of the Treasurer's bond shall be paid by City of Sandersville. Section 36. City AttorneyOathCompensation: Be it enacted by the authority aforesaid that at the first regular meeting of the Mayor and Aldermen of The City of Sandersville they shall elect a City Attorney. His term shall be two years His duties shall be such as are prescribed by The Mayor and Aldermen. He shall generally represent the City of Sandersville in the questions arising with said city; and shall draw contracts, papers and ordinances and resolutions when directed by Mayor and Aldermen to do so. In case of any momentous problem, suit or proposition the Mayor and Aldermen have the power and authority to employ special counsel to confer and aid the city attorney. City attorney. The City Attorney shall receive twelve dollars and fifty cents per month. In case of extraordinary heavy work or matters of more than usual weight and responsibility, the Mayor and Aldermen are authorized and empowered to pay

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further compensation to the City Attorney for extra work. He shall take the oath prescribed by the Mayor and Aldermen before entering upon his duties. Section 37. Police Duty to Preserve Peace: Be it further enacted by the authority aforesaid that the Marshal Chief of Police 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 Barracks, in common jail of Washington County, Georgia, and bring them before Police Court for trial or commitment, provided that all persons not intoxicated or otherwise dangerous, desiring to give bail for their appearance before such Police Court in bailable cases, shall be allowed to do so. Police force. Section 38. Police Mayor and AldermenPower to Prescribe rules and Regulations: Be it further enacted by the authority aforesaid that the Mayor and Aldermen shall have the 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 approval of the Aldermen. Police, regulation of. Section 39. Officers Duty To Prosecute When Directed: Be it further enacted by authority aforesaid that it shall be the duty of the Marshal, Police, upon notice and direction given by the Mayor or any Alderman to prosecute all offenders against the laws of this state, committed within the City Limits of The City of Sandersvile. In case any crime or infringement of the criminal ordinances of the said City in the presence of the Marshal, Chief of Police, or any Policeman, it shall be the duty of such an officer to prosecute such person and case without notice. Officers, duty to prosecute.

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Section 40. Taxes To Operate City Government: Be it enacted by authority aforesaid The City of Sadersville shall have power and authority to impose, levy and collect taxes annually upon all property, real and personal within its limits, or in case of personal property, the owner of which resides in the said 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 the city. Exclusive of license, occupation, sewer rent, and other special tax or license charges, for which provision is made in this Charter, the tax levy, including the tax levy for the bonding indebtedness shall not exceed Twenty Five Mills. Taxes. Section 41. Bonded IndebtednessTaxes Authorized For: Be it further enacted by the authority aforesaid that the tax for bonded indebtedness, interest thereon and sinking fund shall be levied under a separate ordinance which shall specify the purpose for which it was levied. All taxes levied and funds collected for the payment of such bonded indebtedness, interest thereon, and sinking fund for retirement thereof, shall be used only for such purposes, and a proper accounting shall be made as required by the ordinance, at least once at the close of the year. Bonded indebtedness. Section 42. Tax-Specific and Occupational: Be it further enacted by the authority aforesaid that the Mayor and Aldermen shall have full power to levy such license, specific or occupation tax on residents of City of Sandersville, and on those who transact business therein, and upon vehicles, as well as upon sales, at wholesale and/or retail in said city and upon those offering for sale any article or service in said city, as said Mayor and Aldermen may deem expedient for the safety, benefit convenience and advantage

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of said city; to classify businesses, occupations, professions, callings for the purpose of such taxation as may be legal; to fix time of payment and to require such person or persons to secure licenses; to provide registration and to provide a penalty for failure to do so of all such persons, and of persons, selling and 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 principals claimed by them and requiring reasonable reports of their activities; to require all the foregoing to secure a permit before doing any of the above acts or things; to compel payment of such licenses and taxes by execution or in any other lawful manner, including penalties in event of failure or refusal to secure such permit as above provided; to provide suitable penalties for violation thereof. Specific and occupational taxes. Section 43. Fiscal Year Fixed by Mayor and Council: Be it further enacted by the authority aforesaid that the Mayor and Aldermen may fix a fiscal year and time for all licenses to expire, and may apportion said licenses but shall not be required to do so. Fiscal year. Section 44. Register and Pay TaxFailure to Do so Penal: Be it further enacted by the authority aforesaid that the Mayor and Aldermen may, by ordinance, provide punishment of all persons firms or corporations who are required by ordinance to register and pay such special tax, who shall engage in or offer or attempt to engage in the business, calling or profession, without first complying in all respects with the city ordinance in reference thereto. Registration and payment of taxes.

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Section 45. Business Etc. Mayor and Aldermen Authorized to Regulate: Be it further enacted by the authority that the Mayor and Aldermen shall have full authority to license, regulate and control, by ordinance, all taverns, boarding houses, cafes, restaurants, saloons for sale of cream, ices etc., livery stables, sales stables auctioneers, itinerant traders, theaters, theatrical performances, dummy or street railways, oil mills, ice works, laundries, waterworks, shows, circuses, exhibitions of all kinds, wares and merchandise, itinerant lightning rod dealers, emigrant agents, peddlers of stoves, machines, other articles of merchandise, pool tables kept for public play, shooting galleries, ten pin alleys, keeper of any table, device, stand or place for performance or play, whether played with sticks, balls, rings, or other contrivances, bicycles, velocipedes, skating rinks, insurance agents, life, accident and other companies, loan agents for any and all kinds of business; dealers in futures, beef markets, green grocers, dealers in vegetables, fruits, breads, or other articles of food; contractors and builders; barbershops, junk shops; pawn brokers; and upon every other establishment, business, calling, trade or avocation not heretofore mentioned, and which under the laws of Georgia are subject to license or specific tax. Enumeration of powers 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 collection and enforcement of the occupational taxes, specific taxes and registration and permits and for punishment for violations thereof. Businesses, power to regulate. Section 46. LicenseRevoked For Cause: Be it further enacted by the authority aforesaid, that the Mayor and Aldermen may revoke the license of any business or establishment to which a license may have been granted, in the event the same becomes a nuisance or is

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dangerous or injurious to the health and morals of the people of the 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 an unfair competition therein, and to revoke license of any person or corporation who engages in unfair practices, But no license shall be revoked without giving notice and affording such person or corporation an opportunity to be heard. Licenses, revocation. Section 47. Execution, any Debt of Claim Collected and Enforced by: Be it further enacted by the authority aforesaid that the Mayor and Aldermen shall have power and authority to enforce by execution the collections of any debt or claim due to the city for taxes, sewer rents, water, lights, paving, license, rents, impounding fees, fines and forfeitures, for laying sewers, drains, for clearing and repairing privies, abating nuisances, and for any and all levies, assessments, debts and demands due siad city. Said executions shall be issued by the City Clerk and bear test in name of the Mayor against person firm, property and corporation against whom any demand or debt is due; such executions shall be directed to the Marshal, Deputy Marshal and Policemen of the City who are authorized to levy same upon any property of the person against whom such execution shall have been issued, and the same shall be sold by the marshal or his deputy at public outcry, under the laws governing sheriff's sales, to the highest bidder for cash before the court house door of Sandersville, the Washington County Court House Door, or at such other place as Mayor may determine, notice of the place of sale shall be placed in the advertisement of the same. If the property so levied on shall be personal property, it shall be advertised by posting notices

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in three public places in said city ten days before the sale; if the property levied on is real estate, he shall advertise same once a week for four weeks in the newspaper in which the sheriff of the county advertises his sales or some other newspaper published in said Washington County, Ga. All sales as provided for shall be at public outcry to highest bidder for cash. Said marshall or his deputy shall have power to place the purchaser in possession as the sheriff's of this state have. Execution. Section 48. Deed Under Execution, Levy and Sale. Effective: Be it enacted by the authority aforesaid that such sales provided for here shall be as effective and effectual to pass title as the deed of the person against whom the execution was issued. The City of Sandersville may buy property sold under execution under same terms and provisions as is provided in the purchases by counties of the State of Georgia tax sales. Sales. Section 49. Assessors Tax Board of Election Duties: Be it further enacted by the authority aforesaid that there shall be a Board of Tax Assessors; they shall be freeholders; they shall charged with the duties of receiving and equaling the taxes and tax returns, on all real and personal property. Said Mayor and Council shall elect a Board of Assessors in January of each year to serve for that year, to consisting of three freeholders. Said Board is hereby vested with full power and authority to assess for for taxation at a fair market value, real and personal property so that said property shall stand on the digest at its reasonable and fair market value. It shall be the duty of the Board at all times to affix such fair market value and at all times to locate property that is not duly returned for taxation, to equalize taxation, and to ascertain the fair and reasonable

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market value of any property subject to taxation by said city. The Mayor and Aldermen shall assess the property of the tax assessors for the year which the tax assessors are in office, provided that the provisions of this section shall not apply to taxes assessed for ad valorem taxation by State Revenue Commission according to laws of this State. Board of tax assessors. Section 50. Duties Board Tax Assessors: Be it further enacted by the authority aforesaid It shall be the duty and function of said Board of Tax Assessors and express power is hereby given to the City of Sandersville, for exercising 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 not having been returned or assessed, or if returned or assessed, upon which the original return was invalid for any reason, provided, however, no assessment shall be made in any case where the taxpayer has paid and the City of Sandersville has accepted the payment of said alleged invalid or void assessment or return. If the owner of said property has made a return of all property, and the return of the property has been raised by assessment of the Board of Assessors, and if the assessment is for any reason invalid, then another assessment or reassessment may be made upon said property at any time in seven years and no new returns shall be required or permitted by said property owner; and all hearings, notices, appeals and other procedure shall be governed by the same rules and made in the same manner and form herein provided for taxes generally. Time for giving in taxes shall expire December 15th. each year. And the Treasurer shall complete and turn over the tax digest to Tax Assessor's Board on the 15th. day of January each year. Duties. Section 51. Assessment on Tax Property Not Returned: Be it further enacted by authority aforesaid that when

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any property subject to taxation by City of Sandersville has not been returned for taxation by the 15th. day of January the date upon which the Assessors receive the tax digest of the Treasurer, it shall be the duty of the Board of Tax Assessors to assess said property at its fair market value. When any such property has been returned for taxation at a value which in the opinion of said Board of Assessors is less than its fair market value, it shall be the duty of said Board of Assessors to assess it for taxation at what they consider its fair market value. Assessment not returned. Section 52. Notice to Owner of unreturned PropertyHow Served: Be it enacted by the authority aforesaid, when any assessment is provided for herein is made, it shall be the duty of the City Clerk within ninety days after making such assessment, to give the owner of said property notice in writing of said assessment, and he 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 hearing at which time a full legal hearing shall be accorded. Such notice shall be by mail, not registered, to the last known address of the owner of such property and no other notice shall be required. Proof of mailing the notice shall be conclusive evidence that said notice has been given as required. If for any reason the notice cannot be given by mail, notice may be given by posting in City Hall of such a notice in a conspicuous place. Notice shall be considered given as day it was mailed or posted. If the owner of said property fails or refuses to appear either in person or by agent or attorney, then the assessment shall be final. Unreturned property, notice. Section 53. Tax Payer, Dissatisfied; Right of Appeal to Board Arbitrators: Be it enacted by the authority aforesaid that any tax

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payer who is dissatisfied, after a hearing before the Board of Tax Assessors, with an assessment made on his property, shall have an appeal to a board of Arbitrators, and he may, within ten days after the decision is made give notice in writing to the City Clerk, demanding an arbitration and giving the name of his arbitrator, and the Board of Arbitrators shall name its arbitrator within three days of notice being filed asking an arbitration by the property owners; the property owner's arbitrator and the Tax Assessor's Arbitrator shall select a third arbitrator; in case of the two failing for five days after their appointment to agree on the third arbitrator, the Ordinary of Washington County shall appoint the third arbitrator. Said arbitrators shall be tax payers and owners of real estate in City of Sandersville. A hearing shall be had at which both sides shall be given a hearing; the decision of the arbitrators shall be final; in case no decision is rendered in ten days after the hearing, the decision of the tax board shall be binding. The City council shall fix compensation for the arbitrators; the losing party shall pay cost. Appeal. Section 54. Dates of tax collections: Be it further enacted by the authority aforesaid that all assessments shall be on property owned October 1st of year of assessment; Taxpayers may make returns to December 15th., when treasurer's returns shall end on December 15th., and his returns of taxpayers close; the lien for taxes shall become fixed as of October first; the treasurer shall turn over to tax assessors records of tax payers and tax digest by or before January 15th. the tax assessors shall complete their work and return the digest to mayor and council by or before Feb. 15th., and on March 15th. the City Clerk shall open tax books for payments of taxes; the tax books shall close for collection of taxes on April 15th. and Clerk shall immediately begin issuance of tax executions. Taxes, collection dates.

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Section 55. Return of Taxes: Be it further enacted by the authority aforesaid that every person, firm, and corporation owning property, real or personal, or otherwise, subject to taxation of the City of Sandersville, shall make a return of such property for Taxation to the Treasurer of the City of Sandersville, on or before December 15th each year. Return. Section 56. Taxes due; Executions issue when: Be it further enacted by the authority aforesaid that taxes on all property levied by the City of Sandersville shall be due and payable on the 15th. day of March each year unless paid before that date. Costs thereof and costs of levy and sale shall be the same as executions issued from Office of Tax Commissioner of Washington County. Said executions shall bear interest at rate of 7% per annum. All sales of property and executions of said city shall be as effectual to pass title to the property as the deed of the owner of Recitals of levy, notice, advertisement, public sale, and other provisions in deed executed shall be evidence of facts recited. Claim or illegality may be interposed under rules and regulations when execution is issued and levied as is now provided by law for claims and illegalities under tax fi fas. or other fi. fas issuing from the various courts of this state. Taxes, when due, fi. fas. Section 57. Sinking Fund Power to Provide: Be it enacted by the authority aforesaid that the Mayor and Aldermen shall provide a sufficient sinking fund for the proper retirement of any and all bonds of the City of Sandersville, and any person or official otherwise using any of the present or future sinking fund shall be subject by impeachment by Washington Superior Court and to prosecution under the laws of this state. Sinking fund.

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Section 58. AirPorts, Landing FieldsRights, Powers, Privileges: Be it further enacted by the authority aforesaid that the Mayor and Aldermen of The City of Sandersville shall have the rights, powers, privileges with reference to air ports and landing fields as is provided in Chapter 2, of Title II of the Code of the State of Georgia, for the year 1933. Airports. Section 59. Waterworks System, Electric Lights System, Sewerage System: Be it further enacted by the authority aforesaid that the City of Sandersville is authorized to own and operate a system of Water Works for supplying water for all purposes for all persons, residents therein, and to other persons provided for herein; The Mayor and Aldermen shall have the power and authority to maintain, equip repair, the present system of water works, sewerage, electric lights, all or any of them and said Mayor and Aldermen shall have full authority to do any and all things necessary for this purpose; to contract with a person or persons, firm or firms, or corporations for the purchase of land to be used in connection therewith, whether within or without the City of Sandersville, whether lands or easements, within or without said city, and if necessary for any and all purposes, to condemn same as herein provided; said Mayor and Aldermen in the name of the said city, shall have full power and authority to purchase plants, machinery, and all articles and things that may be necessary or advisable for the proper equipment of any of these plants; for the purpose of extending and enlarging and in any way improving said plants; to build and erect houses, bore wells, build, shape and furnish the same. Said Mayor and Aldermen in name of said city shall have the power and authority to make contracts with the inhabitants of the city and with consumers whether residents of said city or residents without the limits thereof,

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for furnishing of water, electric lights, electric power, sewerage, or any of them, at such rates and under such rules and regulations as the Mayor and Council may provide. Provided, however, the City Council may provide by appropriate resolutions, or ordinances, that such rates, rules and regulations may be fixed and determined by the Water and Light Commission of said city. Said Mayor and Aldermen in name of said City shall have the right, power and authority with any other municipality, individual or corporation, to light the streets of such municipality or the furnishing electric power to said city, under such terms, rules, regulations, conditions, agreements and limitations as may be prescribed by said city; such contracts shall be enforceable in the courts of the state. The Mayor and Aldermen shall not make any contract with any other corporation or municipality for a longer term than one year from making of contract for the furnishing of electric lights to light the streets of said municipality, or to furnish electric power thereto, for a longer term of contract than one year, but said contract may be renewed at expiration thereof, from year to year, by resolutions of both municipalities, stipulating that both contracts are renewed, said resolution to be spread on the minutes of each municipality. The Mayor and Aldermen of said City of Sandersville shall have fully power and authority to establish and maintain a new system of WaterWorks Electric Lights, Sewerage or any of them whenever they deem it necessary or advisable or expedient for furnishing and supplying its inhabitants and consumers with water, electric lights, electric power or any of them and when such power and authority is exercised said Mayor and Aldermen shall have the same rights, privileges, powers for erection, equipment, care, maintenance, repairing and improving thereof, making and enforcing contracts for furnishing of water, lights, sewerage, electric power or any of them to the inhabitants of the city, non residents thereof and other municipalities and inhabitants thereof, together

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with right to acquire; own possess and condemn lands for such purposes, whether within or without the limits of said city as herein set forth and detailed, respecting the present system of waterworks, electric lights and sewerage. Public utilities. Section 60. Board Water and Electric Lights and Sewerage Organized known as The Water and Electric Light Commission of City of Sandersville: Be it enacted by the authority aforesaid That board of water, electric light and sewerage commissioners to be known as The Water and Electric Light Commission of the City of Sandersville is hereby established in and for said city. Said commission shall be composed of three members to be elected by the Mayor and Aldermen in the manner herein set out and whose qualifications shall be the same as those of the Mayor. The term of the Commissioners shall be three years, except as herein provided, to-wit: At the first regular meeting of the Mayor and Aldermen in September 1941, the said Mayor and Council shall elect one member for a term of one year, one member for a term of two years, and one member for a term of three years. Each member to hold his successor is elected and qualified. When any vacancy occurs, the Mayor and Aldermen shall within fifteen days after said vacancy occurs, fill the vacancy by electing another member of said commission to fill out the unexpired term. Said commission shall govern, control and operate the water, electric light, electric and sewerage systems of this city in the manner set out herein: Water and electric light commission. (a) All members before entering up their duties shall take and subscribe the following oath, to-wit: I solemnly swear that I will do to the best of my skill and ability faithfully and impartially discharge the duties of Water and Light Commissioner of City of Sandersville.

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(b) They shall keep a record of all the acts and doings; a full report shall be made once a quarter to Mayor and Aldermen; (c) That they shall keep a record of all money taken in; and they shall keep a record of all money paid out, showing source of receipts and source of disbursements; they shall make a written report to Mayor and Council as directed to do so by ordinance; all books and records shall at all times be subject to inspection; (d) A majority of the members shall constitute a quorum; upon organization one of the members shall be elected Chairman of the Commission; the Commission shall have right to fix rules and regulations to govern themselves; (e) The Commission shall have authority to employ an electrician and a machinist as Superintendent of the water, electric and sewerage systems of the City of Sandersville; the contract with the superintendent shall be for one year at a time. The Compensation shall be fixed by the Commission. The Superintendent shall give a bond for the faithful performance of his duties. Besides the Commission shall have the power and authority to employ such other persons to assist as may from time to time, or regularly be necessary in the management, as may be demanded by necessity or exigency. All contracts of employment are limited to one year and are renewable. Compensation shall be fixed for all employees by the Commission. The Commission has authority to discharge any employee for cause. (f) That said Commission shall have, with consent of Mayor and Aldermen, the authority to fix a scale of water and electric light rates, make and enforce rules for collection of rates; adopt rules and regulations with the introduction of water and sewerage into or upon any premises, and regulate the use of water and electric current and sewerage in the manner deemed proper; and with said consent

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of City Council further power to furnish at cost, place and compel the use of meters, and prescribe the kind and the make, use of same on the condition of furnishing electricity and water, The Commissioners, their agents and servants shall have power to inspect all pipes and other apparatus including meters to determine whether or not they are working properly and economically and are of the character designated and installed under proper conditions. (g) In order to make further extensions or additions to the present systems, the Mayor and Aldermen, must first approve; all extensions and additions to the system shall be made by Mayor and Aldermen or by Commission with approval of City Council. (h) The said commission shall have power to require payment in advance for use or rent of water and electricity furnished by them; for non-payment they may discontinue to furnish water or lights. (i) The collection of lights and water, or both may be enforced by issuance of execution, levy and sale, as City Tax is collected. (j) The Commission shall decide all complaints relative to service, rates, and every question relating to users or consumers of Water and electric light; their decision shall be final. (k) The Commissioners shall receive eight dollars per month for each month spent as a Water and Light Commissioner in the active service of City of Sandersville. The money shall be drawn out by check on the treasurer, and the Secretary shall draw a voucher to the check showing the nature of the demand. Said check shall be signed by the chairman of the Commission attested by the Clerk and countersigned by the Mayor before city authorities are authorized to pay the same.

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(l) The Commission shall carry out the orders of the Mayor and Aldermen; for negligence or inefficiency they may be summarily dismissed. (m) The Commissioners shall have and make complete inspections of the water, light, and sewerage systems. The Commissioners shall make complete reports monthly to the the City Council of all their acts. (n) The City Clerk shall be Ex Officio, Secretary of the Commission and shall receive as such Secretary the sum of one hundred dollars per month. The Mayor and Council may increase the salary not to exceed eighteen hundred dollars per annum. The Mayor and Aldermen may at any time separate this Office from Office of City Clerk. (o) The Mayor and Aldermen have the authority at any time to remove any or all of said commissioners for cause. (p) The Commissioners have right and power to make such rules and regulations as they may deem best and proper for the interest of said city. Section 61. Municipal Bonds: Be it further enacted by the authority aforesaid, that the Mayor and City Council shall have the power and authority to issue bonds of said city of Sandersville at such times as they see proper, within the limits provided by the Constitution of Georgia, and of such denomination and in such amounts as they see proper; the said bonds shall not bear interest in excess of five per cent per annum, and not to run for a period of longer than thirty years from date of issue, but may bear a less rate of interest and run for a shorter period of time from the date of their issue in the discretion of the Mayor and City Council. Said bonds to be issued, hypothecated, and sold for the purpose of establishing and maintaining, equipping, extending, operating and repairing a system of waterworks, a system of sanitary sewerage, a

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crematory, a system of street lights, either gas or electric or both, a system of public schools; paving or macadamizing streets, or sidewalks, erection of necessary public buildings, an adequate fire department, a hospital and drainage. Said bonds shall be signed by the Mayor of the City and the City Clerk of Sandersville under the Corporate Seal of said City of Sandersville, and shall be negotiated in a manner determined by said Mayor and Council to be to best interest of said city, provided however, said bonds shall not be issued for any of the above purposes until the same shall have been submitted to the qualified voters at an election held for that purpose, under and in conformity with the general laws of the state governing the issuance of bonds by a municipal corporation. Bonds, municipal. The said Mayor and Council shall have power and authority to order elections at various times to determine the issuance of bonds in accordance with general elections in said city at such time or times as they deem best for purpose of issuing bonds for the improvements designated in this Act. And said Mayor and Council shall provide how said public debt may be paid and shall constitute a sinking fund for said purpose. Section 62. Code of City of Sandersville: Be it enacted by the authority aforesaid that Mayor and Council may codify all ordinances with the Charter of the city into a book known as Code of City of Sandersville which shall be admitted under a certificate of the Clerk verifying same to be the code of laws and ordinances of said city. The Mayor and Aldermen have the right to change, amend, revise, recodify all laws and ordinances of the city where they deem it necessary and proper. Code.

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Section 63. City to succeed to all rights, privileges, equities and possession and be responsible for debts, obligations: Present rights and obligations. Be it enacted by the authority aforesaid that the City of Sandersville by this Charter and Act shall succeed to all the rights, powers, equities, privileges, and possessions and remedies and it is hereby made responsible for legal debts, liabilities, and obligations of present city of Sandersville as formerly incorporated. Section 64. Sidewalks, Cross WalksRegulation of use: Be it further enacted by authority aforesaid that the City of Sandersville shall have right and power use, over and under the sidewalks, cross walks, and structures; to require the owner and occupant of any premises to keep same in front of or along same free from all obstructions of any kind; to regulate and prevent the throwing of ashes, offal, dirt, garbage or other offensive matter into any street, avenue, lane, sidewalk, alley or public place in said city; and to prevent any injury of any kind to any street, lane or alley, or public buildings; to provide for and regulate the curbs and gutters that flow into the streets or on sidewalks of said city; to regulate or prohibit the use of the streets or public grounds for signs, sign posts, awnings, horse throughs, racks, and for posting hand bills and advertisements; to regulate or prohibit handbills and placards on sidewalks and public places of said city. Sidewalks, regulation of use of. Section 65. Fire LimitsPower to Establish: Be it enacted by the authority aforesaid that the Mayor and Council shall have the right and power to prescribe the limits in which wooden buildings or structures of any kind shall be erected, placed or repaired without permission of City Council; to provide that any such buildings within the fire limits, which shall have been damaged to extent of fifty

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per cent shall be torn down and provide the manner of ascertaining the damage. In case of offense against fire regulations, after having given five days notice, shall cause any building, not fire proof and erected in violations of ordinances to be removed at expense of owner or builder, to be collected by execution; and said city shall have the right to determine what are and what are not fire proof buildings within the meaning of 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, stove pipes, gasoline or other lamps used about any building or manufactory, and to cause 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 to insure safety from fire. The Mayor and Aldermen shall have authority by ordinance an application for a permit to build from one seeking to erect any kind of a house, shed, barn or fense and to require all details as to such proposed building; its material and its method of construction. Fire limits. Section 66. Fire Department Power to Establish and Regulate: Be it enacted by the authority aforesaid that the Mayor and Aldermen shall have the power and authority to establish and organize a Fire Department. They shall elect a Chief of the department; and such other officers and men as they deem necessary; they shall have right to remove any of the firemen or officers or other employees when they deem it best for the fire prevention service and the best interest of the city. They shall power to prescribe by ordinance all rules and regulations governing the department. The City Council shall fix the compensation for the men and officers of the department. The fire chief and firemen shall be elected for one year but may be removed at the pleasure of the Mayor and Aldermen. Fire department.

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Section 67. Streets, Alleys, Commons, Right to Remove Obstructions From: Be it enacted by the authority aforesaid that the City Council shall have power to summarily and forcibly remove at any time without any notice to any one and all obstructions of any character from the streets, sidewalks, alleys and commons of said city. Said City authorities shall have power and authority to prevent tramps, streetwalkers, vagrants, idle persons, lewd females from walking the streets and sidewalks of said city and may punish them in their discretion by any punishment fixed by ordinance. And whenever it shall appear to the Mayor of said city by evidence to excite suspicion of a reasonable and prudent man that any room, house, building or cellar in said City is being used as a home of illfame, as a residence of lewd women and illegal and disorderly practices are carried on, said Mayor may order the Chief of Police of said City or any of the regular or special policemen thereof to enter such building, house, room or cellar, if necessary, and arrest the occupants thereof and bring them before the Mayor to be dealt with as the law directs. Streets and alleys, control of. Section 68. Zoning Power to Establish Regulations and Limits: Be it enacted by the authority aforesaid that the Mayor and Aldermen of the City of Sandersville shall have power and authority to pass and enforce Zoning laws and ordinances and planning laws with respect to said city and shall have the power to regulate the use for which said 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 and developed, and enact such ordinances rules and regulations with respect thereto as the general welfare, public health and public safety demand. That the City Council of the City of Sandersville is authorized to

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promulgate rules, regulations and ordinances whereby the City of Sandersville, Georgia, may be zoned and districted for various use, and other or different uses prohibited therein; and to regulate the use or uses of such zones or districts may be set apart, to promulgate rules, regulations and ordinances for the development of real estate. The City Council may in the interest of public health, safety, comfort, prosperity and general welfare, adopt by ordinance a plan or plans, for districting or zoning of said city for the purpose of regulating of trades, industries, apartment houses, filling stations or other uses of property, or for the purpose of regulation the heights of buildings, fences or other structures near street frontages. The Zones into which the city is divided may be of such shape and area as the Mayor and Aldermen may deem best suited to accomplish the purposes of Zoning regulations. Zoning. Section 69. Registration of Business; Requirement of License-Power: Be it enacted by the authority aforesaid that the Mayor and Aldermen of said city shall have the power and authority to require any person, firm or corporation, whether resident or non-resident of City of Sandersville, engaged in carrying on or who may engage in carrying on any business, trade, vocation or profession either by themselves or by their agent or agents, to register their names and business, calling, vocation or profession and to require such person, firm or corporation, annually to pay for such registration and license to prosecute, carry on or engage in such business, calling or profession such amount to the Mayor and Aldermen as they by ordinance may require. Said Mayor and Aldermen may by ordinance provide for the punishment of persons or corporations who are required by ordinance to pay the special tax, and who shall engage in, or

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offer or attempt to engage in such business, without first complying in all respects with the city ordinances in reference thereto. Businesses, licenses and registration. Section 70. ConvictsPower to Work; Jail and Guard-house, Power to Establish: Be it enacted by the authority aforesaid that the Mayor and Aldermen shall have full power and authority to provide for the working of convicts from the Police Court upon the streets or other public places and works of said city; to establish, equip and maintain a city jail or guard-house in said city for the safe keeping of prisoners, convicts and persons violating the laws and ordinances of said city and to provide for the feeding of said prisoners. Convicts. Section 71. FranchisesRight to Grant: Be it enacted by the authority aforesaid that the Mayor and Aldermen shall have power and authority to grant franchises, easements, and rights of way in, on, under and over the streets, alleys, lanes, squares, sidewalks, parks and other property of the said City. The Mayor and Council shall likewise have the power and authority to pass such ordinances as may be necessary to carry out and effectuate the provisions of this section and to prescribe a penalty for a violation of these ordinances. Franchises, right to grant. Section 72. FranchisesMethod of Making Application For: Be it enacted by the authority aforesaid that the Mayor and Aldermen shall have power and authority to prescribe the method of making application for any such franchise, easement, permit, or right of way; what said application shall contain; to provide for such application to be published; to provide when such franchise, easement, permit, or right of way, if granted, shall become operative and generally

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to prescribe rules and regulations in respects the application, the filing, the publication of notice, granting of same. Franchises, application for. Section 73. FranchisesRight to Use in Granting to Public Utilities: Be it enacted by the authority aforesaid that the Mayor and Aldermen shall have the power and authority to use any street alley or alleys or other passage ways in said city for railroad, telegraph, telephone, gas, water and electric light. In granting such franchises, they shall fully and completely guard and protest, every interest, present and future of said city and no franchise hereunder shall carry with it any power, right or privilege except as/or specifically set forth, enumerated and named therein. Franchises, right to use. Section 74. Streets, Alleys, SidewalksAuthority Mayor and Aldermen over: Be it enacted by the authority aforesaid that the Mayor and City Council shall have the power and authority, to open, close, lay out, widen, strighten or otherwise change the streets, alleys, sidewalks, crossings or other passage ways of said city and shall have the power to vacate, close up, open, alter, grade, fill, curb, pave, drain, and repair the same. They shall have the power and authority to prescribe such rules and regulations for laying out, constructing, and maintaining same, and shall also have power to prescribe by ordinance for the curbing, paying of all the 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 is to be given, and when the work shall be completed, to supervise the construction of the same, 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,

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avenue, alley, sidewalk, street crossing, railroad crossing, or other passage ways to be paved in such a manner with such materials by resolution or ordinance, and shall have full authority to enforce such ordinances, rules and regulations, and provide such penalties, and issue such executions, as may be necessary to carry out the purpose of this section. Upon failure of the abutting owners, or those occupying those streets after notice to comply with the requirements of the section; they shall also direct their offices or persons in their employment to carry out and execute the provisions of said ordinance in reference to the sidewalks, pavements and street crossings at expense of the owner so refusing or failing to comply with said ordinance, and the said Mayor and Aldermen are hereby empowered to issue executions for said work and expense against said owner and collect the same, as in case of executions for taxes, Provided, however, that nothing contained in this section or any other part of this Charter shall be construed to confer any ministerial power on said City authorities, Mayor and Aldermen over streets, crossings, sidewalks, pavements, public building or public works of said city but the mayor and aldermen shall have the right to legislate concerning the same, and to prescribe by ordinance or resolution the work to be done and the manner of doing the work, and shall have charge of public property, street improvements, street forces and the performances of all other public work done within the limits of the City of Sandersville, of the character referred to in this and preceding sections. Streets, alleys, and sidewalks, authority over. Section 75. Private PropertyCondemnation for Public Purposes: Be it enacted by authority aforesaid that the Mayor and Aldermen shall be vested with full power and authority to condemn property within or without the said city necessary

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for public purpose in accordance with the method of procedure of the condemnation of property provided by the laws of Georgia. Eminent domain. Section 76. Street Tax, Power to Levy: Be it further enacted by the authority aforesaid that all male residents of said city between the ages of twenty one and fifty years who have resided in said city for thirty days before the first day of January, shall be subject to work the streets of said city for a period not to exceed five days in each year or pay to said city a commutation tax of three dollars. Should any person liable to work on 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 or City Recorder in Police Court to work on the streets of said city for and during a term not to exceed fifteen days under the direction and control of the City Marshal or to be fined in the discretion of the mayor. Street tax. Section 77. Running of Trains, buses, Power and Authority To Regulate: Be it further enacted by the authority aforesaid that the Mayor and Aldermen shall have full power and authority to regulate the running of all railroad trains, bus lines in the city, as well as terminals, to prescribe the manner in which the same shall be run, and the rates of speed and to provide for the necessary terminal. Common carriers. Section 78. Speed, Running, Parking, Buses, Trucks, Automobiles, on Streets: Be it enacted by the authority aforesaid that the Mayor and City Council shall have full power and authority to regulate the running, speed and parking of buses, trucks, automobiles, trailers, and other vehicles, upon the streets, alleys, or other public places in said city. Traffic regulation.

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Section 79. All laws in Conflict with this Act Abolished; harmonious retained: Be it further enacted by the authority aforesaid that all other Acts approved by the General Assembly of Georgia to City of Sandersville, except such parts of said Acts as may be in conflict with this Charter, be and they are hereby retained, continued in operation, confirmed, consolidated and made a part of this Act; but any provision of any Charter or any law or Act of the General Assembly which conflicts with any provision of this Charter and Act is hereby abolished or any part or parts of a law so in conflict with this Act is hereby specifically abolished. This Act shall not abolish any of the present ordinances, rules and regulations in said city, except where they come in conflict in whole or in partwith the provisions of this Act. Repeal of conflicting laws. Section 80. If Part of Act Declared Unconstitutional; Rest of Act Valid: Be it further enacted by the authority aforesaid that if any article, section, paragraph, or provision of this Act, in whole or in part, or any provision herein contained, shall be declared illegal or unconstitutional by a court of competent jurisdiction and a court of last resort, such ruling and judgments shall not have the effect of destroying or imparing the validity of the remaining part of this Act. In case the General Assembly shall have granted herein any powers or authority in excess of those permitted in the Constitution and laws of Georgia; or of the United States, then such power and authority given shall be construed just so far as possible not to exceed said authority of the General Assembly. Constitutionality. Section 81. Police Court: Be it further enacted by authority aforesaid that the City

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of Sandersville shall have a Police Court. This court shall have jurisdiction over all violations of the ordinances or resolutions of the City of Sandersville. Police court. Section 82. Police Court May have Recorder or Mayor May Preside: Be it further enacted by the authority aforesaid that it shall be optional with the Mayor and Council whether they shall have the Mayor as Presiding Officer of this Court or whether they will elect a Recorder and make him presiding officer of the court; power and authority is hereby given to Mayor and Council to elect a City Recorder. Recorder or Mayor may preside. Section 83. Police Court Jurisdiction: Be it further enacted by the authority aforesaid that the presiding officer of the Police Court shall have jurisdiction and authority to try all offenses against the laws and ordinances of said City of Sandersville, and to punish for violation of the same. Said court shall have power to enforce its judgments by the imposition of penalties as may be provided by law; to punish witnesses for non-attendance; and also to punish any person who may compel or advise, encourage or persuade another whose testimony is desired or material in any proceeding in said court, to go or move beyond the jurisdiction of the court. The presiding officer of the Police Court shall have power and authority to impose fines for violations of any law or ordinance of City of Sandersville, passed in accordance with its Charter to an amount not to exceed one hundred dollars, or to imprison offenders in the City jail or County of Washington jail for a space of not more than ninety days or at labor on streets or other public works of the City of Sandersville for not more than ninety days; the said presiding officer shall have the power and authority to impose any one or more of these punishments, when in the opinion of the court the facts justify it. Said Court and said presiding officer shall

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have power to preserve order, compel the attendance of witnesses, compel the books and papers to be used as evidence and to punish for contempt, provided punishment for contempt shall not exceed twenty five dollars or imprisonment for not more than ten days in the city prison or labor upon public works for not more than ten days. Jurisdiction. Section 84. Mayor or Recorder, Ex Officio Justice of Peace: The Mayor or Recorder, whichever presides in Police Court shall be to all intents and purposes a Justice of the Peace so as to enable him to issue warrants for offenses committed within the incorporate limits of City of Sandersville, which warrants may be executed by the Police-Force of the City, and to commit offenders to the jail of Washington County, or admit them to bail in bailable cases for appearance of next term of a court of competent jurisdiction to be held in and for said county. Ex-officio justice of the peace. Section 85. Police Court Commits to higher court, if offense one against state: If upon trial of any of the cases before the Police Court, it shall appear that any person on trial before said court has committed an offense against the state of Georgia; it shall be the duty of the presiding officer to commit said person to jail or admit him to bail in bailable cases, for his appearance at next term of a court of competent jurisdiction for said county. Commitment. Section 86. Police CourtRight of Certiorari: Be it enacted by the authority aforesaid that the right of Certiorari from the decision and judgment of the Presiding Officer shall exist in all criminal cases, and shall be obtained from Judge of The Superior Court of the Middle Circuit under the laws of the State regulating and governing and issuance of Writ of Certiorari. Certiorari.

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Section 87. Police Court, Duties of, Clerk, Marshal, and Policemen, Service of all Papers: Be it enacted by the authority aforesaid that the duties of the City Clerk, Chief of Police, Marshal, Assistant Marshal and other Policemen, in connection with such court as elsewhere specified herein, as well as other duties required by Mayor and Council in connection with said court, may require of them and all processes summons, attachments and executions, warrants issuing out of said court, shall issue and have effect as elsewhere specified herein. Duties of officers. Section 88. Police CourtRules of Practice: Be it enacted by the authority aforesaid, that the rules of practice in the Police Court shall as far as practicable shall be the same as rules of practice in the superior courts of the state, including the rules of evidence. All officers shall be legal witnesses. Rules. Section 89. Police Court Power to Regulate Costs in: Be it enacted by the authority that the Mayor and Aldermen shall have full authority to pass all rules, laws, ordinances, regulations necessary and proper to secure the efficient and successful administration of the Court, regulating the cost of appeals and of certiorari, and providing for forfeiture of bonds. Costs. Section 90. Mayor has power to Suspend, modify or remit, Court judgment: Be it enacted by the authority aforesaid that the Mayor of the City of Sandersville shall have full power and authority to suspend, modify, or remit any sentence imposed in said court for violation of any city ordinance, law or regulation. Suspension of sentence.

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Section 91. Ministerial Officers, Duty to Attend Police Court Sessions: Be it enacted by the authority aforesaid that all the ministerial officers of the court, for purpose of executing the orders of the court and for such other duties of the court as may be imposed on them shall attend the sessions of said court. Ministerial officers, duty to attend. Section 92. Police Court, Marshal and Policemen, Have Power to arrest: Be it enacted by the authority aforesaid that the Marshal, Assistant Marshal, Chief of Police and all other policemen, shall have power and authority to arrest all persons, guilty of disorderly conduct or public indecency, all persons violating, ordinances, laws, or regulations of said city and all persons committing or attempting to commit any crime and confine them in the City Prison or the common jail of Washington County to be brought before police court at its next session; providing all persons desiring to give bail for their appearance in court in bailable cases shall be allowed to do so. The Marshal, Assistant Marshal, Chief of Police or any policemen take bonds for the appearance of the persons arrested before the police court and bonds may be forfeited as herein provided. Arrest. Section 93. Police Court, Mayor an Clerk, Authorized to Issue Warrants: Be it enacted by the authority aforesaid that the Mayor and Clerk of the City are each hereby authorized to issue warrants for the arrest of persons charged, upon affidavits before him made with having committed within the city limits, offenses against any law or ordinance of the city. All of said warrants shall be addressed To The Marshal, Assistant Marshal, Any Policeman of City of Sandersville, and

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to all and singular the sheriffs, deputy sheriffs and constables of this state, any one of whom shall have authority to execute said warrants. Warrants, issuance of. Section 94. Police Court, Power to Forfeit Defendant's Bond upon Failure to appear as conditioned by the Bond: Be it further enacted by the authority aforesaid that whenever any defendant shall give bond for his appearance and shall fail to appear at time fixed for the trial, the bond may be forfeited by the person presiding over said court at the 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 the hearing of the rule nisis. Cash may be accepted in lieu of bond and security for the appearance of offenders for trial, and if such offenders fail to appear at time and place fixed for trial, the cash so deposited, shall be by order of presiding officer, declared forfeited to City of Sandersville. Bonds, forfeiture of. Section 95. Police Court, Defendant Has Right to Counsel: Be it further enacted by authority aforesaid that all persons who are placed on trial in the Police Court shall have opportunity to employ counsel if they so desire. Counsel, right to. Section 96. Police Court, Times and Places Held: Be it further enacted by the authority aforesaid that the Police Court shall be held at such times and places as the Mayor and Aldermen shall designate and as often as may be necessary to try all offenders against city ordinances and to commit for state offenses. Where and when held. Section 97. Violations of Ordinances and laws, Punishment where not stipulated: Be it enacted by the authority aforesaid that wherever the punishment is not fixed in connection of any offense

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against the City laws and ordinances of said City that the punishment shall be as follows: for sentence upon conviction any person is subject to be fined not to exceed one hundred dollars, to imprisonment not to exceed ninety days, to labor on public works or on streets not more than ninety days; any one or more of this penalties may be inflicted, when the occasion justifies such action. Ordinances, violation of, punishment. Section 98. Repealing Clause: Be it further enacted by authority aforesaid that all laws, or parts of laws in conflict with this Act are hereby repealed. Repealing clause. Section 99. Charter Becomes Effective When: Be it further enacted by authority aforesaid that this Act and Charter and all provisions thereof shall become effective on the passage of this Act by the General Assembly of Georgia and upon the acceptance of the Charter by the Mayor and Aldermen of City of Sandersville. Effective when. Approved February 13, 1941. SANTA CLAUSE CITY CHARTER. No. 340. An Act to create and incorporate the City of Santa Clause, in the County of Toombs, and grant a charter to that municipality under that corporate name and style; to prescribe and define the corporate limits thereof; to provide a municipal government for said city, and to declare the rights, powers, privileges, and liabilities of said corporation; to authorize said city to issue bonds and other evidences of debt for public purposes, such as for waterworks, sewers or other means of sanitation, or to levy and collect a tax for the construction of waterworks, sewers or other means of sanitation; to declare and define the police powers of said city, and to declare and

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define the duties and powers of the officers of said city; to provide for the election of a mayor and council of said city, authorizing them to make and enforce the ordinances of the same and for all other necessary purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the City of Santa Clause, in Toombs County, be and the same is hereby incorporated as a city under the name of Santa Clause. Santa Clause incorporated. Section 2. That the municipal government of said city shall be vested in a mayor and four councilmen, who are hereby constituted a body corporate under the name and style of the City of Santa Clause, and by that name and style shall have perpetual succession; shall be capable of contracting; buying and holding property, using and being sued; shall have all the incidental rights conferred by law and all rights hereinafter conferred; C. G. Greene being hereby appointed and designated mayor of said city, and M. F. Bedgood, Mrs. L. R. Greene, H. R. Hamilton and M. A. Hamilton are appointed and designated as councilmen of said city to serve till their successors are elected and qualified. The mayor and council shall hereafter be elected annually on the second Monday in September in an election to be at some 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 of 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, and owes no

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taxes to the said city which are past due. The said election managers shall ascertain and make public the results of said election by posting the same conspicuously in writing at the place of election, and, if no contest, the persons declared elected shall at once assume their official duties. After the first election and in all succeeding elections the election returns shall also be made to the existing mayor and council who shall canvass the same and preserve them for six months. Any contest of elections shall be had as now provided by law of Georgia, and any illegal voting to be punished as provided by the laws of Georgia. Government vested in whom. Election: Section 3. The said mayor and council shall, after election, each take and subscribe the following oath in their minute book: We each do swear that we will faithfully and impartially administer the laws of the City of Stanta Clause to the best of our skill and ability. Oath. Section 4. Said mayor and council shall hold regular Monthly meetings, and any call meetings, when desired, to conduct the government of said city. They shall have authority to enact any ordinance or laws for the government of said city permitted by its charter. All such laws and ordinances shall be enacted in the following manner: Any proposed ordinance shall be presented in written form to the mayor and council in regular session for two sessions, and shall receive a majority vote of the entire body (three votes) at two sessions before becoming a law, after which it must be recorded in their minute book kept by the mayor. Meetings. 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 is 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 contable would receive for similar services in the justice court, to be taxed in the cost bill. He shall inforce all the laws of said city and orders of the mayor and council. Powers. 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 fixe (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 10 days' advertisement by posting three notices in said city; if realty, to be sold in the same place after four weeks' advertisement in a newspaper of said county; the marshal shall execute deeds of title. All property in said city shall be returned to the mayor for taxation, and entered in book for tax returns, and all property existing in said city on January 1 hereafter shall be taxable that year against the owner. All taxes, fines, and forfeitures shall be collected and held by the mayor and disbursed by him. He shall give bond to the members of the council after each election in the sum of five hundred ($500.00) dollars for the faithful performance of his duty. Tax, power to levy. Rate. 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. Police 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 three ($3.00) dollars as personal street tax. Streets. 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. Section 11. Be it further enacted, That the corporate limits of said city shall extend as follows: Beginning at Northwest at a point on U. S. Highway Number 1, where lands of Mrs. J. P. Pughsley and C. G. Greene joins, and thence east along the dividing line between lands of Mrs. J. P. Pughley and C. G. Greene to branch, and thence south along the branch line between lands of John Hancock Mutual Life Insurance Company and C. G. Greene, to Kinsey's land, thence West along Kinsey's lane to U. S. Highway Number 1. thence North along U. S. Highway Number 1. to beginning point, said land being in Fifteen Hundred and thirty six District, Georgia Militia, Toombs County, Georgia. City limits. Section 12. Be it further enacted, That all laws and parts of laws in conflict with this act are hereby repealed. Repealing clause. Approved March 27, 1941.

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SAVANNAH ARMSTRONG JUNIOR COLLEGE BUILDING. No. 93. An Act to be entitled An Act to allow the Mayor and Aldermen of the City of Savannah to encroach on and build upon certain sidewalks or streets in the City of Savannah, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same that the Mayor and Aldermen of the city of Savannah be, and they are hereby allowed to encroach and build on the following streets or sidewalks in the City of Savannah for the purpose of erecting a building for the Armstrong Junior College: On Taylor Street from Drayton Street to Bull Street, the Mayor and Aldermen of the City of Savannah shall be allowed to encroach on and build upon the said Taylor Street a distance of ten (10) feet in width: on Waynes Street from Drayton Street to Bull Street, the Mayor and Aldermen of the City of Savannah shall be allowed to encroach and build upon the said Wayne Street a distance of eight (8) feet in width. Building. Section 2. Be it further enacted by the authority aforesaid that all laws, or parts of laws, in conflict with the provisions of this Act be, and the same are hereby repealed. Repealing clause. Approved February 26, 1941.

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SAVANNAH BEACH CHARTER AMENDMENTS. No. 232. An Act to amend the several Acts incorporating The Mayor and Councilmen of the Town of Tybee, now known under the Act of the General Assembly aproved August 1st, 1929, as Savannah Beach, Tybee Island, to grant authority to The Mayor and Councilment to deed a certain portion of the Strand to the property owners adjacent 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 the Act of the General Assembly of the State of Georgia, approved August 19th, 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 adding a new section as follows: Act of 1922 amended. Section 44. Be it further enacted by the General Assembly of the State of Georgia that The Mayor and Councilmen shall, after the passage of this Act, have authority to deed, transfer and quitclaim, by resolution, to any property owner who has contributed an aliquot part of the cost of the erection of the sea wall, from the northern corner of Second Street to the northern corner of Fourteenth Street along the Strand all of the right, title, and interest of the said Municipality in and to that portion of the Strand which remains abutting the property of such property owner eastwardly to within eighteen (18) feet of the sea wall and such owner so contributing shall have the right for this consideration to obtain from the Municipality such deed, transfer and quitclaim, provided that the said Mayor and Councilmen and the said property owners shall not utilize the

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eighteen (18) foot area abutting on sea wall and land so deeded except for the purposes of repair and/or maintenance of said sea wall and groins. Conveyances. Section 2. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Act of the General Assembly, approved August 19th, 1922, entitled An Act to amend, revise and consolidate the several acts granting corporate authority to the Town of Typee; to convey additional power 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 3 thereof and inserting in lieu thereof the following: Sec. 3 stricken. Section 3. Be it further enacted that the present Mayor and Councilmen elected on the first Monday in April, 1922, shall hold office until their successors are elected and qualified and that an election of a Mayor and six (6) Councilmen shall be held on the first Monday in April, 1924, and every two (2) years thereafter on the same day and the hours of voting thereat shall be between seven (7) a. m. in the forenoon and six (6) p. m. in the afternoon. The Mayor and Councilmen shall hold their respective offices until their successors have been duly elected and qualified. Officers held until when. Election. Section 3. Be it further enacted that the Mayor and Councilmen of the Town of Savannah Beach, Tybee Island, shall have the right to buy, sell and/or exchange any part of the Public Domain which will include public streets and the Strand which are not considered necessary or convenient for public use and when same is to the best advantage and interest of the Mayor and Councilmen, but shall not close, exchange or sell any public street which has been opened to the public by the municipality and used by the public, except after approval by a majority vote of all the qualified voters of said municipality. Public domain, right to convey.

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Section 4. Be it further enacted that the Mayor and Councilmen of the Town of Savannah Beach, Tybee Island, shall have power to levy, impose and collect a special tax in a sum not to exceed one quarter of one per cent on the total value of the assessments on the books of said Municipality as of January 1st, 1941, for the purpose of maintaining the sea wall and groins, for beach erosion, for street paving and for sanitary purposes including collections and disposal of garbage; and that in all cases where it shall be necessary to levy a special additional tax for any one or more of the afore-mentioned purposes, the levy and assessment of the same for each shall be separately made and collected and all amounts so collected shall be applied exclusively to the said expenses for which said tax is levied and collected. Tax, special. Section 5. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Repealing clause. Approved March 24, 1941. SAVANNAH MAYOR'S PENSION AND POLICE CHAIRMAN'S SALARY. No. 22. 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 relative 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 Charter of The Mayor and Aldermen of the City of Savannah, which has heretofore been

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amended, be and the same is hereby amended by inserting a new paragraph, appropriately numbered, to read as follows: Savannah charter amended. Mayor's Pension. From and after the passage of this Act, any person who has been a regular employee of the Mayor and Aldermen of the City of Savannah for a period of twenty-five (25) years or more and who has served the Mayor and Aldermen of the City of Savannah as Mayor for a period of five (5) years or more, and who has attained the age of seventy (70) years, shall, on retirement from the office of Mayor, be entitled to a pension in the sum of Two Hundred ($200.00) Dollars per month for the balance of his natural life. Mayor's pension. Section 2. Be it further enacted that, due to the great influx of soldiers into the Savannah area because of the National Defense Program, which has caused the Chairman of the Police Committee of Council to devote a great portion of his time to Police work and Police supervision, and because of constant cooperation by the Chairman of the Police Committee with the United States Army authorities, and because of his position as Liason Officer between the Police Department of the City of Savannah and the Federal Bureau of Investigation, and because of the constant attention he has to devote to helping maintain proper policing of the City of Savannah and vicinity; Police committee chairman. It is therefore enacted that from and after the passage of this Act and up to and including the first day of February, 1943, The Mayor and Aldermen of the City of Savannah are authorized and directed to fix, as compensation for the Chairman of the Police Committee of Council, on a semi-monthly basis, a salary on a similar basis and in keeping with the salary now received by the Chairman of the Finance Committee of Council. Salary, change in.

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Section 3. 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. Repealing clause. Approved February 11, 1941. SAVANNAH PENSIONSACT AMENDED. No. 90. 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 relative 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 Charter of the Mayor and Aldermen of the City of Savannah, which has heretofore been amended, be and the same is hereby amended by inserting a new paragraph, appropriately numbered, to read as follows: Savannah. charter amended. That from and after the passage of this Act, all regular, full time employees of the Armstrong Junior College Commission, the Park and Tree Commission, the Library Board, and the Recreation Commission shall be entitled, upon payment of two (2%) per cent. of their salaries, to all of the rights and benefits of the Pension Laws pertaining to the employees of the Mayor and Aldermen of the City of Savannah. Pension law, application to. Section 2. Be it further enacted by the authority aforesaid that any of the regular full time employees of the Armstrong Junior College Commission, the Park and Tree Commission, the Library Board, and the Recreation Commission who have been participating and paying into the Pension Fund of the Mayor and Aldermen of the City of

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Savannah shall be entitled to all of the benefits and privileges as of the date they began to pay into said Pension Fund. Privileges and benefits. Section 3. Be it further enacted by the authority aforesaid that from and after the passage of this Act only full time regular employees of the Mayor and Aldermen of the City of Savannah shall contribute to the Pension Fund and only regular full time employees of the Mayor and Aldermen shall hereafter be entitled to pensions under existing laws and ordinances. Full time employees, application to. Section 4. Be it further enacted by the authority aforesaid that any employee, or employees, of the Mayor and Aldermen of the City of Savannah, not classified as regular full time employees, and who have heretofore contributed to the Pension Fund, shall be reimbursed in the total principal amount which they have hereto contributed to said Pension Fund. Part-time employees, re-imbursement to. Section 5. 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. Repealing clause. Approved February 26, 1941. SAVANNAH PORT AUTHORITYADDITIONAL POWERS. No. 255. An Act To confer upon the Savannah Port Authority, acting pursuant to Article VII, Section II, Paragraph 1 of the Constitution of the State of Georgia, additional powers with respect to the issuance, sale or exchange of bonds for the construction of facilities authorized thereunder, entering into contracts for acquiring, constructing and leasing of such facilities, to define the liability upon debts and obligations of the said Port Authority, fix the status

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of its Bonds, and to provide for the validation 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 in order to enable the Savannah Port Authority to finance the construction of facilities and to issue bonds pursuant to and as authorized by Article VII, Section VII, Paragraph 1 of the Constitution of the State of Georgia, with the greatest possible dispatch, in order that such facilities may be leased to ship building plants engaged in the Defense Program of the United States Government, the Savannah Port Authority is hereby authorized and empowered, subject to the approval of the Mayor and Aldermen of the City of Savannah, to enter into contracts for the acquisition, purchase, and leasing of land, and to contract for the construction of facilities, and to issue and dispose of bonds therefor in such manner and containing such terms and conditions as may be agreed upon by the Savannah Port Authority, and the contracting party leasing said land, or facilities, or constructing said facilities or purchasing said bonds, and the Savannah Port Authority is hereby expressly authorized and empowered to execute and perform all such contracts in accordance with the terms thereof, including particularly the power to sell said bonds for cash, or exchange said bonds for property or services, and to construct improvements and contract for the construction of improvements, without regard to restrictions and limitations contained in any law governing municipalities or political subdivisions of the State of Georgia. Bonds, issuance of. Defense program, aid of. Contracts, entering into. Bonds, power to sell. Section 2. The Mayor and Aldermen of the City of Savannah shall not be liable in any manner to any person for or upon any contract, agreement, or other act or omission of the said Savannah Port Authority, its officers, agents or employees. No personal liability. Neither the members of said Port Authority nor any person

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executing its Bonds shall be liable personally on the Bonds by reason of the issuance thereof, and the members of the Port Authority shall not be personally liable for any act or thing done or performed in their official capacities. The Bonds and other obligations of said Port Authority shall not be a debt of the City of Savannah and in no event shall said Bonds of said Port Authority be payable out of any funds or properties other than those of the said Port Authority specifically pledged to secure the Bonds. Section 3. The bonds shall not be construed to constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. The bonds of the said Port Authority being issued for public and governmental purposes shall be exempt from taxes in the same manner and to the same extent as bonds of other governmental bodies. Exemption from taxation. Section 4. Validation of Bonds. Any bond issued under the authority and provisions of Section 1 of this Act or under any other law or constitutional amendment, dealing with the powers of said Savannah Port Authority may be validated by Savannah Port Authority in the Superior Court of Chatham County, Georgia by notifying the Solicitor General of the Eastern Judicial Circuit of the fact of a resolution by said Savannah Port Authority and of the approval of the Mayor and Aldermen of the City of Savannah of said action, expressing the intention of said Savannah Port Authority to issue said bonds or of the issuance thereof, which notice shall be accompanied by a certified copy of the Resolution of Savannah Port Authority authorizing said bonds. Such service shall be personal. All other proceedings in connection with such validation shall be had in conformity to the general laws of the State providing for validation of bonds by County, Municipality or other political division and such validation shall have the same effect as provided by the general law of the state in such cases. Validation.

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Section 5. Be it further enacted by authority of the same that all laws and parts of laws inconsistent herewith be and the same are hereby repealed. Repealing clause. Approved March 24, 1941. SAVANNAH STREET CLOSING. No. 199. An Act To amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, particularly with respect to certain streets and lanes of said City, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of same, that Whereas, in the construction of governmental buildings, housing projects and defense projects in the southern part of the City of Savannah, it has been deemed best to change the present plan and lay-out of some of the streets and lanes of the City, Therefore Section 1. Be it enacted by the General Assembly of the State of Georgia as aforesaid that the Mayor and Aldermen of the City of Savannah from and after the passage of this Act shall have power and authority to close, abandon, convey to adjoining property owners, and otherwise dispose of, with or without consideration, and upon such terms and conditions as they deem proper, all or any part of Fifty-sixth Street Lane, Fifty-seventh Street and Fifty-seventh Street lane in said City as now laid out between the eastern side of Bull Street and the western side of Habersham Street. Certain streets, right to convey.

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Section 2. Be it further enacted by authority of the same that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Repealing clause. Approved March 22, 1941. SOCIAL CIRCLE CITY CLERK AND TREASURER. No. 334. An Act To amend the charter of the City of Social Circle in the County of Walton, approved August 4th, 1904, Acts of 1904, pages 626 to 638 inclusive, and Acts amendatory thereof; to authorize and provide for employment of city clerk and treasurer, their compensation and qualification to hold said office. Act of 1904 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 after the passage of this Act section 26 of the charter of the City of Social Circle, approved August 4th, 1904, be amended by striking lines 1, 2, 3 and 4 of said section and incerting in lieu thereof the following Be it further enacted, That said Mayor and Council shall elect a Mayor (pro tem),. A clerk of council, a city treasurer. The Mayor (pro tem) must be a member of city council and hold said office so long as his term as councilmen continues. The clerk of city council, and city treasurer, may or may not be a member of the city council, and shall hold office until removed from said office by a majority vote of said Mayor and Council. So that said section, when amended, shall read as follows. Be it further enacted by the authority aforesaid, That said Mayor and Council shall elect a Mayor pro-tem, a clerk of council, a city treasurer. The mayor pro-tem must be a member of city council and hold office so long as his term as councilmen continues. The

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clerk of city council, and city treasurer, may or may not be a member of the city council, and shall hold office until removed from said office by a majority vote of said Mayor and Council. They shall also elect a chief of police and such other police, one or more, on such terms and for such compensation as they may determine. The duties of said officers shall be determined by this charter and the ordinances made and adopted by the authority of the same. And that they may require of said officers such bonds for faithful performance of their respective duties as they may deem necessary. Act of 1904 amended. Officers, election of. Section 2. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same. That after the passage of this Act section 28 of the charter of the City of Social Circle, approved August 4th, 1904, and amendment thereto enacted by the General Assembly of the State of Georgia, Act of 1920, pages 1508, 1509 and 1510, and Approved August 7th, 1920, be amended by striking that portion of said section reading as follows: Sec. 28 stricken. That the Mayor and Council may pay their clerk of council and treasurer any amount not exceeding Two Hundred and Fifty Dollars per year each for their services. and inserting in lieu thereof the following: That the Mayor and Council may fix the salary of the city clerk and treasurer at some reasonable and just compensation, taking in consideration the time required of said offices and the responsibility attached thereto. So that said section, when amended, shall read as follows. Be it further enacted. That the salary of the Mayor shall be fixed at the last meeting of the Mayor and Council for the next official year at a sum of not less than One Hundred Dollars and not more than Five Hundred Dollars. That the Mayor and Council may fix the salary of the city clerk and treasurer at

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some reasonable and just compensation, taking in consideration the time required of said offices and the responsibility attached thereto. City Clerk and TreasurerCompensation. Section 3. Be it further amended by authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Repealing clause. Approved March 27, 1941. SPRINGFIELDWARDENCONTRACT AUTHORITY. No. 455. An Act to amend an Act entitled: An Act to create and incorporate the City of Springfield in the County of Effingham, 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 and privileges, and liabilities of said corporation; to authorize said City to issue bonds and other evidences of debt for public purposes, such as for school buildings and equipment for same, sewers, electric lights and water works; to declare and define the police powers of said city and to declare and define the duties and powers of the officers of said city, and to provide for other matters of municipal regulations, concern and welfare; and for other purposes approved August 19th, 1912 (Ga. Laws 1912, pages 1296 to 1330, inclusive) so as to authorize the municipal authorities of said City of Springfield to contract with Effingham County for quarters, board and the use and work of the convicts in the Mayor's Court of said City of Springfield; 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 Mayor and Aldermen of the City of Springfield shall have the power to select a competent warden for its chain-gang, or they may select the City Marshall, who shall receive no extra compensation and who shall be empowered, subject to the approval of the said Mayor and Aldermen of the City of Springfield, to contract with the County of Effingham or any other person or persons or body corporate for sleeping quarters and board for its said convicts and may further contract with the said County of Effingham for the use, services and work of its said convicts in the Mayor's Court of said City of Springfield. Warden, powers. 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. Repealing clause. Approved March 27, 1941. STATESBORO TAXES. No. 115. An Act To amend the charter of the City of Statesboro and the several Acts amendatory thereof, incorporating the Mayor and Councilmen of the City of Statesboro, relating to and supplementary thereto; and for other purposes. Section 1. The Mayor and Council of the City of Statesboro are, also, hereby vested with full power and authority to make such assessments and lay such taxes on the inhabitants of said city, and those who hold taxable property within the same, and those who transact or offer to transact business therein, as said corporate authorities may deem expedient for the safety, benefit, convenience and advantage of said city, and may enforce the payment of such assessments and taxes in such manner as said Mayor and Councilmen may prescribe. Besides real and personal property,

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the said Mayor and Councilmen may tax capital invested in said city, stocks in money corporations, choses in action, income and commissions derived from the pursuit of any profession, faculty, trade, or calling, dividends, bank, insurance, express and other agencies, and all other property or sources of profit not expressly prohibited or exempted by State law or competent authority of the United States. Taxation. Section 2. The Mayor and Aldermen shall have full power and authority to regulate the use of the streets of the City of Statesboro for business purposes and no person, firm or corporation shall have the right to use the streets of said City of Statesboro for business purposes without first having obtained the consent and license of the Mayor and Aldermen of the City of Statesboro. Streets, use of. Approved February 26, 1941. ST. MARYS STREETS AND RIPARIAN RIGHTS. No. 44. An Act to authorize and empower the City of St. Marys, Georgia, to close certain portions of certain streets in said City, to authorize the City authorities to grant to firms, corporations and individuals, the use for commercial purposes beneficial to said City, the foot of all water front streets in said City; to define and regulate said use, and to ratify and confirm any grant or privilege heretofore given, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Mayor and Board of Aldermen of the City of St. Marys, Georgia, are hereby authorized and empowered to close and abolish those portions or sections of the following streets in said City, to-wit: Certain streets closed and abolished.

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Gallop Street from Ready Street to North River, St. Patrick Street from Ready Street to North River, Liberty Street from Ready Street to North River, Fleming Street from Ready Street to North River, Finley Street from Ready Street to North River, Union Street to Cole Street, Also the East half of Ready Street from the Southwest corner of the property of the St. Marys Kraft Corporation to North Street. Also Norris Street from the south line of the property of the St. Marys Kraft Corporation to the North line of said property. Also Cole Street from Meeting Street to Finley Street. And the said Mayor and Board of Aldermen of the City of St. Marys are authorized and empowered to sell, lease, or otherwise dispose of said portions of said streets for the purpose of advancing the commercial interest of said City of St. Marys, and for other purposes. Section 2. Be it further enacted by the authority aforesaid that the Mayor and Aldermen of said City of St. Marys, shall have authority by ordinances, contracts, or resolutions, to grant and convey to firms, corporations, or individuals, riparian rights and other uses of commercial benefit to said City, to the foot of all water front streets in said City, provided however, no rights so granted or given shall be of such nature as to interfere with the free and legal use of adjacent property by the owners of same. Conveyance. Section 3. Be it further enacted by the authority aforesaid; That, that certain deed of conveyance made, executed and delivered by the City of St. Marys, Georgia, to the St. Marys Kraft Corporation, a Georgia corporation, conveying to said corporation a certain tract of land in said City, which tract includes within its boundaries the portions of the streets described in Section I, of this Act, be, and the same is hereby ratified and confirmed. Conveyance confirmed.

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Said deed dated August 6th, 1940, and recorded in the Clerk's office of the Superior Court of Camden County, Georgia, in Deed Book NN, Page 355. Section 4. Be it enacted by the authority aforesaid that all ordinances, resolutions, or contracts, heretofore passed or granted by the Mayor and Aldermen of said City of St. Marys, Georgia, conveying or authorizing the use, for commercial purposes or benefits to said City, to the foot of any or all water front streets in said City, or the use of any other lands or property in said City, are hereby ratified and confirmed, and especially that certain ordinance passed by the Mayor and Aldermen in November 1908, and confirmed by contract by said Mayor and Aldermen of said City with the Atlantic, Waycross and Northern Railroad Company, and its successors and assigns, dated November 18, 1914, which said contract is on record in the office of the Clerk of the Superior Court in Camden County, Georgia, in Book Z, Page 511 to 515. Certain acts confirmed. Section 5. Be it further enacted that all laws or parts of laws in conflict with this Act be, and the same are hereby repealed. Repealing clause. Approved February 11, 1941. ST. MARYS ZONING AND PLANNING. No. 41. An Act To amend an Act granting to the City of St. Marys, Georgia, a Charter approved August 15, 1910, Georgia Laws 1910, Page 1086 et. seq., and all amendatory Acts thereof, to grant to the governing authorities of the City of St. Marys authority to pass zoning and planning laws whereby the City of St. Marys may be zoned or districted for various uses, and other different uses prohibited therein, and regulate the use for which said zones

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or districts may be set apart, and regulate the plans for development and improvement of real estate, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted, by authority of same, that the Act establishing a Charter for the City of St. Marys, Georgia, approved August 15, 1910, and the several Acts amendatory thereof are hereby amended as follows: Act of 1910 amended. Section I. That, pursuant to article 3, section 7, paragraph 26, of the constitution of Georgia, the City of St. Marys is hereby authorized to adopt ordinances and pass laws, whereby the said City of St. Marys may be zoned and districted for various uses, and other or different uses prohibited therein, and regulating the use for which said zones or districts may be set apart, and regulating plans for the development and improvement of real estate therein, and to adopt all zoning and planning laws, not inconsistent with the Constitution, as said City may deem necessary or proper, to promote the public health, safety, morals, order, comfort or general welfare. Zoning ordinances. Section II. That the Mayor and Council of said City, for any one or more of the objects above named, may adopt by ordinances a plan or plans for the districting or zoning of said City for the purpose of regulating, defining and restricting; Plans. (a) The location of trades, industries, apartment-houses, dwellings, or other uses of property, (b) the height of buildings or other structures, (c) the area or dimensions of lots or yards used in connection with buildings or other structures, (d) the alignment of buildings or other structures near street frontages.

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The zoning regulations may be based upon any one or more of said purposes. The City may be divided into such number of zones or districts, and such districts may be of such shape and area as said Mayor and Council shall deem best suited to accomplish the intent of the zoning regulations. In the determination and establishment of districts and regulations, classifications may be based on the nature or character of the trade, industry, profession, or other activity conducted or to be conducted upon the premises, and within the said zone, the number of persons, families, or other group units to reside in or to use buildings, the public, quasi-public, or private nature of the use of premises, or upon any other basis or bases relevant to the promotion of the public health, morals, safety, order, propriety, or welfare. Property, classification of for use. Section III. Said Mayor and Council shall be empowered in any districts proposed to bet set aside primarily for residence purposes, to further classify the use thereof and to provide therein the class or classes of residents to be housed therein, and to provide therein such other or similar regulations and restrictions as shall tend to secure the welfare, public health, morals, safety and good order of the City and the residents thereof. Section IV. If any provision of this Act shall be held to be unconstitutional, such provision alone shall be invalid and the other parts of this Act shall be uneffected thereby, and shall remain in full force and effect. Section V. All laws and parts of laws in conflict with this Act shall be and the same are hereby repealed. Repealing clause. Approved February 11, 1941.

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SUMMERVILLE CHARTER AMENDMENTS. No. 436. An Act To amend an Act entitled an Act to create and incorporate the City of Summerville in lieu of the town of Summerville, and for other purposes (Acts 1909, pages 1366-1380), by amending Section 4 of said Act by striking the sentence which reads as follows: Any citizen of said town of any ward thereof may be elected Mayor and substitute in lieu thereof the following: Before a person shall be qualified for election as Mayor or Councilman he must have been a resident of the City of Summerville for a period of at least twelve months prior to the date of election, and such candidate or candidates must also be qualified to vote for members of the General Assembly; to amend Section 6 of said Act by striking the word one in the third line of said Act and substituting in lieu thereof the word two so that said Section shall read as follows: The Mayor and such Councilmen of said City shall be elected on the first Saturday in January of each year for the term of two years, and until their successors are elected and qualified; that Section 6 be further amended by adding a sub-section thereto to be known as Section 6 (a), and to read as follows: It is the intent of this Act not to extend the present term of office of the present Mayor and present members of Council, but this two year term of office shall apply on and after the election held in January, 1942. By amending Section 15 of said Act by striking said Section 15 of said Act and substituting in lieu thereof a new Section 15 to provide that the place and date for the Police Court of the City of Summerville to be determined by the Mayor and Councilmen, that such Court may be held by the Mayor, Mayor pro tem, or Recorder

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under such regulations as Mayor and City Council may adopt, to provide that the officers presiding in said Police Court shall have authority to punish persons convicted therein for violating the ordinances of said city by a fine not exceeding one hundred dollars ($100.00) or by imprisonment in jail of Chattooga County, or by work on the city streets or such other place of imprisonment as the Mayor and City Council may designate for a term not exceeding ninety days, either or both, and further that said ninety day term may be served either in jail or upon the common works of the City of Summerville by hard labor, the same to be determined at the discretion of the presiding officer; to also provide for the punishment of contempt, to also provide that City Council may suppress cruelty to animals, gaming, the running of blind tigers, loud and disorderly houses, public indecency, loudness, obscurity, profanity and all like things, notwithstanding the acts may also be involved in State offences. Act of 1909 amended. To provide for a new Section to be known as Section 29, the same to provide that no locomotive engine shall blow a steam whistle within the City Limits, and to regulate the speed of such trains at fifteen miles per hour except at Railroad Crossings where the speed shall not be in excess of six miles per hour; to provide that a violation of Section 29 shall constitute a misdemeanor and that the offender upon conviction shall be fined or imprisoned as set forth in Section 15 of this Act; to repeal all laws and parts of laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same: Section 1. That Section 4 of said Act be amended by striking from the 7th and 8th line of said Section the following: Sec. 4 amended. Any citizen of said town of any ward thereof may be

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elected Mayor; and substitute in lieu thereof the following: Before a person shall be qualified for election as Mayor or Councilman he must have been a resident of the City of Summerville for a period of at least twelve months prior to the date of election, and such candidate or candidates must also be qualified to vote for members of the General Assembly, so that said Section as amended shall read as follows: Section 4. The municipal authorities of said city shall consist of a Mayor and four Councilmen, who, together shall be known as the city council. Said councilmen shall be elected in the manner as hereinafter provided, but no two councilmen shall be elected from any one ward, but there shall be one councilman elected from each ward, who is a resident of said ward. Before a person shall be qualified for election as Mayor or Councilman he must have been a resident of the City of Summerville for a period of at least twelve months prior to the date of election, and such candidate or candidates must also be qualified to vote for members of the General Assembly. Three councilmen or the Mayor and two councilmen shall constitute a quorum of the city council. The concurrent vote of three councilmen, or the Mayor and two councilmen, shall be necessary to the passage of any other resolution, ordinance, or other official action of the city council. The Mayor may vote on any question. The councilmen may elect from their number, pro tempore, who shall have the same authority in all matters as is given to the Mayor, whenever the Mayor for any reason cannot Act or will not Act, or declines to do so. Mayor and councilmen. Qualifications. Section 2. By amending Section 6 of said Act by striking the word one in the 3rd line of said Section and substituting the word two therefor, so that said Section as amended shall read as follows: Sec. 6 amended.

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Section 6. The Mayor and such Councilmen of said City shall be elected on the first Saturday in January of each year for the term of two years, and until their successors are elected and qualified. The present officers of the town of Summerville shall serve as officers of the City of Summerville till the next election. If an election is not held at the prescribed time, a special election may be called by the city council, or according to the provisions of Section 692 of the Code of Georgia, Volume 1. Vacancies existing in the City Council may be filled at any time by a special election to be called for that purpose by a majority of the remaining members of the City Council, which election ten days' public notice shall be given. In case there is only one candidate for Mayor and for each Councilmanship, the election may be held for all at one place, which place shall be the county court house, and all electors of said City may cast their votes for all such candidates. In case there are more than one candidate for mayor, all the electors of said City may vote for one of such candidates. In case there are more than one candidate in any ward for councilman for such ward, it shall be the duty of the City Council to cause an election to be held in such place as they may designate and in such manner as to allow the electors of the various wards to vote only for candidates for such ward. Where any question shall be submitted to the electors of said town, one election shall be held, the same to be at the County Court House. Election, when. Term. Incumbents Vacancies. Election, number of. Held where. Section 3. That Section 6 be further amended by adding a new sub-section to be known as 6 (a) and to read as follows: Sec. 6 further amended. It is the intent of this Act not to extend the present term of office of the present Mayor and present members of Council, but this two year term of office shall apply on and after the election held in January, 1942. Intent.

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Section 4. That Section 15 of said Act be amended by striking said Section and substituting in lieu thereof a new Section 15 to read as follows: Sec. 15 amended. The Police Court of the City of Summerville shall be held at the place and at the time designated by the Mayor and Council and under such regulations as the Mayor and Council may adopt. The officers presiding in said Police Court shall have authority to punish persons convicted therein of violating the ordinances of said City by a fine not exceeding one hundred dollars ($100.00) or by imprisonment in jail or hard labor upon the public works of said city for a term not to exceed ninety days, either or both, all to be determined by the presiding officer. It shall be within the discretion of the presiding officer to determine whether the sentence shall be served in a jail to be designated by said officer or whether the same is to be served at hard labor upon the public works of the city. Contempt in said Court may be punished in like manner. The City Council may suppress cruelty to animals, gaming, the running of blind tigers, loud and disorderly houses, public indecency, loudness, obscurity, profanity and all like things, not withstanding the Acts may also be involved in State offences. Police court. Section 5. To provide for a new Section to be known as Section 29, the same to read as follows: Sec. 29 added. No locomotive engine shall blow a steam whistle within the City Limits, and that the speed of such trains shall not be in excess of fifteen miles per hour except at Railroad Crossings where the speed shall not be in excess of six miles per hour. A violation of Section 29 shall constitute a misdemeanor and that the offender upon conviction shall be fined or imprisoned as set forth in Section 15 of this Act. Railroads regulated. Misdemeanor. Section 6. To provide that all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Repealing clause. Approved March 27, 1941.

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SWAINSBORO MAYOR'S ELECTION AND TERMS. No. 374. An Act Providing for a two years term for Mayor of the City of Swainsboro, 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 election for Mayor for the City of Swainsboro shall be held every two years, on the Third Monday in December, the next election to be held on the Third Monday in December, 1941, at which time said Mayor shall be elected for a term of two years, and that in each election thereafter said Mayor shall be elected for a term of two years. Election, when held. Terms. Section 2. Be it further enacted that all laws and parts of laws, in conflict with this Act be, and the same are hereby repealed. Repealing clause. Approved March 27, 1941. TEMPLE CHARTER AMENDMENTS. No. 179. An Act To amend the Act approved November 23rd, 1901, creating and adopting a new charter for the Town of Temple; to provide the qualifications of the Mayor and Councilmen and to fix their salaries and to fix the salary of the Clerk and for other purposes. Section 1. Be it further enacted by the General Assembly and it is hereby enacted by the authority of the same, that the Section 3 of the Act approved November 23, 1901 be and the same is hereby amended by adding at the end of said Section the following. That no person who is a member of the School Board of said Town of Temple, or any

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local School District embracing the Town of Temple shall be qualified to be elected and serve as Mayor or Councilman of said Town of Temple while a member of said School Board so that said Section when amended will read as follows Act of 1901 amended. Section 2. Be it further enacted, That on the first Wednesday in December, 1901 and annually thereafter on the same day, an election shall be held between the hours of 8 o'clock a. m. and 3 o'clock p. m. in said town, for Mayor and five Councilmen, who shall hold their offices for a term of one year, and until their successors are elected and qualified. The term of all officers elected first shall commence on the first Tuesday in February, 1902, and end on the first Monday in January, 1903. The terms of all officers thereafter shall commence first Monday in January and continue one year. Election, when and where held. Term. That no person who is a member of the School Board of said Town of Temple, or any local School District embracing the Town of Temple shall be qualified to be elected and serve as Mayor or Councilman of said Town of Temple, while a member of said School Board. Members of school board cannot serve as Mayor. Section 3. Be it further enacted by the General Assembly and it is hereby enacted by the authority of the same that Section 32 of said Act be amended by striking the figures 50 in line 8 of said Section and inserting in lieu thereof the figures 75. Sec. 32 amended. Section 4. Be it further enacted by the General Assembly and it is hereby enacted by the authority of the same that Section 37 of said Act be amended by striking the figures 50 in line 3 of said Section and inserting in lieu thereof the figures 75 and by striking the figures 12 in line 5 of said Section and inserting in lieu thereof the figures 25. Sec. 37 amended.

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Section 5. Be it further enacted that all laws or parts of law in conflict with this Act be, and the same are hereby repealed. Repealing clause. Approved March 12, 1941. TENNILLE BOARD OF WATER COMMISSIONERS ABOLISHED. No. 71. An Act To abolish the Board of Water Commissioners of the City of Tennille, Georgia, created and established by an Act approved July 27, 1929 (Ga. Laws 1929, pages 1360 to 1365); to vest all of the powers, duties and functions heretofore imposed on and vested in said Board in the mayor and council of the City of Tennille; to provide for the transfer of all monies, funds, records, books, documents, vouchers, and papers in the possession of said Board to the mayor and council of the City of Tennille; to provide an effective date for this Act; 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: Section 1. That the Board of Water Commissioners of the City of Tennille, Georgia, created and established by the Act approved July 27, 1929 (Ga. Laws 1929, pages 1360 to 1365), is hereby abolished and all of the powers, duties and functions heretofore imposed on or vested in said Board of Water Commissioners of the City of Tennille, Georgia, are hereby transferred to and vested in the mayor and council of the City of Tennille, Georgia. Board of water commissioners abolished. Duties transferred to Mayor and council. Section 2. On the first day of the month following the approval of this Act, all monies, funds, records, books, documents, vouchers and papers in the possession of said Board

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of Water Commissioners of the City of Tennille, Georgia, shall be delivered to the mayor and council of the City of Tennille, Georgia. Transfer of records. Section 3. This Act shall become effective on the 1st day of the month following its approval. Effective when. Section 4. All laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed. Repealing clause. Approved February 24, 1941. TOCCOA WATER LINES EXTENDED. No. 151. An Act To amend an Act approved December 20, 1897 incorporating the City of Toccoa, and all Acts amendatory thereto; and conferring upon the City of Toccoa the right, power and authority to distribute or sell and furnish surplus water to customers located without the corporate limits of the City of Toccoa; 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: Section 1. The City of Toccoa shall have the right, power and authority to sell, furnish and distribute surplus water, at its corporate limits, to customers, persons, firms or corporations, located or residing without the corporate limits of the City of Toccoa who may, at their own expense, lay water lines to connect with the water mains of the City of Toccoa within the corporate limits. All connections to said water mains shall be made under the supervision of the proper authorities of the City of Toccoa and the City of Toccoa shall have the right and authority to make such

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rules and regulations governing such sales and the construction of water lines and making connections with its water mains as may, in the discretion of the City Commission, be proper in each and every case. Water, sales beyond corporate limits. Section 2. Surplus Water shall be defined as water not needed for use in serving, within the corporate limits, customers of the water works system of the City of Toccoa. Surplus water defined. Section 3. The power granted by this Act shall not authorize the City of Toccoa to lay or construct water mains and water lines without the corporate limits of the City of Toccoa and nothing contained in this Act shall have the effect of changing the present rights of the City of Toccoa as to its water system or the distribution of water to persons, firms, or corporations, located within or residing within the corporate limits of the City of Toccoa. Power, limitation on. Section 4. The City of Toccoa shall have the right, power and authority to exercise police power over the entire water system and shall have the right and authority to make rules and regulations governing the connection with any water main within or without the corporate limits of the City of Toccoa and shall have the right and authority to require all users of water who connect with water mains within and without the City of Toccoa to install proper meters and make connections, at their own expense, in accordance with the rules and regulations provided therefor and shall further have the right and authority to refuse to sell or furnish water to any person, firm or corporation within or without the corporate limits of the City of Toccoa who fails or refuses to comply with such rules and regulations. Police power, exercise of. Section 5. Be it further enacted by the authority aforesaid, that if any portion of this Act shall be held invalid, the whole of this Act shall not thereby become void, but only so much of the same as may be declared void. Constitutionality.

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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. Repealing clause. Approved March 10, 1941. VAN WERT TAXES. No. 339. An Act To amend an Act of February 17, 1876, to amend an Act entitled An Act to incorporate the town of Van Wert, in the County of Polk, and for other purposes therein mentioned. Section 1. The General Assembly of the State of Georgia do enact, That the first section of said amendment of February 17, 1876 to said act be so amended in the fifth and sixth lines of said amendment to read provided said tax shall not exceed ten mills on the assessed value of the property in said town, instead of, provided said tax shall not exceed fifty per cent on the State tax. Act of 1876 amended. Section 2. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1941. VILLA RICA CITY CHARTER. No. 233. An Act to amend the charter of Villa Rica, in the Counties of Carroll and Douglas, and for other purposes; an Act to amend an Act approved August 19, 1912, and Acts amendatory thereof; to provide for a new charter under the corporate name of City of Villa Rica; to provide that all valid contracts heretofore entered into by the

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Town of Villa Rica, or the City of Villa Rica, or by its authorized officials shall be good and valid for or against the City of Villa Rica; to provide that all by-laws and ordinances heretofore passed, not in conflict with this charter, shall be binding and enforceable; to define and extend its corporate limits; to provide for a government for the city, and to confer certain rights, powers and privileges on same; to continue and confirm certain powers heretofore granted to said corporation; to provide for water works and sewerage systems, streets and public improvements, electric lights or gas plants; to authorize the City of Villa Rica to issue Street Improvement Bonds or other evidence of debt for public purposes; to provide for taxation and the granting of license to all kinds of business, trades, callings, or professions; to fix fire limits; and to provide for other matters of municipal regulations, concern and welfare, 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, the inhabitants of the territory now embraced in the corporate limits of the town of Villa Rica, and the territory embraced in the proposed limits of the City of Villa Rica, in the Counties of Carroll and Douglas, and State of Georgia, be and they are hereby incorporated under the name and style of the City of Villa Rica, and by that name shall have perpetual succession, and is hereby invested with all rights, powers and privileges incident to municipal corporation in this State; and all rights, powers, titles, property, easements and hereditaments, within or without its corporate limits, now belonging to the town of Villa Rica shall be, and are, hereby vested in the City of Villa Rica, as created and reincorporated by this Act; the said City of Villa Rica as incorporated in this Act may in its corporate name sue and be sued, contract and be contracted with,

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plead and be impleaded, have and use a common seal; make and enact, through its Mayor and Council all such ordinances, by-laws, rules, regulations and restrictions for the transaction of its business and peace, good order, health, welfare and proper government of said city, as to said Mayor and Council seem best and consistent with the Constitution and laws of the State of Georgia and of the United States. Said City of Villa Rica shall have the right and power to purchase, hold, rent, lease, exchange, enjoy, possess and retain in perpetuity or for any term of years, any property, estate, or estates, real or personal, lands, tenements and hereditaments of whatsoever kind within or without the limits of said city for corporate purposes. Said City of Villa Rica as incorporated by this Act shall succeed to all the rights or and is hereby expressly made responsible, as a body corporate, for all the legal debts, liabilities and undertakings of the town of Villa Rica, its Mayor and Council, as a body corporate, as heretofore and in previous Acts or Court orders incorporated. City of Villa Rica incorporated. Section 2. Corporate Limits. Be it further enacted, That the corporate limits of the City of Villa Rica shall extend three-fourths of one mile in every direction from the Southern Railroad depot, which is now located in the center of the town of Villa Rica, and on the west side of said city, the corporate limits shall extend to and around the cemetery, so as to include the cemetery within the corporate limits of said City of Villa Rica; The said city shall be and the same is hereby divided into four wards, namely, 1st, 2nd, 3rd, and 4th wards as follows, to-wit: Corporate limits. The first ward shall embrace all the territory and part of said city south of the right of way of the Southern Railway and east of Cemetery Street. The second ward shall embrace all that territory and part of said city bounded as follows: On the north, right

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of way of Southern Railway to Jones Street, thence north along Jones Street to city limits; on the east by Cemetery Street. The third ward shall embrace all that territory and part of the city north of right of way of Southern Railway and Jones Street and west of B alley running between the property known as the W. B. Candler home place and the W. Z. Howell home place, running east from Temple Street through Alley B, C and Creek Street to Villa Rica Street, thence north to city limits. The fourth ward shall embrace all that territory and part of said city north of right of way of Southern Railway and east of alley B running between the property known as the W. B. Candler home place and the W. Z. Howell home place, running east from Temple Street through Alley B, C and Creek St. to Villa Rica Street, thence north to city limits. Section 3. Be it further enacted by the authority aforesaid, that the present Mayor and Councilmen, to-wit: Frank S. Pope, Mayor; B. P. Neal, councilman from ward one, and W. C. Knight, Councilman from ward two, having been duly elected and their terms expiring on the first Tuesday in February, 1942; W. L. Talley, from ward three, W. S. Gilland, from ward four, and H. G. Roberts, councilman from the City at large, having been elected and now serving their terms of office, which expire on the first Tuesday in February 1943, that the above named members of the Mayor and Council are hereby named as Mayor and Council of the City of Villa Rica, for their respective terms for which they were elected, to-wit: The first Tuesday in February, 1942 and the first Tuesday in February, 1943. Mayor and council. There shall be held on the first Thursday in January, 1942, and election for the Mayor and two councilmen, whose terms expire First Tuesday in February, 1942, and

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on the first Thursday in January, 1943, there shall be held an election for three councilmen, one from ward three, one from ward four, and one from the City at large, and thereafter annually elections shall be held in the City of Villa Rica, for the election of Mayor and five Councilmen of said City, under the rules and regulations hereinafter named. Election. At the next general election to be held on the First Thursday in January, 1942, the Mayor and two councilmen, one for ward one and one from ward two, shall be elected for a term of two years, and all subsequent terms of the Mayor and the said councilmen from said two wards shall be for a term of two years, and until the successor for each has qualified. That on the first Thursday in January, 1943, councilmen from the third ward and the fourth ward and from the City at Large of the City of Villa Rica shall be elected, for a term of two years, and all subsequent elections shall be held at the expiration of said two years, of each councilman so elected on the first Thursday in January in each year thereafter. The councilman elected from the City at Large shall be the councilman receiving the highest number of votes for councilman at Large, and his term shall be for two years, and elected at the general election held under these regulations. Terms. There shall be elected at said election, one councilman from each ward of said city, who must reside in the ward he represents. The councilmen elected from ward one and ward two shall be elected for a term to expire on the first Tuesday in February, 1944. The councilmen elected for wards three and four shall be elected for a term to expire on the first Tuesday in February, 1945, and all subsequent terms councilmen both from the city at large and from each and from each ward of said city shall be elected for a term of two years, and until their successors are qualified. Councilmen must reside in ward from which elected. The successors of the above officials shall be elected by

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ballot by all the voters of said city, irrespective of the fact that the councilman from each ward shall reside in and be eligible for election only from the ward in which he resides, but all elections shall be by ballot and on one general ticket. The present Mayor and Council now serving as Mayor and Council of the City of Villa Rica, shall continue in their respective offices until the expiration of the term of office, for which each was duly elected. Present Mayor and council to continue. The organization of the Mayor and Council of the City of Villa Rica shall be held on the first Tuesday in February, after their election at 7 P. M. by taking and subscribing to the oath of office herein set out, and immediately enter upon the duties of their said office. The mayor and councilmen elected for the city of Villa Rica at all subsequent elections shall meet on the first Tuesday in February next after their election, with the hold over councilmen, at the city hall or other usual place of holding council meetings in said city, and there shall severally take before some officer authorized by law to administer oaths, the following oath of office, to-wit: `I do solemnly swear that I will well and truly demean myself as mayor or councilman as the case may be, of the city of Villa Rica for the ensuing term, and that I will faithfully enforce the charter and ordinances of said city to the best of my ability, without fear or favor, and in all my actions as mayor, (or councilman), act as I believe for the best interests of said city, so help me God.' Oath. Should the Mayor or any councilman be absent from said meeting, he or they may take oath of office as soon thereafter as possible. The mayor and council shall provide by regular ordinances for regular meetings, not less than one month, and may hold such special or call meetings as the business of the city may require, to be convened as provided for by ordinance.

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In the event the office or mayor, or any one or more of the councilmen shall become vacant by death, resignation, removal from the city or other causes, the mayor and council, or in case the mayor's office is vacant, the council, shall order an election for the purpose of filling said vacancy or vacancies, by giving notice such as may be provided by ordinance or by publication in the newspaper published in said city; or if none such, then in the newspaper in said county of Carroll carrying the sheriff's advertisements, and such election to be held, returns made and results declared in the manner as in the regular election for mayor or councilman as hereinafter prescribed. Provided, that in case such vacancy or vacancies occur within sixty days preceding the regular election in said city, then and in that event the said vacancy or vacancies may be filled by the mayor and councilmen, or by the mayor pro tem., in case of vacancy in the mayor's office. Persons so elected as councilmen or mayor pro tem., as the case may be, shall be duly empowered and qualified to fill such vacancies until the regular election. Should the mayor or any member of the council fail or refuse to perform the duties of his office for a period of two consecutive months, the office may be, in the discretion of the council or the mayor and remaining members of the council, declared by resolution vacant, and the vacancy may be filled as before provided. Vacancies. Section 4. That the first regular meeting of the mayor and council, of the City of Villa Rica, under this charter, shall be held immediately upon its passage and adoption, and after each annual election on the first Tuesday in February annually thereafter, for the purpose of reorganization, the council shall elect one of their number, mayor pro tem., for a term of one year, who shall in the absence or disqualification of the mayor or during vacancy in said office,

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perform and discharge all of the duties and exercise all of the authority of the office of mayor upon taking the usual oath. Meetings. The mayor and council shall also, at said meeting, elect a treasurer for said city; a clerk; and a marshal; who shall be chief of police; and as many policemen as in their judgment shall be necessary; a city attorney, if they deem one needed; a superintendent of water works; and other employees of said department whenever water works are established; and such other city officers as the mayor and council shall deem necessary in the government of said city, to be fixed by ordinance. And one person may fill any of the subordinate offices herein mentioned in the discretion of the Mayor and Council, or by ordinance of Mayor and Council designating said person as such officer. Treasurer. Section 5. Be it further enacted, that each candidate for Mayor for said city shall pay entrance fee of $5.00 upon his announcement as candidate for said office. Each councilman candidate shall pay entrance fee of $1.00 upon his announcement as candidate for office. Entrance fee. Be it further enacted that all candidates for all offices shall make their announcements five or more days prior to the election. Section 6. That prior to any election held in and for said city there shall be a registration of such persons as are qualified to vote in county and state elections, but who are not already registered to vote in city elections. The registration shall commence sixty days before the day of the election and shall continue up to ten days prior to the election. Persons now qualified and registered to vote in city elections and persons who shall hereafter become so qualified, may vote in any city election without again registering for such particular election. Registration.

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Section 7. Municipal Elections. 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 Villa Rica, shall be managed by three freeholders, who shall be citizens of said city and freeholders therein, each of said managers before entering upon his duties shall take and subscribe before some Justice of the Peace, or other officer qualified to administer oaths, or before each other, 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. Said managers shall keep or cause to be kept two lists of voters at said elections and two tally sheets. All elections shall be held at the city court house in said city, and the voting shall be by ballot. The polls shall be opened at 8 O'clock, A. M. and close at 3 O'clock P. M. Persons receiving the highest number of votes for the respective offices shall be elected. The managers and clerks for all elections 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 pay of managers and clerks. Municipal elections. Section 8. Be it further enacted, That the said managers shall certify two lists of voters and two tally sheets, and shall place one list of voters and one tally sheet in the ballot box, with the ballots cast in said election and seal the same under their signatures and shall forthwith deliver the same to the city marshal of said city of Villa Rica. The other list of voters and tally sheet shall be placed in a package and sealed and delivered forthwith to the treasurer of said City of Villa Rica. If an election in said city as contested, notice of said contest must be filed in writing with the Ordinary of Carroll County, plainly setting forth the grounds

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of contest or illegality, within three days after said election and upon payment of ten dollars as a guarantee of cost, to said Ordinary, in advance by the contestant or contestants, the Ordinary shall within two days after contest is filed make a copy of same and cause the same to be served by the Sheriff, or his Deputy, on the contestee if the contest is for an office; and if the result of an election in which any question has been submitted is contested, then said Ordinary shall cause notice and copy of contest to be served on the Mayor, and published one time in any paper published in said city or if none such newspaper, then in the newspaper in said county carrying the Sheriff's advertisements; said Ordinary shall fix the time of hearing said contest, which shall not be later than ten days after service has been perfected, of which time both parties shall have five days written notice. The contestants shall pay the Sheriff or his Deputy, in advance, two dollars for service, and notice of the contest, and the contest shall be held at the court house in said county. The Ordinary is authorized, empowered, and directed to hear and determine any contest and the losing party shall pay all costs, for which the Ordinary shall issue the usual execution, when necessary. Election managers. Election contests. Section 9. Qualification of Municipal Voters. Be it further enacted, That all persons qualified to vote in this State for members of the Legislature and who shall have paid all taxes 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 or ordinances of said city, shall be qualified to vote at any election held under the provisions of this charter. Qualifications of voters. Section 10. Registration of Voters. Be it further enacted, That it shall be the duty of the clerk of said city to provide for the registration of such persons as are qualified to vote in the elections to be held in said city, and the books kept

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for that purpose shall be opened at least sixty days before the election and closed ten days prior to the election, when said books shall be fairly and absolutely closed. It shall be the duty of the clerk, upon application in persons, and not in proxy, of any citizen who is qualified to vote for members of the General Assembly, who has paid all taxes of every character legally imposed and demanded by the authority of said city and who upon the day of election, if then a resident, will then have resided in said city for ninety days prior thereto, to allow such persons to register his name and color, recording on said book besides the applicant's name, his age, occupation or business and the street on which he resides. Said clerk shall not knowingly permit any one to register who is not lawfully entitled to do so, and shall in every case before registering the applicant, administer to him the following oath: You do solemnly swear that you are a citizen of the United States and of the State of Georgia; that you have resided in said State for twelve months, in this county for six months and in Villa Rica for three months next preceding this registration, or that by date of next city election, if then a resident, you will have done so, and that it is your intention to remain a resident until the said day of election; that you are twenty-one years of age or will be so prior to said day of election; that you have paid all the taxes due the city of Villa Rica and all taxes required by the laws of this State, except taxes for this year, so help you God. It shall be the duty of the clerk of said city to prepare a list of the names of voters registered, after it has been purged by the Mayor and Council, in alphabetical order and furnish the managers of the election with a complete list of the registered voters, under his official signature and seal of office, at or before the polls are opened. The managers shall keep said list before them during the election and shall not permit anyone to vote in said election whose name does not appear thereon, and when said election is over, it shall be the duty of said managers to

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return said list to the clerk, to be by him safely kept and preserved. The registration for white and colored voters shall be made out separately. For any intermediate or special election in said city for any purpose, the clerk shall open the registration book at least thirty days before the date fixed for said election and shall close the same ten days before the day of election, and prepare and furnish the registration lists as herein provided. Notice of the opening of the registration book for all elections shall be given in such manner as the Mayor and Council shall prescribe, at least twenty days before the closing thereof, should the name of any person qualified to vote in any election, and who registered therefor with the clerk in due time and form, be accidentally omitted from the registration lists furnished the managers of said election, the clerk of said city may certify under his official signature and seal to such accidental omission to place his name on the lists, and that he is and was duly and legally registered in due time and form before the registration books were closed and thereupon and filing said certificate, with the managers, such person shall be allowed to vote. Any person voting in any election held in said city, who is not qualified to vote therein under the provisions of this Act, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as prescribed by the laws of this State for illegal voting. After said registration books are closed and prior to the day of any election for which said registration is had, the Mayor and Council shall examine, revise and purge said list as made up and returned to it by the clerk, of all illegally registered voters or persons disqualified from voting for any lawful reason; provided that before removing any name therefrom, written notice shall be served on the person or persons deemed disqualified at least five days before final action thereon by the Mayor and Council, that such person may show cause, if any, why such action should not be taken. Registration of voters. Oath. Registered voters. Special election. Notice of opening of registration book. Unqualified voters guilty of misdemeanor.

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Section 11. Qualification of Mayor and Councilmen. Be it further enacted, That no person shall be eligible for office of Mayor or Councilman of said city unless he shall have resided in said city not less than one year immediately preceding his election, and shall be a qualified voter in municipal elections for officers of said city, and who has not been convicted and sentenced for any violation of the criminal laws of Georgia, involving moral turpitude, and who is entitled to register under the registration laws of said city. Qualifications of mayor and council. Section 12. Municipal Officers, Their Salaries and Duties. Be it further enacted, That at the first regular meeting of the Mayor and Council, which shall be held on the first Tuesday in February, and annually thereafter for the purpose of reorganization the Council shall elect one of their number Mayor pro tempore for a term of one year, who shall, in the absence or disqualification of the Mayor or during a vacancy in said office, perform and discharge all the duties, and exercise all of the authority of the office of Mayor upon taking the usual oath. The Mayor and Council shall also, at said meeting, elect a treasurer for said city, and a marshal, who shall be chief of police, and as many policemen as in their judgment shall be necessary, a city attorney, if they deem one needed, a superintendent of water works, and other employees of said department whenever water works are established, and such other city officers as the Mayor and Council shall deem necessary in the government of said city, to be fixed by ordinance. Each of said officers shall take such oaths of office, give such bonds and perform such duties as shall be fixed by ordinance; provided, that all official bonds shall be payable to the City of Villa Rica. Said Mayor and Council shall have authority in their discretion to suspend and remove such officers from office or impose fines on said officers; provided, that before the removal or fine, said officer shall be entitled to a hearing before the Mayor and Council, on the charges preferred,

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under such rules as the Mayor and Council may fix. It shall be the duty of the Mayor and Council prior to their election to fix salaries, fees or compensation of all the officers, agents, or employees of said city, which when once fixed, shall not be changed during the term of office of said officer, agent or employee. All of said officers, agents and employees shall be elected or appointed for terms of one year, and until their successors are elected, appointed and qualified. The salary of the Mayor shall be fixed by ordinance at the last meeting of the Mayor and Council to be held in 1942, under this new charter annually thereafter, which said salary shall not be changed during the term for which a Mayor is elected. Provided, salaries of present Mayor and Council are to remain as now fixed until expiration of present term. Municipal officers. City treasurer. Salaries. Terms. Section 13. Be it further enacted, That the Mayor or the Mayor pro tem. and three Councilmen shall constitute a quorum for the transaction of business and a majority of the votes cast shall determine questions before them; provided, that the Mayor or the Mayor pro tem., or if he be presiding in the absence of the Mayor shall vote only in case of a tie vote; and, provided, further, that all votes making appropritaions or authorizing the expenditures of city funds, or fixing the salaries of officers, agents, or employees shall be by the yeas and nays, duly recorded on the minutes; and, provided, further, that on any question, any councilman may demand the aye and nay vote, and on such demand the vote shall be so taken and recorded on the minutes. The Mayor or Mayor pro tem., when performing the duties of Mayor, shall have veto power, and may veto any resolution or ordinances passed by the Council, in which event the same shall not become a law or have the effect of a law, unless subsequently and at the next regular meeting thereafter it shall be passed over his veto by a two-thirds vote of the entire Council duly recorded on the minutes; but

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unless he shall file in writing with the clerk of said city, his veto of any measure passed by the Council, with his reason for withholding his assent within three days after its passage, the same shall become a law just as if signed and approved by said Mayor, but he may approve the same in writing and the measure shall go into effect immediately. Quorum. Veto power. Section 14. Duties of the Mayor. Be it further enacted, That the Mayor of said city shall be the chief executive officer of the City of Villa Rica. He shall see that all laws, ordinances, resolution, and rules of said city are faithfully and impartially executed and enforced and that all of the officers, employees and agents of said city faithfully and impartially discharge the duties required of them. He shall have the general supervision and jurisdiction of the affairs of said city, and shall preside at all meetings of the Council. He shall have the power to convene the Council in extra session whenever, in his judgment, it becomes necessary, and shall do so whenever requested by two councilmen in writing. He shall be ex-officio a member of all boards authorized by law in said city now in existence or hereafter created. Duties of Mayor. Section 15. Duties of Marshal and Police. Be it further enacted, That it shall be lawful for the marshal, or any police officer of said city to arrest without warrant any person or persons within the corporate limits of said city, who, at the time of said arrest, or before that time, has or have been guilty of violating any ordinance of said city, or who he has reasonable belief on reliable information has or have been guilty, and to hold such person so arrested until a speedy hearing of the matter before a proper officer can be had, and to this end said arresting officers are authorized to imprison and confine any person arrested by them in the city prison, or in the jail of either Carroll or Douglas Counties, for a reasonable length of time. The marshal and police officers of said city are authorized to the same extent

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as Sheriffs of this State to execute warrants placed in their hands charging any person with violating the criminal laws of this State. The marshal and police officers of said city are also authorized to arrest anywhere within this state any person charged with violating any ordinance of said city; provided, when the arrest is not made within twenty-four hours after the offense is committed, said marshal and police officers are not authorized to arrest the offender outside the corporate limits of said city, except in obedience to written warrant signed by the Mayor, or Mayor pro tem. The said marshal or any police officer may take bonds for the appearance of any person arrested by them for violation of city ordinances before the Police Court for trial, and all such bonds may be forfeited as hereafter provided for forfeitures or appearance bounds by the Mayor or Mayor pro tem. The Mayor and Council of said city shall have power and authority to authorize and empower the marshal or any police officer of said city to summons any or all bystanders to aid in the arrest of any person or persons violating any ordinance of said city, or any criminal law of this State, and to provide punishment for any person or persons failing or refusing to obey such summons, and perform any other such duties as may be required by the Mayor and Council. Duties of marshal and police. Section 16. Official Fees. Be it further enacted, That the Mayor and Council shall have power and authority to establish and prescribe by ordinance a fee and costs bill for the officers of said city, which fees and costs, when collected, shall be paid into the city treasury, and accurate accounts kept thereof. All compensation of any paid officer or official of said city shall be, by salaries fixed by ordinance, and regularly drawn from the treasury by the customary warrants, and no officer of said city shall receive or be entitled to receive any other compensation than so fixed, nor any part of the fees or costs as above provided. Fees.

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Section 17. Mayor's Court. Be it further enacted, That the Mayor, or in his absence or disqualification, the Mayor pro tem., or in case of the absence of disqualification of both the Mayor and Mayor pro tem., any Councilman of said city may hold and preside over a Court in said city of Villa Rica, to be the Police or Mayor's Court, for the trial of all offenders against the laws and ordinances of said city as often as necessary. Said Court shall have the authority and power to preserve order, compel the attendance of witnesses, compel the production of books and papers to be used as evidence, and punish for contempt. Said Court shall have full authority and power to punish after conviction, all violations of the charter of any ordinance of said city by fine, not to exceed one hundred dollars, by imprisonment in the city prison, or in the county jails of either Carroll or Douglas Counties (having previously arranged such with the county authorities), not to exceed fifty days and to work on the streets of said city in the city chaingang or on such other public works as the Mayor, Mayor pro tem. or presiding Councilman may direct, not to exceed sixty days; and any one or more of these punishments may be inflicted by the Mayor, Mayor pro tem., or presiding Councilman, in his discretion, and the fine imposed may be collected by execution. The Mayor, or Mayor pro tem., or presiding Councilman shall have the power in said Mayor's or Police Court of the offense charged against the prisoner be beyond his jurisdiction, to examine into the facts of the case; or if, on the trial of any offender before said Court, it develops from the evidence that he or she is probably guilty of a violation of any criminal law of this State, to commit the offender or offenders to jail or bail them, if the offense is bailable, by the Justice of the Peace to appear before the next Superior or City Court having jurisdiction of said offense. Mayor's court. Section 18. Be it further enacted, that the Mayor,

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Mayor pro tem., or the presiding Councilman, when any person or persons are arraigned before the Mayor's Court for a violation of any of the city ordinances, rules, or regulations, may for sufficient cause shown by either side continue the hearing to such time as the case may be adjourned to and the accused may be required to give bond and security for his or her appearance at the appointed time for trial, or may be imprisoned to await trial. If such bond be given and the accused fails to appear at the time fixed for trial, the bond may be forfeited by the Mayor, Mayor pro tem., or presiding Councilman, and an execution thereon after serving the defendant, if any to be found, and his security, with a rule nisi, at least five days before the hearing of said rule nisi, requiring of them to show cause why said bond should not be forfeited. Continuance and bond. Section 19. Chaingang. Be it further enacted, That the Mayor and Council of said City of Villa Rica shall have power and authority to organize one or more chain or work gangs, and to confine persons therein who have been sentenced by the Mayor's Court to work on the streets or public works of said City, and shall have power to make such rules and regulations as may be necessary and suitable for the care, safekeeping and control of such gangs, and enforce same through its proper officers. Chaingang. Section 20. Tax Assessors. Be it further enacted, That the Mayor and Council shall at their first regular meeting in February, annually elect a board of tax assessors for said city, to be composed of three citizens, qualified voters, and property owners in fee simple title of the fair market value of not less than $1,000.00, and free holders in said City, whose duty it shall be annually to assess the true cash market value of all real estate situated in said city, subject to taxation, and to make returns of the same to clerk of Council at such time as may be fixed by ordinance by the Mayor and Council. At the first election under the provisions of

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this charter one of said assessors shall be elected for one year, one for two years and one for three years, and as these terms expire, their successors shall be elected for terms of three years. Vacancies in said board shall be filled by the Mayor and Council, as they occur. Each member of said board shall receive such compensation as may be fixed by the Mayor and Council, and to be paid as ordered by the Mayor and Council, after the work of assessment for each year has been completed. Each assessor before entering upon his duties, shall take and subscribe the following oath: I do solemnly swear that I will faithfully and impartially, without fear or favor, discharge the duties of tax assessor of the City of Villa Rica, and assess all property in said City, subject to taxation, at its true cash market valuation, to the best of my skill and knowledge. So help me God. Provided, that the assessors now serving are hereby continued in office until an election is held, or otherwise appointed by the Mayor and Council. Tax assessors. Section 21. Be it further enacted, That persons making their tax returns shall not be required to return the value of their real estate, but shall return a correct and full description of the same, which description shall be filed by the Clerk of Council, with said board of assessors. It shall be the duty of said assessors to carefully examine the returns of all personal property located in or owned by persons residing in said city, and in case of failure to make true returns thereof at cash market valuation, to assess the true cash market value thereof; and should any person fail, refuse or neglect to return his or her personal property or any portion thereof, subject to taxation in said city, said board shall assess the same and make returns thereof as required. When the said tax assessors make their assessments upon all property as herein provided, the Clerk of the City of Villa Rica shall give written notice by publication in a newspaper having general circulation in the City

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of Villa Rica, that the assessments have been made. Any person dissatisfied with the assessment of any property under the provisions of this Act shall have the right to appeal the same to three disinterested free holders, citizens of the City of Villa Rica, the dissatisfied person to select one, the clerk of Council one, and the two select the third; provided, said appeal be filed within thirty days after the return of said assessment and notice here required to be given, and if they disagree, a majority of whom shall fix the assessment and the same shall be final. Tax returns. Section 22. Be it further enacted, That all taxes due the City of Villa Rica, shall become due and payable on the 20th day of December of each year thereof. Failure of any tax payer to pay all taxes due by that date, the same shall thereafter bear interest from December 20th of each year at the rate of 7% per annum, until fully paid; if not so paid, the Clerk of the Mayor and Council of the City of Villa Rica shall issue execution against the respective taxpayer for the amount of his taxes, including all costs, and the fi. fa. shall be entered upon an execution docket to be kept by the Clerk of the City of Villa Rica, for that purpose, listed alphabetically against each property owner. Said execution docket shall be open for public inspection during usual office hours, and if required by Mayor and Council, the Clerk shall place the same upon the General Execution Docket of the County. The cost of issuing an execution shall be $1.00 for the Clerk, and fifty cents for the baliff, and the usual legal commission on any sale of any property, as now allowed by the Sheriff's sales of the State of Georgia. The Mayor and Council, in their discretion, may provide for the payment of taxes in installments; provided that all tax shall become due and payable on the 20th day of December, of each year. Past due taxes. Section 23. Taxes. Be it further enacted, That for the purpose of raising revenues for the support and maintenance

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of the City of Villa Rica, the Mayor and Council of said city shall have full power and authority to assess, levy and collect an ad valorem tax on all real and personal property, including money, notes, bonds, and other evidences of debt, money used in banking and every other species of property in said city or owned and held therein subject to taxation: said tax not to exceed one dollar and twenty five cents on the one hundred dollars exclusive of the taxes required and sufficient to pay the annual interest on the bonded indebtedness of said city, and to provide a sinking fund for the purpose of paying the principal of said bonded indebtedness as required by law. The ad valorem tax above authorized for general purposes, and the bonded interest and sinking fund tax shall be levied under separate ordinances, each specifying the purpose for which levied, and all proceedings for collecting said taxes, shall show the amount due on each of said tax levies. The said Mayor and Council shall have power and authority to provide by ordinance for the returns and assessments of all taxable property in said city and to provide for neglect or refusal to comply with same, as elsewhere provided in this Act. Taxes. Section 24. Licenses and Occupation Taxes. Be it further enacted, That the Mayor and Council shall have full power and authority to require any and every person, firm, company or corporation, whether resident or non-resident of said city, who may engage in, prosecute or carry on any trade, business, calling, vocation or profession within the corporate limits of said city, by themselves or by their agents, to register their names, business, calling, vocation or professions annually, and to require said persons, firm, company or corporation to pay for said registration and for a license to prosecute, carry on or engage in such business, calling or profession, such amount as the Mayor and Council shall prescribe by ordinance for any one calling; provided, that there shall be a separate license for each business, calling or vocation, and no person securing a license

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for any particular business, calling or vocation shall be allowed to carry on any other business, calling or license thereunder, or at any other place of business, than at the place for which granted. The Mayor and Council may provide by ordinance for the punishment of all persons, firms, companies, or corporations required by ordinance to register and secure and pay for said licenses, who fail to register, take out and pay for the license or who engage in or attempt to engage in, such business, profession or occupation before compliance with the provisions of such ordinances. Licenses and occupation taxes. It shall not be within the power or authority of said City of Villa Rica, its Mayor and Council, or any official therein to give or grant any license, to conduct or carry on any business, vocation or calling in said city, in violation of the laws of the State of Georgia in reference to the observance of the Sabbath Day, nor shall said city, the Mayor and Council, nor any official thereof, ever have power or authority to give, grant or permit any license or any authority to keep for sale, to manufacture, give away, barter, sell or exchange within the limits of said city any spirituous, alcoholic, malt, vinous, or intoxicating liquors, drinks, bitters, mixture, beverages or concoctions, or any imitations or substitutes thereof or therefor, each of said act and articles being hereby declared a public nuisance and not for the peace, welfare and good order of said city. Sabbath day preserved. Intoxicating beverages not to be sold. Section 25. Be it further enacted, That the Mayor and Council shall have authority and power to prohibit or regulate and license billard tables, pool tables, ten-pin alleys and any and all tables or alleys of any kind kept within said city and used for purposes of hire, renting or of gain, or used, or kept in any public place or store to attract trade or patronage, or for the use of which any charge is made, and

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to charge for such license, if granted, such sums as the Mayor and Council may fix by ordinance, for the calendar year or any part thereof and payable in full in advance. Pool tables may be prohibited. Section 26. Be it further enacted, That the Mayor and Council shall have full power and authority to license, regulate, and control by ordinance, all markets in said city operating houses, and other places of amusement, all hacks, drays or wagons used for hauling or any kind, and all vehicles used for hire for any purpose, auctioneers, itinerant lightning rod dealers, sewing machine agents, peddler, emigrant agents, all fire and life insurance companies doing business in said city, trades of all kinds, itinerant dealers, except such as are exempted by State laws. Also any person, firm, company or corporation running or operating a flying-jenny, flying horse, and all circuses, side shows and performances of any kind in said city and all persons selling goods, wares or merchandise of any kind by sample, or soliciting orders for the same, and all other businesses, calling or vocations, which are not exempt from license under the Constitution or laws of Georgia. Markets to be regulated. Section 27. Be it further enacted, That it shall not be lawful for any person, firm, company, or corporation to manufacture, keep for sale or to give away, barter, sell, exchange or use the same directly or indirectly to attract trade or patronage, within the limits of said city, any spirituous, alcoholic, malt, vinous, or intoxicating liquors, drinks, bitters, mixtures, beverages or concoctions, or any imitations of or substitutes thereof or therefor, each of said acts and articles being hereby declared to be public nuisance and it is hereby made the duty of the Mayor and Council of said city to enact such ordinances as will effectually prohibit the same, and shall enforce the same by suitable penalties and punishments as prescribed by ordinance. The marshals and policemen of said city shall have full power and authority to enter, and if necessary, to break open, and enter any place

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in said city when the Mayor and Council may order the same upon reasonable cause to believe or to suspect that the above prohibited articles are therein being manufactured, or stored for sale, or other use contrary to the provisions of this section and to seize the same and the apparatus for selling the same; and said Mayor and Council shall have full power and authority to abate as a nuisance any place in said city where said Mayor and Council have reasonable grounds to believe or suspect such articles kept, stored for sale or manufactured, and to arrest the offender or offenders. Upon conviction of any person for maintaining a nuisance, as above stated, and as partial punishment for same, said Mayor and Council, or said Mayor pro tem., shall have full power and authority to direct and cause the marshal and police officers to seize and destroy the stock of above articles found and the apparatus for selling same, and to otherwise punish such offenders as may be prescribed by ordinance. Intoxicating beverages prohibited. Section 28. Commutation Street Tax. Be it further enacted, That the Mayor and Council of said city shall have power and authority to require and compel and make persons between the ages of twenty-one and fifty, subject to road duty under the laws of Georgia, resident in said city, to work on the streets of said city not to exceed three days in each year, at such time and place as the Mayor and Council may order, or to pay a commutation tax in lieu thereof, not to exceed three dollars in any one year, as said Mayor and Council may determine. Should any person liable to work on the streets under this Section fail or refuse to do so, or to pay the street tax assessed in lieu thereof, after having received due notice to do so, as said Mayor and Council may require, he shall be deemed guilty of a violation of this Section, and on conviction in the Mayor's Court of said city, shall be fined in a sum not to exceed ten dollars or imprisoned in the city prison, or by labor on the chain

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gang of said city not to exceed twenty days. The Mayor and Council may pass such ordinances as they may deem proper and necessary for enforcing the provisions of this Section and for the collection of such tax. Commutation of street tax. Section 29. Dog Tax. Be it further enacted, That the Mayor and Council shall have power and authority to impose a tax on dogs owned and kept within said city not to exceed two dollars per annum each, and shall have power and authority to pass such ordinances as they deem necessary to collect such tax or otherwise enforce the provisions of this Section, and may authorize and direct the marshal and police officers of said city to impound or kill any dog or dogs at large, within the limits of said city, whose owner has failed or refused to pay said tax or who fails or refuses to otherwise comply with any such ordinance or regulation. Dog tax. Section 30. Streets and Sidewalks. Be it further enacted, That the Mayor and Council of the said city shall have full, complete and exclusive control of the streets, alleys, sidewalks, highways, roads, parks and squares in said city and of the use thereof and shall have full power and authority to condemn property for the purpose of laying out new streets, highways, roads, alleys or sidewalks, and for the widening, straightening and grading, or in any way changing the street lines, highways, roads, sidewalks and alleys of said city, and when said Mayor and Council desire to exercise the power and authority as to condemnation herein granted, it may be done, whether the lands to be condemned is in the hands of an owner, trustee, executor, administrator, guardian or agent, and shall be done only in the manner prescribed in Sections 5206 and 5235, inclusive, Volume 1, of the Code of Georgia of 1910, and the Acts amendatory thereof. The Mayor and Council may abandon or discontinue such proceedings at any time upon payment of accrued costs. The Mayor and Councilmen shall have full power and authority to remove or cause to be removed, any building,

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step, fence, tree, gate, post or other obstruction or nuisance in the streets, alleys, highways, roads, lanes, aidewalks or other public places in said city, and to enforce the provisions of this section by appropriate ordinance. The Mayor and Council shall have full and complete power to alter, change, or re-establish the grades of any street or sidewalk, highway, road, crossing or of any street or sidewalk, nor or hereafter opened or laid out in said city, and to order and compel compliance therewith and observance thereof, by any street railroad company occupying, or using, or crossing such street or sidewalk or any part thereof. Streets and sidewalks. Section 31. Be it further enacted, That the Mayor and Council shall have full power and authority, in their discretion and as hereinafter prescribed, to grade, pave, macadamize or otherwise improve the travel and drainage of the sidewalks, highways and roads, streets, squares, public alleys and lanes of said city, now or that may hereafter be opened, laid out or constructed, and to lay curbing along any of the sidewalks, streets, squares, or public alleys. In order to make effective the power and authority above given and to provide funds therefor, said Mayor and Council shall pay one half of the actual cost of paving sidewalks, streets, highways, roads, and alleys, and placing curbing by the same out of the treasury of the city. Said Mayor and Council shall have full power and authority to assess one-half the actual cost of paving sidewalks, streets, highways, roads and alleys, and placing curbing by the same, against the real estate abutting on the sidewalks, but only on the side of the street on which the sidewalk is improved, if on one side only. Any street railroad company or other railroad company having a track or tracks running along or across the streets of said city shall be required to pay the cost in full of paving, macadamizing, grading or otherwise improving such street between their said tracks and for two feet on each side thereof, or in case of such tracks now laid

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under previous grants or franchises in the nature of contracts between said city and the company owning or operating such maximum proportion as is stipulated in such grants or franchises until the same expire by original limitation in such grants and thereafter as above prescribed. Grading and paving. The amount of the assessments on each piece of real estate abutting on the sidewalk or walk improved shall be a lien on said real estate from the passage of the ordinance providing for the work and making the assessment, and the Mayor and Council shall have full power and authority to enforce the collection of any amount so assessed for such improvements or work done upon the sidewalks, streets, highways, alleys, lanes by execution to be issued by the clerk of the Council against the real estate so assessed, and against the owner thereof at the date of the ordinance making the assessment, which execution be levied by the marshal of the city on such real estate, and after advertising and other proceedings as in case of sale of realty for city taxes, the same may be sold at public outcry to the highest bidder, and such sale shall vest absolute title in the purchaser; provided, that the defendant shall have the right to file an affidavit denying that the whole or any part of the amount for which the execution is due, and stating what he admits to be due, if any, which amount so admitted to be due shall be paid before the affidavit shall be received; which affidavit, when received, shall be returned to the Superior Court of the county having jurisdiction of said matter, and there tried and the issues determined, as in cases of illegality, and subject to all the penalties provided by law in cases of illegality for delya. The liens for assessment on abutting property, and on street railroad or other railroad companies, for streets, highways, roads, alleys, or sidewalk paving, curbing, macadamizing, grading, or drainage, shall rank in priority of payment next in point of

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dignity to liens for taxes, such liens to date from the passage of the ordinance authorizing the execution of the work in each case. Assessments for paving. Section 32. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That said City of Villa Rica, by its Mayor and Council, is hereby authorized and empowered to establish and change the grade of any streets, avenues, alleys, lanes, sidewalks and other places in the City of Villa Rica, and to improve the same by paving, macadamizing and draining the same whenever in its judgment the public convenience and welfare may require such improvements, subject only to the limitations described in this charter. Authority to pave streets. Section 33. Be it further enacted by the authority aforesaid, That whenever the said City of Villa Rica, by its Mayor and Council shall deem it necessary to grade, pave, macadamize, drain or otherwise improve any street, avenue, alley, lane, sidewalk or any part thereof within the limits of the City of Villa Rica, said City of Villa Rica, by its Mayor and Council shall by resolution declare such work or improvement necessary to be done and such resolution or ordinance shall be published once a week for two consecutive weeks in a newspaper having a general circulation in the City of Villa Rica, or the County of Carroll, and if the owners of more than one-half of the linear front feet of the land fronting on such improvement and liable to assessment to pay for such improvement, on such street, avenue, alley, lane, sidewalk or highway, shall not within fifteen days after the last publication of such resolution or ordinance file with the clerk of said City of Villa Rica their protest in writing against such improvement, then said City of Villa Rica by its Mayor and Council shall have the power to cause such improvements to be made and to contract therefor and to levy assessments as herein provided for. Any number of streets, avenues, alleys, lanes, sidewalks or

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other public places or parts thereof to be so improved may be included in one resolution or ordinance, but any protest or objection shall be made as to each street or highway separately except, when treated as one project, as hereinafter provided. Provided, however, that if the owners of the entire linear frontage of land abutting any proposed improvement of any street or part of street, alley, lane or avenue, sidewalk or other public place described in such petition, shall petition the City of Villa Rica, or its mayor and council, for such improvement desired, the width of the same and materials preferred by petitioners for such improvement, and express a willingness to pay the entire cost of such improvement, it shall thereupon be the duty of said City of Villa Rica, by its Mayor and Council, to promptly cause said improvement to be made in accordance with the prayer of said petition, and in such cases the resolution or ordinance hereinbefore mentioned shall not be required. Provided, however, that there two or more streets running in the same general direction from one continuous way they may be treated as one street, and the improvement thereof, as in this Charter provided shall constitute one project and shall be dealt with accordingly as to resolutions, ordinances or petition of property owners or protest by property owners of other proceedings. Resolution to pave to be published. Property owners must file objection in writing. Section 34. Be it further enacted by the authority aforesaid, that whenever it shall be determined under the provisions of the foregoing sections that any street, avenue, lane or alley within the corporate limits of the City of Villa Rica shall be paved, macadamized or otherwise improved as herein provided, then the total cost of said paving or improvement to be apportioned shall include grading, excavating, engineering and other things usual and incident to the proper paving of any street, and shall include all intersections. When the total cost as aforesaid has been determined, then the City of Villa Rica will be liable for one

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third of said total cost and abutting property owners, along both sides of such paved or macadamizing; and each abutting property owner along said paved street, lane, avenue, or alley, shall be liable for his pro rata share of said two thirds of the total cost of paving or macadamizing, which pro rata share shall be calculated in accordance with the ratio which his abutting property front footage along both sides of said paved street, avenue, lane, or alley. Provided, however, that where sidewalks are paved under authority and provisions of this Charter or under other provisions of this city charter or amendments thereto or ordinances adopted in pursuance thereof, the Mayor and Council has the right to assess and collect from abutting property owners the entire cost of such improvement adjacent to and abutting said property. Provided, further that the Mayor and Council may assess and collect from the abutting property owners such proportionate part of the cost of curb and gutter adjacent to their property as said Mayor and Council may fix and determine. Apportionment of cost of paving. Section 35. Be it further enacted by the authority aforesaid, that whenever the petition provided for in Section 33 of this Charter is presented or when the City of Villa Rica, by its Mayor and Council, shall have determined to pave or improve any street, avenue, lane, alley or other public place, and shall have passed the resolution or ordinance provided for in Section 33 of the Charter, the said City of Villa Rica, by its Mayor and Council, shall then have the power to enact all ordinances and establish all such rules and regulations as may be necessary to require the owners of all property subject to assessment to pay their proportionate part of the entire cost as prescribed and set forth in this charter, and to cause to be put in and constructed all necessary water or sewer pipes in and underneath the streets, avenues, lanes, alleys, and other public places where such improvements are to be made, as may be deemed proper

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and necessary by said Mayor and Council, and two thirds of the total cost of such water or sewer pipe and necessary connections shall be taxed against such property and shall be included and made a part of the general assessment to cover the cost of such improvements, the Mayor and Council having the power, authority and discretion to include the cost of such water or sewer pipe and connections and cost of construction, in the general assessment under same rules and regulations as to cost of pavement as herein set forth. Collection of assessment for paving. Section 36. Be it further enacted by the authority aforesaid, that after the expiration of the time for objection or protest on the part of the property owners, if no sufficient protest be filed, or upon receipt of the petition for such improvement signed by the abutting property owners as specified in this Charter, if such petition shall be found to be in proper form and properly executed, the said City of Villa Rica, by its Mayor and Council, shall adopt a resolution reciting that no such case may be and expressing the determination of said city, by its Mayor and Council, to proceed with the improvements, stating the material to be used and the manner of construction and defining the extent, character, and width of the improvement, and other such matters as may be necessary to instruct the agent or engineer of said city in the performance of his duties in preparing for such improvements the necessary plant, plats, profiles, specifications and estimates. Said resolution shall set forth any such reasonable terms and conditions as said City of Villa Rica, by its Mayor and Council, shall deem proper to impose with reference to letting the contract and provisions therefor and the said Mayor and Council shall by said resolutions provide that the contractor shall execute to the city a good and sufficient bond in an amount to be stated in such resolution, conditioned for the full and faithful performance of the contract, and for the protection of the city and all property owners interested against any loss or damage

Page 1807

by reason of the negligence or improper execution of the work, and may require a bond in an amount to be stated in such resolution for the maintenance of good condition of such improvement for a period of not less than five years from the time of its completion, or both in the discretion of the Mayor and Council of said City. Said resolution shall also direct the agent or engineer of said city to advertise for sealed proposals for furnishing the materials and performing the work necessary in making such improvements. The notice for such proposals shall state the street, streets or other public places to be improved, the kind of improvement proposed, what if any bond or bonds will be required, to be executed by the contractor aforesaid and shall state the time when and place where such sealed proposals shall be filed and when and where the same will be considered by the City of Villa Rica, by its Mayor and Council. Said notice shall be published once a week for two consecutive weeks in a newspaper having a general circulation in the City of Villa Rica or Carroll County. At the time and place specified in such notice the City of Villa Rica, by its Mayor and Council, shall examine all bids received and without unnecessary delay award the contracts to the lowest and best bidder who will perform the work and furnish the materials which may be selected and perform all the conditions imposed by said City of Villa Rica as prescribed in such resolution and notice for proposals, and the said city, by its Mayor and Council, shall have the right to reject any and all bids and readvertise for other bids when any such are not in its judgment satisfactory. Proceeding with paving, bids, proposals, etc. Section 37. Be it further enacted by the authority aforesaid, that as soon as the said contract is let and the cost of such improvements, which shall include all other expenses incurred by the City incident to such improvements in addition to the contract price for the work and materials, is

Page 1808

ascertained, the said City of Villa Rica, by its Mayor and Council, shall, by resolution appoint a board of appraisers consisting of its agent or engineer, the clerk of the said City and a member of the board of tax assessors to appraise and apportionate cost and expense of same to the several tracts of land abutting on such improvement. Within ten days from the date of the resolution appointing said board, the said board shall file a written report of the appraisal and assessment and apportionment of such expense and cost to the several lots and tracts of land abutting on such street, streets, alley, lane, avenue or other public place so improved with the clerk of said city. When said report shall have been made, returned and file, the said City shall appoint a time for the holding of a session of its Mayor and Council for the hearing of any complaints or objections that may be made concerning the said appraisement, apportionment and assessment as to any such lots or tracts of land abutting on said improvements, and notice of such session for the hearing shall be published by the clerk of said city at least once a week for two consecutive weeks in a newspapers having a general circulation in said city, or in Carroll County, and said notice shall provide for inspection of such by any property owner or other person interested in such return. The time fixed for such hearing shall not be less than five nor more than ten days from the last publication. The said Mayor and Council at said session shall have the power to review and correct said appraisement, apportionment and assessment and to hear objections to the same and to confirm the same either as made by said board or as corrected by Mayor and Council. Assessments in conformity to said appraisement and apportionment as confirmed by said Mayor and Council shall be payable in ten equal installments, and shall bear interest at the rate of 7 per cent per annum until paid, payable in each year at such time as the several installments of the assessments are made payable each year. The said Mayor and Council shall by ordinance

Page 1809

levy assessments in accordance with the said appraisement and apportionment as so confirmed against the several tracts of land liable therefor, and shall cause said appraisement and apportionment to be recorded on the mortgage records of Carroll County duly certified as correct by the Clerk of the Council, and when so recorded, the charges assessed against the various parcels of land shall become a first lien thereon, superior to all other liens except those to the State of Georgia, the County of Carroll and the City of Villa Rica. Board of appraisers. Section 38. Be it further enacted by the authority aforesaid, that the first installments of said assessments, together with the interest to that date upon the whole shall be due and payable on the first day of November next succeeding the passage of said ordinance, and one installment with the yearly interest upon the amounts remaining unpaid shall be payable on the first day of November in each succeeding year until all shall be paid; provided, that if such assessing ordinance shall be passed after the first day of October in each year, the first installment of such assessment and interest shall be due and payable on November first of the following year. Said Ordinance shall also provide that the owners of the property so assessed shall have the privilege of paying the amounts of their respective assessments within thirty days from the date of their passage of said ordinance. The owners of the property so assessed shall be allowed to make payment of their respective assessments without interest within said period of thirty days to the City Clerk of the City of Villa Rica and relieve their property from the lien of said assessments, which money so paid to the City Clerk shall be disbursed pro rata between the contractor and the city in proportion to their respective interests. First installment of assessments, when due. Section 39. Be it further enacted by the authority aforesaid, that the said City of Villa Rica, by its Mayor and

Page 1810

Council, after the expiration of thirty days from the passage of said ordinance confirming and levying said assessments shall by resolution provide for the issuance of bonds in the aggregate amount of such assessments remaining unpaid, bearing date fifteen days after the passage of the ordinance levying the said assessments, and of such denominations as the said City of Villa Rica, by its Mayor and Council, shall determine, which bond or bonds shall in no event become a liability of the City of Villa Rica, or its Mayor and Council issuing same. One tenth in amount of any such series of bonds with the interest upon the whole series to that date shall be payable on the 15th day of November next succeeding the maturity of the first installment of the assessments, and interest, and one tenth thereof with the yearly interest upon the whole amount remaining unpaid shall be payable on the 15th day of November in each succeeding year until all shall be paid. Such bonds shall bear interest at a rate not exceeding 7 per cent 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 that they are payable solely from assessments which have been levied upon the lots and tracts of land benefitted by said improvements under authority of this Charter. Said bonds shall be signed by the City of Villa Rica, by its Mayor and attested by the Clerk, and shall have the impression of the corporate seal of such city thereon and shall have interest coupons attached and all bonds issued by authority of this Charter shall be payable to bearer at such place either within or without the State of Georgia as shall be designated by said Mayor and Council. Said bonds shall be sold at not less than par, and the proceeds thereof applied to the payment of the contract price and other expenses by the said Mayor and Council, or such bonds in the amount that shall be necessary for that purpose

Page 1811

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 Mayor and Council shall direct. Said bonds may be registered by the City Clerk in a book to be provided for that purpose and certificates of registration by the clerk of said city shall be endorsed upon each of said bonds. Street improvement bonds. Section 40. Be it further enacted by the authority aforesaid, that the assessments provided for and levied under the provisions of this Charter shall be payable by the persons owning the said lots or tracts of land as the several installments become due, together with the interest thereon, to the City Clerk of the City of Villa Rica, who shall give proper receipt for such payment. It shall be the duty of the city clerk to keep an accurate account of all such collections by him made and such collections shall be kept in a special fund to be used and applied for the payment of such bonds and the interest and for no other purpose. It shall be the duty of the city clerk not less than thirty days and not more than forty days before the maturity of any installment of such assessments to publish in a newspaper having a general circulation in said city, or Carroll County, once a week for two consecutive weeks, a notice addressed generally to the property owners on the streets, avenues, alleys or highways whereon said improvements were made advising the owners of the property affected by the assessments of the date when such installment and interest will be due, and designating the street or streets, or other public places for the improvements of which assessments have been levied, and that unless the same shall be promptly paid proceedings will be taken to collect said installment and interest. And it shall be the duty of said city clerk, promptly at the date of maturity of any such installment or assessment and interest, and on or

Page 1812

before the 15th day of November of each year, in case of default in payment of such installment or assessment with interest, to issue an execution against the lots or tract or land assessed for improvement or against the party or person owning the same for the amount of such assessment with interest, and shall turn over the same to the Marshal of the City of Villa Rica, or his deputy, who shall levy the same upon the adjoining real estate liable for such assessment and previously assessed for such improvement. And after advertisement and other proceedings as in case of sales for city taxes of said city, the same shall be sold at public outcry as in other city tax sales, to the highest bidder, and such sales shall vest an absolute title in the purchaser subject to the lien of the remaining unpaid installments or assessments with interest, provided that the defendant shall have the right to file an affidavit denying that the whole or any part of the amount for which said execution issued is due, and stating what amount he admits to be due, which amount so admitted to be due shall be paid or collected before the affidavit is received, and the affidavit received for the balance. All affidavits shall set out in detail the reason why the affiant claims the amount is not due, and when received by the City Marshal shall be returned to the Superior Court of Carroll County, Georgia, and there tried and the issue determined as in cases of illegality, and subject to all the pains and penalties provided for in case of illegality for delay under the Code of Georgia, and it shall be the duty of the Judge of the Superior Court of Carroll County, Georgia, to give preference to the trial of these cases over all other cases pending in said court. The failure of the said city clerk to publish said notice of the maturity of any installment of said assessment and interest shall in no wise affect the validity of the assessment and interest and the execution issued therefor. Assessments payable to city clerk.

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Section 41. Be it further enacted by the authority aforesaid, that no suit shall be sustained to set aside any such assessment or to enjoin the said City of Villa Rica or its Mayor and Council from making any such assessments, or issuing such bonds or providing for their payments as herein authorized, or contesting the validity thereof on any ground or for any reason, other than the failure of the City of Villa Rica, by its Mayor and Council, to adopt and publish the preliminary resolution or ordinance provided for in Section 33 of this charter in cases requiring such resolution or ordinance and its publication, and to give the notice of the hearing of the report of the appraisers as herein provided for, unless such suit shall be commenced within sixty days after the passage of the ordinance making such final assessment; provided, that in the event any special assessment shall be found to be invalid or insufficient for any reason whatsoever, the said Mayor and Council may at any time in the manner provided for the levying an original assessment proceed to cause a new assessment to be made and levied which shall have like force and effect as an original assessment. Injunction not permitted except in certain instances. Section 42. Be it further enacted by authority aforesaid, it shall be the duty of the Mayor and Council of City of Villa Rica, where any pavement or hard-surfaced improvements have been made under this charter, at all times to maintain and keep in good repairs the said streets so improved at the expense of said city, except in cases where the property owners or any public service or other persons deem it necessary to break the pavement for the purpose of making improvements, the same shall be done after obtaining consent in writing from the Mayor and Council at the expense of said person or corporation finding it necessary to break or destroy any of the streets so paved. Repairs after improvements made. Section 43. Be it further enacted by the authority aforesaid, that in computing time as to the publication of notices

Page 1814

in a newspaper as required by this Charter, the time shall be the number of days therein specified exclusive of all Sundays and legal holidays. Section 44. Be it further enacted by the authority aforesaid, that whenever the abutting land owners of any street, alley, avenue, or lane of said city petition the City of Villa Rica, as herein set forth, or the Mayor and Council of said city pass the resolution or ordinances provided for in Section 33 of this charter, for the pavement of any street, avenue, alley, lane or other public place, where the State of any of its political sub-divisions is the owner of any property on said street, the frontage so owned is to be counted as if owned by an individual and shall likewise be treated for the purpose of assessment; and where the state is the owner the Governor is authorized to sign any petition provided for in this charter, and where the county is the owner the chairman of the Board of Roads and Revenues for Carroll County is authorized to sign in behalf of the county, and where the City of Villa Rica is owner the Mayor is authorized to sign for the City of Villa Rica. Frontage. Section 45. Be it further enacted by the authority aforesaid, that it is not the intention of this Charter to repeal any present or existing laws or other parts of this charter for the pavement or improvement of the streets, sidewalks, highways, alleys and lanes of the City of Villa Rica, but it is intended that this part of the Charter is to be cumulative as to all such improvements in said city. The City of Villa Rica is hereby granted the right to use this as cumulative provision of said Charter to be known as the Street Improvement Bonds, it being the intention to preserve all the rights and privileges granted or held in other parts of this Charter to the Mayor and Council of the City of Villa Rica for the purpose of making public improvements. This act cumulative of other acts as to street improvements. Section 46. Be it further enacted, That the Mayor and

Page 1815

Council shall have full power and authority to regulate or prohibit the use of the streets, alleys, sidewalks and public grounds of said city for any purpose or purposes other than the free use of the same for public travel, and to make and pass such ordinances as will prohibit the use of the same for any other purpose. The said Mayor and Council shall have the authority and power to regulate the speed at which automobiles, bicycles, and other vehicles of any description shall be driven over or through the streets, alleys, or public places in said city and to punish violations of such rules, regulations or ordinances as they may pass on this subject. Said Mayor and Council may also have the power and authority to regulate the speed at which locomotives or trains or street cars shall be run within the corporate limits of said city; also blowing of whistles and signals by locomotives, stationery engines and factories within the corporate limits, and also to prescribe by ordinance the length of time for which any railroad train or engine may obstruct or prevent passage of the public over any public crossing or street or sidewalk within said city. Use of streets may be restricted. Section 47. Be it further enacted, That the Mayor and Council shall have power and authority to require the railroads or street railroads running through said city or a portion thereof, to make and repair public crossings for pedestrians or vehicles over and across their several roads whenever and in such manner as said Mayor and Council shall deem necessary; to make or repair such crossings, or to open or keep open any street in said city crossing them; to conform their tracks to the established grades of streets or crossings, as may now or hereafter opened, laid out or obstructed, and the Mayor and Council may pass any ordinance needful for carrying out the provisions of this Section. And in case any railroad or street railroad shall fail or refuse to make such crossings within twenty-four hours after having been notified to do so by said city, the Mayor

Page 1816

and Council shall have the power to create and make the same across the railroad or street railroad or to repair the same at the expense of said railroads or street railroads, and may issue execution therefor and levy and collect the same as in case of tax executions. Railways and street railroads to repair public crossings. Section 48. Be it further enacted, That the Mayor and Council of said city shall have power and authority to grant franchises, easements and rights of way over, in, under, on and along the public streets, lanes, alleys, sidewalks, parks, and other property of said city, on such terms or conditions as they may fix by ordinance; provided, that no such franchise or easement or right of way shall be granted for a term of more than twenty years, nor without fair and adequate compensation to said city, to be provided for in franchise ordinance; and provided, further, that no such franchise shall be granted until the application for the same with a description of the nature of the franchise, the streets on which it is desired, the terms upon which asked and the time at which it will be acted upon shall have been advertised at the expense of the applicant, once a week for four weeks in a newspaper published in said city, of if none such, then in the newspaper in said county carrying the Sheriff's advertisements. Franchises may be granted. Section 49. Be it further enacted, That the Mayor and Council shall have full power and authority to lay down and construct and repair sewers and a sewerage system in said city, including the disposition of sewerage matter. In case any sewer or parts of same shall be located upon or through private property or such location should be for the public interest, and the owners of such property refuse to grant a right of way for that particular purpose, and such owner or owners and the authorities of said city cannot agree upon the damages to be paid for such easement, the damages shall be assessed as in case of property taken under condemnation proceedings under the laws of this State, for opening,

Page 1817

straightening, or widening streets under this charter, upon payment or tender of the amount of the award the work may proceed, notwithstanding the entering of any appeal. The Mayor and Council, when in their judgment necessary for the preservation of the health of the inhabitants of said city, shall have full power and authority to extend the system of sewerage and drainage beyond the limits of said city, and the provisions of this Act as to the construction, maintenance, preservation and protection of such sewerage system and the taking of property therefor, shall apply to the territory without said city limits as may be necessary for the purpose aforesaid. The Mayor and Council shall have entire charge of said sewers and sewerage system, and shall direct the kind of material the same shall be constructed, and on what terms and conditions the same shall be constructed, and to what extent surface water or drainage shall be permitted to flow into said sewers, and shall dictate who shall construct the same, and the same shall be at all times under the management and control of said Mayor and Council. Sewers and sewerage system. Section 50. Be it further enacted, That the Mayor and Council of said city shall have full power and authority to construct, maintain and operate a system of water works for said city, and to serve the residents within the said City of Villa Rica and adjacent thereto, with water and sewerage, for two miles from the Southern Railway Depot, in the said City of Villa Rica, as now located, and is expressly authorized to make contracts with all property owners, or adjacent municipalities, or corporations, for the purpose of furnishing them with water and sewerage within a radius of two miles of the Southern Railway Depot as now located in the city of Villa Rica, and to accept franchises from any adjacent municipality to furnish water and sewerage for more than one year, and to that end shall have power and authority to acquire by gift, purchase or condemnation proceedings

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under the general laws of this State, all necessary lands, easements, rights of way, franchises, water rights and water supplies and also all lands, easements, and franchises necessary for the water basin or water shed from which the public water supply may be obtained, or for the protection thereof, whether within or without the corporate limits. The said water works system, and any system of sewers also authorized in this Act, may in the discretion of the Mayor and Council, be constructed wholly or in part, either or both by taxation or the issue and sale by said city of bonds or other evidences of indebtedness to be authorized and issued under terms of the Constitution and the general laws of this State, as to creating of any bonded indebtedness by municipalities. The said Mayor and Council shall have full power and authority to enact and enforce such rules, regulations, ordinances and by-laws as may be necessary to protect said water works system and sewer system, and every part of each, as also the water basin and water shed from which the public water supply is taken, whether within or without the incorporate limits, and to have and to exercise the right to police said system and all their parts and said basin and shed, whether within or without the corporate limits, and to fully protect and guard the same and every part thereof. Water works system. Section 51. Be it further enacted, That the Mayor and Council of said city shall have full power and authority to establish, operate and maintain a system of electric lights for said city under such rules and regulations as they may elect, and for the erection thereof, said Mayor and Council may in their discretion issue bonds or other evidences of indebtedness to be authorized and issued under terms of the Constitution and general laws of this State, or may do so by direct taxation. Electric lights system. Section 52. Be it further enacted, That the Mayor and Council of said city shall have full power and authority to

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create for said city, a water, light and bond commission, which commission shall be under the jurisdiction and control of the Mayor and Council and shall have all the power and authority that may be vested by said Mayor and Council by proper ordinance and said commission shall be subject to the Mayor and Council in all their conduct, shall be elected or appointed by the Mayor and Council for such time and receive such compensation for their services as the Mayor and Council may elect. Water and light bond commission. Section 53. Be it further enacted, That the Mayor and Council of said city shall have full power and authority to protect their water and light system from all invasion, by their police, as well without as within the corporate limits of said city, that the marshal and policeman of said city shall have power to arrest any person or persons interfering with any part of the water works, electric light, sewers or other property of said city, and bring said offenders before the Mayor, or Mayor Pro Tem., or the acting Mayor of said city and be dealt with as if the crime was committed within the corporate limits of said city, jurisdiction being hereby conferred for that purpose. Protection of water and light systems. Section 54. Fire Protection. Be it further enacted, That the Mayor and Council of said city may, in its discretion, enact any and all ordinances, rules and regulations necessary to lay out a fire district in said city, and to enlarge, change or modify the same from time to time, to prescribe how and of 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 city from danger from fire or to prevent or stop conflagration. They shall also have the power to order any changes in the construction or arrangements of chimneys, stove pipes or flues, or the removal thereof, when in their

Page 1820

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 ordinance, and collect any expenses incurred by the city, under any ordinance passed carrying out the powers granted under this Section by execution as in case of collecting other costs due said city. The Mayor and Council may exercise general supervision over all buildings of all character in said city and 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. The Mayor and Council shall have full power to regulate, control or forbid as a public nuisance, the establishment, location or operation, within said city, of any fertilizer factory, planing mill or other manufacturing establishment, shop or other business, the conduct, establishment or operation of which disturbs or interferes with peace, comfort or health of citizens of said city or is calculated to damage or depreciate property for residential purposes; provided, this Act does not apply to any fertilizer factory, planing mill or other manufacturing establishment, shop or other business now in operation. [Illegible Text] protection. Section 55. Be it further enacted, That it shall be the duty of the Mayor and Council of said city to provide such fire protection therefor whenever, and as in their discretion the city can afford or is able to support, and to this end shall have power and authority to organize, equip and support a fire department, volunteer or paid, and to make such appropriations therefor as they may deem advisable providing needed buildings therefor, and to adopt and prescribe such ordinances and regulations as will be promote the objects of this Section and afford protection from fire or conflagration to property in said city. Fire department. Section 56. Storage of Combustibles, etc. Be it further enacted, That the Mayor and Council of said city shall have

Page 1821

authority and power to provide for the inspection of steam boilers in said city, to regulate or prevent the storage of gun powder, tar, pitch, rosin, coal, benzine, naphtia, nitroglycerine, turpentine, cotton, petroleum, kerosene oil, dynamite or other combustible or explosive substances, materials or liquids within the city limits; and to regulate the use of lights in stores and shops, or the building of bonfires; to regulate or prohibit the use of fireworks, firecrackers, torpedoes, sky rockets, Roman candles, the firing of guns, pistols and anvils, and to prohibit every kind of gaming and hunting within the corporate limits of said city. Storage of combustibles. Section 57. Board of Health: Be it further enacted, by the authority aforesaid, That the Mayor and Council of said city shall have power and authority, in its discretion, to elect or appoint a board of health for said city with such duties and powers and compensation as may be fixed by ordinance, prior to the election or appointment, the term of office for said board shall be for one year. Board of health. (a) Be it further enacted, That the Mayor and Council shall have full power and authority to make an assessment on the various lots or tracts of land, and lot owners in said city for sanitary purposes, not to exceed five dollars per annum on each lot so assessed, and said Mayor and Council are fully empowered to collect the same by execution against the lots so assessed and the owners thereof, in the same manner as provided in this charter for the collection of other city assessments or taxes. The sanitary tax so collected shall be used solely for sanitary purposes. The Mayor and Council shall have power and authority to prescribe by ordinance what shall constitute a lot for sanitary purposes and assessments; provided, that no residence lot shall be fixed at less than twenty-five feet front; and provided, further, that no sanitary assessment shall be made against unimproved property nor shall any residence lot with dwelling thereon be sub-divided. Assessments for sanitary purposes.

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Section 58. Be it further enacted, That the Mayor and Council shall have power and authority to make and enforce all ordinances necessary or wisely precautionary for the prevention of any contagious or infectious disease or the spreading or communicating thereof; to declare, maintain and enforce quarantine rules or regulations in regard thereto, and to punish any violations of any of said rules and regulations. They shall have power to build or establish or maintain and exercise police powers over pest house within or outside of said city limits, and for this purpose they are authorized to buy, hold, rent or receive real estate or buildings within or beyond said city limits. They shall have power to compel the removal to the past house of any person or persons who have small-pox or other contagious or infestious diseases, when in their wise and human judgment it is best for the general welfare and health of said city. They shall have power to compel all persons in said city, whether residents or sojourners to be vaccinated and may provide vaccine virus and employ physicians at the expense of the city, to vaccinate all persons who are unable to procure vaccination, and may by ordinance provide for persons failing or refusing to be vaccinated. Health ordinances to be enforced. Section 59. Cemetery. Be it further enacted, That the Mayor and Council may acquire by gift, purchase or otherwise land for a city cemetery and establish such thereon within or without the corporate limits and the government, control, management and protection thereof, as it may be located or any enlargement, or extension of the limits thereof, by purchase, gift or otherwise, and the disposition of all lots therein, shall be vested exclusively in the Mayor and Council of the City of Villa Rica, and said Mayor and Council shall have full power and authority to pass all necessary ordinances, rules and regulations, relating to burials therein, to disposition of lots and the protection and preservation of said cemetery and of burials therein, and to

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punish violations thereof, and this power and authority shall be extended over any addition to said cemetery, whether within or without the corporate limits of said city. Cemetery. Section 60. Public Parks. Be it further enacted, That the Mayor and Council shall have power and authority, in their discretion, to acquire by gift, purchase or otherwise, on behalf of the city of Villa Rica, land or ground suitable for a park or parks for the use of the public and as may be, in their judgment, to the health, interest and welfare of the citizens of said city. They shall have power and authority to improve, beautify and keep up the same, and to that end may make appropriations therefor, and to provide such officers or employees as may be necessary to care for, protect and keep the same in order. They shall have power and authority to provide such rules, regulations and ordinances for the government of the same, and of the public who frequent them, as they may deem wise and necessary. Public parks. Section 61. Shade Trees Protected. Be it further enacted, That the Mayor and Council shall full power and authority to adopt and enforce ordinances for the protection and preservation of shade trees on the streets, public places, cemeteries and parks in said city and to prevent the cutting, imparing or mutilating thereof by telephone, telegraph, electric light or power or electric street car linemen or employees, or by other persons, unless the same is done under and with the express and formal consent of the Mayor and Council or some officer appointed by them to direct the same and then, only when absolutely necessary for the public service or safety. Shade trees protected. Section 62. Protection of Church Property. Be it further enacted, That the Mayor and Council shall have power and authority to protect by suitable ordinance and enforcement, all places of divine worship and all schools and colleges within said city, and to prohibit loitering or idling in or

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about the same or the grounds thereof; or any other conduct in or about the same tending to annoy the services or duties being carried on or performed therein or the occupants of said institutions or the grounds attached thereto. Said Mayor and Council shall also have power and authority by suitable ordinance to prevent and punish any boisterous, unseemly, indecent or disorderly conduct or behavior or any unseemly or improper gathering on the streets, sidewalks, alleys or public places or buildings or vacant property within said city or in or about or near any residence therein. Church property protected. Section 63. Public Morals, Etc. Be it further enacted, That the Mayor and Council of Villa Rica shall have full power and authority to suppress lewd houses, lewdness and all immoral conduct, gambling and gambling places, within the corporate limits of said city, and to this end may enact such ordinances and provide such penalties for violations thereof as they deem necessary or advisable to carry out the provisions of this Section. Said Mayor and Council shall have power and authority, upon proof of any house of ill fame, bawdy house, lewd house or gambling place or house, to vacate and abate the same by causing the occupants thereof to be forcibly removed, after three days notice, and any property owner or agent who shall, after notice of the character of the inmates, continue to rent or suffer the same to remain on said premises shall upon conviction in the Mayor's Court of said city, be punished as for a violation of the ordinances of said city relating to nuisances. Public morals. Section 64. Fowls and Domestic Animals. Be it further enacted, That the Mayor and Council of said city shall have full power and authority to prohibit by ordinance the running at large in said city of horses, mules, cattle, hogs, sheep, goats, dogs and all other animals or fowls and to prohibit the keeping of hogs within said city limits, or if

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allowed to be kept therein, in the Mayor and Council's discretion, to regulate the manner and place in which they may be kept. Also to impound all such animals and fowls when found upon the streets or public places or upon the property of other persons than the owners without permission or consent of the owner of such property, and to charge such fee for the same as said Mayor and Council may prescribe, and in adition thereto charge for the keep of any animal so impounded. Should the owner of any animal fail or refuse to pay the impounding fee and costs of keeping said animal, the same may be sold at public outcry before the city hall, or city court house in said city, and the proceeds applied to the payment of said fees and the costs, under such rules and regulations as the Mayor and Council may prescribe by ordinance. Fowls and domestic animals. Section 65. Criminal Warrants, Arrests Under. Be it further enacted, That should any person violating any of the ordinances of said city flee from the jurisdiction thereof he or she may be apprehended and arrested wherever found in the State, and the warrants of the Mayor, Mayor pro tem., or acting Mayor of said city shall be sufficient authority for his or her return and trial upon the charge resting against such person, and should any person after trial and conviction escape, such person may be apprehended or arrested whenever found in this State, and the warrant of either of the officials aforesaid shall be sufficient for his or her arrest and return; and all persons escaping from the custody of said city or its officers may be tried for such escape and punished therefor not exceeding penalties hereinafter provided. The said Mayor and Council shall have full power and authority to provide for said city a safe and suitable prison for the keeping and detention of prisoners and convicts of said city and all of persons charged with a violation of the ordinances of said city before or after conviction, and to appoint a custodian or keeper thereof. Criminal warrants, arrests under.

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Section 66. Sale Under Executions. Be it further enacted, That said Mayor and Council shall by ordinance provide for the form of all accusations, affidavits, and warrants to be issued in all trials or violations of the city ordinances and the procedure in all such cases. Sale under execution. All executions in favor of said city for the enforcement and collection of any fine, forfeiture, assessment, taxes or other claim, demand or debt, shall be issued by the clerk and bear test in the name of the Mayor or Mayor pro tem., and shall be directed to the marshal of said city, and to all and singular the Sheriffs and Constables of this State, and shall state for what issued and made returnable to the Mayor and Council of said city ninety days after the issuing of the same; and it shall be the duty of the marshal or other collecting officer to levy the same and advertise the sale of any real or personal property so levied upon, in the same manner as Sheriff's sales of real property or Constables' sales of personal property are required by law to be made. Any sales thereunder shall be made at the place and within the usual hours of Sheriff's and Contables' sales, and under the same rules and regulations as govern Sheriff's and Constables' sale of similar property. 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. Whenever at any such sales for taxes due, no one present shall bid for the property put up for sale as much as the amount of such execution and all costs, after such property shall have been cried a reasonable time, then any duly authorized or appointed agent of the city may bid off such property for said city, and the marshal or such other officer making the sale, shall make the City of Villa Rica a deed to the property so sold and deliver the same, and the titles thus acquired by the city shall be perfect and valid after the period provided for the

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redemption by the owner shall have expired and the marshal 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 of the city to any property so purchased, except by public sale to the highest bidder in the manner to be prescribed by the ordinance of said city. The Clerk of said city shall enter on his execution docket to be kept by him, all executions issued, giving the date, amount of each, to whom delivered, the return and all proceedings thereunder; said executions after being satisfied, shall be returned to the office of the clerk and there be filed. All sales and conveyances made under executions as provided in this Act shall have all the force and effect of sales and conveyances made by Sheriffs of this State and the officer making the sale shall have the same power as Sheriffs to put purchasers of property sold by them in possession. Section 67. Be it further enacted, That the Mayor and Council shall have full power and authority through a committee from its body, or by appointment of any other person, in their discretion and at any time they may deem proper, to examine into the working or conduct and business of any officer of said city, and shall have power and authority to demand, send for and compel the presence of persons or the production of all books and papers and to swear all persons summoned, as may be necessary or pertinent to said investigation. And it shall be the duty of the Mayor and Council prior to the first regular meeting of the Mayor and Council, in each year, by suitable committees, or otherwise, to examine and audit for the year ending January 31, preceding, all books, vouchers and papers of every official of said city or of any board thereof charged with collecting, keeping or expending any public funds of said city. Authority to examine businesses. Audit. Section 68. Be it further enacted, That the Mayor and

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Council shall prescribe by ordinance how and by whom purchasers of supplies, materials and other necessary articles, for said city or for any department thereof, shall be made or contracted in behalf of said city or for any department thereof, shall be made or contracted in behalf of said city, and no purchase or agreement or contract of purchase, made in any other manner or by any other persons, than as prescribed in such ordinances, shall be valid or binding on said city. Purchases. Section 69. Malpractice or Official Neglect. Be it further enacted, That in case the Mayor, or any Councilman, or the Clerk of Council, while in office shall be guilty of malpractice or wilful neglect in office, or the abuse of the powers conferred on him, or shall be guilty of any conduct unbecoming his station, or convicted and sentenced for violating any criminal law of this State involving moral turpitude, he shall be subject to be impeached by the Mayor and Council, or by Council, in case of the Mayor, and upon conviction by not less than four votes, shall be removed from office. Malpractice or neglect. Section 70. Be it further enacted, That it shall not be lawful for any official of said City of Villa Rica to be interested directly or indirectly in any transaction with, sale to, work for or contract of the City of Villa Rica, or any department of government or service of said city, involving the expenditures of any public funds of said city, except it be the lowest bidder on any material or machinery or other property, purchased by said City of Villa Rica, and when any member of the Council sells any material or machinery to the City of Villa Rica, the contract shall be entered on the Minutes of the City of Villa Rica, and the Councilman so interested shall not be permitted to vote on said matter. Purchases to go to lowest bidder. Section 71. Be it further enacted, That after the close of each fiscal year, the clerk of the city shall make and submit

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to the Mayor and Council at the first regular meeting in the new year, a full tabular statement of the assets and resources and liabilities of the city, with an itemized estimate of the probable receipts, and of the probable and necessary expenses for the coming year, and shall from month to month at the first regular meeting in each month of the Mayor and Council, submit a statement of all appropriations and expenditures made and authorized by the Mayor and Council to the end of the proceding month chargeable against the estimate income of the year. Statement to be furnished at end of year. Section 72. Be it further enacted, That any officer or officers of said City of Villa Rica who may be sued for any act or thing done in his official capacity may be justified under this charter, and the provisions of this charter may be pleaded and shall be a full defense to any action brought against the Mayor or Council or other officers of said city, or either of them, under and in accordance with its provisions and in accordance with the ordinances passed in pursuance thereof. Charter authority defense to suit. Section 73. General Welfare Clause. Be it further enacted, That the Mayor and Council of the City of Villa Rica shall have power and authority to pass all ordinances that they may consider necessary for the peace and good order, health, prosperity, comfort and security of said city and the inhabitants thereof and that may be deemed necessary to foster and promote virtue and good morals in said city; to suppress lewdness, gaming and disorderly conduct, and to enforce such laws and ordinances by such penalties as are authorized by this charter. The said Mayor and Council shall have full power and authority to adopt and enforce any and all ordinances they may consider advisable and necessary to carry out and execute the powers granted said city, and said Mayor and Council hereunder; to make and enforce such ordinances, rules and regulations for the government of their body, and all the officers of said city,

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and to do any and all acts and exercise all other powers conferred upon them by the Act of that may be done or exercised under the laws of this State conferring powers on municipal corporations and not inconsistent with the laws of this State. Welfare ordinances. Section 74. Be it further enacted, That all ordinances, by laws, rules, and regulations heretofore adopted by the Mayor and Council of the town of Villa Rica or City of Villa Rica which are now in force and not inconsistent with nor repugnant to any provisions of this Act shall remain in full force and effect under this charter, until repealed, altered, or amended by the Mayor and Council. Consistent provisions of previous charter still in effect. Section 75. Be it further enacted, that the Mayor and Council of said city shall have full power and authority to make such appropriations to the cemetery and parks of said city, the enlargement, maintenance and keep of the same, as may be sufficient for said purposes, from the public funds of said city that may be available for such purposes, and not in conflict or violation of the laws governing municipal corporations. Appropriations may be made to cemetery and parks. Section 76. Be it further enacted, that authority to carry out and effectuate by ordinance, and to provide penalties for violation thereof, whenever in their discretion the Mayor and Council may deem it necessary and all further powers granted to said City of Villa Rica, as reincorporated under this Act, be and are hereby expressly conferred on the Mayor and Council of said City now in office, and their successors. Powers. Section 77. Be it further enacted, that it shall be the duty of the chief of police, or the marshal of said city to collect all taxes, fines, levies and assessments that may become due to said City of Villa Rica, or imposed by the Mayor and/or Council on any person, firm or corporation; and in case the same are not paid within the time prescribed

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in this charter execution shall issue therefor, and levies made by the marshal, or the chief of police, or his deputies. All executions issued in behalf of said city for the collection of any tax, fines, forfeitures, or other purposes shall be directed to the chief of police, or his deputies, or the Marshal and signed by the Mayor, or mayor pro tem, and clerk of Council; and shall be advertised the same as sheriff's sales under the laws of the State of Georgia and said property levied upon shall be sold on regular first Tuesday in each month before the city hall in the City of Villa Rica. The defendant or defendants named in any execution shall have the right to contest said execution so issued by filing an affidavit of illegality and the marshal, or chief of police shall not sell but return same in case of personal property to the justice court of the district in which said city is situated, provided same is within the jurisdiction of the justice court; in the event the amount exceeds the jurisdiction of justice court then to the Superior Court of Carroll County, Georgia. When any claim or illegality be interposed to the sale of real estate, the same shall be returned to the Superior Court of Carroll County and same shall be tried under the same general rules relating to illegality as provided by the general laws of the State of Georgia and shall apply when filed to any execution issued by the City of Villa Rica. Duty of police to collect taxes. Section 78. Be it further enacted, that all Acts of the General Assembly heretofore passed incorporating the Town of Villa Rica, or City of Villa Rica, or all Superior Court orders conferring powers on the same, are hereby consolidated into and superseded by this Act, and all provisions of former Acts and orders inconsistent with or at variance with this Act or any provisions hereof, are hereby repealed, and all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Inconsistent provisions of previous acts repealed. Approved March 24, 1941.

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WRIGHTSVILLE CHARTER AMENDMENTS. No. 410. An Act to amend an Act approved August 18, 1923 (Acts of 1923, pp. 840 to 857), creating a new charter for the City of Wrightsville, and the several Acts amendatory thereof, by providing for the election by the qualified voters of the whole city of one councilman from each of the three districts of said city; by defining the districts; by defining the qualifications and terms of office of said councilmen; and 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 August 18, 1923 (Acts of 1923, pp. 840 to 857), creating a new charter for the City of Wrightsville be, and the same is hereby amended by striking from said Section the words six and substituting in lieu thereof the word three so that said Section as amended, shall read as follows: Act of 1923 amended. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that the municipal government of the City of Wrightsville shall consist of a mayor and three councilmen who are hereby constituted a body corporate under the name and style of `the mayor and councilmen of Wrightsville,' and by that name are hereby made a body corporate; as such they shall have perpetual succession, shall have a common seal, make contracts, hold, possess, by purchase or givt, and shall have the right to purchase and sell for the use of said city, real estate and personal property, and to sue and be sued. Mayor and councilmen. Section 2. That Section 2 of the aforesaid Act be, and the same is hereby amended by adding at the end of said Section the following:

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The city shall be divided into three districts as follows: District 1. All of the territory within the city limits east of the Wrightsville and Tennille Railway. District 2. All of the territory within the city limits south of Elm Street and west of the Wrightsville and Tennille Railway. District 3. All of the territory within the city limits north of Elm Street and west of the Wrightsville and Tennille Railway. so that said Section as amended shall read as follows: Section 2. Be it further enacted by the authority aforesaid, that the corporate limits of the City of Wrightsville shall extend three-fourths of a mile in every direction from the center of the courthouse, in the County of Johnson, State of Georgia, as it is now situated. The City shall be divided into three districts as follows: District 1. All of the territory within the city limits east of the Wrightsville and Tennille Railway. District 2. All of the territory within the city limits south of Elm Street and west of the Wrightsville and Tennille Railway. District 3. All of the territory within the city limits north of Elm Street and west of the Wrightsville and Tennille Railway. City divided into districts. Section 3. That Section 3 of said Act, as amended by an Act approved March 23, 1933, (Acts of 1933, pages 1151 to 1154) be, and the same is hereby amended by striking and repealing said Section 3 in its entirety, and substituting in lieu thereof a new section to be numbered and to read as follows: Section 3. Be it further enacted by the authority aforesaid, that the officers of said city of Wrightsville shall comprise the mayor and three councilmen; the mayor to hold office for the term of one (1) year and until his successor is elected and qualified, the councilmen to hold office for the term of two (2) years and until their successors are elected and qualified; each councilman shall represent a different district of said city and shall reside at the time of his election

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and during his term of office in the district which he represents, but shall be elected by the qualified voters of the whole city; provided, however, that at the first election held in and for said city hereafter, three (3) councilmen shall be elected for the term of two (2) years from the first day of December 1941. Provided further that any two members of said Council shall constitute a quorum for the transaction of any business of said City of Wrightsville, and the vote of any two members of said Council shall constitute a majority, and shall be sufficient to decide any question or matter by said Council. Term of office of Mayor and councilmen. Quorum. Section 4. That Section 4 of said Act, as amended by an Act approved March 23, 1933, (Acts of 1933, pp. 1151 to 1154) be, and the same is hereby amended by striking and repealing said Section 4 in its entirety and inserting in lieu thereof a new section to be numbered and to read as follows: Section 4. Be it further enacted by the authority aforesaid, that an election shall be held at the City Hall in the City of Wrightsville on the first Tuesday of November next, for a mayor and three councilmen, the mayor to hold office for one year and until his successor is elected and qualified, and the councilmen for a term of two (2) years and until their successors are elected and qualified; an election shall be held annually thereafter for the purpose of electing a mayor, and three councilmen shall be elected at each of said elections which are held in odd-numbered years; it being the purpose of this Act to provide a mayor and three councilmen, the mayor to hold office for one year, and the councilmen for two years; that said election shall be open at 8: A. M. and close at 4: o'clock P. M., same to be held under the superintendence of a justice of the peace and two freeholders in said city, or by three freeholders in said city, under the form, rules, and regulations prescribed by law for the election of members of the General

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Assembly of said State, insofar as they are applicable to such election and do not conflict with the rules herein prescribed. Election of Mayor and councilmen. Section 5. That Section 5 of said Act be, and the same is hereby amended by striking from said Section the words Wednesday in January and substituting in lieu thereof the words day in December, so that said Section as amended shall read as follows: Section 5. Be it further enacted by the authority aforesaid, that the person or persons who shall receive the highest number of votes at said election for mayor and councilmen, respectively, shall be declared duly elected, and it shall be the duty of the superintendents of election to declared the results of said election, and shall issue certificates of election to such persons receiving the highest number of legal votes polled, which officer shall qualify on the first day of December, next after said election, or so soon as is practicable thereafter, by taking an oath before some officer authorized to administer oaths in this State, to well and truly perform the duties of their respective offices as mayor and councilmen, during their continuance therein, which oath, with the list of voters and tally sheet and certificate of election given by said superintendents, shall be entered of record on the minutes of said council and the original filed in the office of the clerk of council. Qualifying for office. Section 6. That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 27, 1941.

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PART IV.RESOLUTIONS.

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TITLE I. MISCELLANEOUS SUBJECTS. RESOLUTIONS. Back Salary to Judge of Columbus City Court. Bulloch County Conservation of Natural Resources Tax. Catoosa County Repayment for Coates Medical Care. Coleman Compensation for Imprisonment. Congress Requested to Authorize Stamp Honoring Thomas E. Watson. De Soto Trail Highway. Fulton County Refund of Bond. Georgia-North Carolina and Georgia-Tennessee Boundary Line. Game Rights to Non-Resident Soldiers. General Assembly Recessed. Gordon County Reimbursement to T. L. Henderson. Herty Foundation Laboratory Experiments. Joe Wheeler Highway. Law Books to Coffee County. Law Books to Dawson County. Law Books to Thomas County. Law Books to White County. Milhollin Memorial Bridge. Miss Michael's Book to Public School Libraries. Ratification of Suspension of Tax on Motor Fuels Used in Training Pilots. Reciprocal Agreement for Automobile Licenses of Draftees. Regular Session Convened. Restitution to Wilkes County by Highway Department. Sureties Field and Bedgood Relieved. Sureties Jones and Dennard Relieved. Sureties Jones, Reynolds and Wilbanks Relieved. Surety Clemons Relieved. Surety M. E. Field Relieved. Surety Macris Relieved. Surety McCook Relieved. Thomas County Repayment Authorized.

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BACK SALARY TO JUDGE OF COLUMBUS CITY COURT. No. 41. A RESOLUTION. A Resolution to authorize the Commissioners of Roads and Revenues of Muscogee County, Georgia to pay back salary of Thomas L. Bowden, as Judge of the City Court of Columbus. Title. Whereas, at the Regular General State Election held in Muscogee County, Georgia in the fall of 1938, the Honorable Thomas L. Bowden was elected to fill the unexpired term of the Honorable G. Y. Tigner, deceased, as Judge of the City Court of Columbus, Georgia; and Preamble. Whereas, there arose some question as to the legality of said election, in so far as the filling of the vacancy of the office of Judge of the City Court of Columbus was concerned, and the legality of the Commissioners of Roads and Revenues of Muscogee County paying to the Honorable Thomas L. Bowden the salary as Judge of the City Court of Columbus from March 19, 1939 through September 25, 1939 inclusive; and Whereas, Honorable Thomas L. Bowden nor any other person has drawn the salary of Judge of the City Court of Columbus for the above stated period, same amounting to Two Thousand Eighty-Four Dollars and Twenty-Six Cents ($2,084.26); and Whereas, the Honorable Thomas L. Bowden did perform the duties of the Judge of the City Court of Columbus during the period aforesaid and has not until this date been compensated for said services; and

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Whereas, it is proper and right for the Commissioners of Roads and Revenues of Muscogee County, Georgia to pay the Honorable Thomas L. Bowden the sum of Two Thousand Eighty-Four Dollars and Twenty-Six Cents ($2,084.26) for his services as Judge of the City Court of Columbus from March 19, 1939 through September 25, 1939 inclusive: Therefore, be it resolved by the House of Representatives of Georgia and the Senate concurring that the County Commissioners of Muscogee County, Georgia are hereby authorized and directed to pay to the Honorable Thomas L. Bowden the sum of Two Thousand Eighty-Four Dollars and Twenty-Six Cents ($2,084.26) as compensation for holding the office and performing the duties of Judge of the City Court of Columbus from March 19, 1939 through September 25, 1939 inclusive. Payment. Approved March 27, 1941. BULLOCH COUNTY CONSERVATION OF NATURAL RESOURCES TAX. No. 428. A RESOLUTION. A Resolution whereas, by an Act of the General Assembly of Georgia (Ga. Laws 1937, pp. 264-268) there was created and established a Department of Natural Resources and which Act provided for means and measures for fire protection for forest lands, and for the conservation of the natural resources of such lands in the several counties of this State; and Whereas, by the provisions of an Act of the General Assembly of Georgia (Ga. Laws 1939, pp. 201-204) various counties of said State were authorized and empowered

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to levy additional tax for the purpose of conservation of natural resources and for fire protection of forest lands in said counties; and Preamble. Whereas, the County of Bulloch of said State, in which a number of certain militia districts of said County desire the benefits and advantages of the fire protection as granted under the provisions of the aforesaid Act; now Therefore, be it resolved, and it is hereby resolved by the General Assembly of Georgia, that said County of Bulloch be, and it is hereby authorized to levy an additional tax as provided for in said Act of 1939 for forest fire protection, benefits and advantages, as contemplated in said Act; said tax to be levied only on the property in the aforesaid certain districts of said County adopting the provisions of this Act; said levy for the creation of a fund for fire protection purposes in said districts and the same for the purpose of cooperating with the Georgia Division of Forestry in the forest fire control work carried on by said Department. Additional tax. Therefore, be it further resolved that the benefits of this Resolution be in force and effect and binding on said County, and the property owners in said districts, upon the condition that a majority of the qualified voters in any of the militia districts in the said County of Bulloch sign a petition directly to the Board of Commissioners of said County expressing their desire to avail themselves of the fire protection benefits provided for in this Act. Petition. All laws and parts of laws in conflict with this Act be and the same is hereby repealed. Repealing clause. Approved March 27, 1941.

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CATOOSA COUNTY REPAYMENT FOR COATES MEDICAL CARE. No. 51. A RESOLUTION. Whereas, Corporal Fred Black of the State Highway Patrol was murdered by one Charles Coates in Catoosa County, Georgia; and Preamble. Whereas, Coates was tracked down and apprehended; and Whereas, it became necessary for Catoosa County to spend large sums in hospitalizing and treating the said Coates so that his physical condition might be improved to such an extent that he could be placed upon trial; and Whereas, the hospital treatment and medical attention given Coates resulted in his physical betterment to the end that he was placed on trial and convicted of murder; and Whereas, Catoosa County suffered large expenses by virtue thereof: Therefore Be It Resolved By The House of Representatives, The Senate concurring, that the Department of Public Safety be and is hereby directed to pay over to the County of Catoosa such sum as the Governor shall approve as being wise and equitable not to exceed $500.00; the Governor shall not deem this Resolution mandatory but permissive and such sum as approved to be paid shall be paid from funds of the Public Safety Department if available or from the Governors Contingency fund. Payment directed. Be It Resolved Further that said sum not exceeding $500.00 is hereby allocated from the funds of the Department of Public Safety for the purpose herein stated. Funds. Approved March 27, 1941.

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COLEMAN COMPENSATION FOR IMPRISONMENT. No. 50. A RESOLUTION. Whereas, Robert Coleman, a white resident of the State of Georgia and County of Clayton, was convicted on circumstantial evidence on a charge of having murdered his wife on March 14th, 1929, in the County of Clayton and State of Georgia. Said trial being at the May term of the Superior Court in Clayton County and the sentence being a life term on the chain-gang. Preamble. Said Robert Coleman was placed at hard labor on the State chain-gang in the County of Fulton where he served without complaint and without demerit from the officials in charge of said chain-gang. On or about April 12th, 1933, one James Stark (colored) made a sworn statement and voluntarily confessed that he and he alone was the murdered of Mrs. Robert Coleman and gave satisfactory evidence and details relative to the commission of the crime as to completely exonerate Robert Coleman of having been the murderer of his wife. In his confession James Stark stated that he entered the home of Robert Coleman shortly after Mr. Coleman left home to go to his work in the City of Atlanta and found in the house Mrs. Coleman and her baby, who at that time was about one year old. He stated that he made improper advances toward Mrs. Coleman which she resented and she having raised an outcry he picked up an iron poker from the fireplace and struck her over the head and crushed in her skull causing almost instant death. The baby was not harmed. The home was located in the rural section of the county, the nearest neighbor being approximately one half

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mile away and the day of the murder was a rainy day and no one visited at the home other than the murderer, James Stark, from the time that Mr. Coleman left home early in the morning to go to his work and the time that he returned late in the evening and found his wife murdered. The circumstance that Mr. Coleman was, at that time, the last known person to see his wife alive and the one who notified neighbors late in the evening of the murder, formed the basis of his conviction. After the confession, James Stark, entered a plea of guilty to the murder of Mrs. Coleman in Clayton County and was sentenced to life imprisonment and is now serving the sentence. Details of the confession by James Stark were placed before the Governor of the State of Georgia and Robert Coleman was on April 14th, 1933, given a pardon. Said Robert Coleman has at all times lived an exemplary life and prior to the tragedy amply provided for his wife and baby and was at that time regularly employed at a salary of $75.00 per month. Wherefore: said Robert Coleman having suffered grief and horror over the tragic death of his wife and at the same time suffering humiliation and embarrassment and loss of job by being immediately placed in jail and being charged with and later convicted on circumstantial evidence of a crime which he was not guilty of and having served four years and one month imprisonment and being without any legal resource to recover by law on account of this miscarriage of justice. Therefore, Be It Resolved: That this General Assembly of the State of Georgia, does hereby appropriate the sum of $2,500.00 (Two Thousand Five Hundred Dollars) to be paid to Robert Coleman. The same to be paid from the general funds of the State or from whatever funds may be available. Payment. Approved March 27, 1941.

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CONGRESS REQUESTED TO AUTHORIZE STAMP HONORING THOMAS E. WATSON. No. 42. A RESOLUTION. To memorialize the National Congress to authorize and direct the Postmaster General of the United States to have printed and issued a stamp bearing the likeness of Thomas E. Watson; and for other purposes. Whereas the late Honorable Thomas E. Watson, teacher, lawyer, poet, statesman, author and publisher was one of the most illustrious sons of Georgia; and Preamble. Whereas he was the author of the first resolution ever passed providing for the free delivery of rural mail; and Whereas through his earnest, sincere and vigorous championship of the rights of the poor and oppressed he endeared himself to generations of Georgians and his name is still proclaimed in this State as the outstanding statesman of his time and generation; and Whereas as author of The Story of France, Napoleon: A sketch of his Life and various other works and biographies he firmly established himself as preeminent in the field of history and letters. Now therefore be it resolved by the House of Representatives, the Senate concurring, that the National Congress be and is hereby petitioned to enact appropriate bills or resolutions authorizing and directing the Postmaster General of the United States, to design, have printed and issued a stamp bearing the likeness of Thomas E. Watson, the matchless orator and The Sage of McDuffie. Stamp bearing likeness. Approved March 27, 1941.

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DE SOTO TRAIL HIGHWAY. No. 48. A RESOLUTION. Whereas, The De Soto Expedition through Georgia, is of too much historical significance and forms a chapter in the story of Spain in America, and in the story of all America, too important and too romantic for it to be allowed to pass without due and wide spread recognition. Preamble. Whereas, There is no better way to perpetuate and commemorate this event, than to designate the nearest highway to the best known route of De Soto's Army through Georgia, as The De Soto Trail. Therefore Be It Resolved, That the Highway beginning at south east corner of Decatur County, thence to Attapulgus, thence to Bainbridge, thence to Colquitt, thence to Arlington, thence to Leary, thence to Albany, thence to Leesburg, thence to Leslie, thence to De Soto, thence to Cordele, thence to Abbeville, thence to Hawkinsville, thence to Dublin, thence to Wrightsville, thence to Midville, thence to Waynesboro, and on to Augusta, Georgia, be known and designated by the Highway Department as The De Soto Trail. De Soto Trail Highway. Approved March 27, 1941. FULTON COUNTY REFUND OF BOND. No. 46. A RESOLUTION Whereas, during the year of 1937, one Ed Smith, a white man was charged with three misdemeanors by accusations in the Criminal Court of Fulton County and Mobley and Lunsford, a bonding firm composed of R. F. Mobley

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and Joel Lunsford, signed three bonds as security to insure the appearance of said defendant to answer said accusations and Preamble. Whereas, on the date set for the trail of said defendant in said Court, said defendant did not appear but disappeared, absconded and ran away and said bonds were forfeited on account of the fact that the body of said Ed Smith could not be produced in Court by said bondsmen as bound by the terms of said bonds, and Whereas, said bondsmen, after diligent search, could not locate said Ed Smith, notwithstanding an expense of several hundred dollars, expended by said bondsmen in trailing said defendant through several States, were subjected to a judgment on each of said bonds, in accordance with the terms of said bonds and said judgment was paid by said bondsmen, in the total sum of $926.50 as evidenced by the cancelled check hereto attached as Exhibit A and made a part of this resolution, and Whereas, after the payment of said forfeiture judgment by said bondsmen, said bondsmen did finally, apprehend said defendant Ed Smith and turned him over to the Sheriff of Fulton County, and said defendant was carried before the said Criminal Court of Fulton County and convicted on each and all of said accusation and we duly sentenced and served the same in the penal service of this State, Certified copy of the commitment in said case is hereto attached as Exhibit B of this resolution and the same shows that defendant was surrendered by R. F. Mobley, one of said bondsmen, and Whereas, the bondsmen have produced the body of said Ed Smith, at their own expense and said defendant and having satisfied the penalties and fines imposed upon him by the court. Therefore, be it resolved by the House of Representatives, the Senate concurring, that the said Ed Smith, principal

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and R. F. Mobley and Joel Lunsford, bondsmen be released from all liability on account of said bond and its forfeiture and the County Commissioners of Fulton County, Georgia, are hereby authorized and directed to refund to the said bondsmen, R. F. Mobley and Joel Lunsford, bondsmen aforesaid the $926.50 paid to them on the 3rd day of August, 1937, and the Clerk of Superior Court of Fulton County is authorized and directed to cancel said execution on the records of said county reciting this resolution as its authority so to do. Refund of payment. EXHIBIT A FIRST NATIONAL BANK 64-1 Main Office Atlanta, Ga. 8-3, 1937. No. 173. Exhibits. Pay to the Order of James I. Lowry $926.50 Nine Hundred and Twenty Six and 50/100.....Dollas To pay off Ed Smith Bonds No. 145179-14478 No. 145047 R. F. Mobley (signed) EXHIBIT B JAIL COMMITMENT Name Ed Smith (3 cases) Address Bristall, Tenn. Charge Bond 1000-600-600 Committed to Criminal Court Fulton County Surr. By Bondsman Information: I. D. F. White, Deputy Clerk of Criminal Court to certify that the within and foregoing is a true and correct copy of the original in said case as appears on original on file and of record in my office. Witness my hand Feb. 13, 1941 (Signed) H. F. White Deputy Clerk

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Committed by Officers R. F. Mobley (Mabley) Race W Age 34 Sex M F. P. No. 17934-18337-18531 Date 6-16-39 A. B. Foster Deputy Sheriff Approved March 27, 1941. GEORGIANORTH CAROLINA AND GEORGIATENNESSEE BOUNDARY LINE. No. 18. A RESOLUTION. Whereas, the true boundary line between the State of Georgia and the State of Tennessee is in doubt; and Preamble. Whereas, over a long period of years, from time to time, the General Assemblies of both States have undertaken to authorize the appointment of committees to meet and establish the true line; and Whereas, by an Act of the General Assembly of Georgia approved October 15, 1887, the General Assembly directed the Governor of Georgia to communicate with the Governor of Tennessee for the purpose of having a joint survey and settlement of the disputed boundary question and authorized the appointment of a committee to meet with an assembly committee representing the State of Tennessee whose duty it would be to survey, establish and proclaim the true line; and Whereas, by an Act approved April 8, 1889, the General Assembly of the State of Tennessee enacted a similar authorization; and Whereas, notwithstanding these said authorizations the line was never fixed and still remains in doubt; and Whereas, Section 15-103 of the Georgia Code of 1933

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establishes the line between Georgia and Tennessee as follows: Old boundary defined. The boundary between Georgia and North Carolina and Georgia and Tennessee shall be the line described as the 35th. parallel of north latitude, from the point of its intersection by the River Chattooga, west to the place called Nickajack. and Whereas, Section 89 of Chapter 1 of Title 1 of Part 1 of the Code of Tennessee of 1938 establishes the boundary between Tennessee and Georgia as follows: The boundary line between this state and State of Georgia begins at a point in the true parallel of the thirty-fifty degree of north latitude, as found by James Carmack, mathematician on the part of the State of Georgia, and James S. Gaines, mathematician on the part of the State of Tennessee, on a rock about two feet high, four inches thick, and fifteen inches broad, engraved on the north side thus: `June 1st, 1818, Var. 6 3/4 East,' and on the south side thus: `Geo. 35 North, J. Carmack,' which rock stands one mile and twenty-eight poles from the south bank of the Tennessee river, due south from near the center of the old Indian town of Nick-a-Jack, and near the top of the Nick-a-Jack mountain, at the supposed corner of the States of Georgia and Alabama; thence running due east, leaving old D. Ross two miles and eighteen yards in the state of Tennessee, and leaving the house of John Ross about two hundred yards in the state of Georgia, and the house of David McNair one mile and one-fourth of a mile in the State of Tennessee, with blazed and mile-marked trees, lessening the variation of the compass by degrees, closing it at the termination of the line on the top of the Unicoi Mountain at five and one-half degrees. Whereas, it is to the public interest and welfare that an

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accurate and exact line between the said States be established and proclaimed: Therefore, Be It Resolved By The Senate, The House of Representatives concurring, that the Governor of Georgia is hereby directed to communicate with the Governor of Tennessee for the purpose of having a joint survey and settlement of the disputed boundary question; Survey provided. Be It Further Resolved that a standing committee of eight, three from the Senate and five from the House, is hereby created to meet with a similar committee of the General Assembly of the State of Tennessee to establish, survey and proclaim the true boundary line between Georgia and Tennessee, and to take such further or other action or pursue such remedy or remedies as the joint committee of the Georgia General Assembly by majority vote deems proper to establish the definite and true boundary lines between Georgia and Tennessee. Said three members of committee, who are senators, shall be designated and appointed by the President of the Senate. Said five members from the House of Representatives shall be designated and appointed by the Speaker of the said House. Committee to be designated. Be It Further Resolved that the expenses of the said standing committee shall be paid for legislative appropriations or from any funds available to the Governor. Expenses paid. Approved March 6, 1941. GAME RIGHTS TO NON-RESIDENT SOLDIERS. No. 40. A RESOLUTION. Extending fishing and hunting rights to non-resident soldiers encamped in the State of Georgia. Whereas, in accordance with the plans for preparedness

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in the National Defense Program, there is, for the time being and for an indefinite period, a considerable number of non-resident Army officers, troops and soldiers of the Military Department of our United States Government stationed and confined for training duties in various camps and cantonments throughout the State of Georgia; and Preamble. Whereas, many of our own Georgia boys, men and officers have likewise been transferred for service and training in the other states; and Whereas, our State laws pertaining to the rules and regulations of fishing and hunting fixes a discriminatory license fee for residents of Georgia and non-residents of Georgia: Now, Therefore, Be It Resolved by the House of Representatives, the Senate concurring, that in order to confer upon these non-residents the same recreating, fishing and hunting privileges as enjoyed by our resident home officers, soldiers and troops, the status of such non-resident officers, soldiers and troops, while so engaged in the training service in this State, be that of a resident of this State to the extent and purpose that the fishing and hunting license fees be the same for them as is fixed by law for residents of this State; and that the Department of Fish and Game of this State be governed accordingly in issuing fishing and hunting licenses within the fishing and hunting seasons as prescribed by law, for the ensuing two years. Hunting and fishing licenses. Approved March 27, 1941. GENERAL ASSEMBLY RECESSED. No. 2. A RESOLUTION Be it resolved by the House, the Senate concurring, that the General Assembly of Georgia recess at the time of adjournment on Thursday, January 16, 1941, until Wednesday, January 22, 1941, at 10 o'clock A. M. Recess. Approved January 16, 1941.

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GORDON COUNTY REIMBURSEMENT TO T. L. HENDERSON. No. 5. A RESOLUTION. Whereas, on the 29th day of October, 1935, T. L. Henderson was duly elected and qualified Tax Commissioner in and for Gordon County, Georgia, and on said date was actually engaged in the transaction of the duties of said office. Preamble. Whereas, the said T. L. Henderson on said date deposited the cash receipts for taxes collected on this date and previous dates in a money drawer provided by the County Officials in the office occupied by him in the court-house of Gordon County, Georgia. The said office so occupied by him not being equipped with a safe for the safe-keeping of the fnuds collected by him. That at twelve o'clock, noon, the said T. L. Henderson locked said money drawer and the door to his said office and went to his home for lunch, and while he was away from said office, some person or persons, unknown, entered said office of the said T. L. Henderson and removed from said money drawer the sum of Two Hundred Thirty-Three ($233.94) and 94/100 dollars, said robbery being made manifest by scattering papers over the floor and otherwise disrupting the office. Said thief or thieves were never apprehended. Whereas, the said T. L. Henderson paid the funds so stolen from his office from his personal funds into the Treasury of Gordon County, Georgia, and the same has been held and used by the County of Gordon since said time. Now, therefore, be it resolved by the General Assembly of Georgia, the House of Representatives and Senate concurring, that the said T. L. Henderson be reimbursed in the sum of Two Hundred Thirty-Three ($233.94) and

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94/100 Dollars by the County of Gordon, and that Commissioner of Roads and Revenues of Gordon County, Georgia be, and he is hereby, authorized to pay said sum to the said T. L. Henderson from the present tax funds of Gordon County, Georgia, or any other funds in his hands not otherwise appropriated for special purposes. Reimbursement. Approved February 18, 1941. HERTY FOUNDATION LABORATORY EXPERIMENTS. No. 43. A RESOLUTION. Whereas, Herty Foundation Laboratory has been asked by firms having national defense contracts to make experiments and investigation on the use of Georgia and Southern Natural Resources and Agricultural Products. Preamble. Resolved that the House of Representatives and Senate of Georgia hereby approve the laboratory doing such experimental work on such products and giving the information only to those who pay for it. Experimental work authorized. Provided, the entire expense of such experiments shall be paid by the beneficiaries, and that no public funds shall be used. Expenses. Approved March 27, 1941.

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JOE WHEELER HIGHWAY. No. 49. A RESOLUTION. Whereas, General Joe Wheeler, a native of Georgia, did by his military attainments in fighting with distinction and honor in the Confederate Army in the War Between the States, and in the United States Army in the Spanish-American War contribute to the glory of the military history of the State of Georgia and by reason of the heroism, loyalty and patriotism with which he thus fought under two flags, his fame and achievements have ever been the objects of such reverence and respect of a grateful State as entitle his name to be commemorated in a suitable and enduring fashion: Preamble. Be It Resolved by the General Assembly of Georgia, that the route along which the said General Joe Wheeler traveled from his home in Augusta, Georgia, near State Route Number 104 from Augusta to Phinizy, Georgia, thence Route Number 47 to Washington, Georgia, thence Route Number 10 to Athens, Georgia, thence Route Number 8 to Atlanta, Georgia, thence Route Number 6 to Rockmart, Georgia, thence Route Number 101 to Rome, Georgia, thence Route Noumber 1 to Chattanooga, Tennessee, is hereby designated and named The Joe Wheeler Highway, and the State Highway Officials and other State agencies are directed that all maps and publications hereafter issued shall refer to said highway as The Joe Wheeler Highway. Highway described and named. Approved March 27, 1941.

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LAW BOOKS TO COFFEE COUNTY. No. 38. A RESOLUTION. Whereas, most of the law books belonging to Coffee County, Georgia, were burned and destroyed when the courthouse of said county was destroyed by fire in 1939; and Preamble. Whereas, such books that were so destroyed are necessary for the County of Coffee to efficiently transact its business and that of the State: Now Therefore, Be It Resolved By The General Assembly of Georgia: That the State Librarian be and is hereby authorized and directed to furnish each to the Ordinary of Coffee County, Georgia, and to the Clerk of the Superior Court of Coffee County, Georgia, without cost to said county except for payment of packing and transportation charges, the following volumes, to-wit: Books specified. Georgia Supreme Court Reports, volumes 1 to 47 inclusive; Volumes 50 to 62 inclusive; Volumes 64 to 76 inclusive; Volumes 78 to 87 inclusive; Volumes 89 to 97 inclusive; Volumes 99, 100, 105, 106, 107, 108, 109, 113, 114, 118, 120, 121, 125, 127, 128, 131, 133, 134, 135, 136, 138, 147, 149, 150, 152, 153, 154, 155, 156, 157, 158, 159, 160, 162, 163, 165, 166, 167, 168, 169, 171, 172, 178, and 185. And Georgia Court of Appeals Reports, Volumes 1, 2, 4, 5, 7, 10, 12, 15, 18, 22, 23, 24, 25, 26, 28, 30, 31, 32, 33, 34, 35, 37, 38, 39, 40, 43, 44, 46, 47, 48, 50, 52, and 57.

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The Clerk of the Superior Court of Coffee County, and the Ordinary of Coffee County, are hereby made the custodians of all volumes above listed, for the use of the officers of the Superior Court of Coffee County, and of the Court of Ordinary of said County. Custody. Approved March 27, 1941. LAW BOOKS TO DAWSON COUNTY. No. 21. A RESOLUTION. Authorizing the State Library to furnish to the Clerk of the Superior Court of Dawson County, without cost to said county, certain enumerated volumes of the Georgia Supreme Court, Be it resolved by the General Assembly of the State of Georgia in regular session assembled, and it is hereby resolved, that the State Librarian be and is authorized and directed to furnish to the Clerk of the Superior Court of Dawson County, Georgia, without cost to said county, the following numbered volumes of the Reports of the Supreme Court of Georgia, to-wit: Books specified. Volumes 1, 4, 5, 6, 12, 17, 19, 20, 21, 30, 39, 52, 58, 60, 61, 62, 64, 65, 68, 75, 76, 124, 127, 130, 144, 156, and 176 of the Supreme Court Reports of Georgia. Approved March 24, 1941.

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LAW BOOKS TO THOMAS COUNTY. No. 22. A RESOLUTION. Whereas the office of the Ordinary of Thomas County, Georgia, does not have a complete set of the Georgia Supreme Court Reports; and whereas, the office of the Clerk of the Superior Court of said county of Thomas does not have a complete set of the Georgia Supreme Court Reports, nor a complete set of the Georgia Court of Appeals Reports, due to natural wear and inadvertent loss, caused beyond the control of the present and prior officers; the missing volumes in the office of the Ordinary of said county being as follows: Preamble. Georgia Supreme Court Reports: Volumes Numbers 1 (containing T. U. P. Charlton, R. M. Charlton, Dudley and Georgia Decisions), 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 24, 26, 27, 28, 29, 32, 34, 35, 36, 37, 38, 39, 40, 41, 42, 44, 45, 46, 48, 58, 59, 60, 62, 67, 75, 79, 80, 93, 96, 107, 111, 177. Books specified. The missing volumes in the office of the Clerk of the Superior Court of said county being as follows: Georgia Supreme Court Reports: Volumes Number 1 (containing T. U. P. Charlton, R. M. Charlton, Dudley and Georgia Decisions), 2, 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, 30, 33, 34, 35, 36, 37, 38, 39, 40, 41, 43, 44, 46, 49, 50, 52, 53, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 69, 70, 74, 75, 76, 77, 78, 81, 84, 85, 86, 90, 92, 93, 95, 96, 98, 111, 115, 123, 143, 156, 157, 168, 169, 180, 181, 182, and volumes Numbers 5, 7, 8, 9, 15, 16, 21, 23, 24, 25, 26, 28, 30, 31, 32, 39, 40, 41, 45, 48, 52, 53 of the Georgia Court of Appeals: Therefore, Be It Resolved, by the General Assembly of the State of Georgia, that the Georgia State Librarian be

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and she is hereby authorized and directed to furnish to the Ordinary of Thomas County, Georgia, without cost, the said volumes of the Georgia Supreme Court Reporter and to the Clerk of the Superior Court of Thomas County, Georgia, without cost, the said volumes of the Supreme Court Reports and the said volumes of the Georgia Court of Appeals Reports, for the use of the respective offices, and to take official receipts from said officers for the same, upon delivery. Librarian to furnish. Approved March 24, 1941. LAW BOOKS TO WHITE COUNTY. No. 44. A RESOLUTION. Whereas, because of the fact that it has been many years since some of the volumes of the Supreme Court Reports of Georgia have been furnished the Clerk of the Superior Court of said county for the use of the judges of the Northeastern Circuit, and due to the natural wear and tear and loss or destruction from other causes: Preamble. Be It Therefore Resolved by the General Assembly of Georgia, and it is hereby resolved by the authority of the same, that the State Librarian furnish to the Clerk of the Superior Court of White County, Georgia, and it is hereby authorized and directed to so furnish, the volumes of the Supreme Court Reports of Georgia as follows: 4, 8, 9, 14, 16, 29, 32, 37, 44, 52, 54, 55, 66, 68, 71, 76, 78, 82, 83, 84, 89, 98, 100, 109, 113, 117, 122, 126, 138, 147, 159, 163, 172, 174, 177, 184, 185 and 186. Books specified. Approved March 27, 1941.

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MILHOLLIN MEMORIAL BRIDGE. No. 12. A RESOLUTION. Be it resolved by the House of Representatives, the Senate concurring; that Whereas Senator J. H. Milhollin served with distinction in the Senate of Georgia during the Term of 1935-1936 which was also during the former term of Governor Eugene Talmadge; and Preamble. Whereas during the said Term of Governor Eugene Talmadge, there was constructed over the Ocmulgee River between the counties of Coffee and Telfair a magnificient bridge; and Whereas Senator J. H. Milhollin was very active in urging the construction of said bridge and very interested in its construction. Be it resolved by the House of Representatives of Georgia, the Senate concurring herein, that the bridge which spans the Ocmulgee River between the Counties of Coffee and Telfair be and the same is hereby designated and is to be hereafter known as the Milhollin Memorial Bridge, in honor of the untiring efforts of Senator Milhollin, and the Highway Department of Georgia is authorized and directed to provide a bronze plaque to be placed on both ends of said bridge with the following inscription: Bridge named. This bridge constructed during the 1935-1936 term of GOVERNOR EUGENE TALMADGE and is designated as the MILHOLLIN MEMORIAL BRIDGE. Approved February 26, 1941.

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MISS MICHAEL'S BOOK TO PUBLIC SCHOOL LIBRARIES. No. 47. A RESOLUTION. Whereas, the Free Book Commission of the Department of Education of the State of Georgia is charged with the responsibility of selecting certain appropriate books for the public school libraries of the State; and Preamble. Whereas, a former teacher in the State's educational institutions, Miss Moina Michael, has written a book entitled THE MIRACLE FLOWER, which deals not only with the history and development of her now internationally famous idea of a Flanders Field Memorial Poppy as a service to World War veterans, but also with her philosophy of life as it evolved out of her experiences with students extending over a period of more than half a century; and Whereas, Miss Michael's book is so written as to inspire in youth a greater love for Georgia and a more passionate devotion to the ideals of the English-speaking peoples: Now Therefore Be It Resolved that the General Assembly of Georgia recommends that the Free-Book Commission give careful consideration to the advisability of placing a copy of Miss Michael's book in each public school library of the State. Consideration. Approved March 27, 1941.

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RATIFICATION OF SUSPENSION OF TAX ON MOTOR FUELS USED IN TRAINING PILOTS. No. 54. A RESOLUTION. Confirming suspension of tax on motor fuels used in the training of air pilots. Whereas, the State of Georgia desires to lend every possible aid in the program of National Defense in order that the Government of the United States, its ideals and traditions may be preserved; and Preamble. Whereas, the State of Georgia because of its favorable climate and terrain offers an ideal place for the training of air pilots for the defense of our county; and Whereas, the Governor of this State did on June 6, 1940, by Executive Order, under and by virtue of Section 40-205 of the Georgia Code of 1933 suspend the collection of the tax levied by the State on gasoline, motor fuel and lubricants used in planes owned by the United States Government in which cadets in the service of the United States are trained irrespective of whether said motor fuels be purchased by a governmental agency or private agency: Therefore, Be It Resolved By The House of Representatives, the Senate concurring, that the suspension of the collection of the said taxes herein described be and the same is hereby ratified and confirmed. Suspension confirmed. Approved March 27, 1941.

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RECIPROCAL AGREEMENT FOR AUTOMOBILE LICENSES OF DRAFTEES. No. 45. A RESOLUTION. Whereas the defense program of the United States Government, now effective, requires that many draftees and others serving in the United States Army be transferred from one State to another, and realizing that every courtesy possible should be extended those who are called upon to serve our country; Preamble. Therefore, Be it resolved by the House and Senate concurring that the Commissioner of the Motor Vehicle Unit of the State of Georgia be authorized to consummate reciprocal agreement with Motor Vehicle Divisions of other States in which automobiles owned and operated by draftees and those serving in the United States Army may be recognized in Georgia for the period indicated in Certificates of Registration issued by Motor Vehicle Divisions of other States. Reciprocal agreement. This resolution applies only to passenger cars owned and operated by draftees and those serving in the United States Army. Application. Approved March 27, 1941. REGULAR SESSION CONVENED. No. 1. A RESOLUTION. Be it resolved by the House, the Senate concurring, that the General Assembly of Georgia convene in regular session at 10:00 o'clock A. M., Thursday, January 23, 1941. Session convened. Approved January 16, 1941.

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RESTITUTION TO WILKES COUNTY BY HIGHWAY DEPARTMENT. No. 32. A RESOLUTION. Whereas, the State Highway Department of Georgia did in May, 1919, write into and place upon the State-aid Highway System of Georgia a certain road extending from Washington toward Greensboro, approximately eleven miles to the county line; and Preamble. Whereas, there was published in the official organ of Wilkes County, the Washington News-Reporter of the issue of May 15, 1919, a map furnished by the State Highway Department, which said official map of the State Highway Department showed the designated State-aid roads in Wilkes County and included the said Washington-Greensboro road; and Whereas, a special bond election was held in Wilkes County on June 11, 1919, for the purpose of providing funds to be used as the State's part of funds required to match Federal aid, it being contemplated that the State Highway Department would reimburse Wilkes County for this advance and use of its bond money for the purpose aforesaid; and Whereas, the said special bond election resulted overwhelmingly favorable to the issuance of bonds; and Whereas, the State Highway Department drafted and provided blue prints and plans for the Washington-Greensboro highway, which said construction project was numbered and named Project No. G-43 by the State Highway Department; and Whereas, the said project was performed and completed

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under the direct supervision of State Highway Resident Engineer Hon. H. M. Sweat and State Highway Divisional Engineer Hon. P. F. Whittier; and Whereas, each monthly estimate on the contract was prepared by the State Highway Department of Georgia and was paid by Wilkes County in accordance therewith, copies of which said estimates are now on file with the County Commissioner of Roads and Revenues of Wilkes County, Georgia; and Whereas, for the construction of the said Washington-Greensboro highway project No. G-43 under the supervision of the State Highway Department of Georgia there was paid from the road bond fund as aforesaid of said Wilkes County the sum of $20,100.03; and Whereas, notwithstanding the fact that the peoples of Wilkes County, Georgia, did vote bonds and use the funds derived therefrom for the construction of the said road based upon the representations so made by the State Highway Department and notwithstanding the fact that the bond funds of Wilkes County were used as the State's part to match Federal aid funds so that project No. G-43 could be constructed under the superivision of the State Highway Department; and Whereas, the State Highway Department did temporarily delete the said road from the State-Aid Highway System to reduce mileage; and Whereas, the said highway not being on the System at the time the Highway Certificate Act of 1933 was enacted, Wilkes County was precluded from receiving a refund of the $20,100.03 which it had advanced from its bond funds to complete the said State Highway project No. G-43 under the supervision of the State Highway Department; and

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Whereas, the said Highway was in 1939 completely restored to and added back to the State Highway System of State-aid roads; and Whereas, the State Highway Department and the people of said State are receiving the full benefit of the use of said road and the State Highway Department by virtue of the aforesaid is morally bound to restitute the $20,100.03 aforesaid to Wilkes County. Therefore Be It Resolved By The State Senate, the House of Representatives concurring, that the State Highway Department of Georgia be and the same is hereby authorized and directed to make to the Commissioners of Roads and Revenues of Wilkes County such restitution as may be authorized under the laws of this State and under the policies of the Highway Board. Restitution. Be It Further Resolved that the State Highway Department be and the same is hereby authorized and directed to give to Wilkes County, Georgia, county highway contracts and road work of such kind as may be in keeping with the policy of the State Highway Department to the end that the County of Wilkes may be able to obtain reimbursement for the aforesaid funds which were used as aforesaid. Road work. Approved March 27, 1941. SURETIES FIELD AND BEDGOOD RELIEVED. No. 15. A RESOLUTION. Whereas, at the November Term, 1938, of the Superior Court of Bibb County, the Grand Jury of said County returned a special presentment or indictment against J. J. Bedgood for the crime of embezzlement, and Preamble.

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Whereas, M. E. Field and H. M. Bedgood entered into a criminal bond or recognizance with the said J. J. Bedgood for his appearance at a subsequent term of said Court, and as more particularly specified in said bond, and, Whereas, through ignorance and a misunderstanding said J. J. Bedgood failed to be and appear at the time required by said recognizance, and Whereas, at subsequent terms of said Court said bond was duly forfeited and rule absolute entered against said Sureties, M. E. Field and H. M. Bedgood, in the sum of Three Hundred Fifty Dollars ($350.00), the amount of said bond and costs, and Whereas, on August 13, 1939, the Sureties, at their own expense, surrendered said J. J. Bedgood to the Sheriff of Bibb County and the said defendant was placed in Bibb County Jail and remained in said jail until October 12, 1939, and Whereas, on October 12, 1939, the said J. J. Bedgood entered his plea of guilty to said bill of indictment or special presentment and the Court sentenced the said defendant to twelve months on the public works but allowed him to serve the said sentence on probation provided the said defendant would pay the amount alleged to have been embezzled in the indictment or special presentment and the costs of Court on said indictment or special presentment and, Whereas, said defendant has served his sentence and complied with the conditions required, and Whereas, all requirements of law having been complied with relating to the prosecution of said defendant, Be It Resolved by the House of Representatives of Georgia, the Senate concurring, that inasmuch as the purpose for which said bond was given has been fully accomplished,

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that the said M. E. Field and H. M. Bedgood, Sureties as aforesaid, be and they are hereby relieved from any and all liability on said bond and from payment of the judgment and execution issued thereon. The Clerk of the Superior Court of Bibb County is hereby authorized and directed to mark the execution and judgment Satisfied of Record on his records provided, however, that the Sureties shall pay all costs of Court incurred in the forfeiture of said bond. Relief and cancellation. Approved March 6, 1941. SURETIES JONES AND DENNARD RELIEVED. No. 17. A RESOLUTION. Whereas, Joe Jones and Joe L. Dennard did become surety for the appearance of Jerry Peavy in the Superior Court of Ben Hill County, Georgia, who was then and there charged with desertion, which bond was in the sum of Five Hundred Dollars, and Preamble. Whereas, said bond was duly forfeited for the non-appearance of said defendant and a rule absolute was entered against said Joe Jones and J. L. Dennard, sureties aforesaid, and judgment was entered accordingly on the 19th day of January, 1939, in the Superior Court of Ben Hill County, in favor of the Honorable E. D. Rivers, Governor of Georgia, and his successors in office, and that execution has issued thereon, and it appearing that said sureties did produce said defendant in court prior to the forfeiture of said bond but said defendant was advised to appear before the Judge at a later date, and it further appearing that said principal in said bond thereafter went back to his said wife and children and remains with them and supports them, and it further appearing that the costs of such

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prosecution was paid into the court and the court and the indictment nol prossed and dismissed against the defendant on the 29th day of August, 1939. Be it resolved by the House of Representatives and the Senate concurring that inasmuch as the purpose for which said bond was given is fully accomplished, that Joe Jones and J. L. Dennard be and they are hereby relieved from any and all liability on said bond and the judgment aforesaid, and the Clerk of any Superior Court where such execution is of record is directed to cancel the same of record. Relief and cancellation. Approved March 6, 1941. SURETIES JONES, REYNOLDS AND WILBANKS RELIEVED. No. 39. A RESOLUTION. Whereas W. A. Jones, A. P. Reynolds, and C. H. Wilbanks of Bartow County, Georgia, on the 14th day of July, 1940, became surety for one D. F. Wilbanks, said Bond being in the sum of $300.00, and being for the appearance of the said D. F. Wilbanks at the September Term, 1940 of the City Court of Cartersville, Bartow County, Georgia, said D. F. Wilbanks being charged with the offense of a misdemeanor; and Preamble. Whereas, at the said September Term, 1940 of said City Court of Cartersville, said Bond was forfeited, and scire facias issued, returnable to the December Term 1940 of said Court, and the said D. F. Wilbanks not then appearing, a final forfeiture was taken in said case, and judgment entered against D. F. Wilbanks, as Principal, and against W. A. Jones, A. P. Reynolds, and C. H. Wilbanks,

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as Sureties, said judgment being in said sum of three hundred dollars ($300.00), and execution issued thereon in said sum; and Whereas, at the time of the first forfeiture of said Bond, at the September Term, 1940 of said Court, the said D. F. Wilbanks was in jail in Rome, Georgia; and Whereas, the said D. F. Wilbanks has now appeared before the Judge of said Court, plead guilty to said charge, and is now serving the sentence imposed by said Judge in said Court for said charge: Therefore, be it resolved by the House of Representatives, the Senate concurring, that the County authorities of Bartow County, Georgia, be and they are hereby instructed to cancel said judgment and execution of record, and the Clerk of said Court, as well as the clerk of the Superior Court of said County, is directed to cancel said judgment and execution on the dockets of his Court, and upon the records of said offices, and the said W. A. Jones, A. P. Reynolds, and C. H. Wilbanks, sureties in said case and upon said Bond, be and they are hereby relieved from all liability on said Bond, judgment, and execution. Relief and cancellation. Approved March 27, 1941. SURETY CLEMONS RELIEVED. No. 14. A RESOLUTION. Resolution for relief of S. C. Clemons, surety of Willie King: Whereas, S. C. Clemons of Bibb County, Georgia, did on August 14, 1936, become surety for Willie King, charged in an accusation filed in the City Court of Macon, with the offense of operating an automobile under the influence of

Page 1872

intoxicating liquor, said accusation being No. 43073 in the City Court of Macon; which said bail bond was in the sum of one hundred, ($100.00) dollars. Preamble. And Whereas, on November 3, 1936 the said Willie King failed to appear in the City Court of Macon to answer said accusation, and the bond was forfeited and a rule nisi issued; and whereas on January 20, 1937 the forfeiture was made absolute and an execution issued against S. C. Clemons in favor of the Governor of Georgia, in the sum of one hundred twenty three and ninety-five hundreths ($123.95) dollars, And Whereas, Willie King was captured by S. C. Clemons, his bail, after considerable effort and expense, and surrendered to the authorities of the City Court of Macon, and to the Sheriff of Bibb County, for trial on said accusation, and on June 11, 1937, Willie King entered a plea of guilty to the accusation in the City Court of Macon, and was fined by the Court, which fine imposed in the case was paid, Therefore, Be It Resolved, by the House of Representatives and The Senate concurring, that the County authorities of Bibb County, Georgia, and the Clerk and Solicitor of the City Court of Macon, be and they are hereby instructed and empowered and directed to cancel the execution against S. C. Clemons, surety of Willie King, and the Clerk of Bibb Superior Court is directed to mark the same cancelled of record in his Court, and S. C. Clemons, surety as aforesaid, is relieved of all liability on said bond, and on the execution issued because of said forfeiture in the City Court of Macon. Relief and cancellation. Approved March 6, 1941.

Page 1873

SURETY M. E. FIELD RELIEVED. No. 16. A RESOLUTION. Whereas, on the 2nd day of October 1934, an accusation was filed in the City Court of Macon against Walter Junior for the offense of Carrying Concealed Weapons and Pistol Without a License, and Preamble. Whereas, on October 1st, 1934, M. E. Field had entered into a criminal bond or recognizance for the appearance of Walter Junior, from day to day and term to term of said Court, to answer said charges and until said case was disposed of, said bond being in the sum of One Hundred and Twenty Five Dollars ($125.00), and Whereas, the said Walter Junior agreed to enter a plea of guilty, and Whereas, the weapon said defendent was charged with carrying and concealing at the time was not a deadly weapon as the same was out of order and could not be fired, and Whereas, said defendant being an ignorant negro through confusion and ignorance, after appearing at Court on the day that he was to enter his plea of guilty, without full knowledge of what he was to do, left the Court before said case was disposed of, and Whereas, said bond was forfeited at a subsequent date of the term of said Court and judgment and execution at the next term of said Court was rendered against M. E. Field as Surety for the sum of One Hundred Twenty Five Dollars ($125.00) and costs, and Whereas, recently the Solicitor of said Court has investigated said case and after investigation moved the Court to grant a nol pros on said accusation and the Judge of

Page 1874

said Court after a hearing allowed said accusation to be nol prossed for the reasons above set forth and upon condition that costs of the forfeiture of the bond be paid, and Whereas, the costs of the forfeiture of the bond have been paid, and Whereas, the purposes for which said bond was given have been substantially complied with and, under the circumstances and the requirements of the law, fulfilled in the disposition of the said case, Be It Resolved by the House of Representatives of Georgia, the Senate concurring, that the said M. E. Field, Surety as aforesaid, be and he is hereby relieved from any and all other liability on said bond and from the payment of the execution and judgment issued thereon and the Clerk of the Superior Court of Bibb County and the Clerk of the City Court of Macon are hereby authorized and directed to mark said execution and judgment satisfied on their records. Relief and cancellation. Approved March 6, 1941. SURETY MACRIS RELIEVED. No. 10. A RESOLUTION. Whereas, George macris, of Fulton County, Georgia, became surety of E. O. Thompson, charged with the offense of being a common cheat and swindler in the Criminal Court of Atlanta, now the Criminal Court of Fulton County, and whereas the said E. O. Thompson failed to appear when his case was called at the December Term, 1931, of said Court, and his bond was forfeited, and a rule nisi issued, and at the March Term, 1932, of said Court the said case was called and a rule absolute was issued

Page 1875

against the said E. O. Thompson, as principal, and George Macris, surety, for the sum of $750.00 besides costs of court. Preamble. And, whereas, an execution was issued in the sum of $750.00, and $18.35 costs, and the said execution was placed on the general execution docket in the Clerk's office of Fulton County, Georgia, on execution docket No. 62, page 206 on the 22nd day of August, 1932, And, whereas, upon recommendation of the solicitor of said Court, it appearing from a thorough investigation that the principal offender is a man by the name of Flowers, and if the above named offender, E. O. Thompson, were apprehended and brought to trial there would be a doubt as to whether his conviction would be upheld in the higher court, And, whereas, it appearing that the ends of justice will be met if the above named surety is relieved of this bond, and the passage of this resolution is also recommended by his honor, Jesse M. Wood, of this Court, Now, therefore, be it resolved by the General Assembly of the State of Georgia, that the said George Macris, surety of the aforesaid, be relieved from the payment of the $750.00, and that the Clerk of the Superior Court of Fulton County, Georgia be, and he is hereby ordered and instructed to enter upon the above mentioned execution docket, cancelled and satisfied of record, upon payment of accrued costs of $18.35. Relief and cancellation. Approved February 26, 1941.

Page 1876

SURETY McCOOK RELIEVED. No. 13. A RESOLUTION. For relief of C. F. McCook, Surety of W. C. Adams. Whereas, C. F. McCook, of Macon, Bibb County, Georgia, did on November 17, 1926, become surety for W. C. Adams, charged in an accusation in the City Court of Macon, No. 33999, with the offense of violating the State prohibition law, the said bond being in the sum of $200.00, Preamble. And, whereas, on March 7, 1927, the principal W. C. Adams failed to appear in Court, and a rule nisi was issued to forfeit the bond, and whereas a rule absolute was taken on June 6, 1927, and an execution was issued against surety, C. F. McCook in the amount of two hundred twenty-three and ninety-five hundredths, ($223.95) dollars, And whereas, the surety C. F. McCook after diligent effort and much expense, captured W. C. Adams, and surrendered him to the Sheriff of Bibb County, Georgia, and to the authorities of the City Court of Macon, and on May 2, 1933, the said W. C. Adams entered a plea of guilty and was sentenced in the City Court of Macon for said offense charged in the accusation No. 33999, And whereas execution was issued in favor of Clifford Walker, Governor, against the surety C. F. McCook, Therefore, be it resolved by the House of Representatives, the Senate concurring, that the surety C. F. McCook be relieved of said forfeiture, and the execution satisfied of record. And that the Solicitor of the City Court of Macon and the Clerk of the City Court of Macon be and they are hereby authorized, empowered and instructed to refund to the surety C. F. McCook, the money paid into Court on said forfeiture, to be reimbursed out of the fines and forfeitures coming into the City Court of Macon,

Page 1877

and the execution against surety C. F. McCook is to be marked satisfied and cancelled of record, on the execution docket of the City Court of Macon, and be cancelled on the general execution docket of Bibb Superior Court by the clerk of that Court, so that surety C. F. McCook may be relieved of all liability on account of said forfeiture. Refund and cancellation. Approved March 6, 1941. THOMAS COUNTY REPAYMENT AUTHORIZED. No. 52. A RESOLUTION. Whereas, heretofore on the 23rd day of June, 1932 the County of Thomas, and citizens of said County, did contribute to the State Sanatorium for Tubercular Patients at Alto, Georgia the sum of Five Thousand Seven Hundred and no/100 ($5,700.00); Preamble. And, whereas said sum was contributed by said County under authority of the Act of the General Assembly of Georgia, approved August 21, 1922; And whereas, said sum was contributed and furnished upon the representations of the officers of said institution, who were officers of this State, that said funds would be expended in erecting buildings which would be maintained by said institution, and would make available at all times ample housing and treatment for tubercular patients from Thomas County; And whereas, there has been an utter failure by said institution to furnish to patients from Thomas County the facilities which it represented it would furnish; there are many cases of tuberculosis in Thomas County for whom no treatment is available and they are a menace to public

Page 1878

health in said County, and said County is therefore compelled to and desirous of erecting its own housing facilities for said patients, and in need of funds for said purpose; And whereas for the reasons herein related the State of Georgia is honestly obligated to repay to Thomas County said sum of Five Thousand Seven Hundred and no/100 ($5,700.00) Dollars. Now therefore, be it resolved by the House of Representatives, the Senate, concurring, that the sum of Five Thousand Seven Hundred and no/100 ($5,700.00) Dollars be and is hereby appropriated to be paid to Thomas County and the Governor is hereby authorized and directed to draw his warrant for the same, out of any funds in the Treasury of the State. Payment. Approved March 27, 1941.

Page 1879

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. B. C. GARDNER Judge HON. JULE W. FELTON Judge GEORGE W. STEVENS Reporter LINTON C. HOPKINS Assistant Reporter WILLIAM G. ENGLAND Clerk MORGAN THOMAS Deputy Clerk P. WESLEY DERRICK Sheriff

Page 1880

SUPERIOR COURT CALENDAR FOR 1941 ALAPAHA CIRCUIT. HON. W. R. SMITH, Judge, Nashville. H. W. NELSON, Solicitor-General, Adel. 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. CARL E. CROW, Judge, Camilla. MASTON E. O'NEAL, 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.

Page 1881

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. GEORGE C. PALMER, Judge, Columbus. HUBERT CALHOUN, Solicitor-General, Columbus. ChattahoocheeThird Mondays in March and September. HarrisSecond Mondays in January and July. MarionFourth Mondays in April and October. MuscogeeFirst Mondays in February, May, August, and November. TalbotFirst and second Mondays in March and September. TaylorFirst and second Mondays in April and October.

Page 1882

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, May, August and November. TroupFirst Mondays in May and November. DUBLIN CIRCUIT. HON. R. EARL CAMP, Judge, Dublin. J. E. COOK, Solicitor-General, Wrightsville. JohnsonThird Mondays in March and September. LaurensFourth Mondays in January, April, July, and October. TwiggsFourth Mondays in February and August.

Page 1883

EASTERN CIRCUIT. HON. JOHN ROURKE, Jr., Judge, Savannah. SAMUEL A. CANN, Solicitor-General, Savannah. ChathamFirst Mondays in March, June, and December, and the second Monday in September. 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, A. M. ANDERSON, Perry, Judges. CHARLES H. GARETT, Solicitor-General, Macon. BibbFirst Mondays in February, April, June, August, October and December. CrawfordThird Mondays in March and October. HoustonFirst Mondays in April and October. PeachFirst Mondays in January, May and September. MIDDLE CIRCUIT. HON. R. N. HARDEMAN, Judge, Louisville. W. H. LANIER, Solicitor-General, Metter.

Page 1884

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. THOMAS S. CANDLER, Judge, Blairsville. 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 third Monday in November. HallThird Monday in January, first Monday in May, third Monday in July, and first Monday in November. LumpkinThird Mondays in April and October. RabunFourth Mondays in February and August and second Monday in June and first Monday in December. 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. CLARK EDWARDS, Jr., Judge, Elberton. R. HOWARD GORDON, Solicitor-General, Danielsville. 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 1885

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. WheelerSecond Mondays in February and October and third Monday in June. OGEECHEE CIRCUIT. HON. T. J. EVANS, Judge, Sylvania. Fred T. Lanier, Solicitor-General, Statesboro. BullochFourth Mondays in January, April, July, and October. EffinghamThird Mondays in April and October. JenkinsSecond Mondays in May and November. ScrevenThird Mondays in May and November. PATAULA CIRCUIT. HON. CHARLES W. WORRILL, Judge, Cuthbert. R. A. PATTERSON, Solicitor-General, Cuthbert. ClayThird Mondays in March and September. EarlyThird Mondays in January and July. 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 and fourth Mondays in February, May, August and November. GwinnettFirst Mondays in March, June, September, and December. JacksonFirst Mondays in February and August.

Page 1886

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 1887

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, Thomson. 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. D. M. PARKER, Solicitor-General, Waycross. 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 1888

WESTERN CIRCUIT. HON. STEPHEN C. UPSON, 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 1889

INDEX A ABBEVILLE Charter amendments 1005 Consolidated school district bonded debt 9 Refunding bonds 11 ADEL Tax Collector 1007 ADMINISTERING APPROPRIATIONS ACTS Budgetary control 196 ADMINISTRATORS AND EXECUTORS Compensation 299 ADOPTION LAWS Adoption laws revised 300 ADRIAN (1st) Consolidated school district refunding bonds 13 ADVERTISING Promoting the resources and facilities of the state 16 AERONAUTICS BOARD CREATED Highway board authorized to construct airports 237 AIRPORTS Acquisition, regulation, etc., amendment 380 Aeronautics Board created 237 ALBANY Charter amendments 1010 ALCOHOLIC LIQUORS Regulation and tax 199

Page 1890

AMENDMENTS TO CONSTITUTION AMERICUS 7 Ad valorem tax 1011 AMUSEMENTS Outdoor amusements on Lord's Day 467 ANDERSONVILLE City charter 1013 ANNUAL SESSIONS General Assembly 90 APPLING COUNTY Commissioner 723 Tax Commissioner created 726 Tax Receiver abolished 726 Tax Collector abolished 726 APPROPRIATIONS Administering appropriations actsbudgetary control 196 ARCHITECTS CERTIFICATE OF REGISTRATION Granted without examination, when 310 ARLINGTON Specific tax 1048 ATHENS Board of Education 1049 City Court 619 ATKINSON AND COFFEE COUNTIES Highway mileage 588 Willacoochee to Axon 574 ATKINSON COUNTY Commissioner, acts repealed 729 Commissioners office created 730

Page 1891

ATLANTA Ad valorem taxes 1050 Budget commission 1052 Charter amendments 1053 Charter sections repealed 1056 Elections and vacancies 1057 Employees salaries 1061 Furlough for draftees 1058 Pension to Mrs. Leonard 1062 Police sick leave 1063 Sale of property 1064 Territorial extension 1065 ATTAPULGUS Charter amendments 1068 AUGUSTA City Attorney 1071 Civil Service Act 1072 Civil Service Commission 1073 Commissioner of Public Safety 1076 AUTOMOBILE LICENSES Drivers licenses 279 Reciprocal agreement for draftees 1864 B BAILIFFS Criminal bailiffs in certain counties 424 BAINBRIDGE Zoning 1082 BAKER COUNTY Refunding bonds 17 BALL GROUND Town charter 1084

Page 1892

BALLOTS FURNISHED Registrars; voting by mail 365 BANK CHARTERS Minimum capital stock 312 BANKS COUNTY Commissioners, compensation 738 Commissioners, election, tax distribution 740 BARNESVILLE Charter amendments 1155 BARROW COUNTY Commissioners office created 741 BARROW SUPERIOR COURT Four terms 607 BAXLEY Board of Education 1158 , 1159 BEDGOOD Relieved as surety 1867 BEN HILL AND COFFEE COUNTIES Broxton to Fitzgerald 576 BIBB COUNTY Licensing and zoning 751 Loans and debt certificates 21 Tax Commissioner created 754 Tax Collector and Receiver consolidated 754 BIBB SUPERIOR COURT Six terms 608 BLAIRSVILLE City charter 1160

Page 1893

BOARD OF EDUCATION Act amended 568 Salary of executive secretary 573 BOARD OF PENAL CORRECTIONS ABOLISHED State Superintendent of Farms created 292 BOARD OF TAX APPEALS Jurisdiction limited 200 BOARDS OF HEALTH County 317 BOGART Charter amendments 1185 BONDS UNSOLD Destroying 426 BOUNDARY LINE Between Towns and Union Counties changed 763 Georgia-North Carolina, Georgia-Tennessee 1850 BOWDON Registration for elections 1188 Zoning and planning 1190 BRANTLEY AND PIERCE COUNTIES See Highways. BREMEN Limits extended 1191 BROOKS COUNTY Sheriffs bond 764 BRUNSWICK Charter amendments 1193 Port and harbor limits 1205 BRUNSWICK JUDICIAL CIRCUIT Compensation of court reporter 314

Page 1894

BRYAN COUNTY Commissioners, act repealed 764 Commissioners office created 765 U. S. Coast and Geodetic survey 788 Zoning 773 BUDGET County, act amended 387 , 389 BUDGETARY CONTROL Administering appropriations acts 196 BUFORD City Manager 1208 BULLOCH COUNTY (See Highways) Conservation of natural resources tax 1841 BURIAL PLACE Desecration punished 425 BURKE COUNTY Clerk 790 BUTTS COUNTY Act repealed 792 Commissioners created 793 Sheriffs bond 799 BYRON Town charter 1210 C CADASTRAL SURVEY See Survey. CAIRO Condemnation of property 1252 Election and voters 1253 Zoning and planning 1254

Page 1895

CALHOUN COUNTY Highway mileage 578 Refunding bonds 24 CAMAK Elections 1256 CAMDEN COUNTY Act repealed 799 Commissioners created 800 CAMILLA Zoning and planning 1258 CANDLER COUNTY See Highways. CANTON Board of Education 1259 Charter amendments 1260 Zoning and planning 1261 , 1265 CARROLL COUNTY Hospital and Health Board 805 CATOOSA COUNTY Highway 581 Refunding bonds 29 Repayment for Coates medical care 1843 CERTIFICATE OF REGISTRATION See Architects. CHARLTON COUNTY Commissioners 810 CHATHAM COUNTY Highway addition 584 Montgomery street extension 586 Pensions 813 Tax levy 33

Page 1896

CHATHAM SUPERIOR COURT Term changed 610 CHATTAHOOCHEE COUNTY Sheriffs bond 815 CHATOOGA COUNTY City Court established 621 Refunding bonds 35 CHIPLEY Elections 1268 CIVIL LAWS 379 , 380 CLARKE COUNTY Health department 816 CLAXTON Refunding bonds 41 School district refunding bonds 39 CLAY COUNTY Highway mileage 578 CLAYTON COUNTY City Court 634 Clerk 825 Commissioners 818 Tax Commissioner 824 CLEMONS Relieved as surety 1871 CLERK AND SHERIFF Salaries in certain counties 491 Vacancy defined 327 CLERK OF SUPERIOR COURT Bond, surety 383

Page 1897

CLERKS Compensation 462 Photostatic copies 475 Salaries in lieu of fees 493 COATES MEDICAL CARE Catoosa County Repayment 1843 COBB COUNTY Refunding bonds 43 COCHRAN Refunding bonds 48 CODE AMENDMENTS AND REPEALS 298 . COFFEE COUNTY See Highways. COLEMAN Compensation for imprisonment 1844 COLLEGE PARK Charter amendments 1270 COLQUITT COUNTY City Court, term of Judge and Solicitor 641 Livestock control 1272 COLUMBIA COUNTY Commissioners 827 COLUMBUS Ad valorem tax 1275 Back salary to Judge of City Court 1840 City Hospital Authority 1277 Passenger station 1280 , 1281 Retirement Pensions 1283 COMMERCE Bowling alleys licensed 1286

Page 1898

COMMISSIONER OF AGRICULTURE Veterinarian's duties transferred 238 COMMISSIONER'S TERM INCREASED See Department of Labor. COMPENSATION Comptroller General 240 Court reporter, Brunswick judicial circuit 314 Jury commissioners 344 , 462 State librarian 372 COMPTROLLER GENERAL Compensation 240 Suspension 295 CONGRESS Requested to authorize stamp honoring Thos. E. Watson 1846 CONSERVATION OF NATURAL RESOURCES Bulloch County tax 1841 County tax levy 318 CONSOLIDATION School districts 315 CONSTITUTIONAL AMENDMENTS Publication 384 CONSTITUTIONAL OFFICERS Electionswhen held 86 Four year terms 86 CONSTITUTION, PROPOSED AMENDMENTS Abbeville Consolidated school district bonded debt 9 Abbeville refunding bonds 11 Adrian (1st) Consolidated school district refunding bonds 13 Advertising and promoting the resources and facilities of the state 16 Baker County warrant refunding bonds 17

Page 1899

Bibb County temporary loans and debt certificates 21 Calhoun County warrant refunding bonds 24 Catoosa County warrant refunding bonds 29 Chatham County additional tax levy 33 Chattooga County warrant refunding bonds 35 Claxton refunding bonds 41 Clexton school district refunding bonds 39 Cobb County warrant refunding bonds 43 Cochran refunding bonds 48 Contractual rights of cities, towns, municipalities and counties 50 Cook County refunding bonds 52 Cook County warrant refunding bonds 54 Cordele refunding bonds 58 Crawford refunding bonds 60 Crawford school district refunding bonds 62 Dade County bonded debt 65 Davisboro Consolidated school district refunding bonds 67 Dodge County bonded debts 70 DeKalb County Tax Authority 69 Doerun refunding bonds 73 Effingham County refunding bonds 75 Evans County warrant refunding bonds 78 Excelsior consolidated school district refunding bonds 82 Exemption from taxation of corporations organized to engage in rural electrification 84 Four year term for Governor and other Constitutional officers, election, when held 86 Gainesville bonded debts 88 General Assembly annual sessions 90 Hancock County bonded debts 93 Hart County refunding bonds 94 Hazlehurst refunding bonds 98 Irwin County warrant refunding bonds 100 Irwin County warrant refunding bonds 104 Jeff Davis County warrant refunding bonds 108 Jefferson County school district No. 1 refunding bonds 112 Jefferson County school district No. 10 refunding bonds 115 Johnson Corner school district refunding bonds 117

Page 1900

Justices of the Peace increased jurisdiction 119 Lexington refunding bonds 121 Macon ad valorem tax exemption 124 Macon annual property tax 127 Macon debt certificates 129 Miller County warrant refunding bonds 131 Miller County warrant refunding bonds 136 Mitchell County Board of Education temporary loans 141 Oglethorpe County warrant refunding bonds 143 Paulding County warrant refunding bonds 147 Quitman County warrant refunding bonds 151 Reidsville refunding bonds 155 Sandy Cross Consolidated school district refunding bonds 158 Savannah recovery and payment for wharf construction 160 Sparks-Adel Consolidated school district refunding bonds 163 State School Superintendent term of office 165 Stone Mountain refunding bonds 166 Sunny Hill Consolidated district refunding bonds 168 Toombs County warrant refunding bonds 170 Unadilla refunding bonds 174 Vidalia bonded debts 176 Walker County warrant refunding bonds 178 Washington refunding bonds 182 Waycross revenue certificates 184 Wilcox County refunding bonds 187 Wilcox County warrant refunding bonds 189 Wrightsville Consolidated school district refunding bonds 193 CONTRACTORS Licensing board abolished 385 Liens against 345 CONTRACTUAL RIGHTS Cities, towns, municipalities and counties 50 COOK COUNTY Refunding bonds 52 , 54 CORDELE Refunding bonds 58 Zoning and planning 1288

Page 1901

COSTS Divorce cases 441 COUNTIES See also pages 721 , 722 , 723 . Appropriation of money or property for defense 386 Criminal bailiffs 424 Law libraries 396 Pension Act 400 Police and firemen's pension fund 404 Purchasing department created 408 Registrars abolished 413 Surveyors 421 Tax levy for conservation of natural resources 318 Traffic regulation 422 COUNTY BOARDS Health 317 COUNTY BUDGET Act amended 387 , 389 COUNTY EMPLOYEES Group insurance 395 COUNTY OFFICERS Election primary 431 Salaries instead of fees 398 COUNTY ORGAN How selected 351 COUNTY SCHOOL SUPERINTENDENTS Elections in certain counties 428 COURT CLERKS Photostatic records 475 COURTS See also local Acts 1003 , 1004 , 1005 . City, county and municipal courts 619 Superior Courts 607

Page 1902

COURT REPORTERS Compensation in Brunswick judicial circuit 314 Compensation in certain circuits 992 Compensation in certain counties 993 Southwestern circuit, salary fixed 994 Waycross circuit, salary fixed 996 COVINGTON Charter amendments 1289 City Manager 1295 COWETA COUNTY Highway addition 590 Surveyor 828 CRAWFORD Refunding bonds 60 School district refunding bonds 62 CRAWFORD COUNTY Clerk's bond 829 CRIMINAL BAILIFFS See Counties. CROPPERS AND SERVANTS Holding over 319 D DADE COUNTY Bonded debt 65 DARIEN Street closing 1305 Taxes 1307 DARIEN CITY COURT Terms 644

Page 1903

DAVISBORO Consolidated school district refunding bonds 67 DECATUR Limits extended 1308 , 1310 Zoning 1312 DEFENDANTS TO BE BOUND OVER Misdemeanor cases 466 DEKALB COUNTY Depository 830 Tax Authority 69 Tax Commissioner 831 DENNARD Relieved as surety 1869 DEPARTMENT OF LABOR Commissioner's term increased 240 DESECRATION OF BURIAL PLACE Punishment 425 DESOTO TRAIL Highway 1847 DESTROYING UNSOLD BONDS See Bonds. DIFFEE Charter Repeal 1313 DIMENSIONS OF VEHICLES RESTRICTED Highway use regulated 449 DISTRIBUTION Estates 331 DIVORCE Fees and costs 441

Page 1904

DODGE COUNTY Bonded debts 70 Commissioners 833 DODGE, LAURENS AND TELFAIR COUNTIES 592 DOERUN Qualified voters 1314 Refunding bonds 73 DONALSONVILLE Charter amendments 1315 DOUGHERTY COUNTY Commissioners created 834 DOUGLAS Charter amendments 1319 City Manager 1323 DOUGLASVILLE Water and Sewer Authority 1334 Zoning and Planning 1351 DRAFTEES Automobile licenses 1864 DUBLIN Limits extended 1354 School budget 1358 Tax Commissioner 1360 DUBLIN CITY COURT Collection and disbursement of funds 645 DULUTH Taxes 1366

Page 1905

E EARLY SUPERIOR COURT Terms changed 611 EAST ELLIJAY City charter 1367 EASTERN STANDARD TIME Boundry changed 427 EASTMAN CITY COURT Terms 646 EATONTON Board of Education 1399 EFFINGHAM COUNTY Refunding bonds 75 ELBERT COUNTY School superintendent 842 ELBERTON City Manager 1401 Zoning and Planning 1416 ELECTIONS County school superintendent in certain counties 428 Governor and other Constitutional officers 86 Hours of holding polls 320 How and when held 321 Identification of voters 429 June general election law 461 Primary for county officers 431 Recount provided 432 Secret ballot 324 Sheriff and clerk 327

Page 1906

Solicitation of votes restricted 439 State school superintendent 165 ELECTRIFICATION See Rural Electrification. ELLIJAY Charter amendments 1417 ELLIS HEALTH LAW County operation 329 EMINENT DOMAIN Right granted in certain counties 490 ESTATES Distribution in kind 331 EVANS COUNTY Refunding bonds 78 EXCELSIOR Consolidated school district refunding bonds 82 EXECUTORS AND ADMINISTRATORS Compensation 299 EXEMPTION FROM TORT LIABILITY Fire department members 442 EXPLOSIVES License and registration, penalty 333 F FAILURE TO PAY FOR CERTAIN FARM PRODUCTS Penalty 337 FAIRBURN Charter amendments 1419

Page 1907

FAMILY DRIVERS LICENSE Public Safety Department 279 FANNIN COUNTY Highway addition 594 FARM PRODUCTS Failure to pay for, penalty 337 FEES See Divorce. State librarian 373 FIELD Relieved as surety 1867 FIELD, M. E. Relieved as surety 1873 FIRE DEPARTMENT MEMBERS Exemption from tort liability 442 FIREMEN'S PENSION FUND Police and Firemen's Pension Fund 404 FIREWORKS Defined 443 License required 494 Regulation and sale 444 FISHING LICENSES Sale and distribution 463 FITZGERALD Charter amendments 1424 FLEMINGTON City charter 1436 FORREST PARK Candidates to specify opponents 1450

Page 1908

FORSYTH Charter amendments 1451 FOUR YEAR TERM Governor and other Constitutional officers, election, when held 86 FRATERNAL BENEFIT SOCIETIES Issuance of certificates 338 FULTON COUNTY Pension to John W. Ball 843 Pensions, act amended 846 Planning commission 851 , 854 Refund of bond 1847 G GAINESVILLE Bonded debts 88 Retirement fund 1453 GAME RIGHTS Non-resident soldiers 1852 GARDEN CITY Charter 1461 GENERAL ASSEMBLY Annual sessions 90 Candidates to designate opponents 447 Recessed 1853 GENERAL CIVIL AND PENAL LAWS 379 , 380 . GENERAL TAX ACT AMENDED See Taxation. GA.-N. C. AND GA.-TENN. Boundary line 1850

Page 1909

GLASCOCK COUNTY Commissioners, amendment 856 Commissioners, compensation 857 GLYNN COUNTY Authority to sell land 858 Licenses and taxes 859 GORDON Special tax 1470 GORDON COUNTY Reimbursement to T. L. Henderson 1854 GOVERNMENT DEPARTMENTS 237 . GOVERNOR Four year term, election, when held 86 GREENVILLE City Court abolished 647 GRIFFIN Board of Education, pensions 1472 Retirement pensions 1474 Zoning and Planning 1484 GRIFFIN CITY COURT Solicitors term of office 650 GWINNETT COUNTY Treasurer's salary 861 H HABERSHAM COUNTY City Court established 651

Page 1910

HABERSHAM SUPERIOR COURT Four terms 612 HANCOCK COUNTY Bonded debts 93 HARALSON COUNTY Treasurer 863 HART COUNTY Refunding bonds 94 HAZLEHURST Refunding bonds 98 HEALTH County boards 317 Ellis law, county operation 329 HEARD COUNTY Commissioners created 864 HELENA Elections and terms 1485 HENDERSON, T. L. Reimbursement 1854 HENRY COUNTY Court abolished 689 Tax Commissioner 873 HENRY COUNTY CITY COURT Established 667 Judge and Solicitor, election 690 HERTY FOUNDATION Laboratory experiments 1855

Page 1911

HIGHWAY BOARD Created 290 Authorized to construct airports 237 HIGHWAY DEPARTMENT Restitution to Wilkes County 1865 HIGHWAY DEPARTMENT OBLIGATIONS Auditing and approval of claims 596 HIGHWAY USE REGULATED Dimensions of vehicles restricted 449 HIGHWAYS 574 . Atkinson and Coffee Counties 574 Ben Hill and Coffee Counties 576 Brantley and Pierce Counties 577 Calhoun and Clay Counties 578 Candler, Bulloch and Screven 580 Catoosa and Walker County 581 Chatham County addition 584 Chatham County Montgomery Street extension 586 Coffee and Atkinson Counties 588 Coffee County addition 589 Coweta County addition 590 Dodge, Laurens and Telfair 592 DeSoto Trail 1847 Fannin County addition 594 Highway department obligations, auditing and approval of claims 596 Houston and Pulaski Counties 598 Joe Wheeler 1856 Jones and Monroe Counties 600 Pierce and Ware Counties 602 Quitman County addition 604 Troup County addition 605 HINESVILLE City limits and taxing power 1487 Zoning and planning 1490

Page 1912

HIRAM Taxes 1504 HOGANSVILLE City charter 1505 HOLIDAYS Observance of special days 349 HOSPITALS Authorities created 241 Authority created 250 Non-profit corporations 454 HOURS OF HOLDING POLLS IN CERTAIN COUNTIES See Elections. HOUSE OF REPRESENTATIVES Membership re-apportioned 348 HOUSING AUTHORITY Board created 253 HOUSTON AND PULASKI COUNTIES See Highways. HUNTING Licenses 463 Open seasons 343 I IDENTIFICATION OF VOTERS Elections 429 INCOME-TAX See Taxation. INSURANCE County employees group 395 Voluntary deposits with State Treasurer 456

Page 1913

INTANGIBLES CLASSIFICATION See Taxation. IRWIN COUNTY Refunding bonds 100 , 104 ISSUANCE OF CERTIFICATES Fraternal benefit societies 338 J JACKSON COUNTY Justices of the Peace 874 JEFF DAVIS COUNTY Custodians office created 876 Depository abolished 885 Refunding bonds 108 JEFFERSON Elections and terms 1566 JEFFERSON COUNTY School district No. 1 refunding bonds 112 School district No. 10 refunding bonds 115 JESUP Charter amendments 1568 JOE WHEELER Highway 1856 JOHNSON CORNER School district refunding bonds 117 JOHNSON COUNTY Commissioners Act repealed 886 Commissioners created 887

Page 1914

JONES Relieved as surety 1869 , 1870 JONESBORO Charter amendments 1569 JONES COUNTY See Highways. JUNE GENERAL ELECTION Law repealed 461 JURISDICTION See Justices of the Peace. JURY COMMISSIONERS Clerks 463 Compensation 344 JUSTICES OF THE PEACE Increased jurisdiction 119 K KINGSLAND Territorial limits 1575 Zoning and planning 1576 L LABORATORY EXPERIMENTS Herty Foundation 1855 LAFAYETTE Charter amendments 1579 Zoning and planning 1580 LANIER COUNTY Commissioners 899

Page 1915

LAURENS COUNTY Commissioners 900 Publication 901 LAURENS, DODGE AND TELFAIR COUNTIES See Highways. LAW BOOKS Coffee County 1857 Dawson County 1858 Thomas County 1859 White County 1860 LAW LIBRARIES See Counties. LEXINGTON Refunding bonds 121 LEXINGTON CITY COURT Sheriff's bond 691 LIBERTY COUNTY U. S. Coast and Geodetic survey 918 Zoning 903 LIBRARIAN Compensation 372 Fees 373 LICENSES Automobile 1864 Hunting and fishing 463 Wines 234 LICENSING BOARD ABOLISHED Contractors 385 LIENS AGAINST CONTRACTORS How enforced 345

Page 1916

LINCOLN COUNTY Treasurer's salary 920 LONG COUNTY Attorney 921 M MACON Ad valorem tax exemption 124 Annual property tax 127 Debt certificates 129 Officers election and duties 1581 Mayor's term and duties 1584 Street closing 1586 MACON CITY COURT Stenographer for Solicitor 692 Terms 694 MACRIS Relieved as surety 1874 MADISON COUNTY Sheriff's bond 923 Tax Commissioner 924 MARIETTA Limits extended 1590 Mayor's Court 1592 Sewerage and water works systems 1594 Treasurer 1594 MARION COUNTY Amendment repealed 925 Commissioners created 926 McCAYSVILLE City charter 1596

Page 1917

McCOOK Relieved as surety 1876 McINTOSH COUNTY Fishing 935 Livestock dealers 936 McRAE Street improvements 1670 MEMBERSHIP OF HOUSE OF REPRESENTATIVES Reapportioned 348 MEMORIAL BRIDGE Milhollin 1861 MENLO Paving and assessments 1671 MERIWETHER SUPERIOR COURT Four terms 613 MISS MICHAEL'S BOOK Public school library 1862 MILAM Elections and licenses 1672 MILHOLLIN Memorial bridge 1861 MILK CONTROL BOARD Act amended 256 MILLER COUNTY City Court, salary of Solicitor 696 Refunding bonds 131 , 136 MINIMUM CAPITAL STOCK See bank charters.

Page 1918

MISDEMEANOR CASES Defendants to be bound over 466 MITCHELL COUNTY Board of Education temporary loans 141 MONROE Charter amendments 1675 MONROE COUNTY See Highways. MOTOR VEHICLES Reciprocal agreements 361 Rolling store maintenance tax 226 Suspension of tax on motor fuels used in training pilots 1863 MOULTRIE Charter amendments 1678 MUNICIPAL COURTS 619 . MUNICIPAL CORPORATIONS (See pages 1003 , 1004 , 1005 .) Appropriation of money or property for defense 386 MUSCOGEE COUNTY Public health 937 N NATURAL RESOURCES County tax levy for conservation of 318 NEWNAN Mayor Pro Tem 1680 NEWTON COUNTY Sheriff 947 NON-PROFIT CORPORATIONS Hospital service 454

Page 1919

NON-RESIDENT SOLDIERS Game rights 1852 O OBSCENE LITERATURE Possession, lending or transportation of 358 OBSERVANCE OF SPECIAL DAYS See Holidays. OCONEE COUNTY Sheriff's bond 948 OFFICIAL COUNTY ORGAN How selected 351 OGLETHORPE COUNTY Refunding bonds 143 Sheriff's bond 949 OPEN SEASONS Hunting 343 OSTEOPATHY Regulation 352 OUTDOOR AMUSEMENTS On Lord's Day 467 P PARKS Authority created 257 PAROLE COMMISSION See Prison and Parole Commission. PAULDING COUNTY Refunding bonds 147 PAUPERS TAX See Taxation.

Page 1920

PEMBROKE CITY COURT Judge designated 697 PENAL CORRECTIONS BOARD State Superintendent of Farms 292 PENAL LAWS 379 , 380 . PENSION ACT See Counties. PENSIONS Municipal, act amended 468 Police and Firemen's Pension Fund 404 Police pensions 476 PHOTOSTATIC COPIES BY CLERKS Act amended 475 PIERCE COUNTY Clerk's salary 949 PIERCE AND BRANTLEY COUNTIES See Highways. PIERCE AND WARE COUNTIES See Highways. PINE LAKE Tax assessments 1682 POISONOUS REPTILES Handling prohibited 448 POLICE AND FIREMEN'S PENSION FUND See Counties. POLICE PENSIONS Act amended 476 PRIMARY FOR COUNTY OFFICERS When held 431 PRIMARY ELECTIONS Recount provided 432

Page 1921

PRIORITY OF CLAIMS Labor and material for improvement of real property 480 PRISON FARM Authority to lease 291 PRISON AND PAROLE COMMISSION Act amended 273 PROBATION Offenders in certain cases 481 PUBLICATION OF CONSTITUTIONAL AMENDMENTS See Constitutional Amendments. PUBLIC OFFICERS Survival of suits by or against 516 PUBLIC SAFETY DEPARTMENT Act amended 277 Family drivers' license 279 PUBLIC SERVICE COMMISSION Jurisdiction enlarged 283 PUBLIC SCHOOL LIBRARIES Miss Michael's book 1862 PUBLIC UTILITIES Sanitary sewers and water mains in certain counties 496 PUBLIC WELFARE LAWS Administration 485 PULASKI AND HOUSTON COUNTIES See Highways. PURCHASING DEPARTMENT CREATED See Counties.

Page 1922

Q QUITMAN COUNTY Highway addition 604 Refunding bonds 151 R RABUN SUPERIOR COURT Additional terms 615 RADIO COMMISSION Act repealed 286 REAL ESTATE COMMISSION How and where held 342 REAL PROPERTY Conveyed to secure debt, reversion 487 Priority of claims for labor and material for improvement on 480 RECOUNT PROVIDED Primary elections 432 RECIPROCAL AGREEMENTS Operation of motor vehicles 361 REGISTRARS Ballots furnished, voting by mail 365 REGISTRATION Guests at tourist camps 489 REGULAR SESSION Convened 1864 REIDSVILLE Refunding bonds 155

Page 1923

REPTILES Handling prohibited 448 RESOLUTIONS 1839. REVERSION Real property conveyed to secure debt 487 REYNOLDS Relieved as surety 1870 RIVERDALE Elections and terms 1683 RIVERSIDE Mayor and alderman 1685 ROCKDALE COUNTY Commissioners act repealed 951 Commissioners created 952 ROCKMART Charter amendments 1686 Limits extended 1688 ROLLING STORE MOTOR VEHICLES Maintenance tax 226 ROME Charter amendments 1690 RURAL ELECTRIFICATION Exemption from taxation of corporations organized to engage in 84

Page 1924

S SAFETY DEPARTMENT See Public Safety Department. SALE OF FIREWORKS License required 494 SANDERSVILLE City charter 1692 City court, selection of jury 699 SANDY CROSS Consolidated school district refunding bonds 158 SANITARY SEWERS AND WATER MAINS In certain counties 496 SANTA CLAUSE City charter 1742 SAVANNAH Armstrong College Building 1747 Mayor's Pension and Police Chairman's Salary 1750 Pensions 1752 Port authority 1753 Recovery and payment for wharf construction 160 Street closing 1756 SAVANNAH BEACH Charter amendments 1748 SAVANNAH RIVER Seining 371 SCHOOL DISTRICTS Consolidation 315 SCHOOL SUPERINTENDENT Term of office 165

Page 1925

SCREVEN COUNTY Treasurer's salary 958 SEA FOODS Taxes and regulations on, penalty 368 SECRETARY OF STATE Compensation 288 SECRET BALLOT Elections 324 SEED LAW FOR GEORGIA 497 SEINING Savannah River 371 SENATE CONFIRMATION OF APPOINTEES Act repealed 289 SERVANTS AND CROPPERS Holding over 319 SHERIFF AND CLERK Salaries in certain counties 491 Vacancies defined 327 SOCIAL CIRCLE City Clerk and Treasurer 1757 SOLICITATION OF VOTES RESTRICTED See Elections. SOLICITOR-GENERAL Stone Mountain Circuit 989 SOUTHWESTERN CIRCUIT Reporter's salary fixed 994 SPALDING COUNTY Sheriff's bond 961 Zoning 960

Page 1926

SPARKS-ADEL Consolidated school district refunding bonds 163 SPARTA BAPTIST CHURCH Incorporation 508 SPRINGFIELD Warden 1759 STANDARDS FOR WEIGHTS AND MEASURES Established 510 STATE Highway board created 290 Librarian, compensation 372 Librarian, fees 373 Prison farm 291 School superintendent's term of office 165 Superintendent of farms 292 Treasurer, compensation, suspension 295 STATE BOARD OF EDUCATION Act amended 568 Salary of executive secretary 573 STATESBORO Taxes 1760 STENOGRAPHIC REPORTERS See Court Reporters. STEPHENS COUNTY Tax commissioner 961 STONE MOUNTAIN Refunding bonds 166 STONE MOUNTAIN CIRCUIT Solicitor's salary 989

Page 1927

ST. MARYS Streets and riparian rights 1761 Zoning and planning 1763 STRIKES REGULATED 515 SUITS Survival by or against public officers 516 SUMMERVILLE Charter amendments 1766 SUMTER COUNTY Sheriff's bond 963 SUNNY HILL Consolidated school district refunding bonds 168 SUPERINTENDENT OF FARMS Board of penal corrections abolished 292 SUPERIOR COURTS 607 Barrow Superior CourtFour terms 607 Bibb Superior CourtSix terms 608 Chatham Superior CourtTerms changed 610 Clerk's bond 374 Early Superior CourtTerms changed 611 Habersham Superior CourtFour terms 612 Meriwether Superior CourtFour terms 613 Rabun Superior CourtAdditional terms 615 Wheeler Superior CourtThree terms 616 SURETIES Bond 375 Clemons relieved 1871 Clerk of Superior Court 383 Field and Bedgood relieved 1867 Jones and Dennard relieved 1869 Jones, Reynolds and Wilbanks relieved 1870

Page 1928

M.E. Field relieved 1873 Macris relieved 1874 McCook relieved 1876 SURVEY Cadastral 382 SURVIVAL OF SUITS AGAINST PUBLIC OFFICERS See Public Officers. SUSPENSION OF TAX Motor fuels used in training pilots 1863 SWAINSBORO Mayor's election and terms 1771 T TATTNALL COUNTY Commissioners 963 Sheriff's bond 965 TAX APPEALS BOARD See Taxation. TAXATION 199 . Alcoholic liquors, regulation and tax 199 Board of tax appeals 200 Conservation of natural resources 318 , 1841 Estate taxes 221 Exemption of rural electrification corporations 84 General tax act amended 202 , 204 , 209 Income-tax law amended 210 Income-tax, resident defined, estate taxes 221 Intangibles classificationact amended 223 Macon ad valorem tax exemption 124 Paupers 377 Sea foods 368 Resident defined 221 Rolling store maintenance tax 226

Page 1929

Suspension on motor fuels used in training pilots 1863 Unemployment compensation tax exemptions 229 Wines, license and tax 234 TAX-COLLECTORS Collectors and commissioners, surety on bond 375 Collectors and receivers, fees 518 , 520 Receivers and commissioners, compensation 522 TAX-COMMISSIONERS Commissions in certain counties 524 Surety on bond 375 TAXI-CABS Delivery to destination in corporate limits 526 TAX RECEIVERS AND COLLECTORS Fees 518 , 520 TELFAIR, LAURENS AND DODGE COUNTIES See Highways. TEMPLE Charter amendments 1771 TENNILLE Water commissioners abolished 1773 THOMAS COUNTY Repayment authorized 1877 THOMAS E. WATSON STAMP Congress requested to authorize 1846 TIME Boundary changed 427 TOCCOA Water lines extended 1774

Page 1930

TOOMBS COUNTY Refunding bonds 170 TORTS Fire department members exemption 442 TOURIST CAMPS Registration of guests 489 TOWNS COUNTY Boundary changed 763 TRACKLESS TROLLEYS Subjected to same laws as street railways 529 TRAFFIC REGULATION See Counties. TREASURER Compensation 295 Suspension 295 TROUP COUNTY Addition 605 U UNADILLA Refunding bonds 174 UNEMPLOYMENT COMPENSATION Law amended 532 Tax exemptions 229 UNION COUNTY Boundary changed 763 Commissioners created 965 V VAN WERT Taxes 1776

Page 1931

VETERINARIAN Abolished 565 Duties transferred 238 VIDALIA Bonded debts 176 VILLA RICA City charter 1776 VOTERS IDENTIFICATION See Elections. VOTING BY MAIL Registrars, ballots furnished 365 W WALKER AND CATOOSA COUNTY 581 WALKER COUNTY Clerical assistance 973 Refunding bonds 178 Sheriff's bond 974 WARE AND PIERCE COUNTIES See Highways. WASHINGTON City Court established 700 Refunding bonds 182 WASHINGTON COUNTY Primary elections 975 Tax-commissioner 976 WAYCROSS Revenue certificates 184 WAYCROSS CIRCUIT Reporter's salary fixed 996 WEBSTER COUNTY Sheriff's bond 977

Page 1932

WEIGHTS AND MEASURES Standards established 510 WELFARE LAWS Administration 485 WHEELER SUPERIOR COURT Three terms 616 WILBANKS Relieved as surety 1870 WILCOX COUNTY Commissioners time of meeting changed 978 Refunding bonds 187 , 189 Tax-commissioner created 978 Tax-collector abolished 978 Tax-receiver abolished 978 Treasurer abolished 981 WILKES COUNTY Restitution by Highway Department 1865 WINES License and tax 234 WORTH COUNTY Districts 985 WRIGHTSVILLE Charter amendments 1832 Consolidated school district refunding bonds 193 WRIGHTSVILLE CITY COURT Judge and solicitor's office 719 Z ZONING Certain counties 565